A. An ordinance establishing rules, regulations and standards governing the subdivision, development and redevelopment of land within the Borough of Bradley Beach pursuant to the authority set forth in Chapter 291 of the Laws of New Jersey, 1975, and amendments and supplements thereto, setting forth the procedure to be followed by the Planning Board and Board of Adjustment in applying and providing penalties for the violation thereof.
B. Short title. This chapter shall be known and may be cited as the "Land Development Ordinance of the Borough of Bradley Beach, 2004."
The purpose of this chapter shall be to provide rules, regulations and standards to guide land development in the Borough in order to provide for the orderly growth and development of the Borough and to promote the comfort, health, safety, convenience and general welfare of the Borough in conformance with Borough's Master Plan and Chapter 450, Zoning.
The provisions of this chapter shall be administered by the Planning Board or Board of Adjustment in accordance with Chapter 291 of the Laws of the State of New Jersey, 1975, and amendments and supplements thereto, and pursuant to Chapter 60, Land Use Procedures.
As used in this chapter, the following terms shall have the meanings indicated:
ADMINISTRATIVE OFFICER The Secretary of the Planning Board or Board of Adjustment or the Clerk of the municipality, as the case may be, according to which of the said agencies is involved in a particular instance.
APPLICANT - A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT - The application or appeal form and all accompanying documents required by this chapter for approval of a subdivision plat or site plan.
APPROVING AUTHORITY - The Planning Board or the Zoning Board of Adjustment of the Borough of Bradley Beach, unless a different agency is designated by ordinance when acting pursuant to the authority of this chapter.
BLOCK - The area bounded by one or more streets or a municipal boundary as shown on the Borough Tax Map and being of sufficient size to accommodate a lot or lots of the size required by Chapter 450, Zoning.
CERTIFIED PLAN - A plan for soil erosion and sediment control that meets the standards for soil erosion and sediment control in New Jersey as promulgated by the State Soil Conservation Commission Committee and that has been approved by the Freehold Soil Conservation District.
CHANNEL - A watercourse with a definite bed and banks that confine and conduct continuously or intermittently flowing water.
CIRCULATION - Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transshipment points.
COMMON OPEN SPACE - An open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the common use or enjoyment of residents and owners of the development.
COMPLETE APPLICATION - An application for development containing all items specified as being required in the application checklist included in this chapter as Appendix A.
CROSSWALK OR WALKWAY - A right-of-way, dedicated to public use, to facilitate pedestrian access through subdivision.
CUL-DE-SAC OR DEAD-END STREET - A street or portion of a street in which accessibility is limited to only one point of ingress and egress.
DAY - Calendar days.
DEVELOPER - The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase or any other person having an enforceable proprietary interest in such land.
DEVELOPMENT - The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to this chapter.
DEVELOPMENT ENFORCEMENT OFFICER - The Construction Official.
DEVELOPMENT REGULATIONS - Chapter 450, Zoning, Chapter 60, Land Use Procedures, the Zoning Map and any other municipal regulation of the use and development of land or amendment thereto, adopted and filed pursuant to Chapter 291 of the Laws of New Jersey, 1975.
DISTURBANCE - Any activity involving the clearing, excavating, storing, grading, filling or transporting of soil or any other activity that causes soil to be exposed to the danger of erosion.
DIVERSION - A channel with or without a supporting ridge on the lower side constructed across or at the bottom of a slope or grade.
DRAINAGE - The removal of surface water or groundwater from land by drains, grading or other means, including provisions to control runoff to minimize erosion during and after construction or development, provisions for preserving groundwater supply and provisions for prevention or alleviation of flooding.
DWELLING - Any structure or portion thereof designed or used exclusively as the residence by one or more persons. Hotels, motels, dormitories, fraternity or sorority houses, rooming and/or boarding houses and other similar group quarters and institutional living space shall not be considered a "dwelling" as defined in this chapter.
DWELLING UNIT - Any room or group of rooms within a structure or part thereof, forming a single habitable unit with facilities used or designed to be used for living, sleeping, cooking, eating and sanitation, providing complete living facilities for one family.
