With passage of this chapter, the governing body requires that
the Planning and Zoning Board and Zoning Board of Adjustment shall
exercise the respective powers stated below and hereby granted by
the governing body to these boards.
A.
Powers granted to the Planning and Zoning Board.
(1)
Prepare, adopt or amend the Master Plan in accordance with provisions
of the Municipal Land Use Law, N.J.S.A. 40:55D-28a.
(2)
Approval of subdivision plats and site plans in accordance with
provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-37.
(3)
Make and transmit reports to the governing body on this chapter,
the Official Map and all other proposed development regulations, revisions
or amendments referred to the Planning and Zoning Board by the governing
body in accordance with the provisions of the Municipal Land Use Law,
N.J.S.A. 40:55D-26, 40:55D-37, 40:55D-64.
(4)
Grant conditional uses in accordance with the provisions of
the Municipal Land Use Law, N.J.S.A. 40:55D-67.
(5)
Prepare a program of municipal capital improvement projects
in accordance with the provisions of the Municipal Land Use Law, N.J.S.A.
40:55D-29.
(6)
Exercise ancillary powers in accordance with the provisions
of the Municipal Land Use Law, N.J.S.A. 40:55D-60.[1]
[1]
Editor's Note: Original Subsection 15.1.1g, which immediately
followed, was repealed 5-4-1989 by Ord. No. 1989-4. This ordinance
also redesignated original Subsection 15.1.1h as 15.1.1g.
(7)
Perform such other advisory duties as may be assigned by ordinance
or resolution of the governing body.
B.
Powers granted to the Zoning Board of Adjustment.
(1)
Hear and decide appeals alleging an error made by an Administrative
Officer in accordance with provisions of the Municipal Land Use Law,
N.J.S.A. 40:55D-70a.
(2)
Hear and decide requests for interpretation of the Zoning Map,
this chapter or upon other special questions in accordance with provisions
of the Municipal Land Use Law, N.J.S.A. 40:55D-70b.
(3)
Grant hardship variances in accordance with the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-70D. Any municipal variance approval which grants relief from the density or lot area requirements set forth in § 275-13A, § 275-21A or § 275-31A for a residential or principal nonresidential use in the PV-R, PV-NB or PV-I Zones shall require that Pinelands development credits be used for all dwelling units or lots in excess of that permitted without the variance.
[Amended 9-2-1993 by Ord. No. 1993-8; Ord. No. 1997-2]
(4)
Grant use variances in accordance with provisions of the Municipal
Land Use Law, N.J.S.A. 40:55D-70d.
(5)
Issue a permit for a building or structure in the bed of a mapped
street or public drainageway, flood control basin or public area reserved
by the Official Map in accordance with provisions of the Municipal
Land Use Law, N.J.S.A. 40:55D-76.
(6)
Issue a permit for a building or structure not related to a
street in accordance with provisions of the Municipal Land Use Law,
N.J.S.A. 40:55D-76.
(7)
Grant subdivision, site plan and conditional use approvals whenever
a proposed development requires a use variance in accordance with
provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-76.
Each application for subdivision approval, where required pursuant
to Section 5 of P.L. 1968, c. 285,[1] and each application for site plan approval, where required
pursuant to Section 8 of P.L. 1968, c. 285,[2] shall be submitted by the applicant to the County Planning
Board for review or approval, as required by the aforesaid sections,
and the Planning and Zoning Board or Zoning Board of Adjustment shall
condition any approval that it grants upon timely receipt of a favorable
report on the application by the County Planning Board or approval
by the County Planning Board by its failure to report thereon within
the required time period.
[Amended 5-4-1989 by Ord. No. 1989-4]
A.
Applicability of procedures.
(1)
No person shall carry out any development within the municipality
without obtaining approval from an approval authority and without
obtaining development approval in accordance with the procedures set
forth in this section.
(2)
Except as provided in Subsection A(3) below, the following shall not be subject to the procedures set forth in this:
(a)
The improvement, expansion, or reconstruction within five years
of destruction or demolition, of any single-family dwelling unit or
appurtenance thereto;
(b)
The improvement, expansion, construction or reconstruction of
any structure accessory to a single-family dwelling;
(c)
The improvement, expansion, construction or reconstruction of
any structure used exclusively for agricultural or horticultural purposes;
(d)
The construction, repair, or removal of any sign, except for
the construction or replacement of any off-site commercial advertising
sign;
(e)
The repair of existing utility distribution lines;
[Amended by Ord.
No. 1997-2]
(f)
The clearing of less than 1,500 square feet of land;
(g)
The construction of any addition or accessory structure for
any nonresidential use or any multifamily residential structure provided
that:
[Amended 11-5-2018 by Ord. No. 2018-05]
[1]
If the addition or structure will be located on or below an existing
impervious surface, either the existing use is served by public sewers
or the addition or structure will generate no wastewater flows, and
said addition or structure will cover an area of no more than 4,999
square feet; and
[2]
If the addition or structure will not be located on or below an impervious
surface, said addition or structure will generate no wastewater flows
and will cover an area of no more than 1,000 square feet.
(h)
The demolition of any structure that is less than 50 years old.
