[1997 Code § 224-180]
All provisions of this chapter shall be enforced by the Construction
Official of Absecon City. In no case shall a building permit be issued
for construction or alteration of use/or any building where such construction
or alteration would be in violation of any provision of this chapter.
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. The Construction 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.
[1997 Code § 224-181]
There is hereby established a position of Assistant Zoning Officer in and for the City of Absecon City. The term of office for the Assistant Zoning Officer shall be one year from the date of his appointment. The Assistant Zoning Officer shall assist the Zoning Officer in ascertaining any violations of the Zoning Ordinance of the City of Absecon City, specifically but not limited to Section 224-106, General regulations, and Ordinance No. 14 of 1985 (the Appearance Ordinance). The Assistant Zoning Officer's work schedule and salary shall be fixed by the City Council of the City of Absecon City annually. The Assistant Zoning Officer shall be under the direct authority of the Zoning Officer.
[1997 Code § 224-182]
No building permits shall be issued for alteration or construction
or buildings or structures, sign construction or change in use until
final site plan approval has been granted as required in this chapter.
[1997 Code § 224-183]
No building permits shall be issued for alteration or construction
or buildings or structures, sign construction or change in use until
final site plan approval has been granted as required in this chapter.
[1997 Code § 224-184]
No certificate of occupancy for any dwelling, building or structure
shall be granted by the Construction Official unless all required
improvements have been installed or completed.
[1997 Code § 224-185]
Certificates of approval for subdivisions and site plans shall
be issued by the City Clerk upon receipt of a signed approved plat
from the appropriate board.
[1997 Code § 224-186]
Applications for all permits and certificates provided in this article shall be made upon the proper form and accompanied by the fee prescribed in Article XXVI.
[1997 Code § 224-187; N.J.S.A. 40:55D-55]
A.
The following penalties shall be imposed for violation of the provisions
of this chapter:
(1)
Sale before approval. If, before final approval has been granted,
any person transfers, sells or agrees to sell as owner or agent any
land which forms a part of a subdivision on which, by ordinance, the
Planning Board is required to act, such person shall be subject to
a fine not to exceed $1,000, and each lot or parcel so disposed of
shall be deemed a separate violation.
(2)
Any other violation of the provisions of this chapter shall
be punishable by a fine not exceeding $500 or imprisonment for a period
not exceeding 30 days. Each day that a violation shall continue shall
constitute a separate violation.
B.
Nothing in this Article shall be construed to limit the City of Absecon
City's right to institute and maintain a civil action, to seek active
injunctive relief or to set aside or invalidate any conveyance made
pursuant to a contract of sale.
[1997 Code § 224-188]
Where a permit or certificate is denied, the official responsible
shall send promptly to the applicant, at the address given on the
application, a notice of decision setting forth the reasons for denial.
[1997 Code § 224-189]
Building permits shall be issued separately for each lot and shall lapse one year after issued. Certificates of occupancy shall be granted or denied within 10 days of application, if all City requirements are complied with, in the case of new construction, within 30 days in the case of alterations and conversions and within 30 days following Zoning Board approval in the case of nonconforming uses and variances. Such certificates shall lapse 90 days after issued. Minor and major subdivision approvals shall expire unless properly recorded pursuant to Sections 224-137 and 224-150, respectively, of this chapter.
[1997 Code § 224-190]
For purposes of this chapter, the Zoning and Planning Boards
of the City of Absecon City shall exercise the following powers:
A.
The Planning Board of the City of Absecon City shall enforce the
subdivision, site plan and certain of the zoning articles of this
chapter.
(1)
Subdivision/site plan. The City Council of the City of Absecon City requires, with passage of this chapter, Planning Board approval by resolution of subdivision plats as a condition for filing of such plats with the County Recording Office and Planning Board approval by resolution of site plans as a condition for the issuance of a permit for any development, except as provided in Article XXII or in those cases specified below where Zoning Board of Adjustment approval shall be required.
