These rules, regulations and standards shall be considered the
minimum requirements for the protection of the public health, safety
and welfare of the citizens of the Township. Any action taken by the
Land Use Board under the terms of this chapter shall give primary
consideration to the requirements of this chapter and to the welfare
of the entire community.
All provisions of this chapter may be amended in accordance
with applicable laws in effect at the time of the amendment.
B.
Organization. The Township Land Use Board shall consist of nine regular
members and four alternates. The Land Use Board's membership and makeup
are governed and controlled by N.J.S.A. 40:55D-23.
C.
Experts and staff. The Land Use Board may employ or contract for
a Land Use Board Attorney, other than the Municipal Attorney; other
experts; staff personnel; and other services as it may deem necessary.
The Board shall not, however, exceed the amount appropriated by the
governing body for its use.
D.
Powers and duties generally. The Land Use Board is authorized to
adopt bylaws governing its procedural operation. It shall also have
the following powers and duties:
(1)
To make and adopt and, from time to time, amend a Master Plan for
the physical development of the municipality, including any areas
outside its boundaries which in the Board's judgment bear essential
relation to the planning of the municipality, in accordance with the
provisions of N.J.S.A. 40:55D-28.
(2)
To administer provisions of all subdivision and site plan regulations
of the municipality in accordance with the provisions of said regulations
and the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.
(3)
To participate in the preparation and review of programs and plans
required by state or federal law or regulations.
(4)
To assemble data on a continuing basis as part of a continuous planning
process.
(5)
To annually prepare a program of municipal capital improvement projects
projected over a term of six years, and amendments thereto, and recommend
same to the governing body.
(6)
To consider and make report to the governing body within 35 days
after referral as to any proposed development regulation submitted
to it pursuant to the provisions of N.J.S.A. 40:55D-26a, and also
pass upon other matters specifically referred to the Land Use Board
by the governing body, pursuant to the provisions of N.J.S.A. 40:55D-26b.
(7)
To perform such other advisory duties as are assigned to it by ordinance
or resolution of the governing body for the aid and assistance of
the governing body or other agencies or officers.
(8)
Hear and decide, by majority vote, appeals where it is alleged by
the applicant that there is error in any order, requirement, decision
or refusal made by an administrative officer based on or made in the
enforcement of zoning regulations.
(9)
Hear and decide, by majority vote, requests for interpretation of
the Zoning Map or regulations, or for decisions upon other special
questions upon which such board is authorized by this chapter to pass.
(10)
Grant by majority vote a variance from the strict application
of the zoning regulations where by reason of exceptional narrowness,
shallowness, or shape of a specific piece of property, or by reason
of exceptional topographic conditions of such piece of property, the
strict application of any regulation in the zoning ordinance would
result in peculiar and exceptional practical difficulties to, or exceptional
and undue hardship upon, the owner of such property. In no case shall
a variance be granted under this subsection to allow a structure or
use in a district restricted against such structure or use.
(11)
The Land Use Board is authorized to grant a variance to allow
a structure or use in a district restricted against such structure
or use in particular cases and for special reasons, but only by the
affirmative vote of at least five members pursuant to N.J.S.A. 40:55D-70d.
[Amended 2-22-2006 by Ord. No. 06-01; 9-11-2014 by Ord. No. 14-06]
A.
Application procedure for subdivision or site plans.
(1)
Any applicant for subdivision or site plan review and approval shall
obtain all necessary forms from the Land Use Board or Zoning Administrative
Officer. Said officer shall inform the applicant of the steps to be
taken in securing Land Use Board action and of the regular meeting
date of the Board. A developer seeking minor subdivision, major subdivision,
or site plan review and approval shall submit 14 copies of all plans,
together with a completed application form to the Land Use Board and/or
Zoning Administrative Officer at least 20 days prior to the Land Use
Board meeting at which action by the Board may be taken, together
with all items required by the checklists which are a part of this
chapter.
(2)
The Land Use Board shall determine, on the basis of advice from the
Municipal Engineer and the Board's Administrative Officer, if the
application is incomplete, in which case the developer shall be advised
within 45 days of his initial submission as to the additional materials
required. An amended application, together with any required revised
site plan or major subdivision plat, shall be submitted in the same
manner as the original application.
(3)
If the application is complete, the Land Use Board shall classify
the application as a major or minor development and act upon it within
the applicable time periods specified in the Municipal Land Use Law,[1] and in accordance with other provisions of this chapter.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(4)
If classified as a major development, and either approved or approved
with conditions as a major development, or approved as a minor development,
a notation to that effect including the date of the approving authority's
action shall be made on all copies of the plat and shall be signed
by the Chair and Secretary of the approving authority (or the Vice
Chair or assistant secretary in their absence, respectively), except
the minor plats shall not be signed until all conditions are incorporated
on that plat. All conditions on minor developments shall be satisfied
within 90 days of the meeting at which conditional approval was granted;
otherwise, the conditional approval shall lapse.
B.
Preliminary plan approvals.
(1)
Final approval in the case of minor subdivisions, and preliminary
approval of site plans, in the case of 10 acres or less, shall be
granted or denied within 45 days from the date an application is determined
to be complete or within such further time as may be consented to
by the applicant. Approval of a minor subdivision shall expire 190
days from the date of Land Use Board approval unless a map meeting
the provisions of the Map Filing Law,[2] or a deed clearly describing the approved minor subdivision,
is filed by the developer with the County Clerk.
[2]
Editor's Note: N.J.S.A. 46:26B-1 et seq.
(2)
Preliminary applications for major subdivision; site plans for conventional developments of more than 1/2 acre; or any planned development shall be subject to public hearing after notice is properly given by the applicant as provided in § 220-21E(8) and preliminary approval shall be granted or denied within the time required by the Municipal Land Use Law.[3]
(a)
In the event preliminary approval of a subdivision or site plan
is denied because of failure to comply with municipal or regional
development regulations, a notation to that effect, together with
the signature of the Administrative Officer of the Land Use Board
shall be placed on the plat and reasons for the denial shall be stated
in the denial resolution.
(b)
Preliminary approval of a major subdivision or site plan shall
be granted by resolution, which shall set forth any conditions that
must be met, including required performance guarantees, and plat changes
that must be made precedent to final action. A notation indicating
preliminary approval does not authorize recording in the case of a
subdivision nor the issuance of a building permit in the case of a
site plan, unless the plan has been duly stamped and has had affixed
the signature of the Chair or Secretary of the Township Land Use Board.
(c)
Preliminary approval shall confer upon the applicant the rights
provided under the Municipal Land Use Law.
[3]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
C.
Final approval of site plans and major subdivisions.
(1)
A developer seeking final approval of a major subdivision or site
plan shall, with the knowledge of the Zoning Administrative Officer,
submit 14 paper prints of the final plan, together with originals
and processed tracings as required by the Map Filing Law[4] in the case of subdivisions, along with a completed application
form to the Land Use Board and/or Zoning Administrative Officer at
least 20 days prior to the scheduled Land Use Board meeting at which
such final approval shall be considered.
[4]
Editor's Note: N.J.S.A. 46:26B-1 et seq.
(2)
The Land Use Board shall determine, on the basis of advice from the
Municipal Engineer and the Board's Administrative Officer, that the
application is complete and properly submitted as of that date, or
that the application is incomplete or in error; in which case, the
developer shall be advised within 45 days of his initial submission
for final approval as to the additional material or corrections required.
An amended application, together with any required revised plans,
shall be submitted in the same manner as the original application.
