Ocean City City Zoning Code

Class I. The Mayor:

Class II. One of the officials of the City of Ocean City other than a member of the governing body, and an alternate designated as Class II Alternate, both to be appointed by the Mayor; provided that the member of the Environmental Commission, if there be such Commission, who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Planning Board member if there is both a member of the Zoning Board of Adjustment and a member of the Board of Education among the Class IV members.

Class III. A member of the City Council to be appointed by the Council.

Class IV. Six (6) other residents of the City of Ocean City to be appointed as regular members by the Mayor and two (2) other residents of the City of Ocean City to be appointed as alternates by the Mayor. Such alternate members shall be designated by the Chairman of the Planning Board as "Alternate #1" and "Alternate #2" and shall serve in rotation during the absence or disqualification of any regular member or members of Class IV. The members of Class IV shall hold no other municipal office except that one (1) member may be a member of the Zoning Board of Adjustment and one (1) may be a member of the Board of Education. A member of the Environmental Commission, if there be such Commission, who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be a Class IV Planning Board member unless there be among the Class IV members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education, in which case the member of the Environmental Commission shall be deemed to be the Class II member of the Planning Board.

The term of the Mayor, comprising Class I, shall correspond with his official tenure. The terms of the members composing Classes II and III shall be for one (1) year or terminate at the completion of their respective terms of office, whichever first occurs, except for a Class II member who is also a member of the Environmental Commission. The term of a Class II or Class IV member who is also a member of the Environmental Commission shall be for three (3) years or terminate at the completion of his term of office as a member of the Environmental Commission, whichever first occurs. The alternate member of Class II shall be appointed for a term to expire at the same time as the term of the regular member of Class II. The term of a Class IV member who is also a member of the Board of Adjustment or the Board of Education shall terminate whenever he is no longer a member of such other body or at the completion of his Class IV term, whichever first occurs. Except for a Class IV member who is also a member of the Board of Adjustment or the Board of Education, all Class IV members shall be appointed for a term of four (4) years, effective January 1st of the year of appointment, and each shall serve until the appointment of his successor. Alternate members of Class IV shall serve for terms of two (2) years, except that one (1) of the alternate members first appointed shall serve for one (1) year and the other alternate member of Class IV first appointed shall serve for two (2) years. Nothing herein shall affect the term of any present member of the Planning Board, all of whom shall continue in office until completion of their terms.

No member of the Planning Board shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. Any member other than a Class I member, after a public hearing if he requests one, may be removed by City Council for cause.

When any hearing before the Planning Board shall carry over two (2) or more meetings, a member of the Board who was absent for one (1) or more of the meetings shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence from one (1) or more of the meetings; provided, however, that such Board member has available to him a transcript or recording of the meeting from which he was absent and certifies in writing to the Board that he has read such transcript or listened to such recording.

Alternate members shall be appointed by the appointing authority for Class IV members and shall meet the qualifications of Class IV members of nine (9) member planning boards. Alternate members shall be designated at the time of appointment by the Mayor as "Alternate #1" and "Alternate #2". The terms of the alternate members shall be for two (2) years, except that the terms of the alternate members shall be such that the term of not more than one (1) alternate member shall expire in any one (1) year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two (2) years. A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only. No alternate member shall be permitted to act on any matter in which he has either directly or indirectly any personal or financial interest. An alternate member may, after public hearing if he requests one, be removed by the governing body for cause. Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member of any class. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate #1 shall vote.

The Planning Board may, from time to time, prepare and, after public hearing, adopt or amend a Master Plan, or component parts thereof, to guide the use of lands within the municipality in a manner which protects public health and safety and promotes the general welfare, in accordance with the provisions of N.J.S.A. 40:55D-28.

The Planning Board shall administer the provisions of all development regulations of the municipality in accordance with the provisions of said regulations, inclusive of, but not limited to, any Subdivision Ordinance or Ordinances, any Site Plan Review Ordinance or Ordinances, and any Zoning Ordinance or Ordinances of the municipality.

The Planning Board shall exercise such powers and duties authorized it by N.J.S.A. 40:55D-32 through N.J.S.A. 40:55D-36, inclusive, with respect to the official map.

The Planning Board shall exercise such powers and duties authorized it by N.J.S.A. 40:55D-62 through N.J.S.A. 40:55D-68, inclusive, with respect to adoption and amendment of Zoning Ordinances and other provisions therein.

The Planning Board shall, as it may be authorized by the governing body from time to time, prepare a program of municipal capital improvement projects projected over a term of at least six (6) years, and amendments thereto, and recommend same to the governing body and shall make such other reviews and recommendations authorized by the governing body in accordance with the provisions of N.J.S.A. 40:55D-29 through N.J.S.A. 40:55D-31, inclusive.

