Township of Hamilton, NJ Article I General Provisions

§ 203-1 Titles.

A. The long title of this chapter is "An Ordinance Establishing Zoning, Subdivision and Site Plan Regulations Covering the Use and Development of Land and Structures, Lot Area, Lot Coverage of Buildings and Other Structures, Population Density, Parking Provisions and Height and Dividing the Township Into Zoning Districts, Each With Specific Regulations, in Accordance with Provisions of the New Jersey Municipal Land Use Law[1] and the Pinelands Protection Act."[2]

[1] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

[2] Editor's Note: See N.J.S.A. 13:18A-1 et seq.

B. Short title. This chapter will be known and may be cited as the "Hamilton Township Developmental Ordinance."

§ 203-2 Intent and purpose.

A. The Developmental Ordinance[1] which follows was developed by the Hamilton Township Planning Board to promote the public health, safety, morals, general welfare and all other purposes enumerated in the New Jersey Municipal Land Use Law, Chapter 291 of the Laws of New Jersey 1975.[2] The regulations and districts appearing herein are consistent with the land use element of Hamilton Township's Master Plan, the Pinelands Comprehensive Management Plan and the New Jersey Department of Environmental Protection Coastal Resource and Development Policies.

[1] Editor's Note: Said ordinance was certified by the Pinelands Commission on 3-8-1995.

[2] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

B. It is the intent and purpose of this chapter to:

(1) Encourage municipal action to guide the appropriate use of development of all lands in this township in a manner which will promote the public health, safety, morals and general welfare.

(2) Secure safety from fire, flood, panic and other natural and man-made disasters.

(3) Provide adequate light, air and open space.

(4) Ensure that the development of individual municipalities does not conflict with the development and general welfare of neighboring municipalities, the county and the state as a whole.

(5) Promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods and communities and preservation of the environment.

(6) Encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies.

(7) Provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements, in order to meet the needs of all New Jersey citizens.

(8) Encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight.

(9) Promote a desirable visual environment through creative development techniques and good civic design and arrangements.

(10) Promote the conservation of historic sites and districts, open space, energy resources and valuable natural resources in the state and to prevent urban sprawl and degradation of the environment through improper use of land.

[Amended 7-7-1997 by Ord. No. 1261-97]

(11) Encourage planned unit developments which incorporate the best features of design and relate the type, design and layout of residential, commercial, industrial and recreational development to the particular site.

(12) Encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land.

(13) Promote senior citizen community housing construction.

(14) Promote the conservation of energy through the use of planning practices designed to reduce energy consumption and to provide for the maximum utilization of energy resources.

(15) Promote the maximum practicable recovery and recycling of recyclable materials from municipal solid waste through the use of planning practices designed to incorporate the State Recycling Plan goals and to complement municipal recycling plans.

[Added 7-7-1997 by Ord. No. 1261-97]

(16) Implement the purposes, policies and objectives of the Comprehensive Management Plan of the New Jersey Pinelands Commission.

§ 203-3 Construal of provisions; applicability.

A. The regulations established by this chapter shall be held to be the minimum requirements and shall apply uniformly to each class or kind of structure or land. It is not the intention of this chapter to interfere with, abrogate or annul any easements, covenants or other agreements between the parties; provided, however, that where this chapter imposes a greater restriction with regard to use, height or open space, the provisions of this chapter shall govern.

B. The standards and regulations in this chapter which are applicable to the Pinelands Area of the township are intended to be the minimum provisions necessary to achieve the purposes and objectives of the Pinelands Protection Act.[1] In the event of a conflict between this chapter and the Comprehensive Management Plan, the more strict provision shall control.

(1) Use of land; construction of buildings. On and after the effective date of this chapter, no land or building shall be used, developed, constructed, located, altered, rebuilt or enlarged for any purpose within Hamilton Township except in conformity with the restrictions and regulations established by this chapter for the district in which such land or building is located and in conformity with all other pertinent terms and provisions of this chapter.

(2) Existing uses and structures. In all districts, after the effective date of this chapter, any existing building or structure and all tracts of land, the use of which is not in conformity with the regulations for the district in which it is located, shall be deemed as nonconforming and subject to the appropriate regulations of this chapter governing such nonconforming lots, uses and structures.

(3) Failure to comply. Any building developed, constructed, rebuilt, altered or located on or after the effective date of this chapter, in violation of the restrictions and regulations established for the district in which it is located or in violation of other pertinent terms or provisions of this chapter, shall be changed, altered, corrected or relocated by the person who constructed or located such building and by the owner of the land on which it is situated, so that both building and premises shall conform to all provisions of this chapter. Such change, alteration, correction or relocation shall be made within 30 days after notification, in writing, by the Zoning Officer to the person who constructed, altered or located the building and the owner of the land on which it is located. Such notification shall be by personal service on those to be served or by certified or registered mail, return receipt requested, to the last known address of those to be served.

[1] Editor's Note: See N.J.S.A. 13:18A-1 et seq.

§ 203-4 Planning Board.

A. Establishment. A Planning Board is hereby established pursuant to the provisions of the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-23 et seq.

B. Membership. The Planning Board shall consist of nine members. For convenience in designating the manner of appointment, the membership shall consist of and be divided into the following four classes:

(1) Class I: the Mayor, or the mayor's designee.

[Amended 10-1-2012 by Ord. No. 1728-2012]

(2) Class II: one of the officials of Hamilton Township, other than a member of the Township Committee, to be appointed by the Mayor. The member of the Environmental Protection Commission[1] who is also a member of the Planning Board, as required by N.J.S.A. 40:56A-1 et seq., shall be deemed to be the Class II Planning Board member if there is both a member of the Zoning Board of Adjustment and a member of the Board of Education among the Class IV members.

[1] Editor's Note: See Ch. 25, Environmental Protection Commission.

(3) Class III: a member of the Township Committee, to be appointed by it.

(4) Class IV: six other citizens of Hamilton Township, to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, except that one member may be a member of the Zoning Board of Adjustment and one member may be a member of the Board of Education. A member of the Environmental Protection Commission who is also a member of the Planning Board shall be a Class IV Planning Board member unless there are among the Class IV members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education, in which case a member of the Environmental Protection Commission shall be deemed to be the Class II member of the Planning Board.

C. Terms of office.

(1) The term of the member comprising Class I shall correspond with his official tenure. Terms of the members comprising Class II and Class III shall be for one year or terminated at the completion of their respective terms of office, whichever occurs first, except by a Class II member who is also a member of the Environmental Protection Commission. The term of a Class II or a Class IV member who is also a member of the Environmental Protection Commission shall be for three years or terminate at the completion of his term of office as a member of the Environmental Protection Commission, whichever occurs first.

(2) The terms of all Class IV members shall be four years. The term of a Class IV member who is also a member of the Board of Adjustment or the Board of Education shall, however, terminate whenever he or she is no longer a member of such body or at the completion of his or her Class IV term, whichever occurs first.

[Amended 4-18-1994 by Ord. No. 1164-94]

(3) If a vacancy in any class shall occur otherwise than by expiration of the Planning Board term, it shall be filled by appointment as provided above for the unexpired term.

D. Conflicts. No member or alternate member of the Planning Board shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. Any member or alternate member, other than a Class I member, after a public hearing if he requests one, may be removed by the Township Committee for cause.

