No application for site plan/subdivision plat approval shall be granted unless the Planning Board shall find that, in addition to complying with each of the standards made applicable to site plans and subdivision plats by Articles XIX through XXV, the proposed development complies, except to the extent waived, varied or modified pursuant to the provisions of this chapter, with all of the standards and conditions applicable in the zoning district in which it is proposed to be located; complies with any special standards applicable to the particular type of development being proposed or to the particular area in which the development is proposed or to any special approvals required in connection with such a development or area; and complies with all other federal, state, county and City laws, ordinances and regulations applicable to it.
A.
General standard. No application for site plan/subdivision plat approval
shall be granted unless the Planning Board shall find, pursuant to
the provisions of this section, that the proposed use in the proposed
location is or can and will be, by reason of the developer's compliance
with conditions imposed pursuant to the provisions of this section,
adequately served by and will not impose an undue burden upon the
public improvements, sites and rights-of-way by which it will be served
or benefited or which exist or are planned for installation within
its boundaries or their immediate vicinity.
B.
Determination of necessary public improvements and special benefits.
(1)
Whenever an application for site plan/subdivision plat approval is filed with the Planning Board pursuant to Articles XIX through XXV, the Board shall determine what, if any, public improvements, whether on tract or off tract, will have to be installed, constructed, improved or rehabilitated to serve or benefit the proposed development and shall also determine whether any part of the subject property should be reserved for use as a public site or right-of-way. The Planning Board shall base its determination on the nature and scope of the proposed development; the provisions of this chapter specifically applicable to the type of development being proposed; the provisions of the Master Plan, capital improvements program, Official Map and any other plans, programs or maps adopted by or under consideration pursuant to public notice by the City or other governmental agencies having jurisdiction to guide growth and development; the provisions of this chapter and other development regulations adopted by the City or other governmental agencies having jurisdiction, with particular attention to any such provisions specifically applicable to the type of development being proposed or the area in which it is proposed and special restrictions or conditions on such developments or areas, and the studies, reports and opinions of City departments, officials and consultants having special knowledge, expertise or responsibility with respect to the development, improvements or conditions under consideration.
(2)
In determining whether the installation, construction, improvement
or rehabilitation of a public improvement is necessary to serve the
proposed development, the Planning Board shall be guided by the principle
that no new development should be allowed to utilize existing capacity
of a public improvement unless such improvement, in its existing condition
or with such improvements as have already been authorized for completion
as general improvements to be paid for out of public funds already
appropriated for the purpose, has adequate capacity to meet the full
demands that would be placed upon it if all reasonably foreseeable
public and private development planned or permitted pursuant to the
Master Plan and chapter were to occur.
(3)
In the event that the Planning Board shall determine, pursuant to Subsection B(1) above, that one or more on-site public improvements are necessary to serve the proposed development, it shall proceed, as provided in Subsection C below, to estimate the cost thereof and to require the installation of such improvements as a condition to the approval of any site plan/subdivision plat submitted to it pursuant to Article XVIII and Part 5.
(5)
In the event that the Planning Board shall determine, pursuant to Subsection B(1) above, that one or more off-tract public improvements are necessary to serve the subject development, it shall determine, as to each such improvement, whether the improvement will specially benefit only the subject property or will benefit other properties in addition to the subject property.
(6)
In the case of any such improvement that will benefit only the subject property, the Planning Board shall proceed, as provided in Subsection E below, to estimate the cost thereof and to require the installation of such improvement.
(7)
In the case of any such improvement that will benefit other properties in addition to the subject property, the Planning Board shall determine the extent to which each specially benefited property, including the subject property, is specially benefited and also the extent to which the improvement results in a general benefit not specifically attributable to any specific property and shall then proceed, as provided in Subsection F below, to estimate and apportion the cost of such improvement and to require its installation.
(8)
In determining which properties are specifically benefited by
a public improvement, the Planning Board shall be governed by the
interpretation given by the New Jersey Supreme Court to the term "special
or peculiar benefit" in N.J.S.A. 40:56-27. In apportioning the benefit
among the specially benefited properties and the general benefit,
the Planning Board shall be generally guided by the principles applicable
to the apportionment of special benefits in connection with local
improvements subject to N.J.S.A. 40:56-1 et seq.
(9)
When, in performing its duties hereunder, the Planning Board
determines that a property, other than the subject property, will
be specially benefited by an improvement to be installed as a condition
of its approval of the subject application, it shall give the owner
of each such property, as shown in the latest property tax records,
notice thereof and a reasonable opportunity to be heard thereon and
shall either delay approval of the subject application pending such
notice and hearing, or shall condition such approval to permit revisions
in its determination made pursuant to this subsection based upon information
obtained at such hearing.
(10)
In performing its duties hereunder, the Planning Board may seek
and accept the assistance of the City Engineer or such other City
officials, employees and consultants as have special knowledge or
expertise in estimating and apportioning the costs and benefits of
public improvements.
(11)
The requirements for public improvements and the developers' responsibility with respect to their provision and installation pursuant to this subsection shall be deemed to be the minimum requirements applicable to all developments requiring site plan/subdivision approval but otherwise permitted as a matter of right in the zoning district proposed. Additional requirements applicable to developments requiring certain discretionary approvals pursuant to the provisions of this chapter may be imposed pursuant to § 163-129 below.
C.
On-tract public improvements serving the subject development.
