In the event that the application for development for a preliminary plat of a major site plan is approved, a certification to that effect in this form:
Approved as a preliminary plat of a major site plan by the City of Ocean City Planning Board (Board of Adjustment) on _________________________.
Attest: Chairman
Secretary Date
Board Engineer Date shall be endorsed on the preliminary plat and three (3) paper copies thereof shall be provided to the Board by the applicant. Said copies shall be signed by the Chairperson and the Secretary of the Planning Board after they receive certification from the Administrative Officer (Planning Board or Board of Adjustment) that all conditions of the approval have been satisfied and any required fees have been paid. After signature, one (1) copy of the signed preliminary plat shall be returned to the applicant. (Ord. #94-16, Appx. A)
Upon the submission to the Administrative Officer (Planning Board or Board of Adjustment Secretary) of a complete application for a site plan which involves ten (10) acres of land or less, and ten (10) dwelling units or less, the Planning Board shall grant or deny preliminary approval within forty-five (45) days of the date of such submission or within such further time as may be consented to by the developer. Upon submission of a complete application for a site plan which involves more than two (2) acres, or more than ten (10) dwelling units. The Planning Board shall grant or deny preliminary approval within ninety-five (95) days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the site plan. (Ord. #94-16, Appx. A)
Preliminary approval of a major subdivision or of a site plan shall, except as otherwise provided herein, confer upon the applicant the following rights for a three (3) year period from the date of the preliminary approval:
a. That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layouts and design standards for streets, curbs and sidewalks, and in the case of a site plan, any requirements peculiar to site plan approval pursuant to N.J.S.A. 40:55D-41; except that nothing herein shall be construed to prevent the City 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 subdivision plat or site plan, as the case may be; and
c. That the applicant may apply for and the Planning Board may grant extensions on such preliminary approval for additional periods of at least one (1) year, but not to exceed a total extension of two (2) years, provided that if the design standards have been revised by ordinance, such revised standards shall govern.
Approval of a preliminary plat shall not confer upon the developer the right to undertake any clearing, grading, and/or to install any improvements prior to final plat approval unless it shall be determined by the Planning Board or Board of Adjustment and the Board Engineer that (1) said clearing, grading, and/or installation of improvements would not hinder future development or create physical or aesthetic problems in the event that further development of the site plan is not undertaken and (2) that required inspection fees have been paid, and adequate performance guarantees have been posted to provide for the cost to the City of performing work that may be necessary to protect adjacent property owners and the public interest in the event that such clearing, grading, and/or installation of improvements is not completed and/or further development of the site is not undertaken. Such performance guarantees shall include, but are not limited to, the cost of the City of providing erosion control facilities, seeding, or otherwise stabilizing the site, drainage facilities necessary to protect off-tract areas from flooding, screening, or fencing that may be required and all improvements to be undertaken which are within existing public rights-of-way or easements.
Prior to issuance of a Certificate of Completeness or scheduling of a final plat of a major subdivision for public hearing, the Administrative Officer (Planning Board or Board of Adjustment Secretary) shall determine that the following has been submitted in proper form:
a. Board Engineer's Report and City Planner's Report.
b. Application for Land Disturbance Permit from Cape Atlantic Soil Conservation District.
c. Application for N.J.D.E.P. Wetlands Permit, where required.
d. Application for N.J.D.E.P. Stream Encroachment Permit, where required.
e. Where applicable, a copy of the Permit issued, or if the Permit has not been issued, the application filed with the New Jersey Department of Environmental Protection, under the Coastal Area Facility Review Act, and copies of the Environmental Impact Statement and any attachments thereto filed in accordance with the provisions of the Act, or, in the alternate, a statement issued by the Department of Environmental Protection that the proposed development is exempt from the Act.
f. A Certificate of Title, which may be on the plat (signed by the owner and notarized) or in letter form, signed by a member of the New Jersey Bar or by a title officer or authorized agent of a title insurance company licensed to do business in the State of New Jersey, which certificate shall confirm that the owner of the premises in question is the owner as shown on the plat.
g. Other submittals that may be required by the Board Engineer, Planning Board, Board of Adjustment, or Federal, State, County or municipal law.
h. Unless waived by the Board, a formal request, in appropriate statutory form, requesting that the applicable provisions of N.J.S.A. 39:1 et seq. be made applicable to the site in order to permit police regulation of traffic control devices prior to acceptance of streets.
i. Required application fees as set forth in Article 1300 of this Ordinance.
j. One (1) original and twenty-four (24) copies of a plat and attachments meeting the requirements set forth below.
k. A condition setting forth the time within which all other conditions must be satisfied as described in Section 25-900.10. (Ord. #94-16, Appx. A)
a. General Requirements. A final plat may, for all or any portion of an approved preliminary plat, be submitted to the Planning Board within three (3) years of the date of approval of the preliminary plat. Requirements set forth in this Ordinance for preliminary plats shall apply to final plats with the addition of the specific additional requirements set forth herein.