E. Absent members. When any hearing before the Planning Board shall carry over two or more meetings, a member of the Planning Board who is absent for one or more meetings shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence from one or more of the meetings; provided, however, that such Board member has available to him a transcript or recording of the meeting from which he was absent and certifies, in writing, to the Board that he has read such transcript or listened to such recording.

F. Alternate members.

(1) Not more than two alternate members may be appointed by the Mayor and shall meet the qualifications of Class IV members of the Board. Alternate members shall be designated at the time of appointment as "Alternate No. 1" and "Alternate No. 2." A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.

(2) Alternate members may participate in discussion of the proceedings but may not vote except in the absence or disqualification of a regular member of any class. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.

(3) If the Planning Board lacks a quorum because any of its regular or alternate members are prohibited by Subsection D of this section from acting on a matter due to the member's personal or financial interests therein, regular members of the Board of Adjustment shall be called upon to serve, for that matter only, as temporary members of the Planning Board in order of seniority of continuous service to the Board of Adjustment until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between regular members of equal seniority, the Chairman of the Board of Adjustment shall make the choice.

[Added 8-17-1992 by Ord. No. 1127-92]

G. Organization. The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV and shall select a Secretary, who may or may not be a member of the Planning Board or a municipal employee. It may employ or contract for and fix the compensation of legal counsel, other than the Township Attorney, a Planning Board consultant, a civil engineer and other staff and services as it may deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the governing body for its use.

H. Powers and duties. The Planning Board is authorized to adopt bylaws and rules governing its procedural operation. It shall also have the following powers and duties.

(1) To make, adopt and amend a Master Plan for the physical development of the township, including any areas outside its boundaries which, in the Board's judgment, bear essential relation to the Planning Board to the planning of the township in accordance with the provisions of N.J.S.A. 40:55D-28.

(2) To administer the provisions of this chapter.

(3) To participate in the preparation and review of programs and plans required by state or federal law or regulations.

(4) To assemble data on a continuous basis as part of a continuous planning process.

(5) To annually prepare a program of municipal capital improvement projects, projected over a term of six years, and amendments thereto, and recommend the same to the Township Committee.

(6) To consider and make report to the Township Committee within 35 days after referral as to any proposed development regulations submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26 and also pass upon other matters specifically referred to the Planning Board by the Township Committee pursuant to the provisions of N.J.S.A. 40:55D-26.

(7) When reviewing applications for approval of subdivision plats, site plans or conditional uses, to grant, to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:

(a) Variances pursuant to N.J.S.A. 40:55D-70c.

(b) Direction, pursuant to N.J.S.A. 40:55D-34, for issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood-control basin or public area preserved pursuant to N.J.S.A. 40:55D-32.

(c) Direction, pursuant to N.J.S.A. 40:55D-36, for issuance of a permit for a building or structure not related to a street.

(8) Whenever relief is requested pursuant to this subsection, to include on the notice for a hearing on the application for development a reference to the request for a variance or direction for issuance of a permit, as the case may be.

(9) To perform such other advisory duties as are assigned to it by ordinance or resolution of the Township Committee for the aid and assistance of the Township Committee or other agencies or officers.[2]

[2] Editor's Note: Former Subsection H(10), which dealt with the power of the Planning Beard to act as the Historic, Archaeological or Cultural Preservation Board, was deleted 11-20-1989 by 0rd. No. 1014-89.

I. Citizens' Advisory Committee. The Mayor may appoint one or more members of a Citizens' Advisory Committee to assist or collaborate with the Planning Board in its duties, but such person or persons shall have no power or vote or take other action required of the Board. Such person or persons shall serve at the pleasure of the Mayor.

J. Environmental Protection Commission. Whenever the Environmental Protection Commission has prepared and submitted to the Planning Board and the Board of Adjustment an index of the natural resources of the municipality, the Planning Board or the Board of Adjustment shall make available to the Environmental Commission an informational copy of every application for development submitted to either Board. Failure of the Planning Board or Board of Adjustment to make such informational copy available to the Environmental Protection Commission shall not invalidate any hearing or proceeding. In the Pinelands Area of the township, all applications for development approval shall be referred to the Environmental Protection Commission for review and comment.

§ 203-5 Zoning Board of Adjustment.

A. Establishment. The Zoning Board of Adjustment, also known as the "Board of Adjustment," is hereby established pursuant to the provisions of the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-69 et seq.

B. Membership. The Zoning Board of Adjustment shall consist of seven members, all of whom shall be residents of the Township of Hamilton and shall be appointed by the Township Committee. The term of each member shall be four years, and no member may hold any elective office or position within the Township of Hamilton. Any vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.

C. Alternate members.

(1) Not more than two alternate members shall be appointed by the Township Committee. The term of each alternate member shall be two years.

(2) Alternate members shall be designated at the time of appointment as "Alternate No. 1" and "Alternate No. 2." Alternate members may participate in the discussion of proceedings but may not vote, except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.

D. Conflicts.

(1) No member or alternate member may hold any elective office or position in the Township of Hamilton. No member or alternate member shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. A member may, after public hearing if he requests it, be removed by the Township Committee for cause. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.

(2) If the Board of Adjustment lacks a quorum because any of its regular or alternate members are prohibited by Subsection D(1) from acting on a matter due to the member's personal or financial interest therein, Class IV members of the Planning Board shall be called upon to serve, for that matter only, as temporary members of the Board of Adjustment. The Class IV members of the Planning Board shall be called upon to serve in order of seniority of continuous service to the Planning Board until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between Class IV members of equal seniority, the Chairman of the Planning Board shall make the choice.

[Added 8-17-1992 by Ord. No. 1127-92]

E. Organization. The Zoning Board of Adjustment shall elect a Chairman and Vice Chairman from its members and select a Secretary, who may or may not be a member of the Zoning Board of Adjustment or a municipal employee. It may employ, contract for and fix the compensation of legal counsel, other than the City Attorney, a planning consultant, a civil engineer and other staff and services as it may deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the Township Committee for its use.

F. Powers and duties. The Zoning Board of Adjustment shall follow the provisions of this chapter and the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-69 et seq:

(1) To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative officer based on or made in enforcement of the zoning provisions of this chapter.

(2) To hear and decide, in accordance with the provisions of this chapter, requests for interpretation of the Zoning Map or zoning provisions of this chapter or for decisions upon other special questions upon which such Board is authorized to pass by any zoning provisions of this chapter.

(3) Hardship.

[Amended 8-17-1992 by Ord. No. 1127-92]

(a) Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation pursuant to the zoning provisions of this chapter would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the developer of such property, to grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship.

(b) Where, in an application or appeal relating to a specific piece of property, the purposes of this chapter would be advanced but a deviation from the Zoning Ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, to grant a variance to allow departure from regulations pursuant to the zoning provisions of this chapter; provided, however, that no variance from those departures enumerated in Subsection F(4) of this section shall be granted under this subsection; and provided, further, that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use, in conjunction with which the Planning Board has power to review a request for a variance pursuant to § 203-4H(7).

(4) Variances.

(a) In particular cases and for special reasons, to grant a variance to allow departure from regulations pursuant to this chapter to permit: a use or principal structure in a district restricted against such use or principal structure; an expansion of a nonconforming use; deviation from a specification or standard pertaining solely to a conditional use; an increase in the permitted floor area ratio as defined in this chapter; an increase in the permitted density, except as applied to the required lot area for a lot or lots for detached one- or two-dwelling-unit buildings, which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision; or a height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure. A variance under this subsection shall be granted only by affirmative vote of at least five members of the Board of Adjustment.

