Township of Union, NJ Land Use

The purpose of this chapter is the implementation of the Comprehensive Master Plan for Union Township exercising the authority delegated to municipalities under the Municipal Land Use Law C.P.L. 1975, c. 291 to regulate development in conformance with the purposes of the law:

To encourage municipal action to guide the appropriate use or development of all lands in this State, in a manner which will promote the public health, safety, morals, and general welfare;

To secure safety from fire, flood, panic and other natural and man-made disasters.

To provide adequate light, air and open space;

To ensure that the development of individual municipalities does not conflict with the development and general welfare of neighboring municipalities, the County and the State as a whole;

To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities and regions and preservation of the environment, promoting a community land use pattern which recognizes historical, cultural, and natural features within Union Township which make it unique;

To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land policies.

To provide sufficient space in appropriate locations for a variety of agricultural, residential, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all New Jersey citizens; providing standards for all types of dwelling units so that all the people may have access to decent, sound, and sanitary housing and; by directing future development, including a wide range of housing types at varying densities into areas where appropriate community services and facilities can be most adequately provided;

To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging the location of such facilities and routes which result in congestion and blight;

To promote a visual environment through creative development techniques and good civic design and arrangements by protecting historic features, including structures, sites, waterways, villages, and landscapes, which have a special character or use and which affect or are affected by their environment.

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 by providing for the protection of critical natural resources, including wetlands, prime agricultural soils, steep slopes, aquifer recharge, and other areas of hazardous geologic and topographic features;

To encourage planned unit development which incorporates the best features of design and relate the type, design and layout of residential, commercial, industrial and recreational development to the particular site;

To encourage senior citizen community housing construction;

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 the land;

To promote the conservation of energy through the use of planning practices designed to reduce energy consumption and to provide for maximum utilization of renewable energy sources;

To assist orderly, efficient and integrated development of land;

To provide for the coordination of existing streets and public utilities with new facilities;

To provide for efficient and orderly extension of community services and facilities at minimum cost and maximum convenience.

To ensure equitable handling of all subdivision and site plans by developers and subdividers by providing uniform procedures and standards for observance.

§ 30-2 DEFINITIONS.

[Ord. No. 85-9, §§ 2.00, 2.01; Ord. No. 86-4, § 1; Ord. No. 86-10, § 1; Ord. No. 88-5, § 1; Ord. No. 88-11, § 1; Ord. No. 90-2, § 1; Ord. No. 93-4, § 1; Ord. No. 93-11, § 1; Ord. No. 94-8, § 1; Ord. No. 94-9, § 1; Ord. No. 95-8, § 1; Ord. No. 96-16, § 1; Ord. No. 96-17, § 1; Ord. No. 98-7, § I; Ord. No. 2001-8, §§ 5, 8, 10; Ord. No. 2002-01, § 1; Ord. No. 2003-3; Ord. No. 2004-10, §§ 2, 5; Ord. No. 2011-10, § 1; Ord. No. 2014-3 § 2; Ord. No. 2015-6 § 1]

General.

Unless a contrary intention appears, the following words and phrases shall have for the purposes of this chapter the meanings given in the following clauses.

For the purpose of this chapter, words and terms used herein shall be interpreted as follows:

(a)

Words used in the present tense include the future.

(b)

The singular includes the plural.

(c)

The word "person" includes a corporation, partnership, and association, as well as the individual.

(d)

The word "lot" includes the word "plot" or "parcel".

(e)

The term "shall" is mandatory.

(f)

The words "used" and occupied" as applied to any land or structure shall be construed to include the words "intended, arranged, or designed to be occupied."

As used in this chapter:

ACCEPTED NURSERY PRACTICES

Shall mean all practices that are conducted in compliance with all Federal, State, County and/or local laws and/or regulations and/or the Recommended Practices articulated in ANSI A300.

ACCESSORY STRUCTURE OR USE

Shall mean a building, structure or use which is customarily associated with and is subordinate and incidental to the principal building, structure or use and which is located on the same lot therewith. An accessory building attached to the principal building shall comply in all respects with the requirements applicable to the principal building.

ACCESSWAY

Shall mean a way for vehicular and foot traffic leading from any street.

ACRE

Shall mean 43,560 square feet.

ACT

Shall mean the New Jersey Municipal Land Use Law, Chapter 291 of the Laws of 1975, as supplemented and amended.

ADMINISTRATIVE OFFICER

Shall mean the Clerk of the municipality unless a different municipal official or officials are designated by ordinance or statute.

AFFORDABLE HOUSING

Shall mean a dwelling unit that is restricted to occupancy and sale to persons of low and moderate income as established by the New Jersey Council on Affordable Housing, and in accordance with the Township's Affordable Housing Plan.

AGRICULTURAL SOILS

Shall mean soils classified in the Soil Survey of Hunterdon County, New Jersey, U.S. Department of Agriculture, Soil Conservation Service, November, 1974. The term, unless otherwise specified, refers to land capability classes I, II, and III; those soils which may be considered prime agricultural soils.

ALLEY (SERVICE STREET)

Shall mean a minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.

ALTERATIONS

Shall mean and include, but are not limited to, the following:

All incidental changes or replacement in the nonstructural parts of a building or other structure.

Minor changes or replacements in the structural parts of a building or other structure, including, but not limited to, the following examples:

(a)

Alteration of interior partitions to improve livability in nonconforming residential buildings, provided no additional dwelling units are created thereby.

(b)

Alteration of interior partitions in all other types of buildings or other structures.

(c)

Constructing windows or doors in exterior walls.

(d)

Strengthening the load bearing capacity in not more than 10% of the total floor area to permit the accommodation of a specialized unit of machinery or equipment.

(e)

Removal of the building from one location to another.

APPLICANT

Shall mean a person, partnership, corporation, or public agency requesting permission to engage in land development or land disturbance.

APPLICATION FOR DEVELOPMENT

Shall mean the fully and properly completed application form and all accompanying documents and information required by this chapter, within the relevant development application checklist, unless waivers for such information have been granted by the Board having jurisdiction, and all requisite fees submitted in a manner that would allow the application to be deemed complete in accordance with the Act and this chapter, for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to Section 25 (C. 40:55D-34); or Section 27 (C. 40:55D-36) of the Act.

[Ord. No. 2014-3 § 2]

APPROVED WOODLAND MANAGEMENT PLAN

Shall mean a Woodland Management Plan that has been reviewed and endorsed by the Union Township Planning Board following review and report to the Board by the Environmental Commission, Tree Committee.

APPROVING AUTHORITY

Shall mean the Union Township Planning Board unless a different agency is designated by ordinance when acting pursuant to the authority of the Act.

AREA OF A SIGN

Shall mean the total area of a sign including all borders and trim but not structural elements.

