Seaside Heights City Zoning Code
ARTICLE VII
Subdivision Review
§ 246-66 Intent.
A.
Subdivision review is provided for in the Municipal Land Use Law (N.J.S.A. 40:55D-37). Such review makes it possible for the Land Use Board to ensure development which is consistent with the Zoning Ordinance and Master Plan. It permits the Board to review developmental layout, street design, water drainage and sewerage adequacy, flood hazards and protection/conservation measures. It also makes possible provisions for off-tract improvements and, in the case of planned developments, promotes flexibility.
B.
In short, subdivision review establishes rules and standards for the division of land within the Borough in order to promote health, safety, convenience and general welfare.
§ 246-67 Approval required.
Any applicant wishing to divide or resubdivide land within the Borough shall apply for and obtain the approval of the Land Use Board in accordance with the procedures outlined herein.
§ 246-68 Submission.
[Amended 12-3-1997 by Ord. No. 97-13]
An applicant for subdivision of land shall submit to the Board Secretary four copies of an application and 12 copies of a sketch plat containing the information outlined in § 246-78 of this article two weeks prior to a regular meeting of the Land Use Board.
§ 246-69 Classification.
The Subdivision Committee of the Land Use Board shall review the plat prior to the regular meeting and shall classify the subdivision as a minor, exempt or major subdivision. Subdivisions failing to receive a unanimous vote as minor or exempt shall be considered major.
§ 246-70 Report of Subdivision Committee.
The Subdivision Committee shall report its recommendations and comments on each application to the Land Use Board at its next regular meeting. The Board shall have the right to approve or change the classification by majority vote.
§ 246-71 Minor subdivisions.
If classified as a minor subdivision, the Land Use Board shall have the authority to approve immediately or to forward copies of the plat to city offices or consultants for review. Upon completion of that review and within 45 days of receipt of the completed application, the Board will approve, conditionally approve or reject the request. If approved, a notation to that effect shall be made upon the plat and shall be signed by the Land Use Board Chairman and Municipal Clerk and returned to the applicant. If rejected, the reasons shall be noted upon all copies of the application form, and one copy shall be returned to the applicant.
§ 246-72 Filing with County Recording Office.
If approved as a minor subdivision, a plat drawn in compliance with the Map Filing Law, Chapter 141 of the Laws of 1960 (N.J.S.A. 46:23-9.9 et seq.), or a deed clearly describing the approved minor subdivision shall be filed with the Board Secretary within 190 days of the date on which the resolution of approval is adopted. Unless such a plat or deed is filed, the minor subdivision shall expire. Any such plat or deed accepted for filing shall have been signed by the Chairman and Secretary of the Land Use Board. The Land Use Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed if the developer proves to the reasonable satisfaction of the Land Use Board that the developer was barred or legally prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Land Use Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.
§ 246-73 Extension of approval.
The Land Use Board shall grant an extension of minor subdivision approval for a period determined by the Board, but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before what would otherwise be the expiration date of minor subdivision approval or the 91st day after the developer received the last legally required approval from other governmental entities, whichever occurs later.
§ 246-74 Lands resulting from minor subdivision.
Any lands, lots or parcels resulting or remaining from minor subdivision may not be submitted as a minor subdivision for 24 months from the date of initial approval.
§ 246-75 Minor subdivision submission.
A.
The applicant shall submit 12 copies of a plat signed and sealed by a licensed land surveyor and based upon an accurate certified survey at a scale of one inch equals 50 feet. It shall include:
(1)
A key map showing the entire subdivision in relation to the surrounding area and roadway system.
(2)
All existing structures within the parcel to be subdivided and within 200 feet of said parcel.
(3)
The name and address of the owner and the names of all adjoining property owners as disclosed by the most recent municipal tax records.
(4)
The Tax Map sheet, block and lot numbers.
(5)
All existing and proposed streets and easements (including public utility easements) within or adjoining the proposed subdivision shall be clearly indicated.
(6)
The dimensions of all proposed lot lines of all new lots being created and parcels being retained and any existing lot lines to be eliminated by the proposed subdivision shall be clearly indicated.
