This chapter shall be known and may be cited
as the "Land Development Ordinance of the Township of Independence,
New Jersey."
There is hereby ordained by the Township Committee
for the Township of Independence, New Jersey, pursuant to the provisions
of P.L. 1975, C. 291,[1] a Land Development Ordinance for the following purposes:
A.
To guide the appropriate use or development of all
lands in this state in a manner which will promote the public health,
safety, morals and general welfare.
B.
To secure safety from fire, flood, panic and other
natural and man-made disasters.
C.
To provide adequate light, air and open space.
D.
To promote the establishment of appropriate population
densities and concentrations that will contribute to the well-being
of persons, neighborhoods, communities and regions and preservation
of the environment.
E.
To encourage the appropriate and efficient expenditure
of public funds by the coordination of public development with land
use policies.
F.
To 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.
G.
To 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.
H.
To promote a desirable visual environment through
creative development techniques and good civic design and arrangements.
I.
To promote the conservation of open space and valuable
natural resources, prevent erosion and to prevent urban sprawl and
degradation of the environment through improper use of land.
J.
To 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.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[Amended 7-9-1979; 11-10-1980; 8-10-1981; 7-9-1984 by Ord. No. 84-8]
A.
The words "used for" include "designed for" and vice
versa; words used in the present tense include the future; words used
in the singular number include the plural number and vice versa; the
word "used" shall include "arranged," "designed," "constructed," "altered,"
"converted," "rented," "leased" or "intended to be used"; the word
"building" includes the word "structure"; the word "lot" includes
the word "plot" or "parcel"; the word "shall" is mandatory and not
directory.
B.
ACCESSORY BUILDING OR USE
ADMINISTRATIVE OFFICER
ADVERTISING STRUCTURE
AGENCY
AGRICULTURE
APARTMENT
APPLICANT
APPLICATION FOR DEVELOPMENT
APPROVED SANITARY AND WATER SYSTEMS
APPROVING AUTHORITY
ASSISTED-LIVING FACILITY
BASEMENT
BEDROOM
BUFFER
BUILDING
BUILDING, COMMUNITY
BUILDING COVERAGE
BUILDING, HEIGHT OF
(1)
(2)
(3)
(4)
(a)
(b)
(c)
CAMPERS
CANNABIS CULTIVATOR
CANNABIS DELIVERY
CANNABIS DELIVERY SERVICE
CANNABIS DISTRIBUTOR
CANNABIS ESTABLISHMENT
CANNABIS MANUFACTURER
CANNABIS RETAILER
CANNABIS WHOLESALER
CAPITAL IMPROVEMENT
CELLAR
CHILD-CARE CENTER
CHURCH or PLACE OF WORSHIP
CIRCULATION
CLEAR ZONE
CLINIC
CLUSTER RESIDENTIAL DEVELOPMENT
COMMERCIAL-RESIDENTIAL USE
COMMON OPEN SPACE
CONDITIONAL USE
COUNTY MASTER PLAN
COUNTY PLANNING BOARD
CRITICAL AREA
CUL-DE-SAC
DAYS
DENSITY
DENSITY, NET
DEVELOPER
DEVELOPMENT
DEVELOPMENT REGULATION
DISTRICT
DIVISION
DRAINAGE
DRAINAGE RIGHT-OF-WAY
DRIVEWAY
DWELLING
DWELLING, ATTACHED
DWELLING, DETACHED
DWELLING, GARDEN CONDOMINIUM
DWELLING, MULTIFAMILY
DWELLING, PATIO HOUSE
DWELLING, SEMIDETACHED
DWELLING, SINGLE-FAMILY DETACHED
DWELLING, TOWNHOME
DWELLING, TOWNHOUSE
DWELLING UNIT
EASEMENT
EDUCATIONAL FARM
ELDER COTTAGE HOUSING OPPORTUNITY (ECHO)
ENVIRONMENTAL COMMISSION
EROSION
EROSION AND SEDIMENT CONTROL PLAN
EXAMINATION ROOM
EXCAVATION or CUT
EXTENDED-CARE FACILITY
FABRICATION or ASSEMBLY
FACADE
FAMILY
FAMILY DAY-CARE HOME
FARM
FARM CONSERVATION PLAN
FARM STAND
FINAL APPROVAL
FLAG LOT
FLOOD
GARAGE, PRIVATE
GARDEN APARTMENT
GARDEN APARTMENT DEVELOPMENT
GOVERNING BODY
GROSS FLOOR AREA
HISTORIC SITE
HOME OCCUPATION
HOME PROFESSIONAL OFFICE
HOSPITAL
HOUSING REGION
INCLUSIONARY DEVELOPMENT
INTERESTED PARTY
(1)
(2)
INTERIOR DEVELOPMENT ROADWAY
INTERMEDIATE-CARE FACILITY
INTERSPERSE
JUNKYARD
LAND
LAND DISTURBANCE
LAND USE BOARD
LOADING SPACE
LOT
LOT AREA
LOT COVERAGE
LOT DEPTH
LOT, INTERIOR
LOT LINE
LOT WIDTH
LOW-INCOME HOUSING
MAINTENANCE GUARANTY
MAJOR SUBDIVISION
MASTER PLAN
MINING
MINOR SUBDIVISION
MOBILE HOME
MOBILE HOME PARK
MODERATE-INCOME HOUSING
MULCHING
MULTIFAMILY
MUNICIPALITY
MUNICIPAL AGENCY
NEW JERSEY COUNCIL ON AFFORDABLE HOUSING or NJCOAH
NONCONFORMING BUILDING
NONCONFORMING LOT
NONCONFORMING STRUCTURE
NONCONFORMING USE
NUISANCE
NURSING HOME
NURSING HOME FACILITY
OFFICE
OFFICIAL COUNTY MAP
OFFICIAL MAP
OFF-SITE
OFF-TRACT
ONE-BEDROOM APARTMENT
ON-SITE
ON-TRACT
OPEN SPACE
OWNER
PARKING AREA, PRIVATE
PARKING AREA, PUBLIC
PARKING SPACE
PARTY IMMEDIATELY CONCERNED
PERFORMANCE GUARANTY
PERMITTED USE
PLANNED RESIDENTIAL DEVELOPMENT (PRD)
PLAT
PLAT, FINAL
PLAT, PRELIMINARY
PRELIMINARY APPROVAL
PRELIMINARY FLOOR PLANS AND ELEVATIONS
PRIVATE ROAD
PROFESSIONAL OCCUPATIONS
PUBLIC AREAS
PUBLIC DEVELOPMENT PROPOSAL
PUBLIC DRAINAGEWAY
PUBLIC OPEN SPACE
QUARRYING
QUORUM
RECREATION SPACE
REQUIRED SETBACK
RESIDENTIAL CLUSTER
RESIDENTIAL DENSITY
RESTAURANT
RESTAURANT, DRIVE-IN
REST HOME
RESUBDIVISION
RIGHT-OF-WAY
SCHEDULING COMMITTEE
SCREENING
SECTION 8 INCOME LIMITS
SEDIMENT
SEDIMENTATION
SEDIMENT BASIN
SENIOR CITIZEN
SENIOR HOUSING
SENIOR HOUSING, SUBSIDIZED
SERVICE STATION
SETBACK LINE
SEWER, PUBLIC
SIGN and/or ADVERTISING STRUCTURE
SITE PLAN
SOIL
SOIL CONSERVATION DISTRICT
STAND, FARM
STAND, ORCHARD
STANDARDS OF PERFORMANCE
STORY
STORY, HALF
STREET
STREET, ARTERIAL
STREET, COLLECTOR
STREET, CUL-DE-SAC
STREET LINE
STREET, MARGINAL ACCESS
STREET, MINOR
STRIPPING
STRUCTURE
SUBDIVISION
(1)
(a)
(b)
(c)
(d)
(2)
SUBDIVISION COMMITTEE
SUBDIVISION, MAJOR
TRAILER, BOAT
TRAILER HOUSE
TURNING AREA
TWO-BEDROOM APARTMENT
USABLE RECREATION SPACE
USE
USE, ACCESSORY
VARIANCE
WATER, PUBLIC
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
ZERO LOT LINE
ZONING PERMIT
For the purpose of this chapter, certain terms and
words are herein defined as follows:
A use or structure customarily incidental and subordinate
to the principal use of land or buildings and located on the same
lot as such principal use or building.
The Clerk of the municipality, unless a different municipal
official or officials are designated by ordinance or statute.
See "sign."
The New Jersey Housing and Mortgage Finance Agency established
by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
[Added 10-5-1987 by Ord. No. 87-18]
The production, keeping, boarding or maintenance, for sale,
lease or personal use, of plants and animals useful to man, including
but not limited to forages and sod crops; processing soil to be used
as a growing medium; grains and seed crops; dairy animals and dairy
products; poultry and poultry products; livestock, including beef
cattle, sheep, swine, horses, ponies, mules or goats, or any mutations
or hybrids thereof, including the breeding and grazing of any or all
of such animals; bees and apiary products; fur animals; trees and
forest products; fruits of all kinds, including grapes, nuts and berries;
vegetables; nursery, floral, ornamental and greenhouse products; and
lands devoted to a soil conservation or forestry management program.
Wetlands remediation and/or mitigation shall not be defined as agriculture.
[Added 10-24-1985 by Ord.
No. 85-10; amended 12-1-2015 by Ord. No. 2015-09]
See "dwelling, multifamily"; "garden apartment"; "garden
apartment development"; "one-bedroom apartment"; "two-bedroom apartment."
[Amended 2-13-2007 by Ord. No. 2007-01]
A developer submitting an application for development.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, garden
apartment development, planned development, conditional use or zoning
variance.
Any public sanitary and water distribution systems approved
by the Township and State Department of Environmental Protection and
the Independence Municipal Utilities Authority.
The Land Use Board of the municipality, unless a different
agency is designated by ordinance when acting pursuant to the authority
of this chapter.
[Amended 2-13-2007 by Ord. No. 2007-07]
A facility which is licensed by the New Jersey Department
of Health to provide apartment-style housing and congregate dining
and to assure that assisted-living services are available, when needed,
for four or more adult persons unrelated to the proprietor. Units
offer, at a minimum, one unfurnished room, a private bathroom, a kitchenette
and a lockable door on the unit entrance or as defined by the New
Jersey Department of Health.
