The following general provisions shall apply
to the zoning regulations, subdivision regulations and site plan review
regulations within the Township of Pennsauken.
[Amended 1-14-1981 by Ord. No. 80-38]
A.
Title. This chapter shall be known and may be cited
as the "Development Regulations of the Township of Pennsauken, as
amended."
B.
Interpretation. In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for achieving the goals and purposes as listed under § 141-3 of this chapter.
C.
Severability. If any article, section, subsection,
subparagraph or sentence, clause or phrase of this chapter is for
any reason held to be unconstitutional or invalid, such decision or
invalidity shall not affect the remaining portions or provisions of
this chapter.
D.
Conflicts. It is not the intent of this chapter to
repeal, abrogate, annul or interfere with any existing ordinance or
enactment or with any rule, regulation or permit adopted or issued
thereunder, except insofar as the same may be inconsistent or in conflict
with any of the provisions of this chapter, provided that where this
chapter imposes greater restrictions upon the use of buildings or
land, upon the height and bulk of buildings or prescribes larger open
spaces than are required by the provisions of such ordinance, enactment,
rule, regulation or permit, then the provisions of this chapter shall
control.
E.
Repealer. All ordinances or parts of ordinances inconsistent
herewith are hereby repealed.
Pursuant to the provisions of N.J.S.A. 40:55D-2,
this chapter shall have as its purpose:
A.
To encourage Township action toward guiding the appropriate
use or development of all lands in the Township of Pennsauken in a
manner which will promote the public health, safety, convenience,
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 ensure that the development of Pennsauken Township
does not conflict with the development and general welfare of neighboring
municipalities, of the County of Camden or the State of New Jersey
as a whole.
E.
To promote the establishment of appropriate population
densities and concentrations that will contribute to the well-being
of persons, neighborhoods, the Township as a whole and its surrounding
region, and the preservation of the most healthful and otherwise beneficial
environment.
F.
To encourage the appropriate and efficient expenditure
of public funds by the coordination of public development with land
use policies.
G.
To provide sufficient space in appropriate locations
for a variety of residential, recreational, commercial, industrial
and institutional uses and open spaces, both public and private, according
to their respective environmental requirements, in order to meet the
needs of all of the residents of the Township.
H.
To encourage the location and design of transportation
facilities or routes which will promote the free flow of traffic while
discouraging the location of such facilities which will result in
congestion and blight.
I.
To promote compatibility in the visual environment
through creative use of existing conditions, development techniques,
good civic design and arrangement.
J.
To promote the conservation and proper use of the
soils, vegetation and water supply and to prevent degradation of the
environment through improper use of the land.
K.
To encourage senior citizen community housing construction.
[Amended 1-14-1981 by Ord. No. 80-38]
L.
To encourage coordination of the various public and
private procedures and activities shaping land development toward
lessening the public and private costs of such development and toward
the more efficient use of the land.
M.
To prevent or minimize degradation of surface water
and groundwater by establishing minimum stormwater management requirements
and controls for major developments.
[Added 5-24-2006 by Ord. No. 06-15]
[Added 2-22-2012 by Ord. No. 2012:01]
The Township Committee of Pennsauken Township does hereby prohibit
the actions/activities and shall not support or sanction any actions/activities
within the geographic boundaries of Pennsauken Township of any person
or persons, businesses, organizations, nonprofit or otherwise, or
other type of entity or any other group which requires any decision,
action and/or inaction of the Township which is or may be violative
of federal law and/or state law. "Township" shall be defined herein
as either the Township Committee and any and/or all of its members,
any official, officer, employee, professional consultants and/or attorneys
of the Township (whether they be full-time or part-time), the Township
Planning/Land Use Board and any and/or all of its members if any and/or
all of them,jointly and/or severally, are acting within the scope
of their elected and/or appointed positions and/or employment with
Pennsauken Township.
[Amended 1-14-1981 by Ord. No. 80-38; 12-30-2002 by Ord. No. 02-32]
For the purposes of this chapter, unless the context clearly indicates otherwise, the following words and phrases shall be construed to have the meanings indicated in this section; the word "shall" is always mandatory, and the word "may" is permissive; the present tense includes the future, the singular number includes the plural, and the plural the singular, unless the particular quantity is a part of a specific regulation or requirement; the word "Township" indicates the Township of Pennsauken, Camden County, New Jersey; and any reference to the "Township Committee," "Planning Board," "Board of Adjustment," "Construction Official," "Township Engineer" or "Township Clerk" shall refer to those offices of the Township of Pennsauken; and the term "Board Secretary" shall mean either the Secretary of the Planning Board or the Board of Adjustment according to the context; and, where the following does not include a particular word in common usage, the definition contained in the latest edition of Webster's Collegiate Dictionary of the American Language shall be deemed by this chapter to be the definition intended herein. The following words and definitions apply primarily to subdivisions, site plans and other matters related to development. Additional words and definitions applying primarily to zoning may be found under § 141-73 of Article VII, Zoning Regulations. Where a word's meaning may change with usage, such word appears in both places; and some words apply equally to both sections.