(i)
The installation of utility distribution lines, except for sewage
lines, to serve areas which are effectively developed or development
which has received all necessary approvals and permits;
[Added by Ord.
No. 1997-2]
(j)
The repair or replacement of any existing on-site wastewater
disposal system;
[Added by Ord.
No. 1997-2]
(k)
The repaving of existing paved roads and other paved surfaces,
provided no increase in the paved width or area of said roads and
surfaces will occur;
[Added by Ord.
No. 1997-2; amended 11-5-2018 by Ord. No. 2018-05]
(l)
The clearing of land solely for agricultural or horticultural
purposes;
[Added by Ord.
No. 1997-2; amended 11-5-2018 by Ord. No. 2018-05]
(m)
Fences, provided no more than 1,500 square feet of land is to
be cleared;
[Added by Ord.
No. 1997-2]
(n)
Aboveground telephone equipment cabinets;
[Added by Ord.
No. 1997-2]
(o)
Tree pruning;
[Added by Ord.
No. 1997-2]
(p)
The following forestry activities:
[Added by Ord.
No. 1997-2]
[1]
Normal and customary forestry practices on residentially improved
parcels of land that are five acres or less in size;
[2]
Tree harvesting, provided that no more than one cord of wood
per five acres of land is harvested in any one year and that no more
than five cords of wood are harvested from the entire parcel in any
one year;
[3]
Tree planting, provided that the area to be planted does not
exceed five acres in any one year, no soil disturbance occurs other
than that caused by the planting activity and no trees other than
those authorized by N.J.A.C. 7:50-6.25 are to be planted; and
[4]
Forest stand improvement designed to selectively thin trees
and brush, provided that no clearing or soil disturbance occurs and
that the total land area on the parcel in which the activity occurs
does not exceed five acres in any one year;
(q)
Prescribed burning and the clearing and maintaining of fire
breaks; or
[Added by Ord.
No. 1997-2]
(r)
Normal and customary landscape plantings, unless a landscaping plan is required pursuant to § 275-95B(1) or Articles VIII and IX.
[Added by Ord.
No. 1997-2]
(s)
The installation of an accessory solar energy facility on any existing
structure or impervious surface.
[Added 11-5-2018 by Ord. No. 2018-05]
(t)
The installation of a local communications facilities antenna on
an existing communications or other suitable structure, provided such
antenna is not inconsistent with any comprehensive plan for local
communications facilities approved by the Pinelands Commission pursuant
to N.J.A.C. 7:50-5.4(c)6.
[Added 11-5-2018 by Ord. No. 2018-05]
(u)
The establishment of a home occupation within an existing dwelling
unit or structure accessory thereto, provided that no additional development
is proposed.
[Added 11-5-2018 by Ord. No. 2018-05]
(v)
The change of one nonresidential use to another nonresidential use,
provided that the existing and proposed uses are or will be served
by public sewers and no additional development is proposed.
[Added 11-5-2018 by Ord. No. 2018-05]
(3)
The exceptions contained in Subsection A(2) above shall not apply to any historic resources designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154.
(4)
Nothing herein shall preclude any local or state agency from
reviewing, in accordance with the provisions of any applicable ordinance
or regulation, any proposed development which does not require an
application to the Pinelands Commission pursuant to this section.
B.
Application requirements for minor development.
(1)
Any application for approval of minor development shall include
at least the following information:
(a)
The applicant's name and address and his interest in the subject
property;
(b)
The owner's name and address, if different from the applicant's,
and the owner's signed consent to the filing of the application;
(c)
The legal description, including block and lot designation and
street address, if any, of the subject property;
(d)
A description of all existing uses of the subject property;
(e)
A brief written statement generally describing the proposed
development;
(f)
A USGS Quadrangle map, or copy thereof, and a copy of the municipal
Tax Map sheet on which the boundaries of the subject property and
the Pinelands management area designation and the zoning designation
are shown;
(g)
A plat or plan showing the location of all boundaries of the
subject property, the location of all proposed development and existing
or proposed facilities to provide water for the use and consumption
of occupants of all buildings and sanitary facilities which will serve
the proposed development. The following information shall be included
with respect to existing or proposed sanitary facilities:
[1]
On-site treatment facilities: location, size, type and capacity
of any proposed on-site wastewater treatment facilities; and
[2]
Soil borings and percolation tests. If on-site sewage disposal is proposed, results of soil borings and percolation tests in accordance with N.J.S.A. 58:11-23 et seq., and the regulations adopted pursuant thereto, shall be submitted at suitable locations with a tract map showing location, logs, elevations of all test holes, indicating where groundwater was encountered, estimating the seasonal high water table and demonstrating that such facility is adequate to meet the water quality standards contained in § 275-96B.
