The final site plan/subdivision plat is to serve as a complete, thorough and permanent public record of the proposed development and the manner in which it is to be developed. The final plan or plat is intended only to add detail to and to put in final form the information contained in the preliminary site plan/subdivision plat and shall conform to the preliminary plan or plat in all respects. It shall incorporate all prior approved plans and all approved modifications thereof resulting from the site plan/subdivision plat process and shall be responsive to and in compliance with all conditions imposed on prior approvals.
[1]
Editor's Note: Former § 163-110, Preapplication submission of engineering plans, was repealed 6-15-1988 by Ord. No. 1-1988.
A. 
Upon approval of the preliminary site plan or subdivision plat and within the time limits established in § 163-107 above, the applicant may submit an application for final plan or plat approval.
B. 
Applications for approval of a final site plan/subdivision plat shall be submitted to the Land Use Administrator in such number of duplicate copies as he may from time to time require. A nonrefundable application fee and, when required, an escrow fee, as established pursuant to Part 1, Article III, of this chapter to help defray administrative costs, shall accompany each application.
[Amended 6-15-1988 by Ord. No. 1-1988]
C. 
The application may include the entire area included in the approved preliminary plan or plat or one or more stages or units thereof in accordance with a staging plan approved as part of the preliminary plan or plat. The application shall add necessary detail to and put in final form the information contained in the approved preliminary plan or plat and shall conform to the approved preliminary plan or plat and all conditions imposed on such approval in all respects.
D. 
The application shall be in such form and shall contain such information and documentation as shall be prescribed from time to time by the Land Use Administrator, but shall in all instances contain at least the following information and documentation, which information and documentation, taken together, shall constitute a final site plan/subdivision plat:
(1) 
The applicant's name and address and his interest in the subject property.
(2) 
The owner's name and address, if different than the applicant, and the owner's signed consent to the filing of the application.
(3) 
The street address and legal description and a location map of the property for which final plan or plat approval is sought.
(4) 
The date on which preliminary approval was granted by the City and, if required, by Atlantic County and a copy of the resolution or resolutions granting such approval or approvals.
(5) 
A final version of the preliminary plan or plat required in § 163-97C(21) above, and containing any revisions required as a condition of preliminary plan or plat approval. In addition to the blue or black line paper prints of such plan or plat required to be included as part of the application, the applicant shall submit either an original black ink drawing or a good quality reproduction copy on translucent tracing cloth or its equivalent and a cloth print duplicate thereof. Such cloth copies shall be suitable for recording, shall comply in all respects with the New Jersey Map Filing Law[1] and shall contain all signatures, seals, certificates and acknowledgments, other than those to be affixed by the City and county as a result of final approval, necessary to effect dedications and to permit recording.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
(6) 
Engineering plans, specifications and cost estimates.
[Amended 6-15-1988 by Ord. No. 1-1988]
(7) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(7), regarding legends on final site plans or subdivision plats, was repealed 6-15-1988 by Ord. No. 1-1988.
(8) 
A tabulation for the stage or unit of the development being proposed for final approval of the following information:
(a) 
The total number of dwelling units and rooming units proposed, by type of structure and number of bedrooms.
(b) 
The total square feet of building floor area proposed for commercial uses, for resort uses and for industrial uses, by general type of use.
(c) 
The proposed number of off-street parking and loading spaces for each proposed type of land use.
(d) 
The total land area, expressed in square feet and as a percent of the total development area, proposed to be devoted to residential uses, by type of structure; commercial uses; resort uses; industrial uses; public and private open space; streets; off-street parking and loading areas; pedestrian circulation elements; and miscellaneous impervious areas.
(9) 
Copies of all required easements, declarations and covenants to be recorded upon final approval.
(10) 
Copies of all declarations, covenants and bylaws necessary to establish, activate and govern any entity that is to be responsible for the management and maintenance of any private common open space or facility.
(11) 
Copies of all pre-construction permits and approvals required from any federal or state agency or, for any required permit not yet secured, a copy of the application as filed and a statement of its current status or a statement explaining why an application has not been filed and indicating when it will be filed.
(12) 
Detailed landscaping plans and cost estimates.
