A.
Establishment of Planning Board.
(1)
Membership. The City of Margate Planning Board shall
consist of nine members of the following four classes:
[Amended 12-1-2011 by Ord. No. 23-2011]
(a)
Class I: the Mayor or Mayor's designee.
(b)
Class II: one of the officials of the City,
other than a member of the City Commissioners, to be appointed by
the Mayor.
(c)
Class III: a member of the City Commissioners
to be appointed by the City Commissioners.
(d)
Class IV: six other citizens of the City to
be appointed by the Mayor. The members of Class IV shall hold no other
municipal office, position or employment except that one member may
be a member of the Board of Adjustment. Not more than one Class IV
member may be a member of the Board of Education. For the purpose
of this section, membership on a City board or commission whose function
is advisory in nature, the establishment of which is discretionary
and not required by statute, shall not be considered the holding of
City office.
(e)
Alternate members. Four alternate members shall
be appointed and shall meet the qualifications of Class IV members.
Alternate members shall be appointed for a term of two years and at
the time of their appointments shall be designated Alternate No. 1,
Alternate No. 2, Alternate No. 3 and Alternate No. 4, respectively.
Alternate members may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member. A vote shall not be delayed in order that a regular member
may vote instead of an alternate member. In the event that a choice
must be made as to which alternate member is to vote, Alternate No.
1 shall vote.
(2)
Terms. The term of the Class I member shall correspond
to his or her official tenure as Mayor. The terms of the members composing
Class II and Class III shall be for one year or terminate at the completion
of their respective terms of office, whichever occurs first. The term
of a Class IV member who is also a member of the Board of Adjustment
or Board of Education shall terminate whenever he or she is no longer
a member of such other body or at the completion of his or her Class
IV term, whichever occurs first. The term of all other Class IV members
shall be four years. If a vacancy in any class shall occur otherwise
than by expiration of the Planning Board term, it shall be filled
by appointment, as above provided, for the unexpired term.
(3)
Substitute members when conflict exists. If the Planning
Board lacks a quorum because any of its members are prohibited by
this chapter below from acting on a matter due to the member's personal
or financial interest, regular members of the Board of Adjustment
shall be called upon to serve, for that matter only, as temporary
members of the Planning Board in order of seniority of continuous
service to the Board of Adjustment until there are the minimum number
of members necessary to constitute a quorum to act upon the matter
without any personal or financial interest. If a choice has to be
made between regular members of equal seniority, the Chairperson of
the Board of Adjustment shall make the choice.
(4)
Organization. The Planning Board shall organize annually
by selecting from among its Class IV members a Chairperson and a Vice
Chairperson. The Board shall also select a Secretary who may or may
not be a member of the Board or a municipal employee, and create and
fill such other offices as established by ordinance.
[Amended 10-4-2018 by Ord. No. 24-2018]
(5)
Legal counsel and other professional staff. The Planning
Board may annually appoint an attorney at law of New Jersey other
than the City Solicitor as Planning Board Solicitor and may fix his
or her compensation or rate of compensation not exceeding the amount
appropriated. The Planning Board may also employ or contract for and
fix the compensation of such experts and other staff and services
as it may deem necessary. The Board, however, shall not authorize
expenditures which exceed, exclusive of gifts or grants, the amount
appropriated by the City Commissioners for its use.
[Amended 10-4-2018 by Ord. No. 24-2018]
(6)
Conflict of interest. No member of the Planning Board
shall be permitted to act on any matter in which he has any personal
or financial interest, either directly or indirectly.
(7)
Removal. Any member other than a Class I member, after
a public hearing, if requested, may be removed by the City Commissioners
for cause.
B.
Powers and jurisdiction of Planning Board.
(1)
Mandatory powers. The Planning Board shall exercise
its powers in accordance with the Municipal Land Use Law in regard
to:
(a)
The City Master Plan, pursuant to N.J.S.A. 40:55D-28.
(b)
Subdivision and site plan review, pursuant to
this chapter.
(c)
Any official map adopted by the City Commissioners,
pursuant to N.J.S.A. 40:55D-32 et seq.
(d)
The Zoning Ordinance including conditional uses,
pursuant to this chapter.