The Planning Board when reviewing applications for approval of subdivision plats, site plans or conditional uses shall have the power to grant to the same extent and subject to the same restrictions as the Zoning Board of Adjustment.

The Planning Board may participate in the preparation and review of programs or plans required by State or Federal law or regulation.

The Planning Board may assemble data on a continuing basis as part of a continuous planning process.

The Planning Board shall perform such other advisory duties as are assigned to it by ordinance or resolution of the governing body for the aid and assistance of the governing body or other agencies or officers.

The Planning Board shall make and transmit to the governing body within thirty-five (35) days after referral a report, including recommendations concerning a proposed development regulation, revision or amendment, pursuant to N.J.S.A. 40:55D-26(a), and shall make recommendations on such other matters referred to it by the governing body, pursuant to N.J.S.A. 40:55D-26(b).

The Planning Board shall have the further powers and duties conferred by, and administer all development regulations of, the municipality, in accordance with the provisions of the Municipal Land Use Law (N.J.S.A. 40:55D-1, et seq.), including, but not limited to, its power to grant such exceptions from the requirements for site plan review and subdivision approval as authorized by N.J.S.A. 40:55D-51.

In the event that an application for minor subdivision is found to be incomplete, the applicant shall be notified thereof within forty-five (45) days of the submission by filing of such application, or it shall be deemed to be properly submitted.

Minor subdivision approval shall be granted or denied within forty-five (45) days of the submission by filing of such application with the Planning Board Administrative Officer, or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute minor subdivision approval and a certificate of the Planning Board Administrative Officer as to the failure of the Planning Board to act shall be issued on request of the applicant.

Approval of a minor subdivision shall expire one hundred ninety (190) days from the date of Planning Board approval, unless within such period a plat in conformity with such approval and provisions of the "Map Filing Law," (N.J.S.A. 46:23-9.9), or a deed clearly describing the approved minor subdivision, is filed by the developer with the County Recording Officer, the Municipal Engineer and the Municipal Tax Assessor. Copies filed with the Municipal Engineer and Municipal Tax Assessor must be accompanied by proof of filing with the County Recording Officer. Any such plat or deed shall have been signed by the Chairman and Secretary of the Planning Board before it will be accepted for filing by the County Recording Officer.

In the event that an application for preliminary site plan review or preliminary major subdivision is found to be incomplete, the applicant shall be notified thereof within forty-five (45) days of the submission by filing of such application, or it shall be deemed to be properly submitted;

Upon the submission to the Planning Board Administrative Officer of a complete application for site plan review for ten (10) acres of land or less, or of a complete application for subdivision of between four (4) to ten (10) lots, inclusive, the Planning Board shall grant or deny preliminary approval within forty-five (45) days of the date of submission by filing of such application or within such further time as may be consented to by the applicant. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the site plan or the subdivision, as the case may be;

Upon the submission by filing to the Planning Board Administrative Officer of a complete application for a site plan review of more than ten (10) acres or for a subdivision of more than ten (10) lots, the Planning Board shall grant or deny preliminary approval within ninety-five (95) days of the date of such submission by filing or within such further time as may be consented to by the applicant. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the site plan or the subdivision, as the case may be;

In the event that an application for conditional use or site plan approval is submitted simultaneously with review for subdivision approval, pursuant to N.J.S.A. 40:55D-51(c), the longest time period for action by the Planning Board, whether it be for subdivision, conditional use or site plan approval, shall apply;

Preliminary approval of a major subdivision application or of a site plan review application shall confer upon the applicant the rights enumerated in N.J.S.A. 40:55D-49 for a three (3) year period from the date of preliminary approval. As provided by N.J.S.A. 40:55D-49(a), nothing herein 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. Further, nothing herein shall be construed to prevent the Planning Board from granting such extensions of preliminary approval or such enlargement of the three (3) year period as the Planning Board may grant, pursuant to N.J.S.A. 40:55D-49(c) and N.J.S.A. 40:55D-49(d).

In the event that an application for final site plan review or final major subdivision review is found to be incomplete, the applicant shall be notified thereof within forty-five (45) days of the submission by filing of such application, or it shall be deemed to be properly submitted.

