Pleasantville City Zoning Code
ARTICLE I
Title, Purpose and Applicability
§ 300-1 Establishment.
This instant chapter is adopted by the City of Pleasantville, County of Atlantic, State of New Jersey, as a comprehensive ordinance for the purposes of supporting and advancing the principles, objectives and recommendations contained in the City's 2008 Comprehensive Master Plan Update by:
A.
Establishing the regulatory powers to guide and regulate the orderly growth, development and redevelopment of the City of Pleasantville in accordance with a well-considered plan and to manage the use and development of lands and buildings in the City;
B.
Establishing standards for the regulation of building envelopes and yard areas in the various sections of the City;
C.
Establishing standards for the density and distribution of population within the City;
D.
Dividing the various sections of the City into zoning districts of such number, shape and area and of such different classes according to use of land and buildings, height and bulk of buildings, intensity of use of lot areas, areas of open space and other classifications as best suited to regulate development;
E.
Adopting a Zoning Map for the City, depicting the boundaries and classifications of such zoning districts;
F.
Establishing rules, regulations and standards governing the subdivision of lands within the City;
G.
Providing for procedures for the grant of variances from such regulations, standards, restrictions and limitations;
H.
Establishing a Planning Board and a Zoning Board of Adjustment for the City;
I.
Establishing regulations pertaining to preexisting lots, structures and uses which do not conform to the regulations, standards, restrictions and limitations established by this chapter; and
J.
Prescribing penalties for the violation of any provisions of this chapter.
§ 300-2 Short title.
The short form by which this chapter may be known shall be the "Land Management Code of the City of Pleasantville."
§ 300-3 Conformance with Municipal Land Use Law.
A.
The New Jersey Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) grants municipalities the power to manage the physical development of the lands within their corporate boundaries and provides the following guiding purposes to be achieved by their land use/development regulations:
(1)
To encourage municipal action to guide the appropriate uses or development of all lands in this state, in a manner which will promote that public health, safety, morals and general welfare;
(2)
To secure safety from fire, flood, panic and other natural and man-made disasters;
(3)
To provide adequate light, air and open space;
(4)
To ensure that the development of the City does not conflict with the development and general welfare of neighboring municipalities, the county and state as a whole;
(5)
To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities and regions and preservation of the environment;
(6)
To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies;
(7)
To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational and commercial and industrial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all New Jersey citizens;
(8)
To encourage the location and design of transportation routes which will permit the free flow of traffic while discouraging location of such facilities and routes which will result in congestion or blight;
(9)
To provide a desirable visual environment through creative development techniques and good civic design and arrangements;
(10)
To promote the conservation of historic sites and districts, open space, energy resources and valuable natural resources in the state and to prevent urban sprawl and degradation of the environment through improper use of land;
(11)
To encourage planned unit developments which incorporate the best features of design and relate the type, design and layout of residential, commercial, industrial and recreational development of the particular site;
(12)
To encourage senior citizen community housing construction;
(13)
To encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land;
(14)
To promote utilization of renewable energy resources; and
(15)
To promote the maximum practicable recovery and recycling of recyclable materials from municipal waste through the use of planning practices designed to incorporate the State Recycling Plan goals and to complement municipal recycling programs.
B.
The City of Pleasantville affirms its commitment to these purposes and adopts same as general guidelines for this chapter.
§ 300-4 Interpretation of standards.
A.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements for the promotion of the public health, safety, comfort, morals and general welfare in the City.
B.
Where the provisions of this chapter impose greater restriction than those of any provision of law, statute, rule or regulation, the provisions of this chapter shall control. Where the provisions of any law, statute, rule or regulation impose greater restrictions than this chapter, the provisions of such law, statute, rule or regulation shall control.
C.
In the event of any conflict in terminology of any section or part of this chapter, the more restrictive provision shall control.
D.
This chapter, being necessary for the welfare of the City and its inhabitants, shall be construed liberally to effect the purposes thereof.
§ 300-5 General applicability.
A.
Jurisdiction. The provisions of this chapter shall apply to all structures, lands and land uses within the corporate limits of the City of Pleasantville, Atlantic County, New Jersey.
B.
General application.
(1)
All buildings and structures erected hereafter, all uses of land or buildings established hereafter, all structural alterations or relocations of existing buildings occurring hereafter and all enlargements of, additions to, changes in and relocations of existing uses occurring hereafter shall be subject to the regulations of this chapter. Existing buildings, structures and uses which do not comply with the regulations of this chapter shall be allowed to continue, subject to the provisions of § 300-20, addressing preexisting nonconformities.
