§ 276-65. Submission of preliminary major subdivision plats and preliminary major site plans.

A. 

Procedure for submitting preliminary major subdivision plats and preliminary major site plans. The applicant shall submit to the administrative officer at least three weeks prior to the meeting 15 copies of the preliminary plat or preliminary plan plus an additional copy of the plat or plan in portable document format ("pdf") on a CD-Rom; 15 completed copies of the appropriate applications which includes the checklist(s) pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter; 15 copies of any protective covenants or deed restrictions applying to the land being subdivided or developed; and a fee in accordance with § 276-67 of this chapter. The application shall contain an acknowledgment signed by the applicant stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon preliminary major subdivision plats and preliminary major site plans and agrees to be bound by it. The administrative officer shall process the application and shall issue an application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats or plans and other documents submitted for processing in conjunction with the application.

B. 

Details required for preliminary major subdivision plats and preliminary major site plans. Each preliminary plat or preliminary plan shall be drawn by a professional engineer and/or land surveyor licensed to practice in the State of New Jersey and shall bear the signature, seal, license number and telephone number of said professional engineer and/or land surveyor; provided, however, that all engineering data shall be signed and sealed by a professional engineer and all surveying data shall be signed and sealed by a professional land surveyor. Each submission shall be drawn at an appropriate scale not less than one inch equals 100 feet and shall be submitted on one of four of the following standard sheet sizes: eight inches by 13 inches; 15 inches by 21 inches; 24 inches by 36 inches; 30 inches by 42 inches. Each preliminary plat or plan shall show the following information, as appropriate to a subdivision plat or site plan, unless the municipal agency determines and so notifies the applicant that such information either is unnecessary or inapplicable to the particular subdivision or development plan:

(1) 

A key map showing the entire tract and its relation to the surrounding areas at a scale of one inch equals not more than 1,000 feet.

(2) 

Title block in accordance with the rules governing title blocks for professional engineers (N.J.S.A. 45:8-36), including:

(a) 

Name of subdivision or development, City of North Wildwood, Cape May County;

(b) 

Name, title, address and telephone number of subdivider or developer;

(c) 

Name, title, address and license number of the professional or professionals who prepared the plat or plan;

(d) 

Name, title and address of the owner or owners of record;

(e) 

Scale (written and graphic); and

(f) 

Date of original preparation and of each subsequent revision thereof and a list of the specific revisions entered on each sheet.

(3) 

North arrow.

(4) 

Certification that the applicant is the owner of the land or his properly authorized agent or that the owner has given his consent under an option agreement.

(5) 

Approval signature lines:

(a) 

Chairman;

(b) 

Secretary; and

(c) 

City Engineer.

(6) 

Acreage to the nearest 10th of an acre and a computation of the area of the tract to be disturbed.

(7) 

The names and lot and block numbers of all property owners within 200 feet of the extreme limits of the tract as shown on the most recent tax list prepared by the City Tax Collector.

(8) 

Existing tax sheet number(s) and existing block and lot number(s) of the lot(s) to be subdivided or developed as they appear on the City Tax Map and proposed block and lot numbers as provided by the City Tax Collector upon written request.

(9) 

Tract boundary line (heavy solid line).

(10) 

Zoning districts, including district names and requirements, and a comparison to the application.

(11) 

The location of natural features such as wetlands and treed areas, both within the tract and within 100 feet of its boundaries.

(12) 

The proposed location of all proposed plantings shall be indicated and a legend provided listing the botanical and common names, the sizes at the time of planting, the total quantity of each plant, and the location of each plant keyed to the plan or plat.

(13) 

All existing and proposed watercourses shall be shown and accompanied by the following information:

(a) 

When a stream is proposed for alteration, improvement or relocation or where a drainage structure or fill is proposed over, under, in or along a running stream, a report on the status of review by the State Department of Environmental Protection, Division of Water Resources, shall accompany the submission;

(b) 

Cross sections of watercourses and/or drainage swales at an approximate scale showing the extent of the floodplain, top of bank, normal water levels and bottom elevations at the locations required by the City Engineer;

(c) 

The location and extent of drainage and conservation easements; and

(d) 

The location and type of adequate drainage provisions to reasonably reduce and minimize exposure to flood damage.

(14) 

Existing and proposed contours as shown on the USGS topographic sheets. Existing contours shall be shown as a dashed line; finished grades shall shown as a solid line.