[Added 11-10-1998 by Ord. No. 98-4;
amended 2-11-2003 by Ord. No. 03-2]
That portion of a building partly below and partly above
grade, where the ceiling averages four feet or more than four feet
above the finished grade where such grade meets the outside walls
of the building (See "story.")
[Amended 6-13-2017 by Ord. No. 2017-08]
A separately enclosed room so designated on the approved
plan as such and intended and used primarily as sleeping quarters,
except that in an efficiency apartment the combined living room and
bedroom shall, for purposes of this chapter, be considered a "bedroom."[1]
A land area used to separate one use, activity or structure
from another.
[Added 4-14-1992 by Ord. No. 92-3]
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
A public building for civic, social, educational, cultural
and recreational activities of a neighborhood or community.
The square footage or other area measurement by which a building
or structure occupies the land as measured at the grade line around
the foundation.
Shall mean the vertical distance from grade to the top of
the highest roof beams of a flat roof, or highest gable or peak of
a hip roof. Height of structure shall be measured as follows. (See
Figure 1, Building Height, at the end of this chapter.)
[Amended 6-13-2017 by Ord. No. 2017-08]
For a new building within a newly approved subdivision, height
shall be measured from finished grade. Finished grade shall be based
upon the approved subdivision grading plan, which shall be shown on
the building permit plot plan to be approved by the Township Engineer.
For a new building not within a newly approved subdivision,
height shall be measured from finished grade. However, if finished
grade is more than three feet above existing grade, height shall be
measured from a reference plane representing a level three feet above
existing grade. The correct reference plane from which to measure
shall be determined by comparing the calculated existing grade to
the calculated finished grade.
For an existing building, including an addition to an existing
building, height shall be measured from finished grade.
When measuring height of structure, the following rules shall
apply:
The term "grade" shall mean reference plane representing the
average ground level adjoining the building at all exterior walls.
"Existing grade" shall mean the existing, pre-disturbance grade, and
"finished grade" shall mean the proposed, post-construction grade.
"Average ground level" shall be calculated using measurements
taken 10 feet apart.
For a residential structure with a walkout or daylight rear basement or cellar wall with a minimum four-foot exposure above finished grade, the rear wall shall be excluded when calculating the average ground level, provided that on a corner lot or through lot, screening shall be provided to lessen the visual impact of the rear wall on the street, consistent with § 255-88B.
A self-powered vehicle used for living or sleeping purposes.
Any person or entity holding a Class 1 cannabis cultivator
license issued by the State of New Jersey that grows, cultivates,
or produces cannabis in the State of New Jersey, and sells, and may
transport, this cannabis to other cannabis cultivators, or usable
cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis
retailers, but not to consumers.
[Added 7-13-2021 by Ord.
No. 2021-04]
The transportation of cannabis items and related supplies
to a consumer. "Cannabis delivery" also includes the use by a licensed
cannabis retailer of any third-party technology platform to receive,
process, and fulfill orders by consumers, which third party shall
not be required to be a licensed cannabis establishment, distributor,
or delivery service, provided that any physical acts in connection
with fulfilling the order and delivery shall be accomplished by a
certified cannabis handler performing work for or on behalf of the
licensed cannabis retailer, which includes a certified cannabis handler
employed or otherwise working on behalf of a cannabis delivery service
making off-premises deliveries of consumer purchases fulfilled by
that cannabis retailer.
[Added 7-13-2021 by Ord.
No. 2021-04]
Any person or entity holding a Class 6 cannabis delivery
license issued by the State of New Jersey that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer.
[Added 7-13-2021 by Ord.
No. 2021-04]
Any person or entity holding a Class 4 cannabis distributor
license issued by the State of New Jersey that transports cannabis
in bulk intrastate from one licensed cannabis cultivator to another
licensed cannabis cultivator, or transports 40 cannabis items in bulk
intrastate from any one class of licensed cannabis establishment to
another class of licensed cannabis establishment, and may engage in
the temporary storage of cannabis or cannabis items as necessary to
carry out transportation activities.
[Added 7-13-2021 by Ord.
No. 2021-04]
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
[Added 7-13-2021 by Ord.
No. 2021-04]
Any person or entity holding a Class 2 cannabis manufacturer
license issued by the State of New Jersey, that processes cannabis
items in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
[Added 7-13-2021 by Ord.
No. 2021-04]
Any person or entity holding a Class 5 cannabis license issued
by the State of New Jersey that purchases or otherwise obtains usable
cannabis from cannabis cultivators and cannabis items from cannabis
manufactures or cannabis wholesalers, and sells these to consumers
from a retail store, and may use a cannabis delivery service or a
certified cannabis handler for the off-premises delivery of cannabis
items and related supplies to consumers. A cannabis retailer shall
also accept consumer purchases to be fulfilled from its retail store
that are presented by a cannabis delivery service which will be delivered
by the cannabis delivery service to that consumer.
[Added 7-13-2021 by Ord.
No. 2021-04]
Any person or entity holding a Class 3 cannabis wholesaler
license issued by the State of New Jersey that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers.
[Added 7-13-2021 by Ord.
No. 2021-04]
A governmental acquisition of real property or major construction
project.
A space with less than 1/2 of its floor-to-ceiling height
above the average finished grade of the adjoining ground or with a
floor-to-ceiling height of not less than 6 1/2 feet.
An establishment licensed and approved by the Division of
Youth and Family Services maintained for the care, development or
supervision of six or more children under six years of age who attend
for less than 24 hours per day.
[Added 10-8-1991 by Ord. No. 91-6]
A building or structure for public worship and/or religious
services.
[Added 7-14-1986 by Ord. No. 86-11]
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits
and the handling of people and goods by such means as terminals, stations,
warehouses and other storage buildings or transshipment points.
Shall mean a level area adjacent to a principal or accessory
building, which is 20 feet in width measured parallel to the building,
from which emergency service (fire and rescue) may obtain access to
the roof by groundbased ladder. Such access point or clear zone shall
be available adjacent to at least one exterior wall of each principal
or accessory building.
[Added 6-13-2017 by Ord.
No. 2017-08]
A place where patients are studied or treated by physicians
specializing in various ailments and practicing as a group.
A form of development for single-family residential subdivisions
that permits a reduction in lot area and bulk requirements, provided
that there is no increase in the number of lots permitted under a
conventional subdivision and the residual land area is devoted to
common open space.
A building used for both commercial and residential purposes,
provided that the commercial use is limited to 40% of the total floor
area or 20% of the total structure.
An open space area within or related to a site designated
as a development, designed and intended for the use or enjoyment of
residents and owners of the development. "Common open space" may contain
such complementary structures and improvements as are necessary and
appropriate for the use or enjoyment of residents and owners of the
development.
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in the Zoning Ordinance and upon the issuance of an authorization
therefor by the Land Use Board.
[Amended 2-13-2007 by Ord. No. 2007-07]
A composite of the Master Plan for the physical development
of the county in which the municipality is located, with the accompanying
maps, plats, charts and descriptive and explanatory matter, adopted
by the County Planning Board pursuant to N.J.S.A. 40:27-2 and 40:27-4.
The Planning Board of the county in which the land or development
is located.
A sediment-producing highly erodible or severely eroded area.
See "street."
Calendar days.
The number of families, individuals, dwelling units or housing
structures per unit of land.
Total number of dwelling units within a designated area,
per land area, excluding streets, major open space, common recreation
areas and wetlands or other environmentally constrained areas, expressed
in dwelling units per acre (du/ac).
[Added 11-12-1985 by Ord. No. 85-12]
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase or other person having
an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure; or any
soil disturbance, mining, excavation or landfill; and any use or change
in the use of any building of other structure or land or extension
of use of land for which permission may be required pursuant to this
chapter.
A Zoning Ordinance, Subdivision Ordinance, Site Plan Ordinance,
Official Map Ordinance or other municipal regulation of the use and
development of land, or amendment thereto, adopted and filed pursuant
to this chapter.
Any part of the territory of Independence Township to which certain uniform regulations and requirements of this chapter apply. See Article XII of this chapter.
The Division of State and Regional Planning in the Department
of Community Affairs.
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff to minimize
erosion and sedimentation during and after construction or development
and means necessary for water supply preservation or prevention or
alleviation of flooding.
The lands required for the installation of stormwater sewers or drainage ditches or land or interests therein required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein so as to safeguard the public against flood damage in accordance with Chapter 1 of Title 58 of the Revised Statutes.
In a garden development, a road from a parking area to an
interior development roadway.
A structure or portion thereof which is used exclusively
for human habitation.
A one-family dwelling attached to two or more one-family
dwellings by common vertical walls.
A dwelling which is not attached to any other dwelling by
any means.
A group of rooms designed to function as a single, complete
dwelling unit and located in a multifamily dwelling. A garden condominium
is also referred to as a "condo flat."
[Added 7-13-1993 by Ord. No. 93-8]
A dwelling containing more than two dwelling units.
A one-family dwelling on a separate lot with open space setbacks
on three sides and with a court; also known as "zero lot line homes."
A one-family dwelling attached to one other one-family dwelling
by a common vertical wall, and each dwelling located on a separate
lot.
A dwelling which is designed for and occupied by not more
than one family and surrounded by open space or yards and which is
not attached to any other dwelling by any means.
A one-family dwelling in a grouping of at least five such
units in which each unit has its own access to the outside, no unit
is located over another unit and each unit is separated from any other
unit by one or more common fire-resistant walls.
[Added 11-12-1985 by Ord. No. 85-12]
A one-family dwelling in a row of at least three such units
in which each unit has its own front and rear access to the outside,
no unit is located over another unit, and each unit is separated from
any other unit by one or more common fire-resistant walls.
One or more rooms, designed, occupied or intended for occupancy
as separate living quarters, with cooking, sleeping and sanitary facilities
provided within the dwelling unit for the exclusive use of a single
family maintaining a household.
A restriction established in a real estate deed to permit
the use of land by the public, a corporation or particular persons
for specific uses.