The Administrative Officer, Planning and Zoning as established by Article VII of Chapter 52 of the Code of the Township of Pennsauken or, whenever a Planning and Zoning Coordinator has been appointed, he or she shall be the "Administrative Officer" of the development regulations in this chapter, with the exception of receiving fees; all fees shall be paid to the Township Clerk. In the absence of the appointment of a Planning and Zoning Coordinator, the Construction Official shall fulfill the duties. The duties of the "Administrative Officer" are set forth in this chapter when referred to as the "Administrative Officer" and under the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), as amended.
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, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.
The Planning Board of Pennsauken Township, unless a different
agency is designated by ordinance when acting pursuant to the Municipal
Land Use Law (N.J.S.A. 40:55D-1 et seq.), as amended.
Prints of construction drawings which have been revised,
after completion of construction, to show the actual, final or relocated
position and depth of all underground or otherwise hidden pipes, lines,
conduit, boxes, cables, wires or drainage facilities, to facilitate
servicing at a future date.
The length of that portion of the front lot line which would
be subtended by a projection, at right angles to such front lot line,
of the building walls or points thereon closest to the side lot lines.
All parts of the plant Cannabis sativa L., whether growing
or not, the seeds thereof, and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds, except
those containing resin extracted from the plant, which are cultivated
and, when applicable, manufactured in accordance with P.L. 2021, c.
16 (N.J.S.A. 24:6I-31 et seq.), for use in cannabis products, but
shall not include the weight of any other ingredient combined with
cannabis to prepare topical or oral administrations, food, drink,
or other product. "Cannabis" does not include: medical cannabis dispensed
to registered qualifying patients pursuant to the Jake Honig Compassionate
Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.),
and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.); marijuana as
defined in N.J.S.A. 2C:35-2 and applied to any offense set forth in
Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or
P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or marihuana as defined
in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2) and applied to
any offense set forth in the New Jersey Controlled Dangerous Substances
Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et seq.); or hemp or a hemp
product cultivated, handled, processed, transported, or sold pursuant
to the New Jersey Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6
et seq.).
[Added 8-5-2021 by Ord.
No. 2021:22]
Any person or entity that holds any of the six classes of
licenses established under P.L. 2021, c. 16, the New Jersey Cannabis
Regulatory, Enforcement Assistance, and Marketplace Modernization
Act.[1]
[Added 8-5-2021 by Ord.
No. 2021:22]
Any licensed person or entity that grows, cultivates, or
produces cannabis, 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.
This person or entity shall hold a Class 1 cannabis cultivator license.
[Added 8-5-2021 by Ord.
No. 2021:22]
Any licensed person or entity 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. This person or entity shall hold a Class 6 cannabis
delivery license.
[Added 8-5-2021 by Ord.
No. 2021:22]
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports 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. This person or entity shall hold a Class 4 cannabis distributor
license.
[Added 8-5-2021 by Ord.
No. 2021:22]
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
[Added 8-5-2021 by Ord.
No. 2021:22]
Any licensed person or entity 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.
This person or entity shall hold a Class 2 cannabis manufacturer license.
[Added 8-5-2021 by Ord.
No. 2021:22]
Any equipment, products, or materials of any kind which are
used, intended for use, or designed for use in planting, propagating,
cultivating, growing, harvesting, composting, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing,
packaging, repackaging, storing, vaporizing, or containing cannabis,
or for ingesting, inhaling, or otherwise introducing a cannabis item
into the human body. "Cannabis paraphernalia" does not include drug
paraphernalia as defined in N.J.S.A. 2C:36-1 and which is used or
intended for use to commit a violation of Chapter 35 or 36 of Title
2C of the New Jersey Statutes.
[Added 8-5-2021 by Ord.
No. 2021:22]
[Added 8-5-2021 by Ord. No. 2021:22]
A product containing usable cannabis, cannabis extract, or
any other cannabis resin and other ingredients intended for human
consumption or use, including a product intended to be applied to
the skin or hair, edible cannabis products, ointments, and tinctures.
"Cannabis product" does not include:
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers 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. This
person or entity shall hold a Class 5 cannabis retailer license.
[Added 8-5-2021 by Ord.
No. 2021:22]
An independent, third-party entity meeting accreditation
requirements established by the Cannabis Regulatory Commission that
is licensed to analyze and certify cannabis items and medical cannabis
for compliance with applicable health, safety, and potency standards.
[Added 8-5-2021 by Ord.
No. 2021:22]
Any licensed person or entity 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. This person or entity shall hold a Class 3 cannabis wholesaler
license.
[Added 8-5-2021 by Ord.
No. 2021:22]
A governmental acquisition of real property or a major construction
project.
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.
Open space within or related to a site designated as a development,
and designated or designed and intended for the use and 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 and enjoyment of residents and owners
of the development.
An application for development conforming to the rules and
regulations of the Township agency to whom submitted and all accompanying
documents required by this chapter or other applicable ordinances,
for approval of the application for development, including where applicable,
but not limited to a site plan or subdivision plat, provided that
the Township agency may require such additional information not specified
herein or any revisions in the accompanying documents as are reasonably
necessary to make an informed decision as to whether the requirements
necessary for approval of the application for development have been
met. The application shall not be deemed incomplete for lack of any
such additional information or any revisions in the accompanying documents
so required by the Township agency. An application shall be certified
as complete immediately upon the meeting of all requirements specified
in this chapter and in the rules and regulations of the Township agency
and shall be deemed complete as of the day it is so certified by the
Administrative Officer.
See "sketch plan."