(2)
The Planning Board, when reviewing applications for approval
of subdivision plats, site plans or conditional uses, shall have the
power to grant, to the same extent and subject to the same restrictions
as the Zoning Board of Adjustment, variances pursuant to N.J.S.A.
40:55D-70c.
(3)
Additionally, the Planning Board, when reviewing applications
for approval of subdivision plats, site plans or conditional uses,
shall have the power to grant, to the same extent and subject to the
same restrictions as the Zoning Board of Adjustment, 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 and 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.
B.
The Zoning Board of Adjustment of the City of Absecon City shall
enforce the zoning articles of this chapter, except as provided above,
and in certain instances site plan/subdivision articles.
(1)
Zoning. The City Council of the City of Absecon City provides,
with passage of this chapter, for continuation of the City's Zoning
Board of Adjustment and vests the Board with the power to:
(a)
Hear and decide appeals where it is alleged by the appellant
that there is an error in any order, requirement, decision or refusal
made by an administrative office based on or made in the enforcement
of the Zoning Ordinance.
(b)
Hear and decide, in accordance with provisions of the zoning
articles of this chapter, requests for interpretation of the Zoning
Map or articles or for decisions upon other special questions upon
which the Board is authorized to pass by the zoning articles.
(c)
Grant a hardship variance where the strict application of the
zoning articles of this chapter, as they apply to a specific piece
of property of exceptional narrowness, shallowness, shape, exceptional
topographic conditions or other extraordinary and exceptional situation
or condition, would result in peculiar and exceptional practical difficulties
to or exceptional and undue hardship upon the developer of such property.
However, no such variance shall be granted to allow a structure or
use in a district restricted against such structure or use, and provided
that the proposed development does not require subdivision/site plan
or conditional use approval of the Planning Board.
(d)
Grant, in particular cases and for special reasons, a variance
to allow a structure or use in a district restricted against such
structure or use, but only by an affirmative vote of at least five
members.
(e)
Direct issuance of a permit for a building or structure in the
bed of a mapped street, public drainageway, flood-control basin or
public area reserved and issuance of a permit for a building or structure
not related to a street in conjunction with N.J.S.A. 40:55D-32, 40:55D-33
and 40:55D-36.
(f)
Grant conditional use approval in conjunction with review for
a use variance as specified in paragraph B(1)(d) above, provided that
the Board shall have 120 days from the filing of a completed application
with the City Clerk or such additional time as may be mutually agreeable
to the Board and developer.
[1997 Code § 224-191]
Wherever review or approval of an application by the County
Planning Board is required by Section 5 of P.L. 1968, c. 265 (N.J.S.A.
40:27-6.3) for submissions or Section 8 of P.L. 1968, c. 285 (N.J.S.A.
40:27-6.6) for site plans, the Municipal Boards (Planning and Zoning)
shall condition all approvals upon timely receipt of a favorable report
on the application by the County Planning Board.
[1997 Code § 224-192]
A.
The appeal process for official actions taken with regard to any
portion of this chapter shall be as outlined in prior articles and
sections and as further outlined below.
(1)
Appeals to the board of adjustment.
(a)
Appeals may be taken by an interested party affected by an administrative
office of the City of Absecon City based on or made in the enforcement
of the zoning articles of this chapter. Such appeal shall be taken
within 65 days of official action by filing a notice of appeal with
the office from which the appeal is taken specifying the grounds of
such appeal.
(b)
The Board shall render a decision not later than 120 days after
the date an appeal is taken. In its decision the Board may reverse
or affirm, wholly or in part, or modify the action, order, requirement,
interpretation or determination of the original decision. An appeal
to the Board shall stay all proceedings in furtherance of the action
in respect to which the decision appealed from was made, unless the
officer from whose action the appeal is taken certifies to the Board,
after filing of the appeal, that by reason of facts stated in the
certificate a stay would, in his/her opinion, cause imminent peril
to life or property. In such case, proceedings shall not be stayed
other than by an order of the Superior Court.