A parcel of land wherein all or a portion thereof is used
for exhibits, demonstrations, instruction and/or education of farming
and husbandry uses and activities.
[Added 2-11-2003 by Ord. No. 03-1]
A government-owned, subsidized detached living quarters accessory to a primary residence for the exclusive use and occupancy by an elderly or handicapped person(s), at least one of whom shall be related by blood or marriage to the owner of the principal residence upon the lot, and located upon the same lot as the principal residence. An elderly person shall be any person of the age of 55 years or older. A handicapped person shall be any individual with such physical or mental handicap so as to be eligible for (but not necessarily receiving) functional services from the State of New Jersey or any other federal or state assistance for the elderly or handicapped. This housing is permitted as a conditional use pursuant to § 255-116.
[Added 7-8-1997 by Ord. No. 97-7]
A municipal advisory body created pursuant to P.L. 1968,
c. 245 (N.J.S.A. 40:56A-1 et seq.).
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
A plan which fully indicates necessary land treatment measures,
including a schedule of the timing for their installation, which will
effectively minimize soil erosion and sedimentation. Such measures
shall be equivalent to or exceed standards adopted by the New Jersey
State Soil Conservation Committee and administered by Warren County
Soil Conservation District.
Any room used for testing, inspection, investigation or treatment
of a patient, as opposed to a waiting room, counseling room or office
or where special medical or dental equipment may be installed to assist
in the examination or treatment.
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
A long-term care facility or a distinct part of a facility
licensed by the New Jersey Department of Health as a nursing home,
infirmary unit of a home for the aged or a governmental medical institution
or as defined by the New Jersey Department of Health.
[Added 11-10-1998 by Ord. No. 98-4]
The manufacture from standardized parts of a distinct object
differing from the individual components.
The exterior wall of a building exposed to public view or
that wall viewed by persons not within the building.
One or more persons customarily living together as a single
housekeeping unit, whether or not related to each other by birth or
marriage, as distinguished from a group occupying a boardinghouse,
lodging house, hotel or motel.
Any private residence approved by the Division of Youth and
Family Services or an organization with which the Division contracts
for family day care in which child-care services are regularly provided
to no less than three and no more than five children for no less than
15 hours per week. A child being cared for under the following circumstances
is not included in the total number of children receiving child-care
services:
[Added 10-8-1991 by Ord. No. 91-6]
A parcel of land used for agricultural activities.
A plan which provides for use of land within its capabilities
and treatment, within practical limits, according to a chosen use
to prevent further deterioration of soil and water resources.
See "stand, farm."
The official action of the Land Use Board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guaranties properly
posted for their completion, or approval conditioned upon the posting
of such guaranties.
[Amended 2-13-2007 by Ord. No. 2007-07]
A lot not fronting on or abutting a public road and where
access to the public road is by a narrow, private right-of-way.
The temporary overflowing of water onto land which is usually
devoid of surface water.
A detached accessory building or portion of a main building
for the parking or temporary storage of automobiles of the occupants
of the main building to which the garage is accessory.
Multifamily dwellings with five or more dwelling units and not exceeding 30 feet in height or not more than two livable floors above ground level and adhering to § 255-70.
A large-scale development to be constructed by a single owner
or a group of owners acting jointly, planned as an entity and consisting
of not less than 30 apartment units and therefore susceptible to development
and regulation as a complex land use unit, rather than as an aggregation
of individual buildings or unit group buildings located on separate
unrelated lots.
The chief legislative body of the municipality.
The sum of the gross horizontal areas of all floors of a
building measured by using the outside dimensions of a building. Excluded
are basements, attached garages, loading space for motor vehicles
or any space where the floor-to-ceiling height is less than six feet.
Any building, structure, area or property that is significant
in the history, architecture, archaeology or culture of this state,
its communities or the nation and has been so designated pursuant
to this chapter or by agencies of the state or federal government.
An occupation for gain or support conducted only by members
of a family residing in the dwelling, plus not more than one person
not a resident of the dwelling, provided that the character of the
dwelling is not changed, the occupation is conducted entirely within
the dwelling or accessory building, not more than 40% of the gross
floor area of any one floor or not more than 20% of the gross floor
area of the dwelling, if there is more than one floor, is being used
for the occupational or related use, no sounds are audible outside
the building and no machinery or equipment is used which will cause
electrical or other interference with radio and television reception
in adjacent residences, obnoxious odors or other nuisances.
The office where a professional occupation is carried on,
provided that the character of the dwelling is not changed and not
more than 40% of any floor area of the dwelling and/or not more than
20% of the total gross floor area, if there is more than one floor,
is used for said office in said dwelling, and no machinery or equipment
is used which will cause obnoxious odors or electrical or other interference
with radio or television reception in adjacent residences.
An institution where the ill or injured may receive medical,
surgical or psychiatric treatment, and including nursing, food and
lodging during illness.
A geographic area, determined by the New Jersey Council on
Affordable Housing, of no fewer than two nor more than four contiguous
whole counties which exhibit significant social, economic and income
similarities and which constitute, to the greatest extent practicable,
the Primary Metropolitan Statistical Areas (PMSA) as last defined
by the United States Census Bureau prior to July 2, 1985. The applicable
"housing region" for Independence Township is the West Central Region,
consisting of Hunterdon, Middlesex, Somerset and Warren Counties.
[Added 10-5-1987 by Ord. No. 87-18]
A residential housing development in which a substantial
percentage of the housing units is provided for a reasonable range
of low- and moderate-income households.
[Added 10-5-1987 by Ord. No. 87-18]
In a criminal or quasi-criminal proceeding,
any citizen of the State of New Jersey.
In the case of a civil proceeding in any court
or in an administrative proceeding before a municipal agency, any
person, whether residing within or without the municipality, whose
right to use, acquire or enjoy property is or may be affected by any
action taken under this chapter, or under any other law of this state
or of the United States have been denied, violated or infringed by
an action or failure to act under this chapter.
A private road within the garden apartment development connecting,
either directly or indirectly, through another interior development
roadway, with a public street or highway.
A facility licensed by the New Jersey Department of Health
which provides, on a regular basis, health-related care and services
to individuals who do not require the degree of care and treatment
which a hospital or skilled nursing facility is designated to provide,
but who, because of their mental or physical condition, require care
and services (above the level of room and board) which can be made
available to them only through institutional facilities such as these
or as defined by the New Jersey Department of Health.
[Added 11-10-1998 by Ord. No. 98-4]
To scatter or mix lower-income housing units among market
units within a structure or building containing said units.
[Added 10-5-1987 by Ord. No. 87-18]
The use of more than 200 square feet of area of any lot for
the storage, keeping or abandonment of junk, including scrap metals
or other scrap materials, or for the dismantling, demolition or abandonment
of automobiles not in operating condition or other vehicles or machinery
or parts thereof or the storage of three or more unregistered vehicles.
Any ground, soil or earth, including marshes, swamps, drainageways
and areas not permanently covered by water within the municipality,
improvements and fixtures on, above or below the surface.
An activity involving the clearing, grading, transporting,
filling and any other activity which causes land to be exposed to
the danger of erosion.
The Municipal Land Use Board established pursuant to § 255-25.
[Amended 2-13-2007 by Ord. No. 2007-07]
An off-street space or berth to the side or rear of a building
or group of buildings, for the temporary parking of a commercial vehicle
while loading or unloading.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The acreage and/or square footage of a lot contained within
the lot lines of the property, not counting any area within the right-of-way
of a street.
That area of the lot covered by buildings, paving and all
other impervious surfaces.
[Amended 12-28-1989 by Ord. No. 89-28]
The distance measured from the front lot line to the rear
lot line.
A lot other than a corner lot.
The legal boundaries of a lot.
The horizontal distance between the side lot lines measured
along the street line.
Housing affordable to Federal Department of Housing and Urban
Development or other recognized standards for home ownership and rental
costs, and occupied or reserved for occupancy by households with a
gross household income equal to 50% or less of the median gross household
income for households of the same size within the housing region in
which the housing is located; and which is subject to affordability
controls.
[Added 10-5-1987 by Ord. No. 87-18]
Any security, other than cash, which may be accepted by a
municipality for the maintenance of any improvements required by this
chapter.
Any subdivision not classified as a "minor subdivision."
A composite of one or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to Article III of this chapter.
Any activity wherein any metallic mineral, ore or metal is
excavated for removal from the premises. Specifically excluded from
this definition are soil-processing operations.
[Added 5-8-2007 by Ord. No. 2007-14]
A subdivision of land that does not involve the creation
of more than two lots plus a remainder, a planned development, any
new street or extension of any off-tract improvement, the cost of
which is to be prorated pursuant to N.J.S.A. 40:55D-42. A minor subdivision
shall not involve property which has been granted a subdivision for
two or more new lots within the previous thirty-six-month period.
[Amended 9-14-1999 by Ord. No. 99-5]
Any vehicle or similar portable structure mounted or designed
for mounting on wheels, used or intended for use for dwelling purposes,
including structural additions, except parked and unoccupied camping-type
trailers. Any such vehicle or structure shall be deemed to be a "mobile
home" whether or not the wheels have been removed therefrom and whether
or not resting upon a temporary or permanent foundation.
A tract of land in single ownership which has been developed
with all necessary facilities and services in accordance with a site
development plan meeting all the requirements of this chapter and
which is intended for the express purpose of providing a satisfying
living environment for mobile home residents on a long-term occupancy
basis.
Housing affordable to Federal Department of Housing and Urban
Development or other recognized standards for home ownership or rental
costs, and occupied or reserved for occupancy by households with a
gross household income equal to or more than 50% but less than 80%
of the median gross household income for households of the same size
within the housing region m which the housing is located; and which
is subject to affordability controls.
[Added 10-5-1987 by Ord. No. 87-18]
The application of plant residue or other suitable materials
to the land surface to conserve moisture, hold soil in place and aid
in establishing plant cover.
A dwelling containing more than two dwelling units.
[Added 10-5-1987 by Ord. No. 87-18]
Any city, borough, town, Township or village.
