Article IV. Development Application Procedures
§ 244-21. Approval required.

In all zones, for all proposed uses, subdivisions, site development or construction, other than exempt development, site plan and/or subdivision approval shall be required prior to:

A. The issuance of a development permit.

B. The issuance of a building permit for any new structure or for any addition to or alteration of an existing structure.

C. Any change of use of land or structure to a use for which any of the standards of this chapter are more restrictive or stringent.

D. Any expansion of the total number of employees, number of employees in any shift or the number of vehicles to be stored or parked on the site exceeding 15% of the amount existing at the time of passage of this chapter or as set forth at the time of a previous site plan approval.

E. The construction or alteration of any public facility, structure or building for which referral to the Planning Board for review and recommendation is required by N.J.S.A. 40:55D-31.

F. The construction or alteration of or addition to any off-street parking area which provides an increase of 10 or more vehicle parking spaces.

§ 244-22. Application required.

A. Application shall first be made to the administrative officer for issuance of a development permit by any person wishing to undertake any of the following, unless the proposed undertaking is a single-family dwelling on an existing lot of record in the Pinelands Area, in which case a preliminary zoning permit shall instead be required pursuant to the provisions of § 244-78:

[Amended 3-23-1998 by Ord. No. 9-98]

(1) Construct a new building or structure.

(2) Add to or structurally alter any existing building.

(3) Change the use on any land or within any building or structure.

(4) Any expansion of the total number of employees, number of employees in any shift or the number of vehicles to be stored or parked on the site exceeding 15% of the amount existing at the time of passage of this chapter or as set forth at the time of a previous site plan approval.

(5) Construct, add to or alter any parking area, signs, lighting, drainage facility or any other site improvement above and/or below ground level.

(6) Alter the existing condition of any parcel of land, including the filling or excavation of land.

(7) Erect a fence in conjunction with any nonfarm use.

B. If the administrative officer shall determine that the proposed undertaking is an exempt development which conforms in all aspects to the requirements of this chapter and does not require direction for issuance of a building permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36, he shall issue a development permit, and the applicant may then apply for a building permit and/or other permits that may be required.

C. If the administrative officer shall determine that the proposed undertaking is an exempt development but does not conform in all aspects to the requirements of this chapter and/or requires direction for issuance of a building permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36, he shall instruct the applicant that Board of Adjustment approval of an application for development for variance and/or direction for issuance of a building permit is required before a development permit may be issued allowing the applicant to apply for a building permit and/or other permits that may be required.

D. If the administrative officer shall determine that the proposed undertaking is not an exempt development, he shall instruct the applicant that Planning Board or Board of Adjustment approval of an application for development is required. He shall further advise the applicant which Board has jurisdiction over the application for development and which of the following approvals are required:

(1) Site plan.

(2) Subdivision.

(3) Variance.

(4) Conditional use.

(5) Direction for the issuance of a building permit.

E.The Planning Board or Board of Adjustment shall hear and act upon any requests for granting of variances, conditional use approval and/or direction for the issuance of a building permit at the same time that it hears and acts upon a minor subdivision, minor site plan, preliminary plat of a major subdivision or a preliminary plat of a major site plan. No such action shall be taken simultaneously with any action on a sketch plat of a major subdivision or major site plan. Such simultaneous action shall not be taken in conjunction with a final plat of a major subdivision or major site plan unless revisions in the plat subsequent to preliminary plat approval shall have created the need for such simultaneous action.

§ 244-23. Application procedures.

A. Submission requirements. Eighteen sets of the application for development shall be submitted and shall be accompanied by 11 sets of the required plats, plans, maps and supporting attachments, exhibits and information. Applications for development shall not be accepted by the Office of Planning and Zoning unless they are accompanied by the required fees as set forth in § 244-12 of this chapter. [Amended 4-23-2001 by Ord. No. 12-01]

B. Administrative procedure. Upon the receipt of an application for development, the Office of Planning and Zoning shall forward one set of the application and one set of each of the accompanying plans, maps, supporting attachments, exhibits and information to the office of the Planning Board Engineer.

C. Engineering review. The Board Engineer shall review applications for development for site plan, subdivisions and conditional uses and shall advise the applicant's engineer of any technical deficiencies, required changes and/or recommended changes. Eighteen copies of revised plans and attachments, which correct all deficiencies, incorporate all required changes and satisfactorily consider all recommended changes, shall be submitted to the Office of Planning and Zoning for processing. [Amended 4-23-2001 by Ord. No. 12-01]

D. Certificate of completeness. When all submission requirements have been fulfilled and, in the case of site plans, subdivisions and conditional uses, when reports have been prepared indicating that the plans and attachments submitted are in technical compliance, the administrative officer shall issue a certificate of completeness and schedule the application for development for public hearing before the Planning Board or Board of Adjustment.