That person appointed by the Township Committee pursuant
to the regulations of the New Jersey Uniform Construction Code[2] who is qualified and duly licensed by the Bureau of Housing
Inspection, Division of Housing and Urban Renewal of the New Jersey
Department of Community Affairs, to enforce and administer the regulations
of this chapter.
An authorization to begin work, subject to conditions and
approvals contained herein and, with regard to construction, subject
to Subchapter 3 of the New Jersey Uniform Construction Code.
[3]As applied to development, means other than planned development.
The Planning Board of Camden County, New Jersey.
Calendar days.
An earth embankment designed to detain or delay the flow
of stormwater runoff, thus preventing erosion and other property damage,
including pipes, weirs, standpipes and other devices to regulate the
flow of stormwater.
The legal or beneficial owner or owners of a lot or of any
land proposed to be improved or 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
or enlargement of any building or other structure or of any mining
excavation or landfill; and any use or change in the use of any building
or other structure or land or extension of use of land for which permission
may be required herein.
All provisions and exhibits related to a proposed improvement
of vacant land, including preliminary plans, final plans, subdivision
plat, all covenants related to the use, location and bulk of buildings
and other structures, intensity of use or density, streets, ways,
parking facilities, common open space and public facilities and including
all written and graphic material related thereto.
A zoning regulation, subdivision regulation, site plan regulation,
Official Map or other Township regulation of the use, improvement
or development of land, or any amendment thereto adopted according
to law.
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 during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
nonpoint pollution, to maintain the integrity of stream channels for
their biological functions as well as for drainage, and the means
necessary for water supply preservation or prevention or alleviation
of flooding.
A municipal advisory body created pursuant to P.L. 1968,
c. 245 (N.J.S.A. 40:56A-1 et seq.) and known as the "Pennsauken Township
Environmental Commission."
[4]The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
The official action of the approving authority taken on a
preliminarily 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.
A comprehensive plan for the conceptual design and layout
of a planned development for a tract of land more than 100 acres in
size as provided in section 4 of P.L. 1987, c. 129 (N.J.S.A. 40:55D-45.2).
[Added 5-25-2005 by Ord. No. 05-15]
The chief legislative body of the Township of Pennsauken
and referred to herein as the "Township Committee."
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing of historical,
archaeological, cultural, scenic or architectural significance.
Any surface that has been compacted or covered with a layer
of material so that it is highly resistant to infiltration by water.
[Added 5-24-2006 by Ord. No. 06-15]
In a criminal or quasi-criminal proceeding, any citizen of
the State of New Jersey; and 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 whose rights to use, acquire,
or enjoy property 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 a failure to act under this chapter.
Includes improvements and fixtures on, above or below the
surface.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed,
improved, occupied or built upon as a unit.
Any security which may be accepted by a municipality for
the maintenance of any improvements required by this chapter, including
but not limited to surety bonds, letters of credit under the circumstances
specified in Section 16 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.5),
and cash.
[Added 5-24-2006 by Ord. No. 06-15;
amended 12-17-2020 by Ord. No. 2020:21]
An individual development, as well as multiple developments
that individually or collectively result in:
Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of Subsection A(1), (2), (3), or (4) above. Projects undertaken by any government agency that otherwise meet the definition of “major development” but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered major development.
Any site plan so classified by the Planning Board and not
classified as a minor site plan.
Any subdivision not classified as a minor subdivision; however, the Planning Board, in its discretion, may require the applicant to seek preliminary and final approval at the public hearing, according to the requirements for a major subdivision at preliminary approval stage, and further, grant other appropriate relief under § 141-97 of this chapter. If an application for a subdivision, which otherwise would be classified as a minor subdivision, is filed within two years after the grant of a previous minor subdivision involving any part of the tract which was part of the initial minor subdivision, then the Planning Board may, in its discretion, classify the subject application as a "major subdivision" regardless of the definition of a minor subdivision as set forth in this section of this chapter.
A composite of one or more written or graphic proposals for
the development of the municipality as set forth in and adopted pursuant
to Section 19 of the Municipal Land Use Law (N.J.S.A. 40:55D-28 et
seq.).
The chief executive officer of the municipality and selected,
in Pennsauken, as the Chairperson of the Township Committee.
Cannabis intended for medical use by a qualified patient
registered with the New Jersey Cannabis Regulatory Commission pursuant
to N.J.S.A. 24:6I-1 et. seq. and N.J.S.A. 18A:40-12.22 et al.
[Added 7-21-2022 by Ord. No. 2022:16]
An organization issued a permit by the New Jersey Cannabis
Regulatory Commission that authorizes the organization to: purchase
or obtain medical cannabis and related supplies from medical cannabis
cultivators as defined in N.J.S.A. 24:6I-1 et al.; purchase or obtain
medical cannabis products and related supplies from medical cannabis
manufacturers as defined in N.J.S.A. 24:6I-1 et al.; purchase or obtain
medical cannabis, medical cannabis products, and related supplies
and paraphernalia from other medical cannabis dispensaries and from
clinical registrants as defined in N.J.S.A. 24:6I-1 et al.; deliver,
transfer, transport, distribute, supply, and sell medical cannabis
and medical cannabis products to other medical cannabis dispensaries;
furnish medical cannabis, including medical cannabis products, to
a medical cannabis handler for delivery to a registered qualifying
patient, designated caregiver, or institutional caregiver consistent
with the requirements of subsection i. of N.J.S.A. 24:6I-20; and possess,
display, deliver, transfer, transport, distribute, supply, sell, and
dispense medical cannabis, medical cannabis products, paraphernalia,
and related supplies to qualifying patients, designated caregivers,
and institutional caregivers. A medical cannabis dispensary permit
shall not authorize the permit holder to cultivate medical cannabis,
to produce, manufacture, or otherwise create medical cannabis products.