(e)
Any capital improvements programs, pursuant
to N.J.S.A. 40:55D-29 et seq.
(f)
Variances and certain building permits in conjunction
with subdivision, site plan and conditional use approval, pursuant
to the Board's ancillary powers.
(g)
The City of Margate City hereby exercises the option provided by
N.J.S.A 40:55D-25c. The Planning Board shall exercise, to the same
extent and subject to the same restrictions, all the powers and duties
of a Board of Adjustment; where the Class I and Class III members
shall not participate in the consideration of applications for development
which involve relief pursuant to N.J.S.A.40:55D-70(d).
[Added 12-1-2011 by Ord. No. 23-2011]
(h)
Whenever relief is requested pursuant to this subsection, notice
of a hearing on the application shall include reference to the request
for variance or direction for issuance of a permit, as the case may
be.
[Added 12-1-2011 by Ord. No. 23-2011]
(2)
Other powers. The Planning Board may:
(a)
Participate in the preparation and review of
programs or plans required by state or federal law or regulation.
(b)
Assemble data on a continuing basis as part
of a continuous planning process.
(c)
Perform such other advisory duties as are assigned
to it by ordinance or resolution of the City Commissioners.
C.
Ancillary powers of the Planning Board.
(1)
Planning Board review in lieu of Board of Adjustment.
Whenever the proposed development requires approval of a subdivision,
site plan or conditional use, but not a use variance, the Planning
Board shall have the power to grant, to the same extent and subject
to the same restrictions as the Board of Adjustment:
(a)
Bulk and dimensional variances, pursuant to
this chapter.
(b)
Direction, pursuant to N.J.S.A. 40:55D-34, for
issuance of a permit for a building or structure in the bed of a mapped
street or public drainageway, flood control basin or public area reserved
pursuant to N.J.S.A. 40:55D-32.
(c)
Direction, pursuant to N.J.S.A. 40:55D-36, for
issuance of a permit for a building or structure not related to a
street.
(2)
Notice of variance and other relief required. Whenever
relief is requested pursuant to this section, notice of the hearing
on the application for development shall include reference to the
request for variances or direction for issuance of a permit, as the
case may be.
(3)
Applicant's right to bifurcate application. The applicant
may elect to submit a separate application requesting approval of
the variance or direction of the issuance of a permit and a subsequent
application for any required approval of a subdivision, site plan
or conditional use. The same Board must hear both applications. The
separate approval of the variance or direction of the issuance of
a permit shall be conditioned upon the grant of all required subsequent
approvals by the Planning Board. No such subsequent approval shall
be granted unless the approval can be granted without substantial
detriment to the public good and without substantial impairment of
the intent and purpose of the zone plan and Zoning Ordinance.
(4)
Time periods for action on applications seeking variance or other relief under this section. Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to Subsection C(1) above, the Planning Board shall grant or deny approval of the application within 120 days after submission by an applicant of a complete application to the Planning Board or within such further time as may be consented to by the applicant. In the event that the applicant elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance(s) or direction for issuance of a permit. The period for granting or denying any subsequent approval shall be as otherwise provided in this chapter. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the Planning Board Administrator as to the failure of the Planning Board to act shall be issued on request of the applicant. It shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
(5)
County approval. Whenever review or approval of the
application by the County Planning Board is required by N.J.S.A. 40:27-6.3,
in the case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of
a site plan, the Planning Board shall condition any approval that
it grants upon timely receipt of a favorable report on the application
by the County Planning Board or approval by the County Planning Board
by its failure to report thereon within the required time period.
D.
Referral powers of the Planning Board. Prior to the
adoption of a development regulation, revision or amendment thereto,
the Planning Board shall make and transmit to the City Commissioners,
within 35 days after referral, a report including identification of
any provisions in the proposed development regulation, revision or
amendment which are inconsistent with the Master Plan and recommendations
concerning these inconsistencies and any other matters as the Board
deems appropriate. The City Commissioners, when considering the adoption
of a development regulation, revision or amendment thereto, shall
review the report of the Planning Board and may disapprove or change
any recommendation by a vote of a majority of its full authorized
membership and shall record in its minutes the reasons for not following
such recommendations. Failure of the Planning Board to transmit its
report within the thirty-five-day period provided herein shall relieve
the City Commissioners from the requirements of this subsection in
regard to the proposed development regulation, revision or amendment
referred to the Planning Board. Nothing in this section shall be construed
as diminishing the application of the provisions of N.J.S.A. 40:55D-32
to any official map or an amendment or revision thereto or of N.J.S.A.
