Pleasantville City Zoning Code
ARTICLE VIII
Land Use Approvals
§ 300-26 Application submission process.
A.
Purpose.
(1)
The purpose of this section is to establish a unified set of procedures and standards governing applications for land use review and approval.
(2)
Consistent with the structure of the New Jersey Municipal Land Use Law, this section makes no distinction between site plan and subdivision approvals, but does distinguish between major site plans and subdivisions and minor site plans and subdivisions, as same are defined in this chapter.
(3)
The regulations established herein are designed to insure that development in the City of Pleasantville is consistent with the Pleasantville Master Plan, and Capital Improvement Program, Official Map and this chapter, and that adequate consideration will be given to critical on-tract and off-tract engineering, planning and design elements in order to insure the least possible adverse effect upon, and the greatest possible benefit to, the public health, safety and welfare as a result of public and private development. Toward such end, it is the purpose of this section to assure that all development requiring land use approval is located, planned, designed, constructed and serviced to:
(a)
Provide for adequate light, air and privacy;
(b)
Secure safety from fire, flood and other danger;
(c)
Be served by or provide adequate public improvements, public sites and rights-of-way and essential public and quasi-public services and facilities;
(d)
Provide the most beneficial relationship between land use, structural form and traffic circulation, having particular regard to the avoidance of congestion in the streets and highways and the adequate provision for pedestrian and vehicular movement and adequacy of parking and loading;
(e)
Prevent the pollution of air, water and land;
(f)
Assure the adequacy of drainage facilities;
(g)
Safeguard the water table;
(h)
Provide for open space through the most efficient design and layout of the land;
(i)
Insure the proper use and management of the natural resources in the City in order to preserve the integrity and stability of such features and to ensure appropriate development while minimizing negative impacts to such features;
(j)
Provide for the orderly layout and design of new subdivisions and resubdivisions; and
(k)
In the case of subdivisions, provide for the proper conveyance of land by insuring accurate legal descriptions and the proper placement of survey monumentation.
B.
Procedures.
(1)
All applications for land use approval, including pre-application conferences and applications for site plan approval, subdivision approval and variance relief, shall be submitted to the Zoning Officer, who shall review the application against the appropriate City checklist (§ 300-77) for the purpose of determining if such application is complete or incomplete as required under N.J.S.A. 40:55D-10.3.
(2)
Site plans which include design of drainage, pavement, curbing, walkways, embankments, horizontal and vertical geometrics, utilities and other pertinent structures shall be prepared, signed and sealed by a New Jersey licensed professional engineer.
(3)
Upon receipt, the Zoning Officer, or his/her designee, shall process the application and shall assign each application an application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats or plans and other documents submitted for processing in conjunction with the application.
(4)
No application will be processed which does not include the appropriate application fees and escrow deposits.
(a)
It shall be the applicant's responsibility to insure that application fees and escrow deposits are sufficient to address all approvals required, consistent with the fee schedule found at § 300-9. The City reserves the right to require additional application fees and escrow deposits should the completeness review or technical review of the application find that additional approvals are required.
(b)
Once such additional approvals have been identified, the City and/or its professionals shall immediately cease review of the subject application and issue a letter to the Board Secretary informing the Secretary of the situation. The Board Secretary shall immediately inform the applicant of the necessity for additional funds. The review of the application shall not resume until the appropriate funds have been submitted.
(5)
Exempt development/administrative review.
(a)
An administrative review by the Zoning Officer shall replace review and approval by the Planning Board or Zoning Board of Adjustment, as the case may be, when the application qualifies as an exempt development as defined in § 300-10.
(b)
The Zoning Officer reserves the right to consult with the City's planning, engineering, landscaping and other professionals, as necessary, during the course of such administrative review, with the costs therefor being paid by the applicant.
§ 300-27 Completeness of application.
A.
An application for land use approval shall be complete for purposes of commencing the applicable time period for action by the Planning Board or Zoning Board of Adjustment, as the case may be, when so certified by the Zoning Officer. In performing the duties under this subsection, the Zoning Officer may solicit such assistance as may be required from the City Planner or the City Engineer.
B.
In the event that the Zoning Officer does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete as of the 46th day following its submission for purposes of commencing the applicable time period, unless:
(1)
The application lacks information indicated on the application forms and applicable checklist(s) (§ 300-77) provided to the applicant; and
(2)
The Zoning Officer or designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application.
C.
An applicant may request a waiver of one or more checklist requirements, and said request shall be granted by the Zoning Officer within the aforementioned 45 days.
(1)
It is specifically noted that the grant of any such waiver request shall be for determination of completeness only. The grant of any such waiver request by the Zoning Officer notwithstanding, the Planning Board or the Zoning Board of Adjustment, as the case may be, may require submission of any waived item if deemed by the Board, in its sole discretion, to be necessary for the appropriate and thorough review of the subject application.
(2)
Accordingly, applicants are advised when requesting waivers that such Board requirement may result in a delay in the hearing process.
D.
If (subject to the grant of any such waiver request) an application is found to contain all of the information required by the appropriate checklist(s):
(1)
The Zoning Officer shall certify that said application is complete and shall process the application in the case of an application for a zoning permit, or direct the application to the Planning Board Secretary or Zoning Board Secretary, as the case may be, to be scheduled for hearing.
(2)
The Board Secretary shall notify the applicant, in writing, that said application has been deemed complete and that the applicant is required to submit the full number of application packages as is required by the applicable application checklist.
(3)
Once the applicant has submitted the full number of application packages required by the applicable application checklist, the Board Secretary shall schedule the application at a regularly scheduled Board meeting under the time frames established by the Municipal Land Use Law. (Note: Including, but not limited to, N.J.S.A. 40:55D-46, 40:55D-47, 40:55D-48 and 40:55D-50.)
(4)
Once scheduled, the Board Secretary shall notify the applicant, in writing, that said application has been deemed scheduled for hearing. Such notice shall state the date, time and place of the scheduled hearing.
(5)
The Board secretary shall promptly distribute copies of the application package as follows:
(a)
One package to each member of the Planning Board or Zoning Board of Adjustment, as applicable;
(b)
One package each to the applicable Board Planner, Board Engineer and Board Solicitor;
(c)
One package to the Construction Official;
(d)
One package to the City Clerk; and
(e)
At the direction of the Planning Board or Zoning Board of Adjustment, as applicable, additional copies to other City, county or state agencies.
E.
Notification of incomplete application.
(1)
If an application is found to lack some of the information required by the application forms and/or the appropriate checklist(s), the Zoning Officer shall either:
(a)
Cause the applicant to be notified, in writing, that said application is incomplete, specifying the deficiencies in the application; or
(b)
If the Zoning Officer reasonably concludes that the missing items of information are not necessary for the Board to make an informed decision on the application, the Zoning Officer may waive the requirement that said items be supplied as a prerequisite for completeness, and certify that the application is complete, notwithstanding the missing items. Such certification shall be for completeness only, and does not limit the Board's right to demand such information if it, in its discretion, determines that such information is required to make an informed decision on the matter.
(2)
An applicant who has been notified that the application is incomplete may request that one or more checklist requirements be waived, in which event the Zoning Officer shall grant or deny the request within 45 days.
F.
An applicant who has been notified that the application is incomplete based on the Zoning Officer's denial of a request for checklist item waiver, may appeal such decision of the Zoning Officer to the Zoning Board of Adjustment (Note: Pursuant to N.J.S.A. 40:55D-70a, 40:55D-72, 40:55D-73 and 40:55D-74.) within 20 days of the action under dispute. The Zoning Board shall have 120 days from the filing of such an appeal to render a decision. Applications for appeal of a decision of the Zoning Officer shall be made in accordance with the Checklist F included in § 300-77, and shall be accompanied by a nonrefundable application fee and escrow fee in accordance with § 300-9.
G.
On the date that an application is certified as complete, or on the 46th day following the submission of an application in the event that the Zoning Officer fails to make a determination of completeness, or upon the decision by the Zoning Board of Adjustment of an appeal of the Zoning Officer's determination that an application is incomplete, as the case may be, the time period(s) within which the appropriate Board must act upon the application [pursuant to the Municipal Land Use Law (Note: Pursuant to N.J.S.A. 40:55D-70a, 40:55D-72, 40:55D-73 and 40:55D-74.)] shall commence. In any case, the applicant is obliged to prove that he/she is entitled to approval of the application. Notwithstanding any actions taken or decisions made attendant to the completeness process, the Board may require, as part of its review of an application, correction of any information found to be in error, submission of additional information not specified in this chapter or its accompanying checklist(s) and/or revisions in the application documents as are reasonably necessary to make an informed decision as to whether the requirements for approval of the application have been met, provided that the application shall not be deemed incomplete for lack of any such additional information or revisions.
H.
No application for land use approval or other authorizations pursuant to this chapter shall receive final approvals wherein taxes or assessments for local improvements are due or delinquent on the property for which the application is made. The Zoning Officer, Planning Board or Zoning Board of Adjustment, as the case may be, is authorized to require payment of these sums as a condition of any approvals granted.
§ 300-28 Review and report by Board professionals.
Not less than 10 days prior to the scheduled Board hearing on an application, the Engineer and Planner for the Planning Board or Zoning Board of Adjustment, as the case may be, and any other City official or consultant to which the application has been referred, shall file a written report thereon with the appropriate Board Secretary, setting forth their findings and determinations of conformance with this chapter, as well as any applicable federal, state, county or municipal law, ordinance, regulation, plan or program; and setting forth any recommendations for modifications to the plans and/or recommended conditions of approval, if any, necessary to bring such plans into conformance with this chapter and/or any applicable federal, state, county or municipal law, ordinance, regulation, plan or program; or to eliminate or minimize any adverse effect of the proposed development on those aspects of the public health, safety and general welfare of the community for which such official or professional has special responsibility. In addition to the Board Secretary, each official or professional shall transmit his/her report to the applicant either directly or through the applicant's professionals.
§ 300-29 Notice requirements.
A.
Notices, general.
(1)
Notice of every public hearing set pursuant to this chapter shall be issued in the form and manner and to the persons specified in § 300-29B through E. Every notice shall include the date, time and place of such hearing; the nature of the matters to be considered by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the City Tax Assessor's office; and the location and times at which any maps and documents for which approval is sought are available.
(2)
All notices shall be given at least 10 days prior to the date for hearing (with the date of the hearing not counting toward the ten-day period). In every case where published notice is required, it shall be given by publication in the City's official newspaper of record.
(3)
In every case where personal notice is required, it shall be given either by serving a copy of the notice on the person in question or by mailing a copy of the notice by certified mail to the person in question.
(4)
Where notice to a property owner is required, notice shall be given to the owner as shown on the current tax duplicate in the Municipal Tax Assessor's office or to his agent in charge of the property at his address as shown on the current tax duplicate.
(5)
Notice to a partnership owner may be made by service upon any partner.
(6)
Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation.
(7)
Notice by mail shall be deemed to be complete upon mailing. The failure to give personal notice to any property owner not shown on the latest current tax duplicate shall not invalidate any hearing or proceeding conducted pursuant to this chapter.