(2)
Appeals to the City of Absecon City Council.
(a)
Any interested party may appeal to the City Council any final
decision of the Board of Adjustment approving an application for development
pursuant to N.J.S.A. 40:55D-17(d).
(b)
All appeals to the City Council shall be conducted in accordance
with the requirements of the State of New Jersey Municipal Land Use
Law, N.J.S.A. 40:55D-1 et seq.
(c)
Notice of the meeting to review the record below shall be given
by the Governing Body by personal service or certified mail to the
appellant, to those entitled to notice of a decision and to the board
from which the appeal is taken at least 10 days prior to the date
of the meeting. The parties may submit oral and written argument on
the record at such meeting, and the governing body shall provide for
verbatim recording and transcripts of such meeting.
(d)
The Governing Body shall conclude a review of the record below
not later than 95 days from the date of publication of notice of the
decision below unless the appellant consents, in writing, to an extension
of such period. The appellant shall arrange for a transcript for use
by the Governing Body. Failure of the governing body to hold a hearing
and conclude a review of the record below and to render a decision
within such specified period without such written consent of the appellant
shall constitute a decision affirming the action of the board.
(e)
The Governing Body may reverse, remand or affirm, wholly or
in part, or may modify the final decision of the Planning Board or
Board of Adjustment, as the case may be.
(f)
The affirmative vote of a majority of the full authorized membership
of the Governing Body shall be necessary to reverse, remand or modify
any final action of either board.
(g)
An appeal to the Governing Body shall stay all proceedings in
furtherance of the action in respect to which the decision appealed
from was made, unless the board from whose action the appeal is taken
certifies to the Governing Body, after the notice of appeal shall
have been filed with such board, that by reason of facts stated in
the certificate a stay would, in its opinion, cause imminent peril
to life or property. In such case, proceedings shall not be stayed
other than by an order of the Superior Court on application, upon
notice to the board from which the appeal is taken and on good cause
shown.
(h)
The Governing Body shall mail a copy of the decision to the
appellant or, if represented, then to his attorney without separate
charge and, for a reasonable charge, to any interested party who has
requested it not later than 10 days after the date of the decision.
A brief notice of the decision shall be published in the official
newspaper of the municipality, if there is one, or in a newspaper
of general circulation in the municipality. Such publication shall
be arranged by the applicant unless a particular municipal officer
is so designated by ordinance, provided that nothing contained herein
shall be construed as preventing the applicant from arranging such
publication if he so desires. The Governing Body may make a reasonable
charge for its publication.
B.
The period of time in which an appeal to a court of competent jurisdiction
may be made shall run from the first publication, whether arranged
by the municipality or the applicant.
C.
Nothing in this chapter shall be construed to restrict the right
of any party to obtain a review by any court of competent jurisdiction
according to law.
[1997 Code § 224-193]
Hearings shall be held by the Planning and Zoning Boards for
all developmental applications. Notice of such hearing in accordance
with the public notice requirements listed below shall be provided
for by the applicant/developer/subdivider for all applications, except
those for minor subdivisions and conventional site plans and final
subdivision approval if such applications do not require the Planning
Board to exercise its ancillary jurisdiction pursuant to N.J.S.A.
40:55D-60.
A.
Public notice shall be given pursuant to N.J.S.A. 40:55D-12. At least
10 days prior to the date of the hearing, a notice of hearing shall
be given stating the date, time and place of the hearing and nature
of the matters to be considered and 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 Municipal Tax Assessor's office and the location and times at
which maps and exhibits for which approval is sought are available
for inspection.
(1)
Such notice shall be given as follows:
(a)
By publication in the official newspaper of the City of Absecon
City.
(b)
To all owners of real property as shown on the current tax duplicate
located within 200 feet in all directions of the property which is
the subject of the hearing, which notice shall be given by serving
a copy thereof on the owner, as shown on the current tax duplicate,
or his agent in charge of the property or by mailing a copy thereof
by certified mail to the property owner at his address as shown on
said current tax duplicate. It is not required that a return receipt
be obtained. Notice is deemed complete upon mailing (N.J.S.A. 40:55D-14).
