No application for site plan and/or subdivision plat approval
shall be granted unless the Planning Board or Zoning Board of Adjustment,
as the case may be, shall find that, in addition to complying with
each of the standards made applicable to site plans and subdivision
plats by this chapter, 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.
No application for site plan and/or subdivision plat approval shall
be granted unless the Planning Board or Zoning Board of Adjustment,
as the case may be, 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 and/or subdivision plat approval
is filed with the Planning Board or Zoning Board of Adjustment, as
the case may be, pursuant to this chapter, the Board shall determine
what, if any, public improvements, whether on-tract or off-tract,
are 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 Board shall base its determination on:
(a)
The nature and scope of the proposed development.
(b)
The provisions of this chapter specifically applicable to the
type of development being proposed.
(c)
The provisions of the Master Plan, Capital Improvement Program,
if any, 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.
(d)
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 or Zoning Board of Adjustment,
as the case may be, 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 or Zoning Board of Adjustment, as the case may be, shall determine, pursuant to Subsection B(1) above, that one or more on-site public improvements are necessary to serve the proposed development, the Board shall require the installation of such improvements as a condition to the approval of any site plan and/or subdivision plat. In such event, the developer shall, as provided in § 300-45D, estimate the cost thereof and provide such information to the City Engineer.
(4)
In the event that the Planning Board or Zoning Board of Adjustment, as the case may be, shall determine, pursuant to Subsection B(1) above, that either a public site or a public right-of-way or public improvement that will not serve the subject development is required on the subject tract, the applicant shall proceed as provided in § 300-45E.
(5)
In the event that the Planning Board or Zoning Board of Adjustment, as the case may be, shall determine, pursuant to Subsection B(1) above, that one or more off-tract public improvements are necessary to serve the subject development, the Board 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 or Zoning Board of Adjustment, as the case may be, shall require the installation of such improvement. In such event, the developer shall, as provided in § 300-45F, estimate the cost thereof and provide such information to the City Engineer.
(7)
In the case of any such improvement that will benefit other properties
in addition to the subject property, the Planning Board or Zoning
Board of Adjustment, as the case may be, shall determine the extent
to which each benefited property, including the subject property,
is benefited and also the extent to which the improvement results
in a general benefit not specifically attributable to any specific
property and shall apportion the cost of such improvement and require
its installation. In such event, the developer shall, as provided
in § 300-45G, estimate the cost and apportionment thereof
and provide such information to the City Engineer.
(8)
In determining which properties are specifically benefited by a public
improvement, the Planning Board or Zoning Board of Adjustment, as
the case may be, 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 benefited
properties and the general benefit, the 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 or Zoning
Board of Adjustment, as the case may be, determines that a property,
other than the subject property, will be benefited by an improvement
to be installed as a condition of its approval of the subject application,
it shall require the developer to give the owner of each such property,
as shown in the latest property tax records, notice thereof. The Board
shall provide such entities 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 or Zoning
Board of Adjustment, as the case may be, shall enlist 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 § 300-45H.
C.
On-tract public improvements serving the subject development.
(1)
The developer of every proposed development shall be required, as
a condition of any approval pursuant to this chapter, 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.
(a)
Except as noted in Subsection C(2) below, all such improvements shall be designed, sized and installed in accordance with the Master Plan, any capital improvement 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.
(b)
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 or Zoning Board of Adjustment, as the case may be, may, as a condition of any approval required to be given by it pursuant to this chapter, 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 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 § 300-45G 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 this chapter 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/her review of detailed plans, specifications and cost estimates pursuant to § 300-49, 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 § 300-49, 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 properly licensed and qualified contractors and subcontractors for the type of work involved; provided, however, that where an ongoing or proposed City Public Improvement Program offers a more efficient and orderly vehicle for installing such improvements, the Planning Board or Zoning Board of Adjustment, as the case may be, 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, on-tract public rights-of-way and public improvements
not serving the subject development.
(1)
Whenever the Master Plan, Capital Improvement Program, 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 or Zoning Board of Adjustment, as the case may be, may, pursuant to the procedure set out in Subsection D(3) below and as a condition of any approval required pursuant to this chapter, 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.
(3)
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 and/or subdivision approval. The compensation payable pursuant to this subsection shall be determined in accordance with the provisions of Subsection D(4) below.