[Added 7-21-2022 by Ord. No. 2022:16]
A development plan of one or more lots which proposes new
development within the scope of development specifically permitted
by ordinance as a minor site plan; does not involve planned development,
any new street or extension of any off-tract improvement which is
to be prorated pursuant to Section 30 of P.L.1975, c. 291 (N.J.S.A.
40:55D-42); and contains the information reasonably required in order
to make an informed determination as to whether the requirements established
by ordinance for approval of a minor site plan have been met.
A subdivision of land for the creation of not more than four
lots which does not involve a planned development; any new street;
the extension of any off-tract improvements, the cost of which is
to be prorated pursuant to N.J.S.A. 40:55D-42; or does not involve
the extension of any municipal facilities, including but not limited
to sanitary sewerage, storm sewerage or water supply. The Planning
Board may, in its discretion, nonetheless classify a subdivision as
minor but oblige the applicant to proceed on the application with
a public hearing because of the public interest in the particular
application, unusual complexity that is involved, possible impact
of said subdivision on landowners situated within 200 feet of the
subject property or the need for on-tract improvements. In the event
that the Board determines that such public hearing is required, the
applicant shall proceed on the application with all procedural requirements
to the same extent as an application seeking preliminary approval
involved in a major subdivision application.
See "Township agency."
A structure or building the size, dimension or location of
which was lawful prior to the adoption, revision or amendment of this
chapter, but which fails to conform to the requirements of the zoning,
subdivision or site plan regulations by reason of the adoption, revision
or amendment of this chapter.
A map adopted by ordinance pursuant to Article IV herein.
The map, as may be amended from time to time, adopted and
established by resolution by the Board of Chosen Freeholders of the
County of Camden, New Jersey.
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 the closest half of the street or
right-of-way abutting the property of which the lot is a part.
Not located on the property which is the subject of a development
application nor on the closest half of the abutting street or right-of-way.
Located on the lot in question and excluding any abutting
street or right-of-way.
Located on the property which is the subject of a development
application or on the closest half of an abutting street or right-of-way.
Any parcel or area of land or water essentially unimproved
and 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.
A listing adopted, published and amended from time to time
by the Township Committee containing all fees required by the Township
of Pennsauken.
Any security, which may be accepted by the Township, including
but not limited to surety bonds, letters of credit under the circumstances
specified in Section 16 of P.L.1991, c. 256 (N.J.S.A. 40:55D-53.5),
and cash.
That person appointed by the Township Committee to coordinate
applications, maintain records and perform related duties for the
Planning Board, Board of Adjustment and Construction Official, to
the extent directed by the Township Administrator; Administrative
Assistant, Planning and Zoning.
A map or maps of a subdivision or site plan.
A term often used by architects to indicate a site plan.
The conferral of certain rights pursuant to procedures herein
for preliminary approval of site plans and major subdivisions, prior
to final approval, after specific elements of a development plan have
been agreed upon by the Planning Board and the applicant.
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.
Any area designated and designed for use by the general public,
including parks, playgrounds, trails, paths, recreational areas and
other open spaces; scenic and historic sites; and sites for schools
and other public buildings and structures.
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 biological as well as drainage function
of the channel and providing for the flow of water to safeguard the
public against flood damage, sedimentation and erosion and to assure
the adequacy of existing and proposed culverts and bridges, to induce
water recharge into the ground, where practical, and to lessen nonpoint
pollution.
Open space conveyed or otherwise dedicated to or owned by
the Township, county or state, or other public body for recreational
or conservational use.
A majority of the fully authorized membership of a Township
agency.
An area to be developed as a single entity according to an
approved plan, containing residential housing units which have a common
or public open space as an appurtenance.
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; and 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 instrument.
Sanitary sewerage under the jurisdiction of the Pennsauken
Sewerage Authority.
The deposit of soil that has been transported from its site
of origin by water, ice, wind, gravity or other natural means as a
product of erosion.
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 the
provisions of this chapter requiring review and approval of site plans
by the Planning Board.
An informal plan for preliminary discussion with the Planning
Board, not required but recommended, and not constituting the beginning
of the time period prescribed by law for the review and approval processes.
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.
The right-of-way line of the street and the front lot lines
of properties which front thereon.
Any combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the ground
surface.
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 are created:
Divisions of land found by the Planning Board
or Subdivision Committee thereof appointed by the Chairperson to be
for agricultural purposes where all resulting parcels are five acres
or larger in size;
Divisions of property by testamentary or intestate
provisions;
Divisions of property upon court order, including
but not limited to judgments of foreclosure;
Consolidation of existing lots by deed or other
instrument; and
The conveyance of one or more adjoining lots,
tracts or parcels of land owned by the same person or persons and
all of which are found and certified by the Administrative Officer
to conform to the requirements of the municipal development regulations
and are shown and designated as separate lots, tracts or parcels on
the Tax Map of Pennsauken Township.