Final approval of a site plan application or major subdivision application shall be granted or denied by the Planning Board within forty-five (45) days after submission by filing of a complete application to the Planning Board Administrative Officer or within such further time as may be consented to by the applicant;

Final approval of a major subdivision shall expire ninety-five (95) days from the date of signing of the plat unless within such period the plat shall have been duly filed by the applicant with the County Recording Officer. Copies shall be filed by the applicant with the Municipal Engineer and the Municipal Tax Assessor and must be accompanied by proof of filing with the County Recording Officer. The Planning Board may, for good cause shown, extend the period for recording for an additional period not to exceed one hundred ninety (190) days from the date of the signing of the plat. The signatures of the Chairman and Secretary of the Planning Board shall not be affixed until the applicant has posted the guarantees required pursuant to N.J.S.A. 40:55D-53 and no subdivision plat shall be accepted for filing by the County Recording Officer until it has been so approved by signatures of the Chairman and Secretary of the Planning Board or a certificate has been issued pursuant to N.J.S.A. 40:55D-47, N.J.S.A. 40:55D-50, N.J.S.A. 40:55D-56, N.J.S.A. 40:55D-61, N.J.S.A. 40:55D-67 and N.J.S.A. 40:55D-76. If the County Recording Officer records any plat without such approval, such recording shall be deemed null and void, and upon request of the municipality, the plat shall be expunged from the official records;

Final approval of a major subdivision application or of a site plan review application shall confer upon the applicant the rights enumerated in N.J.S.A. 40:55D-52 for a two (2) year period from the date of final approval, except that in the case of a major subdivision the rights shall expire if the plat has not been duly recorded within the time period provided in § 25-700.6.4c.

As provided by N.J.S.A. 40:55D-52(a) and N.J.S.A. 40:55D-52(b), nothing herein shall be construed to prevent the Planning Board from granting a one (1) year extension of final major subdivision approval, pursuant to said statutes, not to exceed three (3) one (1) year extensions.

The Planning Board shall grant or deny an application for a conditional use within ninety-five (95) days of submission by filing of a complete application by an applicant with the Planning Board Administrative Officer, or within such further time as may be consented to by the applicant.

The review by the Planning Board of a conditional use shall include any required site plan review, pursuant to N.J.S.A. 40:55D-1 et seq. (Municipal Land Use Law). The time period for action by the Planning Board on conditional uses pursuant to § 25-700.6.6a above shall apply to such site plan review. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the Planning Board Administrative Officer as to the failure of the Planning Board to act shall be issued on request of the applicant.

In the event that an application for a conditional use is found to be incomplete, the applicant shall be notified thereof within forty-five (45) days of the filing of such application, or it shall be deemed to be properly submitted.

Prior to the adoption of a development regulation, revision or amendment thereto, the Planning Board shall make and transmit days after referral a report including recommendations concerning the proposed development regulations, amendment and revision. The City Council, when considering the adoption of a development regulation, revision or amendment thereto, shall review the report of the Planning Board and may disapprove or change any recommendation by a vote of a majority of its full authorized membership and shall record in its minutes the reason for not following the recommendations. Failure of the Planning Board to transmit its report within the thirty-five (35) day period provided herein shall relieve the City Council from the requirement of this paragraph in regard to the proposed development regulations, revision or amendment thereto referred to the Planning Board.

Prior to the hearing on adoption of an ordinance providing for Planning Board approval of either subdivisions or site plans, or both, or of any amendment thereto, the City Council shall refer any such proposed ordinance or amendment to the Planning Board.

The Mayor may appoint one (1) or more persons as a Citizens' Advisory Committee to assist the Planning Board in its duties, but such person or persons shall have no power to vote or take other action required of the Board. Such person or persons shall serve at the pleasure of the Mayor.

Whenever the Environmental Commission has prepared and submitted to the Planning Board and the Board of Adjustment an index of the natural resources of the municipality, the Planning Board or the Board of Adjustment shall make available to the Environmental Commission an informational copy of every application for development submitted to either Board. Failure of the Planning Board or Board of Adjustment to make such informational copy available to the Commission shall not invalidate any hearing or proceeding.

Contents. The prospective mortgagee, or any other person interested in any land which forms part of a subdivision, or which formed part of such subdivision three (3) years preceding the date of the adoption of this Ordinance, may apply in writing to the Secretary of the Planning Board for issuance of a certificate certifying whether or not such subdivision has been approved by the City of Ocean City Planning Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof. The Secretary shall make and issue such certificate within fifteen (15) days after the receipt of such written application and the fees therefor, and shall keep a duplicate copy of each certificate consecutively numbered, including a statement of the fee charged, in a binder as a permanent record. Each such certificate shall be designated as "Certificate as to Approval of Subdivision of Land" and shall certify:

Fees. The Secretary of the Planning Board shall receive for such certificate issued a reasonable fee as provided for by ordinance. The fees collected shall be paid to the City of Ocean City.

Right of Owner of Land Covered by Certificates.