DWELLING, SINGLE-FAMILY - A structure containing one dwelling unit, designed for or occupied by one family.
DWELLING, TWO-FAMILY - A structure containing two separate dwelling units, designed for or occupied by two families living independently of one another.
DWELLING, MULTIPLE-FAMILY - A structure containing three or more separate dwelling units, designed for or occupied by three or more families living independently of one another.
EASEMENT - A use or burden imposed on real estate by deed or other legal means to permit the use of land by the public, a corporation, or particular person or persons for specified uses.
EROSION - The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
FINAL APPROVAL - The official action of the Planning Board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion, or an approval conditioned upon the posting of such guaranties.
GOVERNING BODY - The Mayor and Council of the Borough of Bradley Beach.
LAND - Includes improvements and fixtures on, above or below the surface.
LOT - A designated parcel, tract or area of land, established by a plat or otherwise as permitted by law, to be used, developed or built upon as a unit.
LOT AREA - The size of a lot measured within the lot lines and expressed in terms of acres or square feet, but excluding that part of a lot included within a street right-of-way.
LOT LINE - Any line dividing one lot from another lot or from a public right-of-way or thoroughfare.
MAINTENANCE GUARANTY - Any security that may be accepted by the municipality for the maintenance of any improvements required by this chapter, including but not limited to surety bonds, letters of credit, and cash.
MAJOR SITE PLAN - Any site plan not classified as a "minor site plan."
MAJOR SUBDIVISION - Any subdivision not classified as a "minor subdivision."
MASTER PLAN - A composite of one or more written or graphic proposals for the development of the Borough recommending standards for the promotion of the comfort, convenience, public health, safety and general welfare of the community, and which shall have been duly adopted by the Planning Board.
MAYOR - The chief executive of the Borough.
MINOR SITE PLAN - Any site plan for development of not more than 1,000 square feet of new or additional floor area and not more than five new or additional off-street parking spaces and which meets all the requirements of the zone in which it is located.
MINOR SUBDIVISION - A subdivision of land that results in the creation of three or fewer lots, and does not involve a planned development, any new street or the extension of any off-tract improvement.
MUNICIPAL AGENCY - The Planning Board, Board of Adjustment or governing body or any agency created by or responsible to the municipality when acting pursuant to this chapter.
MUNICIPAL LAND USE LAW - Chapter 291 of the Laws of New Jersey, 1975 as amended from time to time.
OFF SITE - Located outside the lot lines of the lot in question but within the property (of which the lot is a part) that is the subject of a development application or within a contiguous portion of a street or right-of-way.
OFF TRACT - Not located on the property that is the subject of a development application nor on the closest half of the abutting street or right-of-way.
ON SITE - Located on the lot in question and excluding any abutting street or right-of-way.
ON TRACT - Located on the property that is the subject of a development application or on the closest half of an abutting street or right-of-way.
OPEN SPACE - Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
OWNER - An individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be developed or subdivided, to commence and maintain proceedings to develop the same under this chapter.
PERFORMANCE GUARANTY - Any security that may be accepted by the Borough, including but not limited to surety bonds, letters of credit and cash, provided that the municipality shall not require more than 10% of the total performance guaranty in cash.
PLANNING BOARD - The Planning Board of the Borough of Bradley Beach.
PLAT - The map or maps of a subdivision or site plan.
PLAT, FINAL - The final map of all or a portion of a subdivision which is presented to the Planning Board for final approval in accordance with these regulations, and which, if approved, shall be filed with the Clerk of the County of Monmouth for recording in accordance with the Map Filing Law.
PLAT, SKETCH - The map of a subdivision or site plan of sufficient accuracy and containing all items specified as being required in the application checklist included in this chapter as Appendix A to be used for the purpose of classification and informal review and discussion.
PREAPPLICATION CONFERENCE - A conference attended by the planner, engineer, zoning officer, or their representative and other boards or agencies as may be required for a specific application.
PRELIMINARY APPROVAL - The conferral of certain rights as to site plans and major subdivisions pursuant to N.J.S.A. 40:55D-49 prior to final approval and after specific elements of a development plan have been agreed upon by the Planning Board and applicant.
