The Planning Board shall have authority to prepare and adopt
a Master Plan of the City of Atlantic City and from time to time to
prepare and adopt amendments thereto, all in accordance with the provisions
set out in this article.
General definition. The Master Plan shall be a compilation of policy
statements; goals; standards; maps; recommended planning, regulatory,
fiscal and public works programs, together with all pertinent data
relative to the past, present and future trends of the City with respect
to its population, housing, economic, social and environmental development
patterns; its land, water and natural resources and use; its transportation
facilities, public facilities and utilities; and any other matters
relevant to the present and future patterns of life within the City,
prepared and adopted by the Planning Board, or any internally consistent
and complete portion of such compilation relating to any one or more
of the aforesaid subjects, together with such amendments thereto as
may be adopted from time to time.
A statement of objectives, principles, assumptions, policies
and standards upon which the constituent proposals for the physical,
economic and social development of the City are based.
A land use plan element taking into account the other Master
Plan elements and natural conditions, including but not necessarily
limited to topography, soil conditions, water supply, drainage, floodplain
areas, marshes and woodlands; showing the existing and proposed location,
extent and intensity of development of land to be used in the future
for varying types of residential, resort, commercial, industrial,
recreational, educational and other public and private purposes or
combination of purposes; and including a statement of the standards
of population density and development intensity recommended for the
City.
A circulation plan element showing the location and type of
facilities for all modes of transportation required for the efficient
movement of people and goods into, about and through the City.
A utility service plan element analyzing the need for and showing
the future general location of water supply and distribution facilities,
drainage and flood control facilities, sewerage and waste treatment,
solid waste disposal and provision for other related utilities.
A community facilities plan element showing the location and
type of educational or cultural facilities, historic sites, libraries,
hospitals, firehouses, police stations and other related facilities,
including their relation to the surrounding areas.
A conservation plan element providing for the preservation,
conservation and utilization of natural resources, including, to the
extent appropriate, open space, water, energy, forests, soil, marshes,
wetlands, harbors, rivers and other waters, fisheries, wildlife and
other natural resources.
Relation to other plans. The Master Plan shall include a specific
policy statement indicating the relationship of the proposed development
of the City as developed in the Master Plan to the Master Plans of
each municipality contiguous to the City of Atlantic City; the Master
Plan of Atlantic County; and any comprehensive guide plan adopted
pursuant to Section 15 of P.L. 1961, c. 47.[1]
General purpose and effect. Upon adoption, the Master Plan shall
be considered an official statement of the policy of the City of Atlantic
City with respect to the existing and developing character of various
areas of the City; the proper objectives, standards and directions
for future maintenance, growth and development of the City; the means
to be employed to protect existing character or development and to
encourage future development that will be in the best interests of
the City: and the actions and programs to be undertaken by the City
with respect to its future maintenance and development.
Binding effect. Except as provided pursuant to Subsection C below, following the adoption of the Master Plan, no development regulation, Official Map or capital improvements program relating to the physical maintenance or development of the City or any land within it shall be enacted, established, amended or varied and no public building, public improvement, public site or right-of-way or other public structure or land shall be authorized, established, developed, redeveloped or modified in location or extent, whether by a public agency or a developer pursuant to §§ 163-127 through 163-133 of this chapter, other than in accordance with the policies, goals, objectives, principles and standards of the plan or relevant element thereof.
Exceptions to binding effect. Notwithstanding the provisions of Subsection B above, the City Council may adopt a development regulation or an amendment or revision thereto: an Official Map or an amendment or revision thereto; or a capital improvements program or an amendment or revision thereto, which, in whole or in part, is inconsistent with or not designed to effectuate the Master Plan, but only upon the affirmative vote of a majority of the full authorized membership of the City Council. The Board's reasons for so acting shall be recorded in its minutes.
Review for compliance. Following the adoption of a Master Plan, the authorization, adoption, amendment or variation of development regulations, capital improvement programs, official maps and public projects shall be reviewed for compliance with said plan pursuant to the provisions of § 163-43G and H of this chapter.
Plan development. The Planning Board, with the assistance of the Office of Land Use Administration, shall exercise the powers and duties delegated to it by Article V of this chapter in the continuing development and revision of the Master Plan. The process of plan development is necessarily an informal one, not readily adaptable to rigid procedures, but the Planning Board and the Office of Land Use Administration shall, in developing a plan, make all reasonable efforts to obtain the views, comments and criticisms of interested departments, bureaus, agencies, organizations, groups, firms and residents of the City.
Hearing on the proposed Master Plan. The Planning Beard shall, prior to the adoption or amendment of the Master Plan, set, advertise and conduct at least one public hearing thereon in accordance with Part 5, Article XXXIII, of this chapter.
Plan adoption. Upon developing the Master Plan pursuant to Subsection A above and after holding a public hearing on the plan pursuant to Subsection B above, the Planning Board may adopt, amend or reject the Master Plan or any component part thereof. Upon the adoption of any such plan or part thereof, it shall be designated as the "Master Plan of the City of Atlantic City," and, if less than a total Comprehensive Plan, shall carry a subheading designating its specific contents.