(3)
Final approval of a major subdivision or site plan shall be granted
only after all requirements and conditions imposed at the time of
preliminary approval have been complied with. A notation indicating
approval shall be placed on each plat together with the signatures
of the Chair and Secretary of the Land Use Board.
D.
Relationship between Land Use Board and the Environmental Commission.
Whenever an Environmental Commission shall have been created and the
Environmental Commission has prepared and submitted to the Land Use
Board an index of the natural resources of the municipality, the Land
Use Board shall make available to the Environmental Commission an
informal copy of every application for development to the Land Use
Board. Failure of the Land Use Board to make such informational copy
available to the Environmental Commission shall not invalidate any
hearing or proceeding.
E.
Rules and regulations. The Board may adopt such rules and regulations
as may be necessary to carry into effect the provisions and purposes
of this chapter. In the issuance of subpoenas, administration of oaths
and taking of testimony, the provisions of the County and Municipal
Investigations Law (N.J.S.A. 2A:67A-1 et seq.) shall apply.
F.
Granting of variances. No variance or other relief may be granted
under the provisions of this section unless such variance or other
relief can be granted without substantial detriment to the public
good and will not substantially impair the intent and purpose of the
zone plan and zone regulations.
G.
Referral of applications. Any application under any subsection of
this section may be referred to any appropriate person or agency for
its report provided that such reference shall not extend the period
of time within which the Land Use Board shall act.
H.
Time for decision in the appeal from Administrative Officer. The
Land Use Board shall render its decision not later than the time allowed
by the Municipal Land Use Law.
I.
The granting of hardship and use variances. In the granting of hardship
and use variances, a time limit of one year from the date of the variance
approval shall be set within which time the applicant shall secure
a building permit or commence the use. Otherwise, the variance granted
shall be null and void.
J.
Issuance of a variance in conjunction with plan approval. Whenever
an applicant shall request a variance to allow a structure or use
in a district restricted against such structure or use, the Land Use
Board (combined Land Use Board) shall have the power to grant subdivision,
site plan, or conditional use approval in conjunction with its action
on the "use variance" and may impose restrictions on the subdivision,
site plan or conditional use application.
K.
Notice of all decisions on development. A copy of a development decision
of any Township agency shall be mailed by said agency for an appropriate
municipal fee to all persons who request a copy of that decision.
A copy of the decision shall be kept with the Administrative Officer.
A brief notice of all decisions on development application hearings
shall be published in the official newspaper of the municipality and
a copy shall be sent to the applicant. Such publication shall be arranged
by the Administrative Officer.
All zoning requirements shall be met at the time of any erection,
enlargement, moving or change in use. If a new structure is added
to an existing complex of structures or if any existing structure
has an addition, the site plan provisions of this chapter shall apply
to the enlargement or new structure. All developments resulting from
subdivision and site plan approvals shall comply with all the design
and performance standards, including conditions imposed by the approving
authority, as shown on the approved site plat and/or included in the
resolution adopted by the approving authority.
A.
Conditional approval by the approving authority. The approving authority
may condition its approval of any application for development on compliance
by the applicant with any lawful requirements the approving authority
deems reasonable and necessary for the public health, safety, and
welfare. The applicant has the responsibility of complying with reasonable
conditions for design, dedication, improvements and land use stipulated
by the approving authority.
B.
Approval conditioned upon other governmental action. In the event
that development by an application for development requires an approval
by a governmental agency other than the municipal agency, the municipal
agency shall, in appropriate instances, condition its approval upon
subsequent approval of such governmental agency; provided that the
municipality shall make a decision of 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 municipal
agency is prevented or relieved from so acting by the operation of
law. If such governmental agency's report is returned within the time
period and is negative or attaches conditions, the original action
by the municipal approving authority shall be null and void and a
new resolution shall be adopted which considers the governmental agency's
report.
C.
Developer agreements, deeds, and easements.
[Amended 9-27-2006 by Ord. No. 06-06]
(1)
Developer agreements. The Board may require, upon issuance of an
approval of a development, that the applicant enter into a developer's
agreement with the Township to ensure that the project is completed
in accordance with the conditions of approval adopted by the Municipal
Land Use Board.
(2)
Form of developer agreement, deeds, and easements. Any developer's
agreement, as well as any deeds or easements to be conveyed to the
Township, shall be in a form acceptable to the Hopewell Township Solicitor.
The attorney preparing the documents for the applicant shall coordinate
that preparation with the Township Solicitor in order to ensure that
the approved form(s) of developer agreement, deed, and/or easement
is/are used. Furthermore, simultaneous with the Township Solicitor's
review of the developer's agreement, deeds, and/or easements, the
applicant must, at a minimum, produce a title report providing clear
title to the Township, or an updated search, or an opinion letter
from the applicant's attorney that there are no liens and that the
deed or easement conveys clear title.
(3)
Fees and costs. It is the responsibility of the applicant to reimburse
the Township, from the applicant's escrow deposit, for the fees and
cost which the Township incurs during the aforementioned process respecting
developer's agreements, deeds, and/or easements.
(4)
Repealer. All ordinances or parts of ordinances which are inconsistent
or in opposition to the provisions of this section are hereby repealed
to the extent of said inconsistency.
(5)
Severability. If any provision of this section, or the application
of this chapter to any person or circumstance is held invalid, the
remainder of this chapter shall not be affected and shall remain in
full force and effect.
A.
Issuance of a permit for conditional use. Before any permit shall
be issued for a conditional use, applications shall be made to the
Land Use Board. The Land Use Board shall grant or deny the application
after public hearing, but within 95 days of submission of a complete
application to the administrative officer or within such further time
as may be consented to by the applicant. Where a conditional use application
involves a site plan or subdivision, the Land Use Board shall review
and approve or deny the subdivision or site plan simultaneously with
the conditional use application. Failure of the Land Use Board to
act within the required time period shall constitute approval of the
application. In reviewing the conditional use application, the Land
Use Board shall review the number of employees or users of the property
and the requirements set forth in the ordinance and shall give due
consideration to all reasonable elements which would affect the public
health, welfare, safety, comfort and convenience, such as, but not
limited to, the proposed use(s), the character of the area, vehicular
travel patterns and access, pedestrianways, landscaping, lighting,
signs, drainage, sewage treatment, potable water supply, utilities,
structural location(s) and orientation(s), and shall conduct a public
hearing on the application. The uses for which conditional uses are
granted shall be deemed to be permitted uses in their respective districts,
and each conditional use shall be considered as an individual case.
In all requests for approval of conditional uses the burden of proof
shall be on the applicant. All conditional uses shall require site
plan review and approval by the Land Use Board.
B.
Time limit on conditional uses. In the granting of conditional uses,
a time limit of one year from the date of the approval shall be set
within which time the owner shall secure a building permit or otherwise
commence the use; otherwise, the use granted shall be null and void.
This chapter shall take effect upon its final passage and publication
according to law.
[Amended 1-28-2010 by Ord. No. 10-01]
It shall be the duty of the Zoning Officer, who shall be appointed
by the governing body, to administer and enforce the zoning provisions
of this chapter. No building permit shall be issued unless the plans
are accompanied by an approved zoning permit. No zoning permit shall
be issued unless the proposed structure, use, temporary activity,
and construction activities are in compliance with this chapter. In
cases involving a change of ownership, tenant, or use of an existing
structure, no certificate of occupancy shall be issued until a zoning
permit has been issued. It shall be the duty of the Municipal Engineer
to enforce the provisions of subdivision and site plan approvals.
