§ 53A-11. Applications for development; procedure.

A. 

Submission requirements. All applications for development shall be submitted in triplicate and shall be accompanied by at least 12 copies of the required plat maps and supporting attachments, exhibits and information. The Administrative Officer shall not accept applications for development unless the required fees accompany them as set forth in Chapter 37, Land Use Procedures.

B. 

Administrative review. Upon receipt of an application for development, the Administrative Officer shall review the application for compliance with submission requirements, plat details and supporting exhibits and information. Upon completion of the review, the Administrative Officer shall also, upon receipt of an application for development for a site plan, subdivision and/or conditional use, forward one copy each of the application, plat and attachments to the Planning Board Engineer.

C. 

Engineering review. The Planning Board Engineer shall review applications for development for site plans and conditional uses and shall advise the Administrative Officer and the applicant of any technical deficiencies, required changes and/or recommended changes. Twelve copies of revised plans and attachments that correct all deficiencies, incorporate all required changes and satisfactorily consider all recommended changes shall be submitted to the Administrative Officer for further review.

D. 

Certificate of completeness. When all submission requirements have been fulfilled and, in the case of site plans and conditional uses, when reports have been received from the Planning Board Engineer that the plans and attachments submitted are in technical compliance, the Administrative Officer shall issue a certificate (or letter) of completeness and schedule the application for development for public hearing before the Planning Board.

E. 

Conditional approvals.

(1) 

After issuance of a certificate of completeness, all applications for development shall be acted upon by the Planning Board within the time limits set forth within this chapter, or within such further time as may be consented to by the applicant. If required approvals from other government agencies have not been received prior to Planning Board approval of an application for development, such approval shall be conditional upon the subsequent approval or approvals by the other government agencies unless the applicant shall request that such approval be withheld until the approval or approvals from the other government agencies have been received.

(2) 

If approval is granted conditioned upon the subsequent approval of another government agency and such government agency requires revisions in the plat which alter the layout and/or design standards approved by the Planning Board, to an extent that the Administrative Officer determines that the basis upon which the approval was granted has been changed, the applicant shall be required to receive revised approval from the Planning Board and pay the fees for such revised approval set forth in Chapter 37.

F. 

Planning Board action. In acting upon an application for development for a site plan, the Planning Board shall consider whether the submittal complies to the following standards and regulations:

(1) 

The proposed use is consistent with the Master Plan.

(2) 

The plat submission contains all of the information and data required by this chapter.

(3) 

The details and improvement standards of the plat are in accordance with the standards of this chapter.

(4) 

Adequate provision is made for safe and convenient vehicular traffic access, circulation and parking.

(5) 

Adequate provision is made for safe and convenient pedestrian circulation.

(6) 

Ingress and egress for the site will not unduly impede or obstruct the flow of traffic on public streets.

(7) 

Adequate provision has been made to meet the stormwater management requirements as outlined in Chapter 55B and any drainage facilities have been approved by the Planning Board Engineer.

[Amended 10-20-2008 by Ord. No. 2008-24 (1052)]

(8) 

Adequate provision has been made to screen adjoining residential properties from any adverse effects that might result from outdoor lighting, buildings, parking areas, refuse storage areas, recreation areas, equipment areas, bulk storage areas or similar utilities or structures located on the site.

(9) 

Adequate provision has been made for compliance with the performance standards of this chapter.

(10) 

Adequate provision has been made to provide structures and uses of a quality and design that will not produce adverse effects on existing developments in the surrounding area in the Master Plan.

(11) 

The proposed development is compatible with approved site plans for adjacent and nearby parcels of land.

(12) 

Access to the proposed development conforms to the standards of the State Highway Access Management Code adopted by the Commissioner of Transportation under Section 3c of the State Highway Access Management Act, P.L. 1989, c. 32, N.J.S.A. 27:7-91, in the case of a state highway or with the standards of any access management code adopted by the county or Borough.

