A. A public hearing shall be held on all applications for site plan approval involving uses which, on the submitted complete application, are filed pursuant to § 246-52 hereof.

B. If an applicant desires a certified shorthand court reporter, the cost of taking testimony and transcribing the same and providing a copy of the complete transcript to the Board shall be at the sole expense of the applicant, who shall also arrange for the reporter's attendance.

There shall be submitted to the Planning Board Secretary with each site plan application, in order to defray the cost of legal and engineer review and all of the costs to review the site plan, the following fees:

A. Each applicant, at the time of submission, shall pay a basic administration application fee of $50.

B. In addition, each applicant shall deposit by cash or certified check with the Planning Board Secretary, to be held in escrow by the Borough of Seaside Heights, an amount to cover the cost of professional services and review, including legal and engineering and other incidental expenses connected with processing, reviewing and checking all materials. Said sum shall be in accordance with the schedule set forth in § 246-61.

C. Sums paid pursuant to Subsection B above not utilized in the review and inspection process shall be returned to the applicant. If additional sums are deemed necessary, the applicant shall be notified of the required additional amount, and such sum shall be paid prior to the Board taking final action on the application.

D. Each applicant who shall submit a plan for site approval shall agree, in writing, to pay all reasonable costs for professional review of the said site plan submission map and for inspection of improvements required by the Board. Such costs must be paid in full before any occupancy of the premises is permitted or certificate of occupancy issued.

E. A fee of $300 is hereby established for an application for the extension of a final site plan approval.

The Planning Board Secretary shall distribute the site plan application for review and report, and approval where required, as follows:

A. One copy to the Municipal Planner.

B. One copy to the Municipal Engineer.

C. One copy to the Planning Board Engineer.

D. One copy for the permanent files of the Board.

E. One copy for the Director of Public Works.

F. One copy to the Municipal Health Officer.

G. One copy to the Municipal Fire Subcode Official.

H. One copy to the Construction Official.

I. Nine copies to the Planning Board (two additional copies may be provided to the alternate members).

A. Upon submission to the Planning Board Secretary of a complete application for a site plan for 10 acres of land or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer, except that if the application for site plan approval also involves an application for relief pursuant to N.J.S.A. 40:55D-60, the Planning Board shall grant or deny approval within 120 days of the submission of a complete application, and such other information as is reasonably necessary to the making of an informed decision, to the Planning Board Secretary, or within such further time as may be consented to by the applicant.

B. Upon the submission of a complete application and such other information as is reasonably necessary to the making of an informed decision for a site plan of more than 10 acres, the Planning Board shall grant or deny preliminary approval within 120 days of the date of such submission or within such further time as may be consented to by the applicant.

C. Failure of the Planning Board to reach a decision within the specified time periods or extensions thereof shall result in the approval of the site plan as submitted.

D. If the Planning Board requires any substantial amendment in the layout of improvements proposed by the development that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development. The Planning Board shall, if the proposed development complies with this chapter, grant site plan approval.

E. Nothing herein contained shall be construed to limit the right of a developer to submit a sketch plat to the Planning Board for informal review, and neither the Planning Board nor the developer shall be bound by any discussions or statements made during such review, provided that the right of the developer at any time to submit a complete application for site plan approval shall not be limited by his submittal of a sketch plat. Time for the Planning Board's decision shall not begin to run until the submission of a complete application.

A. Preliminary approval of a site plan, except as provided in Subsection B of this section, shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:

(1) 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; natural resources to be preserved on the site; vehicular and pedestrian circulation, parking and loading; screening, landscaping and location of structures; and exterior lighting both for safety reasons and streetlighting, except that nothing herein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to the public health and safety.

(2) 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 site plan.

(3) That the applicant may apply for and the Planning 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.

B. In the case of a site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection A above for such period of time longer than three years as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may thereafter apply for and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised by ordinance, such revised standards may govern.

A. The Planning Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by ordinance for final approval and the conditions of preliminary approval, provided that in the case of a planned development, the Planning Board may permit minimal deviations from the conditions of preliminary approval necessitated by change of conditions beyond the control of the developer since the date of preliminary approval, without the developer being required to submit another application for development for preliminary approval.