(2)
All applicable requirements of this chapter shall be met prior to any erection, enlargement, alteration, moving or change in use of a structure and shall apply to the entire structure or structures, whether or not the entire structure or structures were the subject of the erection, enlargement, alteration, moving or change in use.
C.
General prohibition. No building or structure, no use of any building, structure or land, and no lot of record or other lot now existing shall, after the adoption of this chapter, be created, erected, altered, moved, added to, enlarged, divided, used or maintained for or in any manner or purpose except as authorized by and in conformance with the provisions of this chapter.
D.
Utility uses.
(1)
The following utility uses are permitted in all zoning districts, subject to the provisions of this chapter: poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves or any other similar equipment, but not including substations located on or above the surface of the ground for the distribution to consumers of telephone, cable, television or other communications, electricity, gas or water or for the collection of sewage or surface water.
(2)
The provisions of this chapter shall not apply to a development proposed by a public utility for installation in more than one municipality for the furnishing of service if, upon a petition of the public utility pursuant to N.J.S.A. 40:55D-19, the Board of Public Utility Commissioners shall, after a hearing of which the City of Pleasantville shall have been given notice, decides that the proposed installation is reasonably necessary for the service, convenience or welfare of the public, nor shall it apply to any public utility use to the extent authorized by a decision of the Board of Public Utility Commissioners as follows.
E.
General exemptions.
(1)
Private agreements. Nothing in this chapter shall be construed to repeal, abrogate, annul or otherwise impair or interfere with any easement, covenant or other private agreement or legal relationship; provided, however, that where the regulations of this chapter are more restrictive or impose higher standards or requirements than such easements, covenants or other private agreements or legal relationships, the regulations of this chapter shall govern.
(2)
Preexisting approvals.
(a)
Any variance or land use approval lawfully issued prior to the effective date of this chapter, or any amendment to such variance or land use approval which was lawfully issued pursuant to the provisions in effect after the effective date of this chapter, shall be deemed to be and continue valid after such effective date. Any structure or use lawfully authorized by any such variance land use approval which could not be so issued after such effective date shall be allowed to continue, subject to the provisions of § 300-20, addressing preexisting nonconformities.
(b)
Nothing in this chapter shall be deemed to require any change in the plans, construction or designated use of any structure in the event that:
[1]
A building permit for such structure was lawfully issued prior to the effective date of this chapter or any amendment thereof;
[2]
Such permit had not by its own terms expired prior to such effective date;
[3]
Such permit was lawfully and properly issued in accordance with the law prior to such effective date;
[4]
There has been a substantial change of position, substantial expenditures or incurrence of substantial obligations by the permit holder in good faith and justifiable reliance on such permit;
[5]
Such change of position, expenditures or incurrence of obligations occurred prior to the time the permit holder had actual or constructive knowledge of any proposed amendment to this chapter which would, upon adoption, make the issuance of such permit illegal;
[6]
Construction pursuant to such permit commenced prior to the expiration of such permit and within 90 days following the effective date and is thereafter diligently pursued to completion.
(3)
Occupancy as a nonconformity. Upon completion of a structure which does not comply with the regulations made applicable to it by this chapter pursuant to a preexisting building permit as authorized by § 300-5E(2)(b) above, such structure may be occupied by and a certificate of occupancy or occupancy permit shall be issued for the use designated on such permit, subject thereafter to the provisions of § 300-20, addressing preexisting nonconformities.
F.
Pending applications.
(1)
Applicability. This chapter and any amendment thereof to which this section is expressly made applicable shall apply to all applications pending and not yet finally decided on the effective date of this chapter. Applications pending on the date of any amendment of this chapter to which this section is not expressly made applicable by the terms of the ordinance adopting such amendment shall be decided in accordance with the law in effect on the date such application was filed.
(2)
Duty of City officials.
(a)
Within 20 days following the effective date of this chapter or any amendment thereof to which this section is expressly made applicable, any City official, agency, board or department then having pending before it any application to which this chapter or such amendment applies shall transmit a copy of such application to the Zoning Officer.
