Pleasantville City Zoning Code
ARTICLE V
Planning Documents and Procedures
§ 300-15 Master plan.
A.
Preparation and adoption.
(1)
Pursuant to N.J.S.A. 40:55D-28, the Planning Board shall have authority to prepare and adopt a Master Plan for the City of Pleasantville and, from time to time, prepare and adopt amendments thereto and reexaminations thereof.
(2)
The Master Plan shall be a compilation of policy statements, goals, standards, maps and diagrams, recommended planning, regulatory, fiscal and public works programs, together with all pertinent data relative to the past, present and future trends of the City with respect to its population, housing, economic, social and environmental development patterns, its land, water and natural resources and uses, its transportation facilities, public facilities and utilities, and any other matters relevant to the present and future patterns of life within the City, prepared and adopted by the Planning Board, or any internally consistent and complete portion of such compilation relating to any one or more of the aforesaid subjects, together with such amendments thereto as may be adopted from time to time.
(3)
The Master Plan shall include as mandatory elements:
(a)
A Statement of Objectives, Principles, Assumptions, Policies and Standards upon which the constituent proposals for the physical, economic and social development of the City are based.
(b)
A Land Use Plan Element taking into account the relationship to the Statement detailed above, other Master Plan elements and natural conditions, including but not necessarily limited to topography, soil conditions, water supply, drainage, floodplain areas, marshes and woodlands, showing the existing and proposed location, extent and intensity of development of land to be used in the future for varying types of residential, commercial, industrial, recreational, educational and other public and private purposes, uses or combination of purposes or uses, stating the relationship of such purposes or uses to the existing and any proposed zone plan and zoning ordinance for the City, including a statement of the standards of population density and development intensity recommended for the City, showing the existing and proposed location of any airports and the boundaries of any airport safety zones delineated pursuant to the Air Safety and Zoning Act of 1983 (N.J.S.A. 6:1-80 et seq.).
(c)
A Housing Plan Element pursuant to N.J.S.A. 52:27D-310, including, but not limited to, residential standards and proposals for the construction and improvement of housing.
(d)
A specific policy statement indicating the relationship of the proposed development of the City, as developed in the Master Plan to:
(4)
The Master Plan may include as optional elements:
(a)
A Circulation Plan Element showing the location and types of facilities for all modes of transportation required for the efficient movement of people and goods into, about and through the municipality, taking into account the functional highway classification system of the Federal Highway Administration and the types, locations, conditions and availability of existing and proposed transportation facilities, including air, water, road and rail;
(b)
A Utility Service Plan Element analyzing the need for and showing the future general location of water supply and distribution facilities, drainage and flood control facilities, sewerage and waste treatment, solid waste disposal and provision for other related utilities, and including any stormwater management plan required pursuant to the provisions of N.J.S.A. 40:55D-93 et seq.;
(c)
A Community Facilities Plan Element showing the existing and proposed location and type of educational or cultural facilities, historic sites, libraries, hospitals, firehouses, police stations and other related facilities, including their relation to the surrounding areas;
(d)
A Recreation Plan Element showing a comprehensive system of areas and public sites for recreation;
(e)
A Conservation Plan Element providing for the preservation, conservation and utilization of natural resources, including, to the extent appropriate, open space, water supply, energy, forests, soils, marshes, wetlands, harbors, rivers and other waters, fisheries, endangered or threatened species, wildlife and other natural resources, and which systemically analyzes the impact of each other component and element of the Master Plan on the present and future preservation, conservation and utilization of those resources;
(f)
An Economic Plan Element considering all aspects of economic development and sustained economic vitality, including a comparison of the types of employment expected to be provided by the economic development to be promoted with the characteristics of the labor pool resident in the City and nearby areas and an analysis of the stability and diversity of the economic development to be promoted;
(g)
(To the extent applicable) A Historic Preservation Plan Element indicating the location and significance of historic sites and historic districts in the City, identifying the standards used to assess worthiness for historic site or district identification, and analyzing the impact of each component and element of the Master Plan on the preservation of historic sites and districts;
(h)
A Recycling Plan Element which incorporates the State Recycling Plan goals, including provisions for the collection, disposition and recycling of recyclable materials designated in the City's recycling ordinance, and for the collection, disposition and recycling of recyclable materials within any development proposal for the construction of 50 or more units of single-family residential housing or 25 or more units of multifamily residential housing and any commercial or industrial development proposal for the utilization of 1,000 square feet or more of land;
