[Ord. 93-5 § 801,
1993; amended by Ord. 99-14 § 3,
1999; 11-28-2023 by Ord. No. 2023-15]
A.
Subdivision Review. All subdivisions, as defined under Chapter 16.08, are subject to the review procedures specified in this chapter.
B.
Site Plan Review. No construction permit shall be issued for any
new structure or for an addition or alteration to an existing structure,
and no certificate of occupancy shall be issued for any change of
use of an existing structure until the site plan has been reviewed
and approved by the municipality except that:
1.
A construction permit for a single-family detached dwelling unit
or a two-family dwelling unit and/or their accessory building(s) or
uses on a lot shall not require site plan approval; except that the
use of any existing or proposed principal or accessory building for
a "home occupation" as defined and permitted by this title shall require
a zoning permit prior to the issuance of a construction permit or
certificate of occupancy. The foregoing shall in no way affect the
responsibility of an applicant to submit the necessary information
and receive the necessary approvals as may be required pursuant to
other ordinances.
2.
Any change* of use from nonresidential to nonresidential shall not
require site plan approval if (a) both the construction official and
zoning stipulate to the land use board that the existing site development
meets the requirements of the land development ordinances of the Borough
use; (b) the new use does not require an increase in the number of
parking spaces; and (c) the new use does not result in an increase
in the of uses for the development.
* Change shall include, but shall not be limited to, any change
to another, identical or similar nonresidential use and/or an additional
business, lessee or tenant.
3.
Fences not included as part of a site plan application shall not
require site plan approval, but shall require the issuance of a fence
permit.
4.
Signs not included as part of a site plan application shall not require site plan approval except that any signs exceeding 25 square feet in area shall require minor site plan review and approval. All signs shall require the issuance of a sign permit except as exempted in Section 16.52.130 of this title.
5.
An applicant may elect to file for preliminary and final site plan
approval simultaneously to expedite the review process. The site plan
shall be prepared according to the requirements stipulated for final
approval. Developers electing to by-pass the preliminary approval
stage are doing so at the peril of added expense if changes in design
are required.
C.
Variance Relief. All applications for variance relief to the board not involving any related site plan, subdivision or conditional use approval shall be filed at least three weeks prior to the meeting. The filing shall include 18 copies of any maps and related material; 18 completed copies of the appropriate application form(s), which includes the checklist for variances pursuant to N.J.S.A. 40:55D-10.3 attached to the ordinance codified in this title; and the fee in accordance with Chapter 16.84 of this title. The board shall act upon the application as stipulated by law.
D.
Informal Review by the Land Use Review Board.
1.
At the request of a developer, the land use review board shall grant
one informal review, without fee and not to exceed 15 minutes of duration,
regarding a concept plan for a development for which a developer intends
to prepare and submit an application for development.
2.
While no fee shall be required for the one informal review, any subsequent informal review shall require that a fee be posted in accordance with Chapter 16.84 of this title, which fee shall be credited towards the fee for review of a development application, if subsequently submitted.
3.
The developer shall not be bound by any concept plan for which the
review is requested; and the land use review board shall not be bound
by any such review.
4.
A developer desiring to have a concept plan informally reviewed by
the land use review board shall so notify the administrative at least
four weeks prior to the meeting of the board. The administrative officer
shall thereafter notify the developer of the time and place which
has been scheduled by the land use review board for the informal review.
[Ord. 93-5 § 802,
1993; amended 11-28-2023 by Ord. No. 2023-15]
A.
Procedure for Submitting Minor Subdivision Plats and Minor Site Plans. The applicant shall submit to the administrative officer at least four weeks prior to the meeting: 18 copies of the minor plat or plan; 18 copies of the appropriate application(s) which includes the checklist(s) pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter; and a fee in accordance with Chapter 16.84 of this title. The application shall contain an acknowledgement signed by the applicant stating that the applicant is familiar with the procedure set forth in this chapter for submitting and acting upon minor subdivision plats and minor site plans, and agrees to be bound by it. The administrative officer shall process the application and shall issue an application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats or plans and other documents for processing in conjunction with the application.
B.
Details Required for Minor Subdivision Plats and Minor Site Plans.
Each minor plat or minor plan shall be drawn by a professional engineer
and/or land surveyor licensed to practice in the state of New Jersey
and shall bear the signature, seal, license number and telephone number
of the professional engineer and/or land surveyor; provided, however,
that all engineering data shall be signed and sealed by a professional
engineer and all surveying data shall be signed and sealed by a professional
land surveyor.
Each submission shall be drawn at an appropriate scale not less
than one inch equals 20 feet and shall be submitted on one of three
of the following standard sheet sizes: 8 1/2 inches by 13 inches;
15 inches by 21 inches; or 24 inches by 36 inches, with all sheets
submitted of the same size.
Each minor plat or plan shall show the following information,
as such information is applicable to the minor subdivision or minor
site plan submission:
1.
A key map showing the entire tract and its relation to the surrounding
area at a scale of one inch equals not more than 400 feet;
2.
Title block in accordance with the rules governing title blocks for
professional engineers (N.J.S.A. 45:8-36), including:
a.
Name of subdivision or development, Borough of Ship Bottom and
Ocean County,
b.
Name, title, address and telephone number or subdivider or developer,
c.
Name, title, address and license number of the professional
or professionals who prepared the plat or plans,
d.
Name, title and address of the owner or owners of record,
e.
Scale (written and graphic), and
f.
Date of original preparation and of each subsequent revision
thereof and a list of the specific revisions entered on each sheet;
3.
Acreage figures (both with and without areas within public rights-of-way)
and north arrow;
4.
Certification that the applicant is the owner of the land or his
or her properly authorized agent, or that the owner has given his
or her consent under an option agreement;
5.
Concerning corporations or partnerships, a list of names and addresses
of all stockholders or individual partners owning at least 10% of
its stock of any class as required by N.J.S.A. 40:55D-48.1 et seq.;
7.
Existing block and lot number(s) of the lot(s) to be subdivided or
developed as they appear on the Borough tax map, and proposed block
and lot numbers as provided by the Borough tax assessor upon written
request;
8.
Tract boundary line (heavy solid line) and existing or proposed subdivision
or property lines;
9.
Zoning districts affecting the tract, including district names and
requirements, with a comparison to the application;
10.