(13) 
Elevation drawings of all structures.
(14) 
A statement summarizing all changes which have been made in or have occurred with respect to any document, plan, data or information previously submitted, together with revised copies of any such document, plan or data.
(15) 
Forms in easements and deeds to be executed upon final plan approval necessary to convey any easements, rights-of-way or other lands or interests in lands to be conveyed or dedicated to any governmental agency or public utility.
(16) 
Forms of the performance guaranty and maintenance guaranty to be submitted pursuant to § 163-136 of this Part 5, upon final plan approval and of any other performance or maintenance guaranties required to ensure installation and completion of the entire development or any specific portion of it or the future provision and improvement of common open space or facilities.
(17) 
A certificate signed by the City Tax Collector certifying that no taxes or assessments are due or delinquent on the subject property.
[Amended 6-15-1988 by Ord. No. 1-1988]
(18) 
Such other and further information as the Planning Board shall find necessary to a full consideration of the entire proposed development or any stage or unit thereof.
A. 
Upon receipt of an application for final site plan/subdivision plat approval, the Land Use Administrator and the City Engineer shall review it for completeness and compliance with the provisions of this chapter and shall promptly notify the applicant, in writing, of any deficiency either in the application or the required fee. Unless the applicant is informed, in writing, by the Land Use Administrator within 45 days following the actual submission of the application that it is deficient, the application shall be deemed complete as of the date it was submitted.
[Amended 6-15-1988 by Ord. No. 1-1988]
B. 
Upon determining that the application is complete, the Land Use Administrator shall retain sufficient copies of the application for his review and files and shall distribute duplicate copies of the application as follows:
(1) 
To the members of the Planning Board.
(2) 
To the City Engineer.
(3) 
To the City Tax Assessor.
(4) 
To the City Health Officer.
(5) 
To the City Fire Protection Subcode Officer.
(6) 
To the City Construction Official.
(7) 
To such other officials of the City as the Land Use Administrator may consider appropriate.
(8) 
To such consultants of the City as the Planning Board may direct.
(9) 
Where required by § 163-199B of this chapter, to the Atlantic County Planning Board.
[Amended 6-15-1988 by Ord. No. 1-1988]
Prior to the final date for Planning Board action pursuant to § 163-115 below, the Land Use Administrator and each City official or consultant to which the application has been referred shall file a written report with the Planning Board, setting forth recommendations with respect to the grant or denial of such application and findings as to the lack of compliance of the proposed development with applicable federal, state, county or City law, ordinance, regulation, plan or program and any adverse effects of the proposed development on those aspects of the general health, safety and welfare of the community for which such official or consultant has special responsibility. One copy of each such report shall be filed with the Land Use Administrator and made available to the applicant and other interested persons pursuant to § 163-198J of this Part 5.
[1]
Editor's Note: Former § 163-114, Priority for specified applications, was repealed 6-15-1988 by Ord. No. 1-1988.
A. 
Within the time limits established by Subsection B below and subject to the provisions of § 163-199 of this chapter, the Planning Board shall render its decision, in the manner and form specified by § 163-23 of this chapter, either granting the application for final site plan/subdivision plat approval; granting it subject to conditions, as specified in § 163-117 below; or denying the application. Approval of the final plan or plat shall be evidenced by the signature thereon of the Land Use Administrator or his designee, which shall not, however, be affixed until the applicant has posted the guaranties required by § 163-136 hereof. The failure of the Board to act within the time limits established by Subsection B below or such longer period of time as may be agreed to by the applicant shall be deemed an approval of the application, and a certificate evidencing such failure shall be issued, upon written request of the applicant and the posting of guaranties as required by § 163-136, by the Land Use Administrator. Said certificate shall be sufficient, in lieu of the written endorsements herein required, and shall be so accepted by the Atlantic County Recording Officer for purposes of filing site plans and subdivision plats. The date the plat or plan is signed or, where the Board fails to act, the date the Land Use Administrator issues a certificate shall be the date of final approval.
[Amended 6-15-1988 by Ord. No. 1-1988]
B. 
