Each of the uses listed below shall meet the specified standards
regardless of whether it is listed as a permitted use or conditional
use in the specific zoning district. Compliance with these standards
shall be considered by the Planning Board in making a decision on
a conditional use application. In addition to meeting these standards,
the following uses must meet applicable site plan review requirements.
A.
A home occupation, as defined by this chapter, shall be permitted
as an accessory use for a single-family detached dwelling unit in
the specified zoning districts, provided that the following standards
are observed:
(1)
The home occupation shall be operated by a family member residing
on the premises. No more than two nonresident employees may be employed
to assist in the profession, business or service.
(2)
No more than 25% of the gross habitable floor area of the residential
structure nor more than 300 square feet of an accessory structure
shall be used or occupied by the home occupation. The minimum gross
habitable floor area for residential dwellings shall be maintained.
(3)
Adequate off-street parking shall be provided in accordance with
the site plan review design standards. The parking shall not reduce
the parking requirements of the residential structure and shall not
encroach on any required yard areas.
(4)
The residential character of the lot, building and area shall not
be changed. No occupational sounds shall be audible at any property
line and no equipment utilized which will result in radio or television
interference. No goods or products may be displayed which may be visible
from the street.
(5)
The sale of goods or commodities shall only be permitted if they
have been produced on the premises or if they are incidental to a
service provided on the premises.
B.
The Zoning Officer shall decide whether a use is a home occupation and meets the standards listed in this Part 3. If the Officer is unable to decide whether a proposed use is a home occupation or whether a use violates the standards of this section, the Board of Adjustment[1] shall make the final determination.
[1]
Editor's Note: Pursuant to Ordinance No. 551, the Zoning Board
of Adjustment was eliminated and is functions combined with that of
the Planning Board.
A.
Information. In addition to the general site plan requirements of
Part 4, the site plan submitted for a gasoline service station or
repair garage shall include the following information:
(1)
The actual floor space and/or ground area to be devoted to or used
for motor vehicle storage.
(2)
The number and location of fuel tanks to be installed, the dimensions
and capacity of each storage tank, the depth the tanks will be placed
below ground and the number and location of dispensers to be installed.
(3)
The type and location of all principal and accessory structures to
be constructed.
(4)
No service station is to be located within 1,000 feet of any place
of assembly or another garage or service station.
B.
Location.
(1)
No public garage or gasoline service station shall be located within
1,000 feet of any church, hospital, theater, library, public playground,
athletic field, public or parochial school, firehouse, municipal building
or any public or other building in which the public gathers.
(2)
No public garage or service station shall be within 1,000 feet of
an existing public garage or gasoline service station.
(3)
The measurements contained herein shall be made between the two nearest
points of the building structures and not between lot lines; provided,
however, that the measurements between the public garage or gasoline
service station shall be made between the nearest point of the structure
and the nearest lot line of any athletic field or public playground.
The term "structure," as used herein, shall include accessory structures
such as dispensers, and measurements contained herein shall be made
between uses on the same or opposite sides of the street.
C.
Design standards.
(1)
All gasoline service stations having no more than three dispensing
pumps shall have a minimum frontage of 150 feet. There shall be an
additional 25 feet of frontage provided for every three additional
pumps or fraction thereof.
(2)
All gasoline pumps shall be located not less than 35 feet from any
street or property lines.
(3)
All fuel tanks shall be installed underground and shall be located
at least 35 feet from any street or property lines.
(4)
The site shall be properly screened and landscaped in accordance
with the site plan review requirements.
(5)
Any building or buildings to be erected for use as a gasoline service
station or public garage or in connection therewith shall be of masonry
construction, exclusive of ornamentation and roof.
D.
Standards of operation.
(1)
No gasoline service station or public garage shall accumulate or
store any used parts or tires, whether for sale, storage or waste,
on any portion of the premises, unless in the permanently enclosed
building.
(2)
All drainage, refuse, grease drippings, oily rags or other greasy
or oily material shall be kept enclosed in metal containers approved
by Fire Underwriters' for disposal.
(3)
Any repair of motor vehicles shall be performed in a fully enclosed
building, and no motor vehicle parts or partially dismantled vehicles
shall be stored outside an enclosed building.
A.