(1)
The developer of every proposed development shall be required, as a condition to the grant of any approval pursuant to Articles XIX through XXV, to provide all on-tract, whether on site or off site, public improvements to which the subject development will be connected or by which it will be served or benefited. Except as noted in Subsection C(2) below, all such improvements shall be designed, sized and installed in accordance with the Master Plan, the capital improvements program, the Official Map, this chapter, and such other plans, programs, maps and ordinances adopted by or under consideration pursuant to public notice by the City or other governmental agencies having jurisdiction to guide growth and development at the time the first application in connection with such development is filed. In the absence of any such plan, program, map or ordinance, the public improvements shall be required, designed, sized and installed in accordance with the City Engineer's determination based on good engineering practice and all available information concerning present and future needs. The cost of providing and installing such improvements shall be paid in accordance with the provisions of Subsection C(3) below.
(2)
The Planning Board may, as a condition of any approval required to be given by it pursuant to Articles XIX through XXV, require the installation of a public improvement of greater size or capacity than required by Subsection C(1) above when it deems such greater size or capacity to be necessary in light of factors not known or considered at the time the aforesaid plan, program, map or ordinance was adopted or placed under consideration. If such factors relate solely to the development under consideration, the increased cost due to installing such greater size or capacity public improvement, rather than installing the improvement as required by Subsection C(1) above, shall be paid in accordance with the provisions of Subsection C(3) below. If such factors do not relate solely to such development, such increased cost shall be paid in the same manner as provided in Subsection F below for off-tract improvements benefiting more than one tract.
(3)
Except as provided in Subsection C(2) above, it shall be a condition of every approval granted pursuant to Articles XIX through XXV that all public improvements required to be installed pursuant to this subsection shall be installed at the sole cost and expense of the developer. The City Engineer shall, as part of his review of detailed plans, specifications and cost estimates pursuant to § 163-110 of Part 3, estimate the cost of all such improvements, and the developer shall, as a condition to final plan/plat approval, provide performance and maintenance guaranties pursuant to § 163-136 of this chapter, to ensure the timely and proper installation of such improvements. The developer shall be responsible for installing all improvements required pursuant to this Subsection, and for that purpose shall engage only such properly licensed and qualified contractors and subcontractors as have been approved by the City Engineer for the type of work involved; provided, however, that where an ongoing or proposed City public improvements program offers a more efficient and orderly vehicle for installing such improvements, the Planning Board may require such improvements to be installed by the City as part of such program and require the developer to pay the cost thereof.
D.
On-tract public sites and on-tract public rights-of-way and public
improvements not serving the subject development.
(1)
Whenever the Master Plan, the capital improvements program, the Official Map or other plan, program, map or ordinance adopted, or under consideration pursuant to official notice, by the City provides for the reservation on the subject property of a public site not associated with a public improvement or for the reservation of a public right-of-way or the installation of a public improvement, which right-of-way or improvement will not serve or benefit the subject tract, the Planning Board may, pursuant to the procedure set out in Subsection D(3) below and as a condition of any approval required pursuant to Articles XIX through XXV, require such site, right-of- way or improvement to be shown on the plans or plats of the proposed development in a manner, size and location consistent with the City plan, program, map or ordinance in question and may reserve the necessary land areas for such site, right- of-way or improvement for a period of one year or such further time as may be agreed to by the developer following final site plan subdivision plat approval. Unless during such period or an agreed extension thereof the City shall have entered into a contract to purchase, or shall have instituted condemnation proceedings according to law to acquire, the fee or a lesser interest in the reserved land area, the developer shall not be bound by such reservation and may proceed to use such land for private use in accordance with applicable development regulations.
(2)
The developer shall be entitled to just compensation for the actual loss found to be caused by any temporary reservation and deprivation of use pursuant to Subsection D(1) above. Unless a lesser amount has been mutually agreed upon, just compensation shall be deemed to be the fair market value of an option to purchase the land reserved for the period of reservation, provided that determination of such fair market value shall include, but not be limited to consideration of the real property taxes apportioned to the land reserved and prorated for the period of reservation. The developer shall also be compensated for the reasonable increased cost of legal, engineering or other professional services incurred as a result of the reservation in connection with obtaining site plan/subdivision approval. The compensation payable pursuant to this subsection shall be determined in accordance with the provisions of Subsection D(3) below.
(3)
Upon submission to the Planning Board of an application for site plan/subdivision approval for a land area subject to reservation pursuant to Subsection D(1) above, the Land Use Administrator shall, in addition to the usual distribution of such application, forward a copy thereof to the City Council with a report summarizing the provisions of the City plan, program, map or ordinance, indicating the need for the reservation; providing a currant assessment of the public need for such reservation and setting forth the date upon which the Planning Board is expected to take final action on the application. Before such date, the City Council shall decide upon, and give the Planning Board notice of, one of the following courses of action to be followed.
(a)
The City shall forego the right to reserve the land area in
question, and the Planning Board shall consider the proposed development
as if no such right existed.
(b)
The City Council has, prior to the date set for final action
on the application, negotiated a price fro the acquisition of any
interests in land necessary, a program for the installation of any
public improvements and an agreement as to any incidental compensation
which may be due, and all approvals granted by the Planning Board
shall reflect such agreements.
(4)
Should the City Council fail to so notify the Planning Board, the Planning Board shall proceed as if notified in pursue the course of action set out in Subsection D(3)(a) above. Should the City Council elect to proceed pursuant to Subsection D(3)(c) above and then fail to negotiate compensation or to institute condemnation proceedings during the reservation period, the reservation shall expire and the City Council shall, within 30 days following the end of the reservation period, tender to the developer an amount considered by it to be just compensation for all compensable claims of the developer, pursuant to Subsection D(1) above, arising out of the temporary reservation. The developer shall either accept and, in writing, acknowledge his acceptance of such tender in full settlement of his claim for compensation or shall institute an appropriate action for judicial determination and enforcement of his claim.
E.
Off-tract public improvements specially benefiting only the subject
development.