40:55D-62 to any zoning ordinance or any amendment or revision thereto.
[Amended 12-1-2011 by Ord. No. 23-2011]
A.
The City
of Margate City hereby exercises the option provided by N.J.S.A.40:55D-25c,
and, accordingly, the City of Margate City Zoning Board of Adjustment
is terminated and is no longer a municipal agency.
B.
For purposes
of implementing the exercise of said option, the term “Planning
Board” shall be substituted for the term “Zoning Board
of Adjustment” or equivalent in each and every instance Zoning
Board of Adjustment or equivalent appears in any City of Margate City
ordinance, resolution, or regulation.
C.
Where the
substitution of Planning Board for Zoning Board of Adjustment or equivalent
results in an apparent duplication, redundancy, or conflict in any
ordinance, resolution or regulation, the same shall be liberally construed
and interpreted to implement the option provided by N.J.S.A.40:55D-25c
whereby the Planning Board replaces and performs all functions of
the Zoning Board of Adjustment.
[Amended 12-1-2011 by Ord. No. 23-2011]
A.
Meetings.
(1)
Meeting schedule. Meetings of the Planning Board shall
be scheduled no less often than once a month and shall be held as
scheduled unless cancelled for lack of pending applications. The Board
may, in its discretion, eliminate one meeting during the summer months.
(2)
Special meetings. The PBA shall, in consultation with
the Zoning Officer, Chairperson and Board Solicitor determine whether
special meetings should be held. Board members shall be given at least
72 hours' advance telephone notice of a special meeting. The public
shall be given notice of such meeting in accordance with the Open
Public Meetings Act and, if applicable, MLUL requirements.
[Amended 12-3-2009 by Ord. No. 32-2009]
(3)
Quorum. No action shall be taken at any meeting without
a quorum being present.
(4)
Voting requirements. All action shall be taken by
majority vote of the members of the Board present at the meeting except
as otherwise required by the provisions of N.J.S.A. 40:55D-34 and/or
40:55D-70d. Failure of a motion to receive the number of votes required
to approve an application for development shall be deemed an action
denying the application. A member of the Board who was absent for
one or more of the meetings at which a hearing was held shall be eligible
to vote on a matter upon which the hearing was conducted, notwithstanding
the absence from one or more of the meetings; provided, however, that
a transcript or recording of all of the hearing from which he/she
was absent exists and provided, further, that such Board member certifies
in writing to the Board that he/she has read such transcript or listened
to such recording.
(5)
Meetings open to public. All regular meetings and
all special meetings shall be open to the public. Notice of all such
meetings shall be given in accordance with the requirements of the
Open Public Meetings Act.
(6)
Minutes. Minutes of every regular or special meeting
shall be kept and shall include the names of the persons appearing
and addressing the Board and of the persons appearing by attorney,
the action taken by the Board, the findings, if any, made by it and
reasons therefor. The minutes shall thereafter be made available for
public inspection during normal business hours at the office of the
Board Administrator. Any interested party shall have the right to
compel production of the minutes for use as evidence in any legal
proceedings concerning the subject matter of such minutes. Such interested
party may be charged a reasonable fee for reproduction of the minutes
for his or her use. Such fees may be established by rule by the Board.
(7)
Minutes of closed meetings. At least once a year,
the Board shall review the minutes of all closed meetings held in
conformance with the Open Public Meetings Act to determine whether
the minutes may be made public.
B.
Public hearings.
(1)
Requirement for hearing. The Planning Board shall
hold a hearing on each application for development or on the adoption,
revision or amendment of the Master Plan. The Board shall make rules
governing such hearings.
