A.
Long title. An ordinance establishing zoning, subdivision
and site plan regulations covering the use and development of land
and structure, lot area, lot coverage of buildings and other structures,
population density, parking provisions and height and to divide the
City into zoning districts, each with specific regulations, in accordance
with provisions of the New Jersey Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq., and the Pinelands Protection Act, N.J.S.A. 13:18A-1
et seq.
B.
Short title. This chapter will be known and may be
cited as the "Egg Harbor City Developmental Ordinance."
A.
The developmental ordinance which follows was developed
by the Egg Harbor City Land Use Board to promote the public health,
safety, morals, general welfare and all other purposes enumerated
in the New Jersey Municipal Land Use Law, Chapter 291, Laws of New
Jersey, 1975, N.J.S.A. 40:55D-1 et seq., and the Pinelands Protection
Act, Chapter 111, Laws of New Jersey, 1979, N.J.S.A. 13:18A-1 et seq.
The regulations and districts appearing herein are consistent with
the land use and natural resource elements of the Egg Harbor City
Master Plan.
[Amended 8-28-2014 by Ord. No. 9-2014]
B.
It is the intent and purpose of this chapter to:
(1)
Encourage municipal action to guide the appropriate
use of development of all lands in this City in a manner which will
promote the public health, safety, morals and general welfare.
(2)
Secure safety from fire, flood, panic and other natural
and man-made disasters.
(3)
Provide adequate light, air and open space.
(4)
Ensure that the development of individual municipalities
does not conflict with the development and general welfare of neighboring
municipalities, the county and state as a whole.
(5)
Provide the establishment of appropriate population
densities and concentrations that will contribute to the well-being
of persons, neighborhoods and communities and preservation of the
environment.
(6)
Encourage the appropriate and efficient expenditure
of public funds by the coordination of public development with land
use policies.
(7)
Provide sufficient space in appropriate locations
for a variety of agricultural, residential, recreational, commercial
and industrial uses and open space, both public and private, according
to their respective environmental requirements, in order to meet the
needs of all New Jersey citizens.
(8)
Encourage the location and design of transportation
routes which will promote the free flow of traffic while discouraging
the location of such facilities and routes which result in congestion
or blight.
(9)
Promote a desirable visual environment through creative
development techniques and good civic design and arrangements.
(10)
Promote the conservation of open space and valuable
natural resources and to prevent urban sprawl and degradation of the
environment through improper use of land.
(11)
Encourage planned unit developments which incorporate
the best features of design and relate the type, design and layout
of residential, commercial, industrial and recreational development
to the particular site.
(12)
Encourage coordination of the various public and private
procedures and activities shaping land development with a view of
lessening the cost of such development and to the more efficient use
of land.
(13)
Promote senior citizen community housing construction.
(14)
Promote the conservation of energy through the use
of planning practices designed to reduce energy consumption and to
provide for the maximum utilization of energy resources.
(15)
Implement the purposes, policies and objectives of
the Comprehensive Management Plan of the New Jersey Pinelands Commission.
A.
The regulations established by this chapter shall
be held to be the minimum standards necessary to achieve the purposes
and objectives of the Egg Harbor City Master Plan, this chapter and
the Pinelands Protection Act, N.J.S.A. 13:18A-1 et seq., and shall
apply uniformly to each class or kind of structure or land. It is
not the intention of this chapter to interfere with, abrogate or annul
any easements, covenants or other agreements between the parties;
provided, however, that where this chapter imposes a greater restriction,
provisions of this chapter shall govern.
(1)
Use of land and construction of buildings. On and
after the effective date of this chapter, no land or building shall
be used, developed, constructed, located, altered, rebuilt or enlarged
for any purpose within Egg Harbor City, except in conformity with
the restrictions and regulations established by this chapter for the
district in which such land or building is located and in conformity
with all other pertinent terms and provisions of this chapter.
(2)
Existing uses and structures. In all districts, after
the effective date of this chapter, any existing building or structure
and all tracts of land, the use of which is not in conformity with
the regulations for the district in which it is located, shall be
deemed as nonconforming and subject to the appropriate regulations
of this chapter governing such nonconforming lots, uses and structures.
(3)
Failure to comply. Any building constructed, rebuilt,
altered or located on or after the effective date of this chapter
in violation of the restrictions and regulations established for the
district in which it is located, or in violation of other pertinent
terms or provisions of this chapter, shall be changed, altered, corrected
or relocated by the person who constructed or located such building
and by the owner of the land on which it is situated so that both
building and premises shall conform to all provisions of this chapter.