(1)
The developer of every proposed development shall be required, as a condition of the grant of any approval pursuant to Articles XIX through XXV, to provide all off-tract public improvements which are necessary to serve or which benefit the subject property and which provide no special benefit to any other property. Except as noted in Subsection E(2) below, all such improvements shall be required, designed, sized and installed in accordance with the Master Plan, the capital improvements program, the Official Map, this chapter and such of her plans, programs, maps and ordinances adopted by or under consideration pursuant to public notice by the City or other governmental agencies having jurisdiction to guide growth and development at the time the first application in connection with such development is filed. In the absence of any such plan, program, map or ordinance, the public improvements shall be required, designed, sized and installed in accordance with the City Engineer's determination based on good engineering practice and all available information concerning present and future needs. The cost of providing and installing such improvements shall be paid in accordance with the provisions of Subsection E(3) below.
(2)
The Planning Board may, as a condition of any approval required to be given by it pursuant to Articles XIX through XXV, require the installation of a public improvement of greater size or capacity than required by Subsection E(1) above when it deems such greater size or capacity to be necessary in light of factors not known or considered at the time the aforesaid plan, program, map or ordinance was adopted or placed under consideration. If such factors relate solely to the development under consideration, the increased cost due to installing such greater size or capacity public improvement, rather than installing the improvement as required by Subsection E(1) above, shall be paid in accordance with the provisions of Subsection E(3) below. If such factors do not relate solely to such development, such increased cost shall be paid in the same manner as provided in Subsection F below for off-tract improvements benefiting more than one tract.
(3)
Except as provided in Subsection E(2) above, it shall be a condition of every approval granted pursuant to Articles XIX through XXV that all public improvements required to be installed pursuant to this subsection shall be installed at the sole cost and expense of the developer. The City Engineer shall, as part of his review of detailed plans, specifications and cost estimates pursuant to § 163-110 of Part 3, estimate the cost of all such improvements, and the developer shall, as a condition to final plan or plat approval, provide performance and maintenance guaranties pursuant to § 163-136 of this chapter to ensure the timely and proper installation of such improvements. The developer shall be responsible for installing all improvements required pursuant to this subsection, and for that purpose shall engage only such properly licensed and qualified contractors and subcontractors as have been approved by the City Engineer for the type of work involved; provided, however, that where an ongoing or proposed City public improvements program offers a more efficient and orderly vehicle for installing such improvements, the Planning Board may require such improvements to be installed by the City as part of such program and require the developer to pay the cost thereof.
F.
Off-tract improvements specifically benefiting more than the subject
development.
(1)
Except as provided in Subsection F(3) below, the developer of every proposed development shall be required, as a condition of the grant of any approval pursuant to Articles XIX through XXV, to provide all off-tract public improvements which are necessary to serve, or which benefit, the subject property, even though such improvements may also specially benefit other properties. Except as noted in Subsection F(2) below, all such improvements shall be required, designed, sized and installed in accordance with the Master Plan, the capital improvements program, the Official Map, this chapter and such other plans, programs, maps and ordinances adopted by or under consideration pursuant to public notice by the City or other governmental agencies having jurisdiction to guide growth and development at the time the first application in connection with such development is filed. In the absence of any such plan, program, map or ordinance, the public improvements shall be required, designed, sized and installed in accordance with the City Engineer's determination based on good engineering practice and all available information concerning present and future needs. The cost of providing and installing such improvements shall be paid in accordance with the provisions of Subsection F(3) below.
(2)
The Planning Board may, as a condition of any approval required to be given by it pursuant to Articles XIX through XXVI require the installation of a public improvement of greater size or capacity than required by Subsection F(1) above when it deems such greater size or capacity to be necessary in light of factors not known or considered at the time the aforesaid plan, program, map or ordinance was adopted or placed under consideration. The costs due to installing such greater size or capacity shall be apportioned and paid in the same manner as other costs pursuant to Subsection F(3) below.
(3)
Subject to the right of the developer to petition the City Council for approval of an alternative financing arrangement pursuant to Subsection F(4) below, it shall be a condition of every approval granted pursuant to Articles XIX through XXV that all public improvements required to be installed pursuant to this subsection shall be installed at the sole cost and expense of the developer. Such approval shall, however, provide that the developer shall be entitled to reimbursement, in the manner and to the extent authorized by Subsection F(5) below, up to a maximum amount equal to the difference between the amount of such cost and expense paid by such developer and such developer's pro rata share of the cost of such improvement. Said pro rata share shall be an amount equal to the sum of the special benefit realized by such developer's property from such improvement plus such developer's property's pro rata share, based upon the ratio between its special benefit and the total of all special benefits, of the cost of such improvement not reflected in a special benefit to any tract.
(4)
Petition for alternative financing.
(a)
Whenever any approval required pursuant to Articles XIX through XXV is conditioned upon the developer providing and installing any improvement required by this subsection at his sole cost and expense or at any cost and expense to such developer greater than his pro rata share of the cost of such improvement as specified in Subsection F(3) above, the developer may, in lieu of accepting such condition, petition the City Council within 45 days following the granting of such approval, for an alternative method of financing such improvement. The developer shall notify the Land Use Administrator and the Planning Board upon filing such a petition.
(b)
Within 45 days following receipt of such petition, the City
Council shall enter one or a combination of the following decisions
and notify the developer, the Land Use Administrator and the Planning
Board of its decision:
[2]
The petition is granted, or partially granted, and the cost and expense of improvement or specified portions of the improvements, up to a maximum amount equal to the total of the special benefits to be conferred by the improvements or portions thereof, on all properties, including the subject property, shall be financed and paid as a general improvement at the general expense of the City. In any such case, the developer shall remain responsible for the payment and the guaranty pursuant to § 163-136 of this chapter of the amount by which the total cost and expense of providing said improvement exceeds the total value of the special benefits conferred on specific properties, including the subject property. In any case where the Council determines that all or part of any improvement is to be financed as provided in this Subsection, it shall determine the manner, method and timing of the installation of such improvements and shall adopt an ordinance authorizing and providing for the financing of such improvement in a manner consistent with such determination, with the developer's obligation for a portion of the cost and expense thereof as herein provided and with the provisions of law in such cases made and provided.