BASAL AREA

Shall mean the cross sectional area of a tree measured at a point 4.5 feet above the surface of the natural grade.

BASE SITE AREA

See Site Area, Base.

BASEMENT

Shall mean an enclosed area partly or completely below grade. It shall be considered a building story if more than 1/3 of the perimeter walls are five feet or more above grade and if the net area of the door or window openings in the exterior walls is equal to at least 10% of the enclosed floor area.

BILLBOARD

See Sign, Outdoor Advertising.

BOARD OF ADJUSTMENT

Shall mean the Union Township Board of Adjustment established pursuant to Section 56 (C. 40:55D-69) of the Act.

BOARDER, ROOMER, LODGER

Shall mean a person occupying any room or group of rooms forming a single, habitable unit used or intended to be used for living and sleeping but not for cooking or eating purposes, and paying compensation for lodging or board and lodging by prearrangement for a week or more at a time to the owner or operator. Any person occupying such room or rooms and paying such compensation without prearrangement or for less than a week at a time shall be classified for the purposes of this chapter not as a roomer, boarder, or lodger but as a guest of a commercial lodging establishment (motel, hotel, tourist home).

BUFFER YARD

Shall mean a strip of required yard space adjacent to the boundary of a property, district, road, street, or highway, not less in width than is designated in this chapter, and on which is placed year-round shrubbery, hedges, evergreens, or other suitable plantings of sufficient height and density to constitute an effective screen and to give maximum protection and immediate screening to an abutting property or district. A buffer yard may include a wall or fence or a solid wall or fence, provided that such wall or fence is screened or constructed in such a manner that it will not conflict with the character of the abutting district.

BUILDING

Shall mean a combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.

BUILDING SETBACK LINE

Shall mean the line parallel to the proposed right-of-way line at a distance therefrom equal to the depth of the front yard required for the district in which the lot is located; provided that, in the case of a lot situated at the end of a cul-de-sac where the side lines are divergent, the building setback line shall be where lot width first coincides with the required minimum lot width but in no case closer to the street than the required front yard.

BULK

Shall mean the term used to describe the size of buildings or other structures and their relationship to each other, to open areas such as yards, and to lot lines, and therefore included;

The size, including height and floor area, of a building or other structure;

The relation of the number of dwelling units in a residential building to the area of the lot; and

All open areas in yard space relating to buildings and other structures.

CALIPER

Shall mean a measurement of the size of a tree equal to the diameter of its trunk measured 4 1/2 feet above natural grade.

CANNABIS CULTIVATOR

Any person or entity holding a Class 1 cannabis cultivator license issued by the State of New Jersey that grows, cultivates, or produces cannabis in the State of New Jersey, and sells, and may transport, this cannabis to other cannabis cultivators, or usable cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.

[Added 6-16-2021 by Ord. No. 2021-5]

CANNABIS DELIVERY

The transportation of cannabis items and related supplies to a consumer. “Cannabis delivery” also includes the use by a licensed cannabis retailer of any third-party technology platform to receive, process, and fulfill orders by consumers, which third party shall not be required to be a licensed cannabis establishment, distributor, or delivery service, provided that any physical acts in connection with fulfilling the order and delivery shall be accomplished by a certified cannabis handler performing work for or on behalf of the licensed cannabis retailer, which includes a certified cannabis handler employed or otherwise working on behalf of a cannabis delivery service making off-premises deliveries of consumer purchases fulfilled by that cannabis retailer.

[Added 6-16-2021 by Ord. No. 2021-5]

CANNABIS DELIVERY SERVICE

Any person or entity holding a Class 6 cannabis delivery license issued by the State of New Jersey that provides courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to make deliveries of the cannabis items and related supplies to that consumer, and which services include the ability of a consumer to purchase the cannabis items directly through the cannabis delivery service, which after presenting the purchase order to the cannabis retailer for fulfillment, is delivered to that consumer.

[Added 6-16-2021 by Ord. No. 2021-5]

CANNABIS DISTRIBUTOR

Any person or entity holding a Class 4 cannabis distributor license issued by the State of New Jersey that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator, or transports 40 cannabis items in bulk intrastate from any one class of licensed cannabis establishment to another class of licensed cannabis establishment, and may engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities.

[Added 6-16-2021 by Ord. No. 2021-5]

CANNABIS ESTABLISHMENT

A cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer.

[Added 6-16-2021 by Ord. No. 2021-5]

CANNABIS MANUFACTURER

Any person or entity holding a Class 2 cannabis manufacturer license issued by the State of New Jersey, that processes cannabis items in this state by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, and packaging cannabis items, and selling, and optionally transporting, these items to other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.

[Added 6-16-2021 by Ord. No. 2021-5]

CANNABIS RETAILER

Any person or entity holding a Class 5 cannabis license issued by the State of New Jersey that purchases or otherwise obtains usable cannabis from cannabis cultivators and cannabis items from cannabis 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.

[Added 6-16-2021 by Ord. No. 2021-5]

CANNABIS WHOLESALER

Any person or entity holding a Class 3 cannabis wholesaler license issued by the State of New Jersey that purchases or otherwise obtains, stores, sells or otherwise transfers, and may transport, cannabis items for the purpose of resale or other transfer to either another cannabis wholesaler or to a cannabis retailer, but not to consumers.

[Added 6-16-2021 by Ord. No. 2021-5]

CAPITAL IMPROVEMENT

Shall mean a governmental acquisition of real property or major construction project.

CELLAR

Shall mean a story, partly underground, and having more than 1/2 of its height (measured from floor to ceiling) below the average level of the adjoining ground or a floor to ceiling height of less than 6 1/2 feet. A cellar should not be considered in determining the permissible number of stories or square footage nor shall it be used for dwelling purposes.

CERTIFICATION

Shall mean a written endorsement of a plan for soil erosion and sediment control by the Township Engineer which indicates that the plan meets the Standards for Soil Erosion and Sediment Control in New Jersey as promulgated by the State Soil Conservation Committee.

CERTIFIED FORESTER

Shall mean a person authorized by the Department of Environmental Protection (DEP), New Jersey Forest Service, pursuant to N.J.A.C. 7:3-2, to annually attest that a landowner is in compliance with a Woodland Management Plan and/or program.

CHILD CARE CENTER

Shall mean a commercial facility in which child care services are provided for a fee to six or more children at any one time for more than 15 hours per week, and said use is required to be licensed by the N.J. Department of Human Services pursuant to P.L. 1983, c. 492 (C.30:5B-1 et seq.).

CLEAR CUTTING

Shall mean any the removal of more than 20% of all standing trees on a lot, parcel or site within any twenty-year period.

CLEAR SIGHT TRIANGLE

Shall mean an area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of the street right-of-way lines.

COAH

Shall mean the New Jersey Council on Affordable Housing.