1. A final plat shall be drawn at a scale of not less than fifty feet (50') to the inch, shall conform to the provisions of N.J.S.A. 46:23, Map Filing Law, as amended and supplemented, specified herein.
2. All dimensions, both linear and angular, of the exterior boundaries of the subdivision and all lots and all lands reserved or dedicated for public use shall balance and their description shall close within a limit of error of not more than one (1) part in ten thousand (10,000).
3. Unless specifically waived by the City Engineer, the bearing system used on the exterior boundaries of the final plat shall conform to the New Jersey State Plane Coordinate System or the plat shall show bearings based on said system in addition to any other bearings shown. When multiple bearing systems are shown, the bearings conforming to the New Jersey State Plane Coordinate System shall be enclosed in brackets.
4. Unless specifically waived by the City Engineer, coordinates, based on the New Jersey State Plane Coordinate System (x and y) shall be shown, individually or in tabular form, for the monumented (existing or proposed) corners of the exterior boundary of the tract.
5. The source of New Jersey State Plane Coordinate System information shown as required above shall be noted on the final plat.
b. Purpose of Final Plat. A final plat and supporting drawings and documents for a proposed subdivision constitute the complete and fully detailed and documented development of the subdivision proposal and becomes the basis for the construction of the subdivision and inspection by the Board Engineer, other officials and Planning Board, or Board of Adjustment. The portion of the plat intended for filing must be recorded at the County Clerk's office to have legal status.
c. Title Block. The title block shall appear on all sheets and include:
1. Title to read: "Final Plat - Major Subdivision."
2. Development name, if any.
3. Date (of original and all revisions).
d. Tax map sheet, block and lot numbers of the tract to be subdivided as shown on the latest City Tax Map, the date of which shall also be shown.
e. Names and addresses of owner and subdivider, so designated.
f. Lot and block numbers shown on the final plat shall conform to the City Tax Map (or proposed revisions thereof) and shall be obtained by the applicant's engineer and/or surveyor from the City Tax Assessor. Proposed house numbers shall also be obtained from the City Tax Assessor and shall be shown encircled on the final plat.
g. Such other information as the Board and/or City Engineer or City Planner may request during review.
h. Sectionalization of final plats shall be in conformance with the sectionalization and staging plan, if any, approved with the preliminary plat.
Any approval of an application for development of a final plat of a major subdivision shall be subject to the following conditions being satisfied within a period of time specified by the Planning Board or Board of Adjustment, prior to the signing of the plat of issuance of a development permit.
a. Payment of any outstanding real estate taxes.
b. Submission of additional prints of the plat map and attachments for distribution, if required.
c. Publication of a notice of the decision of the Board by the Administrative Officer (Planning Board or Board of Adjustment Secretary) the time set forth in Section 25-900.7.
d. Final Cape May County Planning Board approval (if not previously obtained).
e. Final New Jersey Water Company - Shore District Sewerage Service availability letter.
f. Final Atlantic Electric Company, N.J. Natural Gas Co., New Jersey Bell Telephone and cable television company service agreement.
g. Certification of Soil Erosion and Sediment Control Plans (if not previously obtained).
h. Fire Department approval (if not previously obtained).
j. Certification of approval of plans for drainage or watercourse diversions by the State of New Jersey, Department of Environmental Protection, where required.
k. Granting of a N.J.D.E.P. Coastal Area Facilities Review Act (CAFRA) Permit (where required).
l. Approval of any required riparian and/or tidelands grants or licenses.
m. Granting of any required construction permits.
n. Posting of required performance guarantees.
o. Payment of required inspection fees.
p. Evidence of a comprehensive general liability insurance policy in an amount not less than three hundred thousand dollars ($300,000.00) per occurrence indemnifying and saving harmless the City and its agencies, employees and agents from any liability for any acts of the subdivider or his agents, contractors or employees in the implementation of the approved subdivision. The insurance policy shall provide for ten (10) days notice to the City prior to cancellation. It shall be a violation of this Ordinance for any property owner, subdivider or builder to carry on the construction of a subdivision without having current valid evidence of insurance on file.
q. Any other conditions which may be imposed by the Board or may be required by Federal, State, County or municipal law.
r. A condition setting forth the time within which all other conditions must be met as described in Section 25-900.10.