In addition to normal site plan review requirements, the applicant
shall submit the following information:
(1)
A statement indicating the need and purpose of the installation.
(2)
Proof that the proposed installation, in the location specified,
is necessary for the efficient and convenient operation of the public
utility involved and for the satisfactory and convenient provision
of service by the neighborhood or area in which the use is to be located.
B.
The design of any building in connection with said use shall conform
to the general character of the area in which it is to be located.
The applicant shall demonstrate that the proposed use will in no way
adversely affect the safe and comfortable enjoyment of neighboring
properties.
C.
Adequate screening and buffering shall be provided for all such uses
to prevent glare or noise beyond the limits of the parcel.
Kennels or animal hospitals having open pens or cages shall
be located on a land parcel of not less than five acres and shall
be set back at least 200 feet from all lot lines. In cases where the
use is to be carried on within a completely enclosed soundproof building,
the R6 Residential District lot and yard requirements shall be observed.
Commercial stables and riding academies shall be located on
land parcels of not less than 10 acres. All principal and accessory
buildings used for the keeping of horses shall be set back a minimum
of 200 feet from all property lines. No manure shall be stored within
100 feet of any property line.
A.
Design standards.
(1)
The parcel involved shall have a minimum lot size of three acres
and shall have at least 200 feet of frontage.
(2)
No more than 25% of the lot shall be covered by impervious surfaces.
(3)
The pool, accessory structures and all accessory uses, including
parking, shall not be located within 75 feet of any property line.
All boundaries shall be screened as required by the site plan design
requirements.
(4)
All pools shall be surrounded by a fence at least six feet in height,
the entrance to which shall be kept locked when the facility is unattended.
(5)
Any pool established in connection with public swimming clubs shall
be constructed and operated according to the requirements of N.J.S.A.
26:3-69.1 thru 69.6, as amended and supplemented. The above-titled
statute, commonly known as the "Swimming Pool Code of New Jersey,
1955," is hereby adopted by reference.
Planned shopping centers are listed as a conditional use and
must meet the standards of this section, as well as the conditional
use procedures. The intent of this section is to permit attractive
planned shopping centers which are designed as an integrated unit.
A.
Sewer and water. Proposed planned shopping centers shall indicate
that adequate provisions have been made for water supply and sewerage
facilities. Shopping centers shall be connected to a municipal or
regional utility authority or shall develop an adequate on- or off-tract
system. Applications which depend on public utilities shall submit
a document indicating approval of these agencies and the availability
of sufficient capacity to accommodate this project prior to site plan
review. Developments which propose the establishment of water and
sewer facilities shall submit documents indicating the approval of
the design, construction and manner of operation by the Borough Engineer,
County Department of Health and the New Jersey Department of Environmental
Protection.
B.
A minimum lot area of five acres shall be required for a planned
shopping center. Such lot shall not have less than 400 feet of frontage
on a public street, and no structure shall be permitted within 150
feet of the street.
C.
Evidence shall be submitted indicating that at least four prospective
tenants are interested in locating in such a facility.
D.
The maximum lot coverage of principal uses shall not exceed 25% of
the lot area. The maximum lot coverage of both the buildings and impervious
surfaces shall not exceed 85% of the gross lot area.
A.
Information. In addition to the other information required for site
plan review, the applicant shall submit a detailed description of
the proposed industrial facilities and the materials, processes, products
and by-products involved. Specific information shall be included concerning
the potential impacts and the proposed control strategies, with respect
to the following:
B.
Standards of performance. No use shall be permitted within the borough
which does not conform to the following standards of use, occupancy
and operations. The following standards are the minimum requirements
to be maintained within the borough:
(1)
Noise.
(a)
For zoning districts other than industrial, there shall be no
noise measured along the property line on which the use is located
which shall exceed the values given in the following table:
|
Frequency Band
(cycles per second)
|
Average Sound-Pressure Level
(decibels re: 0.0002 dyne-em)
|
|---|---|
|
0-75
|
65
|
|
75-150
|
50
|
|
150-300
|
44
|
|
300-600
|
38
|
|
600-1,200
|
35
|
|
1,200-2,400
|
32
|
|
2,400-4,800
|
29
|
|
4,800 and above
|
26
|
(b)
For industrial zoning districts, there shall be no noise measured
along the property line on which the use is located which shall exceed
the values given in the following table:
|
Frequency Band
(cycles per second)
|
Average Sound-Pressure Level
(decibels re: 0.0002 dyne-em)
|
|---|---|
|
0-75
|
90
|
|
75-150
|
82
|
|
150-300
|
74
|
|
300-600
|
68
|
|
600-1,200
|
66
|
|
1,200-2,400
|
62
|
|
2,400-4,800
|
59
|
|
4,800 and above
|
56
|
(2)
Dust and vapors.