B.
Notice for all public meetings. Notice of the public meetings of the Planning Board and Zoning Board of Adjustment shall be issued by the Planning Board or Zoning Board Secretary, as the case may be, via publication.
C.
D.
Notice concerning development regulations and the official map. In addition to the published notice required by § 300-29B, personal notice of the adoption, revision or amendment of any development regulation or the Official Map shall be given, in the manner and form specified in § 300-29A, as follows:
(1)
The Clerk of an adjoining municipality in the case of a hearing involving property located within 200 feet of an adjoining municipality.
(2)
The County Planning Board (accompanied by a copy of the proposed development regulation, Capital Improvement Program, if any, or Official Map or any proposed revision or amendment thereto).
E.
Notice for applications.
(1)
Once an application has been deemed complete and a hearing date scheduled, applicants to the Planning Board or Zoning Board of Adjustment are required to issue notice of the subject application via publication and by certified mail or hand delivery to:
(a)
All owners of property located within 200 feet, in all directions, of the subject property, as shown on the City's current tax duplicate(s). Notice shall be made regardless of whether or not the property to be noticed is located within or without the City of Pleasantville.
(b)
The Clerk of an adjoining municipality in the case of a hearing on an application for development involving property located within 200 feet of an adjoining municipality. Such notice shall be in addition to any notice required under Subsection E(1)(a) hereinabove.
(c)
The County Planning Board in the case of an application for development of property adjacent to an existing county road or a proposed county road shown on the Official County Map or County Master Plan, or when adjoining other county land or situated within 200 feet a municipal boundary.
(d)
The New Jersey Commissioner of Transportation in the case of an application for development of property adjacent to a state highway.
(e)
The Office of Smart Growth (or successor agency) within the New Jersey Department of Community Affairs, of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. The notice shall include a copy of any maps or documents required to be on file with the municipal clerk pursuant to § 300-30E.
(2)
Notice must be published in the City's official newspaper of record at least 10 days prior to the scheduled meeting date (with the date of the meeting not counting toward the ten-day period).
(3)
A certified list of such property owners for mailed or hand-delivered notice may be purchased from the City's Tax Assessor and is required to be included in the application Package as part of the completeness review. Such certified list of property owners must be less than three months old to be considered current.
(4)
All such notice must be accomplished at least 10 days prior to the scheduled hearing date (with the date of the hearing not counting toward the ten-day period).
(5)
An affidavit indicating proof of publication and notification must be submitted to the Board Secretary not less than seven days prior to the Board meeting on the matter. For certified mailings, such affidavit shall be accompanied by the (white) return receipt requested slips from the postal service. For hand-delivered notices, such affidavit shall be accompanied by a copy of the notice which has been signed and dated by the noticed property owner. For published notice, a copy of the legal advertisement, with publication name and date, shall be provided. Such affidavit shall be signed by the applicant, whose signature shall be attested by a notary public.
(6)
Failure to notice properly or to provide evidence of proper notice will prevent the respective Board from hearing the application as scheduled, thereby requiring a rescheduling of the application and the requirement that the applicant reissue proper notice.
§ 300-30 Public hearings.
A.
The Planning Board or the Zoning Board of Adjustment, as the case may be, shall select a reasonable time and place for the public hearings on all matters properly brought before such bodies for which a public hearing is required by this chapter.
B.
Upon an application being deemed complete, a public hearing scheduled and proper public notice made, the Planning Board or Zoning Board of Adjustment, as the case may be, shall hold a public hearing on each matter within the time limits established under this chapter and the Municipal Land Use Law. The responsible board shall render its decision by either approving the application outright, approving the application subject to conditions or denying the application.
C.
Failure of the Board to act within the time limits established or such longer period of time as may be agreed to by the applicant shall be deemed an approval of the application.
D.
Conduct of hearings.
(1)
Any person may appear, testify, submit documentary evidence and present argument at a public hearing, either in person or by a duly authorized agent or attorney.
(2)
Technical rules of evidence shall not be applicable at hearings held pursuant to this chapter, but the responsible board shall exclude irrelevant, immaterial and unduly repetitious evidence or arguments.
(3)
Rights of persons entitled notice.
(a)
Subject to the sound discretion of the responsible board, the applicant or his representative, and any officer, department, bureau, board or commission of the City and any property owner or governmental agency entitled to mailed or personal notice under § 300-29, may be permitted:
[1]
To present witnesses, evidence and arguments on their own behalf and, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses, to cross-examine and impeach witnesses and evidence offered in opposition to their position;
[2]
To examine and reproduce any documents produced at the hearing; and
[3]
Subject to the right of the applicant to a decision within any applicable time period, to be granted, upon request, one continuance for the purpose of presenting evidence to rebut evidence introduced by any other person. The date, time and place of the continued hearing shall be announced at the public hearing at which the vote of continuance is passed. The responsible board, at its discretion, may require that the party requesting a continuance issue further notice pursuant to § 300-29 or may, at its discretion, waive such further notice.
(b)
In granting, withholding or limiting such rights, the discretion of the responsible board shall be governed by the goal of securing, in a timely fashion, all information, opinion and argument relevant and material to its deliberations. Such rights shall not, however, be granted where undue and unwarranted delay would result or where to do so would tend to produce no new evidence or arguments to aid the responsible board in reaching its decision.
(4)
Subject to the right of the applicant to a decision within any applicable time limit, the responsible board may at any time, on its own motion or at the request of any person, adjourn the hearing for a reasonable time and to a fixed date, time and place for the purpose of giving further notice, taking further evidence, gathering further information or for such other reason as the Board may find to be sufficient. The date, time and place of the adjourned hearing shall be announced at the public hearing at which the vote of adjournment is passed, and no further notice shall be required.
(5)
All testimony and evidence shall be given under oath or affirmation. The officer presiding at the hearing or such person as he may designate shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties. The provisions of the County and Municipal Investigations Law (N.J.S.A. 2A-67A-1 et seq.) shall apply to all hearings held pursuant to this chapter.
(6)
Each board shall provide for the verbatim recording of every hearing required to be held pursuant to this chapter. Such recording shall be by either stenographic, mechanical or electronic means. The Board Secretary shall furnish a transcript, or duplicate recording in lieu thereof, to any interested person upon written request and the payment of a fee in accordance with § 300-9.
(7)
All other matters pertaining to the conduct of hearings shall be governed by the provisions of this chapter pertaining thereto and the rules promulgated by the Board conducting the hearing.
E.
Prehearing availability of application and other documents.
(1)
At any time following the issue of notice as required under § 300-29, and upon reasonable request, any person may examine the application or other filing and all other documents on file with the Zoning Officer pertaining to the subject matter of such notice.
(2)
Any maps or documents for which approval is sought at a hearing required to be held pursuant to this chapter shall be on file and available for public inspection at least 10 days prior to the date of the hearing. Such maps and documents shall be available for inspection during normal business hours at the office of the Zoning Officer.
(3)
Any person shall be entitled to copies of such application or other filing and such documents upon reasonable written request and payment of a fee in accordance with § 300-9.
(4)
The applicant may produce other documents, records or testimony at the hearing to substantiate, clarify or supplement the previously filed maps and documents.
F.
The responsible board shall memorialize its action via a decision and resolution at the next scheduled meeting of the Board. Such decision and resolution shall be a conclusive, binding and final determination of the Board's action.
G.
A copy of each decision and resolution made following a hearing on an application for development or for an amendment or on an appeal to the Zoning Board of Adjustment, or certification of failure to act thereon, shall be mailed by the Board Secretary within 10 days following the date of the decision to the applicant or, if represented by an attorney, then to such attorney, without separate charge. In addition, the Board Secretary shall mail a copy of any such decision to any person who shall, in writing, request a copy of such decision and pay a fee in accordance with § 300-9.
H.
A copy of each such decision and resolution, or certification of failure to act thereon, shall be placed on file in the offices of the Board Secretary and the City Clerk. The Board Secretary shall make a copy of each such decision and resolution available to any interested party upon request and the payment of a fee in accordance with § 300-9. All such decisions and resolutions shall be available for public inspection at the office of the Zoning Officer during normal business hours.
I.
Within 10 days following the date of the decision, the applicant shall also cause a brief notice of the decision and resolution, or certification of failure to act thereon, to be published in the official newspaper of the City of Pleasantville. The time for filing an appeal from any decision and resolution shall begin to run on the day such notice is first published.
J.
Development regulations, Master Plan and Official Map.
(1)
Within 30 days following the date of adoption, revision or amendment of any development regulation or of the Pleasantville Master Plan, or Official Map, the Board Secretary shall give notice thereof to the County Planning Board. Every such notice shall be accompanied by a copy of the development regulation, Master Plan or Official Map, or any amendment or revision as adopted.
(2)
Within 30 days following the adoption or amendment of the Pleasantville Official Map, such map, as adopted, revised or amended, shall be filed with the Pleasantville City Clerk.
(3)
Copies of every development regulation and any revision or amendment thereto shall be filed in the office of the Pleasantville City Clerk and in the office of the Board Secretary. Such copies shall be maintained in each such office and shall be available to any interested party upon reasonable request and a payment of a fee in accordance with § 300-9.
§ 300-31 Development barred by legal action.
A.
Whenever an application for development has been granted pursuant to this chapter and the developer is willing and able to proceed with the development but is barred from proceeding by a legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare, or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health or welfare, the running of the period of approval under this chapter shall be suspended for the period of time said legal action is pending or such directive or order is in effect.
B.
A developer may submit a development application pursuant to this chapter which is directly or indirectly barred by a legal action instituted by a state agency, political subdivision or other party to protect the public health and welfare, or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health and welfare. The Board to which the application is submitted shall process the application as if no such bar existed, and any approval granted shall be conditioned upon the removal of such legal barrier to development.
§ 300-32 Development dependent on other agency approval.
Whenever a developer submits an application for development pursuant to this chapter which requires the approval of an agency outside the provisions of this chapter, the responsible board shall process the application as if no further approval was required, and any approval granted shall be conditioned upon the approval of such outside agency.
§ 300-33 Successive applications.
A.
Whenever any application, appeal or other request filed pursuant to this chapter has been finally denied on its merits, a second application, appeal or other request seeking essentially the same relief, whether or not in the same form or on the same theory, shall not be brought unless, in the opinion of the Board before which it is brought, substantial new evidence is available or a mistake of law or fact significantly affected the prior denial.
B.
Any such second application shall include a detailed statement of grounds justifying consideration of such application.
C.
Such application may be denied summarily and without hearing upon a finding that no grounds appear which warrant a new hearing. In any case where such application is set for hearing, the applicant shall be required to establish grounds warranting reconsideration of the merits of the application prior to being allowed to offer any evidence on the merits. Unless such grounds are established, the application may be summarily dismissed for such failure.
§ 300-34 Applications for zoning permits.
B.
Purpose. A zoning permit is intended to serve the following general purposes:
(1)
To provide a procedure for reviewing plans for compliance with this chapter.
(2)
As a means for evidencing such compliance.