The location of existing and proposed property lines (with bearings
and distances), streets, structures (with the their numerical dimensions
and an indication as to whether existing structures will be retained
or removed), parking spaces, loading areas, driveways, watercourses,
railroads, bridges, culverts, drainpipes, any natural features such
as treed areas, both within the tract and within 100 feet of its boundary;
11.
The location and width of all existing and proposed utility
easements and rights-of-way, the use(s) for which they are intended
to be limited, and the manner in which the easements will be controlled;
12.
Proposed buffer and landscaped areas and the location and identification
of existing vegetation with an indication as to whether it is to remain
or be removed;
13.
Delineation of streams, ponds, floodplains, marshes, wetlands
and lands subject to flooding within the tract and within 100 feet
of the tract;
14.
Flood zone, flood elevation and proposed elevation of lowest
floor level;
15.
Contours as shown on the USGS topographic sheets and proposed
grades;
16.
The names of all adjacent property owners and adjacent block
and lot numbers as they appear on the most recent tax list prepared
by the Borough tax assessor;
17.
Certificate from the Borough tax collector that all taxes and
assessments are paid to date;
18.
Concerning minor subdivisions only, existing and proposed monuments;
19.
Concerning minor site plans only, lighting details, sign details,
circulation and parking details and drainage calculations and proposed
drainage improvements and details;
20.
Proposals for soil erosion and sediment control as required
by N.J.S.A. 4:24-39 et seq.;
21.
No minor subdivision or minor site plan involving any street(s)
additional right-of-way width as specified in the master plan or official
map and the street requirements of this title shall be approved unless
such additional right-of-way, either along one or both sides of such
specified streets, as applicable, shall be granted to the Borough
or other appropriate governmental agency;
22.
Plans of proposed improvements and utility layouts including
sewers, storm drains and waterlines, and feasible connections to gas,
telephone and electrical utility systems. If private utilities are
proposed, they shall comply fully with all Borough, county, state
and federal regulations. If service will be provided by an existing
utility company, in lieu of detailed plans, a letter from that company
stating that service will be available before occupancy will be sufficient.
Additionally, letters from the appropriate county and state agencies
granting approval for the extension of utility service(s) under their
respective jurisdiction shall be submitted with the application;
23.
No minor subdivision or minor site plan involving any corner
lot shall be approved unless a sight triangle easement shall be granted
as specified in this title;
24.
Deed descriptions including metes and bounds, easements, covenants,
restrictions and roadway and sight triangle dedications shall be submitted
for approval and required signatures prior to filing with the county
recording officer.
C.
Action by the Borough on Minor Subdivision Plats and Minor Site Plans.
1.
The administrative officer, with the assistance of the board engineer
and board attorney, shall review the application for the purpose of
determining, within 45 days of its submission, whether such application
is complete. Thereafter:
a.
If such application is found to contain all of the information required by Subsection B of this section, the administrative officer shall certify that such application is complete, and direct the application to the land use review board.
b.
If such application is found to lack some of the information required by Subsection B of this section, the administrative officer shall either:
i.
Cause the applicant to be notified, in writing, that such application
is incomplete, specifying the deficiencies in the application; or
ii.
If waivers of checklist items have been specifically requested
by the applicant in the application for development, the board shall
act on the request for waivers within 45 days of application submission.
If the board reasonably concludes that the missing items of information
are not necessary to make an informed decision on the application,
the board may waive the requirement that such items be supplied as
a prerequisite for completeness and certify that the application is
complete notwithstanding the missing items. If the waivers are granted,
the application is complete as long as all other requirements for
submission have been satisfied. If the waivers are denied, the application
is incomplete until missing information is submitted. At that time,
the application is complete if all other requirements for submission
have been satisfied.
c.
An applicant who has been notified that his or her application is incomplete may request waiver of one or more of the submission requirements set forth in Subsection B of this section, and such request shall be the subject of a resubmitted application which shall be acted upon in accordance with Subsection (C)(1)(a) or (C)(1)(b) of this section.
d.
In the administrative officer fails to act pursuant to Subsection
(C)(1)(a) or (C)(1)(b) of this section within 45 days of the date
of submission of the application, such application shall be deemed
complete as of the forty-sixth-day following its submission.
2.
On the date the application is certified complete, on the forty-sixth-day
following the submission of the application, in the event the Borough
fails to make a determination of completeness, as the case may be,
the applicable time period within which the board must act upon the
application shall commence. In any case, the applicant is obliged
to prove that he or she is entitled to approval of the application.
The board may subsequently require correction of any information found
to be in error, may require submission of additional information not
specified in this title, and/or may require revisions in the application
documents; as are reasonably necessary to make an informed decision
as to whether the requirements for approval of the application have
been met, provided that the application shall not be deemed incomplete
for lack of any such additional information or revisions.
3.
Promptly after certification of completeness, the application documents
shall be distributed by the administrative officer to the following:
a.
The land use review board (11 copies of the minor plat or plan
and 11 copies of the application);
b.
Board planner (one copy each of the minor plat or plan and the
application);
c.
Board engineer (one copy each of the minor plat or plan and
the application);
d.
Board attorney (one copy each of the minor plat or plan and
the application);
e.
Borough fire subcode official (one copy each of the minor plat
or plan and the application);
f.
Ocean County planning board (one copy each of the minor plat
or plan and the application); and
g.
At the direction of the land use review board, additional copies
of the minor plat or plan shall be sent to other municipal, county
or state agencies as may be designated by the board.
4.
The land use review board shall take action on minor subdivision
and minor site plan applications within 45 days after the application
has been certified complete or within such further time as may be
consented to by the applicant. Failure of the board to act within
the prescribed time period shall constitute approval of the application.
Whenever any minor subdivision or minor site plan application
which includes any requested variance relief is being considered by
the board, such application shall be acted upon within 120 days after
the application has been certified complete or within such further
time as may be consented to by the applicant. Failure of the board
to act within the prescribed time period shall constitute approval
of the application.
5.
Any designated subdivision committee or site plan committee, as the
case may be, shall read any written report submitted concerning the
application and shall review the submission to ascertain its classification
and conformity with the requirements of this title. The subdivision
committee or site plan committee, as the case may be, shall offer
its recommendations to the board.
6.
Any proposed application for development determined by the board
to be creating, imposing, aggravating or leading to the possibility
of an adverse effect upon either the property in question or upon
any adjacent properties, may be required to be revised to remove any
adverse effect(s) prior to further review or approval by the board,
or, where the remaining portion of the original tract is sufficient
to be subdivided or developed further, the applicant may be required
to submit a sketch of the entire remaining portion of the tract to
indicate a feasible plan whereby the applied-for subdivision or development,
together with subsequent subdivision(s) or development(s), may be
submitted that will not create, impose, aggravate or lead to any adverse
effect.
