Woodbine City Zoning Code
§ 26-65.10
Procedures for Applications for the Development of a Single-Family Dwelling.
[Added 6-16-2022 by Ord. No. 606-2022]
a.
The Borough Engineer 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 Borough of Woodbine.
b.
Applications for a Preliminary Zoning Permit.
1.
An application for a preliminary zoning permit shall be submitted to the Borough Engineer 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 Borough of Woodbine 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:
(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 yards and setbacks required pursuant to Section 26-4 (Zoning District Regulations);
(4)
The location and use of all existing structures and improvements on the property and their intended disposition;
(5)
A building envelope within which the single-family dwelling 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
2.
The Borough Engineer is authorized to require such additional information as may be necessary to determine compliance with the Zoning Ordinance. 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 the Zoning Ordinance.
3.
The Borough Engineer is authorized to waive any of the aforementioned application requirements if the information is not necessary to determine compliance with the Zoning Ordinance.
4.
Within 14 days of receipt of an application, the Borough Engineer 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 Borough Engineer shall issue either a preliminary zoning permit or a refusal to issue a preliminary permit.
d.
Preliminary Zoning Permit.
1.
A preliminary zoning permit shall be issued if:
(a)
The application is consistent with the requirements of the Zoning Ordinance or any necessary variance from those requirements has been obtained; and
(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 Borough Engineer'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 Borough Engineer determines are necessary to ensure compliance with the Zoning Ordinance and shall specify the expiration date of the permit.
3.
The Borough Engineer 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 Zoning Ordinance of the Borough of Woodbine 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 Zoning Ordinance of the Borough of Woodbine 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.
3.
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 26-65.3 through 26-65.7 (Special Submission Requirement for Other Development; Certificate of Filing, Notices to the Pinelands Commission, Review by Pinelands Commission, Condition on Prior Approvals by Approval Agency, and Effects of Pinelands Commission's Decision on Borough Approval).
f.
Refusal to Issue Preliminary Zoning Permit.
1.
The Borough Engineer shall issue a refusal to issue a preliminary zoning permit if any of the following are found to apply:
(a)
A variance from the Zoning Ordinance of the Borough of Woodbine is required;
(b)
A variance from the Zoning Ordinance of the Borough of Woodbine is not required, but the Borough Engineer determines that the application does not meet any requirement of the Zoning 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 predicated solely upon the need to obtain a variance from the Zoning Ordinance, the refusal shall also indicate that upon the applicant's submission of evidence of Planning Board or Board of Adjustment approval of the necessary variance, the Borough Engineer shall determine whether a preliminary zoning permit may be issued pursuant to paragraph d. above.
3.
When a refusal to issue a preliminary zoning permit is predicated solely upon the need to obtain a variance from the Zoning Ordinance, the Borough Engineer shall provide copies 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 paragraph f1(b), (c) or (d) above, the Borough Engineer 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 subsections 26-65.2 through 26-65.7 (Special Submission Requirement for Minor Development, Special Submission Requirement for Other Development; Certificate of Filing, Notices to the Pinelands Commission, Review by Pinelands Commission, Condition on Prior Approvals by Approval Agency, and Effects of Pinelands Commission's Decision on Borough Approval) of the Zoning Ordinance of the Borough of Woodbine. 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.