Such change, alteration, correction or relocation shall be made within
30 days after notification, in writing, by the Zoning Officer to the
person who constructed, altered or located the building and the owner
of the land on which it is located. Such notification shall be by
personal service on those to be served or by certified or registered
mail, return receipt requested, to the last known address of those
to be served.
B.
Any person or persons violating any provision of this
chapter shall, upon conviction thereof, be subject to a fine not exceeding
$1,000, a term of imprisonment not exceeding 90 days or a period of
community service not exceeding 90 days, or any combination thereof.
[Added 8-26-1999 by Ord. No. 16-1999]
[Added 8-28-2014 by Ord.
No. 9-2014[1]]
A.
The City Council of the City of Egg Harbor City is authorized to
and hereby does create a joint Land Use Board that merges the duties
of the former Planning and Zoning Boards.
B.
Joint Land Use Board membership.
(1)
The City of Egg Harbor City hereby establishes a municipal Land Use
Board comprised of nine regular members and two alternate members.
(a)
For convenience in designating the manner of appointment, membership
shall consist of:
[1]
Class I: the Mayor, or the Mayor's designee in the absence of
the Mayor, provided that such person is so designated by the Mayor
in writing.
[2]
Class II: a municipal official other than a member of the governing
body, to be appointed by the Mayor.
[3]
Class III: a member of the governing body appointed by said
body.
[4]
Class IV: other citizens of the City of Egg Harbor City, appointed
by the Mayor. No Class IV member shall hold any other municipal office,
position or employment.
(b)
For the purpose of this section, membership on a municipal board
or commission whose function is advisory in nature and not required
to be established by statute shall not be considered the holding of
municipal office.
(2)
The terms of office for each class shall be:
(a)
Class I: The term shall correspond to the Mayor's official tenure,
or, if the member is the Mayor's designee in the absence of the Mayor,
the designee shall serve at the pleasure of the Mayor during the Mayor's
official tenure.
(b)
Class II: The term shall be for one year or terminate with the
term of office, whichever comes first.
(c)
Class III: The term shall be for one year or terminate with
the term of office, whichever comes first.
(d)
Class IV: The term of a Class IV member shall be four years.
An unexpired term shall be filled by appointment, as provided for
herein, for the remainder of the term.
(3)
No member shall be permitted to act on any matter in which he has,
directly or indirectly, any personal or financial interest.
(4)
Alternate members.
(a)
Two alternates under Class IV membership shall be provided and
shall be designated by the Mayor as "Alternate No. 1" and "Alternate
No. 2."
(b)
Alternate members shall serve for two years, except that the
term of not more than one alternate shall expire in any one year.
An unexpired term shall be filled by appointment, as provided for
herein, for the remainder of the term only.
(c)
The same rules of ethical conduct and rules for removal which
apply to regular Land Use Board members shall apply to alternate members.
(d)
Alternate members may participate in discussions but shall not
vote except in the absence or disqualification of a regular member
of any class. Votes delayed in order for a regular member to vote
shall not be permitted. If a choice must be made as to which alternate
shall vote, Alternate No. 1 shall vote.
C.
Organization. The Board shall elect a Chairman and Vice Chairman
from the Class IV membership, select a Secretary who may or may not
be a member or a municipal employee and shall fill such other offices
as may be established by ordinance. The Board may employ and fix the
compensation of legal counsel, other than the Municipal Attorney,
and experts, and other staff and services deemed necessary, but not
to exceed, exclusive of gifts or grants, the amount appropriated by
the governing body for its use.
D.
Powers and duties.
(1)
The Land Use Board shall exercise its powers according to this chapter
in regard to:
(a)
The Master Plan (N.J.S.A. 40:55D-28 et seq.).
(b)
Subdivision control and site plan review (N.J.S.A. 40:55D-37
et seq.).
(c)
The Official Map (N.J.S.A. 40:55D-32 et seq.).
(d)
The Zoning Ordinance, including conditional uses (N.J.S.A. 40:55D-62
et seq., and N.J.S.A. 40:55D-67 et seq.).
(e)
The capital improvements program (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 (N.J.S.A. 40:55D-60 et seq.).
(2)
The Land Use Board may:
(a)
Participate in the preparation and review of plans or programs
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
the governing body for the aid and assistance of the governing body
or other governmental agencies.