(2)
Maps to be available for public inspection. Any maps
and documents for which approval is sought at a hearing shall be on
file and available for public inspection at least 22 days before the
date of the hearing during normal business hours in the office of
the Board Administrator. The applicant may produce other documents,
records or testimony at the hearing to substantiate, clarify or supplement
the previously filed maps and documents. At the time of the filing
of the application, the applicant shall additionally provide the completed
application, including, but not limited to, the application form,
all plans and all other papers, in a digital format on a thumb drive
or flash drive in adobe .pdf format or equivalent.
[Amended 9-24-2006 by Ord. No. 2006-26; 7-21-2022 by Ord. No. 11-2022]
(3)
Payment of taxes. Every application for development
submitted to the Planning Board shall be accompanied by proof that
no taxes or assessments for local improvements including water and
sewer are due or delinquent on the property which is the subject of
such application, or, if it is shown that taxes or assessments are
delinquent on said property, any approvals or other relief granted
by the Board shall be conditioned upon either the prompt payment of
such taxes or assessments or the making of adequate provision for
the payment thereof in such manner that the City will be adequately
protected.
(4)
Oaths and subpoenas. The officer presiding at the
hearings or such person as he/she may designate shall have 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, and the provisions of the County and Municipality
Investigations Law, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-l et seq.),
shall apply.
(5)
Testimony and cross-examination. The testimony of
all witnesses relating to an application for development shall be
taken under oath or affirmation by the presiding officer or solicitor
for the Board, and the right of cross-examination shall be permitted
to all interested parties through their solicitors, if represented,
or directly, if not represented, subject to the discretion of the
presiding officer and to reasonable limitations as to time and number
of witnesses.
(6)
Evidence. Technical rules of evidence shall not be
applicable to the hearing, but the Board may exclude irrelevant, immaterial
or unduly repetitious evidence.
(7)
Record of proceedings. The Board shall provide for
the verbatim recording of the proceedings by either a stenographer
or mechanical or electronic means. The Board shall furnish a transcript,
or duplicate recording in lieu thereof, on request to any interested
party at his expense. Fees for such expenses shall be established
by rules of the Board.
(8)
Decisions:
(a)
Resolutions. The Board shall include findings
of fact and conclusions based thereon in each decision on any application
for development and shall reduce the decision to writing. The Board
shall provide the findings and conclusions through:
[1]
A resolution adopted at a meeting held within
the time period provided in the MLUL for action by the Board on the
application for development; or
[2]
A memorializing resolution adopted at a meeting
held not later than 45 days after the date of the meeting at which
the Board voted to grant or deny approval. Only the members of the
Board who voted for the action taken may vote on the memorializing
resolution, and the vote of a majority of such members present at
the meeting at which the resolution is presented for adoption shall
be sufficient to adopt the resolution. An action pursuant to N.J.S.A.
40:55D-9, resulting from the failure of a motion to approve an application,
shall be memorialized by resolution as provided above, with those
members voting against the motion for approval being the members eligible
to vote on the memorializing resolution. The vote on any such resolution
shall be deemed to be a memorialization of the action of the Board
and not to be an action of the Board; however, the date of the adoption
of the resolution shall constitute the date of the decision for purposes
of the mailings, filings and publications required under this subsection.
If the Board fails to adopt a resolution or memorializing resolution,
any interested party may apply to the Superior Court in a summary
manner for an order compelling the Board to reduce its findings and
conclusions to writing within a stated time, and the cost of the application,
including attorney's fees, shall be assessed against the municipality.
(b)
Copies of decision. A copy of the decision shall
be mailed by the Board within 10 days of the date of decision to the
applicant or, if represented, then to his or her solicitor, without
separate charge, and to all who request a copy of the decision, for
a reasonable fee. A copy of the decision shall also be filed by the
Board in the office of the Board Administrator. The Board Administrator
shall make a copy of such filed decision available to any interested
party for a reasonable fee and available for public inspection at
his or her office during reasonable hours.
(c)
Publication of notice of decision. A brief notice
of the decision shall be published in the official newspaper of the
municipality. Such publication shall be arranged at the applicant's
expense by the Secretary of the Board, provided that nothing contained
in this chapter shall be construed as preventing the applicant from
arranging such publication if he or she so desires. The period of
time in which an appeal of the decision may be made shall run from
the first publication of the decision, whether arranged by the Board
or the applicant.