(a)
No emission which can cause any detrimental effect to human
beings, animals, vegetation or property or which can cause noticeable
soiling at any point shall be permitted.
(b)
No emission of liquid or solid particles from any chimney or
otherwise shall exceed 0.3 grain per cubic foot of the covering gas
at any point. For measurement of the amount of particles in gases
resulting from combustion, standard correction shall be applied to
a stack temperature of five hundred degrees Fahrenheit (500° F.)
and 50% excess air.
(3)
Smoke.
(a)
No smoke shall be emitted from any chimney or other source of
a visible gray greater than No. 1 on the Ringelmann Smoke Chart, as
published by the United States Bureau of Mines.
(b)
Smoke of a shade not darker than No. 2 on the Ringelmann Smoke
Chart may be emitted for no more than four minutes in any 30 minutes.
(c)
These provisions applicable to visible gray smoke shall also
apply to visible smoke of a different color but with an equivalent
apparent capacity.
(4)
Odor. No emission of odorous gases or other odorous matter shall
be permitted which is offensive at any lot boundary lines. Any process
which may involve the creation or emission of any odors shall provide
a secondary safety system so that control will be maintained if the
primary safeguard system should fail.
(5)
Glare or heat. Any operation producing intense glare or heat shall
be performed within an enclosed building or behind a solid fence or
earthen berm in such manner as to be completely imperceptible from
any point along the lot lines.
(6)
Vibration. No vibration which is discernible to the human sense of
feeling shall be perceptible without instrument at any point beyond
the lot line. Vibration which is not discernible to human sense but
which is at low or high frequencies capable of causing discomfort
or damage to life or property is prohibited beyond the property line
and must be monitored and controlled within the property line to meet
the standards of the Occupational Safety and Health Administration.
(7)
Toxic or noxious matter. No use shall, for any period of time, discharge
any toxic or noxious matter in such concentration as to be detrimental
to or endanger the public health, safety, comfort or welfare or cause
injury or damage to property, business, marine life or wildlife.
(8)
Electrical disturbance. No activities shall be permitted, except
domestic household appliance use, which produce electromagnetic interference
in excess of standards prescribed by the Federal Communications Commission.
(9)
Fire and explosion hazards. No industrial use shall be permitted
which will create an explosion or fire hazard to an adjacent use,
as determined by the New Jersey Inspection Bureau. Any industrial
operation which requires the use of flammable materials shall enclose
such materials in noncombustible walls and shall provide an adequate
buffer area to prevent damage to adjacent property in case of an accident.
(10)
Outdoor storage.
(a)
No toxic waste, gas or solid shall be stored outside of the
structure in which it will be used, unless it is stored on a surface
impervious to the toxic waste and a suitable collection system is
provided for any spillage or leaks.
(b)
Flammable or explosive liquids, solids or gases shall be stored
underground, except for tanks or drums of fuel directly connected
with energy or heating devices.
(c)
All outdoor storage facilities for fuel, raw materials and products
shall be enclosed by a fence adequate to conceal the facilities from
any adjacent properties.
(d)
No materials shall be deposited upon a lot in such form or manner
that may be transferred off the lot by natural causes or forces.
(e)
All materials or wastes which might cause fumes or dust or which
constitute a fire hazard or which may be edible or otherwise attractive
to rodents or insects shall be enclosed in containers.
[Added 3-28-88 by Ord. No. 394]
Specified multifamily unit types (garden apartments, townhouses,
multiplexes) are permitted in the Borough of Woodstown in particular
zoning districts only after compliance with these supplementary regulations
and design standards is demonstrated. These regulations are in addition
to any conditional use and site plan review approval requirements
and standards.
A.
Tract size. A minimum tract of five acres shall be required for multifamily
developments with not less than 300 feet of frontage on any improved
or proposed public street.