(3)
The Land Use Board shall exercise, to the same extent and subject
to the same restrictions, all the powers of a board of adjustment,
but the Class I and the Class III members shall not participate in
the consideration of applications for development which involve relief
pursuant to Subsection d of Section 57 of P.L. 1975, c. 291 (N.J.S.A.
40:55D-70). The Land Use Board expressly has such powers pursuant
to the provisions of N.J.S.A. 40:55D-25c and the fact that the City
of Egg Harbor City has a population of 10,000 or less.
E.
Referral powers.
(1)
Within 35 days after referral, the Land Use Board shall submit to
the governing body a report on a proposed development regulation,
revision or amendment thereto, including identification of provisions
in said proposed changes which are inconsistent with the Master Plan
and the Board's recommendations. The governing body shall review the
report of the Land Use Board, and may disapprove or change any recommendations
by a vote of a majority of its full authorized membership and shall
record the reasons for not following the Board's recommendations.
Failure of the Land Use Board to transmit its report within 35 days
shall relieve the governing body from the requirements of this section.
Nothing herein shall be construed to diminish the application of the
provisions of N.J.S.A. 40:55D-32 to any Official Map or of N.J.S.A.
40:55D-62 to any zoning ordinance.
(2)
The governing body may, by ordinance, provide for the reference of
any matter to the Land Use Board before final approval of said matter.
Such referral shall not extend the time for action, whether or not
the Board has submitted its report. Land Use Board recommendations
shall not be rejected by any other municipal body except by a majority
of the full authorized membership of such other body.
F.
Citizens Advisory Committee. The Mayor may appoint one or more persons
as a Citizens Advisory Committee to assist or collaborate with the
Land Use Board, but such persons forming said Committee shall have
no power to vote and shall serve at the pleasure of the Mayor.
[1]
Editor's Note: This ordinance also repealed former § 170-4,
Planning Board, as amended, and provided an effective date of 1-1-2015.
[Amended 2-25-1993 by Ord. No. 3-1993; 8-26-1999 by Ord. No. 16-1999; 8-28-2014 by Ord. No.
9-2014]
A.
Rules and regulations. The Land Use Board shall adopt
and may amend reasonable rules and regulations not inconsistent with
the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.,
or this chapter for the administration of their functions, powers
and duties and shall furnish a copy thereof to any person upon request
and may charge a reasonable fee for any such copy. Copies of all such
rules and regulations and amendments thereto shall be maintained in
the zoning office.
B.
Meetings.
(1)
The Land Use Board shall fix the time and place for
holding regular meetings for business authorized to be conducted.
Regular meetings shall be scheduled not less than once a month and
shall be held as scheduled unless canceled for lack of applications
for development.
(2)
Special meetings shall be provided for at the call
of the Chair or on request of any two Board members, which shall be
held on notice to its members and the public in accordance with all
applicable legal requirements.
(3)
No action shall be taken at any meeting without a
quorum being present. All actions shall be taken by a majority vote
of the members of the municipal agency present at the meeting, except
as otherwise provided by law.
C.
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
the reason therefor. The minutes shall thereafter remain available
for public inspection during normal business hours at the zoning office.
Any interested party shall have the right to compel production of
the minutes for use as evidence in any legal proceeding concerning
the subject matter of such minutes. Such interested party may be charged
a reasonable fee for the production of the minutes for his/her use.
In accordance with the Open Public Meetings Act, N.J.S.A. 10:4-14,
the minutes of the meetings shall be reasonably comprehensive.
D.
Hearings.
(1)
The Land Use Board shall hold a hearing on each application
for development or adoption or revision or amendment to the Master
Plan.
(2)
The Board shall make the rules governing such hearings.
Any maps and documents for which approval is sought at a hearing shall
be on file and available for public inspection at least 21 days before
the date of the hearing during normal business hours in the zoning
office. The applicant may produce other documents, records or testimony
at the hearing to substantiate or clarify or supplement the previously
filed maps and documents.
(3)
The officer presiding at the hearing, or such person
as he/she may designate, shall have the power to administer oaths,
to issue subpoenas and 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 Municipal
Investigations Law, N.J.S.A. 2A:67A-1 et seq., shall apply.
(4)
The testimony of all witnesses relating to any application
for development shall be taken under oath or affirmation by the presiding
officer, and the right of cross-examination shall be permitted to
all interested parties through their attorneys, 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.
(5)
Technical rules of evidence shall not be applicable
to the hearing, but the Board may exclude irrelevant, immaterial or
unduly repetitious evidence.
