This instant chapter is adopted by the City of Pleasantville,
County of Atlantic, State of New Jersey, as a comprehensive ordinance
for the purposes of supporting and advancing the principles, objectives
and recommendations contained in the City's 2008 Comprehensive Master
Plan Update by:
A.
Establishing the regulatory powers to guide and regulate the orderly
growth, development and redevelopment of the City of Pleasantville
in accordance with a well-considered plan and to manage the use and
development of lands and buildings in the City;
B.
Establishing standards for the regulation of building envelopes and
yard areas in the various sections of the City;
C.
Establishing standards for the density and distribution of population
within the City;
D.
Dividing the various sections of the City into zoning districts of
such number, shape and area and of such different classes according
to use of land and buildings, height and bulk of buildings, intensity
of use of lot areas, areas of open space and other classifications
as best suited to regulate development;
E.
Adopting a Zoning Map for the City, depicting the boundaries and
classifications of such zoning districts;
F.
Establishing rules, regulations and standards governing the subdivision
of lands within the City;
G.
Providing for procedures for the grant of variances from such regulations,
standards, restrictions and limitations;
H.
Establishing a Planning Board and a Zoning Board of Adjustment for
the City;
I.
Establishing regulations pertaining to preexisting lots, structures
and uses which do not conform to the regulations, standards, restrictions
and limitations established by this chapter; and
J.
Prescribing penalties for the violation of any provisions of this
chapter.
The short form by which this chapter may be known shall be the
"Land Management Code of the City of Pleasantville."
A.
The New Jersey Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.)
grants municipalities the power to manage the physical development
of the lands within their corporate boundaries and provides the following
guiding purposes to be achieved by their land use/development regulations:
(1)
To encourage municipal action to guide the appropriate uses or development
of all lands in this state, in a manner which will promote that public
health, safety, morals and general welfare;
(2)
To secure safety from fire, flood, panic and other natural and man-made
disasters;
(3)
To provide adequate light, air and open space;
(4)
To ensure that the development of the City does not conflict with
the development and general welfare of neighboring municipalities,
the county and state as a whole;
(5)
To promote the establishment of appropriate population densities
and concentrations that will contribute to the well-being of persons,
neighborhoods, communities and regions and preservation of the environment;
(6)
To encourage the appropriate and efficient expenditure of public
funds by the coordination of public development with land use policies;
(7)
To provide sufficient space in appropriate locations for a variety
of agricultural, residential, recreational and 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)
To encourage the location and design of transportation routes which
will permit the free flow of traffic while discouraging location of
such facilities and routes which will result in congestion or blight;
(9)
To provide a desirable visual environment through creative development
techniques and good civic design and arrangements;
(10)
To promote the conservation of historic sites and districts,
open space, energy resources and valuable natural resources in the
state and to prevent urban sprawl and degradation of the environment
through improper use of land;
(11)
To 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 of
the particular site;
(12)
To encourage senior citizen community housing construction;
(13)
To 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;
(14)
To promote utilization of renewable energy resources; and
(15)
To promote the maximum practicable recovery and recycling of
recyclable materials from municipal waste through the use of planning
practices designed to incorporate the State Recycling Plan goals and
to complement municipal recycling programs.
B.
The City of Pleasantville affirms its commitment to these purposes
and adopts same as general guidelines for this chapter.
A.
In their interpretation and application, the provisions of this chapter
shall be held to be minimum requirements for the promotion of the
public health, safety, comfort, morals and general welfare in the
City.
B.
Where the provisions of this chapter impose greater restriction than
those of any provision of law, statute, rule or regulation, the provisions
of this chapter shall control. Where the provisions of any law, statute,
rule or regulation impose greater restrictions than this chapter,
the provisions of such law, statute, rule or regulation shall control.
C.
In the event of any conflict in terminology of any section or part
of this chapter, the more restrictive provision shall control.
D.
This chapter, being necessary for the welfare of the City and its
inhabitants, shall be construed liberally to effect the purposes thereof.
A.
Jurisdiction. The provisions of this chapter shall apply to all structures,
lands and land uses within the corporate limits of the City of Pleasantville,
Atlantic County, New Jersey.
B.
General application.
(1)
All buildings and structures erected hereafter, all uses of land or buildings established hereafter, all structural alterations or relocations of existing buildings occurring hereafter and all enlargements of, additions to, changes in and relocations of existing uses occurring hereafter shall be subject to the regulations of this chapter. Existing buildings, structures and uses which do not comply with the regulations of this chapter shall be allowed to continue, subject to the provisions of § 300-20, addressing preexisting nonconformities.