A Municipal Planning Board or Board of Adjustment or a governing
body of a municipality when acting pursuant to this chapter and any
agency which is created by or responsible to one or more municipalities
when such agency is acting pursuant to this chapter.
The New Jersey Council on Affordable Housing established
under the Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301
et seq.) which has primary jurisdiction for the administration of
housing obligations in accordance with sound regional planning considerations
in this state.
[Added 10-5-1987 by Ord. No. 87-18]
See "nonconforming structure."
A lot the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a Zoning Ordinance,
but fails to conform to the requirements of the zoning district in
which it is located by reason of such adoption, revision or amendment.
A structure the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of a Zoning Ordinance,
but fails to conform to the requirements of the zoning district in
which it is located by reasons of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of a Zoning Ordinance, but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption, revision or amendment.
An offensive, annoying, unpleasant or obnoxious thing or
practice; a cause or source of annoyance, especially a continuing
or repeating invasion or disturbance of another's rights, including
the actual or potential emanation of any physical characteristics
or activity or use across a property line which can be perceived by
or affects a human being, or the generation of an excessive or concentrated
movement of people or things, such as, but not limited to, noise,
dust, smoke, odor, glare, vibration, heat, electronic or atomic radiation,
objectionable effluent and traffic.
A small private hospital, especially one for convalescents.
An extended or intermediate care facility licensed by the
New Jersey Department of Health to provide full-time convalescent
or chronic care to individuals who, by reason of advanced age, chronic
illness or infirmity, are unable to care for themselves or as defined
by the New Jersey Department of Health.
[Added 11-10-1998 by Ord. No. 98-4]
A room or group of rooms used for conducting the affairs
of a business, profession, service, industry or government.
The map, with changes and additions thereto, adopted and
established, from time to time, by resolution of the Board of Chosen
Freeholders of the county pursuant to N.J.S.A. 40:27-5.
A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32
et seq.
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) which is the subject
of a development application or contiguous portion of a street or
right-of-way.
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
An apartment unit containing complete kitchen, toilet, bathing
and washing facilities, living room and one separately partitioned
and completely enclosed bedroom.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Any parcel or area of land or water set aside, dedicated,
designated or reserved for public or private use or enjoyment or for
the use and enjoyment of owners and occupants of land adjoining or
neighboring such "open space," provided that such areas may be improved
with only those buildings, structures, streets and off-street parking
and other improvements that are designed to be incidental to the natural
openness of the land.
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any legal entity having sufficient proprietary
interests in the land sought to be subdivided to commence proceedings
under this chapter to effect a development of land hereunder for himself
or for another.
An open area, other than street, for the same uses as a private
garage.
A paved open area other than a street or other public way,
used for the parking of automobiles and available to the public whether
for a fee, free or as an accommodation for clients or customers.
An area within a structure or garage or in the open, exclusive
of driveways or access drives for the parking of a motor vehicle.
[Amended 5-11-2004 by Ord. No. 04-3]
For purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under § 255-9.
Any security, which may be accepted by a municipality, including
cash, provided that a municipality shall not require more than 10%
of the total performance guaranty in cash.
Any use of the land as permitted according to this chapter.
An area of a minimum contiguous size, as specified by ordinance,
to be planned and developed as a single entity and containing one
or more residential clusters; appropriate commercial, public or quasi-public
uses may be included if such uses are primarily for the benefit of
the residential development.[2]
A map or maps of a subdivision or site plan.
The final map of all or a portion of a subdivision or site
plan which is presented to the Land Use Board for final approval in
accordance with these regulations, and which, if approved, shall be
filed with the proper county recording officer.
[Amended 2-13-2007 by Ord. No. 2007-07]
The preliminary map indicating the proposed layout of the
subdivision or site plan for Land Use Board consideration and tentative
approval and meeting the requirements of this chapter.
[Amended 2-13-2007 by Ord. No. 2007-07]
The conferral of certain rights pursuant to Article VII of this chapter prior to final approval after specific elements of a development plan have been agreed upon by the Land Use Board and the applicant.
[Amended 2-13-2007 by Ord. No. 2007-07]
Architectural drawings prepared during early and introductory
stages of the design of a project illustrating, in a schematic form,
its scope, scale and relationship to its site and immediate environs.
A private driveway with a maximum of forty-foot frontage
on an existing approved street. See Note 4 to Schedule of Limitations.[3]
The offices of a dentist, doctor, attorney, engineer, accountant,
architect, planner, minister/religious practitioner, insurance or
real estate agent and surveyor or similar licensed occupations.
A Master Plan, capital improvement program or other proposal
for land development adopted by the appropriate public body, or any
amendment thereto.
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water to
safeguard the public against flood damage, sedimentation and erosion.
An open space area conveyed or otherwise dedicated to a municipality,
municipal agency, Board of Education, state or county agency or other
public body for recreational or conservational uses.
The aspects of a business where stone, shale, slate, gravel
or other natural material, including sand, is excavated, crushed,
washed, graded and removed from the premises.
[Added 5-8-2007 by Ord. No. 2007-14]
The majority of the full authorized membership of a municipal
agency.
Open space devoted to outdoor recreational activities.
A line that is established as a minimum distance away from
the street line and beyond which a building is not permitted to extend
toward the street line under the provisions of this chapter.
An area to be developed as a single entity according to a
plan containing residential housing units which have a common or public
open space area as an appurtenance.
The number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.
Any establishment, however designated, at which food is sold
for consumption on the premises other than in cars. However, a snack
bar or refreshment stand at a public or community swimming pool, playground,
playfield or park, operated solely by the agency or group operating
the recreational facility, and for the sole convenience of patrons
of the facility, shall not be deemed to be a "restaurant."
A restaurant at which any food or refreshments are customarily
served to or consumed by any patrons while seated in automobiles or
off the premises, regardless of whether or not, in addition thereto,
seats or other accommodations are provided for patrons.
A place where the ill, injured, elderly or recuperating patient
may convalesce.
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law; or the alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or other instruments.
The land and space required on the surface, the subsurface
and overhead for the construction, installation and maintenance of
materials necessary to provide passageway for vehicular traffic, pedestrians,
utility lines, poles, conduits and mains, signs, hydrants, trees and
shrubbery and the proper amount of light and air established by local
authorities.
A Committee of at least three Land Use Board members appointed
by the Chairman of the Board for the purpose of scheduling the hearing
of cases to come before the Board. An agenda shall be prepared for
each meeting by this Committee, and only cases on this agenda shall
be heard by the Board.
[Amended 2-13-2007 by Ord. No. 2007-07]
A method of separating, shielding or blocking noise, lights,
view or other nuisances or potential nuisances of one abutting use,
activity or structure from another by fencing, walls, berms or densely
planted vegetation.
[Added 4-14-1992 by Ord. No. 92-3]
A schedule of income limits that define 50% and 80% of median
income by household size. When used herein, "Section 8 income limits"
shall refer to the uncapped schedule published by HUD (Federal Department
of Housing and Urban Development).
[Added 10-5-1987 by Ord. No. 87-18]
Solid material, both mineral and organic, that is in suspension,
is being transported or has been moved from its site of origin by
air, water or gravity as a product of erosion.
The depositing of solid material, both mineral and organic,
transported from its site of origin by water, ice, wind, gravity or
other natural means as a product of erosion.
A barrier or dam built at a suitable location to retain rock,
sand, gravel, silt or other material.
A household wherein the head of the household is 50 years
old or older and there are no children 18 years old or younger.
A housing unit designed and occupied wherein the head of
the household is 55 years old or older and there are no permanent
resident occupants 18 years old or younger.
[Added 2-11-2003 by Ord. No. 03-2]
Housing which is subsidized by a state or federal agency
wherein the housing qualifies as low- and moderate-income housing
as defined by the New Jersey Council on Affordable Housing.
[Added 2-11-2003 by Ord. No. 03-2]
A place providing maintenance, service, parts and supplies
for motor vehicles, but not including body repair work or the storage
of inoperable vehicles.
A line drawn parallel to a street line and drawn through
the point of a building nearest to the street line. See "required
setback."
A system for the collection, treatment and disposal of sewage
by an incorporated municipal utilities authority.
[Added 2-11-2003 by Ord. No. 03-2]
Includes every sign, billboard, ground sign, roof sign, sign
painted or printed on the exterior surface of a building or structure,
illuminated sign and temporary sign, and shall include any announcement,
declaration, demonstration, display, illustration or insignia used
to advertise or promote the interests of any person or product when
the same is placed in view of the general public.
A development plan of one or more lots on which is shown
the existing and proposed conditions of the lot, including but not
necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways; the location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting,
screening devices; and any other information that may be reasonably
required in order to make an informed determination pursuant to this
chapter.
All unconsolidated mineral and organic material of any origin.
A governmental subdivision of this state, which encompasses
this municipality, organized in accordance with the provisions of
Chapter 24, Title 4, of the New Jersey Statutes.
A building located on a farm or orchard property on which
the substantial portion of the products for sale are grown.
See "stand, farm."
Standards adopted by ordinance regulating noise levels, glare,
earthborne or sonic vibrations, heat, electronic or atomic radiation,
noxious odors, toxic matters, explosive and inflammable matters, smoke
and airborne particles, waste discharge, screening of unsightly objects
or conditions and such other similar matters as may be reasonably
required by the municipality or required by applicable federal or
state laws or municipal ordinances.
That portion of a building included between the surface of
any floor and surface of the floor next above it, or if there is no
floor above it, then the space between the floor and the ceiling next
above it, including those basements used for the principal use. A
basement shall be considered a "story" when the distance from grade
to the finished surface of the floor above the basement is more than
six feet for more than 50% of the total perimeter, or is more than
12 feet at any point.
[Amended 6-13-2017 by Ord. No. 2017-08]
A space under a sloping roof that has the line of intersection
of the roof and wall face not more than three feet above the floor
level and in which space the possible floor area with headroom of
five feet or less occupies at least 40% of the total floor area of
the story directly beneath. Half stories shall not be used for residential
occupancy except in the case of the detached single-family dwelling.
[Added 6-13-2017 by Ord.