(3)
As an adjunct to, and thus must be filed prior to or with, all other applications filed pursuant to this chapter with respect to a specific use or development proposal. When so filed, a zoning permit serves as a vehicle for routine plan review by the Zoning Officer prior to consideration of special requests by other officers, boards and commissions, thus avoiding needless special reviews of defective plans.
C.
Submission and processing of applications.
(1)
Unless a zoning permit shall have first been obtained from the Zoning Officer:
(a)
The construction, reconstruction, remodeling, alteration or moving of any structure shall not begin.
(b)
No land vacant on the effective date of this chapter shall be used or occupied for any purpose.
(c)
The improvement of land preliminary to any use of such land shall not begin.
(d)
Building or other permits pertaining to the construction, reconstruction, remodeling, alteration or moving of any structure, or the use of any land or structure, shall not be issued by any official, officer, employee, department, bureau, board, commission or agency of the City.
(e)
No use or occupancy of any land or structure shall be changed to any other use or occupancy, whether or not construction, reconstruction, remodeling, alteration or moving is involved.
(f)
No home occupation shall be established.
(g)
No group family household shall be established.
(2)
In any case where a zoning permit is not required under this chapter, the Zoning Officer shall, on written request, issue a binding certification of such fact.
(3)
An application for a zoning permit shall be made, in writing, to the Zoning Officer, shall be in such form and contain such information and documentation as is required by Checklist A and Checklist B, included in § 300-77, and shall be accompanied by a nonrefundable application fee and escrow deposit in accordance with § 300-9.
(4)
The Zoning Officer shall act on an application for a zoning permit within 10 days following determination of a completed application therefor, and shall promptly inform the applicant whether the application has been granted, denied, or will require review and approval beyond the jurisdiction of the Zoning Officer pursuant to the provisions of this chapter.
(5)
In any case where an application is granted, the Zoning Officer shall issue a zoning permit, which shall, either directly or by incorporation of explicitly identified plans and documents, describe the proposed construction, reconstruction, remodeling, alteration, moving or subdivision to which the permit applies, and shall certify the compliance of such construction, reconstruction, remodeling, alteration, moving or subdivision with all or stated provisions of this chapter.
(6)
Every zoning permit issued shall state on its face, in bold, capital letters:
THIS ZONING PERMIT IS SUBJECT TO CHANGES IN THE PLEASANTVILLE LAND MANAGEMENT CODE WHICH MAY OCCUR FROM TIME TO TIME. | |
THIS ZONING PERMIT DOES NOT SIGNIFY CONSTRUCTION CODE REVIEW OR APPROVAL. APPLICATION IS NOT AUTHORIZATION TO UNDERTAKE ANY WORK WITHOUT SUCH REVIEW AND APPROVAL (WHERE EITHER IS REQUIRED). | |
BEFORE ANY STRUCTURE TO WHICH THIS ZONING PERMIT IS APPLICABLE MAY BE OCCUPIED OR USED FOR ANY PURPOSE, A CERTIFICATE OF OCCUPANCY OR OCCUPANCY PERMIT MUST BE OBTAINED IN ACCORDANCE WITH § 300-43 AND CHAPTER 119 (CONSTRUCTION CODES, UNIFORM) OF THE PLEASANTVILLE CITY CODE. |
(7)
In any case where an application is denied, the Zoning Officer shall state the specific reasons therefor, shall cite the specific provisions of this chapter upon which such denial is based and shall state any special approval procedure for relief of such denial available under this chapter but beyond the jurisdiction of the Zoning Officer.
(8)
A duplicate copy of every zoning permit issued or denied pursuant to this section, numbered consecutively and showing the fee charged therefor, together with such portions of the application as the Zoning Officer may consider necessary for the proper administration of this chapter, shall be kept on file by the Zoning Officer as a public record, open to inspection by interested parties at reasonable times and upon reasonable notice.
(9)
Effect of approval.
(a)
The issuance of a zoning permit shall not authorize the establishment or extension of any use nor the development, construction, relocation, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any additional permits and approvals which may be required by the codes and ordinances of the City or other governmental agency, including but not limited to a building permit, a certificate of occupancy and any special permits or approvals required pursuant to the provisions of this chapter.
(b)
Where the permit relates to specific plans or is limited to a certification of compliance with specified provisions of this chapter, such permit shall not be construed to certify compliance as to any matter not shown on such plans or to any provision other than those specified.
(10)
Limitations on approval. Except to the extent that, under this chapter, site plan and/or subdivision plat approvals confer specified rights on the applicant which are irrevocable for specified periods of time, the issuance of a zoning permit pursuant to this section shall not limit the right of the City to change the provisions of this chapter in a manner considered appropriate by it, and upon the effective date of any such change, inconsistent with any certification contained in any such permit, such permit shall, to the extent of such inconsistency, be null, void and of no effect.
§ 300-35 Preapplication conference.
A.
Purpose.
(1)
Prior to filing any application for site plan or subdivision approval, the prospective applicant may request a preapplication conference with the Planning Board or Planning and Redevelopment Advisory Committee. Included in such preapplication conference shall be relevant City/Board staff and consultants.
(2)
The preapplication conference shall be an informal, nonbinding review of the proposed project designed to broadly acquaint all parties with the project proposal, air views and concerns of all parties and provide the applicant with guidance and direction as to possible solutions to problematic project elements.
B.
Submission and processing of applications.
(1)
A request for a preapplication conference shall be made, in writing, to the Planning Board Secretary. Requests shall be in such form as is required by Checklist A and Checklist C, included in § 300-77, and shall address as many submission items requested by Checklist A and Checklist C as are known at the time, but in any case shall include the information necessary to provide the Board with a complete understanding of the proposed project. Requests for preapplication conferences shall be accompanied by a nonrefundable application fee and escrow deposit in accordance with § 300-9.
(2)
The Planning Board Secretary shall notify the applicant of the time and place of the preapplication conference, which shall be held within 45 days following determination that all information and documentation required by Checklist A and Checklist C and all application fees and escrow deposits have been submitted, or within such other time as may be consented to by the applicant.
§ 300-36 Site plan and subdivision review and approval.
A.
Authority.
(1)
The City of Pleasantville hereby requires site plan review and approval for:
(b)
All major subdivisions.
(c)
Any development requiring a variance under N.J.S.A. 40:55D-70(d).
(d)
All changes in use that increases the intensity of the use of the property.
(e)
Any development involving the construction of any new structure in excess of (the lower of) three stories or 35 feet in height.
(f)
Any increase in building height of any existing structure resulting in such structure increasing beyond 2 1/2 stories or 35 feet in height.
(g)
Any development involving the construction or exterior alteration of any public or private school or other educational institution not under the jurisdiction of the New Jersey Department of Education, or any library, place of worship or place of public assembly.
(h)
Subject to review and comment by the Planning Board under N.J.S.A. 40:55D-31.
[1]
Any development involving the construction of any building to be constructed, owned, leased or operated by any unit of the national, state or local government, or the exterior alteration of any building to be constructed, altered, owned, leased or operated by any such governmental agency, or the use or development of any land to be owned, leased or operated by any such governmental agency.
[2]
Any development involving the construction or exterior alteration of any public or private school or other educational institution under the jurisdiction of the New Jersey Department of Education.
(i)
Any development involving the physical expansion of any existing rooming house or lodging house or the increasing of the number of rooms in any existing rooming house or lodging house.
(2)
The City of Pleasantville hereby requires subdivision review and approval for all subdivisions and resubdivisions of land.
(4)
Such review and approval is required prior to any clearing or excavation of or removal of soil from a site, prior to any affirmative construction on a site, prior to the issuance of any building permit or certificate of occupancy and prior to the recording of any plat or plan.
(5)
Such review and approval shall be subject to the procedures, standards and limitations hereinafter set forth herein.
(6)
Approval by the Zoning Board of Adjustment may substitute for the approval of the Planning Board whenever the Board of Adjustment has jurisdiction over a site plan or subdivision pursuant to this chapter.
C.
Purpose.
(1)
The purpose of this section is to establish a unified set of procedures and standards governing site plan and subdivision review and approval.
(2)
It is the purpose of the provisions of this section to assure that development will occur only as consistent with the Master Plan, any capital improvement program, the Official Map and this chapter, and that adequate consideration will be given to critical on-tract and off-tract engineering, planning and design elements so as to assure the least possible adverse effect upon and the greatest possible benefit to the public health, safety and welfare as a result of public and private development. In particular, it is the purpose of this section to insure that all development subject to these provisions are located, planned, designed, laid out, constructed and serviced to:
(a)
Provide for adequate light, air and privacy;
(b)
Secure safety from fire, flood and other danger;
(c)
Be served by or provide adequate public improvements, public sites and rights-of-way and essential public and quasi-public services and facilities;
(d)
Provide the most beneficial relationship between the land use, structural form and traffic circulation, having particular regard to the avoidance of congestion in the streets and highways and the adequate provision for pedestrian and vehicular movement of traffic and the adequacy of parking and loading;
(e)
Prevent the pollution of air, water and land;
(f)
Assure the adequacy of drainage facilities;
(g)
Safeguard the water table;
(h)
Insure the proper use and management of natural resources in order to preserve their integrity and stability and to ensure appropriate development while minimizing negative impacts to such features;
(i)
Provide for open spaces through the most efficient design and layout of the land;
(j)
Provide an orderly layout and design of new subdivisions and resubdivisions; and
(k)
In the case of subdivisions, provide for the proper conveyance of land by ensuring accurate legal descriptions and the proper placement of monumentation.
(3)
Consistent with the structure of the New Jersey Municipal Land Use Law, this section makes no distinction between cases where site plan approval is required and those where subdivision approval is required, but does distinguish between major site plans and subdivisions and minor site plans and subdivisions, as same are defined in this chapter.
D.
Procedures, general.
(1)
The procedures established by this section are intended to serve as the principal development review mechanism for all significant development in the City, whether such development is permitted by-right or requires discretionary (i.e., variance) approval.
(2)
Requirements for by-right applications. The standards of this section are intended as minimum standards to be met by all developments subject to site plan and subdivision review and are designed to insure that development permitted by-right in the various zoning districts will be adequately planned, designed and serviced to protect the public health, safety and welfare.
(3)
Requirements for discretionary approvals, combined.
(a)
In cases where discretionary approval, as defined in § 300-10, is required, the procedures for site plan and/or subdivision approval established herein are designed to be concurrent with such discretionary approvals so that the applications for such approvals may be processed without the need for separate hearings and hearing notices.
(b)
Where a development requires site plan and/or subdivision approval in connection with another discretionary approval pursuant to other sections of this chapter, additional standards applicable to such discretionary approvals must be met, such standards being generally more demanding than the minimum standards established by this section, it being recognized that developments subject to such discretionary approvals are generally those which are expected to have unusual impacts either on their immediate neighborhood or on the City in general.
(4)
Initiation. An application for site plan or subdivision approval may be filed by the owner of or other person having a contractual interest in the subject property.
E.
Minor site plans and minor subdivisions.