(7)
The location, size and direction of flow of all streams, brooks, lakes, watercourses, drainage structures and drainage ditches in the area to be subdivided and within 200 feet of the proposed subdivision.
(8)
North arrow, the scale at which the plat is drawn and the date of preparation.
(9)
The acreage of the entire tract and of new parcels being proposed.
(10)
The number of new lots being created.
(11)
The name and address of the owner, subdivider and person preparing the plat.
(12)
The classification of the zoning district or districts in which the proposed subdivision is located and a table listing conformance or nonconformance with zoning regulations in the districts.
(13)
The location of any proposed open space or recreation areas.
B.
The submission shall be accompanied by a certification from the City Tax Collector that all taxes are paid to date.
§ 246-76 Major subdivisions.
§ 246-77 Preliminary submission.
[Amended 12-3-1997 by Ord. No. 97-13]
An applicant for preliminary major subdivision review and approval shall submit 10 copies of a preliminary plat clearly drawn and accurately reproduced at a scale of one inch equals 50 feet designed and drawn by a professional engineer and land surveyor, along with three copies of a completed application for preliminary approval and the appropriate fee (See Article VI, § 246-54) to the Municipal Clerk at least three weeks prior to the regular Land Use Board meeting. The Board Secretary shall keep one copy and submit the others to the Secretary of the Land Use Board.
§ 246-78 Required information for preliminary plat.
The preliminary plat shall show or be accompanied by the following information:
B.
Proposed street pattern in the subdivided area, distance to nearest existing developed area and relationship of parcel to existing roadways.
C.
Profiles and cross sections of proposed streets and of existing roadways abutting the subdivision. Cross sections shall show type and width of paving, location and type of curb, location of sidewalks, existing or proposed sight triangles at intersections and radii curblines.
D.
Elevation contours on a one-foot contour interval referenced to United States Geological Survey datum (1929).
E.
Boundaries of floodplain and wetlands areas as shown on Flood Insurance Rate Maps and State Department of Environmental Protection CAFRA Maps.
F.
The location and extent of drainage or conservation easements and stream encroachment lines.
G.
Plans and computations for storm drainage systems and retention facilities.
H.
Location of underground or surface utilities.
I.
Soil borings as may be required by the engineer.
J.
A list of off-tract improvements required for subdivision completion.
K.
Sanitary sewer and water design and calculations. The application and preliminary plan shall be accompanied by a letter of intent stating the following information: type of structures to be erected, nature of commercial use (if any), approximate date of construction start and estimated number of lots on which final approval will be requested.
L.
A landscape plan conforming to district regulations in which the subdivision is located.
§ 246-79 Preliminary review and approval process.
A.
Upon receipt of the plat and accompanying exhibits from the applicant, the Board Secretary will distribute copies of the preliminary plat and attached exhibits to the City Engineer, City Conservation Official, City Planner, County Planning Board and any other official or agency who or which may be affected by the proposed subdivision.
B.
Officials and agencies cited in Subsection A above shall forward reviews and recommendations, in writing, to the Land Use Board within 30 days of receipt. During the same time period, the Subdivision Committee shall review the plat for completeness and shall notify the developer of its findings within 45 days. In reviewing the subdivision request, the Land Use Board shall be guided by standards set forth within various zoning districts (see §§ 246-36 through 246-43) and by the additional standards established in § 246-44.
[Amended 12-3-1997 by Ord. No. 97-13]
C.
After all comments have been received and after a public hearing pursuant to § 246-53 of Article VI of this chapter, and if no substantial amendments have resulted from the review hearing, the Land Use Board shall:
[Amended 12-3-1997 by Ord. No. 97-13]
(1)
For subdivisions of 10 or fewer lots, grant or deny preliminary approval within 45 days of the date of submission of a completed application or within such further time as may be consented to by the developer.
(2)
For subdivisions of 10 or more lots, grant or deny preliminary approval within 95 days of the date of receipt of a completed application or within such further time as may be consented to by the developer.
D.
If the Land Use Board requires any substantial amendment in the layout of the improvements proposed by the developer that have been the subject of a hearing, an amended application shall be submitted and proceeded upon as in the case of the original application for development.
E.
