In order to protect the general health, safety
and welfare of Hamilton Township residents, the following regulations
shall apply.
[Amended 2-20-1990 by Ord. No. 1019-90; 5-17-1993 by Ord. No. 1148-93; 7-7-1997 by Ord. No. 1261-97; 8-4-1997 by Ord. No.
1280-97; 1-20-2004 by Ord. No. 1485]
The following uses are prohibited in all districts
except as otherwise specifically provided below. Without limitation
of the following prohibited uses, any use that is not expressly set
forth in the specific districts created by the chapter as a permitted
or conditionally permitted use therein shall be deemed not to be permitted
in each such district.
A. Automotive salvage yards or outdoor storage of wrecked
automobiles or parts thereof.
B. Mobile homes and occupied residential vehicles, tractor-trailers
and/or boats. Those parked or stored at private residences must be
in rear or side yards in a manner so as to provide emergency access.
In no case shall they be hooked up to utility service. No such prohibited
uses shall be stored in common parking areas of apartments, high-rises
or townhouses. Notwithstanding the foregoing, a mobile home may be
temporarily placed on a lot and occupied under the following circumstances:
(1)
In the event of fire or other casualty to a
dwelling unit that renders said dwelling unit uninhabitable, as certified
by the Hamilton Township Construction Official, a mobile home, complying
with all of the requirements of the BOCA Code of the State of New
Jersey, may be located on the property until the dwelling unit is
reconstructed, but not for a period in excess of one year, provided
that the mobile home is located in compliance with the bulk standards
of the zone in which the property is located.
(2)
In the AG, FA-10, FA-25, FA-70, RD1, RD-2.5,
RD-4 and RD-5 Districts, an individual property owner may locate a
mobile home, complying with all of the requirements of the BOCA Code
of the State of New Jersey, on the property while a permanent dwelling
is being constructed, provided that:
(a)
The dwelling being constructed shall be the
primary residence of the property owner.
(b)
The mobile home shall not be placed on site
until all permits for construction of the permanent dwelling have
been filed with the Township.
(c)
The mobile home shall not be occupied for a
period in excess of one year.
(d)
The mobile home is located in compliance with
all applicable setback standards of the zone in which the property
is located.
(e)
During the time of occupancy, the mobile home
shall be connected to the permanent potable water supply and sanitary
waste disposal systems on site.
(f)
The mobile home shall be disconnected from all
utilities within 30 days of issuance of a certificate of occupancy
for the permanent dwelling.
C. Boats shall be occupied for no more than 48 hours,
and in no case shall they be hooked up to permanent utility services.
D. The use of any mobile home, travel trailer, tractor-trailer
or similar mobile unit used for the sale of goods therefrom while
parked for any period of time adjacent to any building; the use of
any mobile home, trailer, tractor-trailer, travel trailer or similar
mobile unit for storage purposes for a period in excess of one week
while parked adjacent to a building.
E. Mobile, temporary or permanent signs of any kind not specified in Article
XIII, Signs.
F. Any temporary or permanent obstructions at intersections,
including the sign triangle thereof.
G. Any use which includes the storage of gasoline or
other petroleum product not permitted in any other section of this
chapter.
H. Any use which includes the manufacturing of acid,
cement, lime, gypsum or plaster of paris or other products emitting
hazardous elements.
I. Any use which includes the manufacture or storage
of explosives, fat, fertilizer, gas, glue, PBS, asbestos or vinyl
chloride, or the reduction of garbage, offal or dead animals.
J. Any use which involves the smelting of tin, copper,
zinc or iron ores.
K. Any use which, by reason of emissions of odor, dust,
gas, smoke or noise, is detrimental to the health, safety or general
welfare of the community.
L. Any use which creates vibration or glare that goes
beyond property lines.
M. Storage of combustible materials for other than on-site
use and/or refining of combustible materials.
N. Campgrounds or campsites not specified in district
regulations.
O. Use of the following substances in Hamilton Township
to the extent that such use will result in direct or indirect introduction
of such substances to any surface or ground water or any land:
P. All storage facilities for de-icing chemicals shall
be lined to prevent leaking into the soil and shall be covered with
an impermeable surface which shields the facility from precipitation.
Q. No person shall apply any herbicide to any road or
public utility right-of-way within Hamilton Township unless necessary
to protect an adjacent agricultural activity.
R. No development shall be carried out in Hamilton Township
unless it is designed to avoid irreversible adverse impacts on habitats
that are critical to the survival of any local populations of those
threatened or endangered animal species designated by the Department
of Environmental Protection pursuant to N.J.S.A. 23:2A-1 et seq.
S. All development or other authorized activity shall
be carried out in the Pinelands Area of Hamilton Township in a manner
which avoids disturbance to distinct fish and wildlife habitats that
are essential to continued nesting, resting, breeding and feeding
of significant populations of fish and wildlife in the Pinelands.
T. No development shall be carried out by any person
in Hamilton Township unless it is designed to avoid irreversible adverse
impacts on the survival of any local populations of threatened or
endangered plants of Hamilton Township designated in N.J.A.C. 7:50-6.27.
U. The prohibited uses outlined in this section are enforceable to all sections of this chapter and carry the penalties outlined in Article
XIX, Review by Other Agencies; Enforcement; Appeals.
V. In the Pinelands Area, no more than one principal
use shall be located on one lot, except for forestry, agriculture,
horticulture, fish and wildlife management and recreational development
on agricultural lands.
W. Except as otherwise authorized in this chapter, the
extraction or mining of mineral resources in the Pinelands Area, other
than sand, gravel, clay and ilmenite, is prohibited.
X. No motor vehicles shall be operated on public land
except as permitted in N.J.A.C. 7:50-b.143(a)2.
Y. All development shall adhere to the relevant air quality
standards of N.J.A.C. 7:27 et seq.
AA. Automobile or other vehicular junkyard or graveyard,
or any dump or any other establishment for the storage, reduction
or deposit of junk or waste materials of any kind.
BB. The use of radioactive materials, except as incident
to a permitted use.
CC. Explosives manufacturing, including without limitation
fireworks, matches, firearms and ammunition, the testing thereof,
and the storage or sale of explosives, firearms or ammunition.
EE. Tank farms or other indoor or outdoor manufacturing,
mixing, or storage facilities for any chemicals, toxic, flammable
or combustible materials.
FF. Airports, airfields, aviation fields, landing fields,
heliports or any other facility that contains runway(s), hangar(s),
or refueling tanks, pumps or equipment for aviation purposes.
GG. Mining and other excavation facilities.
II. Chemical water treatment plants.
JJ. Private zoos, menageries or any other facilities for
the breeding, maturation, boarding or keeping of nondomesticated animals.
KK. Motor speedways, raceways, race tracks, testing tracks,
and similar facilities.
If the Construction Official, upon inspection,
determines that an unsafe condition exists with respect to building
soundness, he shall notify the owner of his findings and state his
reasons and order the condition repaired or, in the case of signs
and fences, removed within a reasonable time period.