(15) 

Proposals for soil erosion and sediment control as required by N.J.S.A. 4:24-39 et seq.

(16) 

Locations of all existing structures showing existing and proposed front, rear and side yard setback distances and an indication of whether the existing structures and uses will be retained or removed, both within the tract and within 100 feet of its boundary.

(17) 

Size, height and location of all proposed buildings, structures, signs and lighting facilities.

(18) 

All dimensions necessary to confirm conformity to the chapter such as the size of the tract and any proposed lot(s), structure setbacks, structure heights, yards and floor area ratios. All tract and lot sizes shall be expressed in acres and square feet and shall include bearings and distances.

(19) 

The proposed location, direction of illumination, power and type of proposed outdoor lighting, including details of lighting poles and luminaries.

(20) 

The proposed screening, buffering and landscaping, including a landscaping plan.

(21) 

The location and design of any off-street parking area, showing size and location of bays, aisles and barriers, curbing and paving specifications.

(22) 

All means of vehicular access and egress to and from the site onto public streets, showing the site and the location of driveways and curb cuts, including the possible utilization of traffic signals, channelization, acceleration and deceleration lanes, sight triangle easements, additional width and other proposed devices necessary to prevent a difficult traffic situation.

(23) 

The application shall include plans and computations for any storm drainage system, including the following as may be required by the City Engineer:

(a) 

All existing or proposed storm sewer lines within or adjacent to the tract showing size and slope of the lines, direction of flow and the location of each catch basin, inlet, manhole, culvert and headwall.

(b) 

A map drawn to scale (minimum scale one inch equals 100 feet) showing the contributing area to each inlet or cross drain.

(c) 

A weighted runoff coefficient for each drainage area shall be determined for use in the computations.

(24) 

The location of existing structures such as water and sewer mains, utility structures, gas transmission lines and high-tension power lines on the tract and within 200 feet of its boundaries.

(25) 

Plans of proposed improvements and utility layouts, including sewers, storm drains and water lines, and feasible connections to gas, telephone and electrical utility systems. If private utilities are proposed, they shall comply fully with all City, county, state and federal regulations. If service will be provided by an existing utility company, in lieu of detailed plans, a letter from that company stating that service will be available before occupancy will be sufficient. Additionally, letters from the appropriate county and state agencies granting approval for the extension of utility service(s) under their respective jurisdiction shall be submitted with the application.

(26) 

Plans, typical cross-sections and construction details, horizontal and vertical alignments of the center line of all proposed streets and of all existing streets abutting the tract. The vertical alignments shall be based on USGS vertical datum or a more specified datum supplied by the City Engineer, including curbing, sidewalks, storm drains, drainage structures and cross sections every half and full station of all proposed streets and of all existing streets abutting the tract. Sight triangles, the radius of curblines and street sign locations shall be clearly indicated at the intersections.

(27) 

Any protective covenants or deed restrictions applying to the land being developed shall be submitted with the application and/or indicated on the submitted plat or plan.

(28) 

The location and width of all existing and proposed utility easements, the use(s) for which they are intended to be limited, and the manner in which the easements will be controlled.

(29) 

The proposed permanent monuments shall be shown, in accordance with the Map Filing Law, N.J.S.A. 46:23-9.9.

Editor's Note: N.J.S.A. 46:23-9.7 to 46:23-9.16 were repealed by L. 2011, c. 217, § 2. See now N.J.S.A. 46:26B-1 et seq.

(30) 

Concerning major site plans only, the proposed number of shifts to be worked, the maximum number of employees on each shift, and the hours of operation open to public use.

(31) 

A statement from the City Tax Collector that all taxes and assessments are paid to date, or that adequate provision for their payments has been made, in a manner satisfactory to the municipality, evidence of which shall be submitted at the time of the hearing by the applicant.

(32) 

When a tidal watercourse or wetlands are proposed for alteration, development, improvement, or relocation, provide the status of review by the State Department of Environmental Protection and Energy, Division of Coastal Resources.

(33) 

The status of review or exemption by the State Department of Environmental Protection and Energy, Division of Coastal Resources, for compliance with the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 et seq.

(34) 

Provisions for the collection and storage of recyclable materials.

(35) 

In the case of any subdivision or site plan submission of a planned development, all of the required information for all of the properties comprising the planned development.