In the case of planned developments, the Land Use Board shall find that the development conforms to the design, density, recreational and environmental standards established by ordinance for planned developmental districts.
F.
The disclosure requirements set out in the Municipal Land Use Law, Chapter 336 of the Laws of 1977 (1978), N.J.S.A. 40:55D-48.1, 40:55D-48.2 and 40:55D-48.3, shall be complied with.
§ 246-80 Effect of preliminary approval.
A.
The general terms and conditions on which preliminary approval was granted shall not be changed, except that the municipality may by ordinance modify such general terms and conditions as relate to public health and safety.
B.
The applicant may submit for final approval, on or before the expiration date of preliminary approval, the whole or a section or sections of the preliminary subdivision plat or site plan, as the case may be.
C.
The applicant may apply for and the Land Use Board may grant extensions on such preliminary approval for additional periods for at least one year but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards may govern.
D.
In the case of a subdivision of or a site plan for an area of 50 acres or more, the Land Use Board may grant the above rights for such period of time longer than three years as shall be determined by the Land Use Board, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development.
E.
The applicant may apply for thereafter and the Land Use Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Land Use Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.
F.
If the Land Use Board acts favorably upon a preliminary plat, the Chairman and Secretary of the Board shall affix their signatures to the plat, with a notation that it has received preliminary approval, and shall return the same to the subdivider for compliance with final approval requirements. Where approval is granted, the Chairman and the Secretary of the Board shall affix their signatures to the plat only where all conditions required for approval have been met.
§ 246-81 Final submission.
[Amended 12-3-1997 by Ord. No. 97-13]
An application for final approval shall be submitted to the Land Use Board within three years from the date on which the resolution of preliminary approval is adopted. The application, in triplicate, and appropriate fee (see Article VI, § 246-54) shall be accompanied by one original tracing, one translucent cloth copy and 10 black-and-white prints at a scale of one inch equals 50 feet and shall be submitted to the Board Secretary at least three weeks prior to the regular meeting of the Land Use Board.
§ 246-82 Final plat details.
Final submission plats shall be drawn in ink on translucent tracing cloth or its equivalent and shall comply with all provisions of the Map Filing Law, N.J.S.A. 46:23-9.9 et seq. The final plat shall show or be accompanied by only that information and those details specified in the aforementioned New Jersey Map Filing Law or in the following list:
A.
The date, location and name of the subdivision, name of the owners, graphic scale and reference meridian.
B.
Tract boundary lines, right-of-way lines of street names, easements and other rights-of-way, land to be reserved or dedicated to public use, lot lines and other site lines, all with accurate dimensions, bearings or deflection angles, and the radii, arcs and central angles of all curves. Distances and bearings shall be on North American Datum of 1927 or North American Datum of 1983, as specified by the engineer.
C.
The purpose of any easement or land reserved or dedicated to public use shall be designated, and the proposed use of sites other than residential shall be noted.
D.
All natural and artificial watercourses, streams, shorelines, water boundaries and encroachment lines shall be shown. Final stormwater outfalls in retention basins or other receiving bodies of water shall be identified by coordinates based on the datum specified in Subsection B above.
E.
Each block shall be numbered, and the lots within each block shall be numbered consecutively, beginning with Number 1.
F.
Minimum building setback lines on all lots and other sites.
G.
The location and description of all monuments.
H.
The names of owners of adjoining land parcels.
I.
Certification by a licensed land surveyor as to the accuracy of details of the plat.
J.
Certification that the applicant is the owner or equitable owner of the land or a representative thereof or that the owner has given consent under an option agreement.
K.
An updated certification from the Tax Collector that there are no delinquent taxes charged to the property involved in the subdivision.
L.
The preliminary plat, engineering details, cross sections and profiles of streets and plan and profiles of storm drainage systems, approved by the engineer, shall be required to accompany the final plat, with all conditions of preliminary approval met and reviewed by the engineer prior to final plot submission.
M.
Plans and profiles of sanitary sewers and water mains will be required to accompany the final plat.
N.
When approval of a plat is required by an officer or body of the municipality, county or state, approval shall be certified on the plat prior to its filing in the office of the Board Secretary.
O.
All approvals and permits from other agencies.