(i)
(To the extent applicable) A Farmland Preservation Plan Element, including an inventory of farm properties in the City, a map of significant areas of agricultural land, a statement of municipal ordinances supporting and promoting agriculture as a business, a plan for preserving as much farmland as possible in the short term by leveraging monies made available by N.J.S.A. 13:8C-1 et seq., through a variety of mechanisms (including, but not limited to, utilizing option agreements, installment purchases and encouraging donations of permanent development easements);
(j)
(To the extent applicable) A Development Transfer Plan Element which sets forth the public purposes, the locations of sending and receiving zones and the technical details of a development transfer program based on the provisions of N.J.S.A. 40:55D-141;
(k)
An Educational Facilities Plan Element incorporating the purposes and goals of the long-range facilities plan required to be submitted to the Commissioner of Education by school districts pursuant to N.J.S.A. 18A:7G-4;
(l)
A Green Buildings and Environmental Sustainability Plan Element providing for, encouraging and promoting the efficient use of natural resources and the installation and usage of renewable energy systems by considering the impact of buildings on the local, regional and global environment, allowing ecosystems to function naturally, conserving and reusing water, on-site treatment of stormwater, and optimizing climatic conditions through site orientation and design;
(m)
Appendixes or separate reports containing the technical foundation for the Master Plan and its constituent elements;
(n)
A proposed Official Map;
(o)
A proposed capital improvement program developed in accordance with N.J.S.A. 40:55D-29; and
(p)
Such other elements as the Planning Board may find useful or appropriate.
(5)
The Master Plan and its plan elements may be divided into subplans and subplan elements projected according to periods of time or staging sequences.
(6)
General purpose and effect. Upon adoption, the Master Plan shall be considered an official statement of the policies of the City of Pleasantville with respect to the existing conditions and character and evolving (re)development of the various areas of the City; the proper objectives, standards and directions for future maintenance, growth and (re)development; the means to be employed to encourage future (re)development in the City in a manner that will protect such existing conditions and character; and the actions and programs to be undertaken by the City with respect to such issues.
(7)
Binding effect.
(a)
Upon adoption of the Master Plan, no development regulation, Official Map or capital improvement program relating to the physical maintenance or development of the City or any land within it shall be enacted, established, amended or varied, and no public building, public improvement, public site or right-of-way or other public structure or land shall be authorized, established, developed, redeveloped or modified in location or extent, whether by a public agency or a developer pursuant to this chapter, other than in accordance with the policies, goals, objectives, principles and standards of the plan or relevant element thereof.
(b)
Notwithstanding the foregoing, the governing body may adopt a development regulation or an amendment or revision thereto, an Official Map or an amendment or revision thereto, or a capital improvement program or an amendment or revision thereto, which, in whole or in part, is inconsistent with or not designed to effectuate the Master Plan, but only upon the affirmative vote of a majority of the full authorized membership of the City Council, with the reasons for so acting recorded as part of the minutes of such action.
(8)
Review for compliance. Upon adoption of the Master Plan, the City's development regulations, Capital Improvement Program, if any, Official Map and public projects shall be reviewed for compliance with said Master Plan pursuant to the provisions of § 300-11O. and recommendations thereto necessary to bring such documents into compliance with the Master Plan shall be promptly considered.
(9)
For the purposes of § 300-15A(6), (7) and (8), the operative Master Plan for the City of Pleasantville as of the effective date of this chapter is the 2008 Comprehensive Master Plan Update, City of Pleasantville, Atlantic County, New Jersey, prepared by Remington, Vernick & Walberg Engineers, dated September 8, 2008, and adopted by the Pleasantville Planning Board on November 13, 2008.
B.
Master Plan procedures.
(1)
Plan development.
(a)
The Planning Board shall, with such assistance from City staff and professionals as it may deem necessary and appropriate, exercise the powers and duties delegated to it by this chapter in the continuing development and revisions of the Master Plan.
(b)
The process of plan development and revision is necessarily an informal one, not readily adaptable to rigid procedures. However, the Planning Board, staff and professionals shall, in this undertaking, make all reasonable efforts to obtain the views, comments and criticisms of interested departments, bureaus, agencies, organizations, groups, firms and residents of the City.
(2)
Public hearing. The Planning Beard shall, prior to the adoption or amendment of the Master Plan, set, advertise and conduct at least one public hearing thereon in accordance with the requirements for the Master Plan in N.J.S.A. 40:55D-10, 40:55D-11 and 40:55D-13.
