ARTICLE VII Miscellaneous Provisions

[Amended 8-25-82 by Ord. No. 0-8-82; 2-23-83 by Ord. No. 0-3-83]

§ 40-47. Definitions.

A. Whenever a term is used in this chapter which is defined in P.L. 1975, c. 291, such term is intended to have the meaning set forth in the definition of such term found in said statute, unless a contrary intention is clearly expressed from the context of this chapter.

B. Whenever a term is used in this chapter which is defined in the Pinelands Comprehensive Management Plan, such term is intended to have the meaning set forth in its definition, as found in Section 2-201 of the Plan (N.J.A.C. 7:50-2:11). Several of these specific terms are defined in Chapter 296 of the Winslow Code, Zoning Within Pinelands Area, § 296-7.

§ 40-48. Repealer.

All sections of the Land Subdivision Ordinance, Zoning Ordinance, Site Plan Review Ordinance or any other ordinance of the Township of Winslow which contain provisions contrary to the provisions of this chapter shall be and are hereby, to the extent of such inconsistency, repealed.

§ 40-49. Provisions continued.

A. Pursuant to the provisions of P.L. 1975, c. 291, Section 81, the substantive provisions of the existing Land Subdivision Ordinance, Zoning Ordinance and Site Plan in full force and. effect and shall be read in pari materia with this chapter.

B. Pursuant to S. 1691, A Supplement to the Municipal Land Use Law, the following ordinances and chapters of the Code of the Township of Winslow are readopted as are any amendments or supplements to such chapters adopted prior to February 1, 1977.

(1) Chapter 59A of the Code of the Township of Winslow, Site Plan Review, adopted June 26, 1974, as Ordinance No. 0-6-74, as amended and supplemented.

(2) Chapter 62 of the Code of the Township of Winslow Subdivision of Land, adopted May 25, 1956, as amended or supplemented.

(3) Chapter 76 of the Code of the Township of Winslow, Zoning, adopted March 17, 1958, as amended or supplemented.

C. The standards and regulations in this chapter applicable to the Pinelands Area are intended to be the minimum provisions necessary to achieve the purposes and objectives of this chapter and the Pinelands Act. In the event of a conflict between any provisions, the stricter provision shall apply.

§ 40-50. Waivers.

[Amended 2-25-97 by Ord. No. 0-2-97]

If any application for development approval conflicts with a provision of this chapter adopted pursuant to the Pinelands Act, the Planning Board may disapprove the application, approve the application subject to the applicant obtaining a waiver from the Pinelands Commission, pursuant to N.J.A.C. 7:50-4.61 et seq., or suspend further review of the application, with the consent of the applicant, until a waiver is obtained: In no event is the Planning Board or any other approving authority authorized to waive the applicability of any provision of this chapter adopted pursuant to the Pinelands Act.

§ 40-51. Public development.

[Amended 2-25-97 by Ord. No. 0-2-97]

All development proposed within the Pinelands Area by Winslow Township or any agency thereof shall comply with all the requirements for public development set forth in N.J.A.C. 7:50-4.51 et seq.

§ 40-52. Pending applications.

All applications for development filed prior to the effective date of this chapter may be continued, but any appeals arising out of decisions made on any such application shall be governed by the provisions of Article IV of this chapter.

§ 40-53. Title.

This chapter shall be known and may be cited as the "Land Use Procedures Ordinance of the Township of Winslow."

§ 40-54. Filing of copies.

Immediately upon adoption of this chapter, the Municipal Clerk shall file a copy of this chapter with the County Planning Board and with the Pinelands Commission as required by law. The Clerk shall also file with said County Planning Board and with the Pinelands Commission copies of all other ordinances of the municipality relating to land use, such as the Subdivision, Zoning and Site Review Ordinances.