(36) 

Concerning major site plans for the development, conversion, expansion or use of condominiums only, a detailed floor plan of the entire structure on a twenty-four-inch by thirty-six-inch Mylar transparency.

(37) 

The Board reserves the right to require additional information before granting preliminary approval when unique circumstances affect the tract and/or when the application for development poses special problems for the tract and surrounding area. Such information shall include, but not be limited to, drainage calculations and traffic analyses; provided, however, that no application shall be declared incomplete for the lack of such additional information.

C. 

Action by the City.

(1) 

The administrative officer shall review the major subdivision or major site plan application for the purpose of determining, within 45 days of its submission, whether said application is complete. Thereafter:

(a) 

If said application is found to contain all of the information required by § 276-65B of this chapter, the administrative officer shall certify that said application is complete and direct the application to the appropriate Board.

(b) 

If said application is found to lack some of the information required by § 276-65B of this chapter, the administrative officer shall either:

[1] 

Cause the applicant to be notified, in writing, that said application is incomplete, specifying the deficiencies in the application; or

[2] 

If the administrative officer reasonably concludes that the missing items of information are not necessary for it to make an informed decision on the application, the administrative officer may waive the requirement that said items be supplied as a prerequisite for completeness and certify that the application is complete notwithstanding the missing items.

(c) 

An applicant who has been notified that his application is incomplete may request waiver of one or more of the submission requirements set forth in § 276-65B, and said request shall be granted or denied by the Planning Board or Zoning Board of Adjustment, as the case may be, within 45 days.

(d) 

In the event the City fails to act pursuant to Subsection C(1)(b)[1] or [2] hereinabove within 45 days of the date of submission of the application, said application shall be deemed complete as of the 46th day following its submission.

(2) 

On the date the aforesaid application is certified complete or on the 46th day following the submission of the application in the event the City fails to make a determination of completeness, as the case may be, the applicable time period within which the Board must act upon the application shall commence. In any case, the applicant is obliged to prove that he or she is entitled to approval of the application. The Board may subsequently require correction of any information found to be in error, may require submission of additional information not specified in this chapter, and/or may require revisions in the application documents as are reasonably necessary to make an informed decision as to whether the requirements for approval of the application have been met, provided that the application shall not be deemed incomplete for lack of any such additional information or revisions.

(3) 

Promptly after certification of completeness, the application documents shall be distributed by the administrative officer to the following:

(a) 

The Planning Board or the Zoning Board of Adjustment, as the case may be: nine copies of the preliminary plat or plan and nine copies of the application and any protective covenants or deed restrictions;

(b) 

Cape May County Planning Board: one copy each of the preliminary plat or plan, the application and any protective covenants or deed restrictions);

(c) 

City Engineer: one copy each of the preliminary plat or plan, the application and any protective covenants or deed restrictions;

(d) 

Zoning Officer: one copy of the preliminary plat or plan; and

(e) 

At the direction of the Planning Board or the Zoning Board of Adjustment, as the case may be, additional copies of the preliminary plat or plan shall be sent to other City, county or state agencies as may be designated by the Board.

(4) 

The Planning Board shall take action on a preliminary major site plan application involving 10 acres of land or less and 10 dwelling units or less and/or a preliminary major subdivision application involving 10 lots or less within 45 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application, provided that any preliminary major site plan or preliminary major subdivision application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 shall be acted upon within 120 days pursuant to N.J.S.A. 40:55D-61, or within such further time as may be consented to by the applicant.

[Amended 6-5-2019 by Ord. No. 1781]

(5) 

The Planning Board shall take action on a preliminary major site plan application involving more than 10 acres of land or more than 10 dwellings and/or a preliminary major subdivision application involving more than 10 lots within 95 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application, provided that any preliminary major site plan or preliminary major subdivision application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 shall be acted upon within 120 days pursuant to N.J.S.A. 40:55D-61, or within such further time as may be consented to by the applicant.

[Amended 6-5-2019 by Ord. No. 1781]

(6) 

The Zoning Board of Adjustment shall take action on a preliminary major site plan application and/or preliminary major subdivision application under its jurisdiction in the time frame(s) as prescribed in Subsections C(4) and C(5) hereinabove unless said preliminary major site plan or preliminary major subdivision application is being considered by the Zoning Board of Adjustment simultaneously with an application for a use variance in accordance with N.J.S.A. 40:55D-70d and § 276-55D of this chapter, in which case the Zoning Board of Adjustment shall act upon all aspects of the application within 120 days after the application has been certified complete by the Zoning Board of Adjustment or administrative officer or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.