(h)
A location map, including the area extending at least 300 feet
beyond each boundary of the subject property, showing ownership boundary
lines, the boundary of the proposed development, owners of holdings
adjoining and adjacent to the subject property, existing facilities,
buildings and structures on the site, all proposed development, wetlands,
streams (including intermittent streams), rivers, lakes and other
water bodies and existing roads;
(i)
A soils map, including a county soils survey which conforms
to the guidelines of the United States Department of Agriculture Soil
Conservation Service, showing the location of all proposed development;
(j)
A map showing existing vegetation, identifying predominant vegetation
types in the area, and showing proposed landscaping of the subject
property, including the location of the tree line before and after
development and all areas to be disturbed as a result of the proposed
development;
(k)
A certificate of filing from the Pinelands Commission issued
pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence
of prior approval from the Pinelands Development Review Board or the
Pinelands Commission pursuant to the Interim Rules and Regulations;
and
(l)
When prior approval for the development has been granted by
an approving authority, evidence of Pinelands Commission review pursuant
to this section.
(m)
In lieu of Subsection B(1)(a) through (l) above, the application requirements of § 275-105B(2) shall apply in applications for development of a single-family dwelling on an existing lot of record.
[Added 9-10-1996 by Ord.
No. 1996-06]
(2)
Procedures for applications for the development of a single-family
dwelling.
[Added 9-10-1996 by Ord.
No. 1996-06]
(a)
The Zoning Officer is hereby authorized and directed to issue
preliminary zoning permits as a prerequisite to the issuance of a
construction permit or other permits or approvals which are needed
to develop a single-family dwelling on an existing lot of record within
the Township of Washington.
(b)
Applications for a preliminary zoning permit.
[1]
An application for a preliminary zoning permit shall be submitted
to the Zoning Officer and shall include the following:
[a]
The applicant's name and address and his interest
in the subject property;
[b]
The applicant's signed certification that he is
duly authorized to submit the application, that the materials and
information are accurate, and that duly authorized representatives
of the Township of Washington and Pinelands Commission are authorized
to inspect the property;
[c]
The owner's name and address, if different from
the applicant's, and the owner's signed consent to the filing of the
application;
[d]
The street address, if any, the Tax Map sheet and
block and lot number of the property;
[e]
Proof that taxes for the property have been paid;
[f]
Acreage of the property, in square feet;
[g]
A dated plot plan, with the scale noted, showing:
[i]
The zoning district in which the property is located;
[ii]
The location and dimensions of all property lines,
easements affecting the property, and streets abutting the property;
[iv]
The location and use of all existing structures
and improvements on the property and their intended disposition;
[v]
A building envelope within which the single-family
dwelling is to be located;
[vi]
The location and dimensions of the proposed driveway;
[vii]
The location and dimensions of any proposed accessory
structures or improvements;
[viii]
The location and dimensions of the area in which
any sewage disposal system, including the disposal field, is proposed
to be located;
[ix]
The location of any proposed water supply well;
and
[x]
A delineation of floodplain and wetlands buffer
lines, if applicable.
[h]
Fee. The fee for said review shall be $150 and
shall be remitted with the application.
[2]
The Zoning Officer is authorized to require such additional
information as may be necessary to determine compliance with the Land
Development Ordinance. Such may include, but is not limited to, a
soil boring in the area of any proposed septage system disposal field,
forest fire fuel hazard and fuel break, or wetland and wetland buffer
map and information to determine compliance with any permitted use
requirement of the Land Development Ordinance.
[3]
The Zoning Officer is authorized to waive any of the aforementioned
application requirements if the information is not necessary to determine
compliance with the Land Development Ordinance.
[4]
Within 30 days of receipt of an application, the Zoning Officer
shall determine whether the application is complete and, if necessary,
notify the applicant of any additional information which is necessary
to complete the application.
(c)
Permit decisions. Within 14 days of determining an application
to be complete, the Zoning Officer shall issue either a preliminary
zoning permit or a refusal to issue a preliminary zoning permit.
(d)
Preliminary zoning permit.
[1]
A preliminary zoning permit shall be issued if:
[a]
The application is consistent with the requirements
of the Land Development Ordinance or any necessary variance from those
requirements has been obtained;
[b]
No waiver of strict compliance from the requirements
of the Pinelands Comprehensive Management Plan is necessary or any
such waiver has been approved by the Pinelands Commission; and
[c]
A duly authorized representative of the Pinelands
Commission approves the Zoning Officer's determination and so signifies
by signing the preliminary zoning permit.
[2]
A preliminary zoning permit shall expressly incorporate the
plot plan being approved, shall specify any conditions which the Zoning
Officer determines are necessary to ensure compliance with the Land
Development Ordinance, and shall specify the expiration date of the
permit.
[3]
The Zoning Officer shall provide copies of the application and
the preliminary zoning permit to the Pinelands Commission within five
days of the issuance of the permit.
(e)
Effect of preliminary zoning permit.
[1]
A preliminary zoning permit represents a determination that
the application meets the requirements of the Land Development Ordinance
and the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1
et seq.
[2]
A preliminary zoning permit shall be valid for two years and
shall, during that period, confer the following rights and privileges:
[a]
The approved application shall not be subject to
any substantive revisions of the Land Development Ordinance or the
Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq.
[b]
Any subsequent approvals necessary for the development
of the single-family dwelling on the property may be sought without
the need for a certificate of filing from the Pinelands Commission.
(f)
Refusal to issue preliminary zoning permit.