C.
Notice of applications.
(1)
Applications requiring notice. Public notice of a
hearing on an application for development shall be given.
(2)
Manner of giving notice. Notice of a hearing requiring
public notice shall be given by the applicant at least 10 days prior
to the date of the hearing in the following manner:
(a)
To the general public, by publication in the
official newspaper of the City.
(b)
To all owners of real property as shown on the
current tax duplicate, located in the state and within 200 feet in
all directions of the property which is the subject of such hearing,
provided that this requirement shall be deemed satisfied by notice
to the condominium association, in the case of any unit owner whose
unit has a unit above or below it, or horizontal property regime,
in the case of any co-owner whose apartment has an apartment above
or below it. Notice shall be given by serving a copy thereof on the
property owner as shown on said current tax duplicate or his or her
agent in charge of the property or mailing a copy thereof by certified
mail to the property owner at his or her address as shown on said
current tax duplicate. Notice to a partnership owner may be made by
service upon any partner. 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. Notice to a condominium association, horizontal
property regime, community trust or homeowners' association, because
of its ownership of common elements or areas located within 200 feet
of the property which is the subject of the hearing, may be made in
the same manner as to a corporation without further notice to unit
owners, co-owners or homeowners on account of such common elements
or areas.
(c)
To the clerk of any adjoining municipality when
the property involved is located within 200 feet of said adjoining
municipality. Notice shall be given by personal service or certified
mail.
(d)
To the County Planning Board when the application
for development involves property adjacent to an existing county road
or proposed road, as shown on the County Official Map or the County
Master Plan, adjoining other county land or situated within 200 feet
of a municipal boundary. Notice shall be given by personal service
or certified mail.
(e)
To the Commissioner of Transportation of the
State of New Jersey when the property is adjacent to a state highway.
Notice shall be given by personal service or certified mail.
(f)
To the State Planning Commission when the hearing
involves an application for the development of property which exceeds
150 acres or 500 dwelling units; in which case the notice shall include
a copy of any maps or documents required to be on file with the Board
Administrator pursuant to this chapter. Notice shall be given by personal
service or certified mail.
(g)
On applications for approval of a major subdivision
or a site plan not defined as a minor site plan, to all public utilities,
cable television companies or local utilities which possess a right-of-way
or easement within the City and which have registered with the City
in accordance with N.J.S.A. 40:55D-12.1 by: 1) serving a copy of the
notice on the person whose name appears on the registration form on
behalf of the public utility, cable television company or local utility;
or 2) mailing a copy thereof by certified mail to the person whose
name appears on the registration form at the address shown on that
form.
(3)
List of owners and others. Upon the written request
of an applicant, the City Tax Assessor shall, within seven days, make
and certify a list from current tax duplicates of names and address
of owners within the City to whom the applicant is required to give
notice pursuant to this chapter and the names, addresses and positions
of those persons who, not less seven days prior to the date on which
the applicant requested the list, have registered to receive notice
pursuant to this chapter. Failure to give notice to any owner, public
utility, cable television or local utility not on the list obtained
in such manner shall not invalidate any hearing or proceeding. A sum,
not to exceed $0.25 per name or $10 per lot, whichever is greater,
shall be charged for such list.
(4)
The applicant shall file an affidavit of proof of
service and affidavit of publication with the Board holding the hearing,
at least five days prior to the first scheduled hearing. In addition,
the applicant shall submit the original white slips bearing the postmark
from the post office from where notices were mailed. The list of property
owners relied upon by an applicant shall not be more than 60 days
old, from the date of mailing.
(5)
Contents of notice. The notice shall state the date,
time and place of the hearing, the nature of the matters to be considered
and an identification of the property proposed for development 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 for inspection pursuant to this chapter.
(6)
Effect of mailing. Any notice made by certified mail
pursuant to this chapter shall be deemed complete upon mailing.
D.
Registration by public utilities, cable television
companies and local utilities.