(4)
Upon submission to the Planning Board or Zoning Board of Adjustment, as the case may be, of an application for site plan and/or subdivision approval for a land area subject to reservation pursuant to Subsection D(1) above, the Board Secretary 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 current assessment of the public need for such reservation and setting forth the date upon which the Board is expected to take final action on the application. Before such date, the City Council shall decide upon, and give the 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. The Board then 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 for 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 Board shall reflect
such agreements.
(5)
Should the City Council fail to so notify the Planning Board or Zoning Board of Adjustment, as the case may be, the Board shall proceed as if notified and pursue the course of action set out in Subsection D(4)(a) above.
(6)
Should the City Council elect to proceed pursuant to Subsection D(4)(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 this chapter, 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, Capital Improvement Program, if any, 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 E(3) below.
(2)
The Planning Board or Zoning Board of Adjustment, as the case may be may, as a condition of any approval required to be given by it pursuant to this chapter, 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 shall be paid in accordance with 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 this chapter 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 § 300-49, 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 § 300-49 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 Improvement Program offers a more efficient and orderly vehicle for installing such improvements, the 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 this chapter, 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, Capital Improvement Program, if any, 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 or Zoning Board of Adjustment, as the case may be, may, as a condition of any approval required to be given by it pursuant to this chapter, 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)
It shall be a condition of every approval granted pursuant to this chapter, 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 (recapture) in the manner and to the extent authorized by Subsection F(4) below.
(4)
Determination of reimbursement/recapture amount.
(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), the developer shall be entitled to reimbursement 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. The amount of such reimbursement shall not exceed 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.
(b)
In any such case, the approval of the application for the subject
property shall include a determination by the Planning Board or Zoning
Board of Adjustment, as the case may be, pursuant to this section,
of all properties specially benefited by the improvement and of the
value to each such property. The results of said determination and
notice of the obligations on each property pursuant thereto shall
be recorded by the Zoning Officer in the records of the Atlantic County
Recording Officer with respect to each such benefited property.
(c)
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 benefited property shall be granted
or issued unless and until the subsequent developer of such 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, which was
developed to establish a fair cost-sharing for off-site infrastructure
extensions. Such formula's primary ingredients are:
[1]
Capacity usage from each participant as a portion of the total
capacity of the system and the extension quantity (typically distance
or area), which ultimately equates to cost.
[2]
Pro-rata cost share shall be calculated by multiplying the recapture
amount by the anticipated usage divided by the total estimated usage
of the affected portion of the system. The recapture amount is the
total estimated or actual improvement cost less the subject tract
improvement cost. By way of example:
|
Roadway Reimbursement =
| |||
|
Length of Property Line along Roadway x Cost of One l.f. of
Road\Two x Half Width of Roadway
| |||
|
Where Cost of One l.f. of Road =
|
Total Cost of Road Construction\Total Length of Road
| ||
|
Storm Sewer Reimbursement =
| |||
|
Acreage of Property to be Developed x Cost of One Unit of Storm
Sewer Infrastructure
| |||
|
Where Cost of One Unit of Storm Sewer Infrastructure =
| |||
|
Total Cost of Storm Sewer Construction\Total Acreage to be Serviced
by Storm Sewer1
| |||
|
Sanitary Sewer Reimbursement =
| |||
|
Total Cost for Pipe Installation\Total Number of EDUs* to be
Serviced
| |||
|
NOTES:
| ||
|---|---|---|
|
1
|
Including acreage within rights-of-way.
| |
|
*
|
The City Engineer shall determine other existing or potential
off-site development that may benefit from the proposed improvements
and shall take any EDUs1 anticipated from
such development into consideration when making his/her determination
of usage.
| |
|
1 Equivalent Dwelling Unit. Assumes
one EDU = one single-family dwelling. The City Engineer shall determine
an appropriate EDU factor for apartments, condominiums or other multifamily
residential development.
| ||
|
For commercial development, the City engineer shall estimate
the sewer usage for the proposed use. For the purpose of determining
reimbursement, it will be assumed that one EDU is equivalent to 300
gallons per day of sewer discharge.
| ||
|
For sizing new pump stations or upgrades to existing pump stations,
the capacity of the station or increased capacity in gallons per day
will be converted to EDUs by assuming one EDU to be equivalent to
300 gallons per day.
| ||
|
For other improvements to the system, the City Engineer will
determine the total number of benefited users to share in the cost
of the improvement.
|
[3]
The City Engineer shall use the foregoing formula as a guide
and shall be empowered to make adjustments as he/she deems necessary
based on the individual circumstances encountered.