7.
All hearings held on applications for minor subdivision or site plan
approval shall require public notice of the hearing. The board shall
set the date, time and place for the public hearing and shall inform
the applicant of this at least 14 days prior to the hearing date.
Notice of the hearing shall be given by the applicant at least 10
days prior to the date or the hearing (see Section 16.76.040(D).
8.
When a minor subdivision or minor site plan is approved by the board,
a notation to that effect, including the date of approval, shall be
made on a master copy. At least 10 prints of the plat or plan and
any related deed descriptions to be filed with the county recording
officer shall be signed by the board engineer and the chairperson
or secretary of the board (or acting chairperson or secretary where
either or both may be absent). No further approval of the application
shall be required and the secretary of the board, within 10 days of
the date of approval, shall notify the applicant of the board's action.
Additionally, the secretary of the board shall forward the applicant
a copy of the approval resolution, adopted in accordance with Section
16.76.040(F) of this title, within 10 days of its adoption by the
board.
9.
When a minor subdivision or minor site plan is disapproved by the
board, the secretary of the board, within 10 days of such action,
shall notify the applicant of such disapproval. Additionally, the
secretary of the board shall forward the applicant a copy of the disapproval
resolution, adopted in accordance with Section 16.76.040(F) of this
title, within 10 days of its adoption by the board, setting forth
the reasons for the disapproval.
10.
Within 190 days from the date on which the resolution of approval
of a minor subdivision is adopted by the board, a plat map drawn in
compliance with the Map Filing Act, P.L. 190 c. 141 (C.46:29-9.9,
et seq.) or deed description, properly drafted and signed by the chairperson
or secretary of the board (or the acting chairperson or secretary
where either or both may be absent), shall be filed by the subdivider
with the county recording officer; provided that if an applicant elects
to file a deed, such deed shall be accompanied with a photographically-reduced
copy of the approved plat. Unless filed within the 190 days or an
extension for filing is granted by the board, the approval shall expire
and will require board approval as in the first instance.
The land use review board may extend the 190-day period for
filing a minor subdivision or deed if the developer proves to the
reasonable satisfaction of the board: (a) that the developer was barred
or prevented, directly or indirectly, from filing because of delays
in obtaining legally required approvals from other governmental or
quasi-governmental entities; and (b) that the developer applied promptly
for and diligently pursued the required approvals. The length of the
extension shall be equal to the period of delay caused by the wait
for the required approvals, as determined by the land use review board.
The developer may apply for the extension either before or after what
would otherwise be the expiration date.
11.
The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which a minor site plan or subdivision
approval was granted, shall not be changed for a period of two years
after the date of minor site plan approval or the date on which the
resolution of minor subdivision approval is adopted by the board;
provided that the approved minor subdivision shall have been duly
recorded as provided in this section. The land use review board shall
grant an extension of this period for a period determined by the board
but not exceeding one year from what would otherwise be the expiration
date, if the developer proves to the reasonable satisfaction of the
board that the developer was barred or prevented, directly or indirectly,
from proceeding with the development because of delays in obtaining
legally-required approvals from other governmental entities and that
the developer applied promptly for and diligently pursued the approvals.
A developer shall apply for this extension before: (a) what would
otherwise be the expiration date; or (b) the ninety-first-day after
the date on which the developer receives the last of the legally-required
approvals from the other governmental entities, whichever occurs later.
12.
Before the secretary of the board returns any approved minor
subdivision or minor site plan to the applicant, the applicant shall
provide additional copies of the plat or plan as may be necessary
in order to furnish copies to each of the following:
[Ord. 93-5 § 803,
1993; amended 11-28-2023 by Ord. No. 2023-15]
A.
Procedure for Submitting Preliminary Major Subdivision Plats and Preliminary Major Site Plans. The applicant shall submit to the administrative officer at least four weeks prior to the meeting: 18 copies of the preliminary plat or preliminary plan; 18 completed copies of the appropriate applications which includes the checklist(s) pursuant to N.J.S.A. 40:55D-10.3 attached to this title; 18 copies of any protective covenants or deed restrictions applying to the land being subdivided or developed; and a fee in accordance with Chapter 16.84 of this title. The application shall contain an acknowledgment signed by the applicant, stating that the applicant is familiar with the procedure set forth in this section for submitting and acting upon preliminary major subdivision plats and preliminary major site plans, and agrees to be bound by it. The administrative officer shall process the application and shall issue an application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats or plans and other documents submitted for processing in conjunction with the application.
B.
Details Required for Preliminary Major Subdivision Plats and Preliminary
Major Site Plans. Each preliminary plat or preliminary plan shall
be drawn by a professional engineer and/or land surveyor licensed
to practice in the state of New Jersey and shall bear the signature,
seal, license number and telephone number of the professional engineer
and/or land surveyor; provided, however, that all engineering data
shall be signed and sealed by a professional engineer and all surveying
data shall be signed and sealed by a professional land surveyor.
Each submission shall be drawn at an appropriate scale not less
than one inch equals 30 feet for tracts up to five acres or one inch
equals 50 feet for tracts greater than five acres and shall be submitted
on one of three of the following standard sheet sizes: 8 1/2
inch by three-inch; fifteen-inch by twenty-one-inch; or twenty-four-inch
by thirty-six-inch, with all sheets submitted of the same size.
Each preliminary plat or plan shall show the following information,
as appropriate to a subdivision plat or site plan, unless the municipal
agency determines and so notifies the applicant that such information
either is unnecessary or inapplicable to the particular subdivision
or development plan:
1.
A key map showing the entire tract and its relation to the surrounding
areas and relation to the nearest arterial or collector street, at
a scale of one inch equals not more than 400 feet;
2.
Title block in accordance with the rules governing title blocks for
professional engineers (N.J.S.A. 45:8-36), including:
a.
Name of subdivision or development, Borough of Ship Bottom,
Ocean County,
b.
Name, title, address and telephone number of subdivider or developer,
c.
Name, title, address and license number of the professional
or professionals who prepared the plat or plan,
d.
Name, title and address of the owner or owners of record,
e.
Scale (written and graphic), and
f.
Date of original preparation and of each subsequent revision
and a list of the specific revisions entered on each sheet;
3.
North arrow;
4.