COAH RULES

Shall mean the rules and procedures as established by the New Jersey Council on Affordable Housing (COAH) in regard to the collection, use, and administration of development fees for affordable housing purposes.

CONCEPT PLAN

Shall mean a general plan, sufficiently detailed for discussion purposes.

CONDITIONAL USE

Shall mean a use permitted in a particular zoning district only upon showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the zoning regulations, and upon the issuance of an authorization therefor by the Planning Board.

CONDOMINIUM

Shall have the meaning as defined within the State Condominium Act. Real estate, portions of which are designed for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the included interests in the common elements are vested in the unit owners.

CONSERVATION EASEMENT

Shall mean a portion of land dedicated for designated conservation purposes and designated as such on any recorded deed, plat plan and/or as otherwise identified and delineated in any site plan.

CONTIGUOUS

Shall mean immediately adjacent, abutting, bordering, and/or sharing a common property line.

CONTINUING CARE FACILITY

Shall mean a residential facility designed to house persons over the age of 65 or handicapped persons whose health requires that special services and support systems be available on-site to enable such persons to live outside of an institution, which residential facility both adjoins and has access to the services of a nursing home as herein defined in addition to the on-site services provided to the residents.

CONVENTIONAL DEVELOPMENT

Shall mean development other than planned development.

CORNER LOT

Shall mean a lot which has an interior angle of less than 135° at the intersection of two street lines. A lot fronting upon a curved street or streets shall be considered a corner lot if the tangents to the curve at points within the lot or at the points of intersection of the side lot lines with the street line intersect at an angle of less than 135°. Front yards are required on both streets, the remaining yards are to be side yards.

COUNTY MASTER PLAN

Shall mean a composite of the master plan for the physical development of Hunterdon County with the accompanying maps, plats, charges and descriptive and explanatory matter adopted by the County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.

COUNTY PLANNING BOARD

Shall mean the Hunterdon County Planning Board, as defined in Section 1 of P.L. 1968, c. 285 (C. 40:27-6.1).

CRITICAL WILDLIFE HABITAT

Shall mean any of the following:

Surface waters classified a "Category 1", "Trout Maintenance" or "Trout Production" by the New Jersey Department of Environmental Protection and all land within 150 feet of the ordinary high water mark of the watercourse or water body;

Lands or waters occupied by any organism listed as declining, rare, threatened or endangered (hereinafter "species of concern") by the New Jersey Department of Environmental Protection or by the United States Department of Interior, Fish and Wildlife Service. Lands or waters within the Township which are necessary to support or expand an existing population of a species of concern;

Lands identified or mapped as critical habitat by the New Jersey Department of Environmental Protection.

CUL-DE-SAC

Shall mean a street which intersects another street at one end and terminates at the other end in a vehicular turnaround.

DAYS

Shall mean calendar days.

DECK

Shall mean an exterior floor system supported on at least two opposing sides by an adjoining structure and/or posts, pier or independent supports. A deck may be attached to the structure or freestanding. Decks shall be defined as accessory structures.

DEDICATION

Shall mean the transfer of property interests from private to public ownership for a public purpose. The transfer may be of fee simple interest or a less than fee interest, including an easement.

DENSITY, GROSS

Shall mean a measure of the number of permitted dwelling units per gross area of land to be developed including proposed streets, easements and open space portions of a development. Gross density shall be expressed in "dwelling units per acre." This measure is determined by dividing the number of dwelling units into the gross site area.

DEVELOPER

Shall mean the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.

DEVELOPMENT

Shall mean the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining, excavation or landfill, 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 pursuant to the Act.

DEVELOPMENT APPLICATION

See "Application for development."

[Ord. No. 2014-3 § 2]

DEVELOPMENT FEES

Shall mean the money paid by an individual, person, partnership, association, company or corporation for the improvement of property in lieu of providing for the construction of affordable housing units within the Township as specified and required by this chapter and the New Jersey COAH rules.

DIAMETER BREAST HEIGHT OR DBH

Shall mean the diameter of a tree measured at a point 4.5 feet above the surface of the natural grade.

DIRECT GLARE SOURCE

Shall mean any direct glare source visible from a height above five feet at the subject property line.

DISTURBANCE

Shall mean any activity involving the clearing, excavating, storing, grading, filling, or transporting of soil or any other activity which causes soil to be exposed to the danger of erosion.

DIVERSION

Shall mean a channel with or without a supporting ridge on the lower side constructed across or at the bottom of a slope.

Shall refer to the diameter breast height and shall mean the diameter of the stem of a tree measured 4.5 feet above the surface of the ground.

DRIFTWAY

Shall mean a roadway or passageway which is not a street as defined herein but which prior to adoption of this chapter, has become an established use for owners of abutting lands having no frontage on any existing State, County, or municipal road for ingress or egress over the property of others, between a public street and the abutting properties. Private roads or lanes entirely situated on a single property shall not be considered a driftway.

DRIP LINE

Shall mean a line connecting points on the ground that lie directly beneath the ends of the outermost stems of a tree.

DRIVEWAY

Shall mean a private strip of land, generally graded, intended for use as a means of vehicular or pedestrian access to an individual lot.

DWELLING

Shall mean a building designed and occupied for residential purposes, excluding hotels, rooming houses, tourist homes, institutional homes, residential clubs, mobile home parks, and the like.

Single-family detached dwellings, i.e., buildings designed for or occupied as a dwelling for one family;

Two-family dwellings, i.e., buildings designed for or occupied as two dwellings for two families; and

Multi-family dwellings, i.e., buildings designed for, occupied, or used for dwelling purposes by three or more families living independently of one another.

DWELLING UNIT

Shall mean one or more rooms for living purposes, together with cooking and sanitary facilities, which are used or intended to be used by one or more persons living together and maintaining a common household. Each shall be accessible from the outdoors either directly or through an entrance hall shared with other dwelling units.

EASEMENT

Shall mean a right-of-way or restriction granted for limited use of private land within which the owner of the property may be restricted from erecting permanent structures but shall have the right to make any other use of the land which is not inconsistent with the rights of the grantee.

EAVES

Shall mean the lowest horizontal line of a sloping roof.

ECHO UNIT

Shall mean Elder Cottage Housing Opportunity unit which is a small removable modular cottage in the rear or side yard of a dwelling. The ECHO unit shall be a separate living quarters, accessory to a primary residence on the premises, not exceeding 750 square feet of gross floor area for the use of and occupancy by not more than two persons who are related by blood, marriage or adoption to the owner who must occupy the primary residence on the premises. One of the ECHO unit occupants shall be 60 years of age or older.

EMBANKMENT

Shall mean a man-made deposit of soil, rock, or other materials.

