West Long Branch City Zoning Code
§ 18-13.12
Final Site Plan Approval.
[Ord. #513]
a.
Filing of Final Site Plan.
1.
If the applicant desires to proceed with all or any part of the site plan, he shall cause a final site plan to be prepared. Within three years after the date of preliminary approval and at least 14 days prior to the date of the first regular business meeting of the month of the Board, he shall file with the Borough Clerk nine copies of the application, surveys, maps, drawings, exhibits and other documents.
3.
An applicant may file an application for final approval at the time of his application for preliminary approval provided application is for the entire tract and he agrees in writing to waive the time period within which the Board must act on final approval.
b.
Fees. At the time of submission of an application for final site plan approval, fees shall be paid in accordance with the provisions of Section 18-14.
c.
Reports.
1.
Borough Engineer's Report. The Borough Engineer shall submit a report to the Secretary of the appropriate Board and a copy thereof to the Borough Clerk. He shall certify that the final site plan conforms to the approved preliminary site plan or describe the particulars in which it fails to conform. He also shall certify that the final site plan conforms with the provisions of this Chapter, the Zoning Ordinance and the Official Map, if adopted, and he shall specify any failure to conform. He shall also provide any additional information requested by the Board and any comment that he deems appropriate. The Board Engineer shall certify to the Board that he is in receipt of a map showing all improvements, including all utilities, located on the site plan in exact location and elevation, identifying those portions already installed and those to be installed. The Borough Engineer shall also advise the Board either that the applicant has installed all or part of the improvements as required by the Borough and has posted the maintenance guarantee, or, if not installed, shall advise the Board of the estimated cost of the installation of all public improvements.
2.
Borough Clerk's Report. The Borough Clerk shall advise the Board of a posting of a performance guarantee acceptable to the Board in a form approved by the Borough Attorney and in an amount determined by the Borough Engineer to be required to cover the cost of installation of all public improvements.
d.
Action by Board.
1.
The Board shall disapprove, approve or conditionally approve the final site plan within 45 days after the date on which the application is deemed to be complete, or within such additional time as is agreeable to the applicant. The Board shall not approve the site plan if the County Planning Board report, when required, is unfavorable or prior to the expiration of the 30 day period within which the County Planning Board may submit a report on the site plan; provided, however, that if a report from the County Planning Board has not been received, the Board may approve the site plan conditional upon the receipt of notice of approval by the County Planning Board or the expiration of the 30 day period. If the Board disapproves or requires a revision of the site plan for any reason, it shall fix the amount of the fee, not to exceed the amount required for the original filing, to be filed with the Borough Clerk with the revised site plan, and its decision stating the reasons for such reapproval or required revisions shall be sent to the applicant.
2.
In acting on the final site plan, the Board shall review the improvements shown on the approved preliminary site plan and shall take into account the conditions and circumstances of existing and prospective improvements and development in the area involved, together with all other pertinent factors and shall either confirm the requirement for improvements as specified on the approved preliminary site plan and accept the design as shown on the approved preliminary site plan or shall require a revision of the improvements required to be installed. In considering any revision of the improvements or site plan shown on the approved preliminary site plan, the Board shall take into account any improvements that have been installed and any discrepancies between the design and improvements shown on the preliminary site plan and the standards for design and improvements specified in this section.
3.
If the Board approves of the final site plan, and all the provisions of this section have been complied with, the Chairman and the Secretary of the Board shall sign a notation to that effect on the master copy of the site plan; provided, however, that if the approval of the Board is conditional, the Chairman and the Secretary of the Board shall not sign the site plan until after the conditions of approval have been met. The site plan shall not be deemed to be approved until the Chairman and the Secretary of the Board shall sign the master copy of the final site plan. The Secretary of the Board shall notify the Borough Clerk of the favorable action by the Board after the site plan is signed.
4.
The Board shall approve the site plan only if all improvements have been installed to the satisfaction of the Board in accordance with the approved preliminary site plan or a revision thereof approved in accordance with this section and maintenance guarantees have been posted with the Borough Clerk or if such improvements have not been so installed, performance guarantees have been posted with the Borough Clerk for all on-tract, off-tract, on-site and off-site improvements and the applicant signs an agreement with the Borough which includes among other things:
(a)
Approval by the applicant of the terms of the performance guarantee to be posted by the Borough Clerk.
(b)
Certification that the applicant agrees to comply with the provisions of this section and a delineation of the specific conditions of such compliance which shall be met prior to permitting the occupancy of any building.
(c)
Certification that the applicant understands that all construction, except as may be required by the following, may be stopped by the governing body if he fails to correct damage to adjoining or nearby properties resulting from the development and all conditions causing such problems within 10 days from the date of notification by the Borough Engineer that unreasonable damage has or is being caused and that he understands that, if he fails to complete such corrective action as may be required within an additional 10 days, the governing body may instruct the Borough Engineer to cause such corrective action to be taken at the applicant's expense, the cost of such action to be deducted from the cash bond deposited with the Borough Clerk.
e.
Reproduction Fee. If the Board approves the final site plan, the applicant shall file with the Borough Clerk, payable to the Borough of West Long Branch, a fee of $60 plus $20 per sheet of supplementary documentation to defray the cost of reproducing copies of the final site plan for distribution as required. Following the payment of this fee, a notation of the favorable action by the Board shall be signed by the Board Chairman and the Board Secretary. The final site plan should not be deemed to be approved until so signed.
f.
Distribution of Approved Final Site Plan. The Planning Board Elected Secretary shall arrange to have copies of the signed final site plan reproduced and shall file the master copy in the office of the Planning Board Elected Secretary. The Planning Board Elected Secretary shall send one copy of the signed final site plan to each of the following: