[HISTORY: Adopted by the Mayor and Borough
Council of the Borough of Lavallette 5-22-2006 by Ord. No. 2006-11 (999). Amendments noted where applicable.]
This chapter shall be known and may be cited
as "The Site Plan Review Ordinance of the Borough of Lavallette (2006)."
A.
This chapter is adopted pursuant to the Municipal Land Use Law of the State of New Jersey, Chapter 291, Laws of 1975, as amended and supplemented, and as the same may hereafter be amended and supplemented, and is intended to encompass the primary ordinances of the Borough of Lavallette relating to land development and land utilization in said Borough, including Chapter 90, Zoning; Chapter 37, Land Use and Chapter 57, Subdivision of Land, and in furtherance of the purposes expressed in said Municipal Land Use Law.
B.
The purpose of this chapter shall be to provide rules,
regulations and standards to guide the appropriate use and development
of land in the Borough of Lavallette in order to promote the public
health, safety, convenience and general welfare of the municipality.
It shall be administered to ensure the orderly growth and development,
the conservation, protection and proper use of land and adequate provision
for density, circulation, parking, utilities, services and aesthetics.
A.
The approval provisions of this chapter shall be administered
by the Borough of Lavallette Planning Board in accordance with all
applicable provisions of N.J.S.A. 40:55D-1 et seq.
B.
The Planning Board shall have the power to review
and approve or deny site plans and conditional uses simultaneously
with review for subdivision approval without the developer being required
to make further application to the Planning Board or the Planning
Board being required to hold further hearings. The longest time period
for action by the Planning Board, whether it is for subdivision, conditional
use or site plan approval, shall apply. Whenever approval of a conditional
use is requested by a developer, notice of the hearing on the plat
shall include reference to the request for such conditional use. The
developer shall file the appropriate applications separately and pay
all applicable fees.
For the purpose of this chapter, the terms used
herein are defined as follows:
As applied to a building or structure, an addition shall
mean an enlargement of the original structure by an extension of any
side or by increasing the height. An addition must be served by the
same mutual main entrance and be served by the electric, water and
sewer of the original building or structure.
The Planning Board Secretary for matters under the jurisdiction
of the Planning Board and to whom the application for development
is submitted; the Zoning Officer for matters concerning application
for permits under the Zoning Ordinance or Land Development Ordinance.
Development designs, situations, or existing features on
a developer's property, or any nearby property, creating, imposing,
aggravating or leading to impractical, unsafe, unsatisfactory or noncomplying
conditions such as insufficient parking spaces; a layout inconsistent
with the zoning regulations; insufficient street width; unsuitable
street grade; unsuitable location; inconvenient street system; unsafe
ingress and egress to property; inadequate utilities such as water,
drainage and sewerage; unsuitable size, shape and location for any
area reserved for public use; infringement upon land designated as
subject to flooding; the creation of conditions leading to pollution
of the bay or potable water supply; soil or beach erosion from wind
or water, from excavation or grading, or other natural and man-made
occurrences, all as set forth in N.J.S.A. 40:55D-38 and measured against
the design and performance standards of this chapter.
As applied to a building or structure, a change or rearrangement
in the structural supports; or a change in height, width or depth;
or moving a building or structure from one location or position to
another; or changing, adding to or removing from or otherwise affecting
the exterior design of a building or structure.
The Borough Planning Board when acting under the authority
of the Municipal Land Use Law, as amended and supplemented.
A person, partnership, corporation or public agency requesting
permission to engage in some activity on or in the lands and buildings
in the Borough of Lavallette and submitting an application for development.
The application form and all accompanying documents required
by ordinance for approval of a site plan, zoning variance or permit
to a structure not related to a street.
Any structure with a roof used or intended for supporting
or sheltering any use or occupancy.
An upright structure or retaining wall usually along the
waterfront, constructed of treated lumber, reinforced concrete, marine
alloy steel, fiberglass, PVC or other approved materials.
A certificate (or letter) issued by the Secretary to the
Planning Board after all required submissions have been made in proper
form certifying that an application for development is complete and
ready for scheduling on the Planning Board agenda.
A certificate issued upon resale or completion of construction
and/or alteration of any building. Said certificate shall acknowledge
compliance with all requirements of this chapter and the Land Development
Ordinance,[1] such adjustments thereto granted by the Planning Board
and/or all other applicable requirements. The certificate of occupancy
is issued by the Construction Official after he receives a zoning
certificate of occupancy from the Zoning Officer.
The official of the Borough of Lavallette appointed pursuant
to the Uniform Construction Code of the State of New Jersey.
The percentage of the plot or lot area covered by buildings
and structures.
Any land within a flood zone (floodway or flood
fringe area) as delineated by the Department of Environmental Protection,
State of New Jersey;
Any land that fronts on the ocean or Barnegat
Bay or its lagoons; or
Any land where the water table or surface waters
cause particular problems of development, or where development is
likely to cause damage to the groundwater.
Calendar days unless otherwise specified.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
The process of obtaining site plan review. It may also refer
to the improvement of land and, in proper context, to a subdivision.
Any part of the territory of the Borough of Lavallette which
is designated on the accompanying Zoning Map and to which certain
uniform regulations and requirements of this chapter apply.
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff to minimize
erosion and sedimentation during and after construction or development
and includes the means necessary for water supply preservation or
prevention or alleviation of flooding.
A private road or way not less than eight feet in width leading
from a public street to a building, structure or parking lot or area.
In the case of a residential driveway, it is the area provided for
the required off-street parking.
The right of the property owner, Borough, county, state,
or other public or quasi-public agency or their agents, servants and
employees to use the land subject to the easement for the purposes
specified on the plat or in the document granting the easement.
The detachment and movement of sand, soil or rock fragments
by water, wind, ice and/or gravity.
Underground gas, electrical, telecommunications, water transmission
or distribution systems, including mains, drains, sewers, pipes, conduits
and cables; and including normal aboveground appurtenances, such as
fire alarm boxes, police call boxes, light standards, poles, traffic
signals, hydrants and other similar equipment and accessories in connection
therewith, reasonably necessary for the furnishing of adequate service
by public utilities or municipal or other governmental agencies or
for the public health or safety or general welfare.
The approval required prior to issuance of a zoning permit,
building permit or other permit authorizing the development of land.
Those as outlined under preliminary approval, including but
not limited to use requirements; layout and design standards for streets,
curbs and sidewalks; lot size; yard dimensions and off-tract improvements;
and any requirements peculiar to site plan approval, except that nothing
herein shall be construed to prevent the municipality from modifying,
by ordinance, such general terms and conditions of preliminary approval
as relate to public health and safety.
The Mayor and Council of the Borough of Lavallette.
Any ground, soil, sand or earth, including marshes, drainageways
and areas not permanently covered by water, within the municipality.
Includes improvements and fixtures on, above or below the surface.
The arrangement of land for human use and enjoyment. It involves
the placement of accessory structures, vehicular and pedestrian ways,
and plantings or other ground cover such as gravel, stones or other
material, and the modification or altering of such structures, vehicular
and pedestrian ways, and plant or other ground cover.
A parcel or portion of land separated from other parcels
or portions by description, as on a subdivision or record of survey
map, or by metes and bounds, for purchase or sale, lease or separate
use.
The area, expressed in square footage, of a lot contained
within the lot lines of the property. Any portion of a lot included
in a street right-of-way shall not be included in calculating lot
area. Portions of lots encumbered by easements shall be included in
calculating lot area. Portions of lots under water shall not be included
in calculating lot area.
The security required for the maintenance of any improvements
required by this chapter, including but not limited to surety bonds,
letters of credit pursuant to N.J.S.A.40:55D-53 and cash.
A composite of one or more written or graphic proposals for
the development of the Borough of Lavallette as set forth in and adopted
pursuant to Section 19 of P.L. 1975, c. 291.[2]
Any site plan not classified as a minor site plan or exempt site plan per § 53A-6.
A development for which site plan approval is required and
for which the following conditions have been met:
The construction of new drainage facilities
is not required nor a change of grades or other alterations or established
drainage patterns.
Exterior facade alterations are proposed and/or
new building construction and/or building additions do not exceed
1,000 square feet of gross floor area or 35% of the gross floor area
of the existing building, whichever is greater.
The proposed development does not increase the
parking requirements by more than five spaces or increase the existing
parking by more than 10%, whichever is greater.
No new or altered public streets or roads are
proposed.
No part of the site is in a "critical area,"
as defined in this chapter.
Located outside the lot lines of the lot in question but
within the property of which the lot is a part, which is the subject
of the development application or a contiguous portion of a street
or right-of-way.
Neither located on the property which is the subject of a
development application nor located on contiguous portions of a street
or right-of-way.
Water, sewer, drainage and street improvements neither located
on the property which is the subject of a development application
nor located on a contiguous portion of a street or right-of-way.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Any individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest in the land
sought to be developed to commence and maintain proceedings for site
plan approval for the same under this chapter and, for the purpose
of this chapter, shall include the developer, applicant, agent, engineer
or other person authorized to represent the owner as defined herein.
The security which may be accepted in lieu of a requirement
that certain improvements be made before the reviewing board approves
a final site plan application, including performance bonds, escrow
agreements, other similar collateral or surety agreements and 10%
cash.
The approval given to a preliminary site plan when the plan as submitted meets all requirements of applicable municipal ordinances and confers upon the applicant all of the rights provided in § 53A-8 of this chapter.
Space allocated for collection and storage of source-separated
recyclable materials.
A structure more than 18 inches high erected between lands
of different elevation to protect structures and/or to prevent washing
down or erosion of earth from the upper slope level.
The lot in question which is the subject of the development
application or a contiguous portion of a street or right-of-way.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the
lot, including but not necessarily limited to topography, grading,
vegetation, drainage, utilities, landscaping, easements, floodplains,
marshes and waterways.
The location and elevation of all existing and
proposed buildings, structures, streets, driveways, parking spaces,
loading and unloading areas, walkways, means of ingress and egress,
drainage facilities, utility services, landscaping, signs, lighting
and screening devices.
Any other information that may be reasonably
required to make an informed determination pursuant to the provisions
of this chapter requiring review and approval of site plans by the
Planning Board adopted pursuant to Article 6 (N.J.S.A. 40:55D-37 et
seq.) of the Municipal Land Use Law.
An application to the Planning Board requesting site plan
review and approval and accompanied by all of the information required
by this chapter.
The word "structure" shall include the word "building" and
shall include anything constructed, assembled or erected, the use
of which requires location on the ground or attachment to something
having location on or in the ground, and shall include, by way of
illustration and not by way of limitation, houses, stores, fences,
steps, decks, tanks, towers, advertising signs or devices, bins, tents,
lunch wagons, trailers, dining cars, camp cars or similar structures
on wheels, or other supports, used for business or living purposes.
The word "structure" shall not apply to service utilities entirely
below ground. The word "structure" shall apply to all patios or decks
constructed of concrete or other impervious materials. All structures
shall be included in the calculation of lot coverage.
The division of a lot, tract or parcel of land
into two or more lots, sites or other divisions of land for the purpose,
whether immediate or future, of sale or building development, except
that the following divisions shall not be considered subdivisions,
provided that no new streets or roads are involved:
"Subdivision" also includes resubdivision, which
is the further division or relocation of lot lines of any lot or lots
within a subdivision previously made and approved or recorded according
to law, or the alteration of any streets or the establishment of any
new streets within any subdivision previously made and approved or
recorded according to law, but does not include conveyances so as
to combine existing lots by deed or other instruments.
For purposes of this chapter, a subdivision shall not include
the development or redevelopment of property consisting of, or proposed
to consist of, no more than two contiguous lots along, that municipal
right of way now or formerly known as Ocean Avenue as shown on any
prior official tax map of the Borough of Lavallette or the County
of Ocean, and which have one presently existing property line bordering
on the beach and/or boardwalk, provided that lot size, setbacks and
all other zoning requirements of each such contiguous lot presently
are, or are proposed to be, conforming to the requirements of the
Zoning Ordinances of the Borough of Lavallette, regardless of whether
the contiguous lots contain existing dwellings, existing dwellings
which have a foundation on both contiguous lots and are planned to
be demolished, removed or modified, or are vacant.
[Added 8-3-2020 by Ord. No. 2020-06 (1206)]
The specific purpose for which a parcel of land or a building
is designed, arranged, intended or for which it is or may be occupied
or maintained. The term "permitted use" or its equivalent shall not
be deemed to include any nonconforming use.
Permission granted by the Planning Board to depart from the
literal requirements of the Zoning Ordinance of the Borough of Lavallette
pursuant to the Municipal Land Use Law, (N.J.S.A. 40:55D-60, 40:55D-40b
and 40:55D-70c and d, respectively) and/or the grant of relief from
the requirements of this chapter which permits construction in a manner
that would otherwise be prohibited by this chapter.
The official appointed to enforce the Zoning Ordinance and
Land Use Ordinance of the Borough of Lavallette, or the deputy of
such official, or other person officially appointed to act in the
place or stead of the Zoning Officer in the event of his or her absence,
disability or disqualification.
A document approved and signed by the Zoning Officer, which:
Is required by ordinance as a condition precedent
to the commencement of a use or the issuance of a building permit
for the erection, construction, reconstruction, alteration, conversion
or installation of a structure or building; and
Acknowledges that such use, structure or building
complies with the provisions of the municipal Zoning Ordinance or
variance therefrom and duly authorized by the Planning Board.
A.
In all zones, for all proposed uses, subdivisions,
site development or construction, other than an exempt development,
site plan approval shall be required prior to:
(1)
Issuance of a zoning permit, building permit or certificate of occupancy for any new structure or for any addition to or alteration of an existing structure that do not meet the definition of an exempt site plan as set forth in § 53A-6.
(2)
Any change of use of land or structure to a use for
which any of the standards of this chapter or the Zoning Ordinance
of the Borough of Lavallette[1] are more restrictive or stringent or which requires parking
and/or storage space for vehicles larger than passenger automobiles
or increases the number of vehicles larger than passenger automobiles
to be stored on the site.
(3)
The construction or alteration of any public facility,
structure or building for which referrals to the Planning Board for
review and recommendation is required by N.J.S.A. 40:55D-31.
(4)
The construction or alteration of or addition to any
off-street parking area which provides an increase of five or more
vehicle parking spaces as compared to the last approved and/or developed
site plan or the number existing at the time of adoption of this chapter.
(5)
Interior alterations that increase the required number
of off-street parking spaces.
(6)
Construction or installation of underground facilities
that alter the general use, appearance or grade of the site.
(7)
Alteration of any parking area, entrance and/or exit
drive, buffer area or other site improvement in conjunction with or
subsequent to any condemnation or taking proceeding.
B.
Site development plans shall be so designed to enhance
the general appearance of the Borough, to promote the harmonious use
of land, to lessen congestion in the streets, to secure safety from
fire, panic and other dangers, to promote health, morals and general
welfare, to provide adequate light and air, to prevent the overcrowding
of land and buildings and to encourage development and designs consistent
with the purpose of the Zoning and Subdivision Ordinances[2] of the Borough.
C.
All development or other activity or change requiring
or resulting from site plan approval shall comply with the zoning,
subdivision and stormwater management requirements of the Borough,
as well as all Borough design and performance standards, including
off-street parking requirements and including conditions imposed by
the approving authority, as shown on the approval plat and as included
in the resolution adopted by the approving authority.
[Amended 10-20-2008 by Ord. No. 2008-24 (1052)]
D.
Building materials and architectural style. Particular
attention must be given to the architectural style, selection of materials,
building scale, color and texture incorporated into the overall design
of the project. Accordingly, as part of the site plan review process,
samples of all building materials to be utilized will be submitted
to the Planning Board engineer for his review and recommendation prior
to being submitted to the Planning Board for its approval. Building
materials to be utilized shall be specified on the architectural schematic
plans submitted as part of the site plan and subdivision application.
E.
The requirement for site plan approval shall not limit
the requirements for submission of an application to the approving
authority for variance or subdivision approval as otherwise required
by Borough ordinance or other applicable law.
Site plan review and approval by the approving
authority shall not be required for development of a single-family
dwelling unit or two-family dwelling unit(s) on individual lots.
A.
All applications by any person wishing to undertake
any of the following shall first be made to the Zoning Officer for
issuance of a zoning permit:
(1)
Subdivision of land.
(2)
Construct a new building or structure.
(3)
Add to or structurally alter any existing building.
(4)
Change the use on any land or within any building
or structure.
(5)
Change the occupancy of any business use.
(6)
Construct, add to or alter any parking area, signs,
lighting, drainage facility or any other site improvement above and/or
below ground level.
(7)
Alter the existing condition of any parcel of land.
(8)
Erect a tent pursuant to the provisions of this chapter.
(9)
Change in lot size in conjunction with or subsequent
to any condemnation or taking proceeding.
B.
If the Zoning Officer shall determine, after reviewing
an application for a zoning permit, that the proposed undertaking
is an exempt development that conforms in all aspects to the requirements
of this chapter and the Zoning Ordinance of the Borough of Lavallette[1] and does not require direction for issuance of a building
permit pursuant to Section 25 or Section 27 of P.L. 1975, c. 291 (Municipal
Land Use Law), he shall issue a zoning permit, and the applicant may
then apply for a building permit and/or other permits that may be
required.
C.
If the Zoning Officer shall determine that the proposed
undertaking is an exempt development, but does not conform in all
aspects to the requirements of this chapter and the Zoning Ordinance
and/or requires direction for issuance of a building permit pursuant
to Section 25 or 27 of P.L. 1975, c. 291, he shall instruct the applicant
that Planning Board approval of an application for development for
variance and/or direction for issuance of a building permit is required
before a zoning permit may be issued allowing the applicant to apply
for a building permit and/or other permits that may be required.
D.
If the Zoning Officer shall determine that the proposed
undertaking is not an exempt development, he shall instruct the applicant
that Planning Board approval of an application for development is
required. He shall further advise the applicant which of the following
approvals are required:
E.
The Planning Board shall hear and act upon any requests
for granting of variances, conditional use approval and/or direction
for issuance of building permit at the same time that it hears and
acts upon a minor subdivision, minor site plan, preliminary plat of
a major subdivision or a preliminary plat of a major site plan.
All site plans and supporting documents shall
comply with the requirements hereinafter set forth and shall contain
the following information and data:
A.
Each site plan submitted shall be drawn to a scale
of one inch equals 20 feet or greater.
B.
All plans shall be certified by a New Jersey licensed
architect or engineer and shall include accurate lot lines certified
by a registered land surveyor. Plans shall be submitted on one of
the following standard sheet sizes: 15 inches by 21 inches; 24 inches
by 36 inches; or 30 inches by 42 inches. If one sheet is not sufficient
to contain the entire territory, the map may be divided into sections,
to be shown on separate sheets of equal sizes, with references on
each sheet to the adjoining sheets.
C.
Boundaries of the tract, North arrow and graphic scale.
D.
Zone districts in which the lot(s) are located.
E.
Existing and proposed streets and street names.
F.
Existing and proposed contour lines at one-foot intervals
inside the tract and within 50 feet of the tract's boundaries.
G.
Existing and proposed buildings and accurate locations
and sizes of all buildings on properties adjacent to and across the
street from the property in question.
H.
Title of plans and date of preparation.
I.
Existing and proposed streams and easements.
J.
Total building coverage in square feet and percent
of lot.
K.
Total number of existing and proposed parking spaces.
L.
All dimensions needed to confirm conformity with the
Borough's Zoning Ordinance, such as but not limited to buildings,
lot lines, parking spaces, setbacks and yards.
M.
A small key map giving the general location of the
parcel to the remainder of the municipality.
N.
The site in relation to all remaining lands in the
applicant's ownership.
O.
Size, height, location and arrangement of all existing
and proposed buildings, structures and signs in accordance with the
requirements of this chapter and all other applicable ordinances,
including a rendering of each building showing elevations and the
proposed use of all structures.
P.
Proposed circulation plans, including access streets,
curbs, aisles and lanes, easements, fire lanes, driveways, parking
spaces, loading areas, loading berths or docks, pedestrian walks and
all related facilities for the movement and storage of goods, vehicles
and persons on the site in accordance with applicable requirements
of this chapter and all other applicable ordinances, including the
location of lights, lighting standards, signs and driveways within
the tract and within 100 feet of the tract. Sidewalks shall be provided
from each building entrance/exit along expected paths of pedestrian
travel, such as but not limited to access to parking lots, driveways,
other buildings on the site and across common yard spaces between
buildings where pedestrian traffic can be expected to be concentrated.
Plans shall be accompanied by cross sections of streets, aisles, lanes,
curbing and driveways which shall adhere to applicable requirements
of this chapter and applicable design standards of the Borough's Subdivision
Ordinance.[1]
Q.
Existing and proposed buffer areas and landscaping
shall be shown on the plan. The landscaping plan, including seeded
and/or sodded areas, grading, retaining walls, fencing, signs, recreation
areas, shrubbery, trees and buffer areas shall be in accordance with
applicable requirements of this chapter and all other applicable Borough
ordinances. These plans shall show the location and type of any man-made
improvements and the location, species and caliber of plant material
for all planted and landscaped areas.
R.
The proposed location of all drainage, sewage and
water facilities with proposed grades, sizes, capacities and types
of material to be used, including any drainage easements acquired
or required across adjoining properties. Such plans shall be reviewed
by the Planning Board Engineer with recommendations to the approving
authority. Proposed lighting facilities shall be included, showing
the direction and reflection of the lighting.
S.
Such other information or data as may be required
by the approving authority in order to determine that the details
of the site plan are in accordance with the standards of the Borough
of Lavallette and all other general laws.
T.
Design load.
(1)
The design load shall be provided which shall include
all information necessary, including, if applicable, the number, design,
nature and location of tables, chairs, stools and other seating; number,
nature and location of doors and other means of ingress and egress
in order for the Planning Board and/or officials to determine permissible
occupancy loads for the subject site.
(2)
The aforesaid design load information shall be provided
to the office of the Ocean County Fire Marshal and the appropriate
Lavallette Construction Official and such other offices and purposes
as the Lavallette Planning Board may from time to time require, simultaneously
with the submission of the site plan application.
(3)
A site plan application shall not be deemed complete
until a designated occupancy load based upon the applicable fire and
other codes and provided by the appropriate official is filed with
the Borough of Lavallette Planning Board.
The approving authority, when acting upon an
application for preliminary site plan approval, may grant such exceptions
from the preliminary site plan details and design and performance
standards set forth in this chapter or any other ordinance of the
Borough as may be reasonable and within the general purpose and intent
of the provisions for site plan review and approval if the literal
enforcement of one or more of said provisions will result in exceptional
practical difficulties to or exceptional and undue hardship to the
applicant because of peculiar conditions pertaining to the land in
question.
A.
Any person who desires to obtain approval of a site
plan or subdivision may request to be scheduled at a conference meeting
of the Planning Board for an informal discussion of the proposed development.
The purpose of the informal discussion shall be to review overall
development concepts to assist the applicant in preparing the submission.
No decisions will be made and no formal action will be taken as a
result of an informal discussion.
B.
An informal submission of a site plan shall include
sufficient basic data to enable the Planning Board and the applicant
to comment upon design concepts such as building location, ingress
and egress, parking, major natural features that will have to be recognized
or may influence certain design criteria, and the applicant's basic
intent for water, sewerage, and storm drainage facilities. Informal
submissions are sketches to scale of possible plan(s) for the development
of an area. They are not binding on the Borough nor upon the developer
and do not necessitate accurate engineered drawings.