EMPLOYEE

Shall mean a term referred to in the parking standards as a measure of the number of parking spaces required. It shall refer to the maximum number of employees on duty at any time, whether the employees are full or part time. If shifts are involved in which two shifts overlap, it refers to the total of both shifts.

ENFORCEMENT OFFICER

Shall mean the Zoning Officer, Construction Official or other individual appointed by the municipality to enforce this chapter within the jurisdiction of the municipality.

ENVIRONMENTAL COMMISSION

Shall mean a municipal advisory board created pursuant to P.L. 1968, C. 245 (C. 40:56A-1 et seq.).

EQUALIZED ASSESSED VALUE

Shall mean the value of a property determined by the Municipal Tax Assessor through a process designed to ensure that all property in the municipality is assessed at the same assessment ratio or ratios required by law. Estimates at the time of building permit may be obtained by the Tax Assessor utilizing estimates for construction cost. Final equalized assessed value will be determined at project completion by the Municipal Tax Assessor.

EROSION

Shall mean the process by which soil and bedrock are worn away.

EXCAVATION OR CUT

Shall mean an act by which soil or soils are cut into, dug, quarried, uncovered, removed, displaced or relocated.

EXISTING GRADE

Shall mean the vertical location of the existing ground surface prior to cutting or filling.

EXISTING INDIVIDUAL LOT

Shall mean all existing lots identified and recorded in the Township's Map as of the date of adoption of this ordinance.[1]

EXPANSION

Shall mean an addition to the floor area of an existing building, an increase in size of another structure, or an increase in that portion of a tract of land occupied by an existing use.

FACADE

Shall mean the exterior wall, face, or plane of a building. The area of the facade is computed by multiplying the distance between the corners of the facade by the distance from the average level of the finished grade of the ground to the eaves or parapet of the facade.

FAMILY

Shall mean one or more persons related by blood, foster relationship, marriage, or adoption, and, in addition, any domestic servants or gratuitous guests thereof; or a group of not more than five persons who need not be so related; and, in addition, domestic servants or gratuitous guests thereof, who are living together in a single dwelling unit and maintaining a common household with single cooking facilities. A roomer, boarder, or lodger shall not be considered a member of the family.

FAMILY DAY CARE HOME

Shall mean a private residence in which child care services are provided for a fee to not less than three and no more than five children at any one time for no less than 15 hours per week, and said use is registered as a family day care home pursuant to the "Family Day Care Provider Registration Act" P.L. 1987, c. 27 (C. 30:5B-16 et seq.).

FARM

Shall mean a lot of at least five acres used solely for agricultural purposes, exclusive of the minimum lot area required for a building intended for habitation.

FARM MANAGEMENT UNIT

Shall mean a parcel or parcels of land, whether contiguous or noncontiguous, together with agricultural or horticultural buildings, structures, and facilities, producing agricultural or horticultural products, and operating as a single enterprise.

FARM SCALE RENEWABLE ENERGY GENERATING FACILITY

Shall mean a ground mounted renewable energy generating facility which is rated to generate no more than two MW (megawatts) of electricity and which constitutes an accessory use on agriculturally assessed land and which occupies no more than 10 acres of total land area.

FINAL PLAT

Shall mean the final map of all or portion of the subdivision which is presented to the Planning Board for final approval in accordance with these regulations and which, if approved, shall be filed with the Hunterdon County Recording Office.

FINISHED GRADE

Shall mean the final elevation of the ground surface conforming to the proposed design.

FLOOD OR FLOODING

Shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from:

(a)	The overflow of inland or tidal waters and/or
(b)	The unusual and rapid accumulation or runoff of surface waters from any source.
	A one hundred (100) year flood is one that, on the average, is likely to occur once every one hundred (100) years (i.e., that has a one (1%) percent chance of occurring each year), although the flood may occur more frequently.
	A fifty (50) year flood is one which, on the average, is likely to occur once every fifty (50) years (i.e., that has a two (2%) percent chance of occurring each year), although the flood may occur more frequently.
	A ten (10) year flood is one which, on the average occurs every ten (10) years (i.e., that has a ten (10%) percent chance of occurring each year), although the flood may occur more frequently.
	A five hundred (500) year flood is one which, on the average, is likely to occur once every five hundred (500) years (i.e., that has a two-tenths (.2%) percent chance of occurring each year), although the flood may occur more frequently.

FLOOD ELEVATION, REGULATORY

Shall mean the 100 year flood elevation, plus a free board safety factor of 1 1/2 feet.

FLOOD FRINGE

Shall mean that portion of the flood hazard area outside the floodway. The boundaries of the flood fringe are delineated on the Flood Insurance Study for the municipality and on the Flood Boundary and Floodway Maps (as further defined in § 30-6 herein), such maps being a part of the Flood Insurance Study; the Flood Boundary and Floodway Maps are hereby incorporated into this chapter and shall be as much a part of this section as if all were fully described herein.

FLOODPLAIN

Shall mean:

A relatively flat or low land area adjoining a river, stream, or watercourse which is subject to partial or complete inundation; and/or

An area subject to the unusual and rapid accumulation or runoff of surface waters from any source.

An applicant shall designate the boundaries of a floodplain in accordance with N.J.A.C. 7:13. [Ord. No. 2015-6 § 1]

FLOODPLAIN DISTRICTS, DESIGNATED

Shall mean those floodplain districts specifically designated in each municipality, as being inundated primarily by the 100-year flood. Such areas include the Floodway District, the Flood Fringe District, and the Approximated Floodplain District.

FLOODPLAIN SOILS

Shall mean areas subject to periodic flooding and listed in the Soil Survey of Hunterdon County, N.J., U.S. Department of Agriculture, Soil Conservation Service, November, 1974 as being "on the floodplain" or subject to "flooding."

The following soil types are floodplain soils:

Alluvial land.

Bowmansville silt loam.

Marsh.

Pope loam.

Raritan.

Rowland silt loam.

FLOODPROOFING

Shall mean structural or other changes or adjustments to properties or obstructions for the reduction or elimination of flood damages to such properties and obstructions, or to the contents of the structure.

FLOODWAY

Shall mean the channel of a river or other watercourse and the adjacent land areas required to carry and discharge the flood of the one hundred (100) year magnitude without causing more than a two-tenths (0.2') foot rise above the current natural conditions. The boundaries of the floodway are delineated on the Flood Insurance Study and the Flood Boundary and Floodways Maps referred to in § 30-6.

FLOOR AREA

Shall mean the sum of the areas of the several floors of a building measured from the outside face of the exterior walls or from centerlines of walls separating two buildings. In particular, floor area includes, but is not limited to, the following:

Basement space, if it meets the requirements of a building story.

Elevator shafts, stairwells, and attic space (whether, or not a floor has been laid) providing structural headroom of eight feet or more.

