[HISTORY: Adopted by the City Council of the City of Vineland 9-9-1958 by Ord. No. 294 (Ch. 85 of the 1990 Code). Amendments noted where applicable.]
Land use — See Ch. 425.
As used in this chapter, the following terms shall have the meanings indicated:
- DRAINAGE RIGHT-OF-WAY
- The land required for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Chapter 1 of Title 58 of the New Jersey Statutes Annotated.
- GOVERNING BODY
- The chief legislative body of the City of Vineland.
- OFFICIAL MAP
- A map adopted by ordinance of the governing body showing the location and width of streets and drainage rights-of-way and the location and extent of public parks and playgrounds, whether existing or proposed.
- The map of a subdivision.
- Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action pursuant to the Municipal Planning Act (1953) or a street or way on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines.
Editor's Note: Chapter 1 of Title 58 of the New Jersey Statutes Annotated was repealed by P.L. 1945, c. 22; P.L. 1979, c. 359; and P.L. 1981, c. 262. See now N.J.S.A. 58:1A-1 et seq.
Editor's Note: The Municipal Planning Act (1953) was repealed by P.L. 1975, c. 291. See now the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
There is hereby established as the Official Map of the City of Vineland a map entitled "Official Map of Arterial Highways and Drainage Rights-of-Way," prepared by the Engineering Department of the City of Vineland, dated May 6, 1958, and on file in the office of the City Clerk.
The Official Map is hereby established for the express purpose of conserving and promoting the public health, safety, morals and general welfare.
The Official Map shall be deemed conclusive with respect to the location and width of streets and drainage rights-of-way, whether such streets and drainage rights-of-way are improved or unimproved.
Upon the application for approval of a plat, the municipality may reserve for future public use the location and extent of public parks and playgrounds shown on the Official Map or any part thereof and within the area of said plat for a period of one year after the approval of the final plat, or within such further time as agreed to by the applying party. Unless, within such one-year period or extension thereof, the municipality shall have entered into a contract to purchase or instituted condemnation proceedings for said park or playground according to law, such applying party shall not be bound to observe the reservation of such public park or playground. During such period of one year or any extension thereof, the applicant for the plat approval and his assigns and successors in interest may use the area so reserved for any purpose other than the location of buildings or improvements thereof, except as provided in § 98-6 of this chapter.
The governing body may from time to time amend the Official Map by making changes therein, additions thereto or deletions therefrom.
Prior to amending the Official Map or any part thereof, the governing body shall refer such proposed amendment to the Planning Board of the City for its recommendation, and the governing body shall not act thereon without such recommendation or until 45 days after such reference without recommendation. Upon receipt of the recommendation of the Planning Board or until 45 days after such reference without such recommendation, the governing body shall hold a public hearing on the proposed amendment to the Official Map, and at least 10 days prior to such hearing, notice of this hearing shall be published in a newspaper of general circulation in the City. A map showing the proposed amendments shall be made available for public inspection in the office of the City Clerk during such period, and the notice shall so state.
For the purpose of preserving the integrity of the Official Map of the City, no permit shall be issued by the Zoning Officer or Building Inspectors for any building which is proposed to be built in the bed of any street or drainage right-of-way shown on the Official Map or on a plat filed pursuant to the Land Subdivision Ordinance of the City or the Municipal Planning Act, except as herein provided.
Whenever it shall appear that one or more parcels of land upon which is located the bed of such a mapped street or drainage right-of-way or any park or playground location reserved pursuant to §§ 98-3 and 98-4 of this chapter cannot yield a reasonable return to the owner unless a building permit is granted, the Board of Adjustment of the City may, in a specific case, by a majority vote of its members, grant a permit for a building in the bed of such mapped street or drainage right-of-way or within such reserved location of a public park or playground which will as little as practicable increase the cost of opening such street or tend to cause a minimum change of the Official Map. The Board of Adjustment shall impose reasonable requirements as a condition of granting the permit, so as to promote the health, morals, safety and general welfare of the public, and shall inure to the benefit of the City.
Action upon any such application for a building permit under the provisions of this section shall only be taken after a public hearing has been held, at which hearing the parties in interest and others shall have an opportunity to be heard. The applicant shall notify all owners of property within 200 feet of the property to be affected by the grant or denial of the building permit, service to be made in accordance with the rules and regulations of the Board of Adjustment. At least 10 days prior to the time fixed for the public hearing, there shall be published in a newspaper having a general circulation in the City notice of the time and place of the hearing. The notice shall be inserted in a newspaper by the Secretary of the Board of Adjustment, and any costs incidental thereto shall be paid by the applicant.
No permit for the erection of any building shall be issued unless the building lot abuts a street giving access to such proposed structure which has been duly placed on the Official Map or a street shown upon a plat approved by the Planning Board and governing body of the City of Vineland, as provided in the Land Subdivision Ordinance of the City. Before such building permit shall be issued, such street shall have been certified to be suitably improved to the satisfaction of the governing body, acting on the advice of the City Engineer, or such suitable improvement shall have been assured by means of a performance guaranty, in accordance with standards and specifications approved by the governing body in relation to the City Subdivision Ordinance, and as adequate with respect to the public health, safety and general welfare for the special circumstances of the particular street.
Where the enforcement of §§ 98-6 and 98-7 of this chapter would entail practical difficulties or unnecessary hardship or where the circumstances of the case do not require the structure to be related to a street, the applicant for the permit may appeal from the decision of the Zoning Officer or Building Inspectors to the Board of Adjustment of the City, and this appeal shall be governed by the same provisions as those provided in cases of appeals in respect to zoning regulations.
The Board of Adjustment may, in determining any such appeal, make reasonable exceptions and issue a permit subject to conditions that will assure adequate access for fire-fighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety. The Board may also impose conditions which will protect any future street layout shown on the Official Map or on the Master Plan of the City Planning Board. The Board of Adjustment shall refer any application made under this section to the City Planning Board for report and recommendation before taking final action.
The City Planning Board shall consider such application referred to it at its next regular meeting and make its report and recommendation, in writing, within two weeks from that regular meeting. Failure to act within this time shall constitute a favorable recommendation from the City Planning Board, and thereafter the Board of Adjustment may proceed to take final action.