Atlantic City, NJ Article IX Official Map

§ 163-44 Preparation and adoption.

[Amended 6-15-1988 by Ord. No. 1-1988]

The Planning Board shall prepare and the City Council may, by ordinance, adopt or amend an Official Map of the City of Atlantic City pursuant to the standards and procedures set forth in this article in conjunction with the development and adoption of a Master Plan as provided in Article VIII of this chapter. The Official Map may consist of one or more maps containing the information pursuant to provisions of § 163-45B.

§ 163-45 Definition and contents.

A. The Official Map shall implement and shall be consistent with the Master Plan, except to the extent that deviations from the Master Plan are authorized pursuant to § 163-47 below.

B. The Official Map shall show the streets, public drainageways and flood control basins and public areas planned, proposed and existing in the City and shall be final and conclusive with respect to the location and size of such streets, drainage and flood control systems and public areas shown thereon, whether the same shall be improved or unimproved, existing, planned or proposed.

§ 163-46 Purpose and binding effect.

A. Reservation of public ways and areas. Following the adoption of the Official Map or any amendments thereto, the City may, upon receiving an application for development, reserve for future public use the aforesaid streets, ways, basins and areas in the manner provided in § 163-128D of this chapter.

B. Permits in mapped areas. Following the adoption of the Official Map or any amendment thereto, no permit for any building or structure in the bed of any street, drainageway, flood control basin or public area shown thereon shall be issued by any official, board or agency of the City unless an Official Map variance has been authorized and the issuance of such permit has been directed pursuant to § 163-168D(1) of this chapter.

C. Permits for structures not abutting a street.

(1) Following adoption of the Official Map or any amendment thereto, no permit for the erection of any building or structure shall be issued unless:

(a) A street shown on the Official Map, as amended from time to time and improved in accordance with the requirements of this chapter, gives access to such building or structure;

(b) A street so improved gives such access and is either an existing public street, a street shown on a plat approved by the Planning Board or a street shown on a plat duly filed with the Atlantic County recorder's office prior to the adoption of any ordinance requiring the approval of such plat by the City of Atlantic City: or

(c) A variance from such requirements has been granted and the issuance of such permit has been directed pursuant to § 163-168D(2) of this chapter.

(2) Access by means of the Boardwalk shall not be construed to satisfy the access requirements of this section.

D. Public improvements. Public improvements shown on the Official Map, whether provided by a public agency or by a developer pursuant to §§ 163-23 through 163-33 of this chapter, shall be laid out, designed, sized and installed as shown on the Official Map.

E. Binding effect. The Official Map shall, upon being proposed by the Planning Board as part of the Master Plan, have the same binding effect as provided for the Master Plan in § 163-42 of this chapter. In addition, following its adoption by the City Council pursuant to the provisions of this article, the Official Map shall have the effect specified in Subsections A and D of this section.

§ 163-47 Procedures.

A. Map development, The Planning Board, with the assistance of the Land Use Administrator, shall exercise the powers and duties delegated to it by Article V of this chapter in the preparation of a proposed Official Map and amendments thereto in conjunction with the adoption of a Master Plan pursuant to Article VIII of this chapter.

B. Hearing on the proposed Official Map. The Planning Board shall, prior to making its recommendations on a proposed Official Map to the City Council set, notice and conduct at least one public hearing on the proposed Official Map in accordance with Part 5, Article XXXIII, of this chapter. Such hearing may be conducted simultaneously with the hearing required on the Master Plan pursuant to § 163-43B of this chapter, but separate notices of such hearings shall be given in accordance with the requirements of Part 5, Article XXXIII, of this chapter.

C. Adoption of the Official Map by the City Council. Following the development of the proposed Official Map pursuant to Subsection A above and after holding a public hearing on the proposed Official Map pursuant to Subsection B above, the Planning Board shall recommend said map to the City Council for adoption as the Official Map of the City. The City Council may, after setting, noticing and conducting a hearing pursuant to Part 5, Article XXXIII, of this chapter, adopt such map, with or without modifications, by the adoption of any ordinance so providing; provided, however, that no modification of the map as recommended by the Planning Board shall be adopted except by the affirmative vote of a majority of the full authorized membership of the City Council, with the reasons for said modifications recorded in the minutes of the Council. Where the City Council adopts the map as recommended by the Planning Board, which is inconsistent with the Master Plan, said adoption shall be by the affirmative vote of a majority of the full authorized membership of the City Council, with the reasons for said inconsistencies recorded in the minutes of the Council. The Land Use Administrator shall give notice of such decision pursuant to Part 5, Article XXXIII, of this chapter.

D. Map amendment.

(1) The Official Map or any part thereof may be amended at anytime 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 Official Map sought to be amended.

(2) Prior to the layout, widening, changing the course of or closing of any street or widening or changing the boundaries of a flood control basin in a public area, an amendment to the Official Map must be obtained in conformity with the requested change.

(3) After adoption by the Planning Board of the Master Plan or changes thereto pursuant to § 163-40 of this chapter, the Planning Board shall initiate an amendment to the Official Map pursuant to this section, which amendment shall reflect any such changes in the Master Plan.

(4) After adoption by the City Council of a capital improvements program or any changes thereto pursuant to Article X of this chapter, the Planning Board shall initiate an amendment to the Official Map pursuant to this section, which amendment shall reflect any such changes in the capital improvements program.

(5) 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.

(6) 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.

(7) 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) The name and address of the owner-applicant.

(b) The address of the affected property.

(c) Text and maps showing the proposed change or changes in the Official Map.

(d) A statement of the reason and necessity for the proposed change or changes.

(e) 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.

(f) A statement of the present use of the affected property and any proposed change in such use.

(g) 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.

(8) 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. 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.

E. Map filing. The ordinance by which the City Council adopts the Official Map or any amendment thereto shall provide that 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, Land Use Administration, the City Clerk and the City Engineer and shall cause a certificate evidencing the adoption of such map to be filed with the County Clerk of Atlantic County.