Roofed terraces, exterior balconies, breezeways, or porches, provided that over 50% of the perimeter of these is enclosed.

Any other floor space used for dwelling purposes, no matter where located within the building.

Accessory buildings, excluding space used for off-street parking or loading berths.

Any other floor space not specifically excluded, excluding space used for air conditioning machinery or cooling towers and similar mechanical equipment serving the building and cellar space.

FLOOR AREA RATIO

Shall mean the sum of the area of all floors of buildings or structures to the total area of the site.

FOOTCANDLE (FC)

Shall mean a unit of illuminance on a surface one foot square in area onto which there is a uniform flux of one lumen.

FORESTRY

Shall mean the ongoing program of clearing or cutting timber resources within the forested or wooded areas and coordinated with a reforestation program. Forestry does not include authorized clearing in accordance with plans approved pursuant to this chapter, the issuance of a building permit, nor the removal of sick or dead trees.

FREEBOARD

Shall mean a margin of safety, expressed in feet above the 100-year flood elevation.

FULL CUT OFF LIGHT FIXTURE

Shall mean a light fixture with cutoff optics that allows no light emissions above a vertical cutoff angle of ninety (90°) degrees and a maximum of ten (10%) percent of numeric value of the lamp lumen output radiates over an eighty (80°) degree angle above nadir (straight down at perfect vertical) through the light fixture's lowest light emitting part when mounting height is sixteen (16') feet or less. Any structural part of the light fixture providing this cutoff angle must be permanently affixed. No direct up light.

GLARE

Shall mean the sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort or the loss of visual performance and visibility.

GOVERNING BODY

Shall mean the Township Committee, the chief legislative body of the municipality.

GRADING

Shall mean any stripping, cutting, filling, stockpiling, or any combination thereof and shall include the land in its cut or filled condition.

GRADING PERMIT

Shall mean a permit issued to authorize work to be performed under this chapter in situations not requiring subdivision or site plan approval.

GRASSED WATERWAY

Shall mean a natural or constructed path, usually broad and shallow, covered with erosion resistant grasses, used to conduct surface water from a field diversion or other site feature.

GRID SCALE RENEWABLE ENERGY GENERATING FACILITY

Shall mean a renewable energy generating facility which is rated to produce greater than two megawatts of electricity and which constitutes a principal use on the property.

GROUND FLOOR

Shall mean the first floor of a building other than a cellar or basement.

GROUND LEVEL TERRACE

Shall mean a level, landscaped, and/or surfaced area, also referred to as a ground level patio which does not rise above the existing grade, and is not covered by a permanent roof.

HEDGEROW

Shall mean a grouping of 10 or more trees where the width group is less than the average height of the trees and the length of the group is at least four times average height of the trees. Hedgerows are typically located along property lines or between areas of vegetation in earlier stages of succession or along roads and parallel thereto.

HEIGHT OF BUILDING

Shall mean the vertical distance measured from the average level of the finished grade along all the exterior walls of a building to:

The highest point of the roof, in the case of a flat roof;

One-half the distance between the top of the uppermost plate and the highest point of the roof, in the case of sloping roofs;

The highest point of any accessory structure or other irregularity which rises wholly or partly above the general or average roof line, and whose area equals or exceeds 10% of the ground floor area of the building which supports it.

HISTORIC DISTRICT

Shall mean one or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.

HISTORIC SITE

Shall mean any real property, man-made structure, natural object or configuration, or any portion or group of the foregoing, of historical, archeological, cultural, scenic or architectural significance.

HISTORIC TREE

Shall mean trees that are of unique historical value, as determined by the Planning Board in consultation with the Union Township Historical Society, and therefore constitute an important community resource.

HOME OCCUPATION OR HOME BUSINESS

Shall mean as defined under § 30-5.5hl, H-1 Home Occupation.

[Ord. No. 2015-6 § 1]

HOME OWNERS' ASSOCIATION

Shall mean an incorporated, nonprofit organization operating in a cluster or planned development under recorded land agreements through which (a) each lot owner is automatically a member; (b) each occupied dwelling unit is automatically subject to a charge for a proportionate share of the expenses for the organization's activities and maintenance, including any maintenance costs levied against the association by the Township, and (c) each owner and tenant has the right to use the common property.

IESNA

Shall mean Illuminating Engineering Society of North America. An organization that provides standards for the lighting industry.

IMPERVIOUS SURFACE

Shall mean:

Those surfaces which do not absorb rain. All buildings, parking areas, driveways, roads, sidewalks, and any areas in concrete, asphalt, and packed stone shall be considered impervious surfaces within this definition. In addition, other areas determined by the municipal engineer to be impervious within the meaning of this definition will also be classed as impervious surfaces.

Impervious Surface Ratio. The impervious surface ratio is a measure of the intensity of use of a site, parcel or tract of land. Impervious Surface Ratio is determined by dividing the total area of all impervious surfaces within the site, parcel or tract by the gross site area.

IMPROVEMENTS

Shall mean buildings for public or quasipublic use, grading, paving, street lights and signs, fire hydrants, water mains, sanitary sewers, storm drains, sidewalks, crosswalks, bridges, culverts, monuments, retaining walls, and shade trees; as proposed or required, and intended for dedication to the municipality.

INCLUSIONARY DEVELOPMENT

Shall mean a performance subdivision or other type of residential development in which at least 5% of the units are reserved for low income households as defined by the New Jersey Council on Affordable Housing and in which at least 5% are reserved for moderate income households as defined by the New Jersey Council on Affordable Housing.

INDUSTRIAL

Shall mean of, relating to, concerning, or arising from the assembling, fabrication, finishing, manufacturing, packaging, or processing of goods. This does not include recycling operations or quarrying operations or reclamation.

INTERESTED PARTY

Shall mean:

In a criminal or quasicriminal 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 Act, or whose rights to use, acquire, or enjoy property under this Act, or 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 Act.

ISOLATED LOT

Shall mean an undeveloped substandard lot in separate ownership from surrounding property.

LAKES AND PONDS

Shall mean natural or artificial bodies of water which retain water year-round. Artificial ponds may be created by dams or result from excavation. The shoreline of such water bodies shall be measured from the permanent pool elevation. Lakes are bodies of water two or more acres in extent. Ponds are any body less than two acres in extent.

LAND

Shall mean and include improvements and fixtures on, above or below the surface.

LANDMARK TREES

Shall mean trees that are of unique ecological or aesthetic value, as determined by the Planning Board, and therefore constitute an important community resource.

LANDSCAPE EASEMENT

Shall mean a portion of land dedicated for landscaping and, more specifically, the installation or planting of landscape materials including but not limited to trees, shrubs, ground covers, turf and/or other planting materials. A landscape easement may be required as a landscape barrier or buffer between properties of different uses or between residential neighborhoods and arterial streets and/or areas of a nonresidential nature. Additionally, a landscape easement may be identified and delineated in a deed, plat plan and/or site plan.