[1]
The Zoning Officer shall issue a refusal to issue a preliminary
zoning permit if any of the following is found to apply:
[a]
A variance from the Land Development Ordinance
of the Township of Washington is required;
[b]
A variance from the Land Development Ordinance
of the Township of Washington is not required but the Zoning Officer
nevertheless determines that the application does not meet any requirement
of the Land Development Ordinance that reflects a provision of the
Pinelands Comprehensive Management Plan;
[c]
A waiver of strict compliance from the Pinelands
Comprehensive Management Plan is required; or
[d]
The duly authorized representative of the Pinelands
Commission has not attested to the consistency of the application
with the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1
et seq.
[2]
A refusal to issue a preliminary zoning permit shall expressly reference the reasons why the refusal was issued. If the refusal is predicted solely upon the need to obtain a variance from the Land Development Ordinance the refusal shall also indicate that upon the applicant's submission of evidence of Planning and Zoning Board approval of the necessary variance, the Zoning Officer shall determine whether a preliminary zoning permit may be issued pursuant to Subsection B(2)(d) above.
[3]
When a refusal to issue a preliminary zoning permit is predicated
solely upon the need to obtain a variance from the Land Development
Ordinance, the Zoning Officer shall provide a copy of the application
and the refusal to the Pinelands Commission within five days of the
issuance.
[4]
When a refusal to issue a preliminary zoning permit is predicated wholly or in part upon Subsection B(2)(f)[1][b], [c] or [d] above, the Zoning Officer shall provide the original application and a copy of the refusal to the Pinelands Commission within five days of the issuance. The Pinelands Commission shall thereafter process the application pursuant to the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq. and § 275-105D through G of the Land Development Ordinance of the Township of Washington. In lieu of a preliminary zoning permit, a certificate of filing from the Pinelands Commission shall thereafter be required as a prerequisite to the issuance of a construction or other permit.
(g)
Zoning Officer vacancy. Should the position of Zoning Officer become vacant for any reason, the application procedures set forth in § 275-105B(2) shall be of no force or effect and the procedures of § 275-105B(1) and D through G shall apply until the position has been filled.
C.
Application requirements for other development.
(1)
All applications for major development, other than forestry,
shall be accompanied by the information required in N.J.A.C. 4.2(b)5,
as well as the following:
(a)
A certificate of filing from the Pinelands Commission issued
pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence
of prior approval from the Pinelands Development Review Board or the
Pinelands Commission pursuant to the Interim Rules and Regulations;
and
(b)
When prior approval for the development has been granted by
an approving authority, evidence of Pinelands Commission review pursuant
to this section.
D.
Notices to the Pinelands Commission.
[Amended 9-10-1996 by Ord. No. 1996-06; 11-5-2018 by Ord. No. 2018-05]
(1)
Application submission and modifications. Written notification
shall be given by the Township, by email or regular mail, to the Pinelands
Commission within seven days after a determination is made by the
Township that an application for development in the Pinelands Area
is complete or if a determination is made by the Township approval
agency that the application has been modified. Said notice shall contain:
(a)
The name and address of the applicant;
(b)
The legal description and street address, if any, of the parcel
that the applicant proposes to develop;
(c)
A brief description of the proposed development, including uses
and intensity of uses proposed;
(d)
The application number of the certificate of filing issued by
the Pinelands Commission and the date on which it was issued;
(e)
The date on which the application, or any change thereto, was
filed and any application number or other identifying number assigned
to the application by the approval agency;
(f)
The approval agency with which the application or change thereto
was filed;
(g)
The content of any change made to the application since it was
filed with the Commission, including a copy of any revised plans or
reports; and
(h)
The nature of the municipal approval or approvals being sought.
(2)
Meetings and hearings. Where a meeting, hearing or other formal
proceeding on an application for development approval in the Pinelands
Area is required, the applicant shall provide notice to the Pinelands
Commission by email, regular mail or delivery of the same to the principal
office of the Commission at least five days prior to such meeting,
hearing or other formal proceeding. Such notice shall contain at least
the following information:
(a)
The name and address of the applicant;
(b)
The application number of the certificate of filing issued by
the Pinelands Commission and the date on which it was issued;
(c)
The date, time and location of the meeting, hearing or other
formal proceeding;
(d)
The name of the approval agency or representative thereof that
will be conducting the meeting, hearing or other formal proceeding;
(e)
Any written reports or comments received by the approval agency
on the application for development that have not been previously submitted
to the Commission; and
(f)
The purpose for which the meeting, hearing or other formal proceeding
is to be held.
(3)
Notice of approvals and denials. The Pinelands Commission shall
be notified of all approvals and denials of development in the Pinelands
Area, whether the approval occurs by action or inaction of any agency
or an appeal of any approval agency's decision. The applicant shall,
within five days of the approval or denial, give notice by email or
regular mail to the Pinelands Commission. Such notice shall contain
the following information:
(a)
The name and address of the applicant;
(b)
The legal description and street address, if any, of the parcel
that the applicant proposes to develop;
(c)
The application number of the certificate of filing issued by
the Pinelands Commission and the date on which it was issued;
(d)
The date on which the approval or denial was issued by the approval
agency;
(e)
Any written reports or comments received by the approval agency
on the application for development that have not been previously submitted
to the Commission;
(f)
Any revisions to the application not previously submitted to
the Commission; and
(g)
A copy of the resolution, permit or other documentation of the
approval or denial. If the application was approved, a copy of any
preliminary or final plan, plot or similar document that was approved
shall also be submitted.