(6)
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, upon request to any interested party at his/her expense,
provided that the Common Council may provide by ordinance for the
City to assume the expense of any transcripts necessary for appeal
to the Common Council of decisions by the Land Use Board approving
use variances, up to a maximum amount as specified by the ordinance.
(7)
Each decision on an application for development shall
be in writing and shall include the findings of fact and conclusions
based thereon.
(a)
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.
(b)
The Board may provide such written decision
and findings and conclusions either on the date of the meeting on
which the Board 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 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 of the Board thereon. Any action resulting
from the failure of a motion to approve an application shall be memorialized
by resolution as provided above, notwithstanding the time at which
such action occurs is within the applicable time period for rendering
a decision on the application.
(c)
The adoption of a resolution of memorialization
pursuant to this subsection 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
of the Board who voted for the action previously taken, and no other
members shall vote thereon. The vote on such resolution shall be deemed
to be a memorialization of an action of the Board and not to be an
action of the Board. However, 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.
(d)
Whenever a resolution of memorialization is
adopted in accordance with this subsection, the date of such adoption
shall constitute the date of decision for the purposes of mailings,
filings and publications required by this section.
(8)
A copy of the decision shall be mailed by the Board,
within 10 days of the date of the decision, to the applicant or, if
represented, then to his/her 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 zoning office and
a copy forwarded to the Pinelands Commission. The Board Secretary
shall make a copy of such filed decision available to any interested
party for a reasonable fee and available for public inspection during
reasonable hours.
(9)
A brief notice of the decision shall be published
in the official newspaper of Egg Harbor City. Such publication shall
be arranged by the Board for a reasonable fee for such service, the
printing costs to also be paid by the applicant. Nothing contained
in this chapter shall be construed as preventing the applicant from
arranging such publication if he/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 municipality
or by the applicant.
(10)
At the request of the developer, the Land Use Board
shall grant an informal review at a meeting of a concept plan for
a development for which the developer intends to prepare and submit
an application for development. The developer shall not be required
to submit any fees for such an informal review. A developer shall
be bound by any concept plan for which review is requested; the Land
Use Board shall not be bound by any such review. Such informal review
shall not include any review work by the Board's professionals unless
a satisfactory escrow is deposited for review costs.
E.
Notice of applications. Notice pursuant to Subsection E(1) through (9) of this section shall be given by the applicant and shall be given at least 10 days prior to the date of the hearing. Notices to the New Jersey Pinelands Commission shall be made pursuant to § 170-32 of Article V.
(2)
Public notice shall be given in the event that variance
relief is requested as a part of an application for development otherwise
excepted herein from public notice. Public notice shall be given by
publication in the official newspaper of Egg Harbor City.
(3)
Notice of a hearing requiring public notice pursuant to Subsection A of this section shall be given to the owners of all 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. This requirement shall be deemed satisfied by notice to the condominium association, in the case of any unit owners whose unit has a unit above or below it, or the horizontal property regime, in the case of any co-owner who has an apartment above or below it. Notice shall be given by:
(4)
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, 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.
(5)
Upon the written request of an applicant, the Tax Assessor shall, within seven days, make and certify a list from said current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection E(3) of this section. In addition, the Tax Assessor shall include on the list the names, addresses and positions of those persons who, not less than 7 days prior to the date on which the applicant requested the list, have registered to receive notice pursuant to Subsection E(10) of this section. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner or to any public utility, cable television company or local utility not on the list shall not invalidate any hearing or proceeding. A sum not to exceed $0.25 per name, or $10, whichever is greater, may be charged for such list.
(6)
Notice of hearings on applications for development
involving properties located within 200 feet of an adjoining municipality
shall be given by personal service or certified mail to the Clerk
of such municipality.
(7)
Notice shall be given by personal service or certified
mail to the Atlantic County Planning Advisory Board of a hearing on
an application for development of property adjacent to an existing
county road or proposed road shown on the Official County Map or the
County Master Plan, adjoining other county land or situated within
200 feet of a municipal boundary.
(8)
Notice shall be given by personal service or certified
mail to the Commissioner of Transportation of a hearing on an application
for development of property adjacent to a state highway.
(9)
Notice shall be given by personal service or certified mail to the State Planning Commission of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Board pursuant to § 170-4 of this article.
(10)
Notice of hearings on applications for approval of a major subdivision or a site plan not defined as a minor site plan under this chapter requiring public notice pursuant to Subsection E(1) of this section shall be given, in the case of a public utility, cable television company or local utility which possesses a right-of-way or easement within the City and which has registered with the City in accordance with N.J.S.A. 40:55D-12.1, by 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 mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form.