B. Final approval shall be granted or denied within 45 days after submission of a complete application to the Planning Board or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute final approval of the application for final approval as submitted, and a certificate of the Secretary of the Planning Board as to failure by the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other required evidence of approval.

C. A complete application for final approval shall consist of the following:

(1) A properly completed final site plan approval form.

(2) The required fee.

(3) A site plan in final form, including all the information shown on the preliminary plan, conditions of preliminary approval, along with all of the various items required by § 246-52 of this chapter.

A. The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 246-57 of this chapter entitled "Rights under preliminary approval," whether conditional or otherwise, shall not be changed for a period of two years after the date of final approval. If the developer has followed the standards prescribed for final approval, the reviewing board may extend such period of protection for extensions of one year, but not to exceed three such extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to § 246-57 of this chapter for the section of the development granted final approval.

B. In the case of site plan for a planned development of 50 acres or more or conventional site plan for 150 acres or more, the Planning Board may grant the rights referred to in Subsection A of this section for such period of time longer than two years as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may thereafter apply for and the Planning Board may thereafter grant an extension of final approval for such additional periods of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.

A. Improvements to be constructed at sole expense of applicant. In cases where reasonable and necessary need for an off-tract improvement or improvements is necessitated or required by the proposed development application and where no other property owners receive a special benefit thereby, the Board may require the applicant, as a condition of approval, at the applicant's expense, to provide for and construct such improvements as if such were on-tract improvements in the manner provided hereinafter and as otherwise provided by law.

B. Other improvements.

(1) In cases where the need for an off-tract improvement is necessitated by the proposed development application and where the Board determines that properties outside the development will also be benefited by the improvement, the Board shall forthwith forward to the governing body a list and description of all such improvements, together with its request that the governing body determine and advise the Board of the procedure to be followed in the construction or installation thereof. The Board shall withhold action upon the development application until receipt of the governing body's determination or until the expiration of 90 days after the forwarding of such list and description to the governing body in the event no formal determination has been made.

(2) The governing body, within 90 days after receipt of said list and description, shall determine and advise the Board whether:

(a) The improvement or improvements are to be constructed or installed by the municipality:

[1] As a general improvement, the cost of which is to be borne at general expense, except as hereinafter otherwise provided as to a contribution thereto by the applicant; or

[2] As a local improvement, all or part of the cost of which is to be specially assessed against properties benefited thereby in proportion to benefits conferred by the improvements in accordance with law, except as hereinafter otherwise provided as to a contribution thereto by the applicant.

(b) The improvement or improvements are to be constructed or installed by the applicant under a formula for partial reimbursement as hereinafter set forth.

(3) If the governing body shall determine that the improvement or improvements shall be constructed or installed under Subsection B(2)(a)[1] hereinabove, the Board shall estimate, with the aid of the Municipal Engineer or such other person as has pertinent information or expertise, the amount, if any, by which the total cost thereof will exceed the total amount by which all properties, including the proposed development, will be specially benefited thereby, and the applicant shall be liable to the municipality for such excess. Further, the governing body shall adopt an ordinance authorizing and providing for the financing of the improvement or improvements in a manner consistent with the obligation of the applicant for any excess of total cost over total benefits conferred, as set forth above.

(4) If the governing body shall determine that the improvement or improvements shall be constructed or installed under Subsection B(2)(a)[2] hereinabove, the Board shall, as provided in Subsection B(3) hereinabove, estimate the difference between the total costs to be incurred and the total amount by which all properties are to be benefited thereby, including the development property. The Board shall estimate the amount the development property will be specially benefited by the improvement, and the applicant shall be liable to the municipality therefor, as well as for the amount of any special assessments against the development property for benefits conferred by the improvement or improvements. Further, the governing body shall adopt an ordinance authorizing and providing for the financing of the improvement or improvements and the assessment of benefits arising therefor in a manner consistent with the obligation of the applicant with respect thereto, and the proceedings under such ordinance shall be in accordance with law, except to the extent modified by the obligation of the applicant for an excess of total cost over total benefits conferred, as set forth above.