The term "subdivision" shall also include the
term "resubdivision."
A natural or man-made watercourse, usually carrying water
only after precipitation, but designed for that purpose if man-made.
The Planning Board, Zoning Board of Adjustment or other official
body of Pennsauken Township empowered by this chapter or any other
ordinance to review, approve or disapprove an application, or otherwise
act in behalf of the Township.
A typed or printed verbatim record of the proceedings or
reproductions thereof.
Any space designed, maintained and intended for pedestrian
use by the general public, without regard to ownership.
Water service under the jurisdiction of the Merchantville-Pennsauken
Water Commission.
Each Township agency shall compile, adopt and
may from time to time amend reasonable rules and regulations not inconsistent
with the Municipal Land Use Act of 1975 (N.J.S.A. 40:55D-1 et seq.)
or this chapter, for the administration of their particular functions,
powers and duties, shall furnish a copy thereof to anyone upon application
therefor and may charge a reasonable fee, payable to the Township
Clerk, in accordance with the Schedule of Fees, Township of Pennsauken,
Camden County, New Jersey, adopted and amended from time to time by
the Township Committee. Copies of all such rules and regulations,
as well as amendments thereto, shall be maintained in the respective
offices of the Secretary of the particular agency involved.
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 each agency shall
be scheduled not less than once each month and shall be held as scheduled
unless canceled for lack of an application for development in process;
any agency may provide for special meetings, at the call of its Chairperson
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 (N.J.S.A. 10:4-6 et
seq.) and agency regulations; no official action shall be taken at
any meeting without a quorum being present, and all actions shall
require a majority vote of the quorum except in those particular instances
where the law and this chapter require a vote of a majority of the
full authorized membership of the agency; and nothing herein shall
be construed to contravene any statute providing for procedures for
the Township Committee.
The following shall apply:
A.
All regular meetings and all special meetings shall
be open to the public; notice of all such meetings shall be given
in accordance with Township regulations; an executive session shall
be for the purpose of discussing and studying in detail any matters
before the agency and shall not be deemed a "regular" or "special"
meeting.
B.
Minutes of every regular and special meeting shall
be kept and shall include the names of all persons appearing and addressing
the agency and of the persons appearing by attorney, the action taken
by such agency, the findings, if any, made by it and reasons for its
actions. The minutes shall thereafter be made available for public
inspection during regular and normal working hours at the office of
the Secretary of the particular Township agency involved.
A.
Public hearings shall be held in the following instances:
(1)
By the particular Township agency involved upon receipt
of applications having to do with development within the Township
for:
(2)
By the Planning Board on each adoption, amendment
or revision of the Master Plan.
(3)
By the Board of Adjustment or the Planning Board,
as applicable, upon requests for a variance or conditional use and
upon appeals.
(4)
By the Township Committee:
(a)
In the adoption or amendment of an ordinance,
as required by law.
(b)
As a part of the process in removal of a member
of a Township agency from office, if such member requests a hearing.
(c)
In any other instance deemed by the Township
Committee to be of such public interest as to warrant a hearing.
B.
The Township agency holding the hearing shall make
the rules for such hearing; any maps and documents for which approval
is sought at the hearing shall be on file and available for public
inspection at least 10 days before the date of the hearing, during
normal and regular working hours, in the office of the Administrative
Officer; the applicant may produce other documents, records or testimony
at the hearing to supplement those documents on file.
[Amended 1-14-1981 by Ord. No. 80-38]
C.
The Chairperson of the agency presiding at the hearing,
or such person as he or she may designate, shall have the power to
administer oaths and issue subpoenas, and the provisions of the County
and Municipal Investigations Law, P.L. 1953, c. 38, (N.J.S.A. 2A:67A-1
et seq.) shall apply.
D.
Testimony of all witnesses relating to an application
for development regulated by this chapter shall be taken under oath
or affirmation, and the right of cross-examination shall be permitted
to all interested parties, through their attorneys or directly, at
the discretion of the presiding officer within reasonable limitations
as to time and number of witnesses.
E.
Technical rules of evidence shall not be applicable
to the hearing, but the presiding officer 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 and shall furnish a transcript, or duplicate recording
in lieu thereof, upon request of any interested party at such party's
expense. The municipal agency, in furnishing a transcript of the proceeding
to an interested party at his or her expense, shall not charge such
interested party more than the maximum permitted in N.J.S.A. 2B:7-4.
Said transcript shall be certified in writing by the transcriber to
be accurate.
[Amended 12-30-2002 by Ord. No. 02-32]
G.
The Township agency shall include findings of fact
and conclusions based thereon in each decision on any application
for development and shall reduce the decision to writing. The Township
agency shall provide the findings and conclusions through:
[Amended 12-30-2002 by Ord. No. 02-32]
(1)
A resolution adopted at a meeting held within the
time period provided in N.J.S.A. 40:55D-1 et seq. and this chapter
for action by the Township agency on the application for development;
or
(2)
A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the Township agency voted to grant or deny approval. Only the members of the Township agency who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. An action pursuant to N.J.S.A. 40:55D-9, resulting from the failure of a motion to approve an application, shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote on any such resolution shall be deemed to be a memorialization of the action of the Township agency and not to be an action of the Township agency; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required by Subsections H and I of this section. If the Township agency fails to adopt a resolution or memorializing resolution as herinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the Township agency to reduce its findings and conclusions to writing within a stated time, and the cost of the application, including attorney's fees, shall be assessed against the municipality.