No. 2017-08]
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway
or which is shown upon a plat heretofore approved pursuant to law
or which is approved by official action as provided by this chapter
or which is shown on a plat duly filed and recorded in the office
of the county recording officer prior to the appointment of a Planning
Board and the grant to such Board of the power to review plats; and
includes the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street lines.
Streets used primarily for traveling between major concentrations
of population and designed to handle greater volumes of traffic than
collector or minor streets.
Those which carry traffic from minor streets to the major
system of arterial streets.
A permanent local dead-end street terminating in a circular
turnaround area.
The dividing line between the street right-of-way and a lot.
Where title to land extends to the center of a street, the side line
of such street right-of-way shall be deemed to be the "street line."
Streets which are parallel to and adjacent to arterial streets
and highways and which provide access to abutting properties and protection
from through traffic.
Streets which are used primarily for access to the abutting
properties.
Any activity which significantly disturbs vegetated or otherwise
stabilized soil surface, including clearing and grubbing operations.
Anything constructed or erected which requires permanent
location on the ground or attachment to something having such permanent
location including fences, tanks, towers, advertising devices or similar
structures.
The division of a lot, tract or parcel of land
into two or more lots, tracts, parcels or other divisions of land
for sale or development. The following shall not be considered "subdivisions"
within the meaning of this chapter if no new streets created:
Divisions of land found by the Land Use Board
or Subdivision Committee thereof appointed by the Chairman to be for
agricultural purposes where all resulting parcels are five acres or
larger in size;
[Amended 2-13-2007 by Ord. No. 2007-07]
Divisions of property by testamentary or intestate
provisions;
Divisions of property upon court order; and
Conveyances so as to combine existing lots by
deed or other instruments.
The term "subdivision" shall also include the
term "resubdivision."
A Committee of at least three Land Use Board members appointed
by the Chairman for the purpose of determining whether an application
for development conforms to the definition of "minor subdivision"
in this chapter.
[Amended 2-13-2007 by Ord. No. 2007-07]
Any subdivision not classified as a "minor subdivision."
A vehicle used or designed for the transportation of boats.
A vehicle standing on wheels or rigid supports which is designated
or used for living or sleeping purposes.
The area necessary in a parking lot, such as aisles and driveways,
for maneuvering vehicles into and out of parking stalls and, in other
areas, for allowing vehicles to turnaround.
A dwelling unit in an apartment containing not more than
two rooms devoted to sleeping purposes.
Open space designed and developed to be utilized for the
purpose of recreation, whether it be parkland, ball fields or playgrounds.
The specific purpose for which a parcel of land or a building
or a portion of a building is designed, arranged, intended, occupied
or maintained.
A use which is customarily associated with and subordinate
to the principal use of a lot or building and which is located on
the same lot therewith.
Permission to depart from the literal requirements of the
Zoning Article of this chapter.
A system for supplying potable water by an incorporated municipal
utilities authority.
[Added 2-11-2003 by Ord. No. 03-2]
An open space exclusive of flora and foliage that lies between
the principal or accessory building or buildings and the nearest lot
line. Such "yard" is unoccupied and unobstructed from the ground upward
except as may be specifically provided in the Zoning Ordinance.
An open space, extending across the full width of the lot
and lying between the street right-of-way line and the setback line.
The depth of the "front yard" shall be measured at right angles to
the street line of the lot.
An open space extending the full width of the lot between
the main building and the rear lot line. The depth of the "rear yard"
shall be measured from the nearest part of the main building toward
the nearest point of the rear lot line and at right angles to the
rear lot line.
An open space extending from the front yard to the rear yard
between the main building and the side lot line. The width of the
required "side yard" shall be measured at right angles from the nearest
point on the side lot line toward the nearest part of the main building.
The location of a building on a lot in such a manner that
one or more of the building's sides rest directly on a lot line.
The written response issued by the Township Zoning Officer
upon request of an applicant to confirm whether the proposed use of
specific premises or of any structure located thereon constitutes
either a use permitted by ordinance, a use permitted by variance approval
subject to any special conditions attached to the grant thereof, a
valid nonconforming use or a valid nonconforming structure on the
premises.
[Added 2-13-2007 by Ord. No. 2007-01]
[1]
Editor's Note: The definition of “Board
of Adjustment,” which immediately followed this definition,
was repealed 2-13-2007 by Ord. No. 2007-07. See now the definition
of “Land Use Board.”
[2]
Editor's Note: The definition of “Planning
Board,” which immediately followed this definition, was repealed
2-13-2007 by Ord. No. 2007-07. See now the definition of “Land
Use Board.”
[3]
Editor's Note: The Schedule of Limitations is included at the end of this chapter.
[Added 5-8-2007 by Ord. No. 2007-14]
A.
Quarrying and mining. The activities of quarrying
and mining or any combinations of same are hereby prohibited in all
zone districts of Independence Township with the exception of the
AR (Agricultural Residential) and I (Industrial) Zone Districts, wherein
said activities shall constitute principal permitted uses.
B.
The following
uses are also expressly prohibited in all zone districts:
[Added 7-13-2021 by Ord. No. 2021-04]
(1)
The
operation of any and all classes of cannabis establishments or cannabis
distributors or cannabis delivery services as said terms are defined
in this chapter and in Section 3 of P.L. 2021, c. 16,[1] but not the delivery of cannabis items and related supplies
within the Township by a cannabis delivery service located outside
the Township.
[1]
Editor's Note: See N.J.S.A. 24:6I-33.
[Amended 2-13-2007 by Ord. No. 2007-01; 2-13-2007 by Ord. No. 2007-07]
The Township Committee and Land Use Board shall adopt and may amend reasonable rules and regulations, not inconsistent with the Municipal Land Use Law of 1975, P.L. 1975, c. 291, 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, as established by Chapter 72, Public Access to Records, for such copy. Copies of all such rules and regulations and amendments thereto shall be maintained in the office of the Township Clerk.
Every Township agency shall, by its rules, fix
the time and place for holding its regular meetings for business authorized
to be conducted by such agency. Regular meetings of the Township agency
shall be scheduled not less than once a month and shall be held as
scheduled unless canceled for lack of applications for development
to process. The Township agency may provide for special meetings,
at the call of the Chairman or on request of any two of its members,
which shall be held on notice to its members and the public in accordance
with the provisions of the Open Public Meetings Act, P.L. 1975, c.
231, and agency regulations. No action shall be taken at any meetings
without a quorum being present. All actions shall be taken by a majority
vote of a quorum. Nothing herein shall be construed to contravene
any statute providing for procedures for governing bodies.
B.
An executive session for the purposes of discussing
and studying any matters to come before the agency shall not be deemed
a regular or special meeting within the meaning of this chapter.
C.
Minutes of every regular or special meeting shall be kept and shall include the names of all persons appearing and addressing the Township agency and of the persons appearing by attorney, the action taken by the Township agency, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Township Clerk. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes. Such interested party may be charged a fee as established by § 255-17 for reproduction of the minutes for his use.
A.
The Township agency shall hold a hearing on each application
for development or adoption, revision or amendment of the Master Plan.
B.
The Township agency 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 10 days before the date of the hearing during normal business
hours in the office of the Township Clerk. The applicant may produce
other documents, records or testimony at the hearing to substantiate
or clarify or supplement the previously filed maps and documents.
C.
The officer presiding at the hearing or such person
as he may designate shall have power to administer oaths and issue
subpoenas 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, P.L. 1953, c. 38, shall apply.
D.
The testimony of all witnesses relating to an 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.
E.
Technical rules of evidence shall not be applicable
to the hearing, but the Chairman of the agency may exclude irrelevant,
immaterial or unduly repetitious evidence.
F.
The Township agency shall provide for the verbatim
recording of the proceedings by either stenographic, mechanical or
electronic means. The Township agency shall furnish a transcript,
or duplicate recordings in lieu thereof, on request to any interested
party at his expense.
G.
Each decision on any application for development shall
be in writing and shall include findings of fact and conclusions based
thereon.
H.
A copy of the decision shall be mailed by the Secretary
of the Township agency within 10 days of the date of decision to the
applicant, or if represented then to his attorney, without separate
charge. An interested party may obtain a copy of the decision by requesting
an official copy of same pursuant to the Open Public Records Act and
paying the fee prescribed therefore. A copy of the decision shall
also be filed by the Township agency in the office of the Township
Clerk. The Township Clerk shall make a copy of such filed decision
available for public inspection at his or her office during Township
business hours.
[Amended 2-13-2007 by Ord. No. 2007-01]
I.
A brief notice of the decision shall be published
in the official newspaper of the Township or, if there is one, a newspaper
of general circulation in the Township. Such publication shall be
arranged by the Secretary or Clerk of the municipal agency, provided
that the applicant may, in any case, provide for publication of the
decision. The period of time in which an appeal of the decision may
be made shall run from the first publication of the decision.
[Amended 2-13-2007 by Ord. No. 2007-01]
Notices pursuant to §§ 255-9 and 255-10 shall state the date, time and place of the hearing, the nature of the matters to be considered and, in the case of notices pursuant to § 255-9, an identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Township Tax Assessor's office and the location and times at which any maps and documents for which approval is sought are available pursuant to § 255-7B.
[Amended 10-9-1979; 10-24-1985 by Ord. No. 85-10; 2-13-2007 by Ord. No.
2007-01]
Notice pursuant to Subsections A, B, D, E, F,
G and H of this section shall be given by the applicant and shall
be given at least 10 days prior to the date of the hearing.
A.
Public notice of a hearing shall be given for an extension
of approvals for five or more years under N.J.S.A. 40:55D-49 and N.J.S.A.
40:55D-52; for modification or elimination of a significant condition
or conditions in a memorializing resolution in any situation wherein
the application for development for which the memorializing resolution
is proposed for adoption required public notice, and for any other
applications for development, with the following exceptions: (1) conventional
site plan review pursuant to N.J.S.A. 40:55D-46, (2) minor subdivisions
pursuant to N.J.S.A. 40:55D-47 or (3) final approval pursuant to N.J.S.A.
40:55D-50; notwithstanding the foregoing, the governing body may by
ordinance require public notice for such categories of site plan review
as may be specified by ordinance, for appeals of determinations of
administrative officers pursuant to N.J.S.A. 40:55D-70, and for requests
for interpretation pursuant to N.J.S.A. 40:55D-70. Public notice shall
also be given in the event that relief is requested pursuant to N.J.S.A.