[Amended 8-17-1992 by Ord. No. 1127-92]

(b) If an application for development requests one or more variances but not a variance for a purpose enumerated in Subsection F(4)(a) of this section, the decision on the requested variance or variances shall be rendered under § 203-5F(3).

[Amended 8-17-1992 by Ord. No. 1127-92]

(c) No variance or other relief may be granted under the terms of this Subsection F(4) or the preceding Subsection F(3) unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and the purpose of the zone plan and Zoning Ordinance. In respect of any airport hazard areas delineated under the Air Safety and Hazardous Zoning Act of 1983, P.L. 1983, c. 260 (N.J.S.A. 6:1-80 et seq.), no variance or other relief may be granted under the terms of this section, permitting the creation or establishment of a nonconforming use which would be prohibited under the standards promulgated pursuant to that Act, except upon issuance of a permit by the Commissioner of Transportation. An application under this section may be referred to any appropriate person or agency for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.

[Added 8-17-1992 by Ord. No. 1127-92[1]]

[1] Editor's Note: This ordinance also renumbered former § 203-5F(4)(c) as § 203-5F(4)(d) below.

(d) In addition, the following provisions shall govern variances in the Pinelands Area:

[1] Any municipal variance approval which grants relief from the residential density or residential lot area requirements set forth in Table 7.1: Area and Bulk Requirements[2] for the R-22, R-9, GA-L, GA-M, or GA-I Districts or from the requirements established for the VC and PVD Districts shall require that require that Pinelands development credits be used for all dwelling units or lots in excess of that otherwise permitted without the variance.

[Amended 11-20-1989 by Ord. No. 1014-89; 5-17-1993 by Ord. No. 1148-93; 7-7-1997 by Ord. No. 1261-97; 8-4-1997 by Ord. No. 1280-97; 12-5-2006 by Ord. No. 1579-2006]

[2] Editor's Note: Table 7.1 is included at the end of this chapter.

[2] Any variance or other approval for a residential use in the HC, DC, GC, or IBP Zones shall require that the Pinelands development credits be used for 50% of the authorized units for parcels under 10 acres in size; for 75% of the authorized units for parcels between 10 acres and 20 acres in size; and for 100% of the authorized units for parcels over 20 acres in size.

[Amended 11-20-1989 by Ord. No. 1014-89; 6-18-2001 by Ord. No. 1401-2001]

[3] Any variance or other approval for a nonresidential use not otherwise permitted in the R-9, R-22, GA-L, GA-M, GA-I or PVD Zones shall require that Pinelands development credits (PDCs) be used for 50% of the maximum rate permitted for PDCs use in the zone in which the nonresidential use will be located for parcels under 10 acres in size; for 75% of the maximum rate for parcels between 10 acres and 20 acres in size; and for 100% of the maximum rate for parcels over 20 acres in size. This requirement shall not apply to a variance or other approval which authorizes the expansion of or modifications to existing nonresidential uses in accordance with N.J.A.C. 7:50-5.2.

[Added 2-19-1991 by Ord. No. 1063-1991; amended 6-18-2001 by Ord. No. 1401-2001; 12-5-2006 by Ord. No. 1579-2006]

[4] Any municipal variance approved which grants relief from the density or lot area requirements set forth in § 203-52B(1) or in the Table of Lot Requirements for Commercial Districts for a residential or principal nonresidential use in the Mizpah Village District or in that portion of the NC District located in the Mizpah Village (Block 500, Lot 2; Blocks 503 through 508; Block 532, Lots 1 and 2; Block 534, p/o Lot 1; and Block 531, Lot 5) shall require that Pinelands development credits be used for all dwelling units or lots in excess of that permitted without the variance.

[Added 7-7-1997 by Ord. No. 1261-97]

G. Other powers.

(1) The Zoning Board of Adjustment, when hearing appeals and reviewing applications, shall have the power, pursuant to the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-76, to:

(a) Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building or structure in the bed of a mapped street or public drainageway, a flood-control basin or a public area reserved pursuant to N.J.S.A. 40:55D-32.

(b) Direct issuance of a permit, pursuant to N.J.S.A. 40:55D-36, for a building or structure not related to a street.

(2) The Zoning Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision, site plan approval or conditional use approval whenever the Board of Adjustment is reviewing an application for approval of a variance.

(3) The developer may elect to submit a separate application requesting approval of a variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. A separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the zone plan and zoning provisions of this chapter. The numbers of votes of Board members required to grant any such subsequent approval shall be as otherwise provided in this chapter for the approval in question, and any special two-thirds vote of the full authorized membership required for a use variance shall not be required.

H. Expiration of variance.

[Amended 8-17-1992 by Ord. No. 1127-92]

(1) Any variance from the terms of the ordinance granted concurrently with a site plan or major subdivision approval shall run with the time limits for preliminary and final approval established in the Municipal Land Use Law (N.J.S.A. 40:55D-49 and 40:55D-52). Any variance from the terms of the ordinance granted concurrently with a minor subdivision approval shall expire two years from the date of minor subdivision approval, provided that the minor subdivision has been duly recorded.

(2) Any variance from the terms of this chapter permitting the erection or alteration of any structure or structures or permitting a specified use of any premises that does not require site plan or subdivision approval shall expire by limitation unless such construction or alteration shall have been commenced or unless such permitted use has actually been commenced within one year from the date on which the resolution of approval was adopted. However, the running of this period of limitation shall be tolled from the date of filing of an appeal of the decision to the Township Committee or a court of competent jurisdiction until the determination of such appeal or proceeding.

(3) Any variance from the terms of the ordinance permitting a specified use of any premises that also requires site plan and/or major subdivision approval shall expire by limitation unless a preliminary site plan and/or major subdivision approval has been granted within one year from the date on which the resolution of variance approval is adopted. However, the running of this period of limitation shall be tolled from the date of filing of an appeal of the decision to the Township Committee or a court of competent jurisdiction until the determination of such appeal or proceeding. Upon receipt of preliminary site plan and/or major subdivision approval, the time limits for the variance shall run concurrently with the time limits for preliminary and final approval established in the Municipal Land Use Law (N.J.S.A. 40:55D-49 and 40:55D-52).

I. Written inquiries. Inquiries as to whether a proposed land use is permissible under the zoning provisions or Official Zoning Map shall be submitted, in writing, to the Board of Adjustment, which shall issue a written response within 45 days after the next meeting following receipt of the request or within such additional time as may be consented to by the inquirer.

J. Referral of applications. The Zoning Board of Adjustment may refer any application for subdivision or site plan approval under this article to the Planning Board for its report before taking final action. Such reference shall not extend the time for action by the Zoning Board of Adjustment, whether or not the Planning Board has submitted its report.

K. Absent members. When any hearing before the Zoning Board of Adjustment shall carry over two or more meetings, a member of the Zoning Board of Adjustment who is absent for one or more meetings shall be eligible to vote on the matter upon which the hearing was conducted; provided, however, that such Board member has available to him a transcript or recording of the meeting from which he was absent and certifies, in writing, to the Board that he has read such transcript or listened to such recording.

§ 203-6 Administrative procedures.

A. Rules and regulations. The Planning Board and the Zoning Board of Adjustment shall adopt and may amend reasonable rules and regulations not inconsistent with the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., or this chapter for the administration of their functions, powers and duties and shall furnish a copy thereof to any person upon request and may charge a reasonable fee for any such copy. Copies of all such rules and regulations and amendments thereto shall be maintained in the Zoning Office. The provisions of this section shall control the administration of the ordinance except to the extent to which these provisions conflict with the provisions of § 203-9 of this article dealing with the Pinelands Area of the township.