A.
The approving authority, when acting upon applications for preliminary or minor subdivision approval and preliminary site plan approval, shall have the power to grant such exceptions from Article IV, Design and Performance Standards, of this chapter, as may be reasonable and within the general purpose and intent of the provisions for subdivision/site plan review and approval if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
B.
The approving authority shall have the power to review and approve
or deny conditional uses or site plans simultaneously with a review
for subdivision approval without the developer being required to make
further application, or the approving authority being required to
hold further hearings. Whenever approval of a conditional use is requested
by the developer in conjunction with a site plan or subdivision, notice
of the hearing on the plat shall include reference to the request
for such conditional use.
Divisions of land not considered a subdivision as defined in
this chapter shall be exempt from compliance with the requirements
of this chapter only after affirmative action by the approving authority.
Such action shall be taken following submission of documentation to
the approving authority showing the division of land for agricultural
purposes where all resulting parcels are five acres or larger in size;
divisions by testamentary or intestate provisions; divisions of property
by court order; and conveyances so as to combine existing lots by
deed or other instrument, as the case may be. Until exempted from
the subdivision regulations by the approving authority, no person
can transfer, sell, or agree to transfer or sell, as owner or agent,
any land which forms a part of a subdivision for which approval is
required.
Fees shall be paid and escrow funds established in accordance
with a schedule adopted by the Township Committee.
A.
Bonding as a condition of final approval. No final plat shall be
approved by the approving authority until all items required to be
bonded (on-site, off-site and off-tract) in the public interest have
been installed, inspected, certified, and approved by the Municipal
Engineer and accepted by the governing body and a maintenance guarantee
has been filed and accepted by the governing body in accordance with
the requirements of this section or a performance guarantee in a form
acceptable to the Township Attorney has been posted to secure such
improvements. No maintenance bond shall be accepted nor shall any
partial facility be accepted for any item which has further stages
of work to be completed or which will need to be altered or reworked
in any manner due to the installation or connection of any other facility.
Any improvements installed prior to final plat application that do
not meet the standards of this chapter or other regulations shall
be added to the performance guarantee.
B.
Developing cost estimate for performance guarantee. A performance
guarantee cost estimate shall be submitted to the approving authority
by the Municipal Engineer as part of his report on preliminary and
final plat review. The approving authority may request the municipal
Engineer to review and update this estimate from time to time as required.
(1)
Form. A performance guarantee required in connection with this chapter
shall be in one of the following forms:
(a)
A corporate surety bond furnished by a bonding or surety company
authorized to do business in the State of New Jersey;
(b)
A certified or cashier's check made payable to the Township;
(c)
A certificate of deposit from a recognized banking institution,
which deposit may be withdrawn only after action by the municipal
governing body determining that the requirements of final approval
guaranteed thereby have been fulfilled and which may be claimed by
the Township in the event such requirements are not met; or
(d)
A letter of credit from a recognized banking institution.
(2)
Term. Performance guarantees shall run for a term, to be fixed by
the approving authority, of not more than three years, except that,
with the consent of the obligor and the surety, if there be one, the
governing body may, by resolution, extend the term of such performance
guarantee for an additional period, not to exceed three years. The
amount of the performance guarantee may be reduced by the governing
body by resolution when portions of the required improvements have
been satisfactorily installed.
(3)
Lack of performance. If required improvements are not completed or
corrected in accordance with the performance guarantee, the obligor
or the surety, if there be one, 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 receipt of the
proceeds thereof, complete such improvements.
(4)
Verification and review. The proposed performance guarantee required
for final plat approval shall be submitted to the Municipal Engineer
and Municipal Attorney for recommendations as to accuracy and form
and then to the governing body for approval and acceptance by resolution.
Submission for final plat approval shall not be made until the performance
guarantee has been accepted and approved by the governing body. The
performance guarantee may cover: streets, grading, pavement, gutters,
curbs, sidewalks, streetlighting, shade trees, surveyor's monuments,
water mains, culverts, storm sewers, sanitary sewers or other means
of sewage disposal, drainage structures, erosion control and sedimentation
control devices, public improvements of open space and other on-site
and off-site improvements and landscaping.
C.
Deposit of the performance guarantee.
(1)
The performance guarantee shall be deposited with the Township by
payment to the Municipal Treasurer. The Treasurer shall issue a receipt
for such deposits and shall retain the deposits as security for completion
of all requirements to be returned to the developer on completion
of all required work or, in the event of default on the part of the
developer, to be used by the Township to pay the costs of completing
the requirements.
(2)
The total performance guarantee shall equal 120% of the performance
guarantee cost estimate plus an amount equal to 15% of the cost of
any facilities installed prior to final submission as a maintenance
guarantee. The Municipal Engineer's certification that the principal
has satisfactorily installed or has defaulted in meeting the required
standards of construction shall be the basis for governing body action
which accepts or rejects the improvements, withholds approval, or
may extend the time allowed for installation of the improvements.
(3)
In lieu of a performance guarantee, at the discretion of the Land
Use Board, the applicant may place a deed restriction as a covenant
running with the land in a recorded deed to the property, requiring
all site improvements of the subdivision approval to be completed
prior to the issuance of a certificate of occupancy for any structure
on the property by the owner of the property at the time at which
the certificate of occupancy is sought, or in the alternative, at
the property owner's option, to pay an amount equal to the Township
Engineer's estimate of the costs of such improvements to the Township.
D.
Notification of acceptance. The Township Clerk shall immediately
notify the approving authority and the Municipal Engineer when the
performance guarantee has been approved and accepted by the governing
body.
E.
Requirement for preconstruction conference. Prior to beginning construction,
the developer shall arrange for a preconstruction conference between
the developer, contractor, and Municipal Engineer. All improvements
and utility installation shall be inspected during the time of their
installation under the supervision of the Municipal Engineer to insure
satisfactory completion. The Municipal Engineer shall be notified
by the developer five days in advance of the start of construction.
F.
Approval of Municipal Engineer. No work shall be done without permission
from the Municipal Engineer. A representative of the Municipal Engineer's
office shall, at the option of the Municipal Engineer, be present
at the time all work is performed. No underground installation shall
be covered until inspected and approved. The Municipal Engineer's
office shall be notified after each of the following phases of the
work has been completed so that he may inspect the work: road subgrade;
curb and gutter forms; curbs and gutters; road paving (after each
coat in the case of priming and sealing); drainage pipes and other
drainage structures before backfilling; shade trees and planting strips;
street name signs; and monuments.
G.
Utility inspection. Electrical, gas, telephone and all other utility
installations installed by utility companies shall also be subject
to the inspection requirements contained herein.
H.
Issuance of certificates of occupancy. Certificates of occupancy
will be issued only when the installation of curbs, utilities, functioning
water supply and sewage treatment facilities, necessary storm drainage
to insure proper drainage of the lot and surrounding land, rough grading
of lots, soil stabilization, base course for the street and driveway,
and sidewalks are installed to serve the lot and structure for which
the permit is requested. Streets shall not receive surface course
paving until all heavy construction is completed. Shade trees shall
not be planted until all grading and earth moving is completed. Seeding
of grass areas shall be the final operation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
I.
Limit of municipal liability. Inspection by the Municipal Engineer
of the installation of improvements and utilities shall not subject
the municipality to liability for claims, suits, or liability of any
kind that may arise because of defects or negligence in the design
or construction, it being recognized that the responsibility to provide
proper utilities and improvements and to maintain safe conditions
at all times on all parts of the tract whether construction is waiting
to start, is in progress, or is completed, or any combination of conditions
on all or part of the tract is upon the developer and his contractors
or subcontractors, if any.
