[HISTORY: Adopted by the City Council of
the City of Vineland 9-9-1958 by Ord. No. 294 (Ch.
85 of the 1990 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Land use — See Ch. 425.
As used in this chapter, the following terms
shall have the meanings indicated:
The land required for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Chapter 1 of Title 58 of the New Jersey Statutes Annotated.[1]
The chief legislative body of the City of Vineland.
A map adopted by ordinance of the governing body showing
the location and width of streets and drainage rights-of-way and the
location and extent of public parks and playgrounds, whether existing
or proposed.
The map of a subdivision.
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way which is an existing state, county or municipal
roadway or a street or way shown upon a plat heretofore approved pursuant
to law or approved by official action pursuant to the Municipal Planning
Act (1953)[2] or a street or way on a plat duly filed and recorded in
the office of the county recording officer prior to the appointment
of a Planning Board and the grant to such Board of the power to review
plats, and includes the land between the street lines, whether improved
or unimproved, and may comprise pavement, shoulders, gutters, sidewalks,
parking areas and other areas within the street lines.
[1]
Editor's Note: Chapter 1 of Title 58 of the New Jersey Statutes Annotated was repealed by P.L. 1945, c. 22; P.L. 1979, c. 359; and P.L. 1981, c. 262. See now N.J.S.A. 58:1A-1 et seq.
[2]
Editor's Note: The Municipal Planning Act
(1953) was repealed by P.L. 1975, c. 291. See now the Municipal Land
Use Law, N.J.S.A. 40:55D-1 et seq.
A.
There is hereby established as the Official Map of
the City of Vineland a map entitled "Official Map of Arterial Highways
and Drainage Rights-of-Way," prepared by the Engineering Department
of the City of Vineland, dated May 6, 1958, and on file in the office
of the City Clerk.
B.
The Official Map is hereby established for the express
purpose of conserving and promoting the public health, safety, morals
and general welfare.
The Official Map shall be deemed conclusive
with respect to the location and width of streets and drainage rights-of-way,
whether such streets and drainage rights-of-way are improved or unimproved.
Upon the application for approval of a plat, the municipality may reserve for future public use the location and extent of public parks and playgrounds shown on the Official Map or any part thereof and within the area of said plat for a period of one year after the approval of the final plat, or within such further time as agreed to by the applying party. Unless, within such one-year period or extension thereof, the municipality shall have entered into a contract to purchase or instituted condemnation proceedings for said park or playground according to law, such applying party shall not be bound to observe the reservation of such public park or playground. During such period of one year or any extension thereof, the applicant for the plat approval and his assigns and successors in interest may use the area so reserved for any purpose other than the location of buildings or improvements thereof, except as provided in § 98-6 of this chapter.
A.
The governing body may from time to time amend the
Official Map by making changes therein, additions thereto or deletions
therefrom.
B.
Prior to amending the Official Map or any part thereof,
the governing body shall refer such proposed amendment to the Planning
Board of the City for its recommendation, and the governing body shall
not act thereon without such recommendation or until 45 days after
such reference without recommendation. Upon receipt of the recommendation
of the Planning Board or until 45 days after such reference without
such recommendation, the governing body shall hold a public hearing
on the proposed amendment to the Official Map, and at least 10 days
prior to such hearing, notice of this hearing shall be published in
a newspaper of general circulation in the City. A map showing the
proposed amendments shall be made available for public inspection
in the office of the City Clerk during such period, and the notice
shall so state.
A.
For the purpose of preserving the integrity of the
Official Map of the City, no permit shall be issued by the Zoning
Officer or Building Inspectors for any building which is proposed
to be built in the bed of any street or drainage right-of-way shown
on the Official Map or on a plat filed pursuant to the Land Subdivision
Ordinance of the City[1] or the Municipal Planning Act,[2] except as herein provided.
B.
Whenever it shall appear that one or more parcels of land upon which is located the bed of such a mapped street or drainage right-of-way or any park or playground location reserved pursuant to §§ 98-3 and 98-4 of this chapter cannot yield a reasonable return to the owner unless a building permit is granted, the Board of Adjustment of the City may, in a specific case, by a majority vote of its members, grant a permit for a building in the bed of such mapped street or drainage right-of-way or within such reserved location of a public park or playground which will as little as practicable increase the cost of opening such street or tend to cause a minimum change of the Official Map. The Board of Adjustment shall impose reasonable requirements as a condition of granting the permit, so as to promote the health, morals, safety and general welfare of the public, and shall inure to the benefit of the City.
C.
Action upon any such application for a building permit
under the provisions of this section shall only be taken after a public
hearing has been held, at which hearing the parties in interest and
others shall have an opportunity to be heard. The applicant shall
notify all owners of property within 200 feet of the property to be
affected by the grant or denial of the building permit, service to
be made in accordance with the rules and regulations of the Board
of Adjustment. At least 10 days prior to the time fixed for the public
hearing, there shall be published in a newspaper having a general
circulation in the City notice of the time and place of the hearing.
The notice shall be inserted in a newspaper by the Secretary of the
Board of Adjustment, and any costs incidental thereto shall be paid
by the applicant.
No permit for the erection of any building shall
be issued unless the building lot abuts a street giving access to
such proposed structure which has been duly placed on the Official
Map or a street shown upon a plat approved by the Planning Board and
governing body of the City of Vineland, as provided in the Land Subdivision
Ordinance of the City.[1] Before such building permit shall be issued, such street
shall have been certified to be suitably improved to the satisfaction
of the governing body, acting on the advice of the City Engineer,
or such suitable improvement shall have been assured by means of a
performance guaranty, in accordance with standards and specifications
approved by the governing body in relation to the City Subdivision
Ordinance,[2] and as adequate with respect to the public health, safety
and general welfare for the special circumstances of the particular
street.
A.
Where the enforcement of §§ 98-6 and 98-7 of this chapter would entail practical difficulties or unnecessary hardship or where the circumstances of the case do not require the structure to be related to a street, the applicant for the permit may appeal from the decision of the Zoning Officer or Building Inspectors to the Board of Adjustment of the City, and this appeal shall be governed by the same provisions as those provided in cases of appeals in respect to zoning regulations.
B.
The Board of Adjustment may, in determining any such
appeal, make reasonable exceptions and issue a permit subject to conditions
that will assure adequate access for fire-fighting equipment, ambulances
and other emergency vehicles necessary for the protection of health
and safety. The Board may also impose conditions which will protect
any future street layout shown on the Official Map or on the Master
Plan of the City Planning Board. The Board of Adjustment shall refer
any application made under this section to the City Planning Board
for report and recommendation before taking final action.
C.
The City Planning Board shall consider such application
referred to it at its next regular meeting and make its report and
recommendation, in writing, within two weeks from that regular meeting.
Failure to act within this time shall constitute a favorable recommendation
from the City Planning Board, and thereafter the Board of Adjustment
may proceed to take final action.