(2)
All applicable requirements of this chapter shall be met prior to
any erection, enlargement, alteration, moving or change in use of
a structure and shall apply to the entire structure or structures,
whether or not the entire structure or structures were the subject
of the erection, enlargement, alteration, moving or change in use.
C.
General prohibition. No building or structure, no use of any building,
structure or land, and no lot of record or other lot now existing
shall, after the adoption of this chapter, be created, erected, altered,
moved, added to, enlarged, divided, used or maintained for or in any
manner or purpose except as authorized by and in conformance with
the provisions of this chapter.
D.
Utility uses.
(1)
The following utility uses are permitted in all zoning districts,
subject to the provisions of this chapter: poles, wires, cables, conduits,
vaults, laterals, pipes, mains, valves or any other similar equipment,
but not including substations located on or above the surface of the
ground for the distribution to consumers of telephone, cable, television
or other communications, electricity, gas or water or for the collection
of sewage or surface water.
(2)
The provisions of this chapter 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
pursuant to N.J.S.A. 40:55D-19, the Board of Public Utility Commissioners
shall, after a hearing of which the City of Pleasantville shall have
been given notice, decides that the proposed installation is reasonably
necessary for the service, convenience or welfare of the public, nor
shall it apply to any public utility use to the extent authorized
by a decision of the Board of Public Utility Commissioners as follows.
E.
General exemptions.
(1)
Private agreements. Nothing in this chapter shall be construed to
repeal, abrogate, annul or otherwise impair or interfere with any
easement, covenant or other private agreement or legal relationship;
provided, however, that where the regulations of this chapter are
more restrictive or impose higher standards or requirements than such
easements, covenants or other private agreements or legal relationships,
the regulations of this chapter shall govern.
(2)
Preexisting approvals.
(a)
Any variance or land use approval lawfully issued prior to the effective date of this chapter, or any amendment to such variance or land use approval which was lawfully issued pursuant to the provisions in effect after the effective date of this chapter, shall be deemed to be and continue valid after such effective date. Any structure or use lawfully authorized by any such variance land use approval which could not be so issued after such effective date shall be allowed to continue, subject to the provisions of § 300-20, addressing preexisting nonconformities.
(b)
Nothing in this chapter shall be deemed to require any change
in the plans, construction or designated use of any structure in the
event that:
[1]
A building permit for such structure was lawfully issued prior
to the effective date of this chapter or any amendment thereof;
[2]
Such permit had not by its own terms expired prior to such effective
date;
[3]
Such permit was lawfully and properly issued in accordance with
the law prior to such effective date;
[4]
There has been a substantial change of position, substantial
expenditures or incurrence of substantial obligations by the permit
holder in good faith and justifiable reliance on such permit;
[5]
Such change of position, expenditures or incurrence of obligations
occurred prior to the time the permit holder had actual or constructive
knowledge of any proposed amendment to this chapter which would, upon
adoption, make the issuance of such permit illegal;
[6]
Construction pursuant to such permit commenced prior to the
expiration of such permit and within 90 days following the effective
date and is thereafter diligently pursued to completion.
(3)
Occupancy as a nonconformity. Upon completion of a structure which does not comply with the regulations made applicable to it by this chapter pursuant to a preexisting building permit as authorized by § 300-5E(2)(b) above, such structure may be occupied by and a certificate of occupancy or occupancy permit shall be issued for the use designated on such permit, subject thereafter to the provisions of § 300-20, addressing preexisting nonconformities.
F.
Pending applications.
(1)
Applicability. This chapter and any amendment thereof to which this
section is expressly made applicable shall apply to all applications
pending and not yet finally decided on the effective date of this
chapter. Applications pending on the date of any amendment of this
chapter to which this section is not expressly made applicable by
the terms of the ordinance adopting such amendment shall be decided
in accordance with the law in effect on the date such application
was filed.
(2)
Duty of City officials.
(a)
Within 20 days following the effective date of this chapter
or any amendment thereof to which this section is expressly made applicable,
any City official, agency, board or department then having pending
before it any application to which this chapter or such amendment
applies shall transmit a copy of such application to the Zoning Officer.