LIGHT TRESPASS

Shall mean any form of artificial illuminance emanating from a light fixture or illuminated sign that penetrates other property and creates a nuisance, as specified in § 30-7.5.

LOADING BERTH

Shall mean an area abutting the building especially designated for the loading and unloading of vehicles and which has convenient access to a storage location for the goods loaded or unloaded, such access being furnished by an elevated floor, a recessed vehicle parking area, a ramp, or other facility of like purpose.

LOOP STREET

Shall mean a street which has two points of intersection with the same road. In its simplest form a loop street enters a tract, follows a course through it, and returns to the same road at some distance from the other intersection.

LOT

Shall mean a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

Lot Area. The area contained within the property lines of a lot (as shown on the development), excluding space within an existing or future street right-of-way and within all permanent drainage easements, but including the areas of all other easements assigned an individual owner or to a given collective use by means of a subdivision of land. Open space required under this chapter shall not be counted as a portion of the lot area for the purposes of measuring lot area per dwelling unit.

Lot Area per Dwelling Unit, Average (Minimum). The minimum lot area which is expressed as an average of all lots for a single type of dwelling unit.

Lot Depth. The distance from the street line of a lot to its opposite rear line, measured in the general direction of the side lines of the lot.

Lot Width. The distance measured between the side lot lines at the required building setback line.

In a case where there is only one side lot line, lot width shall be measured between such side lot line and the opposite rear lot line or street line.

Lot Line, Front. See Street line.

Lot Line, Rear. Any lot line which is parallel to or within 45° of being parallel to a street line, except for a lot line that is itself a street line. In the case of a lot having no street frontage or a lot of an odd shape, only the one lot line furthest from any street shall be considered a rear lot line. In the case of a triangular lot, the yard setbacks will be determined by averaging the rear and side yard setback requirements for the district wherein the lot is located.

Lot Line, Side. Any lot line which is not a street line or a rear lot line.

LOW INCOME

Shall mean total gross household income equal to 50% or less of the median household income for households of the same size and using the median income data for households accepted by the Council on Affordable Housing for the region which includes Union Township.

LOWEST FLOOR

Shall mean the lowest floor of the enclosed area, including basement.

MAINTENANCE GUARANTEE

Shall mean any security which may be accepted by a municipality for the maintenance of any improvements required by this act, including but not limited to surety bonds, letters of credit under the circumstances specified in Section 16 of P.L. 1991, c. 256 (C. 40:55D-53.5), and cash.

MAJOR SUBDIVISION

Shall mean any subdivision not classified as a minor subdivision.

MANUFACTURED HOME

Shall mean a unit of housing which:

Consists of one or more transportable sections which are substantially constructed off site and, if more than one section, are joined together on site;

Is built on a permanent chassis;

Is designed to be used, when connected to utilities, as a dwelling on a permanent foundation; and

Is manufactured in accordance with the standards promulgated for a manufactured home by the Secretary pursuant to the "National Manufactured Housing Construction and Safety Standards Act of 1974," Pub. L. 93-383 (42 U.S.C. § 5-401 et seq.) and the standards promulgated for a manufactured mobile home by the Commissioner pursuant to the "State Uniform Construction Code Act." P.L. 1975, c. 217 (C. 52:27D-119 et seq.);

For the purpose of this chapter, it shall be treated the same as a single-family detached dwelling and shall be constructed on a full permanent foundation.

MASTER PLAN

Shall mean 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 (C. 40:55D-28) of the Act.

MAYOR

Shall mean the chief executive of the municipality, whatever his or her official designation may be, except that in the case of municipalities governed by municipal council and municipal manager the term "mayor" shall not mean the mayor of such municipality.

MET TOWER

Shall mean a meteorological tower used for gathering atmospheric information, such as wind speed and direction.

MINOR SUBDIVISION

Shall mean a subdivision of land which does not involve (1) the creation of more than one lot per calendar year and a remainder; (2) planned development; (3) any new street; or (4) extension of any off-tract improvements. No plat shall be classified as a minor subdivision if it results in any remaining lands capable of being resubdivided into one or more building lots.

MOBILE HOME

Shall mean:

Mobile Home: A transportable structure intended for permanent occupancy, office, or place of assembly which is constructed on a chassis and may be in one or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and which is constructed so that it may be used with or without permanent foundation. For the purposes of this definition, travel trailers and campers are not considered as mobile homes and shipping containers and storage containers such as "PODS^®" are considered as mobile homes.

[Ord. No. 2015-6 § 1]

Mobile Home Lot. A parcel of land in a mobile home park which is improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home and which is leased by the park owner to the occupants of the mobile home erected on the lot.

Mobile Home Park. A parcel of land, or two or more parcels of land, containing no fewer than 10 sites equipped for the installation of mobile homes, where these sites are under common ownership and control for the purpose of leasing each site to the owner of a mobile home for the installation thereof, and where the owner or owners provide services, which are provided by the municipality in which the park is located for property owners outside the park, which services may include but shall not be limited to:

(a)

The construction and maintenance of streets;

(b)

Lighting of streets and other common areas;

(c)

Garbage removal;

(d)

Snow removal; and

(e)

Provisions for the drainage or surface water from home sites and common areas.

(f)

A parcel, or any contiguous parcels, of land which contain on the effective date of this Act, no fewer than three sites equipped for the installation of mobile homes, and which otherwise conform to the provisions of this subsection shall quality as a mobile home park for the purposes of the Act.[2]

MODERATE INCOME

Shall mean a total gross household income between 50% and 80% of the median household income for households of the same size and using the median income data for households accepted by the Council on Affordable Housing fort the region which includes Union Township.

MULCHING

Shall mean the application of plant or other suitable materials on the soils surface to conserve moisture, hold soil in place, and aid in establishing plant cover.

MUNICIPAL AGENCY

Shall mean a municipal Planning Board or Board of Adjustment, or a governing body of a municipality when acting pursuant to this act and any agency which is created by or responsible to one or more municipalities when such agency is acting pursuant to the Act.

MUNICIPALITY

Shall mean the Township of Union.

NATURAL GROUND SURFACE

Shall mean the ground surface in its original state before any grading, excavation or filling.

NONCONFORMING LOT

Shall mean a lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONCONFORMING STRUCTURE

Shall mean a structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.

NONCONFORMING USE

Shall mean a use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.

NURSERY GRADE QUALITY

Shall mean nursery stock that complies with the standards and recommended practices of the American Nursery and Landscape Association (ANLA) ANSI Z60.1 and/or American Association of Nurserymen.