Certification that the applicant is the owner of the land or his
or her properly authorized agent, or that the owner has given his
or her consent under an option agreement;
5.
Concerning corporations or partnerships, a list of names and addresses
of all stockholders or individual partners owning at least 10% of
its stock of any class as required by N.J.S.A. 40:55D-48.1 et seq.;
7.
Acreage to the nearest tenth of an acre and a computation of the
area of the tract to be disturbed or subdivided;
8.
The names and lot and block numbers of all property owners within
200 feet of the extreme limits of the tract as shown on the most recent
tax list prepared by the Borough tax assessor;
9.
Existing tax sheet number(s) and existing block and lot number(s)
of the lot(s) to be subdivided or developed as they appear on the
Borough tax map, and proposed block and lot numbers as provided by
the Borough tax assessor upon written request;
10.
Tract boundary line (heavy solid line) and any existing and
proposed subdivision or property lines within the tract and number
of lots;
11.
Zoning districts affecting the tract, including district names
and requirements, with a comparison to the application, and zoning
districts within 200 feet of the tract;
12.
The locations of manmade and natural features such as bridges,
wetlands, treed areas, high points, marshes and depressions, both
within the tract and within 100 feet of its boundaries;
13.
The location and species of all existing individual trees or
groups of trees having a caliper of six inches or more measured three
feet above the ground level shall be shown within the portion(s) of
the tract to be disturbed as a result of the proposed development,
indicating which trees are to remain and which are to be removed;
14.
A landscape plan showing the proposed location of all proposed
plantings, screening and buffering, a legend listing the botanical
and common names, the sizes at the time of planting, a planting schedule,
method of irrigation, the total quantity of each plant, and the location
of each plant keyed to the plan or plat;
15.
Flood zone, flood elevation and proposed elevation of lowest
floor level;
16.
All existing and proposed watercourses within the tract and
within 200 feet of the tract shall be shown and accompanied by the
following information:
a.
When a stream is proposed for alteration, improvement or relocation
or where a drainage structure or fill is proposed over, under, in
or along a running stream, a report on the status of review by the
State Department of Environmental Protection, Division of Water Resources,
shall accompany the submission.
b.
Cross-sections of watercourses and/or drainage swales at an
approximate scale showing the extent of the floodplain, top of bank,
normal water levels and bottom elevations at the locations required
by the Borough engineer,
c.
The location and extent of drainage and conservation easements
and stream encroachment lines, and
d.
The location, size, direction of flow and type of adequate drainage
provisions to reasonably reduce and minimize exposure to flood damage;
17.
Existing and proposed contours with intervals of one foot where
slopes are less than 5% with intervals of two feet where slopes are
shown between 5% and 10%; and with intervals of five feet where slopes
exceed 10%. All contour information shall be related to USGS datum.
Existing contours shall be shown as a dashed line; finished grades
shall shown as a solid line;
18.
Proposals for soil erosion and sediment control as required
by N.J.S.A. 4:24-39, et seq., and in accordance with the Ocean County
soil conservation district;
19.
Locations of all existing structures and their uses, both within
the tract and within 100 feet of its boundary, showing existing and
proposed front, rear and side yard setback distances and an indication
of whether the existing structures and uses will be retained or removed;
20.
Size, height and location of all proposed buildings (including
grades), structures, signs and fences, including details for any signs,
fences and trash enclosures;
21.
All dimensions necessary to confirm conformity to this title
such as the size of the tract and any proposed lot(s), the number
of lots being created, structure setbacks, structure heights, yards
and building and lot coverages. All tract and lot sizes shall be expressed
in acres and square feet and shall include bearings and distances;
22.
The proposed location, height, direction of illumination, power
and type of proposed outdoor lighting, including details of lighting
poles and luminaries, hours and time of lighting;
23.
Existing and proposed street and lot layout with dimensions
correct to scale, showing that portion proposed for development in
relation to the entire tract, and existing lot lines to be eliminated;
24.
The location and design of any off-street parking or loading
area, showing size and location of bays, aisles and barriers, curbing
and paving specifications;
25.
All means of vehicular access and egress to and from the site
onto public streets, showing the size and the location of driveways,
sidewalks, fire lanes and curb cuts, including the possible utilization
of traffic signals, channelization, acceleration and deceleration
lanes, sight triangle easements, additional width and other proposed
devices necessary to prevent a difficult traffic situation;
26.
The application shall include plans and computations for any
storm drainage system including the following as may be required by
the Borough engineer:
a.
All existing or proposed storm sewer lines within or adjacent
to the tract showing profile, size and slope of the lines, direction
of flow and the location of each catch basin, inlet, manhole, culvert,
headwall and utility lines including pipe size and grades,
b.
The location and extent of any proposed groundwater recharge
basins, detention basins or other water or soil conservation or drainage
devices, with cross-sections every 50 feet at right angles to the
long access of the basin, each extending 75 feet beyond the top of
the rim of the basin on each side,
c.
A map drawn to scale (minimum scale one inch equals 100 feet)
showing the contributing area to each inlet or cross-drain,
d.
A weighted run-off coefficient for each drainage area shall
be determined for use in the computations, and
e.
A report by the design engineer containing the criteria used,
alternates considered, reasons for selection and design calculations;
27.
The location and size of existing structures such as water and
sewer mains, valves, hydrants, utility structures, gas transmission
lines and high tension power lines on the tract and within 200 feet
of its boundaries;
28.
Plans of proposed improvements and utility layouts including
sewers, storm drains and water lines, and feasible connections to
gas, telephone and electrical utility systems, including plans, profiles
and details of all existing and proposed sanitary sewage facilities
and water mains with proposed connections. If private utilities are
proposed, they shall comply fully with all Borough, county, state
and federal regulations. If service will be provided by an existing
utility company, in lieu of detailed plans, a letter from that company
stating that service will be available before occupancy will be sufficient.
Additionally, letters from the appropriate county and state agencies
granting approval for the extension of utility service(s) under their
respective jurisdiction shall be submitted with the application;
29.
Plans, typical cross-sections and construction details, horizontal
and vertical alignments of the centerline of all proposed streets
and of all existing streets abutting the tract including street names.
The vertical alignments shall be based on USGS vertical datum or a
more specified datum supplied by the Borough engineer, including curbing,
sidewalks, street trees and planting strips, storm drains and gutters,
drainage structures and cross-sections every half and full station
of all proposed streets and of all existing streets abutting the tract.