[3]
The petition is granted, or partially granted, and the cost and expense of the improvements, or specified portion of the improvements, up to a maximum amount equal to the total of the special benefits to be conferred by the improvement or portion thereof, on all properties, other than the subject property, shall be financed and paid as a local improvement, the cost of which is to be assessed, in the manner provided by law, against the properties, other than the subject property, specially benefited thereby. In any such case, the developer shall remain responsible for the payment and the guaranty pursuant to § 163-136 of this chapter, of an amount equal to the value of the special benefit conferred upon the subject property, plus the amount by which the total cost and expense of providing said improvement exceeds the total value of the special benefits conferred on specific properties, including the subject property. In any case where the Council determines that all or part of any improvement is to be financed as provided in this Subsection, it shall determine the manner, method and timing of the installation of such improvements and shall adopt an ordinance authorizing and providing for the financing of such improvement in a manner consistent with such determination, with the developer's obligation for a portion of the cost and expense thereof as herein provided and with the provisions of law in such cases made and provided.
(c)
When a petition is filed pursuant to this Subsection, all time
limits otherwise applicable to the processing of approvals or permits
related to the subject development shall be extended by a period of
time equal to the time between the date of the approval giving rise
to the petition, and the date on which the City Council enters its
decision on the petition as hereinabove provided and every such petition
filed hereunder shall include a statement of the applicant consenting
to such extension.
(5)
Determination of reimbursement.
(a)
Whenever a public improvement, or any portion thereof, required to be installed pursuant to this Subsection is installed at the sole cost and expense of a developer, or at any cost and expense to such developer greater than his pro rata share of the cost of such improvement as specified in Subsection F(3) above, the developer shall be entitled to reimbursement, up to the maximum amount specified in Subsection F(3) above, of his costs and expenses if, when and as other properties determined to be specifically benefited by such improvement subsequently seek approval for any development that will be served or benefited by such improvement.
(b)
In any such case, the approval of the application for the subject property shall include a determination by the Planning Board, pursuant to § 163-128B(5) above, of all properties specially benefited by the improvement and of the value of the special benefit to each such property. The results of said determination and notice of the obligations on each specially benefited property pursuant thereto shall be recorded by the Land Use Administrator in the records of the Atlantic County Recorder with respect to each such specially benefited property.
(c)
Subsequent development; formulas for computation of amount to
be paid to original developer.
[1]
Thereafter, no approval or permit required by this chapter or
any other ordinance of the City with respect to any subsequent development
resulting in the use of, connection to or enjoyment of any benefit
from such improvement by any such specially benefited property shall
be granted or issued unless and until the subsequent developer of
such specially benefited property shall have paid the original developer
and any other prior developers contributing to the cost and expense
of such improvement an amount calculated pursuant to the following
formula:
|
Where
| ||||
|
X
|
=
|
The amount to be recaptured by prior developers from subsequent
developer.
| ||
|
A
|
=
|
The total project cost.
| ||
|
B
|
=
|
The total project general benefit (total project cost minus
the sum of all special benefits).
| ||
|
Cn
|
=
|
The subsequent developer's special benefit.
| ||
|
n-1
EC
|
=
|
The total of all prior developer's special benefits.
| ||
|
i=1
n-1
|
=
|
The total number of prior developers contributing to the cost
of the improvements.
| ||
|
n
|
=
|
n-1, plus current developer.
| ||
[2]
The amount thus computed and paid by the subsequent developer
shall be divided among all prior developers pursuant to the following
formula:
|
Where
| ||||
|
Yi
|
=
|
The share of the total payment being distributed due to prior
developer.
| ||
|
X
|
=
|
The total payment being distributed.
| ||
|
Ci
|
=
|
The prior developer i's special benefit.
| ||
|
n
EC1
i-1
|
=
|
The sum of all prior developer's special benefits.
| ||
|
n
|
=
|
The total number of prior developers entitled to a share of
the payment X.
| ||
[3]
An example of the calculations required in connection with this
subsection is on file and open to public inspection in the office
of the City Clerk.
A.
General standard.
(1)
The requirements set out in § 163-128 above for public improvements and public sites shall be deemed the minimum requirements necessary to protect the public health, safety and welfare in connection with all developments requiring site plan/subdivision approval but otherwise permitted as a matter of right as permitted uses in the various zoning districts established by this chapter. In addition to such requirements, the Planning Board shall have authority, in connection with its review and approval of any site plan/subdivision plat for any proposed development requiring planned development, conditional use or variance approval, to impose as a condition on any of said discretionary approvals and on any related site plan/subdivision approval pursuant to Articles XIX through XXV additional requirements intended and designed to eliminate or ameliorate the physical, economic and social impacts of the proposed development on its immediate environs and on the general health, safety and welfare of the City and its residents and visitors.
(2)
No application for such a development shall be granted unless the Planning Board shall find, pursuant to the provisions of Subsection B below and the provisions of this chapter applicable to the granting of the aforesaid discretionary approvals, that the proposed use in the proposed location will not result in any undue adverse physical, economic or social impacts upon its immediate environs or the general health, safety and welfare of the City, its residents and its visitors, which will not be eliminated by reason of the developer's compliance with conditions imposed pursuant to Subsection B below and the provisions of this chapter applicable to the aforesaid discretionary approvals.
