CAPE MAY – In January, an already controversial proposal to demolish the 50-year-old Jetty Motel and build a larger resort was denied an extension of existing 2019 site plan approvals by Cape May City Planning Board.
In the discussion of the application, the developer requesting the extension, Cape Jetty LLC, pointed to what the developer’s attorney called an inconsistency between the city ordinance governing extensions and the state Municipal Land Use Law.
The issue centered on the ability of an applicant to request an extension after the date at which the previous approvals had expired.
Cape May City Council May 17 adopted an ordinance amendment that seeks to clarify the sunset provisions for site variance approvals and provide a process for consideration of appeals that will “balance the interests of an applicant and the public.”
To maintain an approval, a developer must secure an appropriate building permit for construction within the site approval time period.
The ordinance introduces a new section into the city code that limits site approvals to two years from the enacting resolution. It states that the Planning Board may grant extensions for up to two years, but in the process of review, the board will consider all relevant changed circumstances. All extension applications must observe provisions for noticing to the public and nearby properties.
In response to the issue of when an application for extension may be requested, the ordinance allows for an extension application after the approvals have expired but begins the time period of any subsequently granted extension the date of expiration of the original approvals.