(c)
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, the 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. Where notice is required
to be given to owners of all real property as shown on the current
tax duplicate and within 200 feet of the subject property, 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.
(d)
To the Clerk of any adjoining municipality or municipalities
and to the County Planning Board when the property involved is located
within 200 feet of said adjoining municipality or municipalities,
which notice shall be given by personal service or certified mail.
(e)
To the County Planning Board when the application for development
involves property adjacent to an existing county road or proposed
road shown on the Official County Map or a County Master Plan or adjoining
other county land.
(f)
To the Commissioner of Transportation of the State of New Jersey
when the property abuts a state highway.
(g)
To the Director of the Division of State and Regional Planning
in the Department of Community Affairs when the hearing involves an
application for 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 Municipal
Clerk, pursuant to N.J.S.A. 40:55D-10b.
(2)
Upon written request from the applicant, the City Clerk will
provide a certified list from the current tax duplicate of the names
and addresses of owners within 200 feet of the subject property to
whom the applicant is required to give notice for a fee not to exceed
$0.025 cents per name or $10, whichever is greater.
B.
Each decision on an application for development shall be reduced
to writing as provided in this subsection and shall include findings
of fact and conclusions based thereon.
(1)
Failure of a motion to approve an application for development
to receive the number of votes required for approval shall be deemed
an action denying the application.
(2)
The board may provide such written decision and findings and
conclusions either on the date of the meeting at which it takes action
to grant or deny approval or, if the meeting at which such action
is taken occurs within the final 45 days of the applicable time period
for rendering a decision on the application for development, within
45 days of such meeting by the adoption of a resolution of memorialization
setting forth the decision and the findings and conclusions thereon.
An action resulting from the failure of a motion to approve an application
shall be memorialized by resolution as provided above, notwithstanding
that the time at which such action occurs is within the applicable
time period for rendering a decision on the application.
(3)
The adoption of a resolution of memorialization shall not be
construed to alter the applicable time period for rendering a decision
on the application for development. Such resolution shall be adopted
by a vote of a majority of the members who voted for the action previously
taken, and no other member shall vote thereon. The vote of such resolution
shall be deemed to be a memorialization of an action of the Board
and not to be an action of the Board, except that failure to adopt
such a resolution within the forty-five-day period shall result in
the approval of the application for development, notwithstanding any
prior action taken thereon.
(4)
Whenever a resolution of memorialization is adopted, the date
of such adoption shall constitute the date of the decision for purposes
of the required mailings, filings and publications.
(5)
A copy of the decision shall be mailed within 10 days of the
date of the decision to the applicant or, if represented, then to
his attorney 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 in the office of the City Clerk. The City Clerk shall
make a copy of such filed decision available to any interested party
for a reasonable fee and available for public inspection at reasonable
hours.
(6)
A brief notice of the decision shall be published in the newspaper
of the City of Absecon City by the Secretary of the Zoning and Planning
Boards, and the cost is to be paid by the applicant. The period of
time in which an appeal of the decision may be made shall run from
the first publication of the decision.
[Ord. No. 11-2008 § 224-194]
A.
Short title. This section shall be known and may be cited as: Affordable
Housing Ordinance of Absecon City.
B.
Purpose. The Mount Laurel decisions stand for the principle that
each municipality has a constitutional obligation to provide opportunities
for the development of low- and moderate-income housing. The Mount
Laurel decisions and the Fair Housing Act, N.J.S.A. 52:27D-301 et
seq., dictate that every municipality in the State is required to
provide opportunities for the development of its "fair share" of very
low, low- and moderate-income housing. The purpose of this section
is to advance the public welfare and comply with the municipality's
constitutional obligation to provide the opportunity for the municipality's
fair share of affordable housing.
C.
Development required to provide affordable housing.