(4)
Amendment.
(a)
The Master Plan or any part thereof may be amended at any time in accordance with the provisions of this subsection. Such amendment may be initiated by City Council, the Planning Board or by any owner of property affected by the provisions of the Master Plan sought to be amended.
(b)
Amendments initiated by City Council or the Planning Board shall be processed as provided in Subsection B(1), (2) and (3) above, except that any amendment referred to the Planning Board by the City Council shall be set for hearing with all reasonable dispatch, and the Planning Board shall act on such proposed amendment not later than 30 days following the conclusion of such hearing.
(c)
Requests for amendments initiated by an owner of affected property shall commence with an application addressed to the Planning Board and filed with the Zoning Officer. Nonrefundable application and hearing fees, in accordance with § 300-9, shall accompany each such application. The application shall be in such form and contain such information as may from time to time be established by the Planning Board, but shall in no event contain less than the following information:
[1]
The name and address of the owner-applicant;
[2]
The address of the affected property;
[3]
Text and maps showing the proposed change or changes in the Master Plan;
[4]
A statement of the reason and necessity for the proposed change(s);
[5]
A statement of any other applications relating to the affected property which have been or are intended to be filed pursuant to this chapter, or any other law, ordinance or regulation of the City, county, state or federal government;
[6]
A statement of the present use of the affected property and any proposed change in such use; and
[7]
Such other and further information as the Zoning Officer or Planning Board may deem to be necessary or appropriate to a full and proper consideration and disposition of the particular application.
(d)
Upon receipt of a complete application by the Zoning Officer, a hearing thereon shall be set, noticed and conducted by the Planning Board in accordance with the provisions of this chapter. Within 30 days following the conclusion of such hearing, the Board shall either refuse the application or shall adopt the proposed amendment, with or without modifications. The Zoning Officer shall give notice of such decision pursuant to this chapter.
(5)
Reexamination.
(a)
The governing body shall, at least once every six years, provide for a general reexamination of the Master Plan, this chapter and all other development regulations adopted by the City. Such reexamination shall be conducted by the Planning Board, with such assistance as it may deem necessary and appropriate.
(b)
The Planning Board shall prepare a written report, setting forth the findings of such reexamination, and shall transmit a copy thereof to the City Council, the Atlantic County Planning Board and the Municipal Clerks of each municipality adjoining the City limits of the City of Pleasantville. Said report shall address:
[1]
The major problems and objectives relating to land development confronting the City at the time of the adoption or last revision or reexamination of the Master Plan;
[2]
The extent to which such problems and objectives have been reduced or have increased subsequent to such date;
[3]
The extent to which there have been significant changes in the assumptions, policies and objectives forming the basis for such Master Plan or regulations as last revised, with particular regard to the density and distribution of population and land uses, housing conditions, circulation, conservation of natural resources and change in state, county and City policies and objectives;
[4]
The specific changes recommended for such Master Plan or regulations, if any, including underlying objectives, policies and standards, or whether a new Master Plan or new regulations should be prepared; and
[5]
The recommendations of the Planning Board concerning the incorporation of Redevelopment Plans adopted pursuant to N.J.S.A. 40A:12A-1 et seq., into the Land Use Plan Element of the Master Plan, and recommended changes, if any, in the local development regulations necessary to effectuate any such Redevelopment Plans.
(6)
Filing. Upon adoption of the Master Plan, or any part thereof or any amendment or reexamination thereto, the Zoning Officer shall cause certified copies thereof to be placed on file in the Zoning Office and with the City Clerk, and shall cause a certificate evidencing the adoption of such plan or part or amendment thereof to be filed with the County Clerk of Atlantic County.
(7)
Review for compliance and document amendments. Following the adoption of a Master Plan or any amendment thereto or reexamination thereof:
(a)
A review of such document shall be conducted by all City officials, departments, bureaus, boards, commissions or agencies whose activities, rules or regulations might be impacted by such Master Plan, or amendments or reexaminations thereof, and shall promptly consider such amendments thereto necessary to bring such activities, rules or regulations into compliance with the Master Plan.
(b)
The Zoning Officer or designee shall review such Master Plan, or amendments or reexaminations thereof, to determine what, if any, impacts the contents of such document might have on the provisions of this chapter, and shall address any issues related to the continuing conformity of this chapter with the Master Plan in a report to be prepared for the governing body.
