In all zones for all proposed uses, subdivisions, site development or construction, other than an exempt development, subdivision and/or site plan approval shall be required prior to:

a. The issuance of a building permit for any new structure or for any addition to or alteration of an existing structure;

b. The commencement, enlargement, expansion of any regulated use or activity;

c. The subdivision of land;

d. Any change of use to land or structure to a use for which any of the standards of this Ordinance are more restrictive or more stringent;

e. Any change in use from any existing or permitted use to any conditional use;

f. A change to any use from a motel, hotel, rooming house, guest house, multi- family dwelling or other similar establishment;

g. Any change in the size, or increase or decrease in the number of rooms, units or apartments in a motel, hotel, rooming house, guest house, or multi-family dwelling or other similar establishment;

h. Any increase in the size or increase in the number of rooms, or units, or apartments in a Bed and Breakfast;

i. Exception to this site plan review requirement is a change in use from a Bed and Breakfast to a single-family home with no more than two (2) pre-existing and legally created ancillary and/or accessory apartments. (Ord. #99-20, §8; Ord. #06-07, §4)

Any person wishing to undertake any regulated activity or use including but not limited to the following, shall first make application to the Zoning Officer for issuance of a Zoning Permit:

a. Construction of any new building, structure or improvement above or below ground including swimming pools, tennis courts, sheds and fences.

b. Addition to, or structural alteration to any existing building.

c. Change of use on any land or within any building or structure, except as exempted in Section 25-1500.2.4 below.

d. Construction, addition to or any alteration to any parking area, signs, lighting, drainage facility or any other site improvement above and/or below ground level.

e. Alteration of the existing condition of any parcel of land including the filling or excavation of land.

f. Prior to the filing of an approved subdivision or any construction authorized by an approved site plan.

g. Prior to the issuance of any Certificate of Occupancy. (Ord. #99-20, §8)

If the Zoning Officer shall determine that the proposed undertaking is an "exempt development" which conforms in all aspects to the requirements of this Ordinance and does not require direction for the issuance of a building permit pursuant to N.J.S.A. 40:5513-34 or 40:5513-35, he shall issue a Zoning Permit and the applicant may then apply for a building permit and/or other permits that may be required. (Ord. #99-20, §8)

If the Zoning Officer shall determine that the proposed undertaking is an "exempt development" but does not conform in all aspects to the requirements of this Ordinance and/or requires direction for the issuance of a building permit pursuant to N.J.S.A. 40:5513-34 or 40:5513-35 he shall instruct the applicant that Board of Adjustment approval of an application for development variance and/or direction for issuance of a building permit is required before a zoning permit may be issued allowing the applicant to apply for a building permit and/or other permits that may be required. (Ord. #99-20, §8)

If the Zoning Officer shall determine that the proposed undertaking is not an exempt development, he shall instruct the applicant that Planning Board or Board of Adjustment approval of an application for development is required. He shall further advise the applicant which Board has jurisdiction over the application for development and which of the following approvals are required:

a. Site Plan;

b. Subdivision;

c. Variance;

d. Conditional use;

e. Direction for the issuance of a building permit. (Ord. #99-20, §8)

**Webmasters Note: The previous sections, 25-1500.1 through 25-1500.2.3, have been amended as per Supplement No. 5.

a. Site plan and/or subdivision approval shall not be required prior to issuance of a Zoning Permit for the following:

1. Construction, additions, or alterations related to single family or duplex dwellings or their accessory structures where permitted by ordinance.

2. Interior alterations in the On-Boardwalk, Off-Boardwalk and Central Business Zones which do not increase the required number of off-street parking spaces and which conform to the performance standards of this Ordinance.

3. Any change in occupancy which is not a "Change in Use" (as herein defined). (Ord. #99-20, 8)

An application for a Zoning Permit shall be in writing by the lot owner or his authorized agent and include the following:

a. The applicant's name and address.

b. The name and address of the owner if different from the applicant.

c. The lot and block numbers and street addresses of the subject premises.

d. A statement of the use or intended use of the building, structure or land.

e. A current (not older than twelve (12) months), signed and sealed survey of the subject premises.

f. An elevation plan drawn to scale, showing the building or structure to be erected including signs to be placed thereon, their content and manner of construction.

g. A plot plan drawn to scale showing proposed and existing conditions related to:

1. Buildings with their dimensions;

2. Signs;

3. Parking areas;

4. Front, side and rear yard setbacks.

5. Percentage of building coverage;

6. Percentage of impervious surface coverage;

7. Floor area ratio;

8. Building height;

9. All vegetated areas and landscaping;

10. Location of and screening to be used for refuse storage areas, outdoor mechanical equipment and pilings.

11. Easements of any kind.

h. Any application to either the Planning Board or Zoning Board involving the subject property.

i. The Zoning Officer my waive any requirements deemed not necessary for review of an application for a Zoning Permit for a shed, HVAC, propane tank or fence. Such waivers shall be noted on the approved survey. (Ord. #99-20, 8; Ord. #03-12, 7)

The Zoning Officer shall take action on an application for a Zoning Permit within ten (10) days of its submission. (Ord. #99-20, 8; Ord. #03-12, 7)

The Planning Board or Board of Adjustment shall hear and act upon any requests for granting of variances, conditional use approval and/or direction for issuance of a Building Permit at the same time that they hear and act upon a minor subdivision, preliminary plat of a major subdivision, a minor site plan, or a preliminary plat of a major site plan. Such simultaneous action may be taken in conjunction with a final plat of a major subdivision or major site plan if revisions in the plat subsequent to preliminary plat approval shall have created the need for such simultaneous action or if the application is for combined preliminary and final plat approval.