B. Meetings.

(1) The Planning Board and Zoning Board of Adjustment shall fix the time and place for holding regular meetings for business authorized to be conducted. Regular meetings shall be scheduled not less than once a month and shall be held as scheduled, unless canceled for lack of applications for development.

(2) Special meetings shall be provided for at the call of the Chairman or on request of any two Board members, which shall be held on notice to its members and the public, in accordance with all applicable legal requirements.

(3) No action shall be taken at any meeting without a quorum being present. All actions shall be taken by a majority vote of the quorum, except as otherwise required by this chapter.

C. Minutes. Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Board and of the persons appearing by attorney, the action taken by the Board, the findings, if any, made by it and the reasons therefor. The minutes shall thereafter remain available for public inspection during normal business hours at the Zoning Office. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes. Such interested party may be charged a reasonable fee for production of the minutes for his use. In accordance with the Open Public Meetings Act, N.J.S.A. 10:4-14, the minutes of the meetings shall be reasonably comprehensive.

D. Hearings.

(1) The Planning Board and Zoning Board of Adjustment shall hold a hearing on each application for development or variance approval. The applicant shall obtain, complete and submit the appropriate application forms, § 203-135B, and the appropriate checklist(s), § 203-135C, for any development for which the applicant is seeking approval. The Planning Board shall hold a hearing on adoption or revision or amendment to the Master Plan.

[Amended 10-1-2012 by Ord. No. 1728-2012]

(2) The Boards shall make the rules governing such hearings. Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 14 days before the date of the hearing during normal business hours in the Zoning Office. The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.

(3) The officer presiding at the hearing or such person as he may designate shall have the power to administer oaths and to issue subpoenas and to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties; and the provisions of the County and Municipal Investigations Law, N.J.S.A. 2A:67A-1 et seq., shall apply.

(4) The testimony of all witnesses relating to any application for development shall be taken under oath or affirmation by the presiding officer, and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.

(5) Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.

(6) The Board shall provide for the verbatim recording of the proceedings by either a stenographer or mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof, upon request, to any interested party at his expense, provided that the Township Committee may provide by ordinance for the township to assume the expense of any transcripts necessary for appeal to the Township Committee of decisions by the Zoning Board of Adjustment approving use variances, up to a maximum amount as specified by the ordinance.

(7) Each decision on an application for development shall be in writing and shall include the findings of fact and conclusions based thereon.

(a) Failure of a motion to approve an application for development to receive the number of votes required for approval shall be deemed an action denying the application.

(b) The Board may provide such written decision and findings and conclusions either on the date of the meeting on which the Board takes action to grant or deny approval or, if the meeting at which such action is taken occurs within the final 45 days of the applicable time for rendering a decision on the application for development, within 45 days of such meeting by the adoption of a resolution of memorialization setting forth the decision and the findings and conclusions of the Board thereon. Any action resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided above, notwithstanding that the time at which such action occurs is within the applicable time period for rendering a decision on the application.

(c) The adoption of a resolution of memorialization pursuant to this subsection shall not be construed to alter the applicable time period for rendering a decision on the application for development. Such resolution shall be adopted by a vote of a majority of members of the Board who voted for the action previously taken, and no other members shall vote thereon. The vote on such resolution shall be deemed to be a memorialization of an action of the Board and not to be an action of the Board. However, failure to adopt such a resolution within the forty-five-day period shall result in approval of the application for development, notwithstanding any prior action taken thereon.

(d) Whenever a resolution of memorialization is adopted in accordance with this subsection, the date of such adoption shall constitute the date of decision for purposes of mailings, filings and publications required by this section.

(8) A copy of the decision shall be mailed by the Board, within 10 days of the date of the decision, to the applicant or, if represented, then to his attorney, without separate charge, and to all who request a copy of the decision, for a reasonable fee. A copy of the decision shall also be filed in the Zoning Office. The Board Secretary shall make a copy of such filed decision available to any interested party for a reasonable fee and available for public inspection during reasonable hours.

(9) A brief notice of the decision shall be published in the official newspaper of Hamilton Township. Such publication shall be arranged by the Board for a reasonable fee for such service and the printing costs also to be paid by the applicant. Nothing contained in this chapter shall be construed as preventing the applicant from arranging such publication if he so desires. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision, whether arranged by the municipality or by the applicant.

(10) At the request of the developer, the Planning Board shall grant an informal review at a meeting of a concept plan for a development for which the developer intends to prepare and submit an application for development. The developer shall not be required to submit any fees for such an informal review. A developer shall be bound by any concept plan for which review is requested, and the Planning Board shall not be bound by any such review. Such informal review shall not include any review work by the Board's professionals unless a satisfactory escrow is deposited for review costs.

E. Notice of applications. Notice pursuant to Subsection E(1) through (7) of this section shall be given by the applicant and shall be given at least 10 days prior to the date of the hearing.

(1) Public notice of a hearing on an application for development shall be given except for:

(a) Conventional site plan review.

(b) Minor subdivisions.

(c) Final approvals.

(2) Notice.

(a) Public notice shall be given in the event that variance relief is requested as a part of an application for development otherwise excepted herein from public notice. Public notice shall be given by publication in the official newspaper of Hamilton Township.

(b) Notice of a hearing requiring public notice pursuant to Subsection A of this section shall be given to the owners of all real property, as shown on the current tax duplicate, located within 200 feet in all directions of the property which is the subject of such hearing. This requirement shall be deemed satisfied by notice to the condominium association in the case of any unit owners whose unit has a unit above or below it or the horizontal property regime in the case of any co-owner who has an apartment above or below it. Notice shall be given by:

[1] Service of a copy thereof on the property owner as shown on said current tax duplicate or his agent in charge of the property.

[2] Mailing a copy thereof by certified mail to the property owner at his address as shown on the current tax duplicate.

(c) Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners or homeowners on account of such common elements or areas.

(3) Upon the written request of an applicant, the Tax Assessor shall, within seven days, make and certify a list from said current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection B of this section. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. A sum not to exceed $0.25 per name or $10, whichever is greater, may be charged for such list.

(4) Notice of hearings on applications for development involving properties located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality.

(5) Notice shall be given by personal service or certified mail to the Atlantic County Planning Advisory Board of a hearing on an application for development of property adjacent to an existing county road or proposed road shown on the Official County Map or the County Master Plan, adjoining other county land or situated within 200 feet of a municipal boundary.

(6) Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.

(7) Notice shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning, New Jersey Department of Community Affairs, of a hearing on an application for development of property which exceeds 150 acres or 500 units. Such notice shall include a copy of any maps or documents required to be on file with the Board pursuant to § 203-4 of this article.

(8) The applicant shall file an affidavit of proof of service with the board holding the hearing on the application for development in the event that the applicant is required to give notice pursuant to this section.

(9) Notice pursuant to Subsections D, E, F and G of this section shall not be deemed to be required, unless public notice pursuant to Subsection A and notice pursuant to Subsection B of this section are required.

F. Notice concerning Master Plan. The Planning Board shall give the following notice:

(1) Public notice on a hearing of adoption, revision or amendment of the Master Plan. Such notice shall be given by publication in the official newspaper of Hamilton Township at least 10 days prior to the date of the hearing.

(2) Notice by personal service or certified mail to the Clerk of an adjoining municipality shall be given at least 10 days prior to the date of any hearing on adoption, revision or amendment of a Master Plan involving property situated within 200 feet of such adjoining municipality.