(13) 

In the official resolution approving the design layout of any development application, the Planning Board shall make a specific finding that the proposed lot(s) shown on the development plat are suitable and usable for the intended purpose, and that each proposed lot contains sufficient area to accommodate the proposed building or buildings, proposed accessory structures, proposed driveways and parking, the proposed connections to the water supply and sewage disposal system, as well as to provide adequate space for all front, side and rear yard setbacks required by the Zoning Ordinance. The Planning Board shall also make a specific finding that the development application being approved does not require variance, conditional use approvals, plan-design waivers, or relief from any other ordinance requirement, nor does it violate the terms or conditions imposed upon the subject property as a part of any earlier development approval.

(14) 

If the Planning Board finds that one or more of the proposed lots do not comply with the foregoing standards, then the design layout of the development shall not be approved, and the applicant shall be directed to submit a revised design layout. The official findings of the Planning Board shall be the reasons for the finding of unsuitability, making reference to specific provisions, terms or conditions imposed by earlier development approval resolutions, or the Land Development Ordinance, or any other local ordinances or of any law of the State of New Jersey that forms part of the basis for the denial of approval.

Editor's Note: See Ch. 37, Subdivision of Land.

(15) 

Reinforced concrete aprons shall be constructed at all driveways between the concrete curb and the concrete sidewalk. Such aprons shall be six inches thick for residential uses and all drives to parking areas of less than 50 spaces and eight inches for all other uses and shall be reinforced with welded wire fabric or an equivalent approved by the Borough Engineer. The width of the apron at the curbline shall be not less than the width of the driveway plus sufficient space for turning radii, but not less than 12 feet.

(16) 

At each driveway without curb return radii, the concrete curb and gutter shall be depressed to form a driveway opening. The depression shall be equal in length to the width of the driveway, but not less than 12 feet. At driveways with curb return radii, the curb depression shall accommodate the exterior limits of the radii. The depression shall be smoothly formed to maintain a lowered curb face across the depression of no more than 1 1/2 inch. The bottom of the curb shall be lowered to maintain full curb depth across the depression.

(17) 

Storm sewers; drainage.

[Amended 10-20-2008 by Ord. No. 2008-24 (1052)]

(a) 

Stormwater management strategies outlined in the Stormwater Management Ordinance shall be utilized to the fullest extent practical.

Editor's Note: See Ch. 55B, Stormwater Management.

(b) 

Storm sewers shall be designed in accordance with accepted engineering practices and be subject to the approval of the Borough Engineer.

(c) 

Pipes shall be considered "flowing full" at maximum capacity.

(d) 

The minimum design velocities at the flowing full condition shall be a minimum of two feet per second and a maximum of 10 feet per second. Drainage inlets are to have a concrete invert with pipes cut flush with walls. Inlets shall be self cleaning under low flow conditions.

(e) 

All transitions in slope, horizontal direction, and change in pipe size shall be confined to manholes, catch basins or similar accessible structures.

(18) 

Where appropriate, provision shall be made for sanitary sewage in the Borough's sanitary sewer system and/or Dover Municipal Utility Authority's sewer and treatment facility, and shall be adequate for all present and probable future development. Sanitary sewers shall be installed and connected in accordance with all sanitary sewer ordinances of this Borough and its Board of Health, now or hereafter adopted, and with the rules and regulations, where applicable, of the Ocean County Utility Authority and New Jersey Department of Environmental Protection.

(19) 

Utilities shall be installed in accordance with the rules and regulations of the Water and Electric Utilities of the Borough of Lavallette and, where appropriate, the Board of Public Utilities (BPU) or other utility corporations involved.

(20) 

Appropriate street lighting shall be installed where recommended by the Planning Board and approved by the Borough Mayor and Council.

(21) 

Monuments of the size and shape required by Chapter 141 of the Laws of New Jersey of 1960, as amended and supplemented, shall be placed in accordance with said statute.

(22) 

No soil shall be removed from the site or used as spoil. Soil moved during the course of construction shall be redistributed over all areas of the site.

(23) 

The proposed system of water supply shall be shown and shall be one of two types: either by the Lavallette Water Utility, or, in the event the development is in an area other than that served by the Lavallette Utility, by a water company operating under the Board of Public Utilities (BPU).