This chapter shall be known as a "comprehensive
ordinance regulating and limiting the uses of land and the uses and
locations of buildings and structures; regulating and restricting
the height and bulk of buildings and structures and determining the
area of yards and other open spaces; regulating and restricting the
density of population; dividing the Township of Oldmans into districts
for such purposes; adopting a map of said Township showing boundaries
and the classification of such districts; establishing rules, regulations
and standards governing the subdivision of land within the Township;
establishing a Planning Board and a Board of Adjustment; and prescribing
penalties for the violation of its provisions."
The short form by which this chapter may be
known shall be the "Land Development Ordinance of the Township of
Oldmans."
This chapter is adopted pursuant to N.J.S.A.
40:55D-1 et seq. in order to promote and protect the public health,
safety and general welfare and in furtherance of the following related
and more specific objectives:
A.
To secure safety from fire, flood, panic and other
natural and man-made disasters.
B.
To provide adequate light, air and open space.
C.
To ensure that the development of the Township of
Oldmans does not conflict with the development and general welfare
of neighboring municipalities, the county and the state as a whole.
D.
To promote the establishment of appropriate population
densities and concentrations that will contribute to the well-being
of persons and neighborhoods 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,
blight or hazards.
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 and to prevent urban sprawl and degradation of the
environment through improper use of land.
J.
To encourage senior citizen community housing construction
consistent with provisions permitting other residential uses of a
similar density in the same zoning district.
K.
To encourage coordination of the various public and
private procedures and activities shaping land development with a
view to lessening the cost of such development and to the more efficient
use of land.
The provisions of this chapter shall be held
to be minimum requirements. Where this chapter imposes a greater restriction
than is imposed or required by other provisions of law or by other
rules or regulations or resolutions, the provisions of this chapter
shall control. Where other laws, rules, regulations or resolutions
require greater restrictions than are imposed or required by this
chapter, the provisions of such other laws, rules, regulations or
restrictions shall control.
All uses not expressly permitted in this chapter
are prohibited.
A.
All applicable
requirements shall be met at the time of erection, enlargement, alteration,
moving or change in use of the principal use and shall apply to the
entire structure or structures, whether or not the entire structure
or structures were involved in the erection, enlargement, alteration,
moving or change in use.
B.
Continuation. Any lawful use of a building or land existing or authorized
by a building permit at the time of original construction may be continued
although such use does not conform to the provisions of this chapter.
The owner or occupant may apply for and obtain permits for alterations
and development of said nonconforming property for additions and accessory
structures without the need for a variance, provided that the addition
or accessory structure would have been permitted by the Zoning Ordinance
in effect at the time of the construction of the principal structure.
This subsection should be considered remedial legislation and shall
be liberally construed by the Zoning Officer.
[Added 11-8-2017 by Ord.
No. 2017-15]
A.
The right to farm all land within the Township of
Oldmans is hereby recognized to exist as a natural right and is also
hereby recognized to exist as a permitted use throughout the Township
of Oldmans, regardless of zoning designation in the zoning provisions
of this chapter.
B.
The right to farm includes the use of large irrigation pumps and equipment, aerial and ground seeding and spraying, larger tractors, numerous farm laborers and the application of chemical fertilizers, pesticides, herbicides and fungicides, all for the purpose of producing from the land agricultural products, such as vegetables, grains, hay, fruits, fibers, wood, trees, plants, shrubs, flowers and seeds. The right to farm expressly excludes the cultivation or growing of cannabis except within the CII Commercial/Industrial District as set forth in § 110-20 and, as such, any activity included within the six classes of cannabis licenses are prohibited in all other areas of the Township.
[Amended 11-14-2018 by Ord. No. 2018-09; 8-11-2021 by Ord. No. 2021-07]
C.
The right to farm also includes the use of land for the grazing of animals, subject to the restrictions and regulations set forth in § 110-8 of this chapter and as otherwise set forth in this chapter regarding the use of land for the grazing of animals.
D.
The foregoing uses and activities included in the
right to farm may occur on holidays, Sundays and weekdays, 24 hours
a day. The noise, odors, dust and fumes that are caused by said uses
are also specifically permitted as part of the exercise of this right
to farm, when reasonable and necessary for that particular farming,
livestock or fowl production and when conducted in accordance with
generally accepted agricultural practices.