(4)
Except as provided in § 275-105B(2), the requirements of § 275-105D shall not apply to the issuance of a preliminary zoning permit or a refusal to issue a preliminary zoning permit for the development of a single-family dwelling on an existing lot of record.
E.
Review by the Pinelands Commission.
(1)
Upon receipt by the Pinelands Commission of a notice of approval pursuant to Subsection D(3) above, the application for development approval shall be reviewed in accordance with the provisions in N.J.A.C. 7:50-4.37 through 7:50-4.42. The approval of the approving authority shall not be effective and no development shall be carried out prior to a determination of whether the development approval will be reviewed by the Commission. If the applicant is notified that the Commission will review the application for development, no development shall be carried out until such review has been completed.
(2)
Until January 14, 1991, approvals issued by the Pinelands Development
Review board or the Pinelands Commission under the Interim Rules and
Regulations shall serve as the basis for Pinelands Commission review
of the local approval under this section.
(3)
Although the Pinelands Commission shall be notified of all denials,
no such denial actions are subject to further review and action by
the Pinelands Commission.
(4)
Except as provided in § 275-105B(2), the requirements of § 275-105E shall not apply to the issuance of a preliminary zoning permit or a refusal to issue a preliminary zoning permit for the development of a single-family dwelling on an existing lot of record.
[Added 9-10-1996 by Ord.
No. 1996-06]
F.
Condition on prior approvals of the municipality.
(1)
Where a prior approval has been granted by an approving authority,
no subsequent approval of an application for development approval
shall be obtained until one of the following is satisfied:
(2)
Notification is received from the Pinelands Commission that
review of the prior local approval is not required; or
(3)
Review of the municipality's approval has been completed pursuant
to N.J.A.C. 7:50-4.37 through 7:50-4.42, and a final order regarding
the approval is received by the municipality from the Pinelands Commission.
(4)
Except as provided in § 275-105B(2), the requirements of § 275-105F shall not apply to the issuance of a preliminary zoning permit or a refusal to issue a preliminary zoning permit for the development of a single-family dwelling on an existing lot of record.
[Added 9-10-1996 by Ord.
No. 1996-06]
G.
Effect of Pinelands Commission decision on Township approval.
(1)
If the Pinelands Commission disapproves an application for development
previously approved by an approving authority, such approval shall
be revoked by the approval authority within 30 days, and the authority
shall thereafter deny approval of the application. If the Commission
approves the decision of an approving authority subject to conditions,
the approving authority which had previously approved the application
shall, within 30 days, modify its approval to include all conditions
imposed by the Commission and, if final approval of the application
is required, shall grant final approval only if the application for
approval demonstrates that the conditions specified by the Commission
have been met by the applicant.
(2)
Except as provided in § 275-105B(2), the requirements of § 275-105G shall not apply to the issuance of a preliminary zoning permit or a refusal to issue a preliminary zoning permit or a refusal to issue a preliminary zoning permit for the development of a single-family dwelling on an existing lot of record.
[Added 9-10-1996 by Ord.
No. 1996-06]
H.
Participation of Pinelands Commission in public hearings. The Pinelands
Commission may participate in a hearing held in the municipality involving
the development of land in the municipality pursuant to N.J.A.C. 7:50-4.36.
I.
Environmental Commission review. All applications for major development,
forestry and resource extraction shall be referred to the Environmental
Commission for review and comment.
J.
Amendments. In amending the municipality's master plan, or this chapter,
the municipality shall comply with all of the requirements of N.J.A.C.
7:50-3.45.
[Amended 5-4-1989 by Ord. No. 1989-4]
All development proposed by the municipality 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. and with all the standards set
forth in this chapter.
A.
The governing body shall enforce this chapter and any other ordinance
or regulation made or adopted hereunder.
B.
To this end, the governing body hereby requires the issuance of specified
permits, certificates or authorizations as a condition precedent to:
C.
The governing body hereby establishes a Zoning Officer and offices
for the purpose of issuing such permits, certificates or authorizations
in accordance with provisions of the Municipal Land Use Law, N.J.S.A.
40:55D-18.
A.
General.
(1)
Applications for all permits and certificates provided for in this chapter shall be made upon the proper form and shall be accompanied by the fee prescribed in § 275-112 or as prescribed elsewhere.
(2)
Where a permit or certificate is denied, the Administrative
Officer responsible for the denial shall promptly send to the applicant,
at the address given on the application, a notice of decision setting
forth the reasons for denial.
B.
Building permits and certificates of occupancy.
(1)
No building permits shall be issued by the Municipal Construction
Official for any dwellings, buildings or structures within a subdivision
until final approval has been granted. Upon application to the Planning
and Zoning Board, up to three building permits may be issued for model
homes in a major subdivision prior to final approval.
(2)
No building permits shall be issued for alteration or construction
of buildings or structures, sign construction or change in use until
final site plan approval has been installed or completed.
(3)
No certificate of occupancy for any dwelling, building or structure
shall be granted by the Municipal Construction Official unless all
required improvements have been installed or completed.