(1)
Right to register. Every public utility, cable television
company and local utility which holds a right-of-way or easement in
the City and which is interested in receiving notice pursuant to this
chapter may register with the Administrative Officer to receive such
notice. The registration shall remain in effect until revoked by the
public utility, cable television company, or local utility or by its
successor in interest.
(2)
Registration fee. A registration fee of $20 is required
for any public utility, cable television company or local utility
which registers to receive notice pursuant to this section.
E.
Conditional approval.
(1)
In the event that an applicant submits an application
proposing a development that is barred or prevented, directly or indirectly,
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 and welfare,
the Board shall process such application in accordance with this chapter,
and if such application complies with all City regulations, the Board
shall approve such application conditioned on removal of such legal
barrier to development.
(2)
In the event that development proposed by an application
requires an approval by a governmental agency other than the Board,
the Board shall, in appropriate instances, condition its approval
upon the subsequent approval of such governmental agency. The Board
shall make a decision on any application within the time period provided
in this chapter or within an extension of such period as has been
agreed to by the applicant, unless the Board is prevented or relieved
from so acting by the operation of law.
F.
Tolling of running of approval period. In the event
that, during the period of approval heretofore or hereafter granted
to an application, the developer is barred or prevented, directly
or indirectly, from proceeding with the development otherwise permitted
under such approval by a legal action instituted by any state agency,
political subdivision or other party, 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, and the developer is otherwise
ready, willing and able to proceed with said development, 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.
G.
Time extensions. The Board and an applicant may mutually
agree to extend the time limit specified for action. Such extension
shall be made in writing or verbally at a public meeting of the Board.
H.
Expiration of variance. Any variance from the terms
of this chapter hereafter granted by the Board, permitting the erection
or alteration of any structure or permitting a specified use of any
premises, shall expire by limitation unless such construction or alteration
shall have been actually commenced on each and every structure permitted
by said variance, or unless such specified use has actually been commenced,
within two years from the date of publication of the notice of the
decision of the Board granting the variance or unless specifically
approved for a longer period of time as permitted by statute; except,
however, that the running of the period of limitation herein provided
shall be tolled from the date of filing an appeal from the decision
of the Board to a court of competent jurisdiction until the termination
in any manner of such appeal or proceeding.
I.
Application by corporation or partnership.
(1)
Disclosure by corporate or partnership applicant.
A corporation or partnership applying to the Planning Board for permission
to subdivide a parcel of land into six or more lots, or applying for
a variance to construct a multiple dwelling of 25 or more dwelling
units, or for approval of a site to be used for commercial purposes
shall list the names and addresses of all stockholders or individual
partners owning at least 10% of its stock of any class or at least
10% of the interest in the partnership, as the case may be.
(2)
Disclosure by corporation or partnership owning 10%
or more of applicant. If a corporation or partnership owns 10% or
more of the stock of a corporation or interest of 10% or greater in
a partnership, either of which is subject to disclosure pursuant to
the above paragraph, that corporation or partnership shall list the
names and addresses of its stockholders holding 10% or more of its
stock or interest of 10% or greater in the partnership, as the case
may be; and this requirement shall be followed by every corporate
stockholder or partner in said partnership until the names and addresses
of the noncorporate stockholders and individual partners exceeding
the 10% ownership criterion set forth in this section have been listed.
(3)
No approval if disclosure requirements not met. The
Board shall not approve the application of any corporation or partnership
which does not comply with this section.
(4)
Penalties. Any corporation or partnership which conceals
the names of the stockholders owning 10% or more of its stock or of
the individual partners owning an interest of 10% or greater in the
partnership, as the case may be, shall be subject to a fine of $1,000
to $10,000, which shall be recovered in the name of the City of Margate
in any court of record in the state in a summary manner pursuant to
the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et seq.).
[1]
Editor's Note: Former § 175-6, Land Use Administrator,
was repealed 12-3-2009 by Ord. No. 32-2009.
[Amended 12-3-2009 by Ord. No. 32-2009; 6-17-2010 by Ord. No.
19-2010]
A.
It shall
be the duty of the Zoning Officer to administer and enforce the zoning
provisions of this chapter. No building permits shall be issued unless
an approved zoning permit accompanies the plans. No zoning permit
shall be issued unless the proposed structure, use, temporary activity
or construction activities are in compliance with this chapter. In
cases involving the new use of an existing structure, a certificate
of occupancy for the new tenant shall not be issued until a zoning
permit has been issued.