H.
A copy of the decision shall be mailed by the agency's
secretary within 10 days of the date of such decision to the applicant,
without charge, and to all others who request a copy for sufficient
fee to cover the actual cost of reproducing same; a copy of the decision
shall also be filed with the Township Clerk who shall make such decision
available for public inspection during regular and normal Township
working hours.
I.
A brief notice of the decision shall be published
in a newspaper of general circulation within the Township, as arranged
by and at the applicant's expense; provided, however, that the applicant,
within 10 days, shall provide proof satisfactory to the agency's Secretary
that such action was taken and that the decision was actually published.
The period of time in which an appeal of such decision may be taken
shall run from the date of first publication of such decision, whether
arranged for by the Township or the applicant.
Notice of hearings required shall contain the
following:
Notice pursuant to Subsections A, B, C, D, E,
F and G hereinbelow shall be given by the applicant unless the Township
Committee has otherwise specified in particular instances by ordinance;
provided, however, that nothing herein shall prevent the applicant
from giving such notice if he or she so desires; and notices pursuant
to those instances listed below shall be given at least 10 days prior
to the date of the hearing.
A.
Public notice of a hearing on applications for development
shall be given for the following:
(1)
Preliminary site plan involving 1 1/2 acres or more.
[Amended 1-14-1981 by Ord. No. 80-38]
(2)
Preliminary review of major subdivisions.
(3)
Final approval of major subdivisions and final approval
of site plans for one acre or more; provided, however, that the Township
Committee may require hearings on any phase of development application
where, in its opinion, the proposed project is of particular public
interest.
B.
Notice of a hearing described in Subsection A immediately above shall be given to the owners of all real estate located within 200 feet, in all directions, of the property which is the subject of the hearing, using the current tax duplicates as a basis. Notice shall be given by serving a copy thereof on the property owner or his or her agent in charge of the property or by mailing a copy thereof by certified mail to the property owner, or his or her agent in charge of the property, at the address as shown on the current tax duplicates. Notice to a partnership may be made by service upon any partner, and service 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 the part of the corporation.
C.
Upon written request of the applicant, the Township
Assessor 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; the applicant shall be entitled
to rely upon such list, and his or her failure to give notice to any
owner not on such list shall not invalidate any hearing or proceedings.
A fee, in accordance with the Township's Schedule of Fees, shall be
charged for such list.
D.
Notice of all 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 Camden County Planning Board of a hearing on an application
for development of property:
F.
Notice shall be given by personal service or certified
mail to the Commissioner of Transportation of a hearing on the application
for development of property adjacent to a state highway.
G.
In the event that the applicant is required to give
notice pursuant to this section, the applicant shall file an affidavit
of proof of service with the Township agency holding the hearing.
H.
In addition to the above, public notice of all hearings
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,
at least 10 days prior to the date of the hearing.
[Added 1-14-1981 by Ord. No. 80-38]
The Planning Board shall give:
A.
Public notice of a hearing on adoption, or amendment
of the Master Plan by publication 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 revision or
amendment of the Master Plan property situated within 200 feet of
such adjoining municipality at least 10 days prior to such hearing.
C.
Notice by personal service or certified mail to the
Camden County Planning Board of:
(1)
All hearings on adoption, revision or amendment of
the Township's Master Plan at least 10 days prior to the date of such
hearings.
(2)
The adoption, revision or amendment of the Master
Plan for the Township, accompanied by copies thereof, not more than
30 days after the date of official adoption thereof.
Any notice made by certified mail, as described
herein, shall be deemed complete upon mailing if postmarked the required
number of days prior to the hearing.
A.
Notice of hearings by personal service or certified
mail shall be made:
(1)
To the Clerk of any adjoining municipality, at least
10 days in advance, involving property within 200 feet of that community's
boundary.
(2)
To the Camden County Planning Board, at least 10 days
in advance, on adoption, revision or amendment of any development
regulation, capital improvement or Official Map.
B.
In addition, appropriate copies shall be sent with
such notice as well as, within 30 days, copies of the adopted documents,
as well as any other regulatory measure affecting the development
within the Township.
[Amended 1-14-1981 by Ord. No. 80-38; 10-10-1984 by Ord. No. 84-37]
A.
Any interested party may appeal to the Township Committee
a final decision of the Zoning Board of Adjustment, pursuant to N.J.S.A.
40:55D-17, as the right of appeal provided therein is restricted.
(This statute authorizes appeals in instances where the Board of Adjustment
has approved applications for development pursuant to N.J.S.A. 40:55D-70d.)
Such appeal should be taken within 10 days of the publication of such
final decision and shall be decided by the Township Committee only
upon the record established before the Board of Adjustment. The appeal
to the Township Committee shall be made by serving the Municipal Clerk,
in person or by certified mail, with a notice of appeal specifying
the grounds thereof and the name and address of the appellant and
the name and address of his or her attorney, if represented.
[Amended 12-30-2002 by Ord. No. 02-32]
B.
Notice of the Township Committee's meeting to review the record before the Zoning Board shall be given by the Municipal Clerk, either by personal service or certified mail, to applicant, to those entitled to notice pursuant to § 141-8H and to the Secretary of the Board of Adjustment. This notice shall be served at least 10 days prior to the meeting. The parties, including the Board of Adjustment, may submit oral or written arguments on the record at such meeting, and the Township Committee shall provide for verbatim recordings and transcripts pursuant to § 141-8F.