Sight triangles, the radius of curblines and street sign locations
shall be clearly indicated at the intersections. The width of cartway
and right-of-way, location and width of utility lines, type and width
of pavement and final design grades shall be included;
30.
Any protective covenants or deed restrictions applying to the
land being developed shall be submitted with the application and/or
indicated on the submitted plat or plan;
31.
The names, location and width of all existing and proposed easements
and rights-of-way, the use(s) for which they are intended to be limited,
the manner in which the easements will be controlled, and to whom
they are granted;
32.
The proposed permanent monuments shall be shown, in accordance
with the Map Filing Law, N.J.S.A. 46:23-9.9;
33.
Concerning site plans only, the proposed use and operations
of the buildings, the proposed number of shifts to be worked, the
maximum number of employees on each shift, and the hours of operation
open to public use;
34.
Certificate from the Borough tax collector that all taxes and
assessments are paid to date;
35.
Concerning major site plans only, detailed floor plans of the
entire structure, existing and proposed, and signed and sealed, scaled
architectural elevations by a licensed New Jersey architect of the
front, side and rear of any structure to be erected or modified showing
the exterior facade and materials to be used in construction and any
attached signage;
36.
The board reserves the right to require additional information
before granting preliminary approval when unique circumstances affect
the tract and/or when the application for development poses special
problems for the tract and surrounding area. Such information shall
include, but not be limited to, drainage calculations and traffic
analyses; provided, however, that no application shall be declared
incomplete for the lack of such additional information.
C.
Action by the Borough on Preliminary Major Subdivision Plats and
Preliminary Major Site Plans.
1.
The administrative officer, with the assistance of the board engineer
and board attorney, shall review the major subdivision or major site
plan application for the purpose of determining, within 45 days of
its submission, whether such application is complete. Thereafter:
a.
If such application is found to contain all of the information required by Subsection B of this section, the administrative officer shall certify that such application is complete, and direct the application to the board.
b.
If such application is found to lack some of the information required by Subsection B of this section, the administrative officer shall either:
i.
Cause the applicant to be notified, in writing, that such application
is incomplete, specifying the deficiencies in the application; or
ii.
If waivers of checklist items have been specifically requested
by the applicant in the application for development, the land use
review board shall act on the request for waivers within 45 days of
application submission. If the board reasonably concludes that the
missing items of information are not necessary to make an informed
decision on the application, the board may waive the requirement that
the items be supplied as a prerequisite for completeness and certify
that the application is complete notwithstanding the missing items.
If the waivers are granted, the application is complete as long as
all other requirements for submission have been satisfied. If the
waivers are denied, the application is incomplete until missing information
is submitted. At that time, the application is complete if all other
requirements for submission have been satisfied.
c.
An applicant who has been notified that his or her application is incomplete may request waiver of one or more of the submission requirements set forth in Subsection B of this section, and such request shall be the subject of a resubmitted application which shall be acted upon in accordance with Subsection (C)(1)(a) or (C)(1)(b) of this section.
d.
In the event the administrative officer fails to act pursuant
to Subsection (C)(1)(a) or (C)(1)(b) of this section within 45 days
of the date of submission of the application, such application shall
be deemed complete as of the forty-sixth-day following its submission.
2.
On the date the application is certified complete, or on the forty-sixth-day
following the submission of the application, in the event the administrative
officer fails to make a determination of completeness, as the case
may be, the applicable time period within which the board must act
upon the application shall commence. In any case, the applicant is
obliged to prove that he or she is entitled to approval of the application.
The board may subsequently require correction of any information found
to be in error, may require submission of additional information not
specified in this title, and/or may require revisions in the application
documents; as are reasonably necessary to make an informed decision
as to whether the requirements for approval of the application have
been met, provided that the application shall not be deemed incomplete
for lack of any such additional information or revisions.
3.
Promptly after certification of completeness, the application documents
shall be distributed by the administrative officer to the following:
a.
The land use review board (11 copies each of the preliminary
plat or plan, the application, and any protective covenants, easements
and/or deed restrictions);
b.
Board planner (one copy each of the preliminary plat or plan,
the application and any protective covenants, easements and/or deed
restrictions);
c.
Board engineer (one copy each of the preliminary plat or plan,
the application and any protective covenants, easements and/or deed
restrictions);
d.
Board attorney (one copy each of the preliminary plat or plan,
the application and any protective covenants, easements and/or deed
restrictions);
e.
Borough fire subcode official (one copy of the preliminary plat
or plan);
f.
Administrative officer (one copy each of the preliminary plat
or plan, the application and any protective covenants, easements and/or
deed restrictions);
g.
Board of health (one copy each of the preliminary plat or plan,
the application and any protective covenants, easements and/or deed
restrictions); and
h.
At the direction of the land use review board, additional copies
of the preliminary plat or plan and/or other items of submitted information
shall be sent to other municipal, county or state agencies and/or
to other professional consultants as may be designated by the board;
It shall be the applicant's responsibility, unless specifically
provided otherwise by this title, to submit the required application
to any agency (including but not limited to the Ocean County planning
board, the Ocean County soil conservation district, and the New Jersey
State Department of Environmental Protection) having jurisdiction
over any aspect of the proposed development;
4.
The land use review board shall take action on a preliminary major
site plan application involving 10 acres of land or less and 10 dwelling
units or less and/or a preliminary major subdivision application involving
10 lots or less within 45 days after the application has been certified
complete or within such further time as may be consented to by the
applicant. Failure of the board to act within the prescribed time
period shall constitute approval of the application; provided that
any preliminary major site plan or preliminary major subdivision application
which includes any requested variance relief shall be acted upon within
120 days or within such further time as may be consented to by the
applicant.
5.
The land use review board shall take action on a preliminary major
site plan application involving more than 10 acres of land or more
than 10 dwellings and/or a preliminary major subdivision application
involving more than 10 lots within 95 days after the application has
been certified complete or within such further time as may be consented
to by the applicant. Failure of the board to act within the prescribed
time period shall constitute approval of the application; provided
that any preliminary major site plan or preliminary major subdivision
application which includes any requested variance relief shall be
acted upon within 120 days or within such further time as may be consented
to by the applicant;
6.
Any designated subdivision committee or site plan committee, as the
case may be, shall read any written reports submitted concerning the
application and shall review the submission to ascertain its conformity
with the requirements of this title. The subdivision committee or
site plan committee, as the case may be, shall offer its recommendations
to the board.
7.