(1)
Within any zoning district permitting residential development
or as a result of a use variance permitting residential development,
developers shall provide a minimum of one affordable housing unit
for every four market rate housing units or the developer may make
contribution in lieu of providing affordable housing in accordance
with paragraph E.
(2)
Developers within any zone permitting nonresidential development
shall provide a minimum of one affordable housing unit for every 16
jobs created. The developer of the nonresidential development is required
to construct affordable housing in the Absecon Train Station Area
Overlay, or the developer may make a contribution in lieu of providing
affordable housing in accordance with paragraph E.
(3)
Within the Absecon Train Station Overlay Area, developers are required to provide affordable housing units if they avail themselves of the incentives set forth within Section 224-281, Density; Section 224-282, Building Coverage; Section 224-282, Impervious Coverage; Section 224-282, Building Height and Section 224-285, Parking Reduction. The development shall include a minimum of two affordable housing units for every eight market rate units [or a minimum of 25%]. Developers cannot make contributions in lieu of constructing affordable housing units in the Absecon Train Station Area Overlay.
D.
Procedure.
(1)
The units, once quantified, are specifically identified in the
site plan, along with the support services required to sustain low-
and moderate-income residences. It is the intent herein not only to
encourage the development of affordable housing but also to encourage
and sustain a quality of life for the low- and moderate-income residents
within the proposed development.
(2)
In preparing plans for low- and moderate-income housing, developers
shall follow the following minimum criteria:
(b)
Pricing stratification for purchased housing shall be as follows:
|
Category
|
Percentage of Units
|
Affordability Range (Target Market) in Percentage of Median
Income
| |
|---|---|---|---|
|
Low
|
10
|
40 to 42.5
| |
|
30
|
42.6 to 47.5
| ||
|
60
|
47.6 to 50
| ||
|
Moderate
|
10
|
50.1 to 57.5
| |
|
10
|
57.6 to 64.5
| ||
|
10
|
64.6 to 68.5
| ||
|
10
|
68.6 to 72.5
| ||
|
20
|
72.6 to 77.5
| ||
|
40
|
77.6 to 80
|
(3)
In pursuing the development of low- and moderate-income housing,
the Planning or Zoning Board may grant bulk variances and/or design
waivers necessary to assist in adjusting the site plan configuration,
thereby allowing the placement of disbursed low- and moderate-income
housing within the limits of any specific project. This procedure
will enable the City to work closely with the developer to tailor
a specific site plan in the event that traditional zoning controls
frustrate good site planning.
(4)
The developer shall deed-restrict all newly constructed low-
and moderate-income sales units for a period of not less than 30 years
and provide copies of a Council On Affordable Housing adopted restrictive
covenant and mortgage lien along with details of the methods of screening
applicants to be used as part of the site plan review process.
(5)
Prior to the issuance of the first certificate of occupancy
for any development, the developer shall submit to the administrative
agent as designated by City Council a list of all low- and moderate-income
units to be developed. This list shall include:
(6)
The designated administrative agent shall maintain a comprehensive
file on low- and moderate-income housing units. Prior to the issuance
of a certificate of occupancy or certificate of continued occupancy,
a statement from the screening agent certifying the proposed occupant's
eligibility shall be submitted to the designated administrative agent
and maintained in the file.
(7)
Affordable housing units to be built in accordance with the
following schedule:
|
Percentage of Market-rate Units Completed
|
Minimum Percentage of Low- and Moderate-Income Units Completed
| |
|---|---|---|
|
25
|
0
| |
|
25 + 1 unit
|
10
| |
|
50
|
50
| |
|
75
|
75
| |
|
90
|
100
|
(8)
Affirmative marketing. At the time of the initial occupancy
of low- and moderate-income units the developer must demonstrate that
an outreach and marketing program has been implemented to encourage
participation of local persons in an attempt to see that up to 50%
of the units be occupied by persons currently living or working in
Absecon City.