(b)
Within 30 days following the effective date of this chapter or any amendment thereof to which this section is expressly made applicable, or such shorter time as may be necessary to comply with time limits for processing applications imposed by other provisions of this chapter, the Zoning Officer shall inform each applicant named on each application referred pursuant to Subsection F(2)(a) above that such application is subject to amended regulations and will be processed in accordance with such amended regulations; that the applicant may, within 30 days following the mailing of such notice, refile such application without additional application fee, but with any such additional escrow fees as may be required for any third-party professional to process such application on behalf of the City official, agency, board or department; and that if he/she does not so refile, the application may be denied for noncompliance with the provisions of this chapter, as amended.
(3)
Duty of applicant.
(a)
Notwithstanding the foregoing provisions, it shall be the responsibility
of each applicant having an application pending on the effective date
of this chapter, or any amendment thereof to which this section is
expressly made applicable, to modify such application in accordance
with the terms and provisions of this chapter, as amended, and the
failure to do so may result in denial of such application for failure
to comply with this chapter, as amended.
(b)
Any modification or refiling of an application pending on such
effective date in order to comply with the provisions of this chapter,
as amended, shall be permitted at any time prior to the final disposition
of such application and shall be permitted without payment of any
additional application fee, but shall require such additional escrow
fees as may be necessary for any third-party professional to process
such application on behalf of the City official, agency, board or
department. Such refiling shall start anew any time limits imposed
by this chapter on the processing of such application.
(4)
Processing. Upon the refiling of any pending application as provided
for herein, or upon notification from the applicant that he/she will
not refile or modify the application or to prosecute the application
in accordance with the time limits otherwise applicable to the processing
of such application, whichever occurs first, such pending application
shall be processed in accordance with the terms of this chapter, as
amended.
A.
Notwithstanding any other provisions of this chapter, the authority
of the Zoning Officer, Planning Board, Board of Adjustment and City
Council to regulate development in the City of Pleasantville is hereby
authorized to continue pursuant to this chapter.
B.
Members of the Pleasantville Planning Board and Pleasantville Zoning
Board of Adjustment serving on such Boards on the effective date of
this chapter shall continue in office until the completion of their
terms as provided by law immediately prior to the effective date of
this chapter. Any new appointments or reappointments to said Boards
shall be governed by the provisions of this chapter.
The several provisions and sections of this chapter shall be
severable in accordance with the following rules:
A.
Should any provision of any article, section, subsection, paragraph,
subdivision or clause of this chapter be judged invalid by a court
of competent jurisdiction, such order or judgment shall not affect
or invalidate the remainder of any article, section, subsection, paragraph,
subdivision or clause of this chapter and, to this end, the provisions
of each article, section, paragraph, subdivision or clause of this
chapter are hereby declared to be severable.
B.
Should
any court of competent jurisdiction adjudge invalid the application
of any provision of this chapter to a particular property, building
or structure, such judgment shall not affect the application of said
provision to any other property, building or structure.
A.
Civil and administrative enforcement. Should any building or structure
be erected, constructed, reconstructed, altered, repaired, converted
or maintained, or any building, structure or land be used, or any
work be done in violation of this chapter, the City and its designated
agents or any interested party may, in addition to other remedies:
(1)
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 said building, structure or land; or to
prevent any illegal act, conduct, business or use in or about such
premises; and/or
(2)
Revoke any permit or approval issued or granted pursuant to this
chapter without regard to whether work has begun or a use has been
commenced pursuant to such permit or approval.
B.
Violations and penalties.
(1)
In addition to the civil remedies provided herein, the owner, general
agent or contractor, lessee or tenant of any part of a building or
premises in which a violation of the provisions of this chapter has
been committed or found to exist, and the general agent, architect,
builder, contractor or any other person who commits, takes part in
or assists in such violation shall, upon conviction in the Municipal
Court of the City of Pleasantville, be punished for each offense by
a fine of not less than $250 and not more than $2,000, by imprisonment
for a term not exceeding 90 days in the county jail or in any place
provided by the City of Pleasantville for the detention of prisoners,
by a period of community service not exceeding 90 days, or by any
combination thereof.
(2)
Each separate provision of this chapter violated and each and every
day on which any such violation continues shall be considered a separate
offense. The Municipal Judge before whom any such person may be convicted
of violating any provision of this chapter shall have power to impose
any fine or term of imprisonment not exceeding the maximum fixed herein.
(3)
Any person convicted of any such violation under this section shall
pay all costs and expenses incurred by the City in determining such
violation.
(4)
Penalties for such violations shall be collected and violations of
this chapter shall be prosecuted in the manner prescribed by law or
ordinance effective in the City of Pleasantville.
(5)
Nothing in this chapter shall be construed as depriving the City
of Pleasantville or the City Council thereof of any other available
remedy.