B.
Determination of need for special conditions.
(1)
Whenever an application for site plan/subdivision approval for a development requiring planned development, conditional use or use variance approval is filed with the Planning Board pursuant to Articles XIX through XXV, the Board shall determine what, if any, conditions on those approvals, in addition to or in lieu of conditions to be imposed pursuant to § 163-128 above, are necessary to eliminate any undue, adverse physical, economic or social impacts of the proposed development on its immediate environs and on the general health, safety and welfare of the City, its residents and visitors. Such conditions may relate to the provisions of public improvements; public sites and rights-of-way; on-tract and on-site improvements, facilities, landscaping and amenities and services; and contributions to general public programs and projects designed to respond to the adverse impact in question; or any other matter found by the Planning Board to be reasonably necessary to eliminate any undue adverse physical, economic or social impact which would be imposed by or have a rational nexus with the proposed development. In any case where the developer declines to accept such condition, the planned development, conditional use or use variance approval sought shall be denied, the site plan/subdivision approval sought shall be denied to the extent it is dependent upon the aforesaid discretionary approvals and the developer shall, unless he shall subsequently apply for and receive another such discretionary approval, be limited to those uses permitted in the zoning district where the property is located without the need for the aforesaid discretionary approvals.
(2)
The Planning Board shall base its determination on the nature
and scope of the proposed development; the provisions of this chapter
specifically applicable to the type of development being proposed
and the specific type of discretionary approval being sought; the
provisions of the Master Plan, capital improvements program, Official
Map and any other plans, programs or maps adopted by or under consideration
pursuant to notice by the City or other governmental agencies having
jurisdiction to guide growth and development; the provisions of this
chapter and other development regulations adopted by the City or other
governmental agencies having jurisdiction, with particular attention
to any such provisions specifically applicable to the type of development
being proposed or the area in which it is proposed and any special
restrictions or conditions on such development or areas; and the studies,
reports and opinions of City departments, officials and consultants
having special knowledge, expertise or responsibility with respect
to the development, improvements or conditions under consideration.
(3)
In determining whether conditions are necessary to eliminate adverse impacts of a development requiring planned development, conditional use or use variance approval, the Planning Board shall be guided by the principles set forth in § 163-128 above and by the additional principles that such approvals are discretionary, that the uses permitted as of right without such approvals in the various zoning districts reflect a careful balancing of the rights of the owners against the lawfully cognizable concerns of the public, that uses requiring such approvals are placed in a special category because they impose unusual burdens on the public while conferring special benefits on the owner and that the public has the right and duty to insist that those seeking such special benefits accept the responsibility for responding to and eliminating those unusual burdens which are found to have a rational nexus with the special approval sought or the development proposed. Neither the fact that a specific condition could have been imposed pursuant to § 163-128 above nor the fact that such a condition is not authorized by said subsection shall prevent its imposition pursuant to this section in the case of any development requiring planned development, conditional use or use variance approval pursuant to the provisions of this chapter.
(4)
In the event that the Planning Board shall determine, pursuant to this section, that conditions are required to eliminate any undue adverse physical, economic or social impacts of a development requiring planned development, conditional use or use variance approval, it shall condition its grant of the aforesaid approvals and its grant of site plan/subdivision approval pursuant to Articles XIX through XXV as necessary to eliminate such impacts.
C.
The cost of meeting any condition imposed pursuant to this section shall be borne solely by the developer upon which the condition is imposed, unless the Planning Board shall find that just cause exists for authorizing a petition to the City Council as provided in § 163-128D above or for granting rights of reimbursement to the extent and in the manner provided in § 163-128E above on the basis of the extent of the cost and expense of meeting the condition imposed in relation to the value of the development for which discretionary approval is sought, the degree to which the condition will specifically benefit other specific properties and the degree to which the subject property has or is likely to benefit, without cost or expense, from similar conditions imposed upon other properties seeking similar discretionary approvals. In the event that the Planning Board shall make either such determination, the provisions of § 163-128 above with respect thereto shall apply thereto.[1]
[1]
Editor's Note: Former Subsection D, which dealt with requirements
of the Casino Control Act (N.J.S.A. 5:12-1 et seq.) and which immediately
followed this subsection, was repealed 6-15-1988 by Ord. No. 1-1988.
General standard. No application for site plan/subdivision approval shall be granted unless the Planning Board shall find that the proposed development is adequately served by public improvements, either existing or to be provided by the developer pursuant to § 163-128 or 163-129 above, which are in compliance with the provisions of the Master Plan, the capital improvements program, the Official Map and this chapter.
A.
Standards for visibility across corners. Except as provided in § 163-71D(7)(b) of this chapter with respect to sign poles, no building, structure, landscaping or other obstruction to sight shall be located more than 2 1/2 feet above grade and less than nine feet above the grade at the curb or street line within a triangle formed by connecting the center lines of any two intersecting streets as herein provided. The sight triangles herein specified shall be as follows:
|
Type of Intersection
|
Length of Triangle Leg Measured Along Center Line of Street
| |
|---|---|---|
|
Local street and local street
|
90 feet and 90 feet
| |
|
Minor collector and local street
|
200 feet and 90 feet
| |
|
Minor collector and minor collector
|
200 feet and 90 feet
| |
|
Major collector and local street
|
200 feet and 90 feet
| |
|
Major collector and major collector
|
200 feet and 90 feet
| |
|
Major collector and minor collector
|
200 feet and 90 feet
| |
|
Arterial and local road
|
300 feet and 90 feet
| |
|
Arterial and minor collector
|
300 feet and 90 feet
| |
|
Arterial and major collector
|
300 feet and 90 feet
| |
|
Arterial and arterial
|
300 feet and 90 feet; with each arterial treated individually
|
B.