(9)
Prior to the issuance of a certificate of occupancy, the developer
shall pay to the designated administrative agent any management or
marketing fees adopted by the agency.
(10)
Contributions in lieu of constructing affordable housing units on site shall only be used to fund eligible affordable housing activities within the Absecon Train Station Area Overlay (Article XXXIII).
(11)
Contributions in lieu of constructing affordable units shall
be deposited in a separate, interest-bearing housing trust fund.
E.
Contribution in lieu of constructing affordable housing units.
(1)
Within any zoning district permitting residential development
or as a result of a use variance permitting residential development,
developers may make a contribution of $35,000 (or an amount set by
N.J.A.C. 5:94-5.4 Amount and duration of contributions, whichever
is greater) per affordable housing unit in lieu of providing affordable
housing.
(2)
Developers within any zone permitting nonresidential development
may make a contribution of $35,000 (or an amount set by N.J.A.C. 5:94-5.4
Amount and duration of contributions, whichever is greater) per affordable
housing unit in lieu of providing affordable housing.
(3)
Residential developments with less than eight market rate units
or nonresidential developments creating less than 25 jobs shall make
a pro-rata share contribution in lieu of constructing affordable housing.
F.
Exemptions.
(1)
Developers that have received preliminary subdivision or site
plan approval prior to the effective date of this section shall be
exempt from providing affordable housing unless the developer seeks
a substantial change in the approval.
(2)
Religious organizations that engage in construction activities
for religious purposes shall be exempt from providing affordable housing.
(3)
Development by public agencies, public hospitals, non-profit
educational or religious institutions, charitable or not-for-profit
entities legally established in accordance with the laws of the State
of New Jersey shall be exempt from providing affordable housing.
G.
Collection of contribution in lieu of constructing affordable housing.
(1)
Developers shall pay 50% of the contribution to Absecon City
at the issuance of permits.
(2)
Developers shall pay the remaining contribution to Absecon City
at the issuance of certificates of occupancy. The developer shall
be responsible for paying the difference between the contribution
at certificate of occupancy and the contribution made at the issuance
of building permit.
(3)
Contributions that are challenged shall be placed in an interest
bearing escrow account by the municipality. If all or a portion of
the contested contributions are returned to the developer, the accrued
interest on the returned amount shall also be returned.
H.
Housing trust fund.
(1)
There is hereby created an interest bearing trust fund bank
account with a bank to be named by City Council for the purpose of
receiving contributions from residential and nonresidential developers.
All contributions made by developers pursuant to this section shall
be deposited in this fund. No money shall be expended from the housing
trust fund unless the expenditure conforms to a spending plan in accordance
with paragraph I. below.
I.
Use of funds.
(1)
Money deposited in a housing trust fund shall be used for the construction of affordable housing and affordable housing activities in the Absecon Train Station Overlay Area. Contributions will be used to help fund affordable housing units and affordable housing activities in the Absecon Train Station Area Overlay (Article XXXIII). Allowable housing activities include, subsidies to reduce the cost of construction, assisting eligible buyers with closing costs, subsidize the improvements to infrastructure owned by the City of Absecon, i.e. streets, sidewalks in the City's right-of-way and administrative costs necessary to implement Absecon's housing element.
(2)
Absecon will dedicate no more than 20% of contributions made
for administrative purposes. Those purposes shall include but not
necessarily be limited to salaries and benefits for municipal employees
or consultant fees necessary to develop or implement a rehabilitation
program; a housing element; and an affirmative marketing program.
These monies shall be spent either in the one-year period of protection
sought by the City; during the implementation of the current plan
which will extend beyond the one-year period of protection and/or
during the period of implementation of any affordable housing plan
for the third housing cycle.
K.
Inconsistency. Any part or parts of any Ordinances which are found
to be inconsistent with this section shall be deemed to have been
repealed to the extent of such inconsistency.
L.
Effective date. This section shall take effect upon passage and publication
according to law and the filing of same with the County Planning Board
in accordance with N.J.S.A.40:55D.