J.
Application for final inspection and improvements. After completing
the construction of the improvements covered by the performance guarantee,
the subdivider shall prepare two sets of the improvements and utility
plans and the profiles amended to read "as constructed" and apply
to the governing body for final inspection of the work. The Municipal
Engineer shall, within 60 days of completing the inspection, report
in writing to the governing body 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.
K.
Action on improvements by governing body. 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, of the contents of said report and the action
of said approving authority with relation thereto.
L.
Rejection of improvements and requirements to complete. If any portion
of the required improvements is rejected, the approving authority
may require the obligor to complete such improvements, and upon completion,
the same procedure of notification, as set forth in this section,
shall be followed.
M.
Relationship of improvement approval and acceptance by Township.
The approval of any plat under this chapter by the approving authority
shall in no way be construed as acceptance of any street, drainage
system, or other improvement required by this chapter, nor shall such
plat approval obligate the Township in any way to maintain or exercise
jurisdiction over such street, drainage system, or other improvement.
Acceptance of any street, drainage system or other improvement shall
be implemented only by favorable action by the governing body.
N.
Maintenance guarantees.
(1)
Establishment. As a condition precedent to final release of any performance
guarantee, the governing body may require the developer to execute
a maintenance guarantee and post said guarantee with the Municipal
Clerk as a surety for maintenance and repair of all improvements required
to be installed by the developer. The maintenance guarantee shall
be for a period of two years from the date of final acceptance of
the improvements by resolution of the governing body, after recommendation
of acceptance by the Municipal Engineer, and its amount shall be equal
to 15% of the Municipal Engineer's estimate of the cost of construction
of required improvements. The maintenance guarantee shall apply only
to such repairs as may be necessitated by substandard original construction
or by damage by the developer in the course of development. In the
event that other governmental agencies or public utilities will own
the utilities to be installed, and the improvements are covered by
a performance or maintenance guarantee, as the case may be, it shall
be required also to run to the municipality for such utilities or
improvements.
(3)
Verification. All maintenance guarantees shall be presented to the
Municipal Clerk, who shall forward one copy of the guarantee to the
Township Engineer and one copy to the Township Attorney. The Township
Engineer shall advise the governing body and the Township Attorney
if the maintenance guarantee is executed in the correct amount, and
the Township Attorney shall notify the governing body as to the acceptability
of the maintenance guarantees in terms of their form and execution.
(4)
Records. The Township Clerk shall maintain a record of all maintenance
guarantees received by the Township in connection with development
approval and shall notify the Township Engineer 60 days prior to the
expiration date of such maintenance guarantees.
(5)
Release of forfeiture. Prior to the expiration date of any maintenance
guarantee or to the release of any maintenance guarantee, the Township
Engineer shall inspect the improvements and report to the governing
body concerning their condition and any deficiencies still existing.
Release of a maintenance guarantee shall be by resolution of the governing
body based on recommendation for release by the Township Engineer.
The governing body may cause a maintenance guarantee to be forfeited
if the report of the Township Engineer illustrates that deficiencies
in the bonded improvements exist at the time release is requested.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
All ordinances or parts of ordinances which are inconsistent
with the provisions of this chapter are hereby repealed to the extent
of such inconsistency. Upon the adoption of this chapter according
to law, all previously adopted procedural, subdivision, site plan
and zoning ordinances and their amendments are repealed. This chapter
shall not affect the New Jersey Right to Farm Act, N.J.S.A. 4:1C-1
et seq.
A.
Interpretation of minimum requirements. The provisions of this chapter
shall be held to be minimum requirements. Where any provision of this
chapter imposes restrictions different from those imposed by any other
provision of this chapter or any other ordinance, rule or regulation,
or other provision of law, whichever provision(s) is more restrictive
or imposes higher standards shall control.
B.
Interpretation of zoning district boundary lines. Zoning district
boundary lines are intended to follow street center lines, streams,
and lot or property lines unless otherwise indicated by dimensions
on the Zoning Map. Any dimensions shown shall be in feet, measured
horizontally and measured from the street right-of-way line even if
the center line of that street serves as a zoning district line. The
location of any disputed zoning district line shall be determined
by the Land Use Board. Zoning district lines extend vertically in
both directions from ground level.
[Amended 9-11-2014 by Ord. No. 14-06]
C.
Modification of district line. Where a zoning district line divides
a lot, the zoning district line may be modified by the owner by moving
the zoning district line up to the property line, provided the property
line is within 20 feet of the zoning district line as shown on the
Zoning Map. A use permitted in the zoning district so extended shall
thereafter be a permitted use in the extended area. A zoning district
line shall be altered only once by utilizing this section of the chapter,
after which the use shall be governed by the district in which it
is located after adjustment.
A.
Issuance of permits. No zoning permit, building permit, or certificate
of occupancy shall be issued for any parcel of land or structure which
was sold or on which improvements were undertaken in violation of
the provisions of this chapter or for use of a lot which was created
by subdivision after the effective date of and not in conformity with
the provisions of this chapter. No site improvements such as, but
not limited to, excavation or construction of public or private improvements
shall be commenced except in conformance with this chapter in accordance
with plat approvals and the issuance of required permits.
B.
Requirement for issuance of zoning permit prior to other permits.
[Amended 1-28-2010 by Ord. No. 10-01; 7-12-2012 by Ord. No. 12-06]
(1)
For both residential and commercial construction, a zoning permit
shall be issued by the Zoning Officer before the issuance of a building
permit.
(2)
For existing commercial buildings, a zoning permit is required prior
to a certificate of occupancy to the occupants of the building that
has had a change in ownership and/or tenant, even if the prior permitted
use would not change. Whenever there is a change in use, due to the
decision of the current owner/tenant and as determined by the Zoning
Officer, a zoning permit is required prior to a certificate of occupancy.
(3)
All applications for a zoning permit shall be accompanied by a verification
from the Hopewell Township Tax Collector indicating that no taxes
or assessments are due or delinquent on the property or properties
in question.
C.
Requirement for a certificate of occupancy.
[Amended 1-28-2010 by Ord. No. 10-01]
(1)
It shall be unlawful to use or permit the use of any building or
part thereof hereafter created, erected, changed, converted, altered
or enlarged, wholly or in part, until a certificate of occupancy has
been issued by the Construction Official. No certificate shall be
issued unless the land, building and use thereof comply with this
chapter; all matters incorporated on an approved subdivision or site
plan must have been completed and certified by the Municipal Engineer,
and the building and health codes are complied with.
(2)
No owner or agent thereof shall hereafter sell, rent, lease or let
to any person(s), whether or not for consideration, any commercial
building, in whole or in part, unless a zoning permit and certificate
of occupancy are obtained. For clarification purposes, real estate
transactions involving existing residential properties require a Code
Inspection Letter to be obtained prior the change in occupant habitation.
(3)
No tenant or occupant shall sublease, sublet, or permit use without
following the above requirements for permits.
(4)
Any real estate broker and/or agent rendering services to an owner
in the selling, renting, or leasing of a property shall be deemed
to be an agent of the owner and give notice to parties involved in
the real estate transaction as to the obligations of the permit requirements
section. In the event the agent is charged with a violation of this
section, the agent may present a notice to the owner to obtain a certificate
of occupancy, provided said notice is either sent by certified mail
with receipt or seller has affixed seller's signature to said notice.