The aforesaid sight triangles are depicted in the diagrams at the
end of this chapter.[1]
[1]
Editor's Note: See Diagram II, Sight Triangle Easement.
No application for site plan/subdivision approval shall be granted
unless the Planning Board shall find that the proposed development
meets the energy efficiency requirements.[1]
[1]
Editor's Note: The standards for emergency efficiency have
not been included in this chapter, but are on file in the office of
the City Clerk.
A.
No application for site plan/subdivision approval shall be granted unless the Planning Board shall find that, in addition to meeting the specific standards set forth in §§ 163-127 through 163-132 above, the proposed development is not subject to any of the deficiencies specified in this section. Compliance with the aforesaid specific standards shall create a presumption that no such deficiency exists, and the Planning Board shall not deny any application pursuant to this section except on the basis of specific written findings fully documenting one or more of the following deficiencies:
(1)
The application is incomplete in specified particulars or contains
or reveals violations of this chapter or other applicable development
regulations which the applicant has, after written request, failed
or refused to supply or correct.
(2)
In the case of a site plan/subdivision plat submitted in conjunction
with an application for a planned development, a conditional use or
a use variance, the site plan fails to adequately meet specified standards
required by this chapter with respect to such development or use.
(3)
The proposed development interferes unnecessarily, and in specified
particulars, with easements, roadways, rail lines, utilities and public
or private rights-of-way.
(4)
The proposed development unnecessarily, and in specified particulars,
destroys, damages, detrimentally modifies or interferes with the enjoyment
of significant natural, topographic or physical features of the site.
(5)
The proposed development unnecessarily, and in specified particulars,
in injurious or detrimental to the use and enjoyment of surrounding
property.
(6)
The circulation elements of the proposed site plan unnecessarily,
and in specified particulars, create hazards to safety on or off tract,
disjointed pedestrian or vehicular circulation paths on or off tract,
undue dependence on automobile travel or undue interferences and inconveniences
to pedestrian travel.
(7)
The screening of the site does not provide adequate shielding
from or for nearby uses which may be incompatible with the proposed
use.
(8)
The proposed structures or landscaping unnecessarily, and in
specified particulars, is lacking amenity in relation to or is incompatible
with nearby structures and uses.
(9)
The proposed development unnecessarily, and in specified particulars,
creates drainage or erosion problems.
B.
In citing any of the foregoing deficiencies, other than those of Subsection A(1) above, as the basis for declining to approve a site plan/subdivision plat, the Planning Board shall suggest alternate site plan/subdivision plat approaches which could be developed to avoid the specified deficiency or shall state the reasons why such deficiency cannot be avoided consistent with the applicant's objectives.
[Amended 6-15-1988 by Ord. No. 1-1988]
When acting upon applications for preliminary site plan/subdivision plat approval or for minor subdivision approval pursuant to the provisions of Articles XIX through XXV, the Planning Board shall have the power to grant such exceptions from the standards established pursuant to §§ 163-70, 163-73, 163-74 and 163-127 through 163-133 hereof as may be reasonable and within the general purpose and intent of the provisions of Articles XIX through XXV; provided, however, that no such exception shall be granted unless the Planning Board shall, on the basis of written findings and conclusions in the form required by § 163-23 of this chapter, find that the literal enforcement of the standard in question is impracticable or will exact an undue hardship because or peculiar conditions pertaining to the subject property.
A.
Variances. When reviewing applications for approval of site plans or subdivision plats pursuant to Articles XIX through XXV, the Planning Board shall have the power to grant, to the same extent and subject to the same provisions, conditions and limitations as applicable to the Board of Adjustment:
(1)
Variances, pursuant to § 163-166 of this chapter, from bulk, space and yard requirements.
[Amended 6-15-1988 by Ord. No. 1-1988]
(2)
Variances and directions, pursuant to § 163-168D(1) of this chapter, for issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to § 163-46B of this chapter.
(3)
Variances and directions, pursuant to § 163-168D(2) of this chapter, for issuance of a permit for a building or structure not abutting a street.
B.
Conditional uses and planned developments. When reviewing applications for approval of site plans or subdivision plats pursuant to Articles XIX through XXV, the Planning Board shall have the power to review and approve or deny applications for conditional use permits, pursuant to Part 5, Article XXVI, of this chapter, and applications for planned development approvals, pursuant to Part 5, Article XXVII, of this chapter.
C.
Applications for additional approvals. Whenever, in addition to approval of a site plan or subdivision plat pursuant to Articles XIX through XXV, the applicant will, in connection with the proposed development, require any of the approvals authorized by Subsections A and B of this section, the applicant shall indicate that fact at the prehearing conference required by Part 5, Article XX, of this chapter and shall, at the time of filing an application for preliminary site plan/subdivision plat approval, file applications for all other required approvals.
D.
Notice of applications for additional approvals. Whenever, in connection with an application for site plan/subdivision plat approval pursuant to Articles XIX through XXV, the applicant files an application for other approvals pursuant to this section, all required notices shall include reference to the request for any and all additional approvals.
E.
Procedures and action by Planning Board. Whenever, in conjunction
with an application for site plan/subdivision plat approval, an applicant
files applications for other approvals pursuant to this section, the
Planning Board shall review and process all such applications at the
same public hearing. In reviewing such combined applications, the
Planning Board shall, except as hereinafter provided with respect
to limitations on the time for taking action, comply with all of the
provisions of this chapter applicable to each of the applications.