(b)
Within 30 days following the effective date of this chapter or any amendment thereof to which this section is expressly made applicable, or such shorter time as may be necessary to comply with time limits for processing applications imposed by other provisions of this chapter, the Zoning Officer shall inform each applicant named on each application referred pursuant to Subsection F(2)(a) above that such application is subject to amended regulations and will be processed in accordance with such amended regulations; that the applicant may, within 30 days following the mailing of such notice, refile such application without additional application fee, but with any such additional escrow fees as may be required for any third-party professional to process such application on behalf of the City official, agency, board or department; and that if he/she does not so refile, the application may be denied for noncompliance with the provisions of this chapter, as amended.
(3)
Duty of applicant.
(a)
Notwithstanding the foregoing provisions, it shall be the responsibility of each applicant having an application pending on the effective date of this chapter, or any amendment thereof to which this section is expressly made applicable, to modify such application in accordance with the terms and provisions of this chapter, as amended, and the failure to do so may result in denial of such application for failure to comply with this chapter, as amended.
(b)
Any modification or refiling of an application pending on such effective date in order to comply with the provisions of this chapter, as amended, shall be permitted at any time prior to the final disposition of such application and shall be permitted without payment of any additional application fee, but shall require such additional escrow fees as may be necessary for any third-party professional to process such application on behalf of the City official, agency, board or department. Such refiling shall start anew any time limits imposed by this chapter on the processing of such application.
(4)
Processing. Upon the refiling of any pending application as provided for herein, or upon notification from the applicant that he/she will not refile or modify the application or to prosecute the application in accordance with the time limits otherwise applicable to the processing of such application, whichever occurs first, such pending application shall be processed in accordance with the terms of this chapter, as amended.
§ 300-6 Continuance of authority.
A.
Notwithstanding any other provisions of this chapter, the authority of the Zoning Officer, Planning Board, Board of Adjustment and City Council to regulate development in the City of Pleasantville is hereby authorized to continue pursuant to this chapter.
B.
Members of the Pleasantville Planning Board and Pleasantville Zoning Board of Adjustment serving on such Boards on the effective date of this chapter shall continue in office until the completion of their terms as provided by law immediately prior to the effective date of this chapter. Any new appointments or reappointments to said Boards shall be governed by the provisions of this chapter.
§ 300-7 Severability.
The several provisions and sections of this chapter shall be severable in accordance with the following rules:
A.
Should any provision of any article, section, subsection, paragraph, subdivision or clause of this chapter be judged invalid by a court of competent jurisdiction, such order or judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this chapter and, to this end, the provisions of each article, section, paragraph, subdivision or clause of this chapter are hereby declared to be severable.
B.
Should any court of competent jurisdiction adjudge invalid the application of any provision of this chapter to a particular property, building or structure, such judgment shall not affect the application of said provision to any other property, building or structure.
§ 300-8 Enforcement; violations and penalties.
A.
Civil and administrative enforcement. Should any building or structure be erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land be used, or any work be done in violation of this chapter, the City and its designated agents or any interested party may, in addition to other remedies:
(1)
Institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of said building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises; and/or
(2)
Revoke any permit or approval issued or granted pursuant to this chapter without regard to whether work has begun or a use has been commenced pursuant to such permit or approval.
B.
Violations and penalties.
(1)
In addition to the civil remedies provided herein, the owner, general agent or contractor, lessee or tenant of any part of a building or premises in which a violation of the provisions of this chapter has been committed or found to exist, and the general agent, architect, builder, contractor or any other person who commits, takes part in or assists in such violation shall, upon conviction in the Municipal Court of the City of Pleasantville, be punished for each offense by a fine of not less than $250 and not more than $2,000, by imprisonment for a term not exceeding 90 days in the county jail or in any place provided by the City of Pleasantville for the detention of prisoners, by a period of community service not exceeding 90 days, or by any combination thereof.
(2)
Each separate provision of this chapter violated and each and every day on which any such violation continues shall be considered a separate offense. The Municipal Judge before whom any such person may be convicted of violating any provision of this chapter shall have power to impose any fine or term of imprisonment not exceeding the maximum fixed herein.
(3)
Any person convicted of any such violation under this section shall pay all costs and expenses incurred by the City in determining such violation.
(4)
Penalties for such violations shall be collected and violations of this chapter shall be prosecuted in the manner prescribed by law or ordinance effective in the City of Pleasantville.
(5)
Nothing in this chapter shall be construed as depriving the City of Pleasantville or the City Council thereof of any other available remedy.