(c)
Upon receipt of such report, the governing body shall, at its discretion, adopt such ordinances as it deems necessary and appropriate to effectuate the Master Plan, or amendments or reexaminations thereof.
(8)
Review of capital projects for compliance with the Master Plan.
(a)
Upon adoption of the Master Plan, the City Council and every Housing Authority, Parking Authority, Highway Authority, Special District or other authority, Redevelopment Agency, Board of Education or other similar public agency, whether state, county or municipal, shall, before taking any action necessitating the expenditure of any public funds incidental to the location, character or extent of any capital improvement project within the City of Pleasantville, refer the action involving such specific project to the Planning Beard for review and recommendation in conjunction with the Master Plan.
(b)
Within 45 days following any such submission, or such shorter period as the submitting agency may require due to the necessity of acting on the subject matter within time limits imposed by this chapter for such action or such longer period as may be agreed to by the submitting agency, the Planning Board shall review such action for conformity with the Master Plan and, if necessary, shall confer with the submitting agency with regard to suggested alterations in the proposed project, and shall transmit its recommendation(s) for approval, disapproval or modification of the proposed project and action to the submitting agency, stating, in detail, the reasons for such recommendation(s).
(c)
No such agency shall take any action with respect to a matter submitted pursuant to this subsection prior to the receipt of the Planning Board's recommendation(s) or the expiration of the aforesaid time period without such recommendation(s) having been issued by the Board.
(d)
With respect to submissions by any agency, department or official of the City, if the Planning Board has issued its approval or has failed to act with respect to a submission within the aforesaid time periods, the submitting agency may then, but not before, proceed to take action on the proposed project. If the Planning Board has recommended disapproval, then the submitting agency shall take no action to approve the proposed project and shall undertake no work with respect to the proposed project unless such action, work or project shall have first been approved by an affirmative vote of a majority of the full authorized membership of the City Council on a motion expressly setting forth the reasons for such action.
(e)
No City official, agency or department shall issue any permit, approval or authorization necessary in conjunction with any capital project subject to this subsection, nor issue or authorize any funds or expenditures for such project, unless the agency responsible for such project shall have first complied with the provisions of this subsection.
§ 300-16 Official Map.
A.
Preparation; adoption.
(1)
In conjunction with the preparation of the Master Plan, the Planning Board shall prepare and the City Council may, by ordinance, adopt or amend an Official Map of the City of Pleasantville pursuant to the standards and procedures set forth in this chapter.
(2)
The Official Map may consist of one or more maps or map pages depicting the streets, public drainageways, flood control basins and public areas planned, proposed and existing in the City, and shall be final and conclusive with respect to the location and size of such streets, drainage and flood control systems and public areas shown thereon, whether the same shall be improved or unimproved, existing, planned or proposed.
(3)
The Official Map shall implement and shall be consistent with the Master Plan, except to the extent that deviations from the Master Plan are authorized pursuant to this chapter.
B.
Effect.
(1)
Reservation of public ways and areas. Upon adoption of the Official Map, or any amendments thereto, the City may, upon receiving an application for development, reserve for future public use the aforesaid streets, ways, basins and areas in the manner provided in this chapter.
(2)
Permits in mapped areas. Upon adoption of the Official Map, or any amendment thereto, no permit for any building or structure in the bed of any street, drainageway, flood control basin or public area shown thereon shall be issued by any official, board or agency of the City unless an Official Map variance has been authorized and the issuance of such permit has been directed pursuant to this chapter.
(3)
Permits for structures not abutting a street. Upon adoption of the Official Map, or any amendment thereto, no permit for the erection of any building or structure shall be issued unless:
(a)
A street shown on the Official Map, or any amendment thereto, and improved in accordance with the requirements of this chapter, provides access to such building or structure;
(b)
A street so improved and providing such access is either an existing public street, a street shown on a plat approved by the Planning Board or a street shown on a plat duly filed with the Atlantic County recorder's office prior to the adoption of any ordinance requiring the approval of such plat by the City of Pleasantville; or
(4)
Public improvements. Public improvements shown on the Official Map, whether provided by a public agency or by a developer pursuant to this chapter, shall be laid out, designed, sized and installed as shown on the Official Map.
C.
Binding effect. The Official Map, upon being proposed by the Planning Board as part of the Master Plan, shall have the same binding effect as the Master Plan. In addition, following its adoption by the City Council, the Official Map shall have the effect specified in this section.