D.
Fee for zoning permits and certificates of occupancy. Each request
for a zoning permit and a certificate of occupancy shall be accompanied
by a cash payment, check or bank money order payable to the Township
in the amount established in the fee schedule.
All uses not expressly permitted in this chapter are prohibited,
including but not limited to the following:
A.
Earth extraction other than that incidental to excavating or regrading
in connection with or in anticipation of building development or landscaping
the site.
B.
Piggeries and intensive livestock feed lots or buildings. The raising
of one pig for home consumption per family member in the agricultural
zone shall not be considered a piggery.
D.
Trailer parks.
E.
Dumping or disposal of waste or scrap material of any kind by any
person or the sufferance of such disposal upon any property by the
owner or occupant thereof. This subsection shall not apply to waste
agricultural product produced on the farm where deposited where applied
as an agricultural management practice.
F.
Junkyard, including automobile wrecking.
G.
Reduction or rendering of fish or animal products.
H.
Smelting of ore.
I.
Public auction marts.
J.
Distillation of bones, processing or refining or manufacture of acid,
gas, gypsum, asbestos or lime.
K.
Aboveground bulk storage (more than 10,000 gallons) of petroleum
products, or any other flammable liquids, solids, or gases other than
fertilizers.
L.
Trash or garbage incinerator.
M.
Acetylene gas producers, bauxite burners, asphalt and petroleum or
petrochemical refining or processing, alcoholic beverage producers,
ammonia manufacture, bleaching powder manufacture, celluloid manufacture.
fireworks or explosive manufacture or processing, match production,
tallow refinery, grease refinery, leather tanning storage or curing,
chemical manufacturing, sodium compound manufacturing, cement manufacturing,
or any other trade, industry or use that will be injurious, hazardous,
noxious, or offensive to an extent equal to or greater than those
here enumerated.
N.
Activities which involve substantial danger of fire, explosion, emission
of toxic and noxious matter, radiation, or other hazards, or which
create vibrations, smoke, heat, or humidity beyond the lot lines.
O.
Sale, manufacture, or distribution of any material deemed obscene
as defined by the decisions of the United States Supreme Court.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
P.
Kennels housing more than 50 dogs, including pups.
Q.
All classes of cannabis establishments, cannabis distributors and
cannabis delivery services as said terms are defined in Section 3
of P.L. 2021, c. 16,[1] but not the delivery of cannabis items and related supplies
by a delivery service. This prohibition shall also apply in those
parts of the Township of Hopewell, Cumberland County, under the jurisdiction
and authority of the Bostwick Lake Commission notwithstanding any
state law to the contrary.
[Added 5-17-2021 by Ord.
No. 21-11]
[1]
Editor's Note: See N.J.S.A. 24:6I-33.
[Amended 9-11-2014 by Ord. No. 14-06]
A.
Conflicts of interest. No member of the Land Use Board shall act
on any matter in which he has either directly or indirectly any personal
or financial interest. Wherever any such member shall disqualify himself
from acting on a particular matter, he shall not continue to sit with
the Board on the hearing of such matter nor participate in any discussion
or decision relating thereto.
B.
Meetings.
(1)
Meetings of the Land Use Board shall be scheduled no less than once
a month and any meeting so scheduled shall be held as scheduled unless
canceled for lack of applications for development to process.
(2)
Special meetings may be provided for at the call of the Chair or
on the request of any two Board members, which shall be held on notice
to its members and the public in accordance with all applicable legal
requirements.
(3)
No action shall be taken at any meeting without a quorum being present.
(4)
All actions shall be taken by majority vote of a quorum except as
otherwise required by any provision of N.J.S.A. 40:55D-1 et seq.
(5)
All regular meetings and all special meetings shall be open to the
public. Notice of all such meetings shall be given in accordance with
the requirements of the Open Public Meetings Law (N.J.S.A. 10:4-6).
C.
Minutes. Minutes of every regular or special meeting shall be kept
and include the names of the persons appearing and addressing the
Board and of the persons appearing by attorney, the action taken by
the Board, the findings, if any, made by it and reasons therefor.
The minutes shall, thereafter, be made available for public inspection
during normal business hours at the office of the Municipal Clerk.
Any interested party shall have the right to compel production of
the minutes for use as evidence in any legal proceeding concerning
the subject matter of such minutes. Such interested party may be charged
a fee for reproduction of the minutes for his use as provided for
in the rules of the Board.
D.
Fees for Board administration. Fees for applications or for the rendering
of any service by the Land Use Board or any member of its administrative
staff which is not otherwise provided by ordinance may be provided
for and adopted as part of the rules of the Board, and copies of said
rules or of the separate fee schedule shall be available to the public.
Applicants shall be required to post escrow deposits for review and
inspection in amounts to be determined by the Township Engineer.
E.
Hearings.
(1)
When required. Hearings shall be required for the following:
(a)
Preliminary approval of all site plans.
(b)
Preliminary approval of major subdivisions.
(c)
Conditional uses pursuant to N.J.S.A. 40:55D-67.
(d)
Bulk variances pursuant to N.J.S.A. 40:55D-70c.
(e)
Use variances pursuant to N.J.S.A. 40:55D-70d.
(f)
Issuance of a permit to build a structure in the bed of a mapped
street, drainageway, flood control basin, or public area reserved
on the Official Map pursuant to N.J.S.A. 40:55D-34.
(g)
Issuance of a permit for a building of structure not related
to a street pursuant to N.J.S.A. 40:55D-36.
(2)
Rules. The Land Use Board may make rules governing the conduct of
hearings before such bodies, which rules shall not be inconsistent
with the provisions of N.J.S.A. 40:55D-1 et seq. or of this chapter.
(3)
Oaths. The officer presiding at the hearing or such persons as he
may designate shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and documents presented by the
parties, and the provisions of the County and Municipal Investigations
Law, N.J.S.A. 2A:67A-1 et seq., shall apply.
(4)
Testimony. 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 to cross examination shall be permitted to all
interested parties through their attorneys, if represented, or directly,
if not represented, subject to the discretion of the presiding officer
and to reasonable limitations as to time and number of witnesses.
(5)
Evidence. Technical rules of evidence shall not be applicable to
the hearing, but the Board may exclude irrelevant, immaterial or unduly
repetitious evidence.
(6)
Records. Each board shall provide for the verbatim recording of the
proceedings by either stenographic, mechanical or electronic means.
The Board shall furnish a transcript or duplicate recording in lieu
thereof on request to any interested party at their expense.
(7)
Hearing for relief from regulations. Whenever relief is requested
from the terms of this chapter, notice of a hearing on the application
for development shall include reference to the request for a variance
or direction for issuance of a permit, as the case may be.
F.
List of property owners furnished. Pursuant to the provisions of
N.J.S.A. 40:55D-12c, the Township Tax Assessor shall, within seven
days after receipt of a request therefor, and upon receipt of a payment
of a sum not to exceed $0.25 per name or $10, whichever is greater,
make and certify a list from the current tax duplicate of names and
addresses of owners to whom the applicant is required to give notice.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
G.
Payment of taxes. Pursuant to the provisions of N.J.S.A. 40:55D-39
and 40:55D-65, every application for development submitted to the
Land Use Board shall be accompanied by proof that no taxes or assessments
for local improvements are due or delinquent on the property which
is the subject of such application; or, if it is shown that taxes
or assessments are delinquent on said property, any approvals or other
relief granted by the Board shall be conditioned upon either the prompt
payment of such taxes or assessments or the making of adequate provisions
for the payment thereof in such manner that the municipality will
be adequately protected.