Where, pursuant to the ancillary jurisdiction granted by this section,
the Planning Board is reviewing an application subject to the primary
jurisdiction of the Board of Adjustment, all provisions of this chapter
applicable to the Board of Adjustment in reviewing such an application
shall be deemed to refer to and to apply to the Planning Board. The
Planning Board shall act on any such combined application within the
longest time period, not to exceed 120 days, applicable to any one
of the individual applications included in the combined application
or within such further time as may be consented to by the applicant.
Failure of the Planning Board to act within such period of time shall
constitute approval of the application. The Land Use Administrator
shall issue notices and certificates of such action or failure to
act in accordance with the provisions of this chapter applicable to
the various applications involved.
[Amended 6-15-1988 by Ord. No. 1-1988]
A.
Guaranties required. Unless expressly waived by the Planning Board in granting final site plan/subdivision plat approval, the applicant shall not be entitled to receive or record a copy of the final plan/plat bearing the required signatures of the Planning Board Chairman and Secretary or the Land Use Administrator or his designee nor shall the applicant be entitled to receive a certificate of approval by inaction pursuant to § 163-115 of this chapter unless and until the applicant shall have submitted to the Land Use Administrator performance and maintenance guaranties as herein required. Such guaranties shall be in form approved by the City Solicitor and in an amount based upon the City Engineer's estimate of the cost of the work and improvements covered by the guaranty. If not in cash, such guaranties shall be secured by a corporate surety licensed to do business in the State of New Jersey and approved by the City Council.
[Amended 6-15-1988 by Ord. No. 1-1988]
B.
Performance guaranties. The applicant shall furnish a performance
guaranty in the favor of the City in an amount equal to 120% of the
City Engineer's estimate of the cost of installing all improvements,
facilities and work required to be installed by the applicant as a
condition of final plan/plat approval, whether on site, off site,
on tract or off tract. Such improvements, facilities and work shall
include, without limitation, all public improvements, grading, improvement
of public and private common open spaces and surveyor's monuments.
Such performance guaranty shall guarantee the installation of said
improvements, facilities and work in a good and workmanlike fashion
in accordance with the approved final plan or plat within the time
specified in the approved staging plan or, if no such time is specified,
within two years following the date of final plan or plat approval.
C.
Maintenance guaranty. The applicant shall furnish a maintenance guaranty in favor of the City, covering all improvements, facilities and work required to be covered by the performance guaranty required in Subsection B above. The maintenance guaranty shall remain in full force and effect for a period of two years following final acceptance of the improvement, facility or work in question and shall be in an amount equal to 15% of the cost of such improvement, facility or work.
D.
Exception. In the event that a governmental agency or public utility,
other than the City of Atlantic City, will automatically own the improvements,
facilities or work to be installed pursuant to the approved final
plan or plat or in the event that such improvements, facilities or
work are covered by a performance or maintenance guaranty required
by a governmental agency other than the City of Atlantic City, no
additional performance or maintenance guaranty covering such improvements,
facilities or work shall be required pursuant to this section.
E.
Inspection of improvements, facilities and work during construction
and following completion; stop orders.
(1)
All improvements, facilities and work required to be constructed
pursuant to an approved final plan or plat shall be regularly inspected
by the City Engineer for compliance with the approved plans, the provisions
of this chapter and the requirements of all other applicable federal,
state, county and City laws, ordinances and regulations. If, as a
result of such inspections, the City Engineer shall determine that
any improvement, facility or work is not in compliance with said plans,
laws, ordinances or regulations, he shall have authority to order
that all or any part of the work on the development shall be stopped
until such time as necessary steps are taken to correct any defects
or deficiencies.
[Amended 11-13-2020 by Ord. No. 40-2020]
(2)
In order to facilitate the regular inspection program herein
required, the applicant shall notify the City Engineer at least 48
hours prior to the surfacing of any street or private road, the installation
of any curbing or gutters or the grading or backfilling of any open
trench or excavation in which any public improvement has been installed.
Within 48 hours following the receipt of such notice, the City Engineer
shall conduct an on-site inspection of such work.
F.
Reduction of guaranties; notice of default to obligor and surety.
(1)
If, as a result of the foregoing regular inspection program,
the City Engineer shall determine that portions of the required improvements,
facilities or work have been completed so as to justify a reduction
in the amount of the performance guaranty posted by the applicant,
he shall certify such facts to the City Council, which may, thereupon,
reduce the amount of the performance guaranty to a sum not less than
120% of the cost of the improvements, facilities and work yet to be
completed.
(2)
If, as a result of the foregoing regular inspection program,
the City Engineer determines that any of the required improvements,
facilities or work has not been or is not being performed or corrected
in accordance with the approved plans and applicable laws, ordinances
and regulations, he shall notify the City Council of such fact, and
the Board may, thereupon, take such action as it shall deem appropriate
to compel performance or may, in the alternative, declare a forfeiture
of the performance guaranty, and the obligor and surety shall thereupon
be liable upon the performance guaranty to the City for the reasonable
cost of the improvements, facilities and work not completed or corrected,
and the City may, either prior to or after the receipt of the proceeds
of the performance guaranty, complete or correct such improvements,
facilities or work by the employment of such City personnel or private
contractor as it shall deem appropriate.
G.
Completion and final inspection. When all of the required improvements,
facilities and work within a stage or unit of the development have
been completed, the obligor shall send written notice of such completion
to the City Council by certified mail, addressed in care of the City
Clerk. A copy of such notification shall also be sent to the City
Engineer. Upon receipt of such notice, the City Engineer shall inspect
all of the improvements, facilities and work and shall file a detailed
written report with the City Council, indicating either his approval,
partial approval or rejection of the improvements and facilities.
Such report shall contain detailed reasons in support of any rejection.
In case part of the improvements, facilities or work is approved and
part rejected, the report of the City Engineer shall set forth the
cost of the improvements, facilities and work required for acceptance
of the rejected improvements, facilities and work.