40:55D-60 or N.J.S.A. 40:55D-76 as part of an application for development
otherwise excepted herein from public notice. In addition, public
notice shall be given by a public entity seeking to erect an outdoor
advertising sign on land owned or controlled by a public entity as
required pursuant to N.J.S.A. 40:55D-31 or, if so provided by ordinance
adopted pursuant to N.J.S.A. 40:55D-39, by a private entity seeking
to erect an outdoor advertising sign on public land or on land owned
by a private entity. Public notice shall be given by publication in
the official newspaper of the Township, if there be one, or in a newspaper
of general circulation in the Township.
B.
Except as provided in Subsection H(2) of this section, 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 duplicates, located in the state and within 200 feet in all directions of the property which is the subject of such hearing; provided that this requirement shall be deemed satisfied by notice to the (1) condominium association, in the case of any unit owner whose unit has a unit above or below it, or (2) horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by serving a copy thereof on the property owner as shown on the said current tax duplicate, or his agent in charge of the property, or mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate. 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, a 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.
C.
Upon the written request of an applicant, the administrative officer of a municipality shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection B of this section. In addition, the administrative officer shall include on the list the names, addresses and positions of those persons who, not less than seven days prior to the date on which the applicant requested the list, have registered to receive notice pursuant to Subsection H 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, to any public utility, cable television company, or local utility or to any military facility commander not on the list shall not invalidate any hearing or proceeding. A fee as set forth in § 255-17 shall be charged for such list.
D.
Notice of hearings on applications for development
involving property located within 200 feet of an adjoining municipality
shall be given by personal service or certified mail to the Clerk
of such municipality.
E.
Notice shall be given by personal service or certified
mail to the County Planning 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 on the county master plan,
adjoining other county land or situated within 200 feet of a municipal
boundary.
F.
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.
G.
Notice shall be given by personal service or certified
mail to the State Planning Commission of a hearing on an application
for development of property which exceeds 150 acres or 500 dwelling
units. The notice shall include a copy of any maps or documents required
to be on file with the Township Clerk pursuant to N.J.S.A. 40:55D-10.
H.
Notice of hearings on applications for approval of a major subdivision or a site plan not defined as a minor site plan under this act requiring public notice pursuant to Subsection A of this section shall be given:
(1)
In the case of a public utility, cable television
company or local utility which possesses a right-of-way or easement
within the municipality and which has registered with the municipality
in accordance with N.J.S.A. 40:55D-12.1, by:
(a)
Serving a copy of the notice on the person whose
name appears on the registration form on behalf of the public utility,
cable television company or local utility; or
(b)
Mailing a copy thereof by certified mail to
the person whose name appears on the registration form at the address
shown on that form.
(2)
In the case of a military facility which has registered
with the municipality and which is situated within 3,000 feet in all
directions of the property which is the subject of the hearing, by:
I.
The applicant shall file an affidavit of proof of
service with the municipal agency holding the hearing on the application
for development in the event that the applicant is required to give
notice pursuant to this section.
[Amended 2-13-2007 by Ord. No. 2007-07]
The Land Use Board shall give:
A.
Public notice of a hearing on adoption, revision or
amendment of the Master Plan; such notice shall be given by publication
in the official newspaper of the Township or, if there is one, in
a newspaper of general circulation in the Township at least 10 days
prior to the date of the hearing.
B.
Notice by personal service or certified mail to the
Clerk of an adjoining municipality of all hearings on adoption, revision
or amendment of a Master Plan involving property situated within 200
feet of such adjoining municipality at least 10 days prior to the
date of any hearing.
C.
Notice by personal service or certified mail to the
County Planning Board of:
(1)
All hearings on adoption, revision or amendment of
the Township Master Plan at least 10 days prior to the date of the
hearing. Such notice shall include a copy of any proposed Master Plan
or any revision or amendment thereto.
(2)
The adoption, revision or amendment of the Master
Plan not more than 30 days after the date of such adoption, revision
or amendment. Such notice shall include a copy of the Master Plan
or revision or amendment thereto.
A.
Notice by personal service or certified mail shall
be made to the Clerk of an adjoining municipality of all hearings
on the 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.
B.
Notice by personal service or certified mail shall
be made to the County Planning Board of all hearings on the adoption,
revision or amendment of any development regulation at least 10 days
prior to the date of the hearings and the adoption, revision or amendment
of the Township capital improvement program or Township Official Map
not more than 30 days after the date of such adoption, revision or
amendment. Any notice provided hereunder shall include a copy of the
proposed development regulation, the Township Official Map or the
Township capital improvement program, or any proposed revision or
amendment thereto, as the case may be.
C.
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.
The Township Clerk shall file with the County
Planning Board, as soon after passage as possible, all development
regulations, including this chapter, and any amendment or revisions
thereto and file and maintain for public inspection said regulations
in the office of the Clerk.
A.
Any interested party may appeal to the Township Committee
a final decision of the Board of Adjustment approving an application
for development pursuant to § 255-74A(4)[1] or any final decision of the Land Use Board pursuant to N.J.S.A. 40:55D-17 of the Municipal Land Use Law. Such appeal shall be made within 10 days of the date of publication of such final decision pursuant to § 255-7H. The appeal to the Township Committee shall be made by serving the Township Clerk, in person or by certified mail, with a notice of appeal, specifying the grounds therefor and the name and address of the appellant and name and address of his attorney, if represented. Such appeal shall be decided by the Township Committee only upon the record established before the Land Use Board.
[Amended 2-13-2007 by Ord. No. 2007-07]
B.
Notice of the meeting to review the record below shall be given by the Township Committee by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to § 255-7H and to the Board from which the appeal is taken at least 10 days prior to the date of the meeting. The parties may submit oral and written argument on the record at such meeting, and the Township Committee shall provide for verbatim recording and transcripts of such meetings pursuant to § 255-7F.
C.
The appellant shall (1) within five days of service of the notice of the appeal pursuant to Subsection A hereof, arrange for a transcript pursuant to N.J.S.A. 40:55D-10 for use by the Township Committee and pay a deposit of $50 or the estimated cost of such transcript, whichever is less; or (2) within 35 days of service of the notice of appeal, submit a transcript as otherwise arranged to the Township Clerk; otherwise, the appeal may be dismissed for failure to prosecute. The Township Committee shall conclude a review of the record below not later than 95 days from the date of publication of notice of the decision unless the appellant consents in writing to an extension of such period. The appellant shall arrange for a transcript pursuant to § 255-7 or otherwise, for use by the Township Committee, and shall submit proof, upon the filing of his notice of appeal or within 10 days thereof, that he has ordered said transcript. Failure of the Township Committee to hold a hearing and conclude a review of the record below and to render a decision within such specified period, without such written consent, shall constitute a decision affirming the action of the Board.
[Amended 2-13-2007 by Ord. No. 2007-01]
D.
The Township Committee may reverse, remand, or affirm
with or without the imposition of conditions the final decision of
the Land Use Board approving a variance pursuant to N.J.S.A. 40:55D-70.
The review shall be made on the record made before the Land Use Board.
[Amended 2-13-2007 by Ord. No. 2007-01; 2-13-2007 by Ord. No. 2007-07]
E.
The affirmative vote of a majority of the full authorized
membership of the Township Committee shall be necessary to reverse
or remand to the Land Use Board or to impose conditions on or alter
conditions to any final action of the Land Use Board. Otherwise the
final action of the Land Use Board shall be deemed to be affirmed;
a tie vote of the Township Committee shall constitute affirmance of
the decision of the Land Use Board.
[Amended 2-13-2007 by Ord. No. 2007-01; 2-13-2007 by Ord. No. 2007-07]
F.
An appeal to the Township Committee shall stay all
proceedings in furtherance of the action in respect to which the decision
appealed from was made, unless the Board from whose action the appeal
is taken certifies to the Township Committee, after the notice of
appeal shall have been filed with such Board, that, by reason of facts
stated in the certificate, a stay would, in its opinion, cause imminent
peril to life or property. In such case, proceedings shall not be
stayed other than by an order of the Superior Court upon application,
upon notice to the Board from whom the appeal is taken and upon good
cause shown.
G.
The Township Committee shall mail a copy of the decision
to the appellant, or, if represented, then to his attorney, and to
the applicant, without separate charge, and for a fee as established
pursuant to the Open Public Records Act to any interested party who
has requested it, not later than 10 days after the date of the decision.
A brief notice of the decision shall be published in the official
newspaper of the Township or, if there is one, a newspaper of general
circulation in the Township. Such publication shall be arranged by
the Township Clerk, provided that the applicant may arrange such publication
if he so desires. The period of time in which an appeal to a court
of competent jurisdiction may be made shall run from the first publication,
whether arranged by the Township or the applicant.
[Amended 2-13-2007 by Ord. No. 2007-01]
H.
Nothing herein shall be construed to restrict the
right of any party to obtain a review by any court of competent jurisdiction
according to law.
A.
The Township Committee and Zoning Enforcement Officers appointed pursuant to § 255-20 shall enforce this chapter. In case any building or structure is erected, constructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter, the Township Committee and its agents or an interested party, in addition to other remedies, may institute any appropriate action or proceedings 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 said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
B.
Except where otherwise provided, for any person, firm
or corporation who violates, disobeys, omits, neglects or refuses
to comply with or who resists the enforcement of the provisions of
this chapter or any other decisions or determination by the municipal
agency, upon conviction, the penalty shall be a minimum fine of $100
and a maximum penalty of one or more of the following: a fine not
exceeding $2,000, imprisonment not exceeding 90 days or a period of
community service not exceeding 90 days. Except as otherwise provided,
each and every day in which a violation of any provision of this chapter
exists shall constitute a separate violation.
[Amended 2-13-2007 by Ord. No. 2007-01]
A.
In the event that a developer submits an application
for development proposing a development that is barred or prevented,
directly or indirectly, by a legal action instituted by any state
agency, political subdivision or any 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 approving authority shall
process such application for development in accordance with this chapter
and, if such application for development complies with the requirements
of this chapter, the approving authority shall approve such application
conditioned on removal of such legal barrier to development.