C.
Submission and review of transcript.
(1)
The appellant shall, within five days of service of notice of the appeal, pursuant to Subsection A hereinabove, arrange for a transcript, pursuant to Subdivision f of Section 6 of the Municipal Land Use Law (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 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.
(2)
The Township Committee shall conclude a review of
the record below not later than 95 days from the date of receipt of
the transcript of the hearing, unless the appellant consents, in writing,
to an extension of such period. 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 shall constitute a
decision affirming the action of the Board.
D.
The Township Committee may reverse, remand or affirm, with or without the imposition of conditions, the final decision of the Board of Adjustment approving a variance pursuant to Subsection D of Section 57 of P.L. 1975, c. 291 (N.J.S.A. 40:55d-70), as amended. The review by the Township Committee shall be made upon the record made before the Board of Adjustment.
E.
The affirmative vote of a majority of the full authorized
membership of the Township Committee shall be necessary to reverse,
remand or affirm, with or without conditions, any final action of
the Board of Adjustment.
[Amended 12-30-2002 by Ord. No. 02-32]
F.
An appeal to the Township Committee shall stay all
proceedings in furtherance of the action in respect to which the decisions
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 reasons of facts
stated in the certificate a stay would, in its opinion, cause imminent
peril to life or property. In such case the proceedings shall not
be stayed other than by an order of the Superior Court on application
upon notice to the Board from whom the appeal is taken and on good
cause shown.
G.
The Township Committee shall mail a copy of the decision
to the appellant or, if represented, then to his or her attorney,
without separate charge and for a reasonable charge to any interested
party who has requested it and 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. Such publication shall be
arranged unless a particular Township officer be so designated by
ordinance, provided that nothing contained herein shall be construed
as preventing the applicant from arranging such publication if he
or she so desires. The Township Committee may make a reasonable charge
for its publication. 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.
H.
Nothing contained in this chapter 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 Construction Official, in behalf of the Township
Committee, shall enforce this chapter and any regulation and provision
or requirement made hereunder; and, to that end, such Construction
Official shall direct the issuance of specified permits, certificates
(other than those issued by the Planning Board Secretary as prescribed
herein) and authorizations precedent to:
B.
He shall establish administrative offices for the
purpose of issuance of such permits, certifications and authorizations
in full accordance with the requirements of the law.
A.
Notice of violation. When written notice of violation
of any of the provisions of this chapter has been served by the Secretary
of the responsible Township agency, by person, certified mail or other
means provided by law, upon a developer, owner, builder, contractor
or their agent, such violation shall be corrected or discontinued
immediately.
B.
Penalties. Any person, persons, unincorporated associations,
corporations, partnerships, associations or otherwise who permit,
partake in or assist in any violation of this chapter shall, upon
conviction, be subject to one or more of the following: a fine not
exceeding $1,250 or imprisonment in the county jail for a term not
exceeding 90 days, or a period of community service not exceeding
90 days, in the discretion of the Municipal Court Judge. Whenever
such violation shall continue for more than one day, each day of the
continuation of said offense shall be considered as a separate violation
of this chapter.
[Amended 9-12-1984 by Ord. No. 84-26]
C.
Remedies. In case of any violation, the Construction
Official, who is responsible for enforcement, may take any appropriate
action within reason to prevent hazard to public safety or health
or to prevent jeopardy to the public welfare.
D.
Cannabis
licensees. For cannabis licensees, in addition to the penalties set
forth in this section, cannabis licensees shall further be subject
to a ten-day license suspension. Each day that a violation occurs
shall be a separate violation.
[Added 8-5-2021 by Ord. No. 2021:22]
In addition to other reviews and approvals by
Township agencies in the normal exercise of their functions, the following
shall prevail:
A.
Application submission and referral. All applications
pertaining to construction, inspection, use and occupancy, subdivisions,
site plans, signs and other matters for which review and approval,
or other action, are required by this chapter, shall be submitted
by the applicant as follows and, if applicable, referred as indicated:
(1)
To the Construction Official, together with the appropriate
fee as provided herein, pursuant to the New Jersey Uniform Construction
Code, the following:
(a)
Requests for construction permits.
(b)
Requests for inspections on work for which construction
permits have been issued.
(c)
Inspections and recommendations concerning release
of maintenance or completion bonds and other guaranties.
(d)
Use and occupancy permits and the issuance of
same in the following instances:
[1]
In verification of proper completion of work,
for which a construction permit has been issued, prior to occupancy
of a building or other structure.
[2]
In a change of use where the proposed use is
clearly in conformity with all zoning and other regulations of this
chapter.
[3]
In a change of use where no exterior modification
of a building, no change in ingress or egress, no increase in or rearrangement
of off-street parking, no change in landscaping and no change in surface
drainage will be made, provided that, if any such items are to be
changed, the application shall be referred to the Planning Board for
review and recommendation to the Construction Official, who shall,
accordingly, issue or deny the use and occupancy permit.
[4]
Verification that a Knox Box has been installed.
[Added 3-26-2008 by Ord. No. 08-06]
(e)
Transfer of ownership.
