This chapter may be called the "City of Vineland
Land Use Ordinance."
The intent and purpose of this chapter is to:
A.
Guide the appropriate use or development of land in
order to promote the public health, safety, morals and general welfare.
B.
Secure safety from fire, flood, panic and other natural
and man-made disasters.
C.
Provide adequate light, air and open space.
D.
Ensure that the development of the City of Vineland
does not conflict with the development and general welfare of neighboring
municipalities, the county and the state as a whole.
E.
Promote appropriate population densities that will
contribute to the well-being of persons, neighborhoods, communities
and regions and preserve the environment.
F.
Encourage the appropriate and efficient expenditure
of public funds by the coordination of public development with land
use policies.
G.
Provide sufficient space in appropriate locations
for a variety of agricultural, residential, recreation, 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.
H.
Encourage circulation routes which will promote the
free flow of traffic while discouraging location of facilities and
routes which result in congestion or blight.
I.
Promote a desirable visual environment through good
civic design and arrangements.
J.
Promote the conservation of historic sites, open space,
energy resources and natural resources in the state and prevent urban
sprawl and degradation of the environment through improper use of
land.
K.
Encourage planned developments which incorporate the
best features of design and relate them to the particular site.
L.
Encourage the construction of senior-citizen community
housing.
M.
Encourage coordination of the various public and private
activities shaping land development, with a view of lessening costs
and increasing the efficient use of land.
N.
Promote utilization of renewable energy sources.
A.
As used in this chapter, unless the context clearly
indicates a different meaning, the word "shall" denotes a mandatory
requirement, and the word "may" denotes a permissive action.
B.
The meanings of words and terms defined by N.J.S.A.
40:55D-1 et seq. shall apply. Said meanings and other definitions
relating to specific use will be found in the appropriate sections
of this chapter.
The municipal agencies shall adopt and may amend
reasonable rules and regulations, which are consistent with the statutory
provisions and with this chapter, for the administration of their
functions and shall furnish a copy thereof to any person upon request.
Copies of such rules, regulations and amendments thereto shall be
maintained in the office of the Secretary. A reasonable fee may be
charged.
[Amended 3-14-1989 by Ord. No. 89-13; 3-8-1994 by Ord. No. 94-6; 2-12-2002 by Ord. No.
2002-2; 6-13-2006 by Ord. No. 2006-43]
A.
The following schedule is hereby established:
(1)
Resubdivision, not creating a new lot: $100.
[Amended 4-10-2007 by Ord. No. 2007-24]
(2)
Minor subdivision, creating one to four new lots:
$100 plus $50 per new lot.
(3)
Major subdivision, preliminary plat: $6,693 plus $122
per new lot.
[Amended 7-28-2009 by Ord. No. 2009-52]
(4)
Major subdivision, final plat: $500 plus $50 per new
lot.
(5)
Site plan, minor (5,000 square feet or less of proposed
developed area): $500.
(6)
Site plan, major preliminary plan,
(a)
Greater than 5,000 to 25,000 square feet of proposed developed area:
$750.
(b)
Greater than 25,000 to 50,000 square feet of proposed developed area:
$1,000.
(c)
Greater than 50,000 to 100,000 square feet of proposed developed
area: $1,500.
(d)
Greater than 100,000 to 250,000 square feet of proposed developed
area: $2,000.
(e)
Greater than 250,000 to 500,000 square feet of proposed developed
area: $3,000.
(f)
Greater than 500,000 square feet of proposed developed area: $4,000.
(g)
Planned development: $6,693 plus $122 per dwelling unit.
[Amended 7-28-2009 by Ord. No. 2009-52]
(7)
Site plan, major final plan (except when preliminary
and final are combined, then only preliminary fee applies):
(a)
Greater than 5,000 to 25,000 square feet of
proposed developed area: $375.
(b)
Greater than 25,000 to 50,000 square feet of
proposed developed area: $500.
(c)
Greater than 50,000 to 100,000 square feet of
proposed developed area: $750.
(d)
Greater than 100,000 to 250,000 square feet
of proposed developed area: $1,000.
(e)
Greater than 250,000 to 500,000 square feet
of proposed developed area: $1,500.
(f)
Greater than 500,000 square feet of proposed
developed area: $2,000.
(8)
Conditional use permit: $100.
(9)
Appeal pursuant to N.J.S.A. 40:55D-70a: $100.
(10)
Interpretation pursuant to N.J.S.A. 40:55D-70b:
$100.