B.
In the event that development proposed by an application
for development requires an approval by a governmental agency other
than the approving authority, the approving authority shall, in appropriate
instances, condition its approval upon the subsequent approval of
such governmental agency, provided that the approving authority 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 approving authority
is prevented or relieved from so acting by the operation of law.
[Amended 7-14-1980; 11-10-1980; 6-8-1981; 12-29-1986 by Ord. No. 86-18; 10-11-1988 by Ord. No. 88-27; 10-13-1989 by Ord. No. 89-20]
A.
Fees. Fees shall be as follows:
(4)
Application for conditional use: $75.
(5)
Appeal pursuant to § 255-74A(1), error in
order, requirement, decision or refusal made by the Zoning Enforcement
Officer, to be refunded if appeal is successful: $75.[1]
(6)
Appeal pursuant to § 255-74A(2), requests
for interpretation of the Zoning Map or Zoning Article of this chapter
or for decisions upon other special questions upon which such Board
is authorized to pass by the Zoning Article, including a request for
zone change: $150.[2]
(8)
Appeal pursuant to § 255-74A(4), use variance:
$200.[4]
[4]
Editor's Note: The Board of Adjustment, the powers of which were formerly contained in § 255-74, was repealed 2-13-2007 by Ord. No. 2007-07. Its powers and duties are now exercised by the Land Use Board. See Art. II of this chapter. Former Subsection A(9), regarding appeal to governing body from decision of municipal agency, which immediately followed this subsection, was deleted 2-13-2007 by Ord. No. 2007-01.
(9)
Copies of documents: $2 for first page; $1 for each
additional page. A page is an individual sheet of an area of 8 1/2
inches by 14 inches or smaller; larger will be $4 for the first page
and $2 for each additional page.
(10)
To the Township Clerk for a certificate of compliance:
$10.
(11)
To the Township Tax Assessor for preparing a
list of property owners within 200 feet of a particular lot: $0.25
per name or $10, whichever is greater.
[Amended 2-13-2007 by Ord. No. 2007-01]
(12)
To the Zoning Enforcement Officer for issuance
of a sign permit: $15.
(13)
To the Tax Collector for certification of all
taxes paid to date: $10.
(14)
Sketch-conceptual plat fee: $100. Review time
shall be limited to 15 minutes.
(15)
Application for extension of preliminary subdivision
or site plan: $250.
[Added 10-8-1991 by Ord. No. 91-5]
(16)
Application for extension of final subdivision
or site plan: $200.
[Added 10-8-1991 by Ord. No. 91-5]
(17)
Tax Map revisions.
[Added 2-8-2000 by Ord. No. 00-1; amended 2-13-2007 by Ord. No.
2007-07]
(a)
The following fees shall be paid by the applicant
at the time of passage of a resolution of subdivision approval by
the Land Use Board of the Township of Independence for the cost of
making updates and modifications to the Tax Maps of the Township of
Independence relating to said applications:
(b)
Payment of the fees required herein shall be
an expressed condition of any subdivision approval granted by the
Independence Township Land Use Board.
B.
When an application for development contains a request
for more than one form of relief, the applicant shall not be required
to submit more than one application fee but shall only be charged
for the highest application fee among the various applications as
may be sought.
C.
Deposits.
(1)
In addition to the filing fee, the developer shall
submit with all applications for development a deposit to cover the
cost of review services provided by the Township Attorney, municipal
agency attorney, Township Assessor, Township Engineer, Land Use Board
Engineer and others utilized by the Township in reviewing the application.
[Amended 2-13-2007 by Ord. No. 2007-07]
(2)
The deposit shall be placed in a trust account of
the Township Treasurer. The Treasurer shall charge to said account
the cost of all review services.
(3)
The amount of deposit shall be:
(d)
Subdivision, preliminary, Article VII: The fees for site plan review escrow shall be based on the costs of improvements, exclusive of buildings, including but not limited to construction and installation costs of grading, pavement, surveyor's monuments, drainage structures, storm sewers, sanitary sewers, water mains, fire protection features, streets, gutters, sidewalks, culverts, streetlighting, shade trees and landscaping, parking areas, street signs, sedimentation and erosion control devices, public improvements of open space and any other on-tract improvements. Said fees are as follows:
|
Cost
|
Fee
| |
|---|---|---|
|
$0 to $3,000
|
25% of the total or $500, whichever is greater
| |
|
$3,001 to $5,000
|
$750 plus 20% of the amount over $3,001
| |
|
$5,001 to $25,000
|
$1,150 plus 15% of the amount over $5,001
| |
|
$25,001 to $50,000
|
$4,150 plus 10% of the amount over $25,001
| |
|
$50,001 to $99,999
|
$8,500
| |
|
$100,000 to $249,999
|
$10,000
| |
|
$250,000 to $495,999
|
$12,500
| |
|
$500,000 to $749,999
|
$13,800
| |
|
$750,000 to $999,999
|
$15,000
| |
|
$1,000,000 and over
|
$16,000
|
(e)
Site plan, final, Article VII: 25% of the preliminary site plan fee or $500, whichever is greater.
(h)
Sketch-conceptual plat: no charge.
(i)
Extension of preliminary or final subdivision:
$1,000.
[Added 10-8-1991 by Ord. No. 91-5]
(j)
Extension of preliminary or final site plan:
$1,000.
[Added 10-8-1991 by Ord. No. 91-5]
(4)
All deposits shall be paid at the time the application
is submitted by the developer. In instances where deposits relate
to the estimated cost of site improvements, the term "improvements"
shall be deemed to relate only to site improvements required by the
Land Development Ordinance site plan approval. The deposit in these
instances shall initially be based upon the applicant's estimate of
the improvement costs. This deposit shall be subject to verification
by the Board Engineer. If the Board Engineer determines that the deposit
submitted is less than the percentage of improvements as required
by this chapter or in the event that the cost of review services shall
exceed the deposit amount, additional funds in an amount set by the
municipal agency shall be submitted by the developer. Failure to deposit
the additional sum shall be grounds for denial of the application.
There shall be an additional fee due and owing whenever the original
fee paid into escrow is reduced by charges against the account to
25% or less of the original fee. The Secretary of the Land Use Board
shall, in writing, require the applicant to provide an additional
25% of the original fee, which additional fee shall be payable prior
to the Land Use Board's considering in any way or hold hearing on
or public or private discussion of any site plan, subdivision or other
matter before the Land Use Board. The Land Use Board shall not discuss,
consider or in any way, make any recommendations for a proposed site
plan at a regular meeting or work session of the Land Use Board when
the additional fees have not been paid. Within 90 days of the final
determination and review and/or inspection as maybe required, the
Board Clerk shall forthwith submit to the applicant a complete accounting
of the costs expended and shall authorize the Township Committee to
return any unused portion of the deposit.
[Amended 2-13-2007 by Ord. No. 2007-01; 2-13-2007 by Ord. No. 2007-07]
(5)
When an application for development contains a request
for more than one form of relief, deposits shall be paid for each
form of relief in accordance with this section.
[Added 6-8-1981]
The approving authority, with the written consent of the Township Committee, may waive all or part of the application fees or deposits required by § 255-17 if the municipal agency determines that extraordinary circumstances beyond the total control of the applicant exist, which circumstances warrant relief pursuant to this section. Any such determination by the approving authority shall be in the form of a written resolution referred to the Township Committee indicating the reasons for the request of a waiver of fees and/or deposits pursuant to this section.
[Amended 2-13-2007 by Ord. No. 2007-07]
Each application for development shall be accompanied
by proof, in the form of a tax and assessment search, certification
of the Tax Collector that all taxes and assessments are paid to date
or other proof acceptable to the Board, that no taxes or assessments
for local improvements are due or delinquent on the property for which
any application for development is made before the Land Use Board.
These applications include but are not limited to variances, conditional
uses, site plan approvals and subdivision approvals.
There is herewith created the office of Zoning
Enforcement Officer and Assistant Zoning Enforcement Officer, both
of whom may hold another appointive office in the Township. Said Officer
shall be appointed by and have compensation fixed by the Township
Committee. It shall be the duty of the Zoning Enforcement Officer
to enforce this chapter according to its provisions and issue zoning
permits when proposed construction, alteration or use would not be
in violation of this chapter. The Assistant Zoning Enforcement Officer
shall perform the duties of the Zoning Enforcement Officer in the
absence or inability to perform of the Zoning Enforcement Officer.
[Added 10-24-1985 by Ord. No. 85-10]
A.
As a condition of final approval, the reviewing Board
may require and shall accept, in accordance with the standards adopted
by this chapter, for the purpose of assuring the installation and
maintenance of on-tract improvements:
(1)
The furnishing of a performance guaranty in favor
of the municipality in an amount not to exceed 120% of the cost of
installation for improvements it may deem necessary or appropriate,
including streets, grading, pavement, gutters, curbs, sidewalks, streetlighting,
shade trees, surveyors' monuments, as shown on the final map and required
by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.),
water mains, culverts, storm sewers, sanitary sewers or other means
or sewage disposal, drainage structures, erosion control and sedimentation
control devices, public improvements of open space and other on-site
improvements and landscaping, provided that no more than 10% of the
total performance guaranty shall be in cash and the balance shall
be in the form of any other security as may be approved by the Township
Attorney. All performance guaranties shall guarantee that the improvements
shall be completed within the stipulated time or no longer than two
years from final approval if no time is stipulated. The applicant
shall prepare an itemized estimate of the cost of the improvements.
The estimate shall list all improvements by description, unit and
quantity with cost per unit. Costs shall be based on contract costs
subject to the Prevailing Wage Act[1] which would apply if the Township were to be contracting
to do the work. The estimate shall be submitted to the Township Engineer
for his review and approval at least two weeks prior to the meeting
at which final approval is requested.
[1]
Editor's Note: See N.J.S.A. 34:11-56.25 et
seq.