(5) If the governing body shall determine that the improvement or improvements are to be constructed or installed by the applicant under Subsection B(2)(b) hereinabove, the Board shall, in like manner, estimate the amount of such excess, and the applicant shall be liable to the municipality therefor, as well as for the amount of any special assessments against the development property for benefits conferred by the improvement or improvements. However, the applicant shall be entitled to be reimbursed by the municipality for the amount of any special assessments against property other than the development property for benefits conferred by the improvement or improvements, such reimbursement to be made if, as and when the special assessments against such other property are received by the municipality. Further, the governing body shall adopt an ordinance authorizing and providing for the assessment against all properties, including the development property, of benefits conferred by the improvement or improvements, and proceedings under said ordinance shall be in accordance with law. However, any such assessment against the development property shall be marked paid and satisfied in consideration of the construction or installation of the improvement or improvements by the applicant.

(6) If the governing body shall not adopt an ordinance or resolution within said time, the final development proposal shall nevertheless be designed, and the Board shall thereupon grant or deny final approval.

C. Performance guaranties. The applicant shall be required to provide, as a condition for final approval of his development application, a performance guaranty running to the municipality as follows:

(1) If the improvement is to be constructed by the applicant under Subsection B(2)(b) hereinabove, a performance bond with surety in an amount equal to the estimated cost of the improvement or, as to any part of said improvement that is to be acquired or installed by the municipality under said Subsection A, a cash deposit equal to the estimated cost of such acquisition or installation by the municipality.

(2) If the improvement is to be constructed by the municipality as a general improvement under Subsection B(2)(a)[1] hereinabove, a cash deposit equal to the amount of the excess of the estimated cost of the improvement over the estimated total amount by which all properties, including the development property, will be specially benefited thereby.

(3) If the improvement is to be constructed by the community as a local municipality improvement under Subsection B(2)(a)[2] hereinabove, a cash deposit equal to the amount referred to in the preceding Subsection C(2) immediately above, plus the estimated amount by which the development property will be specially benefited by the improvement.

D. Refund of deposit where improvements are not authorized within five years. In any case in which an applicant shall deposit money with the municipality for the completion of an improvement that is to be constructed pursuant to this chapter by the municipality, the applicant shall be entitled to a full refund of such deposit if the governing body of the municipality shall not have enacted an ordinance authorizing the improvement within five years after the date all other development improvements are completed.

E. Deposit of funds. All moneys paid by an applicant pursuant to this chapter shall be paid over to the Municipal Treasurer, who shall provide a suitable depository therefor. Such funds shall be used only for the improvements for which they are deposited, or improvements serving the same purpose.

F. Redetermination of assessment upon completion of improvement. Upon completion of off-tract improvements required pursuant to this chapter, the applicant's liability hereunder shall be recalculated in accordance with the actual, as compared with the estimated, cost of the improvements. To the extent that such recalculation shall increase the amount of any cash deposit made by the applicant hereunder, the applicant shall forthwith pay the amount of such increase to the municipality. To the extent that it shall decrease the amount thereof, the municipality shall forthwith refund the amount of such decrease to the applicant. In cases where improvements are specially assessed against all benefited properties, recalculation shall be made by the municipal assessing authority in the course of the special assessment proceedings. In other cases, it shall be made by the Municipal Engineer.

A. After site plan approval has been granted but prior to the issuance of a building permit, the applicant shall tender to the Borough of Seaside Heights a fee, in cash or other security approved by the Planning Board Attorney, in a sum equal to 5% of the Planning Board Engineer's estimated costs for on-site improvements which directly or indirectly affect public streets and lands within the Borough of Seaside Heights and off-site improvements, including but not limited to streets, curbs, aisles, lanes, driveways, parking spaces, boating areas, lighting, sidewalks, landscaping, walls, fences, storm drainage, sanitary sewerage and water. The purpose for said fee shall be to cover the cost of the inspection of said improvements.

B. All the aforementioned improvements shall be subject to inspection and approval by the Construction Code Official, who shall be notified by the applicant at least 48 hours prior to the start of construction. The Construction Code Official may required the assistance of the Planning Board Engineer in effecting inspection approval. No underground installation, subgrade and/or stages of paving or other work normally done in stages shall be poured, installed, covered, backfilled or removed until inspected and approved. Distribution supply lines installed by public utility companies operating under regulations of the Public Utilities Commission of New Jersey are exempt from this inspection requirement.