B.
Density. Unit density for any tract shall not exceed six dwelling
units per net acre in the Borough of Woodstown.
[Amended 3-28-88 by Ord. No. 394]
C.
Impervious surface ratio. No more than 30% of the gross lot area
shall be devoted to impervious surfaces, exclusive of recreation areas
or areas devoted to structures.
D.
Open space. A minimum of 35% of the gross lot area shall be devoted
to common or private open space. Buffer strips and parking areas shall
not be included in the calculation of open space. The open space shall
be designed to provide private, semipublic and public open space in
an interconnected and contiguous manner.
E.
Parking. Off-street parking shall consist of a minimum of two spaces
per dwelling unit plus one space for each bedroom in excess of two
bedrooms per dwelling unit. All parking shall be provided within 150
feet of the most distant unit served.
F.
Recreation areas. Passive recreation areas shall be provided at the
rate of 100 square feet per dwelling unit. A minimum of 5,000 square
feet shall be provided for each development or phase of development.
All recreation areas shall be improved by the developer, including
physical facilities, equipment, access walkways and landscaping. The
approving authority shall review the recreation plans in accordance
with the following criteria:
(1)
The recreation area is properly located and buffered to prevent any
nuisance conditions from affecting adjacent dwelling units.
(2)
The proposed facilities are suited for their intended use and will
meet the needs of the project's prospective inhabitants.
(3)
No more than 50% of the active recreation area is within a defined
floodplain.
(4)
Responsibility for the maintenance of the recreation and open space
areas is accepted by the property owner or is to be assigned to a
properly organized property owners' association as specified in § 67-44E(11).
G.
Buffer requirement. A minimum buffer area of 50 feet shall be provided
between a multifamily development and adjacent properties on all sides.
When a multifamily development abuts an existing development of the
same unit type, the buffer requirement may be reduced to 35 feet.
H.
Building setback. Every building shall have a minimum setback of
50 feet from any public street, 35 feet from any interior service
road and 20 feet from any parking area.
I.
Building separation. A minimum distance of 30 feet shall separate
all multifamily dwelling structures. Buildings located parallel to
each other shall have a minimum distance of 100 feet between structures.
J.
Building arrangement. Buildings shall be located and designed in
a manner that will result in residential clusters centered on landscaped
common open space areas. Units in each residential cluster shall be
consistent in terms of architectural style and major design elements,
such as materials, windows, ornamentation, rooflines and design.
K.
Building design. Attached buildings shall have breaks in both the
roofline and front building walls, as specified below:
(1)
Vertical breaks. A total break footage of four vertical feet in minimum
increments of 18 inches shall be included in every 160 horizontal
feet or within three fire walls.
(2)
Horizontal breaks. A total break footage of eight horizontal feet
in minimum increments of three feet shall be included in every 160
horizontal feet or within three fire walls.
L.
Landscaping. All such landscaping shall be subject to the approval
of the borough approving authority and shall not supplant the need
for a complete landscaping plan as part of the site plan review.
M.
Minimum floor area. The minimum gross habitable floor area of multifamily
dwellings shall conform to the building standards of the Schedule
of District Regulations,[1] except that the minimum floor area for a one-bedroom townhouse
or multiplex shall be the specified minimum for a single-family dwelling
rather than the multifamily standard. For all multifamily units with
more than one bedroom, the specified minimum multifamily dwelling
unit standard shall apply.
[1]
Editor's Note: The Schedule is included as an attachment to this chapter.
N.
Improvement requirements. Driveways, parking areas, lighting, buffer
strips, landscaping and other requirements shall be designed in accordance
with the appropriate standards of Parts 4 and 5 of this chapter.
O.
Garden apartments. The following regulations shall apply only to
garden apartments:
(1)
There shall be no dwelling units or portions thereof located below
the ground floor of the structure, and there shall be no more than
two stories in any structure.
(2)
There shall be a maximum of 10 units in any structure, and the maximum
length of any structure shall be 160 feet.
(3)
Entranceways to units shall not be combined or located within the
structure. Entranceways shall be plainly visible from the street and/or
adjoining units.
(4)
In addition to the normal means of ingress and egress, each unit
shall have a second means of ingress and egress directly from the
unit to the outside, such as off a balcony or patio.