In the event that the application for development for a final plat of a major subdivision is approved, a certification to that effect in this form:
Approved as a final plat of a major subdivision by City of Ocean City Planning Board (Board of Adjustment) on .
Attest: Chairman
Secretary Date
Board Engineer Date
This plat must be filed in the office of the Clerk of Cape May County on or before which date is ninety-five (95) days after the date which this plat was signed.
Secretary shall be endorsed on the plat and shall be reproduced as provided for in Section 25-1500.10.4 of this Ordinance and the signed original shall be returned to the applicant for filing.
If the applicant desires to proceed with a subdivision for which final approval has been granted, he shall file with the County Recording Officer a plat map drawn in compliance with the New Jersey Map Filing Law N.J.S.A. 46:23 as amended and supplemented, within ninety-five (95) days from the date upon which plat was signed by the Planning Board Chairman and Secretary. The applicant shall, within one (1) week after filing the subdivision with the County Recording Officer, notify in writing, the City Engineer and City Tax Assessor of the date of filing of the subdivision with the County Recording Officer and the case and sheet or page number for the filed map. A duplicate tracing of the filed map indicating thereof the filing date shall be obtained from the County Recording Officer by the City Clerk who shall distribute copies of the filed map to appropriate municipal officials. In the event the subdivider fails to so file within the period allowed, the approval of the plat shall expire unless, prior to expiration, such time is extended by the Board for a period not to exceed ninety-five (95) days for good cause shown.
Application for final subdivision approval shall be granted or denied within forty-five (45) days of submission of a complete application to the Administrative Officer (Planning Board or Board of Adjustment Secretary) or within such further time as may be consented to by the applicant.
Final approval shall expire ninety-five (95) days from the date of the passage of the resolution of final approval if during that time all conditions provided for in the resolution of approval have not been fully complied with, performance guarantees posted, and the plans signed by the appropriate officials, and the plats duly filed with the County Recording Officer, the City Engineer, and the City Tax Assessor. The Planning Board may, for good cause shown, extend the period of recording for an additional period not to exceed one hundred ninety (190) days from the date of the passage of the resolution of final approval.
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer at preliminary approval, whether conditionally or otherwise, shall not be changed for a period of two (2) years after the date of final approval; provided that in the case of major subdivision the rights conferred by this Section shall expire if the plat has not been duly recorded within the required time period. If the developer has followed the standards prescribed for final approval and, in the case of a subdivision, has duly recorded the plat, the Planning Board may extend such period of protection for extensions of one (1) year, but not to exceed three (3) extensions. Notwithstanding any other provisions of N.J.S.A. 40:55D-1 et seq., the granting of final approval terminates the time period of the rights conferred by preliminary approval for the section granted final approval.
An applicant may require and the Planning Board may consent to accept an application for development for combined preliminary and final major subdivision approval provided that:
a. The proposed development is not to be constructed in sections or stages.
b. The applicant pays the application fees and provides all submissions required for both preliminary and final applications.
c. Any notice of hearing requirements applicable to the preliminary plat stage are complied with.
d. The applicant consents to the time limits for action by the Board to be the greater of the limits set for either preliminary or final approval.
e. The Board is satisfied that the scope of the project is not so large or so complex as to require the additional review time which separate applications would provide.
Any approval granted by the Planning Board or such combined application shall confer upon the applicant all the rights set forth in this section for final approval.
Prior to issuance of a Certificate of Completeness or scheduling of a final plat of a site plan for public hearing, the Administrative Officer (Planning Board or Board of Adjustment Secretary) shall determine that the following has been submitted in proper form:
a. Board Engineer's Report and City Planner's Report.
b. Application for State wetlands approval, if required.
c. Application for a Stream Encroachment Permit, where required.
d. Where applicable, a copy of the Permit issued, or if the Permit has not been issued, the application filed with the New Jersey Department of Environmental Protection, under the Coastal Area Facility Review Act, and copies of the Environmental Impact Statement and any attachments thereto filed in accordance with the provisions of the Act, or, in the alternate, a statement issued by the Department of Environmental Protection that the proposed development is exempt from the Act.
e. Other submittals that may be required by the Board Engineer, Planning Board, Board of Adjustment or Federal, State or local law.
f. Required application fees as set forth in Section 1400 of this Ordinance.
g. One (1) original and twenty-four (24) copies of a plat and attachments meeting the requirements set forth below.
h. When required five (5) copies of an Environmental Impact Report (EIR) meeting the requirements of Section 25-300.13 of this Ordinance. (Ord. #94-16, Appx. A)