(11)
Variance pursuant to N.J.S.A. 40:55D-70c (fee
does not apply if part of resubdivision, minor subdivision, major
subdivision or site plan application): $100.
[Amended 4-10-2007 by Ord. No. 2007-24]
(12)
Variance pursuant to N.J.S.A. 40:55D-70d: $500.
(13)
Permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-35:
$100.
(14)
Special meeting requested by applicant (shall
be charged in addition to other fees herein stated): $750.
(15)
Certified list of property owners to be notified:
$0.25 per name or $10, whichever is greater.
(17)
Certificate as to approval of subdivision of
land: $10.
(18)
Zoning permit (except zoning permit for residential swimming
pool and/or residential shed with 200 square feet or less of floor
area shall be 50% of stated fee).
[Amended 2-24-2015 by Ord. No. 2015-10]
(19)
Certificate of zoning compliance: $25.
(20)
Certification of nonconforming use or structure:
$25.
(21)
Research of past ordinances and approvals (shall
be charged in addition to certification of nonconforming use or structure
fee): $25.
(23)
Letter concerning developability of property by Engineering/Planning:
$37.
[Added 2-24-2015 by Ord.
No. 2015-10]
(24)
Public hearing (shall be charged in addition
to other fees herein stated): $50.
(26)
Request for extension: $10.
(27)
(Reserved)
(28)
Submission to County Planning Board: $10.
(29)
Inspections:
(a)
Resubdivision, not creating a new lot (if needed):
$50.
[Amended 4-10-2007 by Ord. No. 2007-24]
(b)
Minor subdivision, creating one to four new
lots (if needed): $50.
(c)
Major subdivision: $1,000.
(d)
Site plan, minor: $50.
(e)
Site plan, major (100,000 or less square feet
of proposed developed area): $500.
(f)
Site plan, major (greater than 100,000 square
feet of proposed developed area): $1,000.
(30)
Placement on Board agenda mailing list: $25
per annum.
(31)
Legal review and documentation preparation:
[Amended 7-28-2009 by Ord. No. 2009-52]
(a)
Major subdivision, preliminary plat: $170.
(b)
Major subdivision, final plat: $170.
(c)
Site plan, major preliminary plan: $170.
(d)
Site plan, major final plan: $170.
(e)
Appeal pursuant to N.J.S.A. 40:55D-70a: $170.
(f)
Interpretation pursuant to N.J.S.A. 40:55D-70b:
$170.
(g)
Variance pursuant to N.J.S.A. 40:55D-70c: $170.
(h)
Variance pursuant to N.J.S.A. 40:55D-70d: $170.
(i)
All other resolutions: $125.
(j)
Deed or easement review: $76.
[Added 2-24-2015 by Ord.
No. 2015-10]
(k)
All other legal services: hourly rate set by contract.
[Added 2-24-2015 by Ord.
No. 2015-10]
(32)
Association document review (e.g., homeowners',
condominium, cooperative): $275.
[Amended 7-28-2009 by Ord. No. 2009-52]
(33)
Performance and maintenance guarantee review:
$60.
B.
Notes.
(1)
NOTE: In the event that the Planning Board or Zoning
Board of Adjustment approves an application with conditions specified
in the resolution requiring plan alterations, the revised submission
shall be called a perfected plan. A perfected plan shall not be submitted
to the Planning Board or Zoning Board of Adjustment; provided, however,
that such plan shall not be signed by the Chairman and Secretary until
all the conditions of the resolution have been met. When required,
a minimum of six paper copies of a perfected plan and one digital
copy of a perfected plan (in a format compatible with the City Engineer's
electronic drafting and GIS systems using NJ State Plane Coordinate
System and NAD 83. Where survey accuracy is not utilized for the establishment
of NJSPC, sub-meter coordinates shall be used and noted on the plans)
shall be submitted to the Secretary, for which no review fee will
be charged, except for applicable legal fees and consultant escrow
fees. Only one perfected plan submission shall be allowed for each
type of application. Additional plan alterations shall be deemed resubmissions,
and appropriate fees shall be charged. A development plan which is
submitted which proposes modifications to an already submitted or
approved plan shall be considered a resubmission. Such a plan may
only be submitted as a resubmission prior to surety being released
on the project. All subsequent applications will be deemed new. A
resubmission fee is also applicable to the review of documents.