(5)
Sufficient laundry, storage and other utility areas shall be provided
in locations convenient to all occupants and shall be attached to
a residential structure.
(6)
Solid waste collection bins should be on a paved surface or pad and
shall be provided in locations convenient to all occupants. The detrimental
effects of these areas shall be mitigated by screening as required
in Part 4.
P.
Townhouses. The following regulations shall apply only to townhouses:
(1)
No fewer than four dwelling units nor more than 12 dwelling units
shall be located in any structure containing townhouses. In addition,
no more than eight townhouses shall be aligned to a single row.
(2)
Townhouses shall be entered by a separate ground-level entrance for
each dwelling unit and shall have two means of ingress and egress.
(3)
Separate laundry facilities shall be provided in each unit.
(4)
Each townhouse dwelling unit shall be provided with a private yard
of not less than 500 square feet, which shall be screened or fenced
to a height not less than five feet. These private yards shall adjoin
common open space or paths leading to common open space.
(5)
The minimum width of a townhouse unit shall be 20 feet.
(6)
Townhouse units shall not front on a through street.
Q.
Multiplexes. The following regulations shall apply only to multiplex
dwelling units:
(1)
The maximum number of dwellings units in a multiplex structure shall
be six.
(2)
Multiplex units shall be entered by a separate ground-level entrance
for each dwelling unit and have two means of ingress and egress.
(3)
Each dwelling unit in a multiplex project shall have a private yard
of at least 2,000 square feet, which shall adjoin common open space
or paths leading to a common open space.
R.
Common areas. Any tract of land to be developed as a multifamily
development shall be under common ownership or, in case of multiple
or contiguous ownership of the tract, shall be developed pursuant
to a single plan with common authority and common responsibility.
Submission of either condominium documents or appropriate deed restrictions
and/or maintenance bonds ensuring proper maintenance of the building
and common areas shall be required prior to the issuance of final
site plan approval.
[Added 2-26-08 by Ord. No. 2008-1]
A.
Purpose. The borough has determined that there is a local and regional
need for affordable barrier-free housing to enable individuals with
disabilities to live independently with supportive services in a convenient
location within an established community. Consistent with findings
in the Housing Element and Fair Share Plan, this conditional use will
provide housing opportunities for those with special needs and will
welcome new residents to the community while meeting some of the borough's
affordable housing obligations. The use is being permitted in the
R5 Zoning District, because available developable land remains there
and the housing may be designed as an integral part of the community.
B.
Bulk and area requirements.
(1)
Minimum tract or site size: 5 acres.
(2)
Maximum density 8 units per gross acre.
(3)
Maximum building height: 35 feet
(4)
Minimum common open space area: 25%
(5)
Minimum lot frontage on paved public street: 70 feet
(6)
Minimum front yard setback: 35 feet
(7)
Minimum side yard setback: 35 feet
(8)
Minimum rear yard setback: 50 feet
(9)
Building setback from private internal streets: 20 feet
(10)
Maximum impervious coverage: 65%
(11)
Parking shall be provided in accordance with New Jersey Residential
Site Improvement Standards. However the parking requirements may be
reduced if the applicant demonstrates to the satisfaction of the Planning
Board and the New Jersey Department of Community Affairs that the
use requires less parking as a result of nondriver residents.
C.
Performance standards.
(1)
Prior to any borough approval, the following prerequisites shall
have been accomplished:
(a)
Verification that there are adequate utility services and support
facilities for the project.
(b)
Assurance that the occupancy of proposed housing will be limited
to those meeting the requirements for affordable housing in accordance
with COAH's published regulations (with the exception of resident
employees of the facility). All affordable housing units must be made
affordable and maintained in accordance with the Uniform Affordability
Controls (N.J.A.C. 5:80-26.1 et seq.) and must contain the required
restrictive covenants and deed restrictions. All applicants shall
also comply with applicable COAH regulations including but not limited
to inclusionary development (N.J.A.C. 5:93-7), affordability controls
(N.J.A.C. 5:93-9), affirmative marketing (N.J.A.C. 5:93-11), monitoring
(N.J.A.C. 5:93-12), and alternative living arrangements (N.J.A.C.
5:93-8) if applicable.