Any proposed application for development determined by the board
to be creating, imposing, aggravating or leading to the possibility
of an adverse effect upon either the property in question or upon
any adjacent properties, may be required to be revised to mitigate
any adverse effect(s) prior to further review or approval by the board,
or, where the remaining portion of the original tract is sufficient
to be subdivided or further developed, the applicant may be required
to submit a sketch of the entire portion of the tract to indicate
a feasible plan whereby the applied-for subdivision or development,
together with subsequent subdivision(s) or development(s), may be
submitted that will not create, impose, aggravate or lead to any such
adverse effect.
8.
In the case of planned developments only, the board shall find the
following facts and conclusions prior to granting approval:
b.
That the proposals for maintenance and conservation of the common
space are reliable, and the amount, location and purpose of the common
open space are adequate;
c.
That provision through the physical design of the proposed development
for public services, control over vehicular and pedestrian traffic,
and the amenities of light and air, recreation and visual enjoyment
are adequate;
d.
That the proposed planned development will not have an unreasonably
adverse impact upon the area in which it is proposed to be established;
and
e.
In the case of a proposed development which contemplates construction
over a period of years, that the terms and conditions intended to
protect the interests of the public and of the residents, occupants
and owners of the proposed development in the total completion of
the development are adequate.
9.
All hearings held on applications for preliminary major subdivision
approval and/or preliminary major site plan approval shall require
public notice of the hearing. The board shall set the date, time and
place for the public hearing and shall inform the applicant of this
at least 14 days prior to the hearing date. Notice of the hearing
shall be given by the applicant at least 10 days prior to the date
of the hearing (see Section 16.76.040(D)). Alternate design submissions
will not be accepted; only one plat design will be accepted for public
hearing.
10.
For any application that is heard by the land use review board
and is continued for additional studies, reports, plans or revisions
to previously submitted material, the new or revised material must
be submitted to the Borough at least 21 days prior to the hearing
at which the new material is to be considered by the board.
11.
If the board acts favorably on the preliminary plat or plan,
the board engineer and the chairperson and secretary of the board
(or the acting chairperson or secretary, where either or both may
be absent) shall affix their signatures to at least 10 copies of the
plat or plan with the notification that it has been approved. The
applicant shall furnish such copies to the board.
12.
Should minor revisions or additions to the plat or plan be deemed
necessary, the board may grant preliminary approval subject to specified
conditions and receipt of revised plans within 30 days from the date
of such approval. Revised plans will then be reviewed by the board
engineer and planner to verify conformity with the resolution of approval
within 30 days after receipt of the revised submission. Five copies
of the revised, verified plan should then be signed by the board engineer.
Two copies will be sent to the Borough and one copy will be returned
to the applicant. After the final development plans have been approved
by the board engineer, seven complete sets should be submitted to
the Borough. The plans will be stamped approved and distributed to
the Borough engineer, the Borough clerk, the Borough zoning officer
and Ocean County planning board with one set returned to the applicant.
13.
Any substantial plan revision required by an outside reviewing
agency, including the county planning board, after final action by
the land use review board, will require a new substantive review.
Whenever a development application which has been the subject of a
public hearing has been substantially amended, the board shall require
that an amended plat or plan be submitted and acted upon as in the
case of the original application.
14.
If the board, after consideration and discussion of the preliminary
plat or plan, determines that it is unacceptable, a notation shall
be made by the chairperson of the board to that effect on the plat
or plan and a resolution adopted in accordance with Section 16.76.040(F)
of this title setting forth the reasons for such rejection. One copy
of the plat or plan and such resolution shall be returned to the applicant
within 10 days of the adoption of such resolution.
D.
Effect of Preliminary Approval of Major Subdivision Plats and Major
Site Plans.
1.
Preliminary approval shall confer upon the applicant the following
rights for a three-year period from the date on which the resolution
of preliminary approval is adopted:
a.
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including but not limited to: use
requirements; layout and design standards for streets, curbs and sidewalks;
lot size; yard dimensions; and off-tract improvements; and in the
case of a site plan, any requirements peculiar to site plan approval;
except that nothing therein shall be construed to prevent the municipality
from modifying by ordinance such general terms and conditions of preliminary
approval as relate to public health and safety;
b.
That the applicant may submit for final approval, on or before
the expiration date of preliminary approval, the whole or a section
or sections of the preliminary plat or plan; and
c.
That the applicant may apply for and the board may grant extensions
on such preliminary approval for additional periods of at least one
year, but not to exceed a total extension of two years, provided that
if the design standards have been revised by ordinance, such revised
standards may govern.
2.
In the case of a subdivision or of a site plan for an area 50 acres
or more, the land use review board may grant the rights referred to
in Subsection (D)(1) of this section for such period of time, longer
than three years, as shall be determined by the board to be reasonable,
taking into consideration:
a.
The number of dwelling units and nonresidential floor area permissible
under preliminary approval;
b.
Economic conditions; and
c.
The comprehensiveness of the development.
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The applicant may apply for thereafter, and the board may thereafter
grant, an extension to preliminary approval for such additional period
of time as shall be determined by the board to be reasonable, taking
into consideration:
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a.
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The number of dwelling units and nonresidential floor area permissible
under preliminary approval;
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b.
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The potential number of dwelling units and nonresidential floor
area of the section or sections awaiting final approval;
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c.
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Economic conditions;
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d.
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The comprehensiveness of the development; and
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e.
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Provided that if the design standards have been revised by ordinance,
such revised standards may govern.
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3.
Whenever the land use review board grants an extension of preliminary
approval pursuant to Subsection (D)(1)(c) or (D)(2) of this section
and preliminary approval has expired before the date on which the
extension is granted, the extension shall begin on what would otherwise
be the expiration date. The developer may apply for the extension
either before or after what would otherwise be the expiration date.
4.
The land use review board shall grant an extension of preliminary
approval for a period determined by the board but not exceeding one
year from what would otherwise be the expiration date, if the developer
proves to the reasonable satisfaction of the board that the developer
was barred or prevented, directly or indirectly, from proceeding with
the development because of delays in obtaining legally required approvals
from other governmental entities and that the developer applied promptly
for and diligently pursued the approvals. A developer shall apply
for this extension before: (a) what would otherwise be the expiration
date; or (b) the 91st day after the date on which the developer receives
the last of the legally required approval from the other governmental
entities, whichever occurs later. An extension granted pursuant to
this Subsection shall not preclude the land use review board from
granting an extension pursuant to Subsection (D)(1)(c) or (D)(2) of
this section.
