The final plat shall include all data required for the preliminary plat of the site plan and shall be drawn to incorporate all changes required as a condition of preliminary approval and shall be drawn by persons and to specifications as required for a preliminary plat and shall be titled "Final Plat - Site Plan."
Any approval of an application for development of a final plat of a site plan 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 signing of the plat or 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) within the time set forth in Section 25-900.7 of this Ordinance.
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 Company, Bell Telephone Company, and cable television company Service Agreements (if applicable).
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 water-course diversions by the State of New Jersey, Department of Environmental Protection, where required.
k. Granting of a Coastal Area Facilities Review Act (CAFRA) permit, where required.
l. Approval of any required riparian 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 developer or his agents, contractors or employees in implementing of the approved site plan. 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, developer or builder to carry on the construction of the site without having a 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, or local law.
r. A condition setting forth the time within which all other conditions must be satisfied as described in Section 25-900.10.
In the event that the application for development for a final plat of a major site plan is approved, a certification to that effect in this form:
Approved as a final 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 plat and three (3) copies thereof shall be provided to the Board by the applicant. Said original shall be signed by the Chairman and Secretary of the Board after they receive a certification from the Administrative Officer (Planning Board or Board of Adjustment Secretary) that all conditions of approval have been satisfied. After signature, one copy of the signed plat shall be returned to the applicant.
Application for final site plan 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.
a. 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. If the developer has followed the standards prescribed for final approval, 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.
b. Final approval will expire ninety-five (95) days from the date of 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. The Planning Board may, for good cause shown, extend this time period.
An applicant may request and the Planning Board may consent to accept an application for development for combined preliminary and final major site plan 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 nor so complex as to require the additional review time which separate applications would provide.
Any approval granted by the Planning Board on such combined application shall confer upon the applicant all the rights set forth in this section for final approval.
In cases where a proposed exempt development requires Board of Adjustment action on an Application for Development for either (1) the granting of a variance pursuant to N.J.S.A. 40:55D-70 or (2) direction for issuance of a Building Permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36; the Administrative Officer (Board of Adjustment Secretary) shall, prior to issuance of a Certificate of Completeness or scheduling of the application for development for public hearing before the Board of Adjustment, determine that the following has been submitted in proper form:
a. Required application fees.
b. Seven (7) copies of a plot plan and/or other documents which clearly describe the basis for the variance being requested or the basis for direction for issuance of a Building Permit being requested.
c. Seven (7) copies of an area map showing the tax lot and block numbers of all properties located within two hundred feet (200') of the property for which the application is being made.
d. Any other documents which the Board of Adjustment may request.
Any approval of an application for development by the Board of Adjustment or issuance of a Zoning Permit under this Section shall be subject to the following:
a. The applicant obtaining a construction permit, or Certificate of Occupancy where a construction permit is not required, within the time period stated in Article 900.
b. Any other conditions which the Board of Adjustment may impose. (Ord. #99-20, 8)
The intent of this section is to provide an abbreviated procedure for the approval of minor changes to a development previously granted site plan approval by either the Planning Board or Zoning Board of Adjustment. The change proposed shall conform to all applicable City ordinances, and not more than two (2) administrative reviews may be permitted per development. The Director of Planning shall determine, on an individual basis, if the changes proposed are appropriate for administrative review. Changes similar to those noted below may be eligible for administrative review:
a. Exterior lighting;
b. Landscaping, screening, fences and buffers;
c. Drainage;
d. Signs;
e. Parking layout;
f. HVAC, solid waste containment. (Ord. #03-22, §2; Ord. #04-13, §9)
One (1) original and two (2) copies of the application for administrative review shall be on the appropriate City of Ocean City form accompanied by a plat which includes 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. A copy of the site plan previously approved by the Planning Board or Zoning Board of Adjustment, and an executed copy of the Board's decision and resolution granting approval.
g. A revised site plan clearly indicating the nature and extent of proposed change, and a written description of, explaining the proposed change.
h. Application and escrow fees as required.
i. Such other information as may be reasonably required to ascertain the nature and extent of the changes proposed.
j. A schedule of zoning requirements applicable to the property and an indication of whether or not the application is in conformance with such requirements. (Ord. #03-22, §2; Ord. #04-13, §9)
If. it is determined that the proposed change does not meet the criteria set forth by this section, or that the proposed change will substantially alter the Board's original approval of the site plan, the applicant shall be directed to submit the proposed change to the appropriate Board for approval. All such determinations regarding either the approval or denial of an application submitted for administrative review shall be in writing. (Ord. #03-22, §2; Ord. #04-13, §9)
**Webmasters Note: The previous sections, 25-1500.12 through 25-1500.12.3, have been amended as per Supplement No. 2.