(3) Notice by personal service or certified mail to the Atlantic County Planning Advisory Board shall be given at least 10 days prior to the date of all hearings on the adoption, revision or amendment of the Municipal Master Plan. Such notice shall include a copy of any such proposed Master Plan or any revision or amendment thereto. Not more than 30 days after the date of such adoption, revision or amendment of a Master Plan, notice of such adoption, revision or amendment shall be given to the Atlantic County Planning Advisory Board, which shall include a copy of the Master Plan or revision or amendment thereto.

G. Effect of mailing notice. Any notice made by certified mail pursuant to this chapter shall be deemed complete upon mailing.

H. Ordinance, capital improvement and Official Map notices.

(1) Notice by personal service or certified mail shall be made to a Clerk of an adjoining municipality of all hearings on adoption, revision or amendment of a development regulation involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of any such hearing.

(2) Notification of county.

(a) Notice by personal service or certified mail shall be made to the Atlantic County Planning Advisory Board of:

[1] All hearings on adoption, revision or amendment of any development regulation at least 10 days prior to the date of the hearings.

[2] The adoption, revision or amendment of the Municipal Capital Improvement Program or Municipal Official Map not more than 30 days after the date of such adoption, revision or amendment.

(b) Any notice provided hereunder shall include a copy of the proposed development regulation, the Municipal Official Map or the Municipal Capital Program or any proposed revision or amendment thereto, as the case may be.

(3) Notice of hearings to be held pursuant to this section shall state the date, time and place of the hearing and the nature of the matters to be considered. Any notice by certified mail pursuant to this section shall be deemed complete upon mailing.

I. Filing of ordinances. The zoning, subdivision or site plan review provisions of this chapter or any revision or amendment thereto shall not take effect until a copy thereof shall be filed with the Atlantic County Planning Advisory Board. The Official Map of Hamilton Township shall not take effect until filed with the Atlantic County Clerk.

J. (Reserved)[1]

[1] Editor's Note: Former Subsection J, Appeal to the Township Committee, as amended, was repealed 4-20-2009 by Ord. No. 1644-2009.

K. Enforcement.

(1) The Township Committee shall enforce the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and the provisions of this chapter. To that end, the Township Committee shall require the issuance of specified permits, certificates or authorizations as a condition precedent to:

(a) The erection, construction, alteration, repair, remodeling, conversion, removal or destruction of any building or structure.

(b) The use or occupancy of any building, structure or land.

(c) The subdivision or resubdivision of any land.

(2) In case any land, building or structure is developed, erected, constructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or any other ordinance of Hamilton Township, the Township Committee and its agents or interested party, in addition to other remedies, may institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of such building, structure or land; or to prevent any illegal act, conduct, business or use on or about such premises.

L. Appeal to the Board of Public Utility Commissioners. If a public utility, as defined in N.J.S.A. 48:2-13, is aggrieved by the action of a Board or municipal agency through its exercise of its powers under this chapter with respect to any action in which the public utility has an interest, an appeal to the Board of Public Utility Commissioners of the State of New Jersey may be taken within 35 days after such action without appeal to the Township Committee, unless such public utility so chooses. In such case, appeal to the Public Utility Commissioners may be taken within 35 days after action by the Township Committee. A hearing on the appeal of a public utility to the Public Utility Commissioners shall be had on notice to the agency from which appeal is taken to all parties primarily concerned, all of whom shall be afforded an opportunity to be heard. If, after such hearing, the Board of Public Utility Commissioners shall find that the present or proposed use by the public utility of the land described in the petition is necessary for the service, convenience or welfare of the public, the public utility may proceed in accordance with such decision of the Board of Public Utility Commissioners, this chapter or any regulation made hereunder to the contrary notwithstanding. This chapter or any regulation made hereunder shall not apply to a development proposed by a public utility for installation in more than one municipality for the furnishing of service if, upon a petition of the public utility, the Board of Public Utility Commissioners shall, after hearing of which any municipalities affected shall have notice, decide the proposed installation of the development in question is reasonably necessary for the service, convenience or welfare of the public. Nothing in this chapter shall be construed to restrict the right of any interested party to obtain a review of the action of the Municipal Board or agency or of the Board of Public Utility Commissioners by any court of competent jurisdiction according to law.

M. Exclusive authority of Planning Board and Zoning Board of Adjustment. Any power expressly authorized by this chapter to be exercised by the Planning Board and Zoning Board of Adjustment shall not be exercised by any other body, except as otherwise provided in this chapter.

N. Tolling of running of period of approval. In the event that, during the period of approval heretofore or hereafter granted to an application for development, the developer is barred or prevented, directly or indirectly, from proceeding with the development otherwise permitted under such approval by a legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health or welfare and the developer is otherwise ready, willing and able to proceed with said development, the running of the period of approval under this chapter shall be suspended for the period of time said legal action is pending or such directive or order is in effect.

O. Conditional approvals.

(1) In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, by legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the Board shall process such application for development in accordance with this chapter, and, if such application for development complies with this chapter, the Board shall approve such application conditioned upon removal of such legal barrier to development.

(2) In the event that development proposed by an application for development requires an approval by a governmental agency other than the local Board, the Board shall, in appropriate circumstances, condition its approval upon the subsequent approval of such governmental agency. However, the Board shall make a decision on any application for development within the time period provided in this chapter or within an extension of such period as has been agreed to by the applicant unless the Board is prevented or relieved from so acting by the operation of law.

P. Payment of taxes. Every application for development submitted to the Planning Board or the Zoning Board of Adjustment shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application. Taxes shall be kept current while any application is pending or under review. The Board may, however, agree to condition any approval or any relief either upon the prompt payment of such taxes or assessments or the making of adequate provision thereof in such manner that the township will be adequately protected.

§ 203-7 Protest.

[Added 8-17-1992 by Ord. No. 1127-92]

A protest against any proposed amendment or revision of this chapter may be filed with the Township Clerk, signed by the owners of 20% or more of the area either of the lots or land included in such proposed change or of the lots or land extending 200 feet in all directions therefrom, inclusive of street space, whether within or without the township. Such amendment or revision shall not become effective following the filing of such protest except by the favorable vote of 2/3 of all members of the Township Committee.

§ 203-8 Master Plan.

A. Preparation, contents and modification. The Planning Board may prepare and, after public hearing, adopt or amend a Master Plan or component parts thereof to guide the use of lands within the township in a manner which protects public health and safety and promotes the general welfare. The Master Plan shall generally compromise a report or statement and land use and development proposals with maps, diagrams and text.

B. Specific components. The Master Plan may include any or all of the following elements as appropriate:

(1) A statement of objectives, principles, assumptions, policies and standards upon which the constituent proposals or the physical, economic and social development of the township are based.

(2) A land use plan element:

(a) Taking into account the other Master Plan elements and natural conditions, including but not necessarily limited to topography, soil conditions, water supply, drainage, floodplain areas, marshes and woodlands.

(b) Showing the existing and proposed location, extent and intensity of development of land to be used in the future for varying types of residential, commercial, industrial, agricultural, recreational, educational and other public and private purposes or accommodation of purposes.

(c) Including a statement of the standards of population density and development intensity recommended for the township.

(3) A housing plan element, including but not limited to residential standards and proposals for the construction and improvement of housing.

(4) A circulation plan element showing the location and types of facilities for all modes of transportation required for the efficient movement of people and goods into, about and through the municipality.