C.
Certificate as to approval of subdivision of land. The prospective
purchaser, prospective mortgagee, or any other person interested in
any land which forms any part of a subdivision, or which formed part
of such a subdivision on or after August 1, 1973, may apply, in writing,
to the Administrative Officer for the issuance of a certificate certifying
whether or not such subdivision has been approved by the municipality.
Such application shall contain a diagram showing the location and
dimension of the land to be covered by the certificate and the name
of the owner thereof. The administrative procedures shall be in accordance
with provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-56.
D.
Zoning permits.
[Amended 12-3-2019 by Ord. No. 2019-07]
(1)
Purpose. The basic purpose of a zoning permit is to assure that
the proposed use, construction or alteration will be in accordance
with the provisions of the municipal ordinances. The zoning permit
considers the location and use of the building based on the requirements
of the land development ordinances and certifies that such location
and use is:
(2)
After the filing of a complete application for a zoning permit,
the Zoning Officer shall determine whether the proposed use is permitted
or not and whether a development application is required to be submitted
to the Planning Board.
(3)
A zoning permit application for a use not specifically listed
as permitted in a particular zone district shall be denied unless
a use variance has been granted by the Planning Board. The Zoning
Officer shall specify in writing what sections of the ordinance are
involved and what approvals and/or variances would be required before
a zoning permit could be issued.
(4)
Permit required. The issuance of a zoning permit shall be required
prior to the commencement of:
(a)
Any use, change of use or extension of a nonconforming use of
lands and premises;
(b)
The construction, reconstruction, alteration, or installation
of a structure or building, or any part thereof;
(c)
The removal or destruction of any building or structure;
(d)
Any and all changes to structures and properties in any designated
historic districts; or
(e)
ADA-compliant accessibility improvements.
(5)
Permit not required. A zoning permit shall not be required for
internal or external repairs or replacement of exterior features,
including:
(a)
Siding installation, replacement, or repair;
(b)
Roofing replacement or repair;
(c)
Window replacement or repair;
(d)
Door replacement or repair;
(e)
Step replacement or repair, not including the change of size
or complete replacement of all exterior steps;
(f)
Septic system repair;
(g)
Service upgrades, replacement or repair of meter sockets, and
panels; or
(h)
Internal renovation where the building use remains unchanged,
not including new offices and apartments, in-law suites, finished
basements, and similar uses.
(6)
Exemptions for ADA accessibility.
(a)
No zoning permit fee shall be required for the construction,
reconstruction, alteration, improvement or repair of a structure used
for the sole purpose of promoting accessibility by the disabled as
defined under N.J.S.A. 52:27D-126e.
(b)
Upon application for and at the discretion of the Zoning Officer,
the construction, reconstruction, alteration, improvement and/or repair
or installation of ramps, lifts, etc., associated with the accessibility
of disabled persons may be permitted to infringe upon setback requirements.
(7)
Prior approval for construction permit. The issuance of a zoning
permit shall be required prior to the issuance of a construction permit
by the Construction Code Official for the construction, alteration,
remodeling, removal or destruction of any building, structure or portion
thereof.
(8)
Relationship to construction permits. Nothing herein shall be
construed to obviate the requirement for applying for and obtaining
any required construction permit.
(9)
Application for zoning permit.
(a)
Applications for a zoning permit shall be on the forms provided
by the Township Clerk and submitted to the Zoning Officer together
with the required fee of $75.
[Amended 10-6-2020 by Ord. No. 2020-4]
(b)
Applications shall contain a statement by the applicant of all
existing and proposed uses of the lot and premises and such other
information as may be requested by the Zoning Officer reasonably necessary
for said official to ascertain whether the proposed use, change of
use, construction or alteration complies with the provisions of this
ordinance.
(c)
The applicant shall certify as to the truth of the information
submitted in the application and accompanying documents. Any willful
misstatements shall be considered a violation of this provision and
subject the offender to the penalties provided under the Code.
(d)
Applications shall be submitted to the Zoning Officer in triplicate.
Upon receipt, the Zoning Officer shall date each copy and provide
two copies to the applicant, one of which the applicant shall provide
to the Construction Official.
(e)
An application for a zoning permit shall be granted or denied
by the Zoning Officer within 10 business days of the date of filing
a complete application.
(10)
Issuance of a zoning permit.
(a)
If any application is granted or approved, a written permit
shall be issued by the Zoning Officer. The zoning permit may contain
applicable information, such as but not limited to the following:
(b)
If an application for permit is rejected or denied by the Zoning
Officer, the Zoning Officer shall state the reason(s) for such denial
in writing. Copies of the letter rejecting or denying the application
shall be provided to the applicant, the Board Secretary and the Clerk
of the Township.
(c)
No zoning permit shall be issued in instances wherein a subdivision
or site plan approval is required unless and until the applicant has
secured a minor, final subdivision or site plan approval and has complied
with all the terms and conditions of such approval and terms and provisions
of the applicable development regulation, including payment of required
fees, escrow deposits and posting of performance guarantees.