[Amended 4-10-2007 by Ord. No. 2007-24]
(2)
NOTE: Three percent per year escalator, round to nearest
dollar, and an annual review. Transcript escalator governed by N.J.S.A.
2B:7-4.
(4)
NOTE: The resolution preparation fee shall be charged
and paid at the time of application submission. The association documents
and performance and maintenance guarantee review fees shall be charged
and paid at the time of document submission.
[1]
Editor's Note: Former § 425-6, Fees for appeals,
amended 2-12-2002 by Ord. No. 2002-2, was repealed 10-27-2009 by Ord.
No. 2009-70.
[Amended 3-8-1994 by Ord. No. 94-6]
The following are exempt from the payment of any application review fee charged under § 425-5, Fees:
B.
Agencies
of the City of Vineland government or Cumberland County government.
C.
The City of Vineland Board of Education.
D.
Single-family
dwelling upon a lot, two-family dwelling upon a lot and farm - exempt
from zoning permit fee for handicapped accessibility improvements.
[Added 7-28-2009 by Ord. No. 2009-52]
A.
The Board shall fix the time and place for holding
its regular meetings.
B.
Regular meetings shall be held at least once a month
unless canceled due to a lack of applications.
C.
Special meetings may be called by the Chairman or
on the request of two members of the Board.
D.
No action shall be taken at any meeting without a
quorum being present. A "quorum" means the majority of the full authorized
membership of the Board or committee having power to act.
E.
All actions shall be taken by a majority vote of the
members present at the meeting, unless required otherwise by statute
(N.J.S.A. 40:55D-9a).
F.
All regular and special meetings shall be open to
the public. An executive session for the purpose of discussion and
study shall not be deemed a regular or special meeting.
G.
Minutes shall be kept of every regular or special
meeting and shall be made available for public inspection or use as
evidence in a legal proceeding. A reasonable fee for a copy of the
minutes may be charged.
A.
The Planning Board shall hold a hearing on each application
for development or for adoption, revision or amendment of the Master
Plan.
B.
Maps and documents which are the subject of a hearing
shall be on file and available for public inspection at least 10 calendar
days before the date of the hearing.
C.
The Board shall make rules governing such hearings.
The presiding officer has power to administer oaths and issue subpoenas.
D.
The testimony given shall be under oath, and the right
of cross-examination shall be permitted.
E.
Technical rules of evidence shall not apply, but the
Board can exclude irrelevant, immaterial or unduly repetitious evidence.
F.
A verbatim recording of the proceedings shall be kept. The fee for a transcript shall be as permitted in N.J.S.A. 2A:11-15 (see § 425-5 of this article) and shall be certified in writing by the Secretary.
G.
Each decision on a development application shall be
reduced to writing as provided under N.J.S.A. 40:55D-10g and shall
include findings of facts and conclusions thereon.
H.
A copy of the decision shall be mailed to the applicant
within 10 days of the date of the decision.
I.
A brief notice of the decision shall be published
in the official newspaper. If the Board publishes the decision in
lieu of the applicant, a reasonable fee shall be charged.
If the developer requests it, the Planning Board
shall grant an informal review of a concept plan for development for
which he intends to submit a formal application. No fees shall be
charged. The developer shall not be bound by the plan, and the Planning
Board shall not be bound by the review.
Notices shall state:
A.
The date, time and place of the hearing.
B.
The nature of the matters to be considered.
C.
The identification of the property to be developed,
by street address or by reference to the Assessor's lot and block
numbers.
D.
The location where maps and documents may be inspected
by the public.
E.
The time during which such inspections can be made.
[Amended 8-24-2004 by Ord. No. 2004-43]
Public notice and hearing shall be given on
applications for development if variances are included, if the application
is for a conditional use permit, if the application is for a revision
to the Master Plan of Street Extensions or if the application is for
preliminary approval of a major subdivision.
A.
The Board shall give public notice of applications,
when notice is required, by publication in the official newspaper
at least 10 calendar days prior to the hearing date.
B.
The applicant shall give notice, when notice is required,
to all property owners located within 200 feet of the subject property
in all directions, by either serving a copy thereof to the owner or
his agent or by certified mail to the owner at his address at least
10 calendar days prior to the hearing date. (NOTE: Notice to a partnership,
a corporate owner, a condominium association, a horizontal property
regime, a community trust or a homeowners' association may be made
by serving any partner, president or any other person authorized by
law to accept such notice.) Notice for revision to the Master Plan
of Street Extensions shall be given to all property owners within
200 feet of the outbound of the property to be developed by regular
mail with certificate of mailing.