(2)
The furnishing of a maintenance guaranty to be posted
with the governing body for a period not to exceed two years after
final acceptance of the improvement, in an amount not to exceed 15%
of the cost of the improvement. In the event that other governmental
agencies or public utilities automatically will own the utilities
to be installed or that the improvements are covered by performance
or maintenance guaranty, as the case may be, no performance guaranty
shall be required for such utilities or improvements.
B.
The amount of any performance guaranty may be reduced
by the Township Committee, by resolution, when portions of the improvements
have been certified by the Municipal Engineer to have been completed.
The time allowed for installation of the improvements for which the
performance guaranty has been provided may be extended by the Township
Committee by resolution.
C.
If the required improvements are not completed or
corrected in accordance with the performance guaranty, the obligor
and surety, if any, shall be liable thereon to the municipality for
the reasonable cost of the improvements not completed or corrected,
and the municipality may, either prior to or after the receipt of
the proceeds thereof, complete such improvement.
D.
When all of the required improvements have been completed,
the obligor shall notify the Township Committee in writing, by certified
mail, addressed in care of the Municipal Clerk, of the completion
of said improvements and shall send a copy thereof to the Municipal
Engineer. At that time the obligor shall furnish one Mylar reproducible
set of plans for the improvements which shall be certified by the
applicant's engineer and surveyor to show as-built conditions and
said set shall be marked "As Completed." Thereupon the Municipal Engineer
shall inspect all of the improvements and shall file a detailed report,
in writing, with the Township Committee, indicating either approval,
partial approval or rejection of the improvements with a statement
of reasons for any rejection. If partial approval is indicated, the
cost of the improvements rejected shall be set forth.
E.
The governing body shall either approve, partially
approve or reject the improvements, on the basis of the report of
the Municipal Engineer, and shall notify the obligor in writing, by
certified mail, of the contents of said report and the action of said
reviewing Board with relation thereto, not later than 65 days after
receipt of the notice from the obligor of the completion of the improvements.
Where partial approval is granted, the obligor shall be released from
all liability pursuant to its performance guaranty, except for that
portion adequately sufficient to secure provision of the improvements
not yet approved. Failure of the Township Committee to send or provide
such notification to the obligor within 65 days shall be deemed to
constitute approval of the improvements, and the obligor and surety,
if any, shall be released from all liability, pursuant to such performance
guaranty.
F.
If any portion of the required improvements is rejected,
the reviewing Board may require the obligor to complete such improvements,
and upon completion, the same procedure of notification, as set forth
above in this section, shall be followed.
[Added 10-24-1985 by Ord. No. 85-10;
amended 10-12-2004 by Ord. No. 04-5; 3-16-2017 by Ord. No. 2017-02]
A.
Zoning permit.
[Amended 6-13-2017 by Ord. No. 2017-08]
(1)
Any person seeking to change a use or to erect, construct or reconstruct
a structure shall apply to the Zoning Officer for a zoning permit.
(2)
Each application for a zoning permit shall be accompanied by a fee
in accordance with the following schedule:
|
Application Type
|
Fee
|
|---|---|
|
Renovations and accessory buildings/structures not exceeding
an estimated cost of $10,000
|
$35
|
|
Renovations and accessory buildings/structures in excess of
an estimated cost of $10,000
|
$50
|
|
New residential dwelling or per building for townhouses and
condos
|
$100
|
|
Commercial buildings: construction, renovations, alterations
and/or change of use not exceeding estimated cost of $100,000
|
$75
|
|
Commercial buildings: construction, renovations, alterations
and/or change of use estimated to exceed the cost of $100,000
|
$100
|
B.
Administrative officer and issuance of permits.
(1)
The provisions of this chapter shall be administered
and enforced by the Zoning Officer of the Township of Independence.
In no case shall a permit be granted for the construction or alteration
of any building nor to alter the use of any land, where the proposed
construction, alteration or use thereof would be in violation of any
provision of this chapter.
(2)
It shall be the duty of the Zoning Officer to issue
the proper zoning permit when he is satisfied that the structure,
parking area or other use requiring a permit conforms to all requirements
of this chapter. The Zoning Officer shall have the right to enter
any premises or building during the daytime in the course of his duties.
C.
Records. It shall be the duty of the Zoning Officer
to keep a record of all applications for permits and all permits issued,
with a notation of all special conditions involved.
D.
Existing permitted uses. Upon written request from
the owner, tenant, occupant or purchaser under contract, the Zoning
Officer, after inspection, shall issue a zoning permit for any legally
existing uses on the property, certifying the extent and type of use
and whether any such existing use conforms to the provision of this
chapter.
E.
Denial. Failure to comply with any of the requirements
of this chapter shall result in the denial of a zoning permit.
F.
Revocation. Failure to comply with any of the requirements
of this chapter shall result in the revocation of a previously issued
zoning permit.
[Added 10-24-1985 by Ord. No. 85-10]
A.
Prior to beginning any construction pursuant to approval
of the reviewing Board, the developer shall arrange for a preconstruction
conference among the developer, contractor and Municipal Engineer,
at which time the Municipal Engineer shall provide to the developer
a written schedule of what items must be inspected by the Engineer
and at what intervals. The Municipal Engineer shall be notified by
certified mail by the developer at least 72 hours in advance of the
start of construction. The cost of inspections shall be the responsibility
of the developer, who shall reimburse the Township for all reasonable
inspection fees by submitting a certified check or bank money order
to the Township Clerk. This fee shall be in addition to the amount
of the performance guaranty and all application fees as outlined above
and shall be deposited initially in the amount of 5% of the cost of
construction as a condition of preliminary approval. The funds shall
be deposited in an interest-bearing account. Upon completion of the
development and all inspections, the developer shall receive an accounting
of the expended funds. Any unspent funds shall be returned to the
developer. Should the initial deposit be insufficient to cover inspection
costs, the developer shall deposit additional sums upon notice from
the Township Clerk, each additional deposit being in amounts not to
exceed 50% of the initial deposit. [1]
B.
The estimate of construction cost shall be prepared by the applicant in accordance with the requirements of § 255-21 above and shall be submitted to the Township Engineer for his review and approval at least two weeks prior to the preconstruction conference. Underground electric, telephone and cable television facilities shall not be included in the estimate, although underground facilities which cross roads which are to be maintained by the Township shall be installed under the inspection and approval of the Township Engineer.
C.
No occupancy permits shall be issued until all municipally required improvements are installed; provided, however, that the Construction Official may authorize the issuance of certificates of occupancy if it is determined that adequate security has been posted to guarantee completion of the remaining incompleted items, that the items remaining to be completed cannot or should not be installed at that time and that the items to be completed are not of such a nature as to cause a significant danger to the occupants of the premises for which a permit is sought. (See Article I, § 255-22, Permits.)
[Added 3-13-1989 by Ord. No. 89-1]
A.
In accordance with N.J.S.A. 40:55D-10.3, the documents
entitled the "Independence Township Preliminary Subdivision Plat Checklist,"
the "Independence Township Final Subdivision Plat Checklist," the
"Preliminary Site Plan Checklist," the "Final Site Plan Checklist"
and the "Minor Subdivision Checklist," copies of which are annexed
hereto and filed with the Township Clerk in permanent record of the
Township, are hereby made a part of this chapter without inclusion
of the text thereof.
B.
Prior to preliminary subdivision or site plan approval
by the Land Use Board of the Township of Independence wherein the
developer seeks to create a new street or road, as a result thereof
the developer shall, as a checklist requirement for the preliminary
approval thereof, obtain a name of the street(s) to be placed on the
plat(s) so submitted to be chosen from a list of approved street names
as established by the Township Committee. No street shall have a name
which will duplicate or so nearly duplicate as to be confused with
the names of existing streets. In all instances where a new street
or road is the continuation of an existing street, it shall have the
same name as the existing street.
[Added 6-12-1990 by Ord. No. 90-6; 2-13-2007 by Ord. No.
2007-07]
C.
There are hereby established checklist requirements
requiring the information as set forth in the following forms[1] to be supplied or waivers thereof granted in connection
with the zoning variances and/or applications for the direction of
the issuance of a permit pursuant to N.J.S.A. 40:55D-34 and N.J.S.A.
40:55D-36 before the Independence Township Land Use Board.
[Added 6-11-1991 by Ord. No. 91-3; 2-13-2007 by Ord. No.
2007-01; 2-13-2007 by Ord. No. 2007-07]
[1]
Editor's Note: The forms are on file in the
Township offices.
D.
The checklist requirements for an application for
the extension of any preliminary or final site plan or subdivision
which is applied for in accordance with the provisions of N.J.S.A.
40:55D-49d or N.J.S.A. 40:55D-52a, as the case may be, shall provide
the following information to permit a determination of completeness:
[Added 10-8-1991 by Ord. No. 91-5]
(1)
Six copies of applications and two sets of fully approved
plans.
(2)
Payment of fees and deposits as required by the ordinance
and proof that payment of real property taxes and assessments have
been made to the date of the meeting at which the application is to
be heard.
(3)
Three copies of completed checklist received by the
Land Use Board Clerk at least two weeks before the date of the anticipated
meeting.
[Amended 2-13-2007 by Ord. No. 2007-07]
(4)
Two copies of the original resolution of approval
by the Independence Township Land Use Board and a certified statement
by the applicant of the satisfaction of all conditions of approval
(including copies of all outside agency approval letters or permits
obtained to date) or a certified statement by the applicant of those
items representing conditions of approval which have not yet been
complied with.
[Amended 2-13-2007 by Ord. No. 2007-07]
(5)
A list of all holders of 10% or more of the stock
of the applicant and/or owner, if either is a corporation, or the
holders of 10% or more of an interest in a partnership, or a statement
that neither of the preceding lists are required pursuant to N.J.S.A.
40:55D-48.1.
(6)
Three copies of as-builts for any work completed to
the date of the application or a certified statement from the applicant's
engineer that no work has been performed to the date of the application.
(7)
A certification by the applicant's engineer describing
all ordinance changes affecting the development since the date of
the original approval.
(8)
A certified statement by the applicant of the status
of all bonds and guaranties posted with the municipality or any other
governmental entity, as well as copies of any and all development
agreements, if any.
(9)
A certification that the applicant is the owner of
the land or is acting with the permission or as the agent thereof.