E.
The aforementioned rights are subject only to the
restrictions and regulations for intensive fowl or livestock farms
and subject to state and Township health and sanitary codes.
F.
A use will not be allowed in the industrial zone if
it is determined by either the Planning Board or the Township Committee
that the discharges from any industrial operation will adversely affect
the environment, more particularly the farming operations in existence
within the Township of Oldmans. Industrial operations in existence
prior to the effective date of this chapter may be required to take
remedial measures consistent with the requirements of this chapter.
The keeping of horses, ponies, cows and other
large animals is not permitted in the VC and VR Zones except when
subject to the following standards:
A.
Not more than one horse or pony may be kept on a lot
of at least 25,000 square feet, provided that it is enclosed in a
pen or corral containing at least 800 square feet, including a stable
under a roof of at least 100 square feet, and further provided that
the pen, corral, fences or similar enclosures are not closer than
30 feet to the adjacent property lines or 15 feet to the adjacent
property lines with proper screening and 75 feet to any neighboring
dwelling. No fence or screening shall be erected until plans, samples
or catalog cuts defining the proposed type of fence and screening
are approved by the Zoning Officer or the Planning Board or the Zoning
Board.
[Amended 8-7-2002 by Ord. No. 2002-6]
B.
Not more than two horses or ponies may be kept on
a lot of at least 45,000 square feet, provided that they are enclosed
in a pen or corral containing at least 800 square feet per animal,
including a stable under a roof of at least 100 square feet per animal,
and further provided that the pen, corral, fences or similar enclosures
are not closer than 30 feet to the adjacent property lines or 15 feet
to the adjacent property lines with proper screening and 75 feet to
any neighboring dwelling.
C.
Not more than three horses or ponies may be kept on
a lot of at least three acres, provided that they are enclosed in
a pen or corral containing 800 square feet for the first horse or
pony and 400 square feet for each additional horse or pony, including
a stable under a roof containing at least 100 square feet per animal,
and further provided that the pen, corral, fences or similar enclosures
are not closer than 30 feet to the adjacent property lines with proper
screening and 75 feet to any neighboring dwelling.
D.
The stable shall be defined as a structure for housing
horses or ponies and products used for the keeping and handling of
horses or ponies. No structures housing horses or ponies shall be
located nearer than 30 feet to any adjacent property lines with proper
screening and 75 feet to any neighboring dwelling.
[Added 4-2-2003 by Ord. No. 2003-2]
A.
A family home occupation shall be an accessory use,
secondary to the use of the lot for residential purposes, not requiring
a use variance, provided that:
(1)
The residential character of the lot and building
shall not be changed nor the exterior show evidence of the home occupation;
(2)
The activity employs no persons other than family
members residing in the dwelling or unit;
(3)
The volume of invitees or guests who visit the
residential dwelling or unit is not in excess of what is otherwise
customary for residential use in the neighborhood;
(4)
There is no outside appearance of a family home
occupation, i.e., there are no exterior signs, lights or parking pertaining
to the home occupation;
(5)
The volume of delivery and/or pickup truck traffic
is not in excess of two vehicles per day;
(6)
The activity uses no equipment or processes
that create noise, vibration, glare, fumes, odors or electrical or
electronic interference, including interference with radio or television
reception;
(7)
The activity does not generate any solid waste
or sewage discharge, in volume or type, which is not normally associated
with residential use in the neighborhood; and
(8)
The activity is not illegal.
B.
In the case of a dwelling unit which is jointly owned
by others, the provisions of this section shall not be deemed to supersede
any deed restriction, covenant, agreement, master deed, bylaws or
other documents which prohibit a family home occupation within a dwelling
unit.
C.
At any time and for due cause, based upon the needs
of the community, Oldmans Township may establish, by ordinance, limitations
for or prohibit entirely any family home occupations which it deems
would be incompatible with the residential zones in which they are
located.
D.
The provisions of this section shall not be construed
as limiting in any manner the powers of Oldmans Township to protect
the health, safety and welfare of its residents, including the investigation
and elimination of nuisances.
No open space provided around any principal
building for the purpose of complying with the front, side, rear or
other yard provisions of this chapter shall be considered as providing
the yard provisions for another principal building.
