[Amended 3-17-1993 by Ord. No. 328-93; 6-19-1996 by Ord. No. 344-96; 8-20-1997 by Ord. No. 349-97; 12-2-2015 by Ord. No. 543-2015]
A. The Township of Weymouth hereby exercises the option provided by
N.J.S.A. 40:55D-25c(1) to have the Planning Board exercise all the
powers of a Board of Adjustment. The Planning Board shall exercise,
to the same extent and subject to the same restrictions, all the powers
of a Board of Adjustment; but the Class I and Class III members shall
not participate in the consideration of applications which involve
relief pursuant to Subsection d. of Section 57 of P.L. 1985, c. 291
(N.J.S.A. 40:55D-70).
B. Whenever relief is requested in a matter in which the Planning Board
exercises, to the same extent and subject to the same restrictions,
any of the powers and duties of a Board of Adjustment, pursuant to
N.J.S.A. 40:55D-70d or otherwise, notice of a hearing on the application
for development shall include reference to the request for variance,
appeal, ordinance interpretation, or direction for issuance of a permit,
or other relief, as the case may be.
C. The Township of Weymouth hereby exercises the option provided by
N.J.S.A. 40:55D-25c(1), and accordingly, the Zoning Board of Adjustment
is hereby terminated; provided, however, in accordance with N.J.S.A.
40:55D-70D-72.1, that any application for development submitted to
the Zoning Board of Adjustment pursuant to lawful authority before
the effective date of this section may be continued at the option
of the applicant, and the Board of Adjustment shall have every power
which possessed before the effective date of the section in regard
to the application.
D. When necessary for the purposes of implementing this section and
the election to have the Planning Board exercise, to the same extent
and subject to the same restrictions, all the powers of a Board of
Adjustment, the term "Planning Board" shall be substituted for the
term "Zoning Board of Adjustment" or equivalent in each and every
instance where "Zoning Board of Adjustment" or equivalent appears
in any ordinance, resolution, rule, regulation or amendments thereto
of the Township of Weymouth.
E. Where the substitution of "Planning Board" for "Zoning Board of Adjustment"
or equivalent results in an apparent duplication, redundancy, or conflict
in any ordinance, resolution, rule or regulation, the same shall be
liberally construed and interpreted in accordance with the intent
and purpose of N.J.S.A. 40:55D-25c as adopted herein, whereby the
Planning Board replaces and, to the same extent and subject to the
same restrictions, exercise all powers of the Zoning Board of Adjustment.
F. Repealer; exception. All ordinances or parts thereof or resolutions
inconsistent with the provisions of this section are hereby repealed
to the extent of their inconsistency. Nothing in this section, however,
shall affect the rights and tenure of any elected official.
[Amended 12-2-2015 by Ord. No. 543-2015]
A. It shall be the duty of the Administrative Officer
(Planning Board Secretary and Zoning Officer) to keep a record of
all applications, all actions of the municipal agencies, all complaints,
all violations noted and a record or any action taken thereon and
all development permits issued, together with a notation of all special
conditions involved. He or she shall file and safely keep all copies
of all plans submitted, and the same shall form a part of the records
of his or her office and shall be available for the use of the Township
Committee and of other officials of the Township.
B. The Administrative Officer (Planning Board Secretary
and Zoning Officer) shall prepare a monthly report for the Township,
summarizing for a period since the last previous report all development
permits issued and all complaints of violations and the action taken
consequent thereon. A copy of each such report shall be filed with
the Township Clerk, Tax Assessor, Planning Board, Code Enforcement
Officer, Construction Code Official and Engineer at the same time
it is filed with the Township Committee.
[Amended 3-3-2021 by Ord. No. 573-2021]
A. Authorization. The duty of enforcing the provisions of this chapter
is hereby conferred upon the Administrative Officer (Zoning Officer),
who shall have such powers as are conferred by this chapter, and as
reasonably may be implied. The Administrative Officer (Zoning Officer)
shall be appointed by the Township Committee.
B. Duties. The duties of the Administrative Officer (Zoning Officer)
shall include but not be limited to the following:
(1) To enforce the zoning ordinances of the Township of Weymouth and
all resolutions of the Weymouth Township Joint Land Use Board, Weymouth
Township Planning Board, or Weymouth Township Zoning Board of Adjustment.