(11)
The applicant shall file an affidavit of proof of
service with the Board holding the hearing on the application for
development in the event that the applicant is required to give notice
pursuant to this section.
F.
Notice concerning Master Plan. The Land Use Board
shall give:
(1)
Public notice on a hearing of the adoption, revision
or amendment of the Master Plan; such notice shall be given by publication
in the official newspaper of Egg Harbor City at least 10 days prior
to the date of the hearing.
(2)
Notice by personal service or certified mail to the
Clerk of an adjoining municipality shall be given at least 10 days
prior to the date of any hearing on the adoption, revision or amendment
of a Master Plan involving property situated within 200 feet of such
adjoining municipality.
(3)
Notice by personal service or certified mail to the
Atlantic County Planning Advisory Board and Pinelands Commission shall
be given at least 10 days prior to the date of all hearings on the
adoption, revision or amendment of the Municipal Master Plan. Such
notice shall include a copy of any such proposed Master Plan or any
revision or amendment thereto. Not more than 30 days after the date
of such adoption, revision or amendment of a Master Plan, notice of
such adoption, revision or amendment shall be given to the Atlantic
County Planning Advisory Board and the Pinelands Commission, which
shall include a copy of the Master Plan or revision or amendment thereto.
Amendments adopted by the City shall not take effect until the requirements
of N.J.A.C. 7:50-3.45 have been met.
G.
Effect of mailing notice. Any notice made by certified
mail pursuant to this chapter shall be deemed complete upon mailing.
H.
Ordinance, capital improvement and Official Map notices.
(1)
Notice by personal service or certified mail shall
be made to a Clerk of an adjoining municipality of all hearings on
the adoption, revision or amendment of a development regulation involving
property situated within 200 feet of such adjoining municipality at
least 10 days prior to the date of any such hearing.
(2)
Notice to Atlantic County Planning Advisory Board
and Pinelands Commission.
(a)
Notice by personal service or certified mail
shall be made to the Atlantic County Planning Advisory Board and Pinelands
Commission of:
[1]
All hearings on the adoption, revision or amendment
of any development regulation at least 10 days prior to the date of
the hearings.
[2]
The adoption, revision or amendment of the Municipal
Capital Improvement Program or Municipal Official Map not more than
30 days after the date of such adoption, revision or amendment.
(b)
Any notice provided hereunder shall include
a copy of the proposed development regulation, the Municipal Official
Map or the Municipal Capital Program, or any proposed revision or
amendment thereto, as the case may be. Amendments adopted by the City
shall not take effect until the provisions of N.J.A.C. 7:50-3.45 have
been met.
(3)
Notice of hearings to be held pursuant to this section
shall state the date, time and place of the hearing and the nature
of the matters to be considered. Any notice by certified mail pursuant
to this section shall be deemed complete upon mailing.
I.
Filing of ordinances. The zoning, subdivision or site plan review provisions of this chapter, or any revision or amendment thereto, shall not take effect until a copy thereof shall be filed with the Atlantic County Planning Advisory Board and certified by the Pinelands Commission pursuant to § 170-32. The Official Map of Egg Harbor City shall not take effect until filed with the Atlantic County Clerk.
J.
Appeal to the Common Council.
(1)
Any interested party may appeal to the Common Council
a final decision of the Land Use Board approving an application for
use variance pursuant to this chapter. Such appeal may be made within
10 days of the date of publication of such final decision. The appeal
to the Common Council shall be made by serving the City Clerk in person
or by certified mail with a notice of appeal specifying the grounds
thereof and the names and addresses of the appellant and the name
and address of his/her attorney, if represented. Such appeal shall
be decided by the Common Council only upon the record established
before the Land Use Board.
(2)
Notice of the meeting to review the record below shall
be given by the Common Council by personal service or by certified
mail to the appellant, to those entitled to notice of a decision pursuant
to this chapter and to the Land Use Board at least 10 days prior to
the date of the meeting. Notice to the Land Use Board shall be deemed
complete only when both the Secretary to the Land Use Board and the
attorney for the Land Use Board have received notice of the hearing.
The parties may thereafter submit oral and written argument on the
record at such meeting, and the Common Council shall provide a verbatim
recording and transcripts of such meeting.