(c)
Verification of preliminary approval of project by any federal
or state agency which finances or assists the financing or operation
of such housing.
(2)
All other applicable requirements of the ordinances of the Borough
of Woodstown must be satisfied.
D.
Provisions applicable to residential units.
(1)
The architectural character of each dwelling unit shall be compatible
in style and scale with dwelling units in the surrounding neighborhood.
(2)
Minimum setback for all structures shall be 10 feet from any
common parking area.
(3)
Parking must be set back a minimum of 20 feet from property
lines.
(4)
Pedestrian sidewalks must be provided along all public and private
streets and connecting to all community buildings and facilities.
(5)
The maximum building length is 200 feet.
(6)
No more than eight units may be connected in a single structure.
(7)
Refuse collection areas shall be provided and shielded with
an enclosure designed to match the principal building and shall be
surrounded on three sides by landscaping.
(8)
Common areas shall contain clusters of shade trees in addition
to grass and ornamental planting.
(9)
A 25 foot wide buffer area is required to adjacent residential
properties and shall be planted with a double row of evergreen trees,
a minimum of five feet in height at the time of planting.
[Amended 1-24-95 by Ord. No. 481]
All garage sales shall be governed by the provisions of Chapter 75 of this Code. All such sales are permitted in all zoning districts within the Borough of Woodstown.
[Added 6-14-2011 by Ord.
No. 2011-9]
A.
General provisions applicable to all accessory structures.
B.
Residential accessory uses.
(1)
Each residential property shall be permitted two detached accessory
buildings.
(2)
Detached accessory structures equal to or less than 100 square feet
in area must be setback a minimum of one foot from side and rear property
lines.
(3)
Detached accessory structures greater than 100 square feet in area
but less than 200 square feet in area must be setback a minimum of
five feet from side and rear property lines.
(4)
Detached accessory structures over 200 square feet in area must meet
the side and rear yard setbacks for the zoning district.
(5)
Accessory structures attached to the principal structure that are
not enclosed (such as a deck or patio) may encroach into the rear
yard setback by 10 feet. Example: if the required rear yard setback
for the principal structure is 25 feet, then a deck may be setback
a minimum of 15 feet.
(6)
The maximum height for an accessory structures is 25 feet and may
consist of no more than one story. Loft storage space is permitted.
(7)
Detached accessory structures must be separated from each other and
the principal structure by a minimum of 10 feet.
C.
Nonresidential uses.
(1)
Accessory structures for nonresidential uses require minor site plan
approval (except compliant fences and signs, which require approval
of the Construction Official).
(2)
An accessory building that is attached to a principal building shall
comply with the setback and yard requirements of the zone for the
principal building.
(3)
Detached accessory structures equal to or less than 100 square feet
in area must be set back a minimum of one foot from side and rear
property lines.
(4)
Detached accessory structures greater than 100 square feet in area
but less than 200 square feet in area must be setback a minimum of
five feet from side and rear property lines.
(5)
Notwithstanding the setback requirements above, no accessory structure
except for fences, may encroach into any required buffer area.
(6)
Detached accessory structures greater than 200 square feet in area
must meet the side and rear yard setbacks for the zoning district.
[Amended 8-10-87 by Ord. No. 384; 3-28-88 by Ord. No. 394; 5-25-99 by Ord. No. 535; 8-27-02
by Ord. No. 570; 3-14-06 by Ord. No. 2006-22; 10-14-14 by Ord. No. 2014-12; 5-11-2021 by Ord. No. 2021-9; 2-8-2022 by Ord. No. 2022-1]
A.
Applicants must pay all application fees and initial review escrow
deposits as provided below. Fees and initial review escrow deposits
are due and payable when the application is filed with the Planning
Board Secretary, and must be submitted to the Planning Board Secretary
with the application.
B.