(5) A utility service plan element analyzing the need for and showing the future general location of water supplies and distribution facilities, drainage and flood-control facilities, sewerage and waste treatment, solid waste disposal and provision for other related utilities.

(6) A community facilities plan element showing the location and type of educational or cultural facilities, historic sites, libraries, hospitals, firehouses, police stations and other related facilities, including their relation to the surrounding areas.

(7) A recreation plan element showing a comprehensive system of areas and public sites for recreation.

(8) A conservation plan element providing for the preservation, conservation and utilization of natural resources, including, to the extent appropriate, energy, open space, water supply, forests, soil, marshes, wetlands, harbors, rivers and other waters, fisheries, endangered or threatened species, wildlife and other resources, and which systemically analyzes the impact of each other component and element of the Master Plan on the present and future preservation, conservation and utilization of those resources.

[Amended 7-7-1997 by Ord. No. 1261-97]

(9) An economic plan element considering all aspects of economic development and sustained economic vitality, including a comparison of the types of employment expected to be provided by the economic development to be promoted with the characteristics of the labor pool resident in the municipality and nearby areas; and an analysis of the stability and diversity of the economic development to be promoted.

[Amended 7-7-1997 by Ord. No. 1261-97]

(10) An historic preservation plan element: indicating the location and significance of historic sites and historic districts; identifying the standards used to assess worthiness for historic site or district identification; and analyzing the impact of each component and element of the Master Plan on the preservation of historic sites and districts.

[Amended 7-7-1997 by Ord. No. 1261-97]

(11) Appendixes or separate reports containing the technical information for the Master Plan and its constituent elements.

[Amended 7-7-1997 by Ord. No. 1261-97]

(12) A recycling plan element which incorporates the State Recycling Plan goals, including provisions for the collection, disposition and recycling of recyclable materials within any development proposal for the construction of 50 or more units of single-family residential housing or 25 or more units of multifamily residential housing and any commercial or industrial development proposal for the utilization of 1,000 square feet or more of land.

[Amended 7-7-1997 by Ord. No. 1261-97]

(13) A farmland preservation plan element, which shall include: an inventory of farm properties and a map illustrating significant areas of agricultural land; a statement showing that municipal ordinances support and promote agriculture as a business; and a plan for preserving as much farmland as possible in the short term by leveraging moneys made available by P.L. 199, c. 152 (N.J.S.A. 13:8C-1 et seq.) through a variety of mechanisms, including, but not limited to, utilizing option agreements, installment purchases, and encouraging donations of permanent development easements.

[Added 10-1-2012 by Ord. No. 1728-2012]

(14) A development transfer plan element which sets forth the public purposes, the locations of sending and receiving zones and the technical details of a development transfer program based on the provisions of Section 5 of P.L. 2004, c.2 (N.J.S.A. 40:55D-141).

[Added 10-1-2012 by Ord. No. 1728-2012]

(15) An educational facilities plan element which incorporates the purposes and goals of the "long-range facilities plan" required to be submitted to the Commissioner of Education by a school district pursuant to Section 4 of P.L. 2000, c.72 (N.J.S.A. 18A:7G-4).

[Added 10-1-2012 by Ord. No. 1728-2012]

(16) A green buildings and environmental sustainability plan element, which shall provide for, encourage, and promote the efficient use of natural resources and the installation and usage of renewable energy systems; consider the impact of buildings on the local, regional and global environment; allow ecosystems to function naturally; conserve and reuse water; treat stormwater on site; and optimize climactic conditions through site orientation and design.

[Added 10-1-2012 by Ord. No. 1728-2012]

C. The Master Plan and its plan elements may be divided into subplans and subplan elements projected according to periods of time or staging sequences.

D. Relations to other plans. The Master Plan shall include a specific policy statement indicating the relationship of the proposed development of the township as developed in the Master Plan to:

(1) The Master Plans of contiguous municipalities.

(2) The Atlantic County Master Plan.

(3) The State Comprehensive Guide Plan.

(4) The Pinelands Comprehensive Management Plan.

(5) The Coastal Resource and Development Policies of the New Jersey Department of Environmental Protection.

§ 203-9 Procedures for development in Pinelands Area.

A. Applicability of procedures.

(1) No person shall carry out any development within the Pinelands Area without obtaining approval from an approval agency 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 chapter:

[Amended 7-7-1997 by Ord. No. 1261-97; 8-4-1997 by Ord. No. 1280-97 ; 10-1-2012 by Ord. No. 1728-2012;7-16-2018 by Ord. No. 1879-2018]

(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.

(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:

[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.

(j) The repair or replacement of any existing on-site wastewater disposal system.

(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.

(l) The clearing of land solely for agricultural or horticultural purposes.

(m) Fences, provided that no more than 1,500 square feet of land is to be cleared.

(n) Aboveground telephone equipment cabinets.

(o) Tree pruning.

(p) The following forestry activities:

[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 (with a maximum caliper of 6 inches) 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.

(r) Normal and customary landscape plantings, unless a landscaping plan is required pursuant to § 203-185A(3), 203-116A(1)(t) or 203-167.

(s) Agricultural resource extraction, provided that:

[1] All of the removed soil remains in agricultural or horticultural use within the Pinelands Area;

[2] No more than 2,000 cubic yards of soil per calendar year are removed from any parcel; or

[3] No more than 20,000 cubic yards of soil per calendar year are removed from any parcel and a farmland conservation plan, designed in accordance with the United States Department of Agriculture, Natural Resources Conservation Service, New Jersey Field Office Technical Guide, Section 4, dated May 2001, incorporated herein by reference, as amended and supplemented, is approved by the Soil Conservation District and submitted to the Pinelands Commission by the owner of the parcel, demonstrating that the proposed resource extraction is for one of the following agricultural purposes:

[a] Agricultural irrigation ponds;

[b] Blueberry/cranberry agriculture site preparation and horticulture of other wetland species, provided the activity is located on wetland soils or soil types that are somewhat poorly drained or moderately well drained with a seasonal high-water table within 24 inches of the natural surface of the ground, as defined in the Atlantic County Soil Survey, published by the USDA, Natural Resources Conservation Service, as amended or supplemented; or

[c] The off-site removal of overlying soils to access underlying sand for cranberry management practices, provided the quantity of overlying soil removed off site does not exceed the quantity of underlying sand to be used for the management practices listed in N.J.A.C. 7:50-6.55(a)4 and the quantity of overlying soil removed off site does not exceed that reasonably necessary to provide access to underlying sand to be utilized within a three-year period.

(t) The installation of a solar energy facility accessory to a nonresidential use or a multifamily residential structure where the solar energy facility is located on any existing structure or impervious surface.

(u) 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.

(v) The establishment of a home occupation within an existing dwelling unit or structure accessory thereto, provided that no additional development is proposed.

(w) 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.

(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. Special submission requirements for minor development. Any application for approval of minor development shall include at least the following information:

(1) The applicant's name and address and his interest in the subject property.

(2) The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application.

(3) The legal description, including block and lot designation and street address, if any, of the subject property.

(4) A description of all existing uses of the subject property.

(5) A brief written statement generally describing the proposed development.

(6) A United States Geological Survey 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.

(7) 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:

(a) On-site treatment facilities: the location, size, type and capacity of any proposed on-site wastewater treatment facilities.

(b) 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 a suitable location with a tract map showing location, logs and 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 § 203-186.

(8) 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.

(9) 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.

(10) 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.