(7) 

Any proposed application for development determined by the Board to be creating, imposing, aggravating or leading to the possibility of an adverse effect upon either the property in question or upon any adjacent properties may be required to be revised to mitigate any adverse effect(s) prior to further review or approval by the Board or, where the remaining portion of the original tract is sufficient to be subdivided or further developed, the applicant may be required to submit a sketch of the entire portion of the tract to indicate a feasible plan whereby the applied-for subdivision or development, together with subsequent subdivision(s) or development(s), may be submitted that will not create, impose, aggravate or lead to any such adverse effect.

(8) 

In the case of planned developments only, the Board shall find the following facts and conclusions prior to granting approval:

(a) 

That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning provisions specified in Article VI of this chapter pursuant to N.J.S.A. 40:55D-65c;

(b) 

That the proposals for maintenance and conservation of the common space are reliable and the amount, location and purpose of the common open space are adequate;

(c) 

That provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate;

(d) 

That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established; and

(e) 

In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.

(9) 

All hearings held on applications for preliminary major subdivision approval (and in certain cases preliminary major site plan approval) shall require public notice of the hearing. The Board shall set the date, time and place for the public hearing and shall inform the applicant of this at least 14 days prior to said hearing date. Notice of the hearing shall be given by the applicant at least 10 days prior to the date of the hearing (see § 276-59D).

(10) 

The recommendation of those agencies and officials to whom the preliminary plat or plan was forwarded shall be given careful consideration in the final decision on the development application. If the County Planning Board or the City Engineer approve the preliminary submission, such approval shall be noted on the plat or plan. If the Board acts favorably on the preliminary plat or plan, the City Engineer and the Chairman and Secretary of the Board (or the acting Chairman or Secretary, where either or both may be absent) shall affix their signatures to at least 10 copies of the plat or plan with the notification that it has been approved. The applicant shall furnish such copies to the Board.

(11) 

Should minor revisions or additions to the plat or plan be deemed necessary, the Board may grant preliminary approval subject to specified conditions and receipt of revised plans within 30 days from the date of said approval. Should substantial revisions be deemed necessary, the Board shall require that an amended plat or plan be submitted and acted upon as in the case of the original application.

(12) 

If the Board, after consideration and discussion of the preliminary plat or plan, determines that it is unacceptable, a notation shall be made by the Chairman of the Board to that effect on the plat or plan and a resolution adopted in accordance with § 276-59F of this chapter setting forth the reasons for such rejection. One copy of the plat or plan and said resolution shall be returned to the applicant within 10 days of the adoption of said resolution.

D. 

Effect of preliminary approval.

(1) 

Preliminary approval shall confer upon the applicant the following rights for a three-year period from the date on which the resolution of preliminary approval is adopted:

(a) 

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; and in the case of a site plan, any requirements peculiar to site plan approval; except that nothing therein shall be construed to prevent the municipality 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 plat or plan; and

(c) 

That the applicant may apply for and the 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.

(2) 

Subdivision or site plan for area of 50 acres or more.

(a) 

In the case of a subdivision or of a site plan for an area 50 acres or more, the Planning Board may grant the rights referred to in Subsection D(1) hereinabove for such period of time, longer than three years, as shall be determined by the Board to be reasonable, taking into consideration:

[1] 

The number of dwelling units and nonresidential floor area permissible under preliminary approval;

[2] 

Economic conditions; and

[3] 

The comprehensiveness of the development.

(b) 

The applicant may apply for thereafter, and the Board may thereafter grant, an extension to preliminary approval for such additional period of time as shall be determined by the Board to be reasonable, taking into consideration:

[1] 

The number of dwelling units and nonresidential floor area permissible under preliminary approval;

[2] 

The potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval;

[3] 

Economic conditions;

[4] 

The comprehensiveness of the development; and

[5] 

Provided that if the design standards have been revised by ordinance, such revised standards may govern.

(3) 

Whenever the Board grants an extension of preliminary approval pursuant to Subsections D(1)(c) or D(2) hereinabove and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.

(4) 

The Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the approvals. A developer shall apply for this extension before what would otherwise be the expiration date or the 91st day after the date on which the developer receives the last of the legally required approvals from the other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Board from granting an extension pursuant to Subsection D(1)(c) or D(2) hereinabove.