The Master Plan or any part thereof may be amended at any time in
accordance with the provisions of this subsection. Such amendment
may be initiated by the City Council, the Planning Board or by any
owner of property affected by the provisions of the Master Plan sought
to be amended.
Amendments initiated by the City Council or the Planning Board shall be processed as provided in Subsections A, B and C above except that any amendment referred to the Planning Board by the City Council shall be set for hearing with all reasonable dispatch, and the Planning Board shall act on such proposed amendment not later than 30 days following the conclusion of such hearing.
Amendments initiated by an owner of affected property shall be initiated by an application addressed to the Planning Board and filed with the Land Use Administrator. Nonrefundable application and hearing fees, as established pursuant to Part 1, Article III, of this chapter, to help defray administrative costs and the costs of hearing shall accompany each such application. The application shall be in such form and contain such information as may from time to time be established by general rule of the Planning Board, but shall in no event contain less than the following information:
A statement of any other applications relating to the affected
property which have been or are intended to be filed pursuant to this
chapter or any other law, ordinance or regulation of the City, county,
state or federal government.
Such other and further information as the Land Use Administrator
or Planning Board may deem to be necessary or appropriate to a full
and proper consideration and disposition of the particular application.
Upon receipt of a completed application by the Land Use Administrator, a hearing thereon shall be set, noticed and conducted by the Planning Board in accordance with the provisions of Part 5, Article XXXIII, of this chapter. Within 30 days following the conclusion of such hearing, the Board shall either refuse the application or shall adopt the proposed amendment, with or without modifications. The Land Use Administrator shall give notice of such decision pursuant to § 163-200 of this chapter.
At least once every six years the Planning Board shall reexamine
the Master Plan, this chapter and all other development regulations
adopted by the City to implement said plan. The Planning Board shall
prepare a written report, setting forth the findings of such reexamination,
and shall transmit a copy thereof to the City Council, the Atlantic
County Planning Board and the Municipal Clerks of each municipality
adjoining the City limits of the City of Atlantic City. Said report
shall state:
The major problems and objectives relating to land development
confronting the City at the time of the adoption or last revision
or reexamination of the Master Plan.
The extent to which there have been significant changes in the
assumptions, policies and objectives forming the basis for such plan
or regulations as last revised, with particular regard to the density
and distribution of population and land uses, housing conditions,
circulation, conservation of natural resources and change in state,
county and City policies and objectives.
The specific changes recommended for such plan or regulations,
if any, including underlying objectives, policies and standards, or
whether a new plan or regulation should be prepared.
Plan filing. Upon adoption of the Master Plan or any part or amendment
thereof, the Land Use Administrator shall cause certified copies thereof
to be placed on file in the offices of the Planning Board, the Board
of Adjustment, the Land Use Administration, the City Clerk and the
City Engineer and shall cause a certificate evidencing the adoption
of such plan or part or amendment thereof to be filed with the County
Clerk of Atlantic County.
Review of regulations and actions for compliance with Master Plan.
Following the adoption of a Master Plan, review of the enactment,
amendment or variance of ordinances, codes, regulations, programs
and maps relating to the physical development of the City for conformity
with the Master Plan shall be conducted by the agency granting the
enactment, amendment or variance. In the case of any amendment to,
variance of or approval under this chapter, the body charged with
reviewing, hearing and passing upon such items shall be charged with
reviewing such item for conformance with the Master Plan and shall
address the issue of conformity with the Master Plan in any report
required to be prepared in connection with such item.
Following the adoption of a Master Plan, the City Council and every
housing, parking, highway, special district or other authority, redevelopment
agency, school board or other similar public agency, whether state
county or municipal, shall, before taking any action necessitating
the expenditure of any public funds incidental to the location, character
or extent of any capital improvement project, refer the action involving
such specific project to the Planning Beard for review and recommendation
in conjunction with the Master Plan. Within 45 days following any
such submission, or such shorter period as the submitting agency may
require due to the necessity of acting on the subject matter within
time limits imposed by this chapter for such action or such longer
period as may be agreed to by the submitting agency, the Planning
Board shall review such action for conformity with the Master Plan
and, if necessary, shall confer with the submitting agency with regard
to suggested alterations in the proposed project and shall transmit
its recommendation for approval, disapproval or modification of the
proposed project and action to the submitting agency, stating, in
detail, the reasons for such recommendation.
No such agency shall take any action with respect to a matter submitted
pursuant to this subsection prior to the receipt of the Planning Board's
recommendation or the expiration of the aforesaid time period without
such recommendation having been issued by the Planning Board.
With respect to submissions by any agency, department or official
of the City, if the Planning Board has issued its approval or has
failed to act with respect to a submission within the aforesaid time
periods, the submitting agency may then, but not before, proceed to
take action on the proposed project. If the Planning Board has recommended
disapproval, then the submitting agency shall take no action to approve
the proposed project and shall undertake no work with respect to the
proposed project unless such action, work or project shall have first
been approved by an affirmative vote of a majority of the full authorized
membership of the City Council on a motion expressly setting forth
the reasons for such action.
No City official, agency or department shall issue any permit, approval
or authorization necessary in conjunction with any capital project
subject to this subsection, nor issue or authorize any funds or expenditures
for such project, unless the agency responsible for such project shall
have first complied with the provisions of this subsection.