[4]
The procedures described herein apply to public utilities only.
Provisions for recapture of costs for the installation of infrastructure
provided by private utility companies [i.e., New Jersey American Water
(potable water), South Jersey Gas (natural gas), Atlantic City Electric
(electricity)] shall be as determined by the private utility provider.
A.
General standard.
(1)
The requirements set forth in § 300-45 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 and/or subdivision approval but otherwise permitted as a matter of right as permitted uses in the various zoning districts established by this chapter.
(2)
In addition to such requirements, the Planning Board or Zoning Board
of Adjustment, as the case may be, shall have authority, in connection
with its review and approval of any site plan and/or subdivision plat
for any proposed development requiring variance approval, to impose
as a condition on any of said discretionary approvals and on any related
site plan and/or subdivision approval pursuant to this chapter, 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.
(3)
No application for such a development shall be granted unless the Planning Board or Zoning Board of Adjustment, as the case may be, shall find, pursuant to the provisions of § 300-46B 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 § 300-46B 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 and/or subdivision approval for a development requiring variance approval is filed with the Planning Board or Zoning Board of Adjustment, as the case may be, pursuant to this chapter, the Board shall determine what, if any, conditions on those approvals, in addition to or in lieu of conditions to be imposed pursuant to § 300-45, 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, businesses and visitors. Such conditions may relate to the provisions of:
(a)
Public improvements;
(b)
Public sites and rights-of-way;
(c)
On-tract and on-site improvements, facilities, landscaping and
amenities and services; and
(d)
Contributions to general public programs and projects designed
to respond to the adverse impact in question; or
(e)
Any other matter found by the 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.
(2)
The Planning Board or Zoning Board of Adjustment, as the case may
be, shall base its determination on:
(a)
The nature and scope of the proposed development;
(b)
The provisions of this chapter specifically applicable to the
type of development being proposed and the specific type of discretionary
approval sought;
(c)
The provisions of the Master Plan, Capital Improvement Program,
if any, 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;
(d)
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
(e)
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 variance approval, the Planning Board or Zoning Board of Adjustment, as the case may be, shall be guided by the principles set forth in § 300-45, and by the following additional principles:
(a)
That such approvals are discretionary;
(b)
That the uses permitted by right in the various zoning districts
reflect a careful balancing of the rights of the owners against the
lawfully cognizable concerns of the public;
(c)
That uses requiring variance approval are placed in a special
category because they impose unusual burdens on the public while conferring
special benefits on the owner; and
(d)
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.
(4)
Neither the fact that a specific condition could have been imposed pursuant to § 300-45 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 variance approval pursuant to the provisions of this chapter.
(5)
In the event that the Planning Board or Zoning Board of Adjustment,
as the case may be, shall determine, pursuant to this section, that
conditions are required to eliminate any undue adverse physical, economic
or social impacts of a development requiring variance approval, it
shall condition its grant of the aforesaid approvals and its grant
of site plan and/or subdivision approval pursuant to this chapter
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 or Zoning Board of Adjustment, as the case may be, shall find that just cause exists for granting rights of reimbursement to the extent and in the manner provided in § 300-45E 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 variance 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 Board shall make such determination, the provisions of § 300-45 with respect thereto shall apply.
A.
No application for site plan and/or subdivision approval shall be granted unless the Planning Board or Zoning Board of Adjustment, as the case may be, shall find that the proposed development is adequately served by public improvements, either existing or to be provided by the developer pursuant to § 300-45 and/or § 300-46 above, which are in compliance with the provisions of the Master Plan, any capital improvement program, the Official Map and this chapter.
B.