§ 246-83 Required information for final plat.
The final plat shall include all of the information requested in of this article and shall additionally incorporate all changes or modifications required by the Land Use Board, including conditions of preliminary approval. The plat shall be accompanied by the following:
A.
A letter from the applicant stating that no changes other than those noted on the plat have occurred.
B.
A letter from the Municipal Engineer indicating that the applicant has completed the installation of all improvements in accordance with the requirements of this chapter or posted with the City Clerk a performance guaranty in an amount sufficient to cover the cost of all improvements required as estimated by the applicant's engineer and approved by the Municipal Engineer.
C.
A letter from the Fire Department signed by the Chief stating that waterlines and fire hydrants are adequate for fire protection.
D.
A letter from the Municipal Tax Collector certifying that all taxes have been paid to date.
E.
A letter from the Board Secretary indicating the amount, form and content of the maintenance guaranty accepted by City Council and that fees estimated by the City Engineer required for construction inspection costs other than those relating to building permit have been paid (see Article VI, § 246-54).
[Amended 12-3-1997 by Ord. No. 97-13]
§ 246-84 Final review and approval process.
The Land Use Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by this chapter for final approval, the conditions of preliminary approval and, in the case of a major subdivision, the standards prescribed by the Map Filing Law, Chapter 141 of the Laws of 1960 (N.J.S.A. 46:23-9.9 et seq.), provided that, in the case of a planned unit development, planned unit residential development or residential cluster, the Land Use Board may permit minimal deviations from the conditions of preliminary approval necessitated by change of conditions beyond the control of the developer since the date of the preliminary approval without the developer being required to submit another application for development for preliminary approval.
A.
Final approval shall be granted or denied within 45 days after submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant.
B.
If the Land Use Board approves, a notation to that effect shall be made on each plat and signed by the Chairman and Secretary of the Land Use Board.
C.
Whenever review or approval of the application by the County Planning Board is required by Section 5 of Chapter 285 of the Laws of 1968 (N.J.S.A. 40:27-6.3), in the case of a subdivision, the Land Use Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
§ 246-85 Filing of major subdivisions.
Final approval of a major subdivision shall expire 95 days from the date of signing the plat unless within such period the plat shall have been duly filed by the developer with the County Clerk. At the expiration of the 95 days, the Land Use Board Secretary shall check with the County Clerk to ascertain whether such filing has occurred, if the County Clerk has not notified the Land Use Board Secretary of such filing. The Land Use Board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of the signing of the plat. The Land Use Board may extend the ninety-five-day or one-hundred-ninety-day period if the developer proves to the reasonable satisfaction of the Land Use Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Land Use Board. The developer may apply for an extension either before or after the original extension date.
§ 246-86 Effect of final approval.
Once a plat has been approved and filed within the prescribed time period, the terms and conditions of that approval shall not be changed for a period of two years from the date of approval. The Land Use Board may extend the two-year limit for a period of one year. Such extensions shall not be granted more than three times.
§ 246-87 Nonconforming uses and structures.
A.
A nonconforming use or structure existing at the passage of this chapter may be continued on the lot or in the structure so occupied, and any such structure may be restored or repaired in the event of partial destruction.
B.
A prospective purchaser, mortgagee or any person interested in land which includes a nonconforming use or structure may apply, in writing, for the issuance of a certificate certifying that the use or structure existed prior to the adoption of this chapter. The applicant shall have the burden of proof. The applicant shall apply for said certificate within one year of the passage of this chapter or at any time to the Board of Adjustment.
§ 246-88 Standards governing nonconforming uses and structures.
A.
Reversion prohibited. A nonconforming use, once converted to a conforming use, shall not revert to the nonconforming use or to another nonconforming use.
B.
The expansion of a nonconforming use requires a use variance and shall be by resolution of the Land Use Board.
C.
Review of plan required. All changes pertaining to nonconforming uses shall require the review of a plan in order to make an informed determination that the existing site conditions are adequate to serve the use and meet the minimum requirements for the public safety; said plan shall be approved by resolution of the Board.
§ 246-89 Standards governing nonconforming lots.
A nonconforming lot shall not be reduced in area or dimensions.