At the request of the developer, the Planning Board shall grant an informal review of a concept plan for a development which the developer intends to prepare and submit an application for development. The developer shall not be bound by any concept plan for which review is requested and the Planning Board shall not be bound by any such review. Such review shall be limited to planning concepts and no written reaction to the review shall normally be provided by the Board.

All applications for development requiring Planning Board or Board of Adjustment action shall be submitted in accordance with the requirements set forth in Sections 25-700.6.1 and 25-800.4 of this Ordinance. Where an application involves approvals related to more than one (1) Section, the more restrictive requirements shall apply. (Ord. #94-16, Appx. A)

Upon receipt of an application for development, the Administrative Officer shall retain the original of the application and one (1) copy of the plat maps and attachments and forward the other copies of the application and all plat maps, supporting attachments, exhibits and other information submitted to the Secretary of the Planning Board or the Secretary of the Board of Adjustment (whichever Board has jurisdiction). The Secretary of the Planning Board or the Board of Adjustment shall review the application for compliance with submission requirements. If the application is for a site plan, subdivision and/or conditional use, the Secretary of the Planning Board or Board of Adjustment shall make the following distribution of the Application, plat maps and attachments:

Note: If the City Engineer is not the Planning Board Engineer, then distribution will be as follows:

The Planning Board or Board of Adjustment may determine that additional distribution of the application, plat map and attachments should be made to other agencies and in such cases the applicant may be required to submit additional prints.

When all submission requirements have been fulfilled and, in case of major site plans, subdivisions and conditional uses, when completeness review reports have been received from the Board Engineer and City Planner certifying that the plans and attachments are in compliance with all submission requirements; the Planning Board/or the Secretary of the Board of Adjustment in the case of the Board of Adjustement application will, if all other requirements have been met, deem the application complete.

An application for development shall be deemed to be properly submitted unless the Administrative Officer determines that it does not fulfill the criteria for a complete application pursuant to Section 25-700.6 of this Ordinance and the Administrative Officer has done the following:

a. Provided the applicant with a checklist indicating the criteria for a complete application, and

b. Notified the applicant in writing of the deficiencies of the submitted applications within forty-five (45) days of such application. (Ord. #94-16, Appx. A)

The Board Engineer shall review applications for development for site plans, subdivisions and conditional uses and shall advise the Planning Board and/or the Board of Adjustment and the applicant of any technical deficiencies, required changes and/or recommended changes. Eighteen (18) copies of revised plans and attachments, which correct all deficiencies, incorporate all required changes and satisfactorily consider all recommended changes shall be submitted to the Administrative officer for further review.

After issuance of a Certificate of Completeness, all applications for development shall be acted upon by the Planning Board or Board of Adjustment within the time limits set forth within Article 700 of this Ordinance, or within such further time as may be consented to by the applicant. If required approvals from other government agencies have not been received prior to Planning Board or Board of Adjustment approval of an application for development, such approval shall be conditional upon the subsequent approval or approvals by the other government agencies unless the applicant shall request that such approval be withheld until the approval or approvals from the other government agencies have been received.

If approval is granted conditioned upon the subsequent approval of another government agency and such government agency requires revisions in the plat which alter the layout and/or design standards approved by the Planning Board or Board of Adjustment to an extent that the Board determines that the basis upon which the approval was granted has been changed, the applicant shall be required to receive revised approval from the Planning Board or Board of Adjustment and pay the fees for such revised approval set forth in Article 1400 of this Ordinance.

In acting upon an application for development for a subdivision or site plan, the Planning Board and/or Board of Adjustment shall consider whether the submittal complies to the following standards and regulations:

a. The proposed use is consistent with the Master Plan.

b. The plan submission contains all of the information and data required by this Ordinance.

c. The details and improvement standards of the plat are in accord with the standards of this Ordinance.

d. Adequate provision is made for safe and convenient vehicular traffic access, circulation and parking.

e. Adequate provision is made for safe and convenient pedestrian circulation.

f. Ingress and egress for the site will not unduly impede or obstruct the flow of traffic on public streets.

g. Adequate provision has been made for the collection and disposal of storm water runoff and the proposed drainage facilities have been approved by the City Engineer.

h. Adequate provision has been made to screen adjoining residential properties from any adverse effects that might result from outdoor lighting, buildings, parking areas, refuse storage areas, recreation areas, equipment areas, bulk storage areas or similar utilities or structures located on the site.

i. Adequate provision has been made for compliance with the performance standards of this Ordinance.

j. Adequate provision has been made to provide structures and uses of a quality and design which will not produce adverse effects on existing developments in the surrounding area or future uses designated for the surrounding area in the Master Plan.

k. The proposed development is compatible with approved subdivisions and/or site plans for adjacent and nearby parcels of land.

l. The proposed development is compatible with environmental and/or historical characteristics and conditions of the site and nearby parcels of land.