(11) 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.

(12) When prior approval for the development has been granted by the approval agency, evidence of Pinelands Commission review pursuant to Subsection E below.

C. Special submission requirements for other development.

(1) All applications for major developments, other than forestry operations, shall be accompanied by the information required in N.J.A.C. 7:50-4.2(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.

(b) When prior approval for the development has been granted by the approval agency, evidence of Pinelands Commission review pursuant to Subsection E below.

(2) Any application for approval of forestry operations shall be subject to requirements of § 203-174C.

D. Notices to the Pinelands Commission.

[Amended 7-16-2018 by Ord. No. 1879-2018]

(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 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.

(h) The nature of the municipal approval or approvals being sought.

(2) 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.

(f) The purpose for which the meeting, hearing or other formal proceeding is to be held.

(3) Notice of approval or denial. 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 approval agency or an appeal of any 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.

(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.

E. Review by Pinelands Commission.

(1) Upon receipt by the Pinelands Commission of the 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 N.J.A.C. 7:50-4.43. The approval of the township 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) Pursuant to N.J.A.C. 7:50-4.1(b) and 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 local approval under this section. 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.

F. Where a prior approval has been granted by the township, no subsequent approval of an application for development approval shall be obtained until one of the following is satisfied:

(1) Notification is received from the Pinelands Commission that review of the township's approval is not required; or

(2) Review of the township's approval has been completed pursuant to N.J.A.C. 7:50-4.37 through N.J.A.C. 7:50-4.42 and a final order regarding the approval is satisfied by the township from the Pinelands Commission.

G. Effect of Pinelands Commission's decision of township's approval. If the Pinelands Commission disapproves an application for development previously approved by an approval agency, such approval shall be revoked by the approval agency within 30 days of the Commission's action, and the agency shall thereafter deny approval of the application. If the Commission approves the decision of an approval agency subject to conditions, the approval agency 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.

H. Participation of Pinelands Commission in public hearings. The Pinelands Commission may participate in a hearing held in the township involving the development of land in the Pinelands Area pursuant to N.J.A.C. 7:50-4.36.

I. Public development. All development proposed by the township or any agency thereof will comply with all the requirements for public development set forth in N.J.A.C. 7:50-4.51 et seq. and all the standards set forth in Article I of this chapter.

J. Amendments. In amending this chapter, the township's Master Plan or any other ordinance regulating the use of land, the township shall comply with all the requirements of N.J.A.C. 7:50-3.45.

§ 203-10 Historic Preservation Commission.

[Added 11-20-1989 by Ord. No. 1014-89; amended 7-7-1997 by Ord. No. 1261-97; 4-6-2015 by Ord. No. 1785-2015]

A. Establishment. There is hereby established within the Township of Hamilton an "Historic Preservation Commission," whose members shall serve without compensation.

B. Responsibilities. The Historic Preservation Commission shall have the following duties and responsibilities:

(1) To identify, record and maintain a survey of all buildings, structures, sites, objects, improvements and districts of historical significance within the Township.

(2) To recommend to the Township Committee the designation of buildings, structures, sites, objects or improvements as historic landmarks, and to recommend the designation of historic districts.

(3) To monitor and recommend to the Township Committee any buildings, structures, sites, objects, improvements or districts for inclusion in the New Jersey or National Register of Historic Places.

(4) To make recommendations to the Planning Board on the historic preservation plan element of the Master Plan and on the implications for preservation of historic landmarks and historic districts of any other Master Plan elements. The Commission may provide information to the Planning Board indicating the location and significance of historic landmarks and historic districts, and identify the standards used to assess worthiness for historic landmark or historic district designation.

(5) To advise the Planning Board and Zoning Board of Adjustment on applications for development pursuant to N.J.S.A. 40:55D-110.

(6) To provide written reports pursuant to N.J.S.A. 40:55D-111 on the application of the Zoning Ordinance provisions concerning historic preservation to proposed construction.

(7) To review and render determinations regarding applications for certificates of appropriateness when so authorized by the Planning Board as set forth in § 203-211A(3).

(8) To advise the Planning Board on the inclusion of historic landmarks and historic districts in the recommended capital improvement program.

(9) To monitor and recommend to the Township Committee the submission of any grants related to historic preservation.

(10) To carry out such other advisory, educational and informational functions as will promote historic preservation in the Township.

C. Membership.

(1) Appointment. The Commission shall consist of seven regular members and no more than two alternate members, who shall be appointed by the Township Committee. Of the regular members a total of at least one less than a majority shall be of Classes A and B. At the time of appointment, members shall be designated by the following classes:

(a) Class A: a person who is knowledgeable in building design and construction or architectural history and who may reside outside the municipality; and

(b) Class B: a person who is knowledgeable in, or who has demonstrated an interest in, local history and who may reside outside the municipality; and

(c) Class C: citizens of the municipality who shall hold no other municipal office, position or employment except for membership on the Planning Board or Zoning Board of Adjustment. Class C members should have at a minimum a demonstrated interest in history, historic preservation or a related field. Alternate members shall meet the qualifications of Class C members. At the time of appointment, alternate members shall be designated as "Alternate No. 1" and "Alternate No. 2."

(2) Terms. The terms of the members first appointed under this ordinance shall be so determined that to the greatest practicable extent the expiration of the terms shall be distributed, in the case of regular members, evenly over the first four years after their appointment, and in the case of alternate members, evenly over the first two years after their appointment, provided that the initial term of a regular member shall not exceed four years and that the initial term of an alternate member shall not exceed two years. Thereafter, the term of a regular member shall be four years; the term of an alternate member shall be two years. Notwithstanding any other provision herein, the term of any member common to the Historic Preservation Commission and the Planning Board shall be for the term of membership on the Planning Board; and the term of any member common to the Historic Preservation Commission and the Zoning Board of Adjustment shall be for the term of membership on the Zoning Board of Adjustment. The full membership of the Historic Preservation Commission shall be appointed within 60 days from the effective date of this section. A vacancy occurring for reasons other than the expiration of a term shall be filled for the remainder of the unexpired term within 60 days of occurrence.

(3) Role of alternates. The alternate members may participate in all Commission discussions during proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.

(4) Officers. Annually, the Commission shall elect a Chairman and Vice Chairman from its members and select a recording secretary who may or may not be a member of the Commission or a municipal employee.

D. Budget. The governing body shall make provision in its budget and appropriate funds for the expenses of the Historic Preservation Commission. The Commission may employ, contract for and fix the compensation of experts and other staff as it shall deem necessary. The Commission shall obtain its legal counsel from the municipal attorney at the rate of compensation determined by the governing body, unless the governing body by appropriation provides for separate legal counsel for the Commission. Expenditures pursuant to this subsection shall not exceed, exclusive of gifts or grants, the amount appropriated by Township Committee for the Commission's use.

E. Finances. The Township Committee shall establish by ordinance reasonable fees necessary to cover the expenses of administration and professional services to aid the Commission in its review of applications and development reviews. These fees are in addition to any other required under any portion of this or any other applicable Township ordinance.

F. Rules of Commission.

(1) The Commission shall adopt written rules for the transaction of its business and for the consideration of applications for certificates of appropriateness and for the designation of historic landmarks and historic districts. Such rules shall not be inconsistent with the provisions of this section and shall include, but not be limited to, rules pertaining to all notices and hearings required herein.