(1)
Purpose. The provisions of this section shall apply only upon a finding by the Zoning Officer that the proposed development qualifies as a minor site plan and/or minor subdivision, as defined in § 300-10, and that no useful purpose would be served by the bifurcation of the application into preliminary and final phases and holding separate public hearings on each matter.
(2)
Submission and processing of applications.
(a)
Applications for minor site plan and/or minor subdivision approval shall be in such form and shall contain such information and documentation as is required by Checklist A and Checklist D, included in § 300-77, and shall be accompanied by a nonrefundable application fee and escrow deposit, pursuant to § 300-9.
(b)
Upon determination that an applicant has been deemed complete in accordance with § 300-27, the Planning Board or Zoning Board Secretary, as the case may be, shall notify the applicant of the time and place of the hearing on such matter.
(c)
The Planning Board or Zoning Board of Adjustment, as the case may be, shall act on an application for minor site plan and/or minor subdivision approval within 45 days from the time the application has been determined to be complete, or within such other time as may be consented to by the applicant.
(d)
Effect of approval. Approval of a minor subdivision plat shall be deemed to be final approval of the subdivision, subject to any condition imposed.
(e)
Limitations on approval/expiration.
[1]
Approval of a minor subdivision shall expire 190 days from the date of memorialization of the Board resolution approving the application, unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.) is filed by the applicant with the Atlantic County Recording Officer, the City Engineer and the Municipal Tax Assessor. Any such plat accepted for filing shall have been signed by the Chair and Secretary of the Planning Board, or Zoning Board of Adjustment, as the case may be, and referred to the Atlantic County Planning Board pursuant to this chapter.
[2]
Alternatively, the filing and recording of minor subdivisions may be accomplished by deed, provided that such deed clearly describes the approved minor subdivision.
[3]
Approval of a minor site plan or subdivision by the Pleasantville Planning Board or Zoning Board of Adjustment, as the case maybe, shall not substitute for or limit the power of the Atlantic County Planning Board to review and approve a minor site plan or subdivision under its jurisdiction.
F.
Preliminary major site plans and preliminary major subdivisions.
(1)
Purpose.
(a)
A preliminary major site plan or preliminary major subdivision plat is intended to serve as a working document in the development of a final major site plan or final major subdivision plat and to provide sufficiently detailed information to allow an informed decision concerning the overall acceptability of a proposed development.
(b)
The preliminary major site plan or preliminary major subdivision plat is the basis on which the required public hearing is held.
(c)
Approval of the preliminary major site plan or preliminary major subdivision plat binds the applicant and the City with respect to the following basic elements of the development (to the extent applicable):
[1]
Consistency of the layout or arrangement of the subdivision or land development with the requirements of this chapter.
[2]
Streets in the subdivision or land development of sufficient width and suitable grade and suitably located to:
[a]
Accommodate prospective traffic.
[b]
Provide access for emergency responders and their equipment to buildings.
[c]
Coordinate rights-of-way in order to create a convenient system of conveyances, consistent with the Official Map, if any, and the Circulation Plan Element of the municipal Master Plan, if any.
[d]
Orient rights-of-way in order to permit a reasonable utilization of lands and buildings to maximize solar gain, provided that no street of a width greater than 50 feet within the right-of-way lines shall be required unless said street constitutes an extension of an existing street of the greater width or already has been shown at the greater width on the Official Map or in the Master Plan.
[3]
Adequate water supply, drainage, sewerage facilities and other utilities necessary for essential services to residents and occupants.
[4]
Suitable size, shape and location for any area reserved for public use pursuant to N.J.S.A. 40:55D-44.
[5]
Regulation of land designated as subject to flooding pursuant to N.J.S.A. 40:55D-65e to avoid danger to life or property.
[6]
Protection and conservation of soils from erosion by wind or water or from excavation or grading.
[7]
Conformity with standards promulgated by the Commissioner of Transportation, pursuant to the Air Safety and Hazardous Zoning Act of 1983 (N.J.S.A. 6:1-80 et seq.) for any airport hazard areas delineated thereunder.
[8]
Provisions governing the standards for grading, improvement and construction of streets or drives and for any required walkways, curbs, gutters, streetlights, landscaping, fire hydrants and water and drainage and sewerage facilities and other improvements as shall be found necessary and provisions ensuring that such facilities shall be completed either prior to or subsequent to final approval of the subdivision or site plan by allowing the posting of performance bonds by the developer.
[9]
Provisions for off-tract water, sewer, drainage and street improvements which are necessitated by a subdivision or land development, subject to the provisions of N.J.S.A. 40:55D-42.
[10]
Provisions ensuring, in the case of a development which proposes construction over a period of years, the protection of the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development.
[11]
Provisions that require, as a condition for local municipal approval, the submission of proof that no taxes or assessments for local improvements are due or delinquent on the property for which any subdivision or site plan application is made
[12]
Preservation of existing natural resources
[13]
Adequate screening, landscaping and location of structures on both the public and private portions of the development
[14]
Safe and efficient vehicular and pedestrian circulation, parking and loading
[15]
In addition to any requirements for streetlighting, exterior lighting needed for safety.
[16]
Conservation of energy and use of renewable energy sources.
(2)
Submission and processing of applications.
(a)
Applications for preliminary major site plan and/or preliminary major subdivision approval shall be in such form and shall contain such information and documentation as is required by Checklist A and Checklist E, included in § 300-77, and shall be accompanied by a nonrefundable application fee and escrow deposit, pursuant to § 300-9.
(b)
Upon determination that an application has been deemed complete in accordance with § 300-27, the Planning Board or Zoning Board Secretary, as the case may be, shall notify the applicant of the time and place of the hearing on such matter.
(c)
The Planning Board shall act on an application for preliminary major site plan and/or preliminary major subdivision approval within the following time periods, or within such other time as may be consented to by the applicant:
[1]
For development involving 10 or fewer acres and 10 or fewer lots: within 45 days following determination of a complete application or within such other time as may be consented to by the applicant.
[2]
For development involving more than 10 acres or more than 10 lots: within 95 days following determination of a complete application or within such other time as may be consented to by the applicant.
(d)
The Zoning Board of Adjustment shall act on an application for preliminary major site plan and/or preliminary major subdivision approval where variance relief is required under N.J.S.A. 40:55D-70(d) within 120 days following determination of a complete application or within such other time as may be consented to by the applicant.
(e)
Failure of either board to act within the foregoing time frames shall constitute approval of the application.
(f)
Standard for approval. No application for Preliminary major site plan and/or preliminary major subdivision approval shall be granted unless the Planning Board or Zoning Board of Adjustment, as the case may be, shall find that, based on the information presented to it, it is probable that the proposed development will, upon presentation of an application for final major site plan and/or final major subdivision pursuant to § 300-36G, merit approval on the basis of its compliance with each of the standards established for site plan and/or subdivision plat approval pursuant to this chapter.
(g)
Conditions for approval.
[1]
In granting preliminary major site plan and/or preliminary major subdivision approval, the Planning Board or Zoning Board of Adjustment, as the case may be, may impose such restrictions and conditions upon the approval, the proposed development or the subject property as may be necessary, in its opinion, to achieve the purposes of this chapter and the site plan/subdivision approval process, to ensure the compliance of the proposed development with the standards established by this chapter and to prevent or minimize any adverse effects of the proposed development upon any portion of the subject property, properties in the neighborhood of the subject property and/or upon the general health, safety and welfare of the entire community. Where any remaining portion of the subject property is sufficient to be subdivided and/or further developed, the Planning Board or Zoning Board of Adjustment, as the case may be, may require the applicant to submit a conceptual feasibility plan as to how such land could be subdivided and/or further developed in order for the Board to determine the extent that such development might create or exacerbate any such adverse effects.
[2]
Every preliminary site plan or preliminary subdivision approval shall be conditioned upon the timely submission of a final site plan or final subdivision in compliance with the provisions of § 300-36G and upon the applicant's continuing compliance with applicable laws, ordinances and regulations and all conditions imposed pursuant to such approval.
[3]
All conditions imposed upon any preliminary site plan or preliminary subdivision approval, except to the extent made applicable to all such approvals by this chapter, shall be expressly set forth in the decision and resolution granting such approval. The violation of any condition upon any such approval shall be a violation of this chapter and shall be sufficient basis for revoking such approval and for denying any further approval required pursuant to this chapter or any other ordinance of the City of Pleasantville.
[4]
Upon approval of an application for preliminary major site plan and/or preliminary major subdivision approval, the applicant shall furnish 10 copies of such approved plan/plat to the Secretary of the Planning Board or Zoning Board of Adjustment, as the case may be. Such approved plan/plat shall include a notation that the plan/plat has been approved as well as signature lines for the City Engineer and the Board Chair and Board Secretary, who by affixing their signatures to each copy, shall signify such approval.
[5]
Revisions to preliminary major site plans and/or preliminary major subdivisions.
[a]
The Planning Board or Zoning Board of Adjustment, as the case may be, may condition its preliminary major site plan and/or preliminary major subdivision approval on such minor revisions or additions as may be deemed necessary. All such modifications shall be completed and submitted to the Board within 30 days of such approval.
[b]
Withdrawal and resubmission of the application shall be required in any case where the Planning Board or Zoning Board of Adjustment, as the case may be, determines, in its sole discretion, that the necessary revisions or additions are so substantial in nature, scope or extent to warrant such resubmission.
(h)
Effect of approval. Unless the applicant shall fail to file the final major site plan and/or preliminary major subdivision plat with the appropriate County Recording Officer within 95 days of signature by the Secretary and Chair of the Planning Board or Zoning Board of Adjustment, as the case may be, or shall fail to proceed with development in accordance with the provisions of this chapter and the preliminary major site plan and/or preliminary major subdivision application as approved, or shall in any other manner fail to comply with any provision of this chapter or any condition of any approval granted pursuant to it, a preliminary major site plan or preliminary major subdivision which has been approved or approved subject to conditions which have been accepted by the applicant shall not be modified, revoked or otherwise impaired, pending the application for approval of a final major site plan and/or final major subdivision, by any action of the City without the consent of the applicant.
(i)
Limitations on approval/expiration.
[1]
Approval of a preliminary major site plan or subdivision by the Pleasantville Planning Board or Zoning Board of Adjustment, as the case maybe, shall not substitute for or limit the power of the Atlantic County Planning Board to review and approve such site plan or subdivision under its jurisdiction.
[2]
Unless a final major site plan and/or final major subdivision plat covering at least the area designated in the preliminary major site plan and/or preliminary major subdivision plat as the first stage or unit of the proposed development has been filed with the appropriate County Recording Officer within three years following the date of the preliminary major site plan and/or preliminary major subdivision plat approval, or in any case where the applicant fails to proceed with development in accordance with the provisions of this chapter and the approved the Preliminary major site plan and/or Preliminary Major Subdivision plat or fails in any other manner to comply with the provisions of this chapter or any approval granted pursuant to it, the preliminary major site plan and/or preliminary major subdivision approval shall expire and be of no further force or effect, unless the Planning Board or Zoning Board of Adjustment, as the case may be, shall, upon written request of the applicant, waive any failure of compliance or, to the extent permitted by Subsection F(2)(i)[3] below, grant an extension of the time specified in this subsection.