(3)
The appellant shall, within five days of service of
the notice of appeal, arrange for a transcript pursuant to this chapter
for use by the Common Council and pay a deposit of $50 or the estimated
cost of such transcription, whichever is less. In the alternative,
the appellant may, within 35 days of service of the notice of appeal,
submit a transcript as otherwise arranged to the City Clerk. Failure
of the appellant to arrange for a transcript as set forth above shall
result in dismissal of the appeal. The Common Council shall conclude
a review of the record below not later than 95 days from the date
of publication of the decision below unless the applicant consents,
in writing, to the extension of such period. Failure of the Common
Council to hold a hearing and complete a review of the record below
and to render a decision within such specified period shall constitute
a decision affirming the action of the Land Use Board.
(4)
The Common Council may reverse, remand or affirm,
wholly or in part, or may modify the final action of the Land Use
Board.
(5)
The affirmative vote of a majority of the full authorized
membership of the Common Council shall be necessary to reverse or
remand to the Land Use Board or to impose conditions on or alter conditions
to any final action of the Land Use Board. Otherwise the final actions
of the Land Use Board shall be deemed to be affirmed; a tie vote of
the Common Council shall constitute affirmance of the decision of
the Land Use Board.
(6)
An appeal to the Common Council shall stay all proceedings
in furtherance of the action with respect to which the decision appealed
from was made unless the Land Use Board, from whose action the appeal
is taken, certifies to the Common Council, after the notice of appeal
shall have been filed with such Land Use 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 whom the appeal is taken and on good
cause shown.
(7)
The Common Council shall mail a copy of the decision
to the appellant or, if represented, then to his/her attorney, without
separate charge, the Pinelands Commission 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 Egg Harbor City. Such publication
shall be arranged by the City Clerk for a reasonable fee for such
service and with printing costs to be also paid by the applicant.
Nothing contained herein shall be construed as preventing the applicant
from arranging such publication if he/she so desires. 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
City Clerk or the applicant.
(8)
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.
K.
Enforcement.
(1)
The Common Council shall enforce the provisions of
the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), the Pinelands
Protection Act (N.J.S.A. 13:18A-1 et seq.), the Comprehensive Management
Plan and the provisions of this chapter. To that end, the Common Council
shall require the issuance of specified permits, certificates or authorizations
as a condition precedent to:
(2)
In case any building or structure is erected, constructed,
altered, repaired, converted or maintained or any building, structure
or land is used or developed in violation of this chapter or any other
ordinance of Egg Harbor City, the Common Council and its agents or
interested party, in addition to other remedies, may institute any
appropriate action or proceeding to prevent such unlawful erection,
construction, reconstruction, alteration, repair, conversion, maintenance
or use to restrain, correct or abate such violation, to prevent the
occupancy of such building, structure or land or to prevent any illegal
act, conduct, business or use in or about such premises.
L.
Appeal to the Board of Public Utilities. If a public
utility, as defined in N.J.S.A. 48:2-13, is aggrieved by the action
of a board or municipal agency through its exercise of its powers
under this chapter with respect to any action in which the public
utility has an interest, an appeal to the Board of Public Utility
Commissioners of the State of New Jersey may be taken within 35 days
after such action, without appeal to the Common Council, unless such
public utility so chooses. In such case, appeal to the Public Utility
Commissioners may be taken within 35 days after action by the Common
Council. A hearing on the appeal of a public utility to the Public
Utility Commissioners shall be had on notice to the agency from which
appeal is taken to all parties primarily concerned, all of whom shall
be afforded an opportunity to be heard. If, after such hearing, the
Board of Public Utility Commissioners shall find that the present
or proposed use by the public utility of the land described in the
petition is necessary for the service, convenience or welfare of the
public, the public utility may proceed in accordance with such decision
of the Board of Public Utility Commissioners, this chapter or any
regulation made thereunder to the contrary notwithstanding. This chapter
or any regulation made hereunder shall not apply to a development
proposed by a public utility for installation in more than one municipality
for the furnishing of service if, upon a petition of the public utility,
the Board of Public Utility Commissioners shall, after hearing, of
which any municipalities affected shall have notice, decide the proposed
installation of the development in question is reasonably necessary
for the service, convenience or welfare of the public. Nothing in
this chapter shall be construed to restrict the right of any interested
party to obtain a review of the action of the municipal board or agency
or of the Board of Public Utility Commissioners by any court of competent
jurisdiction according to law.
M.
Exclusive authority of Land Use Board. Any power expressly
authorized by this chapter to be exercised by the Land Use Board shall
not be exercised by any other body, except as otherwise provided in
this chapter.