(2) To review all applications for a zoning permit for completeness and
determine the approval or denial of the application within the statutory
timeframe found in N.J.S.A. 40:55D-18. If the Administrative Officer
(Zoning Officer) has no jurisdiction with the application under N.J.S.A.
40:55D-20: unless the applicant has received approval from the Joint
Land Use Board, the Zoning Officer shall notify the applicant in writing
of the lack of jurisdiction, and shall notify the applicant of their
ability to apply for application approval from the Joint Land Use
Board if applicable.
(3) To issue zoning permits following, where necessary, review and approval
by the Joint Land Use Board or court order from a court of competent
jurisdiction.
(4) To file and keep a record of all applications for permits and of
all permits and certifications issued, with a notation of all conditions
involved.
(5) To prepare a monthly report for the Township Committee summarizing
all activity of the previous months concerning the duties of the Administrative
Officer (Zoning Officer).
(6) To conduct field inspections and special investigations either in
response to a complaint by an individual, municipal agency or board
or on the official's own initiative to ensure compliance with
this chapter and any board resolution.
(7) Any other duty authorized by law or the Township Committee.
In the application and interpretation of this
chapter, all provisions hereof shall be held to be minimum standards
or requirements adopted for the promotion of the public health, safety,
convenience and general welfare of the Township. Whenever the requirements
of this chapter are at variance with the requirements of any other
lawfully adopted rules, regulations or ordinances, the most restrictive
or those imposing the higher standard shall govern. All questions
of interpretation shall be resolved pursuant to N.J.S.A. 40:55D.
Chapters 13, 14 and 15 of the Revised General Ordinances of the Township of Weymouth are hereby repealed in their entirety, and any portions of other ordinances which contain provisions inconsistent with this chapter are hereby repealed to the extent of such inconsistency, except as provided by §
155-29 and except that any building permit, variance, special use permit, occupancy permit or other permit validly issued pursuant to any such ordinance shall remain valid and effective and shall continue to be governed by the terms and conditions of such ordinance.
All amendments to this chapter and to the Zoning
Map and Schedule, which form a part hereof, shall be adopted in accordance
with the provisions of N.J.S.A. 40:55D-1 et seq., as amended and supplemented.
The map and schedule of area, yard and building requirements may be
amended and supplemented by description and reference thereto, without
republication of the entire Zoning Map or detailed text of the Schedule.
In the Pinelands Area, if the Township amends its Master Plan, this
chapter or any other ordinance regulating the use of land, the Township
shall comply with all the requirements of N.J.A.C. 7:50-3.45.
[Amended 6-19-1996 by Ord. No. 344-96]
Upon adoption of this chapter (ordinance), and
any amendments hereto, the Township Clerk shall file a copy of this
chapter and any amendments thereto with the Atlantic County Planning
Board as required by N.J.S.A. 40:55D-16.
[Amended 3-1-1989 by Ord. No. 296-89; 3-15-2000 by Ord. No.
370-00; 9-3-2003 by Ord. No. 408-2003]
The developer shall, at the time of filing an
application, pay a nonrefundable fee to the Township of Weymouth by
cash, certified check or bank draft in accordance with the current
fee schedule adopted by the Township Committee on file in the Township
Clerk's office. The fee to be paid shall be the sum of the fees for
the component elements of the plat or plan. Proposals requiring a
combination of approvals such as subdivision, site plan, and/or variance,
shall pay a fee equal to the sum of the fee for each element. Additional
fees may be assessed for extraordinary review costs not otherwise
covered by this section.
A. Application for development permit (to be paid to
Zoning Officer): $25.
B. Minor subdivision approval.
(1) Each informal review: no fee.
C. Major subdivision approval.
(1) Each informal review: no fee.
(2) Preliminary application fee: $200.
(3) Final plat application fee: $100.
D. Minor site plan approval.
(1) Each informal review: no fee.
E. Major site plan approval.
(1) Each informal review: no fee.
(2) Preliminary application fee: $250.
(3) Final approval: 50% or the fee for preliminary application.
[Added 3-17-2004 by Ord. No. 411-2004]
F. Variances.
(1) Appeals.
(a)
Single- and/or two-family residential uses:
$50.
(2) Interpretation of the land use and development zoning
regulations or map: $100.
(3) Hardship or bulk variance.
(a)
Single- and/or two-family residential uses:
$100.
(4) Use variances.
(a)
Proposed single- and/or two-family residential
uses: $100.
(b)
Other than Subsection
F(4)(a) above, uses with floor areas totaling 5,000 square feet or less: $500.