[Ord. 93-5 § 804,
1993; amended 11-28-2023 by Ord. No. 2023-15]
A.
Procedure for Submitting Final Major Subdivision Plats and Final
Major Site Plans. A final plat or final plan shall be submitted to
the administrative officer within three years after the date of preliminary
approval or any authorized extension thereof. The applicant shall
submit to the administrative officer at least four weeks prior to
the meeting: 18 copies of the final major subdivision plat or final
major site plan; 18 copies of the appropriate application(s), which
includes the checklist(s) pursuant to N.J.S.A. 40:55D-10.3 attached
to this title. The application shall contain an acknowledgment signed
by the applicant stating that the applicant is familiar with the procedure
set forth in this section for submitting and acting upon final major
subdivision plats and final major site plans, and agrees to be bound
by it.
B.
Details Required for Final Major Subdivision Plats and Final Major
Site Plans. The following information shall be submitted:
2.
All additional details required at the time of preliminary approval
shall be submitted, including a copy of the signed preliminary plat
or plan in conformance with the resolution of approval;
3.
A sequence and time schedule for construction of all improvements;
4.
A section or staging plan, if proposed, indicating the portion of
the tract to be considered for final approval as part of the current
application and the relationship of the portion of the tract to the
remaining land area, including all applicable comparisons such as
parking spaces, building coverage, lot coverage, open space areas
and number of lots;
5.
Detailed architectural and engineering data including:
a.
An architect's design drawing of each building and sign or a
typical building and sign showing front, side and rear elevations,
b.
Cross-sections, plans, profiles and established grades of all
streets, aisles, lanes and driveways, including centerline geometry
and horizontal alignments with bearings, radii and tangents,
c.
Plans and profiles of all storm and sanitary sewers and water
mains,
d.
All dimensions of the exterior boundaries of any subdivision
shall be balanced and closed to a precision of one to 5,000 and the
dimensions of all lot lines to within one to 10,000. All dimensions,
angles and bearings must be tied to at least two permanent monuments
not less than 300 feet apart and all information shall be indicated
on the plat. At least one corner of the subdivision shall be tied
horizontally to the New Jersey State Grid Coordinate System and vertically
to the U.S. Geodetic Survey System, with the data on the plat as to
how the bearings were determined.
6.
Evidence that a duplicate copy(ies) of the application for development
has been filed with any other agency having jurisdiction over any
aspect of the proposed developments;
7.
The final submission shall be accompanied by the following documents:
a.
Certification from the Borough tax collector that all taxes
and assessments are paid to date,
b.
Letters directed to the chairperson of the board and signed
by a responsible official of the lighting agency, water company, sewer
utility and of any other company or governmental authority or district
which provides accessory utility service and has jurisdiction in the
area, approving each proposed utility installation design and stating
that the applicant paid the required fees for the utility connections
and service or installed all utility improvements in accordance with
the requirements of this title so that service will be available prior
to occupancy. The designing engineer(s) shall certify to the board
that the existing cross-section(s) and profile(s) have been run in
the field and the field notes shall be forwarded to the Borough engineer,
d.
A statement from the Borough engineer that: (i) all improvements installed prior to application have been inspected as provided in Section 16.84.020 of this title and as-built drawings have been submitted by the applicant for the installed improvements, and (ii) that such improvements installed prior to application for final approval that do not meet or exceed Borough standards shall be factored into the required performance guarantee.
C.
Action by the Borough on Final Major Subdivision Plats and Final
Major Site Plans.
1.
The administrative officer, with the assistance of the board engineer
and board attorney, shall review the application for the purpose of
determining, within 45 days of its submission, whether such application
is complete. Thereafter:
a.
If such application is found to contain all of the information required by Subsection B of this section, the administrative officer shall certify that such application is complete and direct the application to the appropriate board.
b.
If such application is found to lack some of the information required by Subsection B of this section, the administrative officer shall either:
i.
Cause the applicant to be notified, in writing, that such application
is incomplete, specifying the deficiencies in the application; or
ii.
If waivers of checklist items have been specifically requested
by the applicant in the application for development, the land use
review board shall act on the request for waivers within 45 days of
application submission. If the board reasonably concludes that the
missing items of information are not necessary to make an informed
decision on the application, the board may waive the requirement that
such items be supplied as a prerequisite for completeness and certify
that the application is complete notwithstanding the missing items.
If the waivers are granted, the application is complete as long as
all other requirements for submission have been satisfied. If the
waivers are denied, the application is incomplete until missing information
is submitted. At that time, the application is complete if all other
requirements for submission have been satisfied.
c.
An applicant who has been notified that his application is incomplete may request waiver of one or more of the submission requirements set forth in Subsection B of this section and such request shall be the subject of a resubmitted application which shall be acted upon in accordance with Subsection (C)(1)(a) or (C)(1)(b) of this section.
d.
In the event the administrative officer fails to act pursuant
to Subsection (C)(1)(a) or (C)(1)(b) of this section within 45 days
of the date of submission of the application, such application shall
be deemed complete as of the 46th day following its submission.
2.
On the date the application is certified complete, or on the 46th
day following the submission of the application, in the event the
administrative officer fails to make a determination of completeness,
as the case may be, the applicable time period within which the board
must act upon the application shall commence. In any case, the applicant
is obliged to prove that he or she is entitled to approval of the
application. The board may subsequently require correction of any
information found to be in error, may require submission of additional
information not specified in this title, and/or may require revisions
in the application documents; as are reasonably necessary to make
an informed decision as to whether the requirements for approval of
the application have been met, provided that the application shall
not be deemed incomplete for lack of any such additional information
or revisions.
3.
Promptly after certification of completeness, the application documents
shall be distributed by the administrative officer to the following:
a.
The land use review board (11 copies each of the final plat
or plan and the application);
b.
Board engineer (one copy each of the final plat or plan and
the application);
c.
Board attorney (one copy each of the final plat or plan);
d.
Administrative officer (one copy each of the final plat or plan
and the application for the Borough's files);
e.
Borough construction official (one copy each of the final plat
or plan); and
f.
At the direction of the land use review board, additional copies
of the final plat or plan and/or other items of submitted information
shall be sent to other municipal, county or state agencies and/or
to other professional consultants as may be designated by the board.
It shall be the applicant's responsibility, unless specifically
provided otherwise in this title, to submit the required application
to any agency (including, but not limited to the Ocean County planning
board and the New Jersey State Department of Environmental Protection
and Energy) having jurisdiction over any aspect of the proposed development.
