Southampton Township
City Zoning Code
City Zoning Code
12-8.6 Procedures for applications for development
zoning permits.
[Amended by Ord. No. 2009-3; 2-21-2023 by Ord. No. 2023-02; 2-20-2024 by Ord. No. 2024-01]
a.
The Zoning Officer is hereby authorized and directed to issue zoning permits as a prerequisite to site plan approval or the issuance of a construction permit or other permits or approvals needed to develop an existing lot of record within the Township of Southampton.
b.
Applications for a zoning permit.
1.
An application for a zoning permit shall be submitted to the Zoning Officer and shall include the following:
(a)
The applicant's name and address;
(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 Southampton and the 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, and block and lot number of the property;
(e)
Proof that tax payments for the property are current;
(f)
Acreage of the property in square feet;
(g)
A dated plot plan, with the scale noted, showing:
(1)
The zoning district in which the property is located;
(2)
The location and dimensions of all property lines, easements affecting the property and streets abutting the property;
(3)
The location of all yard setbacks required pursuant to Chapter 12 and Chapter 19;
(4)
The location and use of all existing structures and improvements on the property and their intended disposition;
(5)
A building envelope within which any proposed structure is to be located;
(6)
The location and dimensions of the proposed driveway;
(7)
The location and dimensions of any proposed accessory structures or improvements;
(8)
The location and dimensions of the area in which any sewage disposal system, including the disposal field, is proposed to be located; and
(9)
The location of any proposed water supply well.
(h)
If proposed, certification that central sewer and/or water service are available; and
(i)
If development of the property is proposed in accordance with the density transfer program set forth in Chapter 19, Subsection 19-3.8, the street address, if any, the tax map sheet, block and lot number and acreage in square feet of the noncontiguous property.
2.
The Zoning Officer is authorized to require such additional information as may be necessary to determine compliance with Chapters 12 and 19. Such may include, but is not limited to, a soil boring in the area of any proposed septage system disposal field, a wetland and wetland buffer map and information to determine compliance with any permitted use requirement of Chapters 12 and 19.
3.
The Zoning Officer is authorized to waive any of the aforementioned application requirements if the information is not necessary to determine compliance with Chapters 12 and 19.
Within 10 business days of receipt of an application, the Zoning Officer shall determine whether the application is complete. If the Zoning Officer determines that the application is not complete, the Zoning Officer shall notify the applicant of the additional information which is necessary to complete the application.
c.
Permit decisions. Within 10 business days of determining an application to be complete, the Zoning Officer shall issue either a zoning permit or a denial to issue a zoning permit.
d.
Zoning permit.
1.
A zoning permit shall be issued if:
(a)
The application is consistent with the requirements of Chapters 12 and 19 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)
For applications in the Pinelands Area, a duly authorized representative of the Pinelands Commission approves the Zoning Officer's determination and so signifies by signing the zoning permit.
2.
A zoning permit shall expressly incorporate the plot plan being approved and shall specify any conditions which the Zoning Officer determines are necessary to ensure compliance with Chapters 12 and 19 and shall specify the expiration date of the permit.
3.
The Zoning Officer shall provide a copy of the application and the zoning permit to the Pinelands Commission within five days of the issuance.
e.
Effect of zoning permit.
1.
A zoning permit represents a determination that the application meets the requirements of the Chapters 12 and 19 and the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq.
2.
A zoning permit shall be valid for two years and shall, during that two-year period, confer the following rights and privileges:
(a)
The approved application shall not be subject to any substantive revisions of the Code of Southampton Township or the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq.; and
(b)
Any subsequent approvals may be sought without the need for a certificate of filing from the Pinelands Commission.
3.
For applications in the Pinelands Area, any subsequent approvals to be sought, including but not limited to construction permits, shall be subject to the notice, review and decision requirements of Subsections 19-1.5e. through h.
f.
Denial of zoning permit.
1.
The Zoning Officer shall issue a denial to issue a zoning permit if any of the following are found to apply:
(a)
A variance from the Code of Southampton Township is required;
(b)
A variance from the Code of Southampton Township is not required but the Zoning Officer determines that the application does not meet any requirement of Chapter 19 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 denial to issue a zoning permit shall expressly reference the reasons why the denial was issued. If the denial is predicated solely upon the need to obtain a variance from Chapters 12 and 19, the denial shall also indicate that upon the applicant's submission of evidence of Land Development Board approval of the necessary variance, the Zoning Officer shall determine whether a zoning permit may be issued pursuant to paragraph d. above.
3.
When a denial to issue a zoning permit is predicated solely upon the need to obtain a variance from Chapters 12 and 19, the Zoning Officer shall provide copies of the application and the denial to the Pinelands Commission within five days of the issuance.
4.
When a denial to issue a zoning permit is predicated wholly or in part upon paragraphs f1(b), (c) or (d) above, the Zoning Officer shall provide the original application and a copy of the denial 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 Subsection 19-1.5a through h of the Code of Southampton Township. In lieu of a zoning permit, a certificate of filing from the Pinelands Commission shall thereafter be required as a prerequisite to the issuance of a construction permit or other permits or approvals.
g.
Revocation of zoning permit. The Zoning Officer shall revoke any zoning permit approval should the permit holder fail to:
1.
Abide by the original approvals and prior approvals;
2.
Meet all requirements of the Pinelands Comprehensive Management Plan; or
3.
Comply with Chapters 12 and 19 of the Code of Southampton Township.