The Planning Board shall act on an application for final site plan/subdivision plat approval within the following time periods:
(1) 
For developments requiring planned development, conditional use or variance approval, within the time allowed for such approval if longer than the time allowed pursuant to the following subsection.
(2) 
For all other developments, within 45 days following submission of a complete application.
No application for final site plan/subdivision plat approval shall be granted unless the Planning Board shall find that, based on the information presented to it, the proposed development and the final plan/plat are in compliance with each of the standards established for site plan/subdivision plat approval pursuant to §§ 163-127 through 163-133 hereof.
In granting approval of a final site plan/subdivision plat, the Planning Board may impose such restrictions and conditions upon the approval, the proposed development or the subject property as may be necessary, in its opinion, to achieve the purposes of this chapter and the site plan/subdivision plat approval process; to ensure the compliance of the proposed development with the standards established pursuant to §§ 163-127 through 163-133; and to prevent or minimize any adverse effects of the proposed development upon properties in the neighborhood and upon the general health, safety and welfare of the entire community. Every final plan/plat approval shall be conditioned upon the applicant's strict compliance with all the terms, restrictions and conditions of the approved final plan/plat and upon the applicant's continuing compliance with all applicable laws, ordinances and regulations. All conditions imposed upon any final plan/plat approval, except to the extent made applicable to all such approvals by the terms of this chapter, shall be expressly set forth in the resolution granting such approval. The violation of any condition upon any such approval shall be a violation of this chapter and shall be sufficient basis fur revoking final site plan/subdivision plat approval and for denying any further approval or permit required pursuant tin this chapter or any other ordinance of the City of Atlantic City.
[Amended 6-15-1988 by Ord. No. 1-1988]
Within 10 days following the final disposition of an application for final site plan/subdivision plat approval or the expiration, without decision, of the time specified in § 163-115B above, the Land Use Administrator shall publish notice and mail notice thereof to all parties entitled thereto as provided by § 163-200 of this chapter. Notice to the applicant shall include a provision informing the applicant that properly signed and approved copies of the final plan/plat as necessary for Atlantic County review and for recording may be obtained upon submission of the guaranties required by § 163-136 hereof and presentation of proof of recording, prior to the sale of any property to be subject to them, of any documents, easements, restrictions or covenants required to be recorded as a condition of final approval.
[1]
Editor's Note: Former § 163-119, Action by applicant, and former § 163-120, Affidavit of compliance with conditions, were repealed 6-15-1988 by Ord. No. 1-1988.
[Amended 6-15-1988 by Ord. No. 1-1988]
The applicant shall, within 95 days following the date of final approval, pursuant to § 163-115A of this chapter, file the subdivision plat with the county recorder. The Planning Board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of final approval. If the applicant fails to record the plat or plan within the prescribed time, final approval shall expire.
A. 
Unless an applicant shall fail to comply with any condition or provision of this chapter or any approval granted pursuant to it, all rights conferred upon the applicant pursuant to a final plan/plat approval granted in accordance with the provisions of this chapter, whether conditionally or otherwise, shall not be changed for a period of two years or such longer period as may be established pursuant to the provisions of Subsection B below after the date of said final approval, provided that in the case of a major subdivision, the rights so conferred shall expire if the plat has not been duly recorded within the time period provided in § 163-121 of this chapter. If the developer has followed the standards prescribed for final approval and has duly recorded the plat, the Planning Board may, upon written request of the applicant, extend such period of protection for up to one year; provided, however, that not more than three such extensions shall be granted, except pursuant to the provisions of Subsection B below.
[Amended 6-15-1988 by Ord. No. 1-1988]
B. 
In the case of a site plan/subdivision plat for a planned development of 50 acres or more or a conventional site plan/subdivision plat for 150 acres or more, the Planning Board may extend the original period during which rights conferred pursuant to a final approval shall not be changed for such period of time, longer than two years, as it shall determine to be reasonable, taking into consideration the number of dwelling units and the nonresidential floor area permissible under the final approval, economic conditions and the comprehensiveness of the development. The applicant may thereafter apply for and the Planning Board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and the nonresidential floor area permissible under the final approval, the number of dwelling units and the nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.