NURSING HOME

Shall mean a health care facility duly licensed as a nursing or convalescent care facility, which provides nursing care in addition to shelter and board, and for which a certificate of need has been issued by the New Jersey Department of Health.

OBSTRUCTION

Shall mean any structure or assembly of materials including fill above and below the surface of land or water, and any activity which might impede, retard or change flood flows. The planting, cultivation, and harvesting of field and orchard crops, or the grazing of livestock, including the maintenance of necessary appurtenant agricultural fencing, shall not be considered any obstruction under this definition and shall not be subject to regulation under these regulations.

OCCUPANT (OCCUPANCY)

Shall mean the legal occupant of a building or premises licensed to engage in a business, residence, or profession, or exempt from license due to governmental, educational, religious, or other privileged status.

OFF-SITE

Shall mean located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.

OFF-TRACT

Shall mean not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.

OFFICIAL COUNTY MAP

Shall mean the map, with changes and additions hereto, adopted and established by resolution of the County Board of Chosen Freeholders pursuant to N.J.S.A. 40:27-5.

OFFICIAL MAP

Shall mean a map adopted by ordinance pursuant to New Jersey MLUL Chapter 291, Article 5 (C. 40:55D-32 et seq.).

ON-SITE

Shall mean located on the lot in question.

ON-TRACT

Shall mean located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

OPEN AIR AUCTION HOUSE

An auction house shall be considered as a retail commercial use per Use E-1 or E-2 herein, conducted in a place where objects of art, furniture, and other goods are offered for sale to persons who bid on the object in competition with each other.

OPEN AIR AUCTIONS

Open air auctions are commercial uses per § 30-5.3 herein, conducted in the open air on a recurring basis where objects of art, furniture, machinery, farm equipment and other goods are offered for sale to persons who bid on the object in competition with each other.

OPEN SPACE

Shall mean any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or 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.

Open Space, Common. An open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of the residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development not including streets, off-street parking areas, and areas set aside for public facilities. Common open space includes both developed (active) and undeveloped (passive) open space.

Open Space, Developed (Active). Land without resource restrictions which is set aside for use as active recreational areas, such as playfields, playgrounds, skating rinks, swimming pools, tennis courts, and areas for water management (storm, waste, potable supply).

Open Space, Undeveloped (Passive). Land used for passive recreation, agriculture, resource protection, amenity, or buffers and protected from future development by the provisions of this chapter to insure that it remains as open space.

OUTDOOR ENCLOSED LIGHT FIXTURE

Shall mean an electrically powered illuminating device which is either temporarily or permanently installed outdoors, including but not limited to, devices used to illuminate any site, architectural structure or sign. The face of the lamp must be recessed within the enclosure and any glass/plastic protective or diffusing device cannot extend beyond that enclosure.

OUTDOOR FIXTURE

Shall mean light fixture suitable for outside use.

OWNER

Shall mean any individual, firm, association, syndicate, copartnership, or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.

PARAPET

Shall mean the top of a building wall or facade which is raised above the roof.

PERFORMANCE GUARANTEE

Shall mean any security which may be accepted by a municipality, including but not limited to surety bonds, letters of credit under circumstances specified in Section 16 of P.L. 1991, c.256 (C. 40:55D-53.5), and cash.

PERFORMANCE SUBDIVISION

Shall mean a subdivision in which mixed residential types are encouraged in order to promote appropriate land planning and to provide a variety of housing choices and to encourage clustering so as to provide open space.

Provided, however, that any proposed project in the AP or CR Zones created under the performance subdivision provision herein shall not contain an excess of more than 10% of the total lots or units that could have been created in a standard subdivision or site plan under the provisions for a conventional project in the same district.

PERSON

Shall mean natural persons, corporations and all other entities.

PLANNING BOARD

Shall mean the Union Township Planning Board established pursuant to Section 14 (C. 40:55D-23) of the Act.

PLAT

Shall mean a map or maps of a subdivision or site plan.

POLLUTION

Shall mean the contamination of any waters such as will create a nuisance or to render such waters harmful, detrimental, or injurious to public health, safety, or welfare; or to domestic, municipal, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses; or to livestock, wild animals, birds, fish, or other aquatic life, including but not limited to such contamination by alteration of the physical, chemical, or biological properties of such waters, or change in temperature, taste, color, or odor thereof, or the discharge of any liquid, gaseous, radioactive, solid, or other substances into such waters.

PRELIMINARY PLAT

Shall mean the preliminary plat indicating the proposed layout of the subdivision which is submitted to the secretary of the Planning Board for Planning Board consideration and tentative approval, and meeting the requirements of this chapter.

PREMISES

Shall mean any tax parcel within a municipality.

PRESERVED FARM RENEWABLE ENERGY GENERATING FACILITY

Shall mean a ground mounted renewable energy generating facility which constitutes an accessory use on a preserved farm and which shall be permitted at a scale not to exceed 110% of the previous years energy demand for the farm management unit or 1% of the total acreage of the farm management unit which ever is greater. In no case shall a facility be rated to generate more than two megawatts of electricity.

PRINCIPAL LOT

Shall mean the main purpose for which a lot or building, or portion of a lot or building, is used.

PRIVATE GARAGE

Shall mean an accessory building for the storage of motor vehicles owned and operated by the occupants of the principal building and which no occupation, business or service for a fee either monetary or otherwise is carried on. Said buildings shall be limited in total capacity to three vehicles.

PUBLIC AREAS

Shall mean:

Public parks, playgrounds, paths and other recreational areas;

Other public open spaces;

Scenic and historic sites; and

Sites for schools and other public buildings and structures.

PUBLIC DEVELOPMENT PROPOSAL

Shall mean a master plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereof.

PUBLIC UTILITY OPERATING FACILITY

Shall mean any building or structure or extension thereof used, or to be used, by a public utility, corporation or authority for public utility purposes.

PUBLIC VIEW

Shall mean visible from a public thoroughfare, public lands or buildings, public pathways, trails, bicycle paths or waterways or from private property not owned by the applicant.

QUORUM

Shall mean the majority of the full authorized membership of a municipal agency.

RAISED TERRACE

Shall mean a level, landscaped, and/or surfaced area, also referred to as a raised patio, that is raised above the existing grade, and is not covered by a permanent roof. Raised terraces shall be defined as accessory structures.

RECYCLING AREA

Shall mean a space allocated for the collection and storage of source separated recyclable materials.

RENEWABLE ENERGY FACILITY

Shall mean a facility and all associated equipment that engages in the production of electric energy from solar technologies, photovoltaic technologies, or wind energy.

REPLACEMENT TREES

Shall mean any deciduous or evergreen woody plant of the caliper required in this chapter, planted for the purpose of replacing trees, removed.

REQUIRED RESOURCE-PROTECTION RATIOS

See § 30-6.4a3(b)(5), Resource Protection Ratio.