Fees to be paid shall be according to the following schedule:
|
Nature of Application or Service
|
Fee
|
|---|---|
|
Conditional use
|
$250
|
|
Use variance application
|
$1,500
|
|
Bulk variance application
|
$500
|
|
Site plan review (minor; preliminary; major)
|
$500
|
|
Waiver of site plan review
|
$100
|
|
Informal review (to be applied toward application fee per § 67-13D)
|
$250
|
|
Minor subdivision
|
$250
|
|
Major subdivision (preliminary)
|
$500
|
|
Major subdivision (final)
|
$500
|
|
Appeal from Zoning Officer and/or interpretation of ordinance/map
|
$100
|
|
Nonconforming structure/use determination (N.J.S.A. 40:55D-28)
|
$250
|
|
Sketch submission (per § 67-13E)
|
$100
|
|
Residential solar array permit (per § 67-58 - no escrow required)
|
$100
|
|
Any other type of application, submission or request
|
$100
|
|
Transcript
| |
|
Original, per page
|
$2.50
|
|
Added copy, per page
|
$1
|
|
Reapplication
|
Same fee as initial application
|
|
Zoning permits application fee
|
$10
|
|
Zoning Permit Fee
| |
|
Farm structures
|
$15
|
|
Residential accessory
|
$20
|
|
New dwelling
|
$50
|
|
Nonresidential/commercial
|
$75
|
C.
Initial review escrow deposits shall be paid according to the following
schedule:
|
Nature of Application or Service
|
Fee
|
|---|---|
|
Conditional use
|
$2,000
|
|
Use variance
|
$3,000
|
|
Bulk variance
|
$2,000
|
|
Informal review
|
$2,000
|
|
Waiver of site plan review
|
$2,000
|
|
Minor site plan
|
$2,000
|
|
Major site plan
|
$6,500
|
|
Minor subdivision
|
$2,000
|
|
Major subdivision
|
$6,500
|
|
Environmental impact statement (EIS) review
|
$500
|
|
Appeal from Zoning Officer and/or interpretation of ordinance/map
|
$2,000
|
|
Nonconforming structure/use determination
|
$2,000
|
|
Sketch submission
|
$1,000
|
|
Any other type of application, submission or request
|
$2,000
|
D.
The Planning Board Secretary shall deliver the initial review escrow
deposits to the Borough Chief Financial Officer (CFO), who shall establish
a separate bank account for each applicant's review escrow. The
applicant must provide all information and documentation reasonably
requested by the CFO to establish the account. Review escrow accounts
shall be separate from any inspection escrow accounts established
pursuant to N.J.S.A. 40:55D-53 et seq.
E.
The Planning Board's and Borough's professionals (including
the Planning Board's and Borough's Engineers, Planners,
Solicitors, and any other professional consultant retained by the
Board or the Borough) shall charge the Borough for review of applications;
review and preparation of documents; review of compliance with conditions
of approval or requests for modification or amendment made by the
applicant; inspection of improvements and developments under construction;
and other purposes under the provisions of the Woodstown Borough Code
and the Municipal Land Use Law, including review by outside consultants
when an application is of a nature beyond the scope of the expertise
of the professionals normally utilized by the Planning Board or Borough.
Such charges shall be submitted to the Borough by bills and vouchers
to the Planning Board Secretary or CFO on a monthly basis or at other
reasonable intervals in accordance with schedules and procedures established
by the CFO. The only costs that may be included in any such charges
shall be actual out-of-pocket expenses of the professionals, including
normal and typical expenses incurred in processing applications and
inspecting improvements, or such other expenses as may be incurred
at the direction of the Planning Board or Borough in consultation
with an applicant or applicant's legal counsel. Each bill and
voucher shall identify the personnel performing the services; each
date services are performed; the hours spent to at least one-quarter-hour
increments; the hourly rate; and any expenses incurred. The professionals
shall simultaneously send informational copies of all bills and vouchers
to the applicant. The CFO shall make all of the payments to the professionals
for services rendered to the Planning Board or Borough, and shall
cause the Borough to be reimbursed for all such payments from the
applicant's review escrow.
F.
