A.
Creation. There is hereby created the Office of Land Use Administration,
which is the Division of Planning within the Department of Planning
and Development.
[Amended 6-15-1988 by Ord. No. 1-1988]
B.
Appointment, qualifications and compensation of Land Use Administrator.
The individual holding the civil service position of Planning Director
shall be the Land Use Administrator and the Director of the Division
of Planning within the Department of Planning and Development. The
Land Use Administrator/Director of the Division of Planning, shall
be a planner, licensed in the State of New Jersey, and shall hold
no elective office under the City. The Land Use Administrator/Director
of the Division of Planning, shall be compensated in the amount of
funds appropriated for his salary by the City Council.
[Amended 6-15-1988 by Ord. No. 1-1988]
C.
Authority and duties of Land Use Administrator.
(1)
The Land Use Administrator shall be charged with the administration
and enforcement of this chapter and shall have all the powers necessary
to such administration and enforcement.
(2)
The Land Use Administrator shall supervise, manage and be responsible
for the affairs and activities of the Office of Land Use Administration
and its employees and may employ such technical assistants, clerks,
secretaries and such other persons as shall be authorized by action
of the City Council and pay for their services and any other necessary
and proper expenses, but only out of such appropriations as may from
time to time be made by the City Council for such purposes.
(3)
The Land Use Administrator shall, in particular, have the following
authority and duties:
(a)
Rules and regulations. The Land Use Administrator shall, consistent with the express standards, purposes and intent of this chapter, promulgate, adopt and issue such procedural rules, regulations and forms as are, in his opinion, necessary to the effective administration and enforcement of the provisions of this chapter. In addition, if the Planning Board and the Board of Adjustment, or either of them, have failed to adopt rules and regulations to govern the conduct of their business, as required by §§ 163-22 and 163-32 of this chapter, within nine months following the adoption of this chapter, the Land Use Administrator shall, within one year following the adoption of this chapter, promulgate and issue such rules. Rules so issued shall, unless the aforesaid body shall, within 30 days following such issuance, object by formal motion to such rules and adopt rules for itself as herein required, be deemed for all purposes to be the rules required by this chapter to be adopted by the aforesaid body or bodies and shall, after issuance, govern the conduct of the business of such body or bodies. Rules so issued may be amended or modified by the body to which they apply in the same manner as if adopted by such body. All rules, regulations and forms issued by the Land Use Administrator shall be kept on file in the Office of Land Use Administration, shall be filed with the City Clerk 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 Land Use Administration at a fee established pursuant to Part 1, Article III, of this chapter.
(b)
Staff Secretary to the Planning Board and Board of Adjustment.
The Land Use Administrator or his designee shall serve as Staff Secretary
to the Planning Board and the Board of Adjustment and shall, in that
capacity:
[Amended 6-15-1988 by Ord. No. 1-1988]
[1]
Provide the agendas for and attend the meetings and hearings
of each such body.
[2]
Inform each such body of all facts and information at his disposal
with respect to any matter brought before such body.
[3]
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, the findings, if any, made
by it and reasons therefor.
[4]
Keep verbatim recordings of the proceedings of every hearing
by either stenographic, mechanical or electronic means.
[5]
Give notice, 30 days prior to the expiration of the term of
any member of either such bodies, of the date on which the term of
such member will expire to such member, to the City Council and to
the Mayor.
[6]
Perform such other duties as may be assigned to him by this
chapter and by the rules of such bodies.
(c)
Records. The Land Use Administrator shall maintain the following:
[1]
Permanent and current records of this chapter, including all
maps; amendments; conditional use, planned development, subdivision
plat and site plan approvals and denials; interpretations; and decisions
rendered by his office, the Planning Board, the Board of Adjustment
and the City Council, together with relevant background files and
materials.
[2]
Duplicate copies of all certificates of land use compliance, numbered consecutively and showing the fee charged therefor, issued or denied pursuant to § 163-207 of this chapter, together with such portions of the applications therefor as the Land Use Administrator may consider necessary to the proper administration of this chapter.
[3]
A current file of all certificates, permits or authorizations issued pursuant to Articles XVIII through XXXV of this chapter and Part 6 and all notices of violation, discontinuance or removal issued by or entrusted to his office for such time as necessary to ensure continuous compliance with the provisions of this chapter.
[6]
Current maps locating all applications for amendment, site plan/subdivision
approvals, conditional uses, planned developments, variances and appeals
and indicating the disposition thereof.
[7]
Permanent and current records of all Planning Board and Board
of Adjustment meetings, hearings and proceedings, minutes and transcripts
taken therein and any correspondence of such Boards.
(e)
Applications.
[1]
Receipt, processing, referral to interested parties and agencies.
The Land Use Administrator shall receive all applications required
to be filed with him pursuant to this chapter and such other applications
as the ordinances of the City may from time to time require to be
filed in his office. Upon receipt of any such application, the Land
Use Administrator shall review it for completeness, and if any deficiencies
are found, he shall give notice of such deficiencies to the applicant,
in writing, within 45 days following the original filing of such application.
After a determination that the application is complete, the Land Use
Administrator shall see to its expeditious processing, including its
prompt referral to and retrieval from each official, department, bureau,
board, commission or agency of the City or other government with any
interest in or duty with respect to such application. To facilitate
such referrals, the Land Use Administrator shall prepare, maintain
and continually keep current a list or lists of all officials, departments,
bureaus, boards, commissions and agencies which have, in writing,
requested an opportunity to review or comment on various specified
applications and proposals for various specified reasons and pursuant
to various specified duties and authorities.