These regulations shall not be construed as altering any action
taken by virtue of prior existing subdivision, site plan, or zoning
regulations.
Site plan approval shall be required for all developments except
the following:
A.
Building permits for individual lot applications involving only detached
one- or two-dwelling unit buildings.
B.
Accessory uses such as a private garage (unless it is part of an
apartment or townhouse project).
C.
A sign for an existing use or structure which meets all applicable
zoning requirements as determined by the Zoning Officer.
D.
Other building incidental to residential or agricultural land use.
E.
In connection with the alteration or repair of an existing building
or use when the Zoning Officer determines that all of the following
are applicable to the said alteration or repair:
(1)
Will not result in additional coverage;
(2)
Will conform to the maximum and minimum building standards set forth
in the Zoning Ordinance;
(3)
Will not increase the number of required off-street parking or loading
spaces; and
(4)
Is not proposed in connection with a use requiring conditional use
approval by the Zoning Ordinance or change in use.
F.
Accessory building.
[Added 3-24-2016 by Ord.
No. 16-03]
(1)
An accessory building that will be added to a property that is already
developed or otherwise dedicated to a commercial use, provided that
the Zoning Officer is satisfied that the proposed building will conform
to the following standards or criteria:
(a)
The footprint of the building shall not encompass an area in
excess of 400 square feet;
(b)
The building shall otherwise conform to all of the applicable
bulk standards of the zoning district;
(c)
The building shall be used, exclusively, for storage of the
personal property of the owner or occupant of the subject premises;
and
(d)
The building shall not be used in such manner as shall result
in or cause patrons of the commercial enterprise or the members of
the general public to enter the structure for any purpose.
(2)
Moreover, the Zoning Officer shall not permit more than one such
structure to be added to an existing commercial enterprise; any attempt
to add a second or subsequent structure shall require site plan review
and approval.
Where a street or public way serves as the zoning district line
and it is lawfully vacated, the former center line shall be considered
the zoning district line.
If any section, paragraph, clause, or other provision of this
chapter shall be determined by the courts to be invalid, such adjudication
shall apply only to the section, paragraph, clause, or provision so
adjudged and the remainder of this chapter shall be deemed valid and
effective.
A.
Penalty. Violations of the zoning provisions of this chapter by any
owner or lessee or other person shall constitute disorderly conduct
and each twenty-four-hour violation shall be deemed a separate offense
punishable by imprisonment not to exceed 30 days or a fine not to
exceed $1,000 or both such fine or imprisonment.
B.
Subdivisions: selling before approval.
(1)
If, before final subdivision approval has been granted, any person
transfers or sells or agrees to transfer or sell, except pursuant
to an agreement expressly conditioned on final subdivision approval,
as owner or agency, any land which forms a part of a subdivision for
which Township approval is required by ordinance such person shall
be subject to a penalty not to exceed $1,000, and each lot disposition
so made may be deemed a separate violation. In addition to the foregoing,
the Township may institute and maintain a civil action:
(2)
In any such action, the transferee, purchaser or grantee shall be
entitled to a lien upon the portion of the land from which the subdivision
was made that remains in the possession of the developer or his assigns
or successors, to secure the return of any deposits made or purchase
price paid, and also a reasonable search fee, survey expense and title
closing expense, if any. Any such action must be brought within two
years after the date of the recording of the instrument of transfer,
sale or conveyance of said land or within six years, if unrecorded.
C.
Site plan approval. Any development subject to site plan review regulations shall not be instituted and no building permit issued therefor until final site plan approval has been granted by a duly constituted approving authority. A building permit or certificate of occupancy issued for a development after receipt of final approval by a duly constituted approving authority shall remain valid only so long as the terms and conditions of said final approval are fully complied with. Any such development that violates any of the terms and conditions of site plan approval shall be found by the responsible building official to be in violation of the terms of this chapter and shall be subject to penalties provided for such violation set forth in § 220-26A.
A.
An owner or person in possession of real estate may hold a yard or
tag sale no more than three times in any calendar year upon obtaining
a permit from the Zoning Officer. The tag or yard sale shall not exceed
four consecutive days. Tax-exempt organizations are exempt from obtaining
a permit under this subsection. The permit fee for such a sale shall
be $5.
B.
A maximum of four temporary off-premises directional signs measuring
not over 12 inches by 18 inches each for tag sales, bazaars, fairs
and sales such as church food sales are permitted. Signs must be removed
by the permittee within three days after the event.
The zoning districts shall be as shown on the accompanying map
and enumerated in the Schedule of District Regulations.[1]
[1]
Editor's Note: Schedule A, District Regulations, is included
as an attachment to this chapter.
The following uses are permissible in the zoning districts indicated.
No use which is not expressly authorized shall be permissible. In
the event of any uncertainty or conflict, this section shall be controlling
over the Schedule of District Regulations. No more than one principal
use structure shall be permitted on a lot.
A.
Professional/Retail: PR.
(1)
Permitted uses:
(a)
Professional service businesses such as medical, legal, accounting,
and similar professional practices.
(b)
Personal service businesses such as hairdressers, barbershops,
insurance agencies and travel agencies.
(c)
Banks and similar financial service establishments.
(d)
General business, governmental and institutional offices and
office buildings.
(e)
Medical clinics and hospitals.
(f)
Stores and shops for the conduct of retail businesses.
(2)
Accessory uses which are customarily incidental to the principal
permitted use on the lot.
(3)
Conditional uses.
(a)
On the south side of Route 49, multiple-family residential dwellings
at a density of five units to the acre, including multiplexes, garden
apartments, townhouses, on the following conditions:
[1]
Any such unit must be connected to public sewer.
[2]
Access to any such unit must be from Roadstown Road rather than
Route 49.
[3]
The use is situated in such a manner that it does not conflict
with existing business uses on adjacent lots.
[4]
The use is of a size and design that will not create any unreasonable
adverse traffic, drainage, noise or environmental impact on surrounding
properties.
[5]
The use shall be buffered with a planted buffer 40 feet wide
buffering it from all adjacent uses.
[6]
The following bulk requirements shall apply to any such use:
(b)
Public parks and playgrounds.
(c)
Motels and hotels on the following conditions:
[1]
Any such unit must be connected to public sewer.
[2]
Access to any such unit must be from Roadstown Road rather than
Route 49.
[3]
The use is situated in such a manner that it does not conflict
with existing business uses on adjacent lots.
[4]
The use is of a size and design that will not create any unreasonable
adverse traffic, drainage, noise or environmental impact on surrounding
properties.
[5]
The use shall be buffered with a planted buffer 20 feet wide
buffering it from all adjacent uses.
[6]
Lot dimensions and setbacks, height and lot coverage shall be
the same as for this use in the HCB Zone.
(d)
Minor expansions of existing single-family dwellings on the
condition that such expansion will not unreasonably conflict with
commercial uses.
(4)
The following requirements shall apply to all uses in the PR Zone:
[Amended 6-13-2007 by Ord. No. 07-03]
(a)
All uses shall be connected to the existing public sewer system.
(b)
All uses must comply with NJDOT highway access requirements.
(c)
Wherever possible, access to a use in the PR Zone should be
from a feeder road, such as West Park Drive, Barrett Run Road, or
the like, rather than directly from Route 49.
(d)
All parking shall be in accordance with the parking requirements
of the site plan sections of this chapter and signs shall be in compliance
with the sign requirements of this chapter.