B.
The Zoning
Officer may assist in the promulgation of zoning regulations. The
Zoning Officer shall prepare and supervise the preparation of reports
for the Planning Board and Zoning Board.
C.
The Zoning
Officer shall prepare clear, sound, accurate and informative reports
containing findings, conclusions and recommendations as shall be necessary
or convenient to the processing of any application filed with the
Planning or Zoning Board.
D.
The Zoning
Officer shall be the Chairman of an administrative body called the
"Staff Committee." The Staff Committee shall consist of the Zoning
Officer, the Planning Board Administrator, the Construction Code Official
and the City Clerk.[1] The Staff Committee shall be responsible for routing Planning
Board actions, including recommending, where applicable, the classification
of subdivision or site plans as major or minor and developing the
administrative procedures, including forms for processing applications
for development.
E.
[2]The Zoning Officer shall perform such other duties as may
be assigned to him by this chapter, by the rules of the Board and
by the City.
[2]
Editor’s Note: Former Subsection E, regarding the Bayfront Special District Commission, and former Subsection F, regarding the Design Review Committee, were deleted at the request of the City pursuant to Ord. No. 16-2012, which repealed said Commission and Committee, and former Subsection G was renumbered as Subsection E.
[Amended 12-3-2009 by Ord. No. 32-2009; 12-1-2011 by Ord. No.
23-2011]
A.
Creation. There is hereby created the position of
Planning Board Administrator.
B.
Appointment; qualifications; compensation. The Planning
Board Administrator shall be appointed by the Board of Commissioners
and by the Planning Board and shall have organizational and administrative
skills commensurate with his duties. He shall be compensated in the
amount of funds appropriated for the position by the City Commissioners.
C.
Duties. The Planning Board Administrator (PBA) shall
have the following duties regarding the functions and operation of
the Planning Board of the City of Margate City:
(1)
The PBA shall, in consultation with the Zoning Officer,
Board Chairperson and Board Solicitor, have authority to arrange for
and call special Board meetings when agendas for regular meetings
become too lengthy, when in compliance with dictates of judicial acts,
when quorums for regular meetings cannot be satisfied in the carrying
out of Board business, when necessary to avoid the lapsing of legal
limitations on applications and for other reasons of urgency or proper
businesslike functioning of the Board.
(2)
The PBA shall determine the completeness of applications
to the Planning Board.
(3)
The PBA shall arrange the order of business for Planning
Board meetings in consideration of any factors that would expedite
the meetings and convenience the Board members and general public.
(4)
The PBA shall be a full member of the Staff Committee
of the City of Margate City and shall attend the Staff Committee's
twice-monthly review meetings and participate in all deliberations.
(5)
All rules and regulations and forms issued by the
Zoning Officer shall be kept on file in the office of the PBA and
shall be public records of the City open to inspection by interested
parties at reasonable times and upon reasonable notice. Copies thereof
shall be available for sale in the office of the PBA at a fee established
by the City.
(6)
The PBA shall calculate all fees for applications
and escrows related to actions by the Zoning Officer, Staff Committee,
Planning Board and Zoning Board, collect said fees and transfer same
to the City Clerk.
(7)
The PBA shall serve as Staff Secretary to the Planning
Board and shall in that capacity:
(a)
Attend the meetings and hearings of the Board.
(b)
Inform the Board of all facts and information
at his disposal with respect to any matter brought before the Board.
(c)
Keep minutes of every meeting, including the
names of persons appearing and addressing the Board and of the persons
appearing by attorney, the action taken by the Board and the findings,
if any, made by it.
(d)
Give notice, 30 days prior to the expiration
of the term of any member of such body, of the date on which the term
of such member will expire, to such member, to the City Commissioners
and to the Mayor.
(e)
Submit quarterly Board member attendance reports
to the Zoning Officer, Board Chairpersons and City Commissioners.
(f)
Perform such other duties as may be assigned
to him by this chapter and by the rules of the Board.