Sight triangles at street corners. Except as provided in § 300-58E(6) regarding freestanding/pole signs, no building, structure, landscaping or other obstruction to sight shall be located within the space between 2 1/2 feet and nine feet above t.o.c., or the street line where curbs are not present, 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:
|
|
Road "1"
|
Road "2"
|
A
(feet)
|
B
(feet)
|
C
(feet)
|
D
(feet)
| |
|---|---|---|---|---|---|---|
|
Local street
|
Local street
|
60
|
60
|
90
|
90
| |
|
Minor collector
|
Local street
|
70
|
60
|
200
|
90
| |
|
Minor collector
|
Minor collector
|
70
|
70
|
200
|
90
| |
|
Major collector
|
Local street
|
90
|
60
|
200
|
90
| |
|
Major collector
|
Minor collector
|
90
|
70
|
200
|
90
| |
|
Major collector
|
Major collector
|
90
|
90
|
200
|
90
| |
|
Arterial
|
Local street
|
100
|
60
|
300
|
90
| |
|
Arterial
|
Minor collector
|
100
|
70
|
300
|
90
| |
|
Arterial
|
Major collector
|
100
|
90
|
300
|
90
| |
|
Arterial
|
Arterial
|
100
|
100
|
300
|
90*
|
|
NOTES:
| ||
|---|---|---|
|
*
|
Each arterial road is to be treated individually.
| |
A.
Planning Board.
(1)
When reviewing applications for approval of site plans or subdivision
plats pursuant to this chapter, the Planning Board shall have the
power to grant, pursuant to N.J.S.A. 40:55D-60, to the same extent
and subject to the same provisions, conditions and limitations as
applicable to the Zoning Board of Adjustment:
(a)
Variances from bulk, space and yard requirements;
(b)
Variances and direction 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; and
(c)
Variances and direction for issuance of a permit for a building
or structure not abutting a street.
(2)
Submission and processing of applications.
(a)
Whenever, in addition to approval of a site plan or subdivision
plat pursuant to this chapter, the applicant will, in connection with
the proposed development, require any of the approvals authorized
by this chapter, the applicant shall, at the time of filing an application
for preliminary site plan and/or subdivision plat approval, file applications
for all other required approvals.
(b)
All required notices shall include reference to the request
for any and all additional approvals.
(c)
Whenever, in conjunction with an application for site plan and/or
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.
(d)
Where, pursuant to the ancillary jurisdiction granted by this
subsection, the Planning Board is reviewing an application subject
to the primary jurisdiction of the Zoning Board of Adjustment, all
provisions of this chapter applicable to the Zoning Board in reviewing
such an application shall be deemed to refer to and to apply to the
Planning Board.
(e)
In reviewing such combined applications, the 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.
(f)
The 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 Board to act within such period of time shall constitute
approval of the application. The Zoning Officer 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.
B.
Zoning Board of Adjustment.
(1)
When reviewing applications for "d" variance relief pursuant to this
chapter, the Zoning Board of Adjustment shall have the power to grant,
pursuant to N.J.S.A. 40:55D-78, to the same extent and subject to
the same provisions, conditions and limitations as applicable to the
Planning Board, site plan and/or subdivision approval pursuant to
this chapter.
(2)
Submission and processing of applications.
(a)
Whenever, in addition to approval of an application for "d" variance relief pursuant to this chapter, the applicant will, in connection with the proposed development, require site plan and/or subdivision approval authorized by § 300-36, the applicant shall, at the time of filing an application for "d" variance relief, file applications for all other required approvals.
(b)
All required notices shall include reference to the request
for any and all additional approvals.
(c)
Whenever, in conjunction with an application for "d" variance
relief, an applicant files applications for site plan and/or subdivision
approvals pursuant to this subsection, the Zoning Board of Adjustment
shall review and process all such applications at the same public
hearing.
(d)
In reviewing such combined applications, the 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.
(e)
Where, pursuant to the ancillary jurisdiction granted by this
subsection, the Zoning Board of Adjustment is reviewing an application
subject to the primary jurisdiction of the Planning Board, all provisions
of this chapter applicable to the Planning Board in reviewing such
an application shall be deemed to refer to and to apply to the Zoning
Board of Adjustment.
(f)
The Board shall act on any such combined application within
120 days after determination of a complete application, or within
such further time as may be consented to by the applicant. Failure
of the Board to act within such period of time shall constitute approval
of the application. The Zoning Officer 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.
A.