E. Conditional approvals.

(1) After issuance of a certificate of completeness, all applications for development shall be acted upon by the Planning Board or Board of Adjustment within the time limits set forth in this chapter, or within such further time as may be consented to by the applicant. If required, approvals from other governmental agencies have not been received prior to Planning Board or Board of Adjustment 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 governmental agency and such governmental agency requires revisions in the plat which alter the layout and/or design standards approved by the Planning Board or Board of Adjustment 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 or Board of Adjustment and pay the fees for such revised approval set forth in § 244-12 of this chapter.

F. Planning Board action. In acting upon an application for development for a subdivision, site plan or conditional use, the Planning Board shall consider whether the submittal complies with 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 for the collection and disposal of stormwater runoff.

(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 area, 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 which will not produce adverse effects on existing developments in the surrounding area or future uses designated for the surrounding area in the Master Plan.

(11) The proposed development is compatible with approved subdivisions and/or site plans for adjacent and nearby parcels of land.

G. Issuance of development permit. Approvals of all applications for development shall not be valid until all of the following have taken place:

(1) The administrative officer shall certify that all conditions of approval have been satisfied.

(2) In the case of applications for development for site plans and subdivisions, the applicant shall submit for signature to the Office of Planning and Zoning the reproducible original of the plat and 10 paper prints, all with the Ocean County Planning Board stamp and signature of the Chairman.

(3) After signature, the Office of Planning and Zoning shall return the reproducible original of the plat and attachments to the applicant.

(4) For all applications for development that receive final plat approval, the administrative officer shall issue a development permit after the plat has been signed. The date of the development permit shall be the date upon which the approval becomes valid. The date upon which the approval of applications for development related to a preliminary plat becomes valid shall be the date on which the plat is signed by the Chairman and Secretary or Assistant Secretary of the Planning Board or Board of Adjustment. However, the period of time for which certain rights are conferred upon the applicant shall commence on the date which the Planning Board or Board of Adjustment granted approval.

H. Administrative approval may be granted for changes to any previously approved site plan or subdivision, which changes comply with the following:

(1) Technical changes in engineering design, location of facilities and improvements, or composition of the same, may be granted by the Township Engineer if said changes have no affect on the purpose and intent of the initial approval and said changes do not diminish setbacks or location of improvements less than stipulated or required by ordinance or increase the dimension of any building or facility beyond 10% of the original approval, provided that all other requirements or stipulations of approval have been met.

(2) Any changes in location of facilities as above mentioned may be approved administratively by the full Board upon petition of the applicant or at the discretion of the Township Engineer unless the same impacts the subject matter of a public hearing or substantially changes the location of any facility or building beyond the content of said original approval.

§ 244-24. Minor subdivisions.

A. Required documents. Prior to the issuance of a certificate of completeness, the administrative officer shall determine that the following have been submitted in proper form:

(1) Proof from the Tax Office that real estate taxes and local assessments have been paid to date.

(2) Proof of submission to the Ocean County Planning Board.

(3) Proof of submission to the Jackson Township Municipal Utilities Authority.

(4) Proof of submission to the Ocean County Soil Conservation Service.

(5) Proof of submission to the Ocean County Board of Health.

(6) Proof of submission to the Jackson Township Environmental Commission.

(7) Application for a floodplain encroachment, where required.

(8) Application for a state wetlands approval, where required.

(9) Other submittals that may be required by the Planning Board Engineer, Planning Board or federal, state or local law.

(10) A request for the granting of any variances, waivers or other approvals required from the Planning Board.

(11) Required application and escrow fees.

(12) Eighteen copies of the plat and attachments meeting the requirements set forth below. [Amended 4-23-2001 by Ord. No. 12-01]

B. Plat requirements.

(1) General requirements. The plat for a minor subdivision shall be drawn at a scale of not less than 100 feet to the inch, shall conform to the provisions of Chapter 141 of the Laws of 1960 of the State of New Jersey, as amended and supplemented, and shall include or be accompanied by the information specified below:

(a) All dimensions, both linear and angular, of the exterior boundaries of the subdivision. All lots and lands reserved or dedicated for public use shall balance, and their descriptions shall close within a limit of error of not more than one part in 10,000.

(b) The minor subdivision shall be based upon a current boundary survey certified to by the subdivider and prepared or recertified not less than 12 months prior to the date of application. The outbound survey and subdivision shall be in New Jersey State Plane Coordinates, North American Datum, 1983. To assure the compatibility of the survey data and the Geographic Information System (GIS) in the course of development in the Township, the basis of bearings for all surveys must be stated in the New Jersey Plane Coordinate System, as adopted by state statutes and standards. The minor subdivision plat must contain a factual statement indicating the control monuments and methodologies used to establish the bearing system. Bearings shall be stated in degrees, minutes and seconds (as a whole integer). Survey distances defining the property and plane coordinate values of the description point of beginning and one other property corner shall be stated. Property surveys must close mathematically in all cases. Coordinated positions, bearings and distances, including the methodology for their establishment, must meet or exceed the published standards for Third Order, Class I accuracy.[Amended 6-8-1998 by Ord. No. 16-98]

(2) Title block. The title block shall appear on all sheets and shall include:

(a) The title of "Minor Subdivision."