H.
Action by City Council.
(1)
Upon receipt of the report of the City Engineer, the City Council
shall either approve, partially approve or reject the improvements,
facilities and work on the basis of said report and shall notify the
obligor, in writing, by certified mail, of the contents of said report
and the action of the City Council with relation thereto. A copy of
such notice shall also be sent to the surety. Said notice shall be
given not later than 65 days following receipt of the notice from
the obligor that the improvements have been completed. Failure of
the City Council to send or provide such notification to the obligor
within said 65 days shall be deemed to constitute approval of the
improvement.
(2)
Upon such approval or the expiration of such a period of time
without action, the obligor and surety shall be released from all
liability pursuant to the performance guaranty. Where partial approval
is granted, the obligor and surety shall be released from all liability
pursuant to the performance guaranty as to the improvements, facilities
and work approved, but shall not be released as to any improvements,
facilities or work rejected.
(3)
If all or any portion of the required improvements, facilities
or work is rejected, the City Council shall require the obligor to
complete such improvements, facilities and work and to again give
notice of such completion pursuant to this section within a period
of time to be fixed by the City Council. In the alternative, if any
required improvements, facilities or work are not completed or not
corrected in accordance with the approved final plan and applicable
laws, ordinances and regulations, the City may declare a forfeiture
of the performance guaranty, and, thereupon, the obligor and surety
shall be liable upon the performance guaranty to the City for the
reasonable cost of the improvements, facilities or work not completed
or corrected, and the City may, either prior to or after the receipt
of the proceeds of the performance guaranty, complete or correct such
improvements or facilities by the employment of such City personnel
or private contractors as it shall deem appropriate.
[Amended 6-15-1988 by Ord. No. 1-1988]
Except as otherwise expressly provided in § 163-108 of this chapter, upon, but not before, receiving notice from the Land Use Administrator that the approved final plan or plat has been recorded and upon application by the applicant, all appropriate officials of the City may issue building and other permits to the applicant for development, construction and other work in the areas encompassed by the approved final plan or plat; provided, however, that no such permit shall be issued unless the appropriate official is first satisfied that the requirements of any codes or ordinances of the City, in addition to this chapter, which are applicable to the permit sought have been satisfied. No certificate of occupancy shall be issued for any use or structure within such area until all improvements, facilities and work required to be guaranteed pursuant to § 163-136 hereof have been completed and accepted as therein provided.
[Amended 6-15-1988 by Ord. No. 1-1988]
During construction of a development and before the issuance
of any certificate of occupancy, amendments to the final plan or plat
may be permitted as follows:
A.
Minor amendments.
(1)
The Planning Board may, upon written request of the applicant
or owner and without public hearing, authorize minor amendments to
the final plan or plat when such amendments appear necessary in light
of technical or engineering considerations first discovered during
actual development or of changes in conditions beyond the control
of the developer which have occurred since the date of final approval.
Such minor amendments shall be limited to the following:
(a)
Altering the volume or any dimension of any structure by not
more than 10%.
(b)
Altering the location of any one structure or group of structures
by not more than 20 feet or 1/4 of the distance shown on the final
plan or plat between such structure or structures and any other structure
or any vehicular circulation element or any boundary of the development,
whichever is less.
(c)
Altering the location of any circulation element by not more
than 20 feet or 1/4 of the distance shown on the final plan or plat
between such circulation element and any structure, whichever is less.
(d)
Altering the location of any open space by not more than 100
feet.
(e)
Reducing the total amount of open space by not more than 5%
or reducing the yard area or open space associated with any single
structure by not more than 10%.
(f)
Altering any final grade by not more than 10% of the originally
planned grade.
(g)
Altering the location, type or quality of landscaping elements.
(2)
Such minor amendments shall be consistent with the intent and
purpose of the Master Plan, the capital improvements program, the
Official Map and the approved final plan or plat; shall not violate
any applicable standard or provision of this chapter or any other
law, ordinance or regulation; and shall be the minimum necessary to
overcome the particular difficulty.
B.
Major amendments. Any other amendments to an approved final plan or plat shall be considered major amendments and shall be granted only in the same manner and subject to the same standards and conditions as established pursuant to Articles XIX through XXV for the original review and approval of site plans and subdivision plats.
A.
Inspections by Engineer. Following final plan or plat approval, the Engineer shall, in addition to the inspections required pursuant to § 163-136 of this chapter in connection with the installation of improvements and facilities, at least once every six months until the completion of the development and continually thereafter following completion of the development review all permits issued and construction undertaken and compare actual development with the approved plans for development and with the approved development schedule.
[Amended 6-15-1988 by Ord. No. 1-1988; 11-13-2020 by Ord. No. 40-2020]
B.
Action by Engineer. If the Engineer finds that development is not
proceeding in accordance with the approved schedule or that it fails
in any other respect to comply with the plans or plats as finally
approved, he shall immediately notify the Planning Board of such fact
and may, if he finds it necessary to ensure compliance with the approved
plan or plat and the provisions of this chapter, issue an order stopping
any or all work on the development until such time as any noncompliance
is cured.
[Amended 11-13-2020 by Ord. No. 40-2020]
C.
Action by Planning Board. Within 30 days following such notice, the
Planning Board shall take one or more of the following actions as
it shall deem appropriate:
(1)
Revoke, by resolution, the final plan or plat approval and all
prior approvals and related or resulting permits;
(2)
Commence such steps as it shall deem necessary to compel compliance
with the final plan or plat approval;
(3)
Require the owner or applicant to seek an amendment in the final plan or plat as provided in § 163-138 of this chapter; or
(4)
Pursue such other remedies as may be available to enforce compliance
with this chapter and to punish any failure to comply.