No official, department, bureau, board, commission or agency of the City shall release to a developer a final subdivision plat which has been signed by the Chair and Secretary of the Planning Board or Zoning Board of Adjustment, as the case may be, in accordance with § 300-36G(2)(h)[2] and [3], or, as a condition of final site plan approval, issue a zoning permit pursuant to § 300-34A, or issue a certificate of approval by inaction pursuant to § 300-30H, unless and until the applicant submits to the Board Secretary performance guarantees as herein required. Such guaranties shall be in cash, or in the form of a bond, irrevocable letter of credit or escrow agreement. If not in cash, such guaranties shall be secured by a corporate surety licensed to do business in the State of New Jersey, shall be approved by the City Solicitor as to form and shall be approved for execution by the governing body.
B.
The cost of the installation of improvements for the purposes of
this subsection shall be estimated by the City Engineer based on documented
construction costs for public improvements prevailing in the general
area of the City. The developer may appeal such estimate to the County
Construction Board of Appeals established under N.J.S.A. 52:27D-127.
The City Engineer shall provide such cost estimate to the applicant
within 30 days of receipt of such request, which shall be made by
the applicant via certified mail.
C.
Performance guaranty. Upon receipt of the City Engineer's cost estimate,
the applicant shall furnish a performance guaranty in the favor of
the City in an amount not to exceed 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 site plan
and/or subdivision plat approval, whether on site, off site, on tract
or off tract. Such improvements, facilities and work shall include,
without limitation, all public improvements, including streets, grading,
pavement, gutters, curbs, sidewalks, streetlighting, improvement of
public and private common open spaces and surveyor's monuments as
required by the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.),[1] water mains, culverts, storm sewers, sanitary sewers or
other means of sewage disposal, drainage structures, erosion and sedimentation
control devices and landscaping improvements. 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. The itemized cost estimates
prepared by the City Engineer for the improvements shall be appended
to each performance guaranty posted by the obligor.
[1]
Editor's Note: N.J.S.A. 46:23-9.7 to 46:23-9.16 were repealed
by L. 2011, c. 217, § 2, effective 5-1-2012. See now N.J.S.A.
46:26B-1 et seq.
D.
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 under § 300-49C. 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.
E.
Exception. In the event that a governmental agency or public utility,
other than the City of Pleasantville, 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 Pleasantville, no
additional performance or maintenance guaranty covering such improvements,
facilities or work shall be required pursuant to this section.
[Added 6-18-2018 by Ord.
No. 7-2018]
For the purpose of assuring the installation and maintenance
of bondable land development improvements as defined in N.J.S.A. 40:55D-53,
as a condition of all final site plan, subdivision, and/or zoning
permit approvals, the Board and/or Zoning Officer shall require, as
appropriate, and the City Council shall accept, in accordance with
the standards adopted hereinafter:
A.
The furnishing of a performance guaranty in favor of the City in
an amount not to exceed 120% of the cost of the improvement, which
cost shall be determined by the City Engineer according to the method
of calculation set forth in N.J.S.A. 40:55D-53.4 for any and all bondable
items as permitted therein. The City Engineer shall prepare an itemized
cost estimate of the improvements covered by the performance guaranty,
which itemized cost estimate shall be appended to each performance
guaranty posted by the obligor.
B.
The furnishing of a maintenance guaranty in favor of the City in
an amount not to exceed 15% of the cost of the improvement, which
cost shall be determined by the City Engineer according to the method
of calculation set forth in N.J.S.A. 40:55D-53.4 for any and all bondable
items as permitted therein.
C.
The furnishing of a temporary certificate of occupancy guaranty in
the amount of 120% of the cost of installing the remaining improvements
required to be completed before the issuance of a permanent certificate
of occupancy. The scope and amount of such a guaranty will be determined
by the City Engineer.
D.
The furnishing of a safety and stabilization guaranty to return the
property to a safe and stable condition or to otherwise implement
measures to protect the public from access to an unsafe or unstable
condition. The amount of such a guaranty shall be $5,000 where the
overall bonded improvements are $100,000 or less. Where the overall
bonded improvements are $100,000 or more, then the City Engineer shall
calculate the bond amount in accord with the following: $5,000 for
the first $100,000 of bonded improvement costs, plus 2.5% of bonded
improvement costs in excess of $100,000 up to $1 million, plus 1%
of bonded improvement costs in excess of $1 million.
[Added 6-18-2018 by Ord.
No. 7-2018]
In the event that other governmental agencies or public utilities
will automatically own the utilities to be installed or 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 City for such utilities or improvements.