A.
Submission requirements. All applications for development shall be submitted in triplicate and shall be accompanied by at least 12 copies of the required plat maps and supporting attachments, exhibits and information. The Administrative Officer shall not accept applications for development unless the required fees accompany them as set forth in Chapter 37, Land Use Procedures.
B.
Administrative review. Upon receipt of an application
for development, the Administrative Officer shall review the application
for compliance with submission requirements, plat details and supporting
exhibits and information. Upon completion of the review, the Administrative
Officer shall also, upon receipt of an application for development
for a site plan, subdivision and/or conditional use, forward one copy
each of the application, plat and attachments to the Planning Board
Engineer.
C.
Engineering review. The Planning Board Engineer shall
review applications for development for site plans and conditional
uses and shall advise the Administrative Officer and the applicant
of any technical deficiencies, required changes and/or recommended
changes. Twelve copies of revised plans and attachments that correct
all deficiencies, incorporate all required changes and satisfactorily
consider all recommended changes shall be submitted to the Administrative
Officer for further review.
D.
Certificate of completeness. When all submission requirements
have been fulfilled and, in the case of site plans and conditional
uses, when reports have been received from the Planning Board Engineer
that the plans and attachments submitted are in technical compliance,
the Administrative Officer shall issue a certificate (or letter) of
completeness and schedule the application for development for public
hearing before the Planning Board.
E.
Conditional approvals.
(1)
After issuance of a certificate of completeness, all
applications for development shall be acted upon by the Planning Board
within the time limits set forth within this chapter, or within such
further time as may be consented to by the applicant. If required
approvals from other government agencies have not been received prior
to Planning Board approval of an application for development, such
approval shall be conditional upon the subsequent approval or approvals
by the other government agencies unless the applicant shall request
that such approval be withheld until the approval or approvals from
the other government agencies have been received.
(2)
If approval is granted conditioned upon the subsequent approval of another government agency and such government agency requires revisions in the plat which alter the layout and/or design standards approved by the Planning Board, to an extent that the Administrative Officer determines that the basis upon which the approval was granted has been changed, the applicant shall be required to receive revised approval from the Planning Board and pay the fees for such revised approval set forth in Chapter 37.
F.
Planning Board action. In acting upon an application
for development for a site plan, the Planning Board shall consider
whether the submittal complies to the following standards and regulations:
(1)
The proposed use is consistent with the Master Plan.
(2)
The plat submission contains all of the information
and data required by this chapter.
(3)
The details and improvement standards of the plat
are in accordance with the standards of this chapter.
(4)
Adequate provision is made for safe and convenient
vehicular traffic access, circulation and parking.
(5)
Adequate provision is made for safe and convenient
pedestrian circulation.
(6)
Ingress and egress for the site will not unduly impede
or obstruct the flow of traffic on public streets.
(7)
Adequate provision has been made to meet the stormwater management requirements as outlined in Chapter 55B and any drainage facilities have been approved by the Planning Board Engineer.
[Amended 10-20-2008 by Ord. No. 2008-24 (1052)]
(8)
Adequate provision has been made to screen adjoining
residential properties from any adverse effects that might result
from outdoor lighting, buildings, parking areas, refuse storage areas,
recreation areas, equipment areas, bulk storage areas or similar utilities
or structures located on the site.
(9)
Adequate provision has been made for compliance with
the performance standards of this chapter.
(10)
Adequate provision has been made to provide
structures and uses of a quality and design that will not produce
adverse effects on existing developments in the surrounding area in
the Master Plan.
(11)
The proposed development is compatible with
approved site plans for adjacent and nearby parcels of land.
(12)
Access to the proposed development conforms
to the standards of the State Highway Access Management Code adopted
by the Commissioner of Transportation under Section 3c of the State
Highway Access Management Act, P.L. 1989, c. 32, N.J.S.A. 27:7-91,
in the case of a state highway or with the standards of any access
management code adopted by the county or Borough.
(13)
In the official resolution approving the design
layout of any development application, the Planning Board shall make
a specific finding that the proposed lot(s) shown on the development
plat are suitable and usable for the intended purpose, and that each
proposed lot contains sufficient area to accommodate the proposed
building or buildings, proposed accessory structures, proposed driveways
and parking, the proposed connections to the water supply and sewage
disposal system, as well as to provide adequate space for all front,
side and rear yard setbacks required by the Zoning Ordinance. The
Planning Board shall also make a specific finding that the development
application being approved does not require variance, conditional
use approvals, plan-design waivers, or relief from any other ordinance
requirement, nor does it violate the terms or conditions imposed upon
the subject property as a part of any earlier development approval.
(14)
If the Planning Board finds that one or more
of the proposed lots do not comply with the foregoing standards, then
the design layout of the development shall not be approved, and the
applicant shall be directed to submit a revised design layout. The
official findings of the Planning Board shall be the reasons for the
finding of unsuitability, making reference to specific provisions,
terms or conditions imposed by earlier development approval resolutions,
or the Land Development Ordinance,[1] or any other local ordinances or of any law of the State
of New Jersey that forms part of the basis for the denial of approval.
(15)
Reinforced concrete aprons shall be constructed
at all driveways between the concrete curb and the concrete sidewalk.
Such aprons shall be six inches thick for residential uses and all
drives to parking areas of less than 50 spaces and eight inches for
all other uses and shall be reinforced with welded wire fabric or
an equivalent approved by the Borough Engineer. The width of the apron
at the curbline shall be not less than the width of the driveway plus
sufficient space for turning radii, but not less than 12 feet.
(16)
At each driveway without curb return radii,
the concrete curb and gutter shall be depressed to form a driveway
opening. The depression shall be equal in length to the width of the
driveway, but not less than 12 feet. At driveways with curb return
radii, the curb depression shall accommodate the exterior limits of
the radii. The depression shall be smoothly formed to maintain a lowered
curb face across the depression of no more than 1 1/2 inch. The
bottom of the curb shall be lowered to maintain full curb depth across
the depression.
(17)
Storm sewers; drainage.