PRELIMINARY FLOOR PLAN AND ELEVATION - Architectural drawings prepared during early and introductory stages of the design of a project, illustrating in a schematic form its scope, scale and relationship to its site and immediate environs.
PUBLIC DRAINAGEWAY - The land reserved or dedicated for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the biological as well as drainage function of the channel, and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, and to lessen nonpoint pollution.
PUBLIC OPEN SPACE - An open space area conveyed or otherwise dedicated to the Borough, a Borough agency, the Board of Education, a state or county agency, or any other public body for recreational or conservational uses.
QUORUM - The majority of the full authorized membership of a municipal agency.
RESIDENTIAL SITE IMPROVEMENT STANDARDS - N.J.A.C. Title 5, Chapter 21, adopted January 6, 1997, as subsequently revised, also referred to as "RSIS."
RESUBDIVISION - The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law but does not include conveyances so as to combine existing lots by deed or other instrument.
SEDIMENT - Solid material, both mineral and organic, that is in suspension, is being transported, or has been removed from its site of origin by air, water or gravity as a product of erosion.
SEDIMENTATION - The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
SEDIMENT BASIN - A barrier or dam built across a waterway or at other suitable locations to retain rock, sand, gravel or silt or other material.
SITE PLAN - A development plan of one or more lots on which are shown:
A. The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways;
B. The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, and screening devices; and
C. Any other information that may be reasonably required in order to make an informed determination as to approval of the plan.
STORMWATER DETENTION/RETENTION - Any storm drainage technique that retards or detains runoff, to reduce the peak rate or total volume of runoff, such as a detention or retention basin, parking lot storage, rooftop storage, porous pavement, dry wells or any combination thereof.
STREAM ENCROACHMENT PERMIT - A permit issued by the Department under the provisions of the Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq. and the Flood Hazard Area Rules, N.J.A.C. 7:13.
STREET - Any street, avenue, boulevard, road, parkway, viaduct, drive or other way:
A. That is an existing state, county or municipal roadway; or that is
B. Shown upon a plat heretofore approved pursuant to law;
C. Approved by official action as provided by this chapter; or
D. Shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; including the land between the street lines, whether improved or unimproved, and whether or not comprising pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas.
STREET, ARTERIAL - Used primarily for fast or heavy volumes of traffic and are used generally to proceed between major urban centers, or other large areas of development as commercial centers, industrial areas, and concentrated residential communities through or around the locality of the Borough.
STREET, COLLECTOR - Those that carry traffic from local streets to the arterial streets and designed to have considerable continuity and traffic capacity.
STREET, CUL-DE-SAC - A local dead-end street terminating in a circular or other turnaround area generally not used for ingress and egress by more than 20 abutting lots and generally not longer than 500 feet.
STREET, LOCAL - Those streets which need to be entered only for stopping at a destination on that street and which need not be used for general traffic circulation through the Borough.
STREET, LOOP - A continuous local street whose entrance and exit are parallel or nearly parallel to each other and generally not used for ingress and egress by more than 50 abutting lots.
STRUCTURE - A combination of materials forming a construction, assembly or erection, for occupancy, use, or ornamentation, whether installed on, above or below the surface of the parcel of land, including but not limited to buildings, sheds, fences, walls, decks, signs, towers, swimming pools, and platforms.
SUBDIVISION - The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development.
A. The following shall not be considered subdivisions within the meaning of this chapter if no new streets are created:
(1) Divisions of land found by the Planning Board or subdivision committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size.
(2) Divisions of property by testamentary or intestate provisions.
(3) Divisions of property upon court order, including but not limited to judgments of foreclosure.
(4) Consolidation of existing lots by deed or other instrument.
(5) The conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the municipality.
B. The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION COMMITTEE - A committee of at least three Planning Board members appointed by the Chairman of the Board for the purpose of reviewing subdivisions in accordance with the provisions of this chapter and such duties relating to land subdivision which may be conferred on this Committee by the Board.