[Added 6-18-2018 by Ord.
No. 7-2018]
If the required improvements are not completed or corrected
in accordance with the performance guaranty, the obligor and surety,
if any, shall be liable thereon to the City for the reasonable cost
of the improvements not completed or corrected, and the City may either
prior to or after the receipt of the proceeds thereof complete such
improvements. Such completion or correction of improvements shall
be subject to the public bidding requirements of the Local Public
Contracts Law, N.J.S.A. 40A:11-1, et seq.
[Added 6-18-2018 by Ord.
No. 7-2018]
All improvements shall be in accordance with the design standards
of the City Code or as authorized by a design exception granted by
the reviewing board and shall be subject to inspection and approval
by the City Engineer. The City Engineer shall be notified 24 hours
prior to the start of the various phases of the work, and if discontinued,
shall again be notified when the work will be continued.
[Added 6-18-2018 by Ord.
No. 7-2018]
A.
Upon substantial completion of all required improvements, the obligor
may request of the governing body, in writing, by certified mail addressed
in care of the City Clerk, that the City Engineer prepare, in accordance
with the itemized cost estimate prepared by the City Engineer and
appended to the performance guaranty pursuant to this chapter, a list
of all uncompleted or unsatisfactorily completed improvements. If
such a request is made, the obligor shall send a copy of the request
to the City Engineer. The request shall indicate which improvements
have been completed and which improvements remain uncompleted in the
judgment of the obligor. Thereupon the City Engineer shall inspect
all improvements covered by the obligor's request and shall file a
detailed list and report, in writing, with the City Council, and shall
simultaneously send a copy thereof to the obligor not later than 45
days after receipt of the obligor's request.
B.
The list prepared by the City Engineer shall state, in detail with
respect to each improvement determined to be incomplete or unsatisfactory,
the nature and extent of the incompleteness of each incomplete improvement
or the nature and extent of, and remedy for, the unsatisfactory state
of each completed improvement determined to be unsatisfactory. The
report prepared by the City Engineer shall identify each improvement
determined to be complete and satisfactory, together with a recommendation
as to the amount of reduction to be made in the performance guaranty
relating to the completed and satisfactory improvement, in accordance
with the itemized cost estimate prepared by the City Engineer and
appended to the performance guaranty pursuant to this chapter.
C.
The City Council, by resolution, shall either accept the improvements
determined to be complete and satisfactory by the City Engineer, or
reject any or all of these improvements upon the establishment in
the resolution of cause for rejection, and shall approve and authorize
the amount of reduction or release to be made in the performance guaranty
relating to the improvements accepted, in accordance with the itemized
cost estimate prepared by the City Engineer and appended to the performance
guaranty pursuant to this chapter. This resolution shall be adopted
not later than 45 days after receipt of the list and report prepared
by the City Engineer. Upon adoption of the resolution by the City
Council, the obligor shall be released from all liability pursuant
to its performance guaranty, with respect to those accepted improvements,
except for that portion sufficient to secure completion or correction
of the improvements not yet accepted, provided that 30% of the amount
of the performance guaranty posted may be retained to ensure completion
and acceptability of all improvements. If any portion of the required
improvements is rejected, the City shall require the obligor to complete
or correct such improvements, and, upon completion or correction,
the same procedure of notification, as set forth in this section,
shall be followed.
[Added 6-18-2018 by Ord.
No. 7-2018]
The obligor shall reimburse the City for all reasonable inspection fees paid to the City Engineer for the foregoing inspection of improvements, provided that the municipality may require of the developer a deposit for the inspection fees in accordance with § 300-50B.
[Added 6-18-2018 by Ord.
No. 7-2018]
In the event that final approval is by stages or sections of
development pursuant to Subsection a of Section 29 of P.L. 1975, c.
291 (N.J.S.A. 40:55D-38), the provisions of this section shall be
applied by stage or section.
[Added 6-18-2018 by Ord.
No. 7-2018]
To the extent that any of the improvements have been dedicated
to the City on the subdivision plat, site plan and/or zoning permit,
the municipality shall be deemed, upon the release of any performance
guaranty required hereunder, to accept dedication for public use any
improvements made thereunder, provided that such improvements have
been inspected and have received final approval by the City Engineer.
A.
During construction.