N.
Tolling of running of period of approval. In the event
that, during the period of approval heretofore or hereafter granted
to an application for development, 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 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 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.
O.
Conditional approvals.
(1)
In the event that the developer submits an application
for development proposing a development that is barred or prevented,
directly or indirectly, by legal action instituted by any state agency,
political subdivision or other party to protect the public health
and welfare or by a directive or other 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
for development in accordance with this chapter, and, if such application
for development complies with this chapter, the Board shall approve
such application conditioned upon the removal of such legal barrier
to development.
(2)
In the event that development proposed by an application
or development requires an approval by a governmental agency other
than the local Board, the Board shall, in appropriate circumstances,
condition its approval upon the subsequent approval of such governmental
agency. However, the Board shall make a decision on any application
for development 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.
P.
Payment of taxes. Every application for development
submitted to the Land Use Board shall be accompanied by proof that
no taxes or assessments for local improvements are due or delinquent
on the property which is the subject of such application. Taxes shall
be kept current while any application is pending or under review.
The Board may, however, agree to condition any approval or any relief
either upon the prompt payment of such taxes or assessments or the
making of adequate provision thereof in such manner that the City
will be adequately protected.
[Added 2-25-1993 by Ord. No. 3-1993]
A protest against any proposed amendment or
revision of this chapter may be filed with the City Clerk, signed
by the owners of 20% or more of the area either of the lots or land
included in such proposed change or of the lots or land extending
200 feet in all directions therefrom inclusive of street space, whether
within or without the municipality. Such amendment or revision shall
not become effective following the filing of such protest except by
the favorable vote of 2/3 of all members of the Common Council.
A.
Preparation, contents and modification. The Land Use
Board may prepare and, after public hearing, adopt or amend a Master
Plan or component parts thereof to guide the use of lands within the
City in a manner which protects public health and safety and promotes
the general welfare. The Master Plan shall generally compromise a
report or statement and land use and development proposals with maps,
diagrams and text.
[Amended 8-28-2014 by Ord. No. 9-2014]
B.
Specific components.
(1)
The Master Plan may include any or all of the following
elements, as appropriate:
(a)
A statement of objectives, principals, assumptions,
policies and standards upon which the constituent proposals or the
physical, economic and social development of the City are based.
(b)
A land use plan element:
[1]
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.
[2]
Showing the existing and proposed location,
extent and intensity of development of land to be used in the future
for varying types of residential, commercial, industrial, agricultural,
recreational, educational and other public and private purposes or
accommodation of purposes.
[3]
Including a statement of the standards of population
density and development intensity recommended for the City.
(c)
A housing plan element, including but not limited
to residential standards and proposals for the construction and improvement
of housing.
(d)
A circulation plan element showing the location
and types of facilities for all modes of transportation required for
the efficient movement of people and goods into, about and through
the municipality.
(e)
A utility service plan element analyzing the
need for and showing the future general location of water supplies
and distribution, facilities, drainage and flood-control facilities,
sewerage and waste treatment, solid waste disposal and provision for
other related utilities.
(f)
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.
(g)
A recreation plan element showing a comprehensive
system of areas and public sites for recreation.
(h)
A conservation plan element providing for the
preservation, conservation and utilization of natural resources, including,
to the extent appropriate, open space, water, forests, soil, marshes,
wetlands, harbors, rivers and other waters, fisheries, wildlife and
other nature resources.
(i)
An energy conservation plan element which systematically
analyzes the impact of each other component and element of the Master
Plan on the present and future use of energy in the City, details
specific measures contained in the other plan elements designed to
reduce energy consumption and proposes other measures that the City
may take to reduce energy consumption and to provide for the maximum
utilization of renewable energy resources.
(j)
Appendices or separate reports containing the
technical information for the Master Plan and its constituent elements.
(k)
A proposed Official Map developed in accordance
with the provisions of this chapter.
(l)
A proposed capital improvements program developed
in accordance with the provisions of this chapter.
(m)
Such other elements as the Land Use Board may
find useful or appropriate.
[Amended 8-28-2014 by Ord. No. 9-2014]
(2)
The Master Plan and its plan elements may be divided
into subplans and subplan elements projected according to periods
of time or staging sequences.
C.
Relations 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:
A.
Pinelands Areas. With the exceptions of the development activities listed in Subsection A(1) below, all applications for development in Egg Harbor City shall file an application for development with the Pinelands Commission pursuant to the Pinelands Area procedures set forth in Article V.