B.
Highway Commercial Business: HCB.
(1)
Permitted uses:
(a)
Professional service businesses such as medical, legal, accounting,
and similar professional practices.
(b)
Personal service businesses such as hairdressers, barbershops,
insurance agencies and travel agencies.
(c)
Sales and service of minor equipment and appliances.
(d)
Banks and similar financial service establishments.
(e)
Business, governmental and institutional offices and office
buildings.
(f)
Theaters and assembly halls.
(g)
Restaurants.
(h)
Retail automobile showrooms and vehicle sale lots.
(i)
Gasoline service stations and car washers and repair garages.
(j)
Public utility uses.
(k)
Medical clinics and hospitals.
(l)
Motels and hotels.
(m)
Indoor commercial recreation facilities such as sports facilities
and fitness centers.
(n)
Public transit facilities.
(o)
Agricultural use/purpose activities such as farm markets, nurseries
and garden centers.
(p)
Stores and shops for the conduct of retail business.
(q)
Retail and combined retail/wholesale sales and service of food,
household and clothing goods and new auto part sales.
(r)
Full-service restaurants, licensed pursuant to Title 33 of the
New Jersey Revised Statutes, to sell alcoholic beverages. Full-service
restaurants shall be required to provide full menu service and seating
for not less than 150 persons. Full-service restaurants shall not
be permitted in any other zoning district other than HC and HCB.
[Added 3-24-2011 by Ord.
No. 11-03]
(s)
Banquet facility.
[Added 3-24-2011 by Ord.
No. 11-03]
(2)
Accessory uses which are customarily incidental to the principal
permitted use on the lot.
(3)
Conditional uses.
(a)
Educational, long-term care and religious institutions on the
following conditions:
[1]
Any such unit must be connected to public sewer.
[2]
The use is situated in such a manner that it does not conflict
with existing business uses on adjacent lots.
[3]
The use is of a size and design that will not create any unreasonable
adverse traffic, drainage, noise or environmental impact on surrounding
properties.
[4]
The use shall be buffered with a planted buffer 20 feet wide
buffering it from all adjacent uses.
[5]
The following bulk requirement shall apply to any such use:
(b)
Cultural uses such as an auditorium, library or museum.
[1]
Any such unit must be connected to public sewer.
[2]
The use is situated in such a manner that it does not conflict
with existing business uses on adjacent lots.
[3]
The use is of a size and design that will not create any unreasonable
adverse traffic, drainage, noise or environmental impact on surrounding
properties.
[4]
The use shall be buffered with a planted buffer 20 feet wide
buffering it from all adjacent uses.
[5]
The following bulk requirement shall apply to any such use:
(c)
On the south side of Route 49, Multiple-family residential dwellings
at a density of five units to the acre including multiplexes, garden
apartments, townhouses, on the following conditions:
[1]
Any such unit must be connected to public sewer.
[2]
Access to any such unit must be from a feeder Road rather than
Route 49.
[3]
The use is situated in such a manner that it does not conflict
with existing business uses on adjacent lots.
[4]
The use is of a size and design that will not create any unreasonable
adverse traffic, drainage, noise or environmental impact on surrounding
properties.
[5]
The use shall be buffered with a planted buffer 40 feet wide
buffering it from all adjacent uses.
[6]
The following bulk requirement shall apply to any such use:
(d)
Public parks and playgrounds.
(e)
Minor expansions of existing single-family dwellings on the
condition that such expansion will not unreasonably conflict with
commercial uses.
(4)
The following requirements shall apply to all uses in the HCB Zone:
(a)
All uses shall be connected to the existing public sewer system.
(b)
All uses must comply with NJDOT highway access requirements.
(c)
Wherever possible, access to a site should be from a feeder
road such as West Park Drive, Barrett Run Road or the like rather
than directly from Route 49.
(d)
All parking shall be in accordance with the parking requirements
of the site plan sections of this chapter and signs shall be in compliance
with the sign requirements of this chapter.
C.
Highway Commercial: HC.
[Amended 9-23-2010 by Ord. No. 10-04; 3-24-2011 by Ord. No. 11-03; 9-22-2011 by Ord. No. 11-07]
(1)
Permitted uses.
(a)
Sales and service of minor equipment and appliances.
(b)
General business, governmental and institutional offices and
office buildings.
(c)
Banks and similar financial services.
(d)
Professional services such as medical, legal, accounting, etc.
(e)
Public utility uses.
(f)
Agricultural use/purpose activities, such as farm markets, nurseries,
garden centers.
(g)
Business and corporate centers.
(h)
Medical laboratories and research centers.
(i)
Wholesale businesses.
(j)
Assembly and fabrication of products from previously prepared
materials, including retail and wholesale sales of such products.
(k)
Agricultural materials and equipment sales and service.
(l)
Full-service restaurants, licensed pursuant to Title 33 of the
New Jersey Revised Statutes, to sell alcoholic beverages. Full-service
restaurants shall be required to provide full menu service and seating
for not less than 150 persons. Full-service restaurants shall not
be permitted in any other zoning district other than HC and HCB.
(m)
Banquet facility.
(2)
Accessory uses which are customarily incidental to the principal
permitted use on the lot.
(3)
Conditional uses.
(a)
Educational, medical and long-term care institutions: two acres,
200-foot frontage.
(b)
Food services as part of a business park or other large complex
of buildings: no minimum.
(c)
Restaurant, not including drive-ins, with indoor seating for
at least 60: one acre, 250-foot frontage.
(d)
Retail sale of food and food-related products, whether prepared
on or off the premises, and regardless whether for consumption on
or off the premises: two acres, 200-foot frontage.[1]
(e)
Setback requirements shall be those of the HC Zone.
(4)
The following conditions shall be required of any conditional use:
(a)
Connection to the existing public sewer system.
(b)
Location so that the same does not unreasonably conflict with
adjacent business uses.
(c)
Vegetative buffering from any adjacent use with a twenty-foot
planted buffer; provided, however, that if the adjacent use is residential
in nature (i.e., whether zoned residential or actually residential),
then the vegetative buffer shall be a forty-foot planted buffer.
(d)
The use is of a size and design that will not create any unreasonable
adverse traffic, drainage, noise or environmental impact on surrounding
properties.
(e)
All uses must comply with NJDOT highway access requirements.
D.
Agricultural zone: A.
(1)
Agricultural materials and equipment, sales and service, agricultural
product processing of crops produced on the farm of the processor.
(2)
General purpose agriculture not including livestock feed lots or
other intensive animal feeding operations.
(3)
Single-family residences.
(4)
All accessory agricultural buildings.
(5)
Airports as a conditional use. The conditions are that the location
of the runway, hangers and parking areas shall not be in such proximity
to residential uses as to expose those uses to unreasonable noise.
Such use shall have the same lot size and bulk requirements as a farm
in the A Zone.
(6)
No new lots shall be subdivided in this zone unless fronting on an
existing dedicated and improved public road.
E.
A-B Agricultural/Business Zone.
[Amended 6-13-2007 by Ord. No. 07-03; 9-22-2011 by Ord. No. 11-07]
|
Min Lot
(acres)
|
Min. Width
(feet)
|
Front Min.
(feet)
|
Side Yard Setback
(feet)
|
Rear Setback
(feet)
|
Height Max.
