§ 276-66. Submission of final major subdivision plats and final major site plans.

A. 

Procedure for submitting final plats and final plans. A final plat or final plan shall be submitted to the administrative officer within three years after the date of preliminary approval or any authorized extension thereof. The applicant shall submit to the administrative officer at least three weeks prior to the meeting 15 copies of the final major subdivision plat or final major site plan plus 15 copies of the final major subdivision plat or final major subdivision plan in portable document format ("pdf") on a CD-Rom; 15 copies of the appropriate application(s), which includes the checklist(s) pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter; 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 final major subdivision plats and final major site plans and agrees to be bound by it.

B. 

Details required for final major subdivision plats and final major site plans. The following information shall be submitted:

(1) 

All details stipulated in § 276-65B of this chapter.

(2) 

All additional details required at the time of preliminary approval shall be submitted.

(3) 

A section or staging plan, if proposed, indicating the portion of the tract to be considered for final approval as part of the current application and the relationship of the portion of the tract to the remaining land area, including all applicable comparisons such as parking spaces, building coverage, lot coverage, open space areas and number of lots.

(4) 

Detailed architectural and engineering data, including:

(a) 

An architect's design drawing of each building and sign or a typical building and sign showing front, side and rear elevations;

(b) 

Cross sections, plans, profiles and established grades of all streets, aisles, lanes and driveways, including center line geometry and horizontal alignments with bearings, radii and tangents;

(c) 

Plans and profiles of all storm and sanitary sewers and water mains; and

(d) 

All dimensions of the exterior boundaries of any subdivision shall be balanced and closed to a precision of one to 5,000 and the dimensions of all lot lines to within one to 10,000. All dimensions, angles and bearings must be tied to at least two permanent monuments not less than 300 feet apart, and all information shall be indicated on the plat. At least one corner of the subdivision shall be tied horizontally to the New Jersey State Grid Coordinate System and vertically to the United States Geodetic Survey System, with the data on the plat as to how the bearings were determined.

(5) 

The final submission shall be accompanied by the following documents:

(a) 

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 matter satisfactory to the municipality, evidence of which shall be submitted at the time of the hearing by the applicant;

(b) 

Letters directed to the Chairman of the Board and signed by a responsible official of the lighting agency, water company, sewer utility and of any other company or governmental authority or district which provides accessory utility service and has jurisdiction in the area, approving each proposed utility installation design and stating who will construct the facility so that service will be available prior to occupancy. The designing engineer(s) shall certify to the Board that the existing cross section(s) and profile(s) have been run in the field and the field notes shall be forwarded to the City Engineer;

(c) 

The applicant shall certify in writing to the Board that he has:

[1] 

Installed all improvements in accordance with the requirements of this chapter; and/or

[2] 

Posted a performance guarantee in accordance with § 276-68 of this chapter.

(d) 

A statement from the City Engineer that all improvements installed prior to application have been inspected as provided in § 276-68 of this chapter and that such improvements installed prior to application for final approval that do not meet or exceed City standards shall be factored into the required performance guarantee.

C. 

Action by the City.

(1) 

The administrative officer shall review the aforesaid 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 § 276-66B 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 § 276-66B 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 § 276-66B, 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 Board 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 foresaid 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 final plat or plan and nine copies of the application;

(b) 

Cape May County Planning Board: one copy each of the final plat or plan and the application;

(c) 

City Engineer: one copy each of the final plat or plan and the application;

(d) 

Zoning Officer: one copy each of the final 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 final plat or plan shall be sent to other City, county or state agencies as may be designated by the Board.

(4) 

The Board shall take action on final site plan and final subdivision applications 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.

(5) 

The recommendations of those agencies and officials to whom the final plat or plan was submitted shall be given careful consideration in the final decision on the development application. If the County Planning Board or the City Engineer approve the final submission, such approval shall be noted on the plat or plan. If the Board acts favorably on the final 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 paper copies of the plat or plan with the notification that it has been approved. The applicant shall furnish such copies to the Board for signing. Moreover, in the case of final subdivisions only, the applicant shall include for signing one cloth copy and at least two Mylar copies of the approved plat in addition to the 10 paper copies.

(6) 

After approval of the final plat or plan by the Board, the Secretary of the Board shall retain one paper copy of the signed plat or plan and shall furnish other copies to each of the following within 10 days from the date of the adoption of a resolution in accordance with § 276-59F of this chapter:

(a) 

City Clerk: one paper copy;

(b) 

City Engineer: one paper copy and, in the case of subdivisions only, one Mylar copy drawn to the Tax Map scale of one inch equals 100 feet or one inch equals 400 feet, as directed by the City Engineer);

(c) 

Construction Official: one paper copy;

(d) 

City Tax Assessor: one paper copy;

(e) 

The applicant: one paper copy and, in the case of subdivisions only, one Mylar copy; and

(f) 

Such other City, county or state agencies and officials as directed by the Board.

(7) 

Within 95 days from the date of signing of the final subdivision plat, the subdivider shall file a copy of same with the Cape May County Clerk. In the event of failure to file within said 95 days, the approval of the major subdivision shall expire and any further proceedings shall require the filing of a new application as in the first instance. The Board, for good cause shown, may extend the filing for an additional 95 days. The Board may extend the ninety-five-day or 190-day period if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for an extension either before or after the original expiration date.

(8) 

If the Board, after consideration and discussion of the final plat or plan, disapproves the submission, a notation to that effect shall be made by the Chairman of the Board on the plat or plan. The Secretary of the Board, within 10 days of such adoption, shall notify the applicant of such disapproval and forward the applicant a copy of the adopted resolution setting forth the reasons for the disapproval.

D. 

Effect of final approval.

(1) 

Final approval of a subdivision or site plan shall confer upon the applicant the following rights for a period of two years from the date of final approval:

(a) 

The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or otherwise, shall not be changed.

(b) 

If the developer has followed the standards prescribed for final approval, the Board may extend the period of protection for extensions of one year each, not exceeding three and extensions.

(2) 

Subdivision or site plan for planned development or residential cluster of 50 acres or more or conventional subdivision or site plan of 150 acres or more.

(a) 

In the case of a subdivision or site plan for a planned development or residential cluster of 50 acres or more or in the case of a conventional subdivision or site plan of 150 acres or more, the Board may grant the rights referred to in Subsection D(1) hereinabove for such period of time, longer than two 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 final approval;

[2] 

Economic conditions; and

[3] 

The comprehensiveness of the development.

(b) 

The developer may apply thereafter and the Board may thereafter grant an extension to final 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 permissable under final approval;

[2] 

The number of dwelling units and nonresidential floor area remaining to be developed;

[3] 

Economic conditions; and

[4] 

The comprehensiveness of the development.

(3) 

Whenever the Board grants an extension of final approval pursuant to Subsections D(1)(b) or (2) hereinabove and final 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 final 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)(b) or (2) hereinabove.