(d)
No zoning permit shall be issued for any use, change of use,
extension of nonconforming use, erection, repair, remodeling, conversion,
removal, destruction, replacement, relocation, construction, alteration
or moving of a building or structure for which an approval has been
granted by an approving authority if said approval has expired, been
revoked or was determined to be invalid.
(e)
No zoning permit shall be issued unless the applicant has obtained
and submitted a certification from the Tax Collector that no taxes
or assessments for local improvements are due or delinquent on the
property for which any application is made. However, a zoning permit
may issue for a tenant change-in-use as a one-time exemption. Such
exemption may only be granted to the landlord/property owner on a
one-time basis.
(f)
No zoning permit shall permit be issued unless the applicant
has completed zoning permit application. The application shall be
completely filled out, submitted three copies of the survey/plot plan
with proposal drawn to scale with the distances marked to the property
lines and the house. Note: The survey must be a true and accurate
representation of what currently exists and what is proposed, three
copies of the fence brochure. Construction permit will be required
if fence surrounds a pool or acts as a pool barrier. Three copies
of brochure/construction drawings for shed. If approval has been granted
by the Planning or Zoning Board, submit copy of resolution. Three
sets of architectural drawings and floor plans. Three sets of grading
plans must be submitted for in-ground pool applications.
(11)
Expiration of zoning permit. Any zoning permit shall be null
and void unless use or work authorized by such permit has been commenced
within one year from the date of issuance and proceeded with due diligence.
The zoning permit shall also expire upon expiration of any variance
for said use.
(12)
Nonwaiver. In no case shall the issuance or nonissuance of a
zoning permit be construed as a waiver of the provision of this section
or any other municipal ordinance; nor shall such be construed as a
waiver of the terms or provisions of any state statute, rule, regulation,
approval or decision of any approving agency.
A.
General.
(1)
Violation of the provisions of this chapter by failure to comply
with any of its requirements, including violations of conditions and
safeguards established in connection with conditions, shall constitute
a misdemeanor.
(2)
The following penalties shall be imposed for violations of the
provisions of this chapter.
B.
Selling before approval.
(1)
If, before final subdivision approval has been granted, any
person transfers or sells, or agrees to transfer or sell, except pursuant
to an agreement expressly conditioned on final subdivision approval,
as owner or agent, any land which forms a part of a subdivision for
which municipal approval is required by this chapter, such person
shall be subject to a penalty not to exceed $1,000, and each lot disposition
so made may be deemed a separate violation.
(2)
In addition to the foregoing, the municipality may institute and maintain a civil action for injunctive relief and to set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with § 275-108C of this chapter.
(3)
In any such action, the transferee, purchaser or grantee shall
be entitled to a lien upon the portion of the land, from which the
subdivision was made, that remains in the possession of the developer
or his or her assigns or successors to secure the return of any deposits
made or purchase price paid, and also, a reasonable search fee, survey
expense and title closing expense, if any. Any such action must be
brought within two years after the date of the recording of the instrument
of transfer, sale or conveyance of said land or within six years,
if unrecorded.
C.
Other violations. Any other violation of the provisions of this chapter, other than those included in Subsection B, shall be subject to a penalty not to exceed $500, and each day that such violation shall continue may be deemed a separate violation.
D.
Other legal recourse. Nothing herein contained shall prevent the
municipality from taking such other lawful action as is necessary
to prevent or remedy any violation.
A.
An interested party desiring to appeal the decision of the Planning
and Zoning Board or Zoning Board of Adjustment shall appeal to the
governing body any final decision of the Zoning Board of Adjustment
approving an application for development pursuant to a use variance
and any other final decision of the Zoning Board of Adjustment or
Planning and Zoning Board on any class of applications for development.
Such appeal shall be made within 10 days of the date of publication
of such final notice pursuant to ordinance. The appeal to the governing
body shall be made by serving the Municipal Clerk in person or by
certified mail with a notice of appeal specifying the grounds thereof
and the name and address of the appellant and name and address of
his or her attorney, if represented. Such appeal shall be decided
by the governing body only upon the record established by the Planning
and Zoning Board or Zoning Board of Adjustment, as the case may be.
The administrative procedures shall be in accordance with provisions
of the Municipal Land Use Law, N.J.S.A. 40:55D-17.
The Planning and Zoning Board or Zoning Board of Adjustment
shall hold a hearing on each application for development, or adoption,
revision or amendment of the Master Plan. The administrative procedures
shall be in accordance with provisions of the Municipal Land Use Law,
N.J.S.A.40:55D-10.
[Amended 9-2-1993 by Ord. No. 1993-8; 12-13-2005 by Ord. No.
2005-07; 12-13-2011 by Ord. No. 2011-02]
A.
Fee schedule.