(c)
Uses other than Subsection
F(4)(a) above with floor areas totaling 5,000 square feet or more: $650.
(5) Building permit in conflict with Official Tax Map
or building permit for lot not related to a street: $200.
H. Public hearing. For those development applications which require public notice or hearing pursuant to §
155-9D: $250.
I. Reproduction of records.
(1) Duplication of tape recordings: $75 per meeting.
(2) Use of tape recordings for transcript proposes (appellant
to supply stenographer to make transcript): $75 per meeting.
J. Change of Master Plan or zone district request application.
(1) Single-family residential to other single-family residential:
$100.
(2) Single-family residential to multifamily, commercial,
industrial, office research, or other non-single-family zone: $100,
plus $25 per acre for each acre over five acres.
K. Legal reviews. When any development proposal given
preliminary approval by the municipal agency requires the review of
a master deed, a certificate of incorporation and bylaws of any homeowners'
association, the form of unit deed to be utilized and all relevant
documents required by the condominium law or other applicable law
and regulations and easements and dedications, the applicant shall
pay a fee at the rate of $150 per hour for such review prior to the
applicant filing for final approval.
L. Engineering inspection fees. Required engineering inspection fees shall be paid prior to the issuance of a development permit or signing of a final plat or, if prior authorization has been granted pursuant to the provisions of this chapter, prior to the start of construction of any improvements before final plat or site plan approval. Such fees shall be paid for the section or sections for which final approval has been granted or in which the developer proposes to install improvements prior to final approval and shall be equal to 5% of the total construction costs which sum shall be placed in an escrow account from which all engineering inspection fees would be drawn. Records of escrow accounts will be maintained by the Township Clerk. Any monies not used will be returned. If the billings by the Township exceed the amount placed in escrow, the developer shall be responsible for the difference. Engineering escrow fees shall be in accordance as indicated in Chapter
37, Escrow Deposits.
M. Reproduction and Tax Map revisions fees: $3 per sheet
of the plat and attachments, except that the minimum fee shall be
$5. An additional fee of $25 or $4 per lot, whichever is the greater,
shall be charged for minor subdivisions and final plats of major subdivisions
to cover the cost of the Township Clerk obtaining a reproducible original
of the filed map and providing for revisions of the Township Tax Maps.
N. Revised plats. Any proposed revisions to a plat, including
all supporting maps and documents, previously approved by the Planning
Board, which approval is still in effect, shall require submission
of a revised plat and payment of fees in accordance with the following:
[Amended 12-2-2015 by Ord. No. 543-2015]
(1) Where changes in the plat are requested by the Planning
Board or Township Engineer, no fees need be paid and only sufficient
copies of the plat incorporating the changes as may be necessary for
distribution need be submitted.
(2) Where there are only minor changes in the plat proposed
by the applicant or required by any other governmental agency where
approval was a condition of the Planning Board approval, which do
not involve any additional building or parking or significant change
in the design of the site or subdivision, an application fee of $100
will be required, along with sufficient copies of the plat incorporating
the changes as may be necessary for distribution.
(3) Where there are changes in the plat proposed by the
applicant, or required by another governmental agency whose approval
was a condition of the Planning Board approval, which involve additional
building or parking or a significant change in the design of the site
or subdivision, an application fee equal to 1/2 the fee required for
the initial submission will be required along with sufficient copies
of the plat incorporating the changes as may be necessary for distribution.
(4) Where the proposed changes involve a change in use
and/or major alteration of the design concepts of the plat approved
by the Planning Board, it shall be considered a new application and
shall require the full payment of fees as set forth in this section
for new applications for development.
(5) Where revisions in a plat only involve additional
information required as a condition of a previous approval, no additional
fees shall be required.
O. Request for reapproval or extension of time.
(1) Minor subdivisions and site plans: $200.
(2) Major subdivisions and site plans: $200.
(3) Other applications for development: $200.
P. Escrow for professional service before other agencies.
In the event that any prospective or pending application for approval
of amendments to the Master Plan or other relief requires the involvement
of the Township's engineering, legal or other professionals in meetings,
hearings, or other proceedings with the Pinelands Commission, the
New Jersey Department of Environmental Protection, or any other federal,
state, or county agency, the applicant shall, prior to the commencement
of and as a condition to performance of such work by the Township
professionals, establish with the Township Clerk an initial escrow
in the amount of $3,000 for the cost of such professional services.