[Amended 10-20-2008 by Ord. No. 2008-24 (1052)]
(b)
Storm sewers shall be designed in accordance
with accepted engineering practices and be subject to the approval
of the Borough Engineer.
(c)
Pipes shall be considered "flowing full" at
maximum capacity.
(d)
The minimum design velocities at the flowing
full condition shall be a minimum of two feet per second and a maximum
of 10 feet per second. Drainage inlets are to have a concrete invert
with pipes cut flush with walls. Inlets shall be self cleaning under
low flow conditions.
(e)
All transitions in slope, horizontal direction,
and change in pipe size shall be confined to manholes, catch basins
or similar accessible structures.
(18)
Where appropriate, provision shall be made for
sanitary sewage in the Borough's sanitary sewer system and/or Dover
Municipal Utility Authority's sewer and treatment facility, and shall
be adequate for all present and probable future development. Sanitary
sewers shall be installed and connected in accordance with all sanitary
sewer ordinances of this Borough and its Board of Health, now or hereafter
adopted, and with the rules and regulations, where applicable, of
the Ocean County Utility Authority and New Jersey Department of Environmental
Protection.
(19)
Utilities shall be installed in accordance with
the rules and regulations of the Water and Electric Utilities of the
Borough of Lavallette and, where appropriate, the Board of Public
Utilities (BPU) or other utility corporations involved.
(20)
Appropriate street lighting shall be installed
where recommended by the Planning Board and approved by the Borough
Mayor and Council.
(21)
Monuments of the size and shape required by
Chapter 141 of the Laws of New Jersey of 1960, as amended and supplemented,
shall be placed in accordance with said statute.
(22)
No soil shall be removed from the site or used
as spoil. Soil moved during the course of construction shall be redistributed
over all areas of the site.
(23)
The proposed system of water supply shall be
shown and shall be one of two types: either by the Lavallette Water
Utility, or, in the event the development is in an area other than
that served by the Lavallette Utility, by a water company operating
under the Board of Public Utilities (BPU).
Preliminary approval shall confer upon the applicant
the following rights for a two-year period from the date of the preliminary
approval:
A.
That the general terms and conditions on which preliminary
approval was granted shall not be changed, including but not limited
to:
(1)
Use requirements; and
(2)
Layout and design standards for streets, curbs and
sidewalks;
(3)
Lot size, yard dimensions and on-site and off-tract
improvements;
(4)
Any requirements peculiar to site plan approval; except
that nothing herein shall be construed to prevent the Borough from
modifying by ordinance such general terms and conditions of preliminary
approval as related to public health and safety.
B.
That 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 plat.
C.
That the applicant may apply for and the Planning
Board may grant extensions on such preliminary approval for additional
periods of 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.
The final site plan plat shall include all data required on the preliminary site plan plat, drawn to incorporate all changes required as a condition of preliminary approval. The information and design on the final site plan plat shall be in final design condition. Applicants shall follow the same procedures as prescribed in § 53A-11A through E. Submission of the final plat shall be accompanied by final plans and other relevant supporting materials, including the following:
A.
Plans, profiles and cross sections, as appropriate,
for all new streets including all utilities and street improvements;
public utility easements, sanitary sewer plans, site grading and drainage,
including detail plans for stormwater detention facilities, as approved
by the Planning Board Engineer. Where such drainage enters the bay,
approvals by the State Department of Environmental Protection must
also be included.
B.
Copies of proposed deeds of conveyance for all new
streets, sight triangles, easements, recreation parcels and/or other
land restrictions.
C.
Design calculations for new sanitary sewerage and
storm drainage facilities, signed, dated and sealed by the responsible
project engineer.
Upon final approval of a site plan, the Chairman
and Secretary of the approving authority shall sign the Mylar original
and one paper print. The signed Mylar original shall be filed with
the Secretary to the Planning Board, and the paper print shall be
retained by the approving authority for its files. Immediately upon
final approval, the Secretary of the Planning Board shall forward
a copy of the approved final site plan to the Borough Tax Assessor,
the Tax Collector, Construction Official and the Zoning Officer, respectively.
Any development shall demonstrate conformance
to design standards that will encourage sound development patterns
within the Borough. Where either an Official Map or Master Plan has
been adopted, the development shall conform to the proposals and conditions
shown thereon, and shall conform to the following:
A.
The applicant has submitted a complete site plan containing
all of the information and data as provided for in this chapter.
B.
The details of the site plan are in accordance with
the standards of the Zoning Ordinance,[1] Land Use Ordinance,[2] Subdivision Ordinance,[3] Stormwater Management Ordinance[4] and any and all other ordinances of the Borough, which
may be in existence at the time of the application and in harmony
with the officially adopted Comprehensive Master Plan of the Borough.
[Amended 10-20-2008 by Ord. No. 2008-24 (1052)]
C.
All parking and traffic problems shall be kept at
a minimum by the use of engineering design features, such as acceleration
and deceleration lanes, adequate signage, markings, etc.
D.
Adequate provisions are made to prevent drainage problems
and to provide adequate water supply, drainage, shade trees, sewerage
facilities and other utilities necessary for essential services to
residents and occupants of the property subject to the application.
E.
All playgrounds, parking and service areas are reasonably
screened from view of adjacent properties and streets at all seasons
of the year where necessary for the purpose of protecting the health,
safety, general welfare, comfort and convenience of the public.
F.
The location, power, directions and time of any proposed
outdoor lighting will not have an adverse effect upon any properties
in any adjoining residential districts by impairing the established
character or potential use of the properties in such districts.
G.
The details of the site plan for the authorized use
will be such that the operation will not offend the public interest.
H.
Should a parking lot be required for any site plan,
the parking lot shall have a minimum pavement of six inches of gravel,
two inches of stabilized base course pavement and one inch of top
course pavement. Land which the Planning Board finds to be in areas
identified in the Natural Resources Inventory as having severe or
moderate soil characteristics, particularly as the land relates to
flooding, improper drainage, soil conditions, land subject to CAFRA
regulations, marshland, utility easements, or other features that
can reasonably be expected to be harmful to the health, safety and
general welfare of the present or future inhabitants of the development,
and/or its surrounding areas, shall not be subdivided, and site plans
shall not be approved unless adequate and acceptable methods are formulated
by the developer to solve the problems by methods meeting this chapter
and all other regulations.