(2) In order to make available to the public information useful to the preservation and protection of historic landmarks and historic districts and to provide the basis for consistency of policy, the Commission Secretary shall maintain complete files and records. The commission's files shall include, but are not limited to, data used in the classification of building, structures, sites, objects, improvements and districts, minutes of Commission meetings, applications for certificates of appropriateness along with collateral data, decisions and appeals associated therewith and information, materials and references submitted to the public related to historic preservation. A record of Commission proceedings shall be kept and made available upon request and pursuant to Open Public Records Act, but a formal verbatim record shall not be required.

(3) The Commission Secretary shall keep minutes and records of all meetings and proceedings including voting records, attendance, resolutions, reports, findings, determinations, decisions and applications, which shall be public documents. All meetings shall be noticed and conducted in accordance with the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq. Copies of all minutes shall be maintained in the Municipal Building and shall be delivered to the Township Clerk.

(4) Copies of records shall be made available to municipal bodies, agencies, and officials for their use. When the Planning Board or the Zoning Board of Adjustment refers an application to the Historic Preservation Commission, then the referring Board shall receive a copy of the Commission's Report.

(5) The Zoning Office shall maintain and display an up-to-date map showing the boundaries of all areas designated as historic districts, as well as the locations of all historic landmarks.

(6) No member of the Commission shall be permitted to act on any matter in which he or she has, either directly or indirectly, any personal or financial interest. Unless a member resides or owns property within 200 feet of property which is the subject of an application, mere ownership or residence in a designated historic district and/or ownership of a designated historic landmark or a nondesignated property shall not be deemed a personal or financial interest.

(7) Unless authorized to issue certificates of appropriateness pursuant to § 203-211A(3), any decision of the Historic Commission will be reviewed by the Planning Board and either adopted or modified.

G. Removal. A member of the Commission may, after a public hearing if he requests it, be removed by the governing body for cause.

H. Meetings; quorum.

(1) The Historic Preservation Commission shall establish and post in the Municipal Building a regular schedule of meetings, which shall include a minimum of one meeting per month. Regular meetings shall be held as scheduled unless canceled for lack of a quorum, lack of applications to process of for other good reason(s), which shall be noted in the minutes. Additional special meetings may be called by the Chairman or Vice Chairman, or on the request of any two of its members, when the regular meetings are inadequate to meet the needs of its business, to handle emergencies or to meet time constraints imposed by law.

(2) The Historic Preservation Commission shall hold hearings to review all applications for certificates of appropriateness, referrals of development applications and other business which comes before the Commission.

(3) The presence of four members, which may include alternate members filling the vacancies of regular members, shall constitute a quorum. A majority vote of those present and voting shall prevail, and shall be sufficient to grant or deny a certificate of appropriateness. Not less than a majority of the appointed membership shall be required to recommend the designation or change of an historic landmark or historic district designation or to render a decision on applications for demolition.

I. Designation of historic landmarks and historic districts.

(1) Survey. The Commission shall maintain a comprehensive survey of the Township of Hamilton to identify historic landmarks and historic districts that are worthy of protection and preservation.

(2) Criteria for designation. The criteria for evaluating and designating historic landmarks and historic districts shall be guided by the National Register criteria. The Commission or any person may recommend designation of historic landmarks or historic districts that are in accordance with the National Register criteria or that possesses one or more of the following attributes:

(a) Character, interest, or value as part of the development, heritage or cultural characteristics of the Township, state or nation; or

(b) Association with events that have made a significant contribution to the broad patterns of our history; or

(c) Association with the lives of person significant in our past; or

(d) Embodiment of the distinctive characteristics of a type, period or method of construction, architecture, or engineering; or

(e) Identification with the work of a builder, designer, artist, architect or landscape architect whose work has influenced the development of the Township, state, or nation; or

(f) Embodiment of elements of design, detail, material or craftsmanship that render an improvement architecturally significant or structurally innovative; or

(g) Unique location or singular physical characteristics that make a district or landmark an established or familiar visual feature; or

(h) Ability or potential ability to yield information important in prehistory or history.

(3) Procedures for designation.

(a) Persons wishing to make a nomination shall contact the Commission Secretary regarding consideration of a proposed historic landmark or historic district. The Commission may also initiate the designation of an historic landmark or historic district. The Commission will schedule a hearing to review the proposed historic landmark or historic district.

(b) A nomination to propose an historic landmark shall include the following information which addresses the criteria for designation as set forth herein:

[1] A photograph, preferably black and white, of the proposed landmark; and

[2] A copy of the municipal Tax Map showing the property on which the proposed landmark is located; and

[3] A physical description of the proposed landmark; and

[4] A statement of significance, referencing applicable National Register criteria.

(c) A nomination to propose an historic district shall include the following information which addresses the criteria for designation as set forth herein:

[1] A building-by-building inventory of all properties within the district; and

[2] A photograph, preferably black and white, of all properties within the district; and

[3] A copy of the municipal Tax Map of the district showing boundaries; and

[4] A physical description of the proposed district; and

[5] A statement of significance, referencing applicable National Register criteria.

(d) Following receipt of a nomination to propose an historic landmark or historic district, the Commission shall schedule a public hearing on the proposed designation.

(e) At least 10 days prior to the public hearing, the Commission shall, by personal service or certified mail perform the following:

[1] Notify the owner(s) of record of a property that has been proposed for historic landmark designation, or the owner(s) of record all properties located within a district that has been proposed for historic district designation, that the property or district, as applicable, is being considered for such designation and the reasons therefor;

[2] Advise the owner(s) of record of the significance and consequences of such designation, and of the rights of the owner(s) of record to contest such designation under the provisions of this section;

[3] Notify the owner(s) of record of the date, time and location of the hearing concerning the proposed designation of the property or district; and

[4] Serve any further notices as may be required under the provisions of the Municipal Land Use Law.

(f) At least 10 days prior to the public hearing, the Commission shall also cause public notice of the hearing to be published in the official newspaper of the Township.

(g) At least 10 days prior to the public hearing, a copy of the nomination report shall also be made available for public inspection in the Municipal Offices of the Township.

(h) At the public hearing scheduled in accordance with this section, the Commission shall review the nomination report and accompanying documents. Interested persons shall be given the opportunity to be heard and to comment on the proposed nomination for designation.

(i) Designation of an historic district shall not proceed over the written objection of 51% of the property owners (as certified by the Township Clerk), in accordance with the procedural guidelines set forth by the National Register of Historic Places.

(j) If the proposed nomination is approved by the Commission, then the Commission shall forward a report concerning the proposed historic landmark or historic district to the Planning Board, which shall contain a statement of the Commission's recommendations and the reasons therefor. Township Committee action on designating an historic landmark or an historic district shall then be otherwise subject to those procedures and statutes which apply to a change of a zoning designation and the adoption, revision or amendment of any development regulation.

(k) All other requirements of the Municipal Land Use Law and the New Jersey Pinelands Comprehensive Management Plan, if applicable, regarding adoption of development regulations shall be followed.

(l) Upon adoption of an ordinance by the Township Committee designating an historic landmark or an historic district, said designation shall supplement, rather than supersede, the existing zoning district in which the affected historic landmark or historic district is located. At that time, the designation list and map shall be incorporated into the Master Plan and Zoning Ordinance of the Township as required by the Municipal Land Use Law. Designated properties shall also be noted as such on the records for those properties as maintained by the Planning and Zoning offices, as well as the offices of the Construction Official, the Township Tax Assessor and the Township Clerk.

(m) Amendments to historic landmark or historic district designations may be made in the same manner as they were adopted in accordance with the provisions of this section.