C. A certificate of occupancy shall not be issued until all the required improvements have been installed and approved and are functioning properly to that building or portion of a building for which a certificate of occupancy is requested in accordance with the provisions of this chapter. No certificate of occupancy shall be issued for any building or portion of a building where other improvements remain to be constructed on or off the site in order to complete the entire project until the performance guaranty, letter of credit or other form of guaranty acceptable to the approving planning body has been posted in a form approved by the Planning Board Attorney, in an amount determined by the Board Engineer to be sufficient to assure completion of all the remaining improvements. Said guaranty shall also be in a form guaranteeing completion of the said remaining improvements within one year. The Board may require a three-year maintenance bond for any or all off-site improvements in the form and manner designated above.

D. Final approval and authority to issue a certificate of occupancy shall rest solely within the jurisdiction of the approving board. Such action shall only be granted during a regularly scheduled meeting of the board.

A. Performance guaranties shall be posted prior to the granting of final developmental approval.

B. Performance guaranties shall be submitted in favor of the Borough of Seaside Heights in an amount not to exceed 120% of the cost of installation for improvements it may deem necessary or appropriate, including streets, grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees, surveyor' s monuments, water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and, in the case of site plans, other on-site improvements and landscaping. Ten percent of the total performance guaranty shall be in cash, deposited with the Municipal Clerk, and the remaining 110% shall be in a form acceptable to the Municipal Attorney. Such guaranties may be usable at any point by the municipality for the nonperformance of the applicant. Such guaranties shall run for a period of 18 months, subject to extension by the Borough Council for an additional period of 18 months.

C. If the required improvements are not completed or corrected in accordance with the performance guaranties within the time limit or extension, the obligor and surety shall be liable thereon to the Borough for all reasonable costs of improvements not installed, and, upon receipt of the proceeds thereof, the Borough shall install such improvements.

D. Prior to acceptance of a performance guaranty by the Borough Council, the Borough Council shall receive:

(1) A letter from the Municipal Engineer stating that the proposed bond covers all items required.

(2) A list of the items covered and their cost.

(3) A letter of approval from the Municipal Attorney as to bond form.

(4) A letter from the Municipal Engineer and Planning Board stating that the plans meet all specifications.

E. Following acceptance of a performance guaranty by the Borough Council, a letter so stating shall be sent to the Planning Board prior to signing of final plats for the development.

F. Prior to release of a performance guaranty in full or in part in accordance with N.J.S.A. 40:55D-53, the Borough Council shall receive:

(1) A recommendation from the Planning Board.

(2) As-built plans of all utilities and roads approved by the Municipal Engineer.

(3) A statement from the developer/subdivide that there are no liens or other legal encumbrances on any of the improvements or utilities to be deeded.

(4) Deeds, free and clear from all encumbrances, for all streets, public easements, drainage easements or other dedicated lands.

(5) An acceptable maintenance guaranty as outlined below.

A. All improvements required by the Planning Board shall, prior to the release of performance guaranties, be covered by a maintenance guaranty running in favor of the Borough of Seaside Heights in the amount of 15% of the estimated cost of improvements, as determined by the Municipal Engineer. Said bond shall run for a period of two years following acceptance by the municipality and shall provide for proper repair and/or replacement during this period. In the event that all improvements have been completed prior to granting of final approval by the Planning Board, the maintenance bond shall be posted before final plat approval. Maintenance bonds will be approved as to form by the Municipal Attorney.

B. In the event that other governmental agencies or public utilities will automatically own the utilities to be installed or the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty shall be required by the municipality for such utilities or improvements.

A. The Borough Council shall not accept any roadway or other improvement until the maintenance guaranty has been posted and all deficiencies corrected or repaired. The municipality may, however, agree to perform limited services if requested, in writing, by the subdivision developer and if held harmless for any damages resulting from such action.

B. A deed for any roadway or improvement shall be submitted to the Borough Council prior to being recorded after the twenty-four-month period and upon certification from the Municipal Engineer that no further maintenance is required. The deed will be approved by the Municipal Attorney and recorded at the expense of the subdivide.

The continued maintenance of all site improvements shall be enforced by the Zoning Officer, who shall notify the property owner that a violation exists and that 60 days is given to correct the violation.