[3]
Following the approval of a preliminary major site plan and/or preliminary major subdivision plat, the Planning Board or Zoning Board of Adjustment, as the case may be, may, upon written request of the applicant, grant an extension of such preliminary approval for additional periods of at least one year, but not to exceed a total extension of two years, from the original expiration date of the preliminary approval; provided, however, that in the case of a preliminary major site plan and/or preliminary major subdivision plat for an area of 50 acres or more, the responsible board may, in originally granting preliminary approval, provide that the preliminary approval shall not expire for such period of time, in excess of than three years, as shall be determined by the such board, taking into consideration the number of dwelling units and/or nonresidential floor area permitted pursuant to the preliminary approval, economic conditions and the comprehensiveness of the development. In the case of any such development of 50 acres or more, the applicant may apply for and the responsible board may grant extensions of the preliminary approval for such additional periods of time following the original expiration date as shall be determined by the Board to be reasonable, taking into consideration the number of dwelling units and the nonresidential floor area permitted by the preliminary approval, the potential number of dwelling units or nonresidential floor area of the stage or stages of the development awaiting final approval, economic conditions and the comprehensiveness of the development. If the standards for approval of a preliminary major site plan and/or preliminary major subdivision plat have been revised at the time a request for extension is made pursuant to this subsection, the Board may, in its discretion, apply the revised standards to the request for extension.
[4]
Upon the grant of final approval for any stage or unit of the proposed development, the time period during which the preliminary approval is to remain in effect pursuant to this section shall expire as to that stage or unit.
(j)
Site improvements.
[1]
At any time following the approval of a preliminary major site plan and/or preliminary major subdivision plat, the applicant may, pursuant to and subject to the limitations of the applicable codes and ordinances of the City, apply for and receive grading permits and approvals necessary for the installation of public improvements and private roads within the area of the proposed development for which preliminary approval has been given.
[2]
If expressly authorized by the approval of the preliminary major site plan and/or preliminary major subdivision plat, the applicant may, pursuant to and subject to the limitations of the applicable codes and ordinances of the City, apply for and receive building permits for model buildings or temporary structures to be constructed within the area of the proposed development.
G.
Final major site plans and final major subdivisions.
(1)
Purpose. A final major site plan and/or final major subdivision plat shall serve as a complete, thorough and permanent public record of the proposed development and the manner in which it is to be developed. The final plan or plat is intended only to add detail to and to put in final form the information contained in the preliminary major site plan and/or preliminary major subdivision plat and shall conform to the preliminary approval in all respects, and shall incorporate all prior approved plans and all approved modifications thereof resulting from the site plan/subdivision approval process and shall be responsive to and in compliance with all conditions imposed on prior approvals.
(2)
Submission and processing of applications.
(a)
Applicants shall have three years from the date of Preliminary major site plan and/or preliminary major subdivision approval to submit an application for final major site plan and/or final major subdivision approval.
(b)
Applications for final major site plan and/or final major subdivision approval shall be in such form and shall contain such information and documentation as is required by Checklist A and Checklist F, included in § 300-77, and shall be accompanied by a nonrefundable application fee and escrow deposit in accordance with § 300-9.
(c)
The application may include the entire area of the approved preliminary major site plan and/or preliminary major subdivision plat or one or more stages or units thereof in accordance with a staging plan approved as part of the preliminary approval. The application shall add necessary detail to and put in final form the information contained in the approved preliminary major site plan and/or preliminary major subdivision plat and shall conform to the approved preliminary major site plan and/or preliminary major subdivision plat and all conditions imposed on such approval in all respects.
(d)
Upon determination that an applicant has been deemed complete in accordance with § 300-27, the Planning Board or Zoning Board Secretary, as the case may be, shall notify the applicant of the time and place of the hearing on such matter.
(e)
Time frames for Board action.
[1]
The Planning Board or Zoning Board of Adjustment, as the case may be, shall act on an application for final major site plan and/or final major subdivision approval within the following time periods:
[a]
For development requiring variance approval: within the time allowed for such approval if longer than the time allowed pursuant to the foregoing subsections.
[b]
For all other developments, within 45 days of determination of a complete application, or within such further time as may be consented to by the applicant.
[2]
Failure of the Board to act within such time frames shall constitute approval of the application.
(f)
Standard for approval.
[1]
No application for final major site plan and/or final major subdivision approval shall be granted unless the Planning Board or Zoning Board of Adjustment, as the case may be, shall find that, based on the information presented to it, the proposed development and the final plan/plat are in compliance with each of the standards established for major site plan and/or major subdivision plats approval pursuant to this chapter.
[2]
The decisions, findings and recommendations of any third-party agency or official who might have jurisdiction over an application for site plan and/or subdivision approval shall be reviewed and carefully considered as part of the deliberations for final major site plan and/or final major subdivision approval by the Planning Board or Zoning Board of Adjustment, as the case may be.
[3]
Any approval of a preliminary major site plan and/or preliminary major subdivision by the County Planning Board shall be noted on the final plan/plat.
(g)
Conditions for approval.
[1]
In granting final major site plan and/or final major subdivision approval, the Planning Board or Zoning Board of Adjustment, as the case may be, may impose such restrictions and conditions upon the approval, the proposed development or the subject property as may be necessary, in its opinion, to achieve the purposes of this chapter and the site plan/subdivision approval process, to ensure the compliance of the proposed development with the standards established by this chapter, and to prevent or minimize any adverse effects of the proposed development upon properties in the neighborhood and upon the general health, safety and welfare of the entire community.
[2]
Every final plan/plat approval shall be conditioned upon the applicant's strict compliance with all the terms, restrictions and conditions of the approved final plan/plat, and upon the applicant's continuing compliance with all applicable laws, ordinances and regulations. All conditions imposed upon any final plan/plat approval, except to the extent made applicable to all such approvals by the terms of this chapter, shall be expressly set forth in the decision and resolution granting such approval. Violation of any condition of any such approval shall be a violation of this chapter and shall be sufficient basis for revoking final site plan and/or subdivision approval and for denying any further approval or permit required pursuant to this chapter or any other ordinance of the City of Pleasantville.
(h)
Notice of final approval.
[1]
Within 10 days following the date of memorialization of the Board resolution approving the final major site plan and/or final major subdivision, or the expiration, without decision, of the time specified in § 300-36G(2)(e), the Board Secretary shall publish notice and mail notice thereof to all parties entitled thereto. Notice to the applicant shall include a provision informing him/her that properly signed and approved copies of the final plan/plat as necessary for Atlantic County review and for recording may be obtained upon submission of the guaranties required by § 300-49 and the presentation of proof of recording, prior to the sale of any property to be subject to them, of any documents, easements, restrictions or covenants required to be recorded as a condition of final approval.
[2]
Approval of the final plan or plat shall be evidenced by the signature thereon of the Board Secretary, which shall not, however, be affixed until the applicant has posted the guaranties required by § 300-49.
[3]
In the case of failure of the Board to act on an application for final major site plan and/or final major subdivision approval, a certificate evidencing such failure shall be issued by the Board Secretary Zoning Officer, upon written request of the applicant and the posting of guaranties as required by § 300-49.
[4]
Such certificate shall be sufficient, in lieu of the written endorsements herein required, and shall be so accepted by the Atlantic County Recording Officer for purposes of filing of approved final major site plans and/or final major subdivision plats. The date the Board Secretary issues such certificate shall be the date of final approval.
(i)
Recording of final approval. The applicant shall, within 95 days following the date of memorialization of the Board resolution approving the application, file an approved final major subdivision plat with the County Recording Officer. The Planning Board or Zoning Board of Adjustment, as the case may be, may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of final approval. If the applicant fails to record the plat or plan within the prescribed time, final approval shall expire.
(j)
Limitations on approval/expiration.
[1]
Unless an applicant shall fail to comply with any condition or provision of this chapter or any approval granted pursuant to it, all rights conferred upon the applicant pursuant to a final plan/plat approval granted in accordance with the provisions of this chapter, whether conditionally or otherwise, shall not be changed for a period of two years or such longer period as may be established pursuant to the provisions of Subsection G(2)(j)[3] below after the date of said final approval. The rights so conferred shall expire if the plat has not been duly recorded within the time period provided in Subsection G(2)(i) above.
[2]
If the developer has followed the standards prescribed for final approval and has duly recorded the plat, the Planning Board or Zoning Board of Adjustment, as the case may be, may, upon written request of the applicant, extend such period of protection for up to one year; provided, however, that not more than three such extensions shall be granted, except pursuant to the provisions of Subsection G(2)(j)[3] below.
[3]
In the case of a site plan/subdivision plat for 150 acres or more, the Planning Board or Zoning Board of Adjustment, as the case may be, may extend the original period during which rights conferred pursuant to a final approval shall not be changed for such period of time, longer than two years, as it shall determine to be reasonable, taking into consideration the number of dwelling units and the nonresidential floor area permissible under the final approval, economic conditions and the comprehensiveness of the development. The applicant may thereafter apply for and the Board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the Board to be reasonable, taking into consideration the number of dwelling units and the nonresidential floor area permissible under the final approval, the number of dwelling units and the nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
§ 300-37 Variances.
A.
Authority. The Planning Board or Zoning Board of Adjustment, as the case may be, shall, subject to the procedures, standards and limitations hereinafter set forth, have authority to review and grant or deny variances from the strict application of this chapter.
B.
Purpose and general prohibitions.
(1)
The variance procedure is intended to provide a narrowly circumscribed means by which relief may be granted from unforeseen particular applications of the provisions of this chapter, where such provisions create peculiar and exceptional practical difficulties or exceptional and undue hardships or where special reasons exist for varying the use and structure restrictions of such provisions. Only where no other procedure exists to remedy such difficulty or hardship or to respond to such special reasons is an application for relief pursuant to this section appropriate.
(2)
In adopting this Land Management Code, the City has provided specific, preordained regulations as well as a variety of administrative procedures whereby specific properties and uses may be given individual attention within the confines of a well-structured overall plan of development regulation. The variance procedure is essentially a procedure that operates outside of that structured plan and is, by its very purpose and definition, destructive of that plan.
(3)
Accordingly, the City Council hereby finds as fact and states as policy that no relief pursuant to this section may be validly granted in any case where relief pursuant to any other section of this chapter is or might be available.
C.
"C" variances (N.J.S.A. 40:55D-70c).
(1)
Reasons for granting variances.
(a)
Subject to the general prohibitions of § 300-37B, and to the other terms and provisions of this section, the Planning Board or Zoning Board of Adjustment, as the case may be, may grant a variance from the strict application of any provision of this chapter, other than the provisions hereof restricting the uses to which land and structures may be devoted or the types of structures which may be located in a district and other than the provisions hereof restricting the erection of buildings and structures in public areas mapped on the Official Map or on lots not abutting a street, upon a showing that:
[1]
By reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of exceptional topographic conditions or physical features uniquely affecting the subject property or by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation pursuant to this chapter would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the developer of such property; or
(b)
The grant of a "c" variance shall require the affirmative vote of a majority of Board members present at the time of the vote.