I.
Whenever a development abuts or crosses a municipal
boundary, access to those lots within this Borough shall be from within
this Borough as a general rule. Whenever access to a development is
required across land in an adjoining community as the exception, the
Planning Board may require documentation that such access is legally
established, and that the access road is adequately improved.
J.
Every property in the B-1 and B-2 Districts shall
have concrete walks and pavers in accordance with the recommendation
of the streetscape plan adopted by the Planning Board. Sidewalks shall
be provided with score joints and expansion joints and shall be constructed
according to the then-current New Jersey State Department of Transportation
Specifications. Sidewalks shall be designed to allow for drainage
into landscaped areas where practical.
[Amended 10-20-2008 by Ord. No. 2008-24 (1052)]
K.
Reinforced concrete aprons shall be constructed at
all driveways between the concrete curb and the concrete sidewalk.
Such aprons shall be six inches thick for residential uses and all
drives to parking areas of less than 50 spaces and eight inches for
all other uses and shall be reinforced with welded wire fabric or
an equivalent approved by the Borough Engineer. The width of the apron
at the curbline shall be not less than the width of the driveway plus
sufficient space for turning radii, but not less than 12 feet.
L.
At each driveway without curb return radii, the concrete
curb and gutter shall be depressed to form a driveway opening. The
depression shall be equal in length to the width of the driveway,
but not less than 12 feet. At driveways with curb return radii, the
curb depression shall accommodate the exterior limits of the radii.
The depression shall be smoothly formed to maintain a lowered curb
face across the depression of no more than 1 1/2 inch. The bottom
of the curb shall be lowered to maintain full curb depth across the
depression.
M.
Storm sewers; drainage.
[Amended 10-20-2008 by Ord. No. 2008-24 (1052)]
(2)
Storm sewers shall be designed in accordance with
accepted engineering practices and be subject to the approval of the
Borough Engineer.
(3)
Pipes shall be considered "flowing full" at maximum
capacity.
(4)
The minimum design velocities at the flowing full
condition shall be a minimum of two feet per second and a maximum
of 10 feet per second. Drainage inlets are to have a concrete invert
with pipes cut flush with walls. Inlets shall be self cleaning under
low flow conditions.
(5)
All transitions in slope, horizontal direction, and
change in pipe size shall be confined to manholes, catch basins or
similar accessible structures.
N.
Where appropriate, provision shall be made for sanitary
sewage in the Borough's sanitary sewer system and/or Dover Municipal
Utility Authority's sewer and treatment facility, and shall be adequate
for all present and probable future development. Sanitary sewers shall
be installed and connected in accordance with all sanitary sewer ordinances
of this Borough and its Board of Health, now or hereafter adopted,
and with the rules and regulations, where applicable, of the Ocean
County Utility Authority and New Jersey Department of Environmental
Protection.
O.
Utilities shall be installed in accordance with the
rules and regulations of the Water and Electric Utilities of the Borough
of Lavallette and, where appropriate, the Board of Public Utilities
(BPU) or other utility corporations involved.
P.
Appropriate street lighting shall be installed where
recommended by the Planning Board and approved by the Borough Mayor
and Council.
Q.
Monuments of the size and shape required by Chapter
141 of the Laws of New Jersey of 1960, as amended and supplemented,
shall be placed in accordance with said statute.
R.
No soil shall be removed from the site or used as
spoil. Soil moved during the course of construction shall be redistributed
over all areas of the site without creating drainage problems in the
neighborhood.
S.
The proposed system of water supply shall be shown
and shall be one of two types: either by the Lavallette Water Utility,
or, in the event the development is in an area other than that served
by the Lavallette Utility, by a water company operating under the
Board of Public Utilities (BPU).
T.
Buffers. Solid fences, six feet in height, or buffers
are required along lot and street lines of all nonresidential lots
where said property lines abut residential uses or residential zoning
district lines. Each permitted use shall provide and maintain attractively
landscaped grounds and suitable screening in order to safeguard the
character of adjacent districts. The width of the buffer area for
each particular zoning district shall be prescribed by the Planning
Board. Buffer areas shall be measured horizontally and shall be either
perpendicular to straight lot and street lines or radial to curved
lot and street lines. Buffer areas shall be maintained and kept clear
of all debris, rubbish, weeds and tall grass. No structure, activity,
storage of materials or parking of vehicles shall be permitted in
the buffer area, and all buffer areas shall be planted and maintained
with grass or ground cover, together with a dense screen of trees,
shrubs or other plant materials meeting the following requirements:
(1)
Plant materials used in screen planting shall be at
least four feet in height when planted and shall be of such density
that all the glare of automobile headlights emitted from the premises
is obscured throughout the full course of the year. The plant materials
shall be of a species common to the area, shall be of nursery stock
and shall be free of insects and disease.
(2)
Buffer areas shall be permanently maintained, and
plant material which does not live shall be replaced within one year
or one growing season.
(3)
The screen planting shall be so placed that at maturity
the plant material will be no closer than three feet from any street
or property line.
(4)
The buffer area shall not be broken unless specifically
approved by the approving authority.
U.
Electric or electronic equipment shall be shielded
so that there is no interference with any radio or television reception
at the lot line or beyond the operator's dwelling unit, in the case
of multifamily dwellings.
V.
Exterior lighting shall be shielded, buffered and
directed so that glare, direct light or reflection will not become
a nuisance to adjoining properties, adjoining dwelling units, adjoining
districts or streets.
W.
The sound level of any operation (other than the operation of motor vehicles or other transportation facilities on public highways, operations involved in the construction or demolition of structures or emergency alarm signals or time signals) shall not exceed the levels and operations as specified within Chapter 43, Noise.
X.