(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 and the Zoning Officer for compliance with the
approved plans, decision and resolution of the Planning Board or Zoning
Board of Adjustment, as the case may be, 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 or the Zoning Officer shall determine
that any improvement, facility or work is not in compliance with said
plans, decision and resolution, laws, ordinances or regulations, he
or she 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.
(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, gutters, sanitary or storm drainage structures, underground
utilities or other improvements; 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.
(3)
The above notwithstanding, nothing herein shall limit the ability
of the City Engineer to perform regular and routine inspections of
construction as necessary and appropriate.
B.
Inspection escrow.
[Added 6-18-2018 by Ord.
No. 7-2018]
(1)
The obligor shall reimburse the municipality for reasonable inspection fees paid to the City Engineer for the inspections of improvements required under § 300-49, which fees shall not exceed the sum of the amounts set forth in Subsection B(1)(a) and (b) of this section. The municipality may require the developer to post the inspection fees in escrow in an amount:
(2)
For those developments for which the inspection fees total less than
$10,000, fees may, at the option of the developer, be paid in two
installments. The initial amount deposited in escrow by a developer
shall be 50% of the inspection fees. When the balance on deposit drops
to 10% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the City Engineer
for inspections, the developer shall deposit the remaining 50% of
the inspection fees.
(3)
For those developments for which the inspection fees total $10,000
or greater, fees may, at the option of the developer, be paid in four
installments. The initial amount deposited in escrow by a developer
shall be 25% of the inspection fees. When the balance on deposit drops
to 10% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the City Engineer
for inspection, the developer shall make additional deposits of 25%
of the inspection fees.
(4)
If the municipality determines that the amount in escrow for the payment of inspection fees, as calculated pursuant to § 300-50B(1)(a) and (b), is insufficient to cover the cost of additional required inspections, the municipality may require the developer to deposit additional funds in escrow, provided that the municipality delivers to the developer a written inspection escrow deposit request, signed by the City Engineer, which informs the developer of the need for additional inspections, details the items or undertakings that require inspection, estimates the time required for those inspections, and estimates the cost of performing those inspections.
C.
Additional inspections by zoning officer. Following final plan or plat approval, the Zoning Officer shall, in addition to the inspections required pursuant to § 300-50 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.
(1)
If the Zoning Officer 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 or Zoning Board of Adjustment,
as the case may be, of such fact and may, if he finds it necessary
to ensure compliance with the approved plans or plats, the decision
and resolution 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.
(2)
Board actions.
(a)
Within 30 days following such notice, the Planning Board or
Zoning Board of Adjustment, as the case may be, shall take one or
more of the following actions as it shall deem appropriate:
[1]
Compel the applicant to return to the Board for a formal explanation
of the noncompliance;
[2]
Commence such steps as it shall deem necessary to compel compliance
with the final plan or plat approval;
[3]
Revoke, by resolution, the final plan or plat approval and all
prior approvals and related or resulting permits; and/or
[4]
Pursue such other remedies as may be available to enforce compliance
with this chapter and to punish any failure to comply.
(b)
The exercise of any of the foregoing actions shall in no way
bar or limit the taking of any other of the foregoing actions if,
in the discretion of the Board, such actions are appropriate.
D.
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 City 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.
(3)
Completion and final inspection.
(a)
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.
(b)
Upon receipt of such notice, the City Engineer shall inspect
all of the improvements, facilities and work and shall, within 45
days from receipt of the notice from the obligor, file a detailed
written report with the City Council, indicating either approval,
partial approval or rejection of the improvements and facilities,
with 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. The City Engineer shall simultaneously send a
copy of such report to the obligor.
(4)
Action by City Council.
(a)
Within 45 days from receipt of the report of the City Engineer,
the City Council shall, by resolution, either approve, partially approve
or reject the improvements, facilities and work on the basis of said
report and shall, within such 45 days, 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 notification
shall also be sent by City Council to the surety. Failure of City
Council to send or provide such notification to the obligor within
such 45 days shall be deemed to constitute approval of the improvement,
facility or work which was the subject of the obligor's original notice.
(b)
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.
(c)
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, decision and
resolution 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.
E.
Building and other permits. Except as otherwise expressly provided in § 300-36G(2)(j), upon, but not before, receiving notice from the Zoning Officer 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 an 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 § 300-49 hereof have been completed and accepted as therein provided.
