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.).
[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.
[1]
Editor’s Note: The position of Zoning Board Administrator was deleted from this list at the request of the City pursuant to Ord. No. 23-2011, which terminated the Zoning Board of Adjustment; see § 175-4.
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.
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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.