(2)
No "c" variance shall be granted which would result in a substantial detriment to the public good or a substantial impairment of the City's Zone Plan.
(3)
No "c" variance shall be granted pursuant to this subsection which would allow a structure or use in a district restricted against such structure or use. Any variance which would permit, on any lot or parcel, one or more dwelling units in addition to the number that would be permitted by a strict application of the provisions of this chapter shall be considered to be within the prohibition of this subsection.
(4)
No "c" variance shall be granted pursuant to this subsection which would permit the erection of a building or other structure within the bed of a street or public drainageway, flood control basin or public area shown on the Official Map of the City or which would permit erection of a building on a lot which does not abut a street giving access to such building or structure.
(5)
No "c" variance shall be granted by the Zoning Board of Adjustment pursuant to this subsection where the proposed development for which such variance is sought also requires site plan and/or subdivision approval, unless such development also requires a variance under N.J.S.A. 40:55D-70d.
D.
"D" variances (N.J.S.A. 40:55D-70d).
(1)
Subject to the general prohibitions of § 300-37B, and to the other terms and provisions of this section, the Zoning Board of Adjustment may grant a variance to permit a use of a parcel of land or a structure, or the location of a structure in a zoning district restricted against such use or structure, upon a showing that:
(a)
By reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of exceptional topographic conditions or physical features uniquely affecting the subject property or by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation pursuant to this act would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the developer of such property; or
(b)
The grant of the requested variance would advance one of the purposes of the New Jersey Municipal Land Use Law (N.J.S.A. 40:55D-2, adopted by the City of Pleasantville as § 300-3); and
(c)
The grant of the requested variance would not result in a substantial detriment to the public good or a substantial impairment of the goals and purposes of the Master Plan, the Official Map, any capital improvement program and this chapter.
(2)
The grant of a "d" variance shall require the affirmative vote of five Board members.
E.
Official Map variances (N.J.S.A. 40:55D-70b).
(1)
Subject to the general prohibitions of § 300-37B, and to the other terms and provisions of this section, the Board of Adjustment may grant a variance from the application of § 300-16B(2) and (3) upon the terms and conditions hereinafter specified:
(a)
Variance to erect a building or other structure within a reserved public area. Whenever one or more parcels of land upon which is located the bed of a mapped street or public drainageway, flood control basin or other public area reserved pursuant to § 300-16B(2) cannot yield a reasonable return to the owner unless a building permit is granted, the Zoning Board of Adjustment may grant a variance from the application of said subsection and direct the issuance of a permit for a building or structure in such reserved area. Every such variance shall be limited so as to increase the cost of opening such street or developing such drainageway, flood control basin or other public area as little as practicable and to cause the minimum possible change in the Official Map.
(b)
Variance to erect a building or other structure which does not abut a street. Where the enforcement of § 300-16B(3) requiring that no building permit be issued for any building or structure not abutting a street would entail practical difficulty or unnecessary hardship on an applicant, or where circumstances do not require the proposed building or structure to be related to a street, the Zoning Board of Adjustment may grant a variance from the application of said subsection and direct the issuance of a building permit for the proposed building or structure. Every such variance shall be so conditioned as to assure that adequate access to such building or structure will be provided for fire-fighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety, and so as to protect any future street layout shown on the Official Map or on the Circulation Plan Element of the Master Plan.
(2)
The grant of an Official Map variance shall require the affirmative vote of a majority of the Board members present at the time of the vote.
F.
Submission and processing of applications.
(1)
Applications for variance relief shall be in such form and shall contain such information and documentation as is required by Checklist A and Checklist H (for "c" variances) and/or Checklist I (for "d" variances), included in § 300-77, and shall be accompanied by a nonrefundable application fee and escrow deposit in accordance with § 300-9.
(2)
Upon determination that an application has been deemed complete in accordance with § 300-27, the Planning Board or Zoning Board Secretary, as the case may be, shall notify the applicant of the time and place of the hearing on such matter.
(3)
The Planning Board or Zoning Board of Adjustment, as the case may be, shall act on an application for variance relief within 120 days following determination of a complete application.
(4)
Standard for approval.
(a)
The application for a variance shall be denied where the Planning Board or Zoning Board of Adjustment, as the case may be, finds:
[1]
That other relief pursuant to this chapter exists to remedy or respond to the hardship, difficulty or special reason and the applicant has not sought relief pursuant thereto;
[2]
That the grant of the requested variance would result in a substantial impairment of the goals and purposes of the Master Plan, the Official Map, any capital improvement program or this chapter; or
[3]
That any ground exists pursuant to this chapter for denial of the variance.
(b)
The failure of the Board to act within 120 days or such longer period of time as may be agreed to by the applicant shall constitute approval of the application.
(5)
Conditions for approval.
(a)
In granting variance approval, the Planning Board or Zoning Board of Adjustment, as the case may be, may impose such restrictions and conditions upon the approval, the proposed use and the premises to be developed or use pursuant to such approval as may be necessary, in its opinion, to ensure the compatibility of the proposed use and development with surrounding development, to ensure the compliance and consistency of the proposed use and development with the standards of this chapter and the general purposes, goals and objectives of this chapter, the Master Plan, any capital improvement program and the Official Map; and to prevent or minimize adverse effects from the proposed use and development upon other properties in the neighborhood and upon the general health, safety and welfare of the entire City to the end that no variance granted pursuant to this section shall result in a substantial detriment to the public good or a substantial impairment of the land use plans and policies of the City.
(b)
All conditions imposed upon any variance approval, except to the extent made applicable to all such approvals by this chapter, shall be expressly set forth in the decision and resolution granting such approval. The violation of any condition upon any such approval shall be a violation of this chapter and shall be sufficient basis for revoking such approval and for denying any further approval required pursuant to this chapter or any other ordinance of the City of Pleasantville.
(c)
Every variance granted shall be conditioned upon the developer's continuing compliance with all applicable laws, ordinances and regulations and all conditions imposed upon such approval.
(d)
Action by applicant.
[1]
In the event that a variance is granted or granted subject to conditions acceptable to the applicant, the applicant shall, in writing, within 10 days following publication of notice of such decision pursuant to § 300-30G through I, acknowledge the grant of such variance and unconditionally accept and agree to any such conditions.
[2]
In the event that an application for a variance is denied or is approved subject to conditions which are not acceptable to the applicant, or a variance less than requested is granted and is unacceptable to the applicant, the applicant may, within the aforesaid time period, either appeal such decision to a court of competent jurisdiction pursuant to law or abandon the application.
(6)
Effect of approval. The grant of variance relief shall not authorize the establishment or extension of any use or the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any permits and approvals which may be required by the codes and ordinances of the City and other governmental agencies having jurisdiction, including but not limited to a zoning permit, building permit and certificate of occupancy.
(7)
Limitations on approval/expiration.
(a)
Variances from the terms of this chapter granted by the Planning Board attendant to a subdivision or site plan approval permitting the construction or alteration of any building or structure on any premises shall run co-terminus with such subdivision or site plan approval. Accordingly, approvals of such variances are protected as provided for under § 300-36E(2)(e), § 300-36F(2)(h) and (i), and § 300-36G(2)(j) herein.
(b)
Variances from the terms of this chapter granted by the Board of Adjustment pursuant to N.J.S.A. 40:55D-70d shall expire by limitation unless, within one year from the adoption of the decision and resolution of the Board approving such variance(s), the use or construction or alteration permitted by such variance shall have actually commenced and is thereafter diligently pursued to completion.
(c)
Any variance from the terms of this chapter granted by the Board of Adjustment pursuant to N.J.S.A. 40:55D-70c in conjunction with a variance under N.J.S.A. 40:55D-70d shall run co-terminus with such ("d") variance.
(d)
Any variance from the terms of this chapter granted by the Board of Adjustment pursuant to N.J.S.A. 40:55D-70c not attendant to a variance under N.J.S.A. 40:55D-70d shall expire by limitation unless, within two years from the adoption of the decision and resolution of the Board approving such variance(s), the construction or alteration permitted by such variance shall have actually commenced and is thereafter diligently pursued to completion.
(e)
The running of the period(s) of limitation under the foregoing subsections shall be stopped from the date of filing of an appeal from such decision of the Board in accordance with § 300-12P, until such appeal has been finally resolved.
(f)
In addition to the other penalties and remedies for violations of this chapter, it shall be a condition of every variance granted pursuant to this section that such variance may be revoked for violation of any condition imposed upon such variance either by the provisions of this chapter or by the provisions of the decision and resolution granting such variance; provided, however, that no such variance shall be revoked except by resolution of the Planning Board or Zoning Board of Adjustment, as the case may be, adopted following a public hearing, noticed and conducted by the Board in the same manner as provided for the original granting of the variance, whereat the existence of such violation is established.
§ 300-38 Interpretations.
A.
Authority. The Zoning Board of Adjustment may, subject to the procedures, standards and limitations set forth herein, render interpretations of any provision of this chapter or any rule or regulation issued pursuant to it, including interpretations of the various permitted uses detailed in this chapter and the permissibility of any use not expressly detailed in this chapter.
B.
Purpose. The provisions of this section are intended to provide:
(1)
A simple and expeditious method for clarifying ambiguities in the text of this chapter, the Zoning Map which it incorporates and the rules and regulations adopted pursuant hereto; and
(2)
A simple, yet circumscribed, procedure for overcoming inadvertent rigidities and limitations inherent in the promulgation of finite use lists in a world characterized by infinite permutations of essentially similar uses.
C.
Submission and processing of applications.
(1)
All requests for interpretation of any provision of this chapter, the Zoning Map or any rule or regulation adopted pursuant to this chapter shall be made, in writing, to the Zoning Board Secretary, shall be in such form and shall contain such information and documentation as is required by Checklist A and Checklist G, included in § 300-77, and shall be accompanied by a nonrefundable application fee and escrow deposit in accordance with § 300-9. Each such request shall set forth the specific provision or provisions to be interpreted, the facts of the specific situation giving rise to the request for interpretation and the precise interpretation asserted by the applicant to be correct. Before the rendering of any interpretation, the Zoning Board of Adjustment may require such further facts and information as are necessary to a meaningful interpretation of the provision in question.
(2)
The Zoning Board of Adjustment shall act on an application for interpretation within 120 days following determination of a complete application. In so doing, the Board shall state the specific precedent and the reasons and analysis upon which such interpretation is based.
(3)
The failure of the Board of Adjustment to act within 120 days, or within such other time as may be consented to by the applicant, shall be deemed to be a rejection of the applicant's proposed interpretation.
D.
Standards for use interpretations. The following conditions shall govern the Zoning Board of Adjustment in issuing use interpretations:
(1)
No use interpretation shall allow the establishment of any use which was previously considered and rejected by the Planning Board or by the Zoning Board of Adjustment on an application for amendment or on an application for a use variance.
(2)
No use interpretation shall permit a specifically prohibited use to be established in any such district or any more restrictive district.
(3)
No use interpretation shall permit a use listed as a permitted or conditional use in any district to be established in any district in which such use is not so listed.