(8)
The PBA shall receive all applications required to
be filed pursuant to this chapter and such other applications as the
ordinances of the City may from time to time require to be filed in
their offices.
A.
Construction Code Official.
(1)
All provisions of this chapter shall be enforced by
the Construction Code Official of Margate City.
(2)
In no case shall a building permit be issued for construction
or alteration of a use or of any building where such construction
or alteration would be in violation of any provision of this chapter.
(3)
The Construction Official shall be authorized to grant
permits where provisions of this chapter have been complied with,
to make inspections and to examine plans and specifications.
(4)
The Construction Code Official shall keep careful
and comprehensive records of all applications, permits issued, inspections
made and notices issued. The City Tax Assessor shall receive a copy
of all permits.
(5)
Regarding inspection, where a Construction Code Official
reasonably suspects that a violation of this chapter is occurring
or has occurred:
(a)
Before a Construction Code Official may enter
private living quarters and conduct an inspection for a suspected
violation, he must either obtain the consent of the occupant of such
private living quarters or secure a warrant from the Margate City
Municipal Court Judge or any County or Superior Court Judge, hereinafter
referred to as the "issuing magistrate."
(b)
The issuing magistrate may grant a search warrant
to the Construction Code Official where the issuing magistrate finds
probable cause to believe that a violation of this chapter has occurred
on the premises, that a search of the premises is necessary to gather
evidence of the suspected violation and that the Construction Code
Official has made a reasonable but unsuccessful attempt to secure
the consent of the occupant.
(6)
Permits for major subdivisions; model homes. No building
permits shall be issued by the Construction Code Official for any
dwellings, buildings or structures within a subdivision until final
approval has been granted. Upon application to and approval of the
Planning Board, up to three building permits may be issued for model
homes in a major subdivision prior to final approval.
(7)
Final site plan approval. No building permits shall
be issued for alteration or construction of buildings or structures,
sign construction or change in use until final site plan approval
has been granted as required in this chapter.
B.
Issuance of certificate of occupancy. No certificate
of occupancy for any dwelling, building or structure shall be granted
by the Construction Code Official unless all required improvements
have been installed or completed and all conditions of Planning Board
and Zoning Board approvals have been satisfied. Any office usage legally
existing in Margate City which changes to another dissimilar office
usage shall be subject to applying for and receiving a certificate
of occupancy prior to commencing operations. Denial of certificate
of occupancy may be appealed to the Zoning Board of Adjustment.
C.
Certificates of land use compliance.
(1)
Authority to issue certificates. The Construction
Code Official or his duly authorized representative shall have the
authority to issue certificates of land use compliance in accordance
with the provisions of this section.
(2)
Certificate required. A certificate of land use compliance
shall be required prior to the sale of any residential structure or
mixed use residential structure in the City of Margate. The structure
shall comply with the requirements of the BOCA Property Maintenance
Code and amendments.
(3)
Application; decision; appeals.
(a)
Applications for certificates of land use compliance
shall be submitted to the Construction Code Official in such number
of copies as he shall require and on such forms as he shall prepare.
Within 15 days following the receipt of a completed application for
a certificate of land use compliance, the Construction Code Official
shall cause the application to be acted upon by either a granting
or a denial. If a denial occurs, then it shall be the obligation of
the Construction Code Official to state the reasons therefor. Any
applicant who is denied the right to a certificate of land use compliance
who deems that he or she has been entitled to the same shall have
a right to appeal the decision of the Construction Code Official to
the Zoning Board of Adjustment of the City of Margate City within
20 days of the denial thereof by filing a notice of appeal with the
Administrator of the Zoning Board and filing a copy thereof with the
City Clerk.
(b)
In each instance where a hearing is requested
before the Zoning Board of Adjustment, said hearing shall be scheduled
within 45 days of the filing of the appeal therefor.
[1]
Editor's Note: Former § 175-10, Base Flood Elevation
(BFE) Design Committee, added 1-31-2013 by Ord. No. 01-2013, as amended,
was repealed 10-4-2018 by Ord. No. 24-2018. Former § 175-11,
Bayfront Special District Commission, as amended, was repealed 10-4-2012
by Ord. No. 16-2012.