(1)
Exceptions to Pinelands applications.
[Amended 7-24-1997 by Ord. No. 7-1997]
(a)
The improvement, expansion or reconstruction,
within five years of destruction or demolition, of any single-family
dwelling unit or appurtenance thereto.
(b)
The improvement, expansion, construction or
reconstruction of any structure accessory to a single-family dwelling.
(c)
The improvement, expansion, construction or
reconstruction of any structure used exclusively for agricultural
or horticultural purposes.
(d)
The construction, repair or removal of any sign,
except for the construction or replacement of any off-site commercial
advertising sign.
(e)
The repair of existing utility distribution
lines; and the installation of utility distribution lines, except
for sewage lines, to serve areas which are effectively developed or
development which has received all necessary approvals and permits.
(f)
The clearing of less than 1,500 square feet
of land.
(g)
The construction of any addition or accessory structure for
any nonresidential use or any multifamily residential structure provided
that:
[Amended 11-8-2018 by Ord. No. 14-2018]
[1]
If the addition or structure will be located on or below an
existing impervious surface, either the existing use is served by
public sewers or the addition or structure will generate no wastewater
flows, and said addition or structure will cover an area of no more
than 4,999 square feet; and
[2]
If the addition or structure will not be located on or below
an impervious surface, said addition or structure will generate no
wastewater flows and will cover an area of no more than 1,000 square
feet.
(h)
The demolition of any structure less than 50
years old.
(i)
The repair or replacement of any existing on-site
wastewater disposal system.
(j)
The repaving of existing paved roads and other paved surfaces,
provided no increase in the paved width or area of said roads and
surfaces will occur.
[Amended 11-8-2018 by Ord. No. 14-2018]
(k)
The clearing of land solely for agricultural or horticultural
purposes.
[Amended 11-8-2018 by Ord. No. 14-2018]
(l)
Fences, provided that no more than 1,500 square
feet of land is to be cleared.
(m)
Aboveground telephone equipment cabinets.
(n)
Tree pruning.
(o)
The following forestry activities:
[1]
Normal and customary forestry practices on residentially
improved parcels of land that are five acres or less in size.
[2]
Tree harvesting, provided that no more than
one cord of wood per five acres of land is harvested in any one year
and that no more than five cords of wood are harvested from the entire
parcel in any one year.
[3]
Tree planting, provided that the area to be
planted does not exceed five acres in any one year, no soil disturbance
occurs other than that caused by the planting activity and no trees
other than those authorized by N.J.A.C. 7:50-6.25 are to be planted.
[4]
Forest stand improvement designed to selectively
thin trees and brush, provided that no clearing or soil disturbance
occurs and that the total land area on the parcel in which the activity
occurs does not exceed five acres in any one year.
(p)
Prescribed burning and the clearing and maintaining
of firebreaks.
(q)
Normal and customary landscape planting, unless a landscaping plan is required pursuant to § 170-31A(1)(t) or § 170-73A(3).
(r)
The installation of an accessory solar energy facility on any
existing structure or impervious surface.
[Added 11-8-2018 by Ord.
No. 14-2018]
(s)
The installation of a local communications facilities antenna
on an existing communications or other suitable structure, provided
such antenna is not inconsistent with any comprehensive plan for local
communications facilities approved by the Pinelands Commission pursuant
to N.J.A.C. 7:50-5.4(c)6.
[Added 11-8-2018 by Ord.
No. 14-2018]
(t)
The establishment of a home occupation within an existing dwelling
unit or structure accessory thereto, provided that no additional development
is proposed.
[Added 11-8-2018 by Ord.
No. 14-2018]
(u)
The change of one nonresidential use to another nonresidential
use, provided that the existing and proposed uses are or will be served
by public sewers and no additional development is proposed.
[Added 11-8-2018 by Ord.
No. 14-2018]
(2)
Certificate of filing or notice of filing from Pinelands Commission. No application for development approval located within the Pinelands Area of Egg Harbor City shall be deemed complete unless it is accompanied by a certificate of filing or notice of filing from the Pinelands Commission as set forth in § 170-32.
B.
Coastal area. In addition to the requirements set forth in Subsection A of this section, any development in the PA District shall make application to the New Jersey Department of Environmental Protection, Division of Coastal Resources, for a Coastal Area Facilities Review Act wetlands or waterfront development permit as required by the applicable legislation. In order to be deemed complete, this application shall be accompanied by a Pinelands certificate of filing or notice of filing.