(4)
No use interpretation shall permit any use in a particular district unless such use is substantially similar to other uses permitted in such district and is more similar to such other uses than to uses permitted or conditionally permitted in a less restrictive district.
E.
Effect of favorable use interpretations. No use interpretation finding a particular use to be permitted or conditionally permitted in a specific district shall authorize the establishment of such use nor the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any permits and approvals which may be required by the codes and ordinances of the City or other governmental agencies having jurisdiction, including but not limited to site plan and/or subdivision approval, zoning permit, building permit and certificate of occupancy.
F.
Limitations on use interpretations/expiration.
(1)
No use interpretation finding a particular use to be permitted or conditionally permitted in a specified district shall be valid for a period longer than one year from the date of issue, unless a building permit is issued and construction actually begun within that period and is thereafter diligently pursued to completion or a certificate of occupancy is obtained and a use commenced within that period.
(2)
A use interpretation finding a particular use to be permitted or conditionally permitted in a specified district shall be deemed to authorize only the particular use at the particular location for which it was issued, and such permit shall not be deemed to authorize any allegedly similar use for which a separate use interpretation has not been issued.
G.
Maintenance of records; annual report.
(1)
The Zoning Board Secretary shall keep a record of each use interpretation rendered and shall include a report of all such interpretations in his/her annual report.
(2)
Such report shall include a recommendation of the Zoning Board regarding any amendments to this chapter for the addition of new uses to reflect the use interpretations given pursuant to this section.
H.
Failure to amend regulations. In any case where, upon the expiration of one year following the receipt of the recommendations of the Zoning Board pursuant to § 300-38G(2), the City Council shall have failed to adopt an ordinance amendment with respect to any use interpretation included in such recommendation:
(1)
No use authorized pursuant to such interpretation, but not yet established or under construction, shall be established.
(2)
Any use authorized and established pursuant to such interpretation shall be permitted to continue, subject to the provisions of § 300-20 regarding nonconformities.
(3)
No similar use interpretation shall be given in the future.
§ 300-39 Appeals.
A.
Authority.
(1)
The Zoning Board of Adjustment shall have authority to hear and decide appeals from any order, decision, requirement or refusal of an Administrative Officer based on or made in the enforcement of this chapter or the Official Map, and to that end it shall have all of the same powers and be subject to all of the same standards and limitations as said Administrative Officer with respect to any order, decision, requirement or refusal being appealed.
(2)
Accordingly, any interested party affected by any order, decision, requirement or refusal of an Administrative Officer based on or made in the enforcement of this chapter or the Official Map may appeal such order, decision, requirement or refusal to the Zoning Board of Adjustment.
B.
Submission and processing of applications.
(1)
Notice of appeal.
(a)
All requests for appeals to the Zoning Board of Adjustment pursuant to this section shall be made, in writing, to the Zoning Officer within 20 days following the order, decision, requirement or refusal being appealed. Such requests shall be in such form and shall contain such information and documentation as is required by Checklist A and Checklist G, included in § 300-77, and shall be accompanied by a nonrefundable application fee and escrow deposit, pursuant to § 300-9. A copy of said notice shall also be filed with the Administrative Officer whose action has prompted the appeal.
(b)
Each such request shall set forth the specific issues to be appealed, the facts of the specific situation giving rise to the appeal and the precise action requested. Before the rendering of any decision, the Zoning Board of Adjustment may require such further facts and information as are necessary to a meaningful determination of the issue.
(c)
The Zoning Officer shall forthwith assemble and transmit to the Zoning Board of Adjustment a copy of the notice of appeal and all papers constituting the record upon which the action appealed from was taken. Where the appeal is based on an order, decision, requirement or refusal from an Administrative Officer other than the Zoning Officer, such individual shall forthwith assemble and transmit to the Zoning Board of Adjustment a copy of all papers constituting the record upon which the action appealed from was taken.
(d)
An appeal to the Zoning Board of Adjustment shall stay all proceedings in furtherance of the action in respect to which the appealed order, decision, requirement or refusal was made, unless the Administrative Officer whose action has prompted the appeal certifies to the Board of Adjustment, after the notice of appeal shall have been filed, that, by reason of facts stated in the certificate, a stay would, in his/her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Zoning Board of Adjustment or by the Superior Court, upon application or notice to such Administrative Officer and on due cause shown.
(2)
Public hearing.
(a)
A public hearing shall be set, noticed and conducted by the Board of Adjustment in accordance with § 300-30.
(b)
The Zoning Board of Adjustment shall act on an application for appeal within 120 days following the filing by the appellant of a notice to appeal, or within such further time as may be consented to by the applicant. Such decision may reverse or affirm, in whole or in part, or may modify the appealed order, decision, requirement or refusal.
(c)
The failure of the Zoning Board of Adjustment to render a decision within the aforesaid 120 days, or such longer period of time as may be agreed to by the appellant, shall constitute a decision favorable to the appellant.
(3)
Right to grant variance. In any case where the notice of appeal is accompanied by an application for variance in accordance with § 300-37, the Zoning Board of Adjustment shall have the authority to grant, as part of the relief, a variance, but only in strict compliance with each provision of such section.
(4)
Effect of conditions and limitations on appeals granted. In any case where this chapter imposes or permits the imposition of conditions and limitations upon any right, any such right granted by the Zoning Board of Adjustment on appeal shall be subject to such conditions and limitations, and the Board shall have the right to impose such conditions and limitations in the same manner and to the same extent as if such right were secured without the necessity of appeal.
§ 300-40 Building permits.
A.
No building or structure in any zoning district in the City shall be erected, enlarged or structurally altered without first receiving a building permit from the Building Subcode Official.
B.
No such permit shall be issued unless the proposed building or structure conforms with the requirements of this chapter.
C.
No such permit shall be issued unless water service and sanitary sewer, adequate to serve the proposed development as specified in all relevant City codes and ordinances, are available.
D.
Individual building permits shall be issued for each lot, regardless of the number of lots subject to construction or the scope of work proposed for any individual lot.
E.
Submission and processing of applications.
(1)
An application for a building permit hall be made, in writing, to the Construction Code Official, shall be in such form and shall contain such information and documentation as is required by such Official, and shall be accompanied by a nonrefundable application fee in accordance with § 119-3 of the City Code.
(2)
No building permit shall be issued for a building to be used for any use in any district where such use requires relief from the Zoning Board of Adjustment unless and until such relief is obtained by the applicant.
(3)
The Construction Code Official may, with the consent of the City Engineer, issue a temporary certificate of occupancy ("TCO") permitting occupancy of the structure, provided that all life and safety requirements have been completed for that portion of the structure receiving a TCO and that only exterior site work remains to complete the project. Such TCO shall include a timetable for the completion of all outstanding items. The Construction Code Official shall be empowered to revoke the TCO should the applicant fail to comply with such timetable.
§ 300-41 Referral to Atlantic County Planning Board.
A.
Notwithstanding any other provision of this chapter, all final actions regarding preliminary or final major site plan and/or subdivision plat approval shall be contingent on a letter of no interest or on an approval from the Atlantic County Planning Board.
B.
All such applications therefor shall be made in accordance with the rules and regulations promulgated by the Atlantic County Planning Board.
C.
All such applications shall include a written request that the County Planning Board acknowledge the date of receipt of such referral, review such application in accordance with the provisions of N.J.S.A. 40:27-6.3 and/or 40:27-6.6, and report the results of such review to the Zoning Officer.
D.
Copies of site plans and/or subdivision plans/plats, suitable for filing with the County Recording Officer and containing all necessary City approvals and signatures, shall be submitted to the county for review prior to recording pursuant to § 300-36E(2)(e) and § 300-36F(2)(h).
§ 300-42 Additional jurisdictions.
In addition to the approvals required by this chapter:
A.
Development of a facility enumerated in N.J.S.A. 13:19-3c in the coastal area described in N.J.S.A. 13:19-4 shall also file an application for the appropriate permit from the New Jersey Department of Environmental Protection.
B.
Applications for development which disturbs 5,000 square feet or more of land surface area shall receive a certification from the Atlantic County Soil Conservation District pursuant to the Soil Erosion and Sediment Control Act (N.J.S.A. 4:24-1 et seq.).
C.
Applications for development which involves the design of a central well water system shall obtain approval from the New Jersey Department of Environmental Protection.
D.
Applications for development which involves a sewerage disposal system shall obtain approval from the Atlantic County Board of Health.
E.
Any and all land use approvals, certifications, permits and/or like and similar authorizations, issued with or without variance relief, granted in accordance with this chapter by the Zoning Officer, Planning Board or Zoning Board of Adjustment, as the case may be, shall be and are expressly conditioned upon receipt of all necessary approvals, certifications, permits and/or like and similar authorizations issued by the County of Atlantic, the State of New Jersey and/or the federal government, or any department of agency thereof.
§ 300-43 Certificates of occupancy, occupancy permits and transfer of ownership permits.
[Amended 10-17-2016 by Ord. No. 18-2016]
A.
Authority.
(1)
The Construction Code Official or a duly authorized delegate shall have authority to issue certificates of occupancy as provided for herein; provided, however, that no such certificate shall be issued except in accordance with the provisions of this section and Chapter 119 (Construction Codes, Uniform) of the Pleasantville City Code.
(2)
The Code Enforcement Officer or a duly authorized delegate shall have authority to issue occupancy permits as provided for herein; provided, however, that no such permit shall be issued except in accordance with the provisions of this section and Chapter 143 (Housing Standards) of the City Code.
B.
Purpose. For the purposes of this chapter, the certificate of occupancy provides a procedure for the inspection of completed premises to ensure their compliance with this chapter and approved plans prior to commencement of the use or occupancy, and the occupancy permit provides a procedure for the ongoing inspection of dwelling units and nonresidential spaces to ensure their continued compliance with this chapter and applicable housing and other codes.
C.
Certificates of occupancy. Unless a certificate of occupancy shall have first been obtained certifying compliance with the provisions of this chapter:
(1)
No structure or addition thereto constructed, reconstructed, remodeled, altered or moved after the effective date of this chapter shall be occupied or used for any purpose.
(2)
No land vacant on the effective date of this chapter shall be used or occupied for any purpose.
(3)
No use or occupancy of any land or structure shall be changed to any other use or occupancy, whether or not construction, reconstruction, remodeling, alteration or moving is involved.
(4)
No home occupation or group family household shall be established.
D.
Inspections.
(1)
No dwelling unit shall be sold, rented, transferred, granted, leased, let, mortgaged with right of occupancy, and the ownership or occupancy thereof shall not be disposed of, in whole or in part, by any owner, agent, agent of an owner, real estate agent or broker, firm, company, partnership, corporation or person, or persons, whether nor not for a consideration and whether such disposal or occupancy is temporary or permanent, unless and until an inspection has been made by the City's Code Enforcement Officer or designee for the purpose of determining whether said dwelling unit is in violation of any of the applicable laws of the City of Pleasantville, the State of New Jersey or the United States of America, or any agency or instrumentality thereof and a certificate of occupancy, temporary certificate of occupancy, occupancy permit, or temporary occupancy permit shall have first been obtained certifying compliance with the provisions of this chapter.