D.
Official Map procedures.
(1)
Map development. The Planning Board, with the assistance of the Zoning Officer, shall exercise the powers and duties delegated to it by this chapter in the preparation of a proposed Official Map, and amendments thereto, in conjunction with the adoption of a Master Plan.
(2)
Hearing on the proposed Official Map. The Planning Board shall, prior to making its recommendations on a proposed Official Map to the City Council, set, notice and conduct at least one public hearing on the proposed Official Map. Such hearing may be conducted simultaneously with the hearing required on the Master Plan pursuant to § 300-15B(2), but separate notices of such hearings shall be given in accordance with the requirements of N.J.S.A. 40:55D-15.
(3)
Adoption. Upon development of the proposed Official Map and holding a public hearing on the proposed Official Map pursuant to Subsection D(1) and (2) above, the Planning Board shall recommend such Official Map to City Council for adoption as the Official Map of the City. City Council may, after setting, noticing and conducting a hearing pursuant to this chapter, adopt such Official Map, with or without modifications, by the adoption of any ordinance so providing; provided, however, that no modification of the Official Map as recommended by the Planning Board shall be adopted except by the affirmative vote of a majority of the full authorized membership of City Council, with the reasons for said modifications recorded in the minutes of the Council. Where City Council adopts an Official Map as recommended by the Planning Board, but which is inconsistent with the Master Plan, said adoption shall be by the affirmative vote of a majority of the full authorized membership of City Council, with the reasons for said inconsistencies recorded in the minutes of the Council. The Zoning Officer shall give notice of such decision pursuant to this chapter.
(4)
Amendment.
(a)
The Official Map, or any part thereof, may be amended at anytime in accordance with the provisions of this subsection. Such amendment may be initiated by City Council, the Planning Board or by any owner of property affected by the provisions of the Official Map sought to be amended.
(b)
Prior to the layout, widening, changing the course of or closing of any street or widening or changing the boundaries of a flood control basin in a public area, an amendment to the Official Map must be obtained in conformity with the requested change.
(c)
After adoption by the Planning Board of the Master Plan, or amendments thereto, the Planning Board shall initiate an amendment to the Official Map pursuant to this section, which amendment shall reflect any such changes in the Master Plan.
(d)
After adoption by City Council of a Capital Improvement Program or any amendments thereto, the Planning Board shall initiate an amendment to the Official Map pursuant to this section, which amendment shall reflect any such changes in the Capital Improvement Program.
(e)
Amendments initiated by City Council or the Planning Board shall be processed as provided in § 300-16D, except that any amendment referred to the Planning Board by City Council shall be set for hearing with all reasonable dispatch, and the Planning Board shall act on such proposed amendment not later than 30 days following the conclusion of such hearing.
(f)
Amendments initiated by an owner of affected property shall commence with an application addressed to the Planning Board and filed with the Zoning Officer. Nonrefundable application and hearing fees, in accordance with § 300-9, shall accompany each such application. The application shall be in such form and contain such information as may from time to time be established by the Planning Board, but shall in no event contain less than the following information:
[1]
The name and address of the owner-applicant;
[2]
The address of the affected property;
[3]
Text and maps showing the proposed change or changes in the Official Map;
[4]
A statement of the reason and necessity for the proposed change(s);
[5]
A statement of any other applications relating to the affected property which have been or are intended to be filed pursuant to this chapter, or any other law, ordinance or regulation of the City, county, state or federal government;
[6]
A statement of the present use of the affected property and any proposed change in such use; and
[7]
Such other and further information as the Zoning Officer or Planning Board may deem to be necessary or appropriate to a full and proper consideration and disposition of the particular application.
(g)
Upon receipt of a complete application by the Zoning Officer, a hearing thereon shall be set, noticed and conducted by the Planning Board in accordance with the provisions of this chapter. Within 30 days following the conclusion of such hearing, the Board shall either refuse the application or shall adopt the proposed amendment, with or without modifications. The Zoning Officer shall give notice of such decision pursuant to this chapter.
(5)
Map filing. The ordinance by which City Council adopts the Official Map, or any amendment thereto, shall provide that the Zoning Officer shall cause certified copies thereof to be placed on file in the Zoning Office and with the City Clerk, and shall cause a certificate evidencing the adoption of such plan or part or amendment thereof to be filed with the County Clerk of Atlantic County.