(feet)
|
Lot Coverage Max %
| ||||
|---|---|---|---|---|---|---|---|---|---|---|
|
Permitted Uses
| ||||||||||
|
1)
|
All uses permitted in the A Agricultural District
| |||||||||
|
a.
|
Residential
|
1.5
|
250
|
100
|
25
|
50
|
35
|
20%
| ||
|
2)
|
Farm or construction machinery sales or service
|
2.0
|
250
|
50
|
25
|
50
|
35
|
50%
| ||
|
3)
|
Food processing, storage and distribution, such as dairies,
canneries, and other such packaging facilities
|
10
|
500
|
100
|
100
|
200
|
50
|
40%
| ||
|
Conditional Uses
| ||||||||||
|
1)
|
Contractors office and storage facilities
|
1.5
|
250
|
50
|
25
|
50
|
35
|
50%
| ||
|
2)
|
Wholesale warehousing and distribution facilities
|
5.0
|
350
|
100
|
50
|
100
|
50
|
50%
| ||
|
3)
|
Light manufacturing operations such as pharmaceuticals, glass
and ceramics, electronic parts, metal and plastic products, and small
parts assembly
|
5.0
|
350
|
100
|
50
|
100
|
50
|
40%
| ||
|
4)
|
Concrete, wood, and metal products manufacture and fabrication
|
10
|
500
|
100
|
100
|
200
|
50
|
40%
| ||
|
5)
|
Scientific and research laboratories
|
3
|
250
|
50
|
50
|
50
|
50
|
40%
| ||
|
6)
|
Commercial printing plants
|
2
|
250
|
50
|
25
|
50
|
35
|
50%
| ||
|
7)
|
Education, medical care, nursing, medical research, correctional,
religious, and public service institutions
|
3
|
250
|
50
|
25
|
50
|
50
|
50%
| ||
|
8)
|
Service uses for 7) in close proximity thereto such as shopping
areas, restaurants, and professional services
|
2
|
250
|
50
|
25
|
50
|
35
|
60%
| ||
|
9)
|
Cultural uses such as auditorium, library, arena, or museum
|
1.5
|
250
|
50
|
25
|
50
|
50
|
50%
| ||
|
10)
|
Cemetery
|
10
|
500
|
100
|
50
|
100
|
35
|
N/A
| ||
|
11)
|
Telephone and communications transmission stations
|
2
|
250
|
50
|
25
|
50
|
100
|
30%
| ||
|
12)
|
Public utility facilities such as transformer stations, pumping
stations and maintenance facilities
|
1.5
|
250
|
50
|
25
|
50
|
50
|
60%
| ||
|
13)
|
Airports under federal and state regulations
|
10
|
500
|
100
|
50
|
100
|
35
|
50%
| ||
|
14)
|
Public and private membership recreational facilities such as
golf courses, indoor fitness centers, etc.
|
2
|
250
|
50
|
25
|
50
|
35
|
30%
| ||
|
15)
|
Office centers
|
2
|
250
|
50
|
25
|
50
|
50
|
60%
| ||
|
16)
|
Professional centers
|
2
|
250
| |||||||
|
17)
|
Senior multiunit housing under the conditional use standards
of the PR Zone (properties north of Roadstown Road Only)
| |||||||||
(1)
NOTE: The following conditions shall be satisfied by the applicant
in proofs to the Land Use Board prior to any conditional use being
granted:
(a)
The nature of the use, its physical location on the lot, the
level of activity which will take place in connection with the use,
and the noise, traffic, light, glare and emissions shall be such that
residential or agricultural premises adjacent to the proposed conditional
use shall not be disturbed thereby. It is the purpose of this section
to keep the general atmosphere of residential and agricultural properties
in the A-B Zone as they exist without any significant increase in
the disturbances resulting from urbanization and development.
(b)
The use must be located on, or with direct physical access to,
an improved public road already improved to a standard adequate to
accommodate all traffic projected to be generated by the proposed
use. In the event that the Land Use Board determines that it is necessary
to have a professional traffic study in order to decide whether this
condition has been satisfied, it may require such a study to be provided
by the applicant as part of the conditional use application.
(c)
The use shall emit no smoke, fumes, odors, or air emissions,
or liquid waste, or effluent which will carry beyond the property
lines of the property on which the use is situated, which emission
would in any manner adversely affect the enjoyment or occupancy of
adjacent properties. In the event that the use emits any type of liquid
waste requiring treatment, the use shall not be approved unless it
is connected to a municipal sanitary sewer line, with whatever pretreatment
of such waste as may be required according to the regulations of the
Cumberland County Utilities Authority.
(d)
The use shall not involve the storage, outside of buildings,
of raw materials, fuel, or the products or commodities handled by
the facility, or any waste products or other materials of any kind,
unless such storage is completely buffered by natural vegetative plantings
so as to be invisible from any public roadway or adjacent property.
(e)
All conditional uses shall have adequate on-site parking, approved
pursuant to site plan approval, which will insure that all parking
of motor vehicles in relation to the use will be on the private property
of the use, and will allow a safe and reasonable traffic flow within
the site, as well as safe access to the public road, with adequate
sight distances, and adequate improvement to insure safe access and
preservation of the public roadway.
(f)
No use shall generate solid waste requiring disposal unless
the applicant demonstrates to the Land Use Board that the maximum
practicable effort to recycle solid waste generated at the site has
been provided and that the applicant has a reliable and fully licensed
method of solid waste disposal which will insure that no solid waste
will be accumulated at the property, and that the same will be properly
disposed of, in accordance with all governmental regulations, on a
regular basis, at the sole cost and expense of the applicant.
(g)
The Board shall be satisfied that the proposed conditional use
will not result in the introduction of the appearance or atmosphere
of urbanization or the installation of linear extensions of infrastructure,
which will generate urbanization, other than in areas of the A-B Zone
which are adjacent to or in reasonable proximity to existing development.
The purpose of this condition is to avoid locating a commercial use
at a remote location in the A-B Zone, far from any existing development,
which would change the nature and atmosphere of the area adjacent
to the use from a rural, agricultural area to a commercial area. It
is the purpose of this condition to encourage growth out from existing
elements and infrastructure of urbanization rather than to locate
such uses at remote scattered locations.
(h)
Any applicant for conditional use shall demonstrate, as a condition
for approval of the use, that the applicant has all state, federal,
county and local permits required for the use, or the acquisition
of such permits shall be an express condition upon the approval of
the conditional use.
F.
G.
R-2 Zone.
H.
R-3 Zone.
J.
V Zone (Village).
(1)
Permitted uses.
(2)
Area and bulk requirements.
(a)
Site size: 30,000 square feet.
(b)
Minimum lot size per building: 30,000 square feet.
(c)
Building setbacks.
[1]
Front lot line. In blocks where structures have already been
erected, the average setback line observed by buildings on the same
side of the street within 200 feet on each side of any vacant lot
proposed for construction shall determine the setback of all structures
on such lot, not to exceed 50 feet and not to be less than 15 feet.
[2]
Side lot line: 15 feet.
[3]
Back lot line: 25 feet.
(d)
Maximum height permitted: 35 feet.
(e)
Lot coverage, maximum percentage of gross lot area for:
[1]
Impervious materials and buildings: 30%.
(f)
Lot width minimum: 100 feet of frontage at the road and 100
feet at the building line.[3]
[3]
Editor's Note: Original § 4.27, Affordable housing
production based upon growth share, added 7-13-2005 by Ord. No. 05-05,
and § 4.28, Affordable housing developer fee, added 7-13-2005
by Ord. No. 05-06, which immediately followed this section, were repealed
2-13-2014 by Ord. No. 14-02.
