[Amended 8-25-82 by Ord. No. 0-8-82; 2-23-83 by Ord. No. 0-3-83]
A.
Whenever a term is used in this chapter which is defined in P.L.
1975, c. 291,[1] such term is intended to have the meaning set forth in
the definition of such term found in said statute, unless a contrary
intention is clearly expressed from the context of this chapter.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
Whenever a term is used in this chapter which is defined in the Pinelands Comprehensive Management Plan, such term is intended to have the meaning set forth in its definition, as found in Section 2-201 of the Plan (N.J.A.C. 7:50-2:11). Several of these specific terms are defined in Chapter 296 of the Winslow Code, Zoning Within Pinelands Area, § 296-7.
All sections of the Land Subdivision Ordinance, Zoning Ordinance,
Site Plan Review Ordinance[1] or any other ordinance of the Township of Winslow which
contain provisions contrary to the provisions of this chapter shall
be and are hereby, to the extent of such inconsistency, repealed.
A.
Pursuant to the provisions of P.L. 1975, c. 291, Section 81, the
substantive provisions of the existing Land Subdivision Ordinance,
Zoning Ordinance and Site Plan Review Ordinance of the Township of
Winslow and the development regulations set forth therein shall continue
in full force and effect and shall be read in pari materia with this
chapter.
B.
Pursuant to S. 1691,[1] A Supplement to the Municipal Land Use Law, the following
ordinances and chapters of the Code of the Township of Winslow are
readopted as are any amendments or supplements to such chapters adopted
prior to February 1, 1977.
(1)
Chapter 59A of the Code of the Township of Winslow, Site Plan Review,
adopted June 26, 1974, as Ordinance No. 0-6-74, as amended and supplemented.[2]
[1]
Editor's Note: "S. 1691" refers to Senate Bill No. 1691, P.L.
1976, c. 115, approved and effective 11-16-78.
C.
The standards and regulations in this chapter applicable to the Pinelands
Area are intended to be the minimum provisions necessary to achieve
the purposes and objectives of this chapter and the Pinelands Act.
In the event of a conflict between any provisions, the stricter provision
shall apply.
[Amended 2-25-97 by Ord. No. 0-2-97]
If any application for development approval conflicts with a
provision of this chapter adopted pursuant to the Pinelands Act, the
Planning Board may disapprove the application, approve the application
subject to the applicant obtaining a waiver from the Pinelands Commission,
pursuant to N.J.A.C. 7:50-4.61 et seq., or suspend further review
of the application, with the consent of the applicant, until a waiver
is obtained. In no event is the Planning Board or any other approving
authority authorized to waive the applicability of any provision of
this chapter adopted pursuant to the Pinelands Act.
[Amended 2-25-97 by Ord. No. 0-2-97]
All development proposed within the Pinelands Area by Winslow
Township or any agency thereof shall comply with all the requirements
for public development set forth in N.J.A.C. 7:50-4.51 et seq.
All applications for development filed prior to the effective date of this chapter may be continued, but any appeals arising out of decisions made on any such application shall be governed by the provisions of Article IV of this chapter.
This chapter shall be known and may be cited as the "Land Use
Procedures Ordinance of the Township of Winslow."
Immediately upon adoption of this chapter, the Municipal Clerk
shall file a copy of this chapter with the County Planning Board and
with the Pinelands Commission as required by law. The Clerk shall
also file with said County Planning Board and with the Pinelands Commission
copies of all other ordinances of the municipality relating to land
use, such as the Subdivision, Zoning and Site Review Ordinances.
[Added 2-19-08 by Ord. No. 0-11-08; amended 5-25-10 by Ord. No. 0-2010-017]
A.
Zoning permits. A document signed by the Zoning Officer (1) which
is required by this section as a condition precedent to the commencement
of a use, change in use, erection, construction, reconstruction, alteration,
conversion or installation of a structure or building and (2) which
acknowledges that such use, structure or building complies with the
provisions of this chapter or a variance therefrom duly authorized
by the Planning Board or Zoning Board of Adjustment pursuant to N.J.S.A.
40:55D-1 et seq. Zoning permits shall be valid for one (1) year from
the date of issuance. The definition of a structure shall include
fences and signs.
B.
Issuance of zoning permits.
(1)
Zoning permits shall hereinafter be secured from the Zoning
Officer prior to construction, erection or alteration of any structure
or part of a structure or change of use of a structure or land. All
requests for zoning permits shall be made, in writing, by the owner
or his/her authorized agent and shall include the following:
(a)
A statement of the use or intended use of the building or structure
or land;
(b)
Two copies of a sealed survey plan dated within five years of
application showing thereon the exact size, shape and location of
all proposed structures and all existing structures, metes and bounds
description, showing dimensions, bearings, etc., the location of the
required building envelope, any easements or other restrictions from
the approved subdivision, the proposed setbacks from all property
lines for the proposed dwelling unit, garage, deck, etc. and such
other information as may be necessary to provide for the enforcement
of this section;
[Amended 3-8-2022 by Ord.
No. O-2022-007]
(c)
Written verification that all Federal, State, county and local
agency permits and approvals required for the construction, erection
or alteration of such structure or land have been obtained;
(d)
Written verification issued by the Township Tax Collector stating
that all real property taxes, water and sewer assessments chargeable
to the property or properties for which such application is being
made, except for taxes and assessments which are not yet due and payable
on the date such application is received by the Zoning Officer, are
paid in full and that written verification that sewer connection permit(s)
has (have) been received. No zoning permit shall be issued by the
Zoning Officer unless and until all real property taxes, water and
sewer assessments and all fines and penalties chargeable to the property
or properties for which such permit is sought have been paid in full.
(2)
If the holder of any permit issued by the Zoning Officer pursuant
to this section shall become delinquent in the payment of property
taxes or water and sewer assessments for any property located in the
Township, which delinquency commences after the date such permit is
issued and continues for at least three (3) consecutive quarters,
the Zoning Officer may revoke such permit. Upon delivery to the Zoning
Officer of written verification issued by the Township Tax Collector
that all such delinquent taxes, plus all penalties and interest due
thereon, have been paid in full, the Zoning Officer shall reinstate
such permit.
(3)
Notwithstanding the foregoing, the Zoning Officer may waive
the requirements of this section if in the exercise of his/her reasonable
discretion, there is a de minimis deviation from the specific requirements
thereof.