The CFO shall prepare and send to the applicant statements which
shall include an accounting of funds listing all deposits, interest
earnings, disbursements, and the cumulative balance of the review
escrow account. This information may be provided at any time, but
shall be provided at least on a quarterly basis if monthly charges
are $1,000 or less, or on a monthly basis if monthly charges exceed
$1,000. Whenever a review escrow account balance falls below 50% of
the total initial escrow deposit amount, or otherwise contains insufficient
funds to reimburse the Borough for bills and vouchers that have been
submitted or are anticipated for the above-described services, the
CFO shall provide the applicant with written notice of the insufficient
escrow balance. The notice shall require the applicant to replenish
the review escrow in an amount sufficient to pay all submitted or
anticipated professional bills as directed by the CFO, and to restore
the escrow account balance to the total initial escrow deposit amount,
provided that the CFO may require a lower replenishment amount if
so recommended by the professionals or, if special circumstances attend
any particular application, or if special consultants are being hired
by the Planning Board or Borough in connection with any particular
application, the CFO may require such higher replenishment amount
as may be recommended by the professionals. The applicant must remit
the requested review escrow replenishment amount to the CFO within
five business days following the date of any request, or within such
other reasonable deadline as may be determined by the CFO in consultation
with the professionals.
G.
If a requested review escrow replenishment is not received by the
specified deadline, the CFO shall notify the professionals and the
Planning Board Chair and Secretary, whereupon the Chair may request
the professionals to cease work on the application until further notice
unless otherwise agreed by the Borough, the Planning Board, and the
applicant, provided that, in the interim, any required health and
safety inspections shall be made and included in the required replenishment
amount.
H.
If a deadline for completeness review or decision on an application
is approaching and a requested escrow replenishment has not been remitted
as required, the Planning Board may certify the application incomplete
and/or deny the application without prejudice pending payment of the
replenishment amount and any additional amounts necessary to reimburse
or pay the Borough for professional billing that has accrued to date
and restore the review escrow account balance to the required level.
Any application denied without prejudice as provided above may be
reactivated for further substantive review and decision without refiling
upon the applicant's written request and payment of the reapplication
fee if the necessary replenishment is received within one year following
the Board's denial. After that the application may be refiled
as a new application, provided that the applicant for any subsequent
application made in connection with a property or part thereof that
was subject to a previous application for which a previously required
replenishment was not made shall, in addition to payment of all application
fees and initial review escrow deposit amounts required for the new
application, be conditioned on full payment or reimbursement to the
Borough for all professional bills relating to the previous application(s),
and shall not be certified or deemed complete until such full payment/reimbursement
is made.
I.
Upon receiving a written request from an applicant to close a review
escrow account and refund any remaining balance pursuant to N.J.S.A.
40:55D-53.1, the CFO shall write to all Planning Board and Borough
professionals and other professionals who have worked on the application
requesting them to advise the CFO, within 30 days, of the status of
each professional's billing, including any bills that have been
submitted but not paid, any amounts accrued for which bills have not
yet been submitted, and whether and to what extent any further billing
is anticipated based on the status of the application. Based on the
responses from the professionals, the CFO shall determine whether
or not the review escrow account can be closed and refunded as requested,
and/or whether, and in what amount, the review escrow account must
be replenished to cover remaining or anticipated billing.
J.
Whenever an amount of review escrow money in excess of $5,000 is
deposited by an applicant, the money, until repaid or applied to the
purposes for which it is deposited, including the applicant's
portion of the interest earned thereon, except as otherwise provided
above, shall continue to be the property of the applicant and shall
be held in trust by the Borough. The CFO shall deposit it in a banking
institution or savings and loan association in this state insured
by an agency of the federal government, or in any other fund or depository
approved for such deposits by the state, in an account bearing interest
at the minimum rate currently paid by the institution or depository
on time or savings deposits. The CFO shall notify the applicant in
writing of the name and address of the institution or depository in
which the deposit is made and the amount of the deposit. The CFO shall
not be required to refund an amount of interest paid on a deposit
which does not exceed $100 for the year. If the amount of interest
exceeds $100, that entire amount shall belong to the applicant and
shall be refunded to the applicant by the CFO annually or at the time
the deposit is repaid or applied to the purposes for which it was
deposited, as the case may be; except that the Borough may retain
for administrative expenses a sum equivalent to no more than 33 1/3%
of that entire amount, which shall be in lieu of all other administrative
and custodial expenses.
K.
Inspection escrows posted as a condition or requirement of development
approval shall be established as separate accounts and governed by
N.J.S.A. 40:55D-53 et seq.
Immediately upon the adoption of this Part 3, the Municipal
Clerk shall file a copy with the Salem County Planning Board as required
by law.
This Part 2 shall take effect upon the filing thereof with the
County Planning Board after final passage, adoption and publication
in the manner prescribed by law.
