The Planning Board shall, subject to the procedures, standards and limitations hereinafter set forth, have authority to review and approve or disapprove site plans and subdivision plats for the uses listed in § 163-81 below; provided, however, that, except as limited by § 163-153, the resolution of the Board of Adjustment shall substitute for that of the Planning Board whenever the Board of Adjustment has jurisdiction over a site plan or subdivision pursuant to § 163-170G(1)(a) of this chapter.
A.
It is the purpose of this Part to provide a unified set of procedures
and standards to govern site plan and subdivision reviews. In keeping
with the spirit and structure of the New Jersey Municipal Land Use
Law[1] and to simplify land use administration in the City of Atlantic City, this chapter makes no distinction between cases where subdivision approval is required and those where site plan approval is required. Rather, for all developments made subject to site plan subdivision approval pursuant to § 163-81 below, it is the purpose of the provisions of this article to assure that development will occur only as consistent with the Master Plan, the capital improvements program, the Official Map and this chapter and that adequate consideration will be given to critical on-tract and off-tract engineering, planning and design elements so as to assure the least possible adverse effect upon and the greatest possible benefit to the public health, safety and welfare as a result of public and private development. In particular, it is the purpose of Articles XIX through XXV of this Part to assure that all developments subject to its provisions are located, planned, designed, laid out, constructed and serviced to:
(1)
Provide for adequate light, air and privacy.
(2)
Secure safety from fire, flood and other danger.
(3)
Be served by or provide adequate public improvements, public sites
and rights-of-way and essential public and quasi-public services and
facilities.
(4)
Provide the most beneficial relationship between the uses of land
and buildings and the circulation of traffic, having particular regard
to the avoidance of congestion in the streets and highways and the
adequate provision for pedestrian traffic movements.
(5)
Prevent the pollution of air, water and land.
(6)
Assure the adequacy of drainage facilities.
(7)
Safeguard the water table.
(8)
So use and manage natural resources as to preserve the integrity,
stability and beauty of the City and the value of the land.
(9)
Preserve the natural beauty of the City and to ensure appropriate
development with regard to its natural features.
(10)
Provide for open spaces through the most efficient design and
layout of the land.
(11)
Provide an orderly layout and design of new subdivisions and
resubdivisions.
(12)
Provide, in the case of subdivisions for the purpose of conveyancing,
proper legal descriptions and proper monumenting of the land.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
The procedures established by Articles XIX through XXV of this Part are intended to serve as the principal development review mechanism for all significant developments in the City, whether those developments are permitted as of right as permitted uses in the zoning districts where proposed or require some special, discretionary approval, such as planned development, conditional use or variance approval. In cases where such discretionary approval is required, the procedures of Articles XIX through XXV are designed to mesh with the procedures made applicable to such approvals by other Articles of this Part so that the applications for such approvals and for site plan/subdivision approval will be processed concurrently without the need for separate notices or hearings.
C.
The standards made applicable by Articles XIX through XXV to all applications for site plan subdivision approval are intended as minimum standards to be met by all developments subject to review pursuant to Articles XIX through XXV and are designed to assure that developments permitted as of right as permitted uses in the various zoning districts will be adequately planned, designed and serviced to protect the public health, safety and welfare. Where a development requires site plan/subdivision approval in connection with another, discretionary approval pursuant to other Articles of this Part 5, additional standards made applicable to such discretionary approvals by other Articles of this Part 5 must also be met, and those standards are generally more demanding than the minimum standards of Articles XIX through XXV of this Part 5, in light of the fact that developments which are made subject to such discretionary approvals are generally those which are expected to have unusual impacts either on their immediate neighborhood or on the City in general and to provide special benefits to their developers not generally available to owners of other property in the same zoning district.
A.
Site plan/subdivision review and approval in accordance with Articles XIX through XXV shall be required in the following cases:
(5)
For any development involving an area of land under single ownership
or control in excess of two acres or one City block, whichever is
less.
[Amended 6-15-1988 by Ord. No. 1-1988]
(6)
For any development involving the construction of any new or rehabilitation
of any existing structure or structures containing in excess of 10
dwelling units or other uses having a total floor area in excess of
100,000 square feet or a floor area ratio in excess of 3.0.
[Amended 6-15-1988 by Ord. No. 1-1988]
(7)
For any development involving the construction of any new structure
in excess of 10 stories in height.
[Amended 6-15-1988 by Ord. No. 1-1988]
(8)
For any development involving an existing structure which would alter
existing floor area, floor area ratio or height by more than 25%.
[Amended 6-15-1988 by Ord. No. 1-1988]
(9)
For any development involving the construction of any building to
be constructed, owned, leased or operated by any unit of the national,
state or local government, or the exterior alteration of any building
to be constructed, altered, owned, leased or operated by the City
of Atlantic City, or the use or development of any land to be owned,
leased or operated by any such governmental agency.
[Amended 6-15-1988 by Ord. No. 1-1988]
(10)
For any development involving the construction or exterior alteration
of any public or private school or other educational institution,
library or church or any place of public assembly.[1]
[Amended 6-15-1988 by Ord. No. 1-1988]
[1]
Editor's Note: Former Subsections A(11) through A(17), which
listed various types of developments and which immediately followed
this subsection, were repealed 6-15-1988 by Ord. No. 1-1988]
(11)
For any development involving the physical expansion of any
existing rooming house or lodging house or the increasing of the number
of rooms in any existing rooming house or lodging house.
[Added 10-13-1993 by Ord. No. 78-1993]
B.
Developments involving only a single, detached one- or two-family dwelling and involving no new subdivision or resubdivision, other than a minor subdivision pursuant to Article XXIV and not requiring planned development or conditional use approval shall be entirely exempt from the requirements of this section.
D.
In any case where site plan/subdivision approval is required pursuant to this section, no permit for any development shall be issued by the City of Atlantic City and no plat or plan shall be accepted for recording by the Atlantic City Recording Officer unless and until such approval has been granted pursuant to the provisions of Articles XIX through XXV.
E.
Initiation. An application for site plan/subdivision approval may
be filed by the owner of or other person having a contractual interest
in the subject property.