4.
The board shall take action of final site plan and final subdivision
applications within 45 days after the application has been certified
complete or within such further time as may be consented to by the
applicant. Failure of the board to act within the prescribed time
period shall constitute approval of the application.
5.
Any designated subdivision committee or site plan committee, as the
case may be, shall read any written reports submitted concerning the
application and shall review the submission to ascertain its conformity
with the requirements of this title. The subdivision committee or
site plan committee, as the case may be, shall offer its recommendations
to the board.
6.
If the board acts favorably on the final plat or plan, the board
engineer and the chairperson and secretary of the board (or the acting
chairperson or secretary, where either or both may be absent) shall
affix their signatures to at least 10 paper copies of the plat or
plan with the notification that it has been approved. The applicant
shall furnish such copies to the board for signing. Moreover, in the
case of final subdivisions only, the applicant shall include for signing
one cloth copy and one mylar copy of the approved plat in addition
to the 12 paper copies.
7.
For any application that is heard by the board and is continued for
additional studies, reports, plans or revisions to previously submitted
material, the new or revised material must be submitted to the Borough
at least 21 days prior to the hearing at which the new material is
to be considered by the board.
8.
If plan revisions are required after a board hearing and decision,
plans will then be reviewed by the board engineer and planner to verify
conformity with the resolution of approval within 30 days after receipt
of the revised submission. Five copies of the revised, verified plan
should then be signed by the board engineer. Two copies will be sent
to the Borough and one copy will be returned to the applicant. After
the final development plans have been approved by the board engineer,
12 complete sets should be submitted to the Borough. The plans will
be stamped approved and distributed in accordance with Subsection
(C)(10) of this section.
9.
Any substantial plan revision required by an outside reviewing agency,
including the county planning board, after final action by the land
use review board will require a new substantive review.
Whenever a development application which has been the subject
of a public hearing has been substantially amended for the layout
of improvements or impact on adjoining properties, it shall be proceeded
upon as a new application.
10.
After approval of the final plat or plan by the board, the secretary
of the board shall retain four paper copies of the signed plat or
plan and shall furnish other copies to each of the following within
10 days from the date of the adoption of a resolution in accordance
with Section 16.76.040(F) of this title:
a.
Borough clerk (one paper copy);
b.
Borough engineer (one paper copy);
c.
Zoning officer (one paper copy);
d.
Borough tax assessor (one paper copy);
e.
Board of health (one paper copy);
f.
Borough building subcode official (one paper copy);
g.
The applicant (one paper copy);
h.
Ocean County planning board (one paper copy); and
i.
Such other municipal, county or state agencies and officials
as directed by the board.
11.
Within 95 days of the date of approval by the board of a final
subdivision plat, the subdivider shall file a copy of the approved
final subdivision plat with the Ocean County clerk. In the event of
failure to file within such 95 days, the approval of the major subdivision
shall expire and any further proceedings shall require the filing
of a new application as in the first instance. The board, for good
cause shown, may extend the filing for an additional 95 days.
a.
The subdivider shall return seven copies of the filed, final
subdivision plat to the Borough administrative officer for distribution
pursuant to Subsection (C)(10) of this section.
b.
The land use review board may extend the ninety-five-day or
190-day period if the developer proves to the reasonable satisfaction
of the board: (i) that the developer was barred or prevented, directly
or indirectly, from filing because of delays in obtaining legally-required
approvals from other governmental or quasi-governmental entities;
and (ii) that the developer applied promptly for and diligently pursued
the required approvals. The length of the extension shall be equal
to the period of delay caused by the wait for the required approvals,
as determined by the land use review board. The developer may apply
for an extension either before or after the original expiration date.
12.
If the board, after consideration and discussion of the final
plat or plan, disapproves the submission, a notation to that effect
shall be made by the chairperson of the board on the plat or plan.
The secretary of the board, within 10 days of such adoption, shall
notify the applicant of such disapproval and forward the applicant
a copy of the adopted resolution setting forth the reasons for the
disapproval.
D.
Effect of Final Approval of Major Subdivision Plats and Final Major
Site Plans.
1.
Final approval of a subdivision or site plan shall confer upon the
applicant the following rights for a period of two years from the
date on which the resolution of final approval is adopted:
a.
The zoning requirements applicable to the preliminary approval
first granted and all other rights conferred upon the developer, whether
conditionally or otherwise, shall not be changed.
b.
In the developer has followed the standards prescribed for final
approval, the board may extend the period of protection for extensions
of one year each, not exceeding three such extensions.
2.
In the case of a subdivision or site plan for a planned development
or residential cluster of 50 acres or more or in the case of a conventional
subdivision or site plan of 150 acres or more, the board may grant
the rights referred to in Subsection (D)(1) of this section for such
period of time, longer than two years, as shall be determined by the
board to be reasonable taking into consideration:
a.
The number of dwelling units and nonresidential floor area permissible
under final approval;
b.
Economic conditions; and
c.
The comprehensiveness of the development.
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The developer may apply for after such time, and the board may
after such time grant, an extension to final approval for such additional
period of time as shall be determined by the board to be reasonable
taking into consideration:
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a.
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The number of dwelling units and nonresidential floor area permissible
under final approval;
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b.
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The number of dwelling units and nonresidential floor area remaining
to be developed;
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c.
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Economic conditions; and
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d.
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The comprehensiveness of the development.
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3.
Whenever the land use review board grants an extension of final approval
pursuant to Subsection (D)(1)(b) or (D)(2) of this section and final
approval has expired before the date on which the extension is granted,
the extension shall begin on what would otherwise be the expiration
date. The developer may apply for the extension either before or after
what would otherwise be the expiration date.
4.
The land use review board shall grant an extension of final approval
for a period determined by the board, but not exceeding one year from
what would otherwise be the expiration date, if the developer proves
to the reasonable satisfaction of the board that the developer was
barred or prevented, directly or indirectly, from proceeding with
the development because of delays in obtaining legally required approvals
from other governmental entities and that the developer applied promptly
for and diligently pursued the approvals. A developer shall apply
for this extension before: (a) What would otherwise be the expiration
date; or (b) The 91st day after the date on which the developer receives
the last of the legally required approval from the other governmental
entities, whichever occurs later. An extension granted pursuant to
this subsection shall not preclude the land use review board from
granting an extension pursuant to Subsection (D)(1)(b) or (D)(2) of
this section.