C.
The applicant shall, in writing, request the Municipal
Assessor to prepare a certified list of names and addresses of the
property owners which are required to be given notice.
D.
The applicant shall give notice to the clerk of an
adjoining municipality if the development involves property located
within 200 feet of the municipal boundary.
E.
The applicant shall give notice to the County Planning
Board if the development is adjacent to a county road, a proposed
county road shown on the Official County Map or Master Plan or is
situated within 200 feet of a municipal boundary or if the development
adjoins other county property.
F.
The applicant shall give notice to the Commissioner
of Transportation if the development is adjacent to a state highway.
G.
The applicant shall give notice to the Director of
the Division of State and Regional Planning (Department of Community
Affairs) if the development exceeds 150 acres or 500 dwelling units,
and the notice shall include a copy of the documents filed for public
inspection.
H.
The applicant shall file an affidavit of proof of
service with the Secretary of the Board prior to the hearing.
I.
Public notice and hearing shall not be required for
conventional site plans or minor subdivisions if no variances are
involved or for final approval of site plans and major subdivisions
unless variances are involved which were not the subject of a previous
hearing.
The Planning Board shall give, at least 10 calendar
days prior to the date:
A.
Public notice of a hearing on the adoption, revision
or amendment of the Master Plan.
B.
Notice by personal service or certified mail to the
clerk of an adjoining municipality when property within 200 feet of
such municipality is involved.
C.
Notice by personal service or certified mail to the
County Planning Board, including a copy of the proposals to be heard.
Notice shall also be sent to the county within 30 days of the adoption
of the proposals, including a copy as adopted.
All notices given by certified mail shall be
deemed complete upon mailing.
[Amended 10-27-2009 by Ord. No. 2009-70]
Any interested party desiring to appeal a final decision of
the Zoning Board of Adjustment approving a use variance pursuant to
N.J.S.A. 40:55D-70(d) may assert his or her rights by filing an action
in lieu of prerogative writ with the Superior Court of New Jersey.
The governing body of the City of Vineland shall
enforce the provisions of this chapter and the New Jersey Municipal
Land Use Law[1] on which it is based. In case any building or structure
is erected, constructed, altered, repaired, converted or maintained,
or any building, structure or land is used in violation of this chapter
and the law, the proper local authorities or any interested party,
in addition to other remedies, may institute any appropriate action
or proceedings 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.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A.
If a public utility is aggrieved by the action of
a municipal agency exercising its powers under this chapter, said
utility may appeal to the New Jersey Board of Public Utility Commissioners
within 35 days after such action and without appeal to the governing
body, unless the utility so chooses. In such case, the appeal to the
Commissioners may be taken within 35 days after action by the governing
body. If, after such hearing, the Commissioners find that the present
or proposed use by the public utility of the land described in the
appeal is necessary for the service, convenience or welfare of the
public, the utility may proceed in accordance with the decision of
the Commissioners, this chapter notwithstanding.
B.
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 the Commissioners,
after petition, notice and hearing, decide the proposed installation
is necessary for the service, convenience or welfare of the public.
C.
Nothing herein shall be construed to restrict the
right of any interested party to obtain a review of the municipal
agency or of the Board of Public Utility Commissioners by any court
of competent jurisdiction according to law.
Any power expressly authorized herein to be
exercised by the Planning Board or by the Board of Adjustment shall
not be exercised by any other body except as otherwise provided by
law.
In the event that, during the period of approval
granted a development application, the developer is barred or prevented
from proceeding by a legal action, directive or order and the developer
is otherwise ready, willing and able to proceed with the development,
the running of the period of approval provided under this chapter
shall be suspended for the time said legal action is pending or such
directive or court order is in effect.
A.
In the event that a developer submits an application
proposing a development which is barred or prevented by a legal action,
the municipal agency shall process the application and, if it complies
with the provisions of this chapter, shall approve the application
conditioned on the removal of such legal barrier to development.
B.
In the event that an application for a proposed development
requires an approval by a governmental agency other than the municipal
agency, the municipal agency shall, in appropriate instances, condition
its approval upon the subsequent approval of such other governmental
agency, provided that the municipal agency acts within the time and
under the conditions specified by this chapter.
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(NOTE: The basis for this article is N.J.S.A.
40:55D-1 to 40:55D-22.)
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