(b) The name of the subdivision, if any.

(c) The Tax Map sheet, block and lot number(s) of the tract to be subdivided as shown on the latest Township Tax Map, the date of which shall also be shown.

(d) The acreage of the tract being subdivided to the nearest hundredth of an acre.

(e) The names and addresses of owner and subdivider so designated.

(f) The date of the original plat and all revisions thereto.

(g) The name(s), signature(s), address(es) and license number(s) of the engineer and/or land surveyor who prepared the map and made the survey. The plat shall bear the embossed seal of said engineer and/or land surveyor.

(3) Detailed information. Detailed information shall be as follows:

(a) A key map, at a scale of not less than one inch equals 2,000 feet, which shall be based on a reproduction of the Tax Map sheet, or portions thereof, and shall show the subject site with reference to surrounding areas, existing streets, the names of all such streets and any zone boundary or municipal boundary within 500 feet of the property in question.

(b) The names and addresses of all owners of and property lines of parcels within 200 feet of the land to be subdivided, including properties across the street, as shown by the most recent records of the Township of Jackson, or of the municipality of which the property is a part. The list of property owners shall also indicate the use of parcels within 200 feet.

(c) All zone boundaries and Tax Map sheet, lot and block numbers, existing streets and watercourses within 200 feet of the boundaries thereof and both the width of the paving and the width of the right-of-way of each street, existing public easement and Township border within 200 feet of the subdivision.

(d) All existing structures, with an indication of those which are to be destroyed or removed, and the front, rear and side yard dimensions of those to remain, referenced to proposed lot lines.

(e) All existing and proposed public easements or rights-of-way and the purposes thereof.

(f) The existing system of drainage of the subdivision and of any larger tract of which it is a part, together with information on how it is proposed to dispose of surface drainage.

(g) All proposed lot lines and the areas of all lots in square feet. The areas and dimensions specified shall be shown to the nearest hundredth of a square foot or hun dredth of a linear foot.

(h) North arrow.

(i) Written and graphic scales.

(j) Schedule on the plat indicating the acreage of the tract, the number of lots, the zone, the minimum required lot areas and setbacks and dimensions (both required and proposed).

(k) Signature within the appropriate certificate block of the engineer and/or land surveyor who prepared the plat and the embossed seal of same.

(l) All required endorsements or certifications and space for the appropriate signatures.

(m) All monumentation as required pursuant to the Map Filing Law, including all monuments found, set and to be bonded.

(n) Proposed lot and block numbers, subject to approval by the Township Engineer.

(o) Such other information as the Planning Board and/or Planning Board Engineer may require or request during the review of the application for classification and approval as a minor subdivision.

C. Conditions of approval. Any approval of an application for development for a minor subdivision granted by the Planning Board shall be subject to the following conditions being satisfied prior to signing of the plat or issuance of a development permit:

(1) Installation of or posting of performance guaranties for the installation of any improvements required by the Planning Board.

(2) Ocean County Planning Board approval, if not previously granted.

(3) Ocean County Board of Health approval, if necessary and not previously granted.

(4) Jackson Township Municipal Utilities Authority approval, if not previously granted, or a letter of no interest.

(5) Jackson Township Environmental Commission review, if not previously received.

(6) Payment of the required reproduction fee, pursuant to § 244-12 of this chapter.

(7) Payment of the required Tax Map maintenance fee, pursuant to § 244-12 of this chapter.

(8) Submission of additional prints of the plat map and attachments for distribution, if required.

(9) Any other conditions which may be imposed by the Planning Board or which may be required by federal, state or local law.

D. Certification. In the event that the application for development for a minor subdivision is approved, certifications shall appear on the plat that said plat is in compliance with the Map Filing Law.

E. Resolution compliance. Upon approval of a minor subdivision plat by the municipal agency, the applicant shall submit, to the Office of Planning and Zoning, the original Mylar and seven paper prints, all with the stamp of approval of the Ocean County Planning Board and the signature of the Chairman of the Ocean County Planning Board. The Office of Planning and Zoning shall transmit the original Mylar and the seven prints to the Township Engineer, who shall be responsible for reviewing the plat for compliance with the resolution of approval adopted by the municipal agency. After said review, the Township Engineer shall retain one print, send one print to the applicant's engineer, and return five prints and the original Mylar of the plat to the Office of Planning and Zoning for signature by all appropriate municipal officials. Upon being signed by Township officials, the plat shall be picked up by the applicant. The Office of Planning and Zoning shall retain five prints of the plat for its records and for distribution to various municipal offices.

F. Filing of approved plat. If the applicant desires to proceed with a subdivision for which approval as a minor subdivision has been granted, he shall file with the county recording officer a deed or an approved minor subdivision plat drawn in compliance with Chapter 141 of the Laws of 1960, as amended and supplemented, within 190 days from the date of approval by the Planning Board. In the event that the subdivider fails to so file within the period allowed, the approval of the plat shall expire.