(2)
For the purpose of selling, renting, transferring, granting, leasing, letting, mortgaging, without the right of occupancy and the ownership thereof shall be disposed of in whole or in part by any owner, agent, agent of an owner, real-estate agent or broker, firm, company, partnership, corporation. or person, or persons, whether or not for a consideration and whether such disposal is temporary or permanent unless and until an inspection has been made by the City's Code Enforcement Officer or designee for the purpose of determining whether said dwelling unit is in violation of any of the applicable laws of the City of Pleasantville, the State of New Jersey or the United States of America, or any agency or instrumentality thereof a certificate of occupancy or occupancy permit shall be obtained following the provisions outlined in Subsection E(1) or (2) of this chapter within a six-month time period. Extensions to the six-month time period may be granted for extenuating circumstances at the discretion of the City Code Enforcement Officer or designee.
(3)
All businesses and nonresidential uses shall be inspected by the Zoning Officer, Building Sub-Code Official and the Fire Official, or their designees, for compliance with the Uniform Construction Code, the Uniform Fire Code and this chapter.
E.
Submission and processing of applications.
(1)
Certificate of occupancy.
(a)
Where no zoning permit is required, applications for certificates of occupancy shall be submitted to the City's Construction Code Official in the same form as required for a zoning permit under § 300-34, except to the extent that requirements of said section are expressly waived by the Construction Code Official as not relevant or necessary to determine that all requirements of this chapter have been met in a particular case.
(b)
Where a zoning permit has been issued, application for a certificate of occupancy shall be made by written notification to the Construction Code Official that the structure or premises is ready for use and occupancy.
(c)
In all cases involving any construction, reconstruction, remodeling, alteration or moving of any building or structure, the application shall be accompanied by as-built plans certified by a professional land surveyor, engineer, architect, planner (all of which shall be licensed in their respective fields by the State of New Jersey) or owner-designer, as may be appropriate, to accurately depict the structure or use as constructed and certified to be in conformity in all respects with the provisions of this chapter and the terms and conditions of all approvals granted pursuant to this chapter.
(d)
An application for a certificate of occupancy shall be made, in writing, to the Construction Code Official, shall be in such form and shall contain such information and documentation as is required by the Construction Code Official, and shall be accompanied by a nonrefundable application fee in accordance with § 300-9.
(e)
The Construction Code Official shall act on an application for a certificate of occupancy within 30 days following receipt of a completed application therefore by causing the subject structure or premises to be inspected and taking one of the following actions based on such inspection:
[1]
If all work has been completed and the structure or premises is certified by the inspecting officer to be in full and complete compliance with all the applicable provisions of this chapter and other relevant codes and ordinances of the City and with the applicant's plans, as approved, and with the terms and conditions of any special approval issued with respect to such structure, premises or use, the Construction Code Official shall issue a certificate of occupancy.
[2]
If all work has not been completed and the structure or premises is not certified by the inspecting officer to be in full and complete compliance with all the applicable provisions of this chapter and other relevant codes and ordinances of the City and with the applicant's plans, as approved, and with the terms and conditions of any special approval issued with respect to such structure, premises or use, the Construction Code Official shall inform the applicant, in writing, of the specific reasons why such certificate cannot be issued, citing the particular provisions of the codes and ordinances of the City, the particular items in the applicant's plans or the applicable special approval terms and conditions with respect to which compliance is lacking. The applicant shall thereafter correct any deficiencies and resubmit the request for the certificate of occupancy.
(2)
Occupancy permits.
(a)
Applications for occupancy permits shall be made, in writing, to the City's Code Enforcement Officer in such form and under such procedures as may be established by the Code Enforcement Officer for this purpose, and shall be accompanied by a nonrefundable application fee in accordance with § 300-9.
(b)
Where no zoning permit is required, applications for occupancy permits shall be submitted directly to the City's Code Enforcement Officer.
(c)
Where a zoning permit is required, such permit must be obtained before application for an occupancy permit may be granted.
(d)
The Code Enforcement Officer shall act on an application for a residential occupancy permit within 10 days following receipt of a completed application therefor by causing the subject structure or premises to be inspected and taking one of the following actions based on such inspection:
[1]
If no such violation is found, the Code Enforcement Officer, or designee, shall issue an occupancy permit so indicating.
[2]
If a violation is found, the Code Enforcement Officer shall inform the applicant, in writing, of the specific reasons why such permit cannot be issued, citing the particular provisions of the codes and ordinances of the City and the specific violations found. The applicant shall thereafter correct any deficiencies and resubmit a request for a certificate of occupancy or occupancy permit as directed by the Code Enforcement Officer or designee.
(e)
Inspections for businesses and nonresidential occupancy permits shall be made not less than once annually.
(3)
Transfer of ownership permit.
(a)
Applications for transfer of ownership permits shall be made, in writing, to the City's Code Enforcement Officer in such form and under such procedures as may be established by the Code Enforcement Officer for this purpose, and shall be accompanied by a nonrefundable application fee in accordance with § 300-9.
(b)
The Code Enforcement Officer shall act on an application for a transfer of ownership permit within 10 days following receipt of a completed application therefor causing the subject structure or premises to be inspected and taking one of the following actions based on such inspection:
[1]
If no such violation is found, the Code Enforcement Officer, or designee, shall issue a transfer of ownership permit so indicating.
F.
Contents.
(1)
Certificate of occupancy. In addition to the matters specified in Chapter 119 (Construction Codes, Uniform) of the Pleasantville City Code, each certificate of occupancy issued pursuant to this section shall state any conditions imposed by any special approval granted pursuant to this chapter.
(2)
Occupancy permit.
(a)
All applications for occupancy permits for rental dwelling units shall include:
[1]
The address of the premises;
[2]
The name, address and contact telephone number of the owner of the premises. If the owner of said premises is a corporation or entity other than an individual, such statement shall be made under oath by the president or secretary of said corporation or by a principal of such entity;
[3]
The name, address and contact telephone number of the superintendent or the agent in charge of the premises;
[4]
The number of dwelling units therein;
[5]
A description, by number or letter, of each dwelling unit therein; and
[6]
The name of the tenant located within each such described dwelling unit on the date the statement was prepared.
(b)
At the time of inspection of each dwelling unit prior to the issuance of an occupancy permit, the Code Enforcement Officer or designee shall post in a conspicuous place in such premises a notice stating the number of persons which shall be permitted to occupy each such dwelling unit as a resident.
[1]
In no event shall residency in any such dwelling unit exceed such posted number, whether by the landlord or the tenant.
[2]
For the purposes of determining residency, any person who sleeps upon the premises or generally dwells therein for more than two successive days or nights shall be considered to be residing therein.
(3)
Transfer of ownership permit.
(a)
All applications for transfer of ownership permits for all dwelling units and properties shall include:
[1]
A signed and notarized statement by the new proposed owner of the property attesting that they are responsible for abating outstanding code violations identified in the inspection made by the City's Code Enforcement Officer or designee as in response to the transfer of ownership application. All outstanding violations must be corrected by the due date on the transfer of ownership permit. Failure to correct identified and outstanding property maintenance violations by due date will result in the issuance of a court summons. Penalties include fines, community service or imprisonment as defined in § 300-8, Enforcement; violations and penalties, of Chapter 300, Land Management.
[2]
The address of the premises.
[3]
The name, address and contact telephone number of the owner of the premises. If the owner of said premises is a corporation or entity other than an individual, such statement shall be made under oath by the president or secretary of said corporation or by a principal of such entity.
[4]
The name, address and contact telephone number of the superintendent or the agent in charge of the premises.
[5]
The number of dwelling units therein.
[6]
The name, address and contact telephone number of the proposed new owner of the premises. If the proposed new owner of said premises is a corporation or entity other than an individual, such statement shall be made under oath by the president or secretary of said corporation or by a principal of such entity.
[7]
Dwelling units upon inspection that have been found to have City of Pleasantville property maintenance violations shall include language on the transfer of ownership permit stating and confirming that the new owner or entity that the property is being transferred to; agrees that: the transfer of ownership permit is being issued for the exclusive and sole purpose of changing ownership. Upon inspection, this unit and/or property has been found to have City of Pleasantville Property Maintenance Code violations. The new proposed owner of the property is responsible for abating outstanding code violations. All outstanding violations must be corrected by the due date on the permit. Failure to correct identified and outstanding property maintenance violations by due date will result in the issuance of a court summons. Penalties include fines, community service or imprisonment as defined in § 300-8, Enforcement; violations and penalties, of Chapter 300, Land Management.
G.
Temporary certificate of occupancy and temporary occupancy permits.
(1)
Notwithstanding the provisions of § 300-43E(1)(c), where construction, reconstruction, remodeling or alteration of a structure does not require the vacating of the structure or where parts of the structure are finished and ready for occupancy before the completion of such construction, reconstruction, remodeling or alteration and are certified, upon inspection, to be safe for use or occupancy and to be in full compliance with all applicable provisions of this chapter, other relevant codes and ordinances of the City, the applicant's plans, as approved, and the terms and conditions of any special approvals issued with respect to such structure, premises or use, a temporary certificate of occupancy may be issued for a period not to exceed six months from its date, which temporary certificate of occupancy shall bear on its face, in bold, capital letters, a statement of its temporary nature.
(2)
In the case of any occupancy permit to be issued for a dwelling unit, found upon inspection safe for use or occupancy, deemed to be fit for human habitation, and where conditions exist therein which are not inherently dangerous to the health or safety of the unit's occupants or of the residents of the City, a temporary occupancy permit may be issued for a period not to exceed three months from its date, which the temporary occupancy permit shall bear on its face, in bold, capital letters, a statement of its temporary nature.
H.
Filing of certificates of occupancy and occupancy permits. Duplicate copies of all Certificates of occupancy and occupancy permits, numbered consecutively, shall be kept on file in the office of the Construction Code Official or Code Enforcement Officer, as the case may be, together with such portions of the applications therefor as such official may consider necessary to the proper administration of his duties as a public record, open to inspection by interested parties at reasonable times and upon reasonable notice.
I.
Cooperation between offices.
(1)
The Construction Code Official and Code Enforcement Officer shall, on a daily basis, forward copies of all newly filed applications for certificates of occupancy and occupancy permits to the Zoning Officer. Should the Zoning Officer, upon review of any such application, observe any problem, deficiency or special circumstances arising out of or relating to the provisions of this chapter or any special approval issued pursuant to it which requires attention prior to the issuance of a certificate of occupancy or occupancy permit, he shall immediately notify the Construction Code Official or Code Enforcement Officer thereof.
(2)
Should, during the course of the processing of any such application by the Construction Code Official or Code Enforcement Officer, any question arise concerning the full and complete compliance of the structure, premises or use with the provisions of this chapter or any approval issued pursuant to it, the officer shall promptly refer such question to the Zoning Officer for his review and determination. Upon taking any final action upon any application for a certificate of occupancy or occupancy permit, the Construction Code Official or Code Enforcement Officer shall immediately inform the Zoning Officer thereof.