[Added 3-26-1984 by Ord. No. 84-4]
[1]
Whenever there is a change in the ownership,
use or occupancy of any existing building or structure, devoted wholly
or partially to commercial or industrial use, now in existence within
the Township, then a certificate of use and occupancy must be applied
for prior to the conveyance of title to or prior to the changes in
occupancy of use of such property. Such certificate shall not be issued
by the Office of the Construction Official without adequate inspection
and satisfactory evidence that there are no violations of the Boca
Property Maintenance Code, all Township ordinances, the Uniform Fire
Code, and that a Knox Box has been installed. Such certificate shall
not be issued by the office of the Construction Official if said Official
believes the change of ownership, use or occupancy involves or should
require exterior modification of the building, no matter how minor;
a change in ingress or egress; an increase in or rearrangement of
off-street parking, no matter how minor; a change in landscaping;
a change of surface drainage; or an overall redesign or change in
appearance of the exterior of said lands or buildings.
[Amended 3-26-2008 by Ord. No. 08-06]
[2]
The execution of a lease-purchase agreement
or an installment sales agreement, for any length of time, shall be
deemed the equivalent of a transfer of ownership for purposes of this
section, even though legal title is not conveyed.
[3]
Whenever any commercially or industrially used
lands and premises are leased for a period of three months or more,
such lease shall constitute, without more, a change of occupancy and
use for purposes of this section.
[4]
Whenever there is a transfer in the ownership, including any changes as provided in Subsection A(1)(e)[2], of any multifamily building or structure (excluding a two-family duplex), such transfer shall be governed by the provisions of Subsection A(1)(e)[1] hereof to the same extent that it was a commercial or industrial property. (See § 141-73.)
[5]
Any person who violates this subsection, including
the proposed buyer, the proposed occupant or user, the owner, grantor
or lessor or who assists another in the violation of this subsection,
including any real estate brokers, salespersons, contractors or personnel
of title insurance companies, shall be subject to a fine of not more
than $500 or 30 days incarceration, or both.
[6]
The Construction Official shall refer any application
to the appropriate Township agency where prior approvals or actions
must precede the action by the Construction Official.
(2)
To the Administrative Officer, together with appropriate
fees as provided herein, who shall verify that applications are complete
and take the following action, as applicable:
[Amended 1-14-1981 by Ord. No. 80-38]
(a)
Refer all subdivisions to the Planning Board,
except those involving application for a variance under Section 57d
of the Municipal Land Use Law (N.J.S.A. 55D-70d), as amended, which
subdivisions shall be reviewed by the Board of Adjustment.
(b)
Refer all applications for variances to the Board of Adjustment, except those instances where the application seeks subdivision, site plan or conditional use approval in conjunction with variances under Section 57c of the Municipal Land Use Law (N.J.S.A. 40:55D-70c), as amended; in this case the Planning Board shall consider variances for any number of lots, as an incident to its consideration of the subdivision, site plan or conditional use request. If the variance requested before the Zoning Board under Section 57d of the Municipal Land Use Law (N.J.S.A. 40:55D-70d), as amended, would permit a use or structure in a zoning district restricted against such use or structure, such application shall be referred to the Planning Board for study and recommendations, pursuant to § 141-92B(5) of this chapter.
B.
Conditional approvals.
(1)
In the event that: a developer submits an application
for development which, after submission, is barred or otherwise prevented,
directly or indirectly, by a legal action instituted by any state,
county or municipal agency, or any other party, to protect the public
health or safety or by a court to protect the public interest, the
approving agency of the Township shall process such application for
development in accordance with this chapter and, if such application
complies with this chapter, shall approve such application conditioned
upon removal of such legal barrier to the particular development,
and the applicant shall notify the Township immediately upon removal
of such barrier.
(2)
In the event that any development proposed by an application
requires approval by a governmental agency other than that of the
Township, the Township approving agency shall in appropriate instances
condition its approval upon the subsequent approval by such other
governmental agency, provided that the Township agency shall make
a decision on any application for development within the time limit
prescribed herein or within an extension thereof as has been agreed
upon, in writing, by the applicant unless the Township agency is prevented
or relieved from so acting by the operation of the law.
C.
Provision for the handicapped. No approval for new
construction shall be given for any site or building used by the general
public, including any multifamily dwelling containing five or more
dwelling units, or any office, commercial or professional building
containing 10,000 square feet or more, unless and until proper and
adequate provision is made for the handicapped, pursuant to N.J.S.A.
52:32-4 et seq., Barrier-Free Design Regulations, as amended, and,
where any remodeling, substantial repairs, alterations or additions
of such site or building:
[Amended 12-30-2002 by Ord. No. 02-32]
(1)
Shall exceed 60% of their assessed value, the entire
site or building shall be made to comply with the requirements of
the Act.
(2)
Shall be between 30% and 60% of their assessed value,
only those portions thereof repaired or altered shall be made to comply
with the requirements of the Act.
(3)
Shall be under 30% of their assessed value, such repairs
or alterations shall be either in accordance with the Act or in compliance
with their previously required condition and with the same or equivalent
material or equipment, provided that the general safety and public
welfare are not thereby endangered.
D.
Fees required herein. All fees required by this chapter
shall be in accordance with the Pennsauken Township Schedule of Fees,
a copy of which shall be available for inspection in the Township
Clerk's office during normal business hours of the Township.