[3]
Investigation. Whenever the Planning Board or the Board of Adjustment
shall, by general rule or specific direction, so request, the Land
Use Administrator shall conduct or cause to be conducted such surveys,
investigations and field studies and photographs, charts and exhibits
as shall be necessary or convenient to the processing of any application
filed with the Land Use Administrator.
(f)
Plan review and land use certificates. Pursuant to the provisions of Part 6, Article XXXVI, of this chapter, the Land Use Administrator shall review all applications for certificates of land use compliance and approve or disapprove such applications and issue or refuse to issue such certificates based on compliance or noncompliance with the provisions of this chapter.
(h)
Acceptance of guaranties. The Land Use Administrator or his
designee shall accept performance and maintenance guaranties required
to be paid pursuant to this chapter.
[Amended 6-15-1988 by Ord. No. 1-1988]
(i)
Interpretations. Pursuant to the provisions of Part 5, Article XXIX, of this chapter, the Land Use Administrator shall issue his written interpretation of the meaning and applicability of specific provisions of this chapter. Any interpretation of this chapter which may be rendered by the Land Use Administrator, the Planning Board, Board of Adjustment or City Council shall be kept on file with the Land Use Administrator and shall be a public record of the City, open to inspection by interested parties at reasonable times and upon reasonable notice.
(k)
Inspection and enforcement.
[1]
In furtherance of the enforcement of this chapter, the Land Use Administrator shall undertake such regular and continuing programs of inspection of work approved and under way and of existing structures and uses as may be feasible and proper within the limits of staff and funds; shall undertake such inspections as may be necessary to the performance of his duties hereunder; and shall receive from any person complaints alleging, with particularity, a violation of this chapter and, when appropriate, shall cause such investigations and inspections as may be warranted by such complaints to be made. Upon finding the existence of any violation of this chapter, the Land Use Administrator shall proceed as provided in § 163-9A of this chapter.
[2]
The Land Use Administrator shall cooperate with the Building
Inspector to coordinate enforcement and inspection activities under
this chapter with those conducted pursuant to the authority vested
in the Building Inspector so as to achieve the greatest efficiency
and avoid unnecessary duplication of efforts.
[3]
Nothing in this subsection shall be interpreted to prevent any
person entitled to relief in law or equity by reason of a violation
of the provisions of this chapter from bringing an appropriate action
to secure such relief.
(l)
Reports concerning valuation, assessment and taxation of land.
The Land Use Administrator shall promptly inform the Atlantic County
Tax Assessor of those parcels of land designated as an agricultural
or horticultural use, pursuant to the provisions of the Farmland Assessment
Act of 1964, P.L. 1964, c. 48 (N.J.S.A. 54:4-23.1 et seq.), which
receive preliminary subdivision/site plan approval or planned development
approval pursuant to the provisions of this chapter. In addition,
the Land Use Administrator shall cooperate with the Tax Assessor to
establish a system to provide the Tax Assessor with current information
concerning any action taken pursuant to this chapter which might affect
the valuation, assessment or taxation of any parcel of real estate
in the City.
In addition to the jurisdiction, authority and duties conferred
upon them by other provisions of the codes and ordinances of the City
of Atlantic City, every official, department, bureau and agency of
the City shall have the following jurisdiction, authority and duties
with relation to the administration and enforcement of this chapter:
A.
Duties as specified in applicable laws. Each official, department,
bureau and agency shall have such duties and responsibilities with
respect to land use and development regulations in the City as shall
be conferred upon it by the various provisions of the codes, ordinances
and regulations applicable to such official, department, bureau or
agency. Where such duties and responsibilities require such official,
department, bureau or agency to review plans or proposals for land
use or development, such official, department, bureau or agency shall
inform the Land Use Administrator, in writing, of such requirement;
of the particular provision of the code, ordinance or regulation which
creates such requirement; of the particular type or category of plans
or proposals which must be reviewed; of the stage in the planning,
zoning and development process where such review would be most effective;
and of the estimated time that would be required for such review in
the normal case.
B.
Issuance of permits. No official, department, bureau or agency of
the City shall issue any permit, license or approval in violation
of the terms of this chapter or which could result in work or the
use of buildings, structures or land in violation of the provisions
of this chapter. Every official, department, bureau or agency of the
City issuing permits, licenses or approvals, the use of which may
result in a violation of the provisions of this chapter, shall refer
the application therefor to the Land Use Administrator for a report
on conformance with said provisions. The Land Use Administrator shall
promptly return such application with his report thereon, and if the
report indicates that the use of such permit, license or approval
will result in a violation of the provisions of this chapter, the
license, permit or approval shall not be issued. No official, department,
bureau or agency of the City shall issue any building or construction
permit or license which relies on, references or relates to an approval
issued by a third-party agency without requiring, as a condition of
such issuance, the provision by the applicant of copies of the plan,
site plan or subdivision plan on which such third-party approval was
based, which plans shall include digital and paper copies of plans
showing the proposed improvements, grading and stormwater facilities
to be constructed and connections to the City's stormwater system.
[Amended 2-13-2013 by Ord. No. 1-2013]
C.
Cooperation and technical assistance. Upon reasonable request, each
official, department, bureau and agency of the City shall cooperate
fully with and offer technical aid, advice and expertise to the Board
of Adjustment, the Planning Board and the Land Use Administrator to
the end that the goals, policies and standards of the Master Plan
and this chapter may be expeditiously and effectively achieved.