(1)
Application and escrow fees.
|
Type
|
Application fee
|
Escrow Fee
| |||
|---|---|---|---|---|---|
|
Sketch plan, minor subdivision
|
$115 per lot
|
$1,500
| |||
|
Preliminary plat, major subdivision
|
$400 plus $30 per lot
|
$8,500
| |||
|
Final plat, major subdivision
|
$400 plus $30 per lot
|
$2,500
| |||
|
Site plan, nonresidential
| |||||
|
Minor
|
$850
|
$3,500
| |||
|
Under 5,000 square feet retail/commercial and under 25 parking
spaces; or under 10,000 square feet warehouse and under 25 parking
spaces
| |||||
|
Preliminary major
| |||||
|
5,000 square feet GFA
|
$600
|
$2,500
| |||
|
5,001 to 10,000 square feet GFA
|
$700
|
$2,500
| |||
|
10,001 to 50,000 square feet GFA
|
$900
|
$2,500
| |||
|
50,001 to 100,000 square feet GFA
|
$1,000
|
$3,000
| |||
|
100,001 square feet GFA or greater
|
$1,500
|
$4,000
| |||
|
Final major
|
$500
|
$1,500
| |||
|
Site plan, residential
| |||||
|
Preliminary major
|
$500 plus $25 per unit
|
$4,000
| |||
|
Final
|
50% of original application fee
|
50% of preliminary escrow fee but not less than $1,000
| |||
(2)
Fees for certified lists of property owners within 200 feet
shall be $0.25/name or $10, whichever is greater.
[Added 4-7-2015 by Ord.
No. 2015-04]
B.
Professional review fees. Refer to escrow fees as listed in applicable schedules of § 275-112.
(1)
The application fees and escrow fees recited herein are minimums
which must accompany the application for the application to be considered
to be completely filed. An application shall not proceed until the
application fee and escrow fee required have been paid. The Planning
and Zoning Board Secretary or Administrator shall exercise his/her
discretion in establishing the figure required for the escrow fund
in the event the project will require more time for review than has
been provided for by the figures recited herein or the project is
of a nature that is not expressly included in one of the categories.
(2)
Application fees and escrow payments must be submitted in separate
checks payable to the Township of Washington. The escrow fee shall
be forwarded by the Board Secretary or Administrator to the Chief
Financial Officer of Washington Township for deposit into a developer's
escrow account. The application fees shall be deposited into the general
account of Washington Township.
(3)
The initial escrow payment shall be accompanied by the submittal
of an escrow information form as required by the Chief Financial Officer.
(4)
Funds shall be applied to professional costs charged to the
Township by professional consultants (attorney, engineer, planner
or any other consultant or specialist retained by the Board) for services
or review regarding the development application. Additional funds
may be required when the original amount is depleted by 50% and the
development application is still in progress. The amount of additional
funds needed shall be determined by the Board Secretary or Administrator.
The Board reserves the right to not proceed with further action or
professional review of an application when the funds in the escrow
account have been depleted.
(5)
All escrow amounts not actually used shall be refunded pursuant
to those requirements listed within N.J.S.A. 40:55D-53.2d.
(6)
Professional consultants (attorney, engineer, planner or other
specialist retained by the Board) shall submit, to the Board Secretary
or Administrator, their expense billings for services or review on
a Township voucher as provided by the Chief Financial Officer. Original
signed vouchers shall be submitted to the Secretary or Administrator
for review and certification on a monthly basis while the development
application is still in progress and also at any time when a professional
review report is formally submitted to the Board. Duplicate copies
of all vouchers for professional expenses and all formal review reports
shall be forwarded by the professional consultant to the applicant.
(7)
Cost of Board publication of action-taken notice. Expenses of
the Board for notice of action taken shall be applied to the applicant's
escrow account for professional review which shall be maintained before
any final approval can become effective.
[Added 8-4-2015 by Ord.
No. 2015-07]
(8)
Professional review by the Engineer/Floodplain Administrator
for flood damage prevention: $500. [Note: A separate escrow submittal
to the Township Engineer/Floodplain Administrator shall be maintained
and a separate account will need to be maintained to separate the
funds and expenses for the Board's professional services and the Engineer
when working as the Floodplain Administrator.[1]
[Added 8-4-2015 by Ord.
No. 2015-07]
C.
Variances.
|
Type
|
Variance fee
|
Escrow Fee
| ||
|---|---|---|---|---|
|
Conditional use
|
$350
|
$1,000
| ||
|
Hardship
|
$350 plus $100 per each additional hardship variance
|
$1,000
| ||
|
Use and density, residential
| ||||
|
Single- or two-family uses
|
$400
|
$300
| ||
|
Multiple-family
|
$450
|
$400
| ||
|
Use, nonresidential
|
$450 plus $50 per acre affected
|
$1,500
| ||
G.
Inspection fees: estimated inspection fee: 5% of performance guarantee.
I.
Waiver request (checklist and/or design waiver): $100 plus $75 per
each additional waiver.
J.
Minor or major amendments to site plan or subdivision: 50% of original
application fee; 50% of original escrow fee.
K.
Requests for reapproval of site plan or subdivision: 50% of original
application fee; 50% of original escrow fee.
L.
Request for extension: $150; escrow fee $250.
M.
Certificate of nonconformity: $100 per certificate; escrow fee $500
per certificate.
N.
Exemption from the payment of any fee charged in connection with
any application for development which promotes accessibility by a
disabled person to his or her own living unit. In accordance with
N.J.S.A. 40:55D-8e, a disabled person, or a parent or sibling of a
disabled person, shall be exempt from the payment of any fee charged
in connection with any application for development which promotes
accessibility to his/her own living unit.