No materials or wastes shall be deposited upon a lot
in such form or manner that they may be transferred off the lot by
natural causes or forces, nor shall any substance which can contaminate
a stream, watercourse or underground aquifer or otherwise render such
a stream, watercourse or underground aquifer undesirable as a source
of water supply or recreation, or which will destroy aquatic life,
be allowed to enter any stream, watercourse or underground aquifer.
All materials or wastes which might cause fumes or dust or which constitute
a fire or explosion hazard or which may be edible or otherwise attractive
to rodents or insects shall be stored indoors and enclosed in appropriate
containers adequate to eliminate such hazards.
Y.
All business establishments shall have a facility
for the storage and pickup of approved materials for recycling.
A.
No final plat shall be approved by the approving authority
until all required on-site and off-site improvements, including but
not limited to those improvements set forth in the Borough of Lavallette
Subdivision Ordinance,[1] as amended and supplemented, have been installed, inspected,
certified and approved by the Borough Engineer and accepted by the
governing body and a maintenance guaranty has been filed and accepted
by the governing body in accordance with the requirements of this
chapter, or their installation shall have been provided for by a performance
guaranty accepted and approved by the governing body in accordance
with the requirements of this chapter.
B.
The performance guaranty shall consist of a performance
bond in a form approved by the Borough Attorney, in which the applicant
shall be principal and an acceptable surety company licensed to do
business in the State of New Jersey shall be surety, or cash or a
certified check which shall be deposited with the Borough of Lavallette
by payment to the Municipal Treasurer.
C.
The total performance guaranty shall consist of a
performance bond in a form approved by the Borough Attorney, in which
the guaranty shall be an amount equal to 120% of the estimated cost
of the necessary improvements as determined by the Borough Engineer.
Ninety percent of this total shall be in cash, certified check or
surety bond of a bonding company approved by the governing body. The
remaining 10% shall be in cash and shall be deposited with the Borough
of Lavallette by payment to the Municipal Treasurer.
D.
Performance guaranties shall run for a term not to
exceed 18 months; provided, however, that such guaranties, with the
consent of the principal and surety, if any, may be extended by the
governing body by resolution for an additional period of not to exceed
18 months.
E.
At least one week prior to the beginning of construction
or installation of any required improvements, the developer shall
notify the Borough Engineer in writing of the developer's intention
to commence such work. All improvements shall be inspected during
the time of their installation by the Borough Engineer or his designee
to ensure satisfactory completion, and no underground installation
shall be covered until inspected by the Borough Engineer or his designee.
The cost of all inspections shall be the responsibility of the developer,
and he shall deposit the necessary inspection fee with the Planning
Board Secretary upon making application for final approval under this
chapter or prior to the start of any construction, whichever shall
first occur. The inspection fee shall be in addition to the amount
of any required performance or maintenance guaranty and shall consist
of 5% of the estimated cost of the improvements to be constructed
as determined by the Borough Engineer. This fee shall be held in a
separate escrow account by the Borough and used to pay the cost of
inspecting the construction. It shall be the obligation of the developer
to pay for the actual cost of inspecting the construction. Any excess
money shall be remitted to the developer upon approval of all improvements
as provided herein. Any additional inspection costs shall be paid
by the developer prior to the approval of the improvements by the
governing body, as provided for herein.
F.
After completing the construction of the improvements
covered by the performance guaranty, the developer shall make application
to the governing body in writing by certified mail addressed to the
Borough Clerk, with a copy sent by certified mail to the Borough Engineer
for final inspection of such improvements. The Borough Engineer shall,
within 30 days after his receipt of said application, inspect the
improvements in question and report in writing to the governing body
indicating approval, partial approval or rejection of the improvements
with a statement of reasons for any rejection. If partial approval
is indicated, the cost of the improvements rejected shall be set forth.
G.
The governing body shall either approve, partially
approve or reject the improvements on the basis of the report of the
Borough Engineer and shall notify the developer in writing, by certified
mail, of the contents of said report and the action of the approving
authority not later than 65 days after receipt of the notice from
the developer of the completion of the improvements. Where partial
approval is granted, the obligor shall be released from all liability
pursuant to its performance guaranty, except for that portion adequately
sufficient to secure provision of the improvements not yet approved.
Failure of the governing body to send or provide such notification
to the obligor within 65 days shall be deemed to constitute approval
of the improvements, and the obligor and surety shall be released
from all liability pursuant to said performance guaranty.
H.
If any portion of the required improvements is rejected,
the approving authority may require the obligor to complete such improvements
and, upon completion, the same procedure of notification, as set forth
in this section, shall be followed.
I.
The approval of any plat under this chapter by the
approving authority shall in no way be construed as an acceptance
of any street, drainage system or other improvement required by this
chapter, nor shall such plat approval obligate the Borough Lavallette
in any way to maintain or exercise jurisdiction over such street and
drainage system or other improvement. Acceptance of any street, drainage
system or other improvement shall be implemented only by favorable
action of the governing body.
No improvement shall be accepted, approved or
partially approved by the governing body unless and until all of the
following conditions have been met:
A.
The Borough Engineer shall have certified in writing
that the improvement is complete and that it complies fully with the
requirements of this chapter and all other applicable laws and ordinances.
B.
A maintenance guaranty is posted with the governing
body for a period of two years after final acceptance of the improvement
in an amount equivalent to 15% of the cost of the improvement, as
determined by the Borough Engineer. In the event that other governmental
agencies or public utilities automatically will own the utilities
to be installed or where the improvements are covered by a performance
or maintenance guaranty to another governmental agency, no performance
or maintenance guaranty, as the case may be, shall be required by
the Borough for such utilities or improvements.
If any section, subsection, sentence, clause,
phrase or portion of this chapter is for any reason held invalid or
unconstitutional by a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision, and
such holding shall not affect the validity of the remaining portions
hereof.
A.
Except as may be specifically set forth in this chapter,
any and all other ordinances or parts thereof in conflict or inconsistent
with any of the terms of this chapter are hereby repealed, but only
to the extent that they are so in conflict or inconsistent.