RESIDENTIAL CLUSTER

Shall mean an area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.

RESIDENTIAL DENSITY

Shall mean the number of dwelling units per gross acre of residential land area including streets, easements and open space portions of a development.

RESIDENTIAL SCALE RENEWABLE ENERGY GENERATING FACILITY

Shall mean a renewable energy generating facility which is rated to generate no more than 110% of the historical energy use from the previous year of the meter connected to the renewable energy system and which constitutes an accessory use to a principal residential or commercial use.

RESIDENTIAL SHED

Shall mean a building accessory to a detached dwelling unit which is utilized for the storage of tools, lawn and garden equipment and furniture and similar household items and personal property owned by the occupants of the detached dwelling unit. For the purposes of this definition, travel trailers, campers, mobile homes, shipping containers and storage containers such as "PODS^®" are not considered as residential sheds.

[Ord. No. 2015-6 § 1]

RESOURCE PROTECTION

Shall mean:

Resource protection land. Resource protection lands include that portion of lands in floodplain, floodplain soils, lakes or ponds, wetlands, shorelines, steep slopes, various woodland associations, agricultural soils, and aquifer recharge areas that must remain undeveloped as determined by the resource protection ratio.

Resource protection ratio. A measurement of the development constraints of a natural resource. Development may encroach upon a portion of the total area of some natural resources. The extent of that encroachment is determined by dividing the area of the encroachment by the resource protection land.

RESUBDIVISION

Shall mean:

The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved according to law or

The alteration of any streets or the establishment of any new streets within any subdivision.

RETENTION BASIN

Shall mean a pond, pool or basin used for the permanent storage of water runoff.

REVERSED FRONTAGE LOT

Shall mean a lot extending between and having frontage on a major street and a minor street with vehicular access solely from the minor street.

RIGHT-OF-WAY

Shall mean:

Right-of-way. Land set aside for use as a street, alley, or other means of travel.

Existing right-of-way. The legal right-of-way as established by the State of New Jersey or other appropriate governing authority and currently in existence.

Ultimate right-of-way. The right-of-way deemed necessary by the Comprehensive Master Plan for Union Township or approved plans of Hunterdon County or the State Department of Transportation.

ROAD CLASSIFICATION

Shall mean the classification of roads as described in the Comprehensive Master Plan for Union Township or approved plans of Hunterdon County or the State Department of Transportation.

ROOF LINE

Shall mean the highest continuous horizontal line of a roof. On a sloping roof the roof line is the principal ridge line, or the highest line common to one or more principal slopes of roof. On a flat roof, the roof line is the highest continuous line of the roof.

ROTOR DIAMETER

Shall mean the cross sectional dimension of the circle swept by the rotating blades of a wind-powered energy generator.

SAPLING

Shall mean any immature woody plant having at least one stem greater than 0.75 inch and less than three inches in diameter at a point 4.5 feet above the natural ground surface and having a mature height of greater than 20 feet.

SEDIMENT BASIN

Shall mean a barrier or dam built across a waterway or at other suitable locations to retain rock, sand, gravel, silt, or other material.

SEDIMENT POOL

Shall mean a reservoir space allotted to the accumulation of submerged sediment during the life of a structure.

SEDIMENTATION

Shall mean the deposition of solid material, both mineral and organic, that was in suspension and that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.

SEWER FACILITY

Shall mean any municipality or privately owned sewer system in which sewage is collected from several buildings on a single property or from several lots and treated at a common plant. The design, operation, and location of the sewer plant shall be in accordance with the waste water policies of Union Township, participating municipalities and the State Department of Environmental Protection. For the purposes of this chapter, community sewage systems shall be defined in accordance with the administrative regulations of the Department of Environmental Protection.

SHRUB

Shall mean a single or multi-stem woody plant having a mature height of less than 20 feet.

SIGHT DISTANCE TRIANGLE

Shall mean a triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection; also known as sight easement.

SIGN

Shall mean:

Sign. Any letter, number, symbol, figure, character, mark, plane, design, picture, stroke, strike, trademark, or combination of these which is constructed, placed, attached, painted, erected, fastened, or manufactured in any manner whatsoever; which is used to the attraction of the public to any place, subject, person, firm, corporation, public performance, article, or merchandise; and which is displayed in any manner whatsoever so that it can be seen from the right-of-way of a public street or highway; including permanent window signs placed inside windows to attract attention of those outside in the public right-of-way.

Sign, Official Traffic and Highway. Official highway route number signs, street name signs, directional signs, and other traffic signs erected and maintained on public highways and roads in the interest of public safety or for the regulation of traffic.

Sign, Outdoor Advertising. A type of freestanding sign which directs attention to a business, industry, profession, commodity, service, or entertainment not necessarily sold or offered on the premises where the sign is located.

Sign, Portable. Any sign displayed for 30 days or less, not permanently affixed to the ground, including but not limited to sandwich boards, posters, bunting and signs on wheels.

SINGLE AND SEPARATE OWNERSHIP

Shall mean the ownership of a lot, tract, or parcel of land by one or more persons, partnerships, corporations or other legal entities, which is separate and distinct from the ownership of any abutting or adjoining lot, tract, or parcel. Separate and distinct means that the lot, tract, or parcel owned does not abut or adjoin any other lot, tract, or parcel of land under the ownership or control of the same one or more persons, partnerships, corporations, or other legal entities.

SITE AREA

Shall mean:

Site Area, Gross. The total area of the site, parcel or tract as established by actual survey, excluding all lands within all existing roads and their ultimate rights-of-way and all land areas without development opportunities due to restrictions such as restrictive covenants and conservation easements.

Site Area, Survey. All land area within the site, parcel or tract as defined by the deed. Area shall be determined from an actual site survey rather than from a deed description.

Site Area, Net Buildable. That portion of the gross site area remaining for actual site development purposes after the amount of open space necessary for resource protection and recreation has been calculated.

SITE PLAN

Shall mean 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 other signs, lighting and screening devices, and any other information that may be reasonably required in order to make an informed determination concerning the adequacy of the plan in accordance with the requirements of this chapter.

Minor Site Plan. 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 et seq., is less than 10 acres in site area, and contains the information 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 or Zoning Board of Adjustment.

Major Site Plan. Any development plan not classified as a minor site plan.

SKETCH PLAT

Shall mean the sketch map of a subdivision used for the purpose of classification and meeting the requirements of this chapter.

SKY GLOW

Shall mean luminance in the atmosphere caused by dust, water vapor, and other particles that reflect and scatter any stray lighting that is reflected or emitted into the atmosphere.

SLOPE

Shall mean degree of deviation of a surface from the horizontal, usually expressed in percent.

SMALL WIND ENERGY SYSTEM

Shall mean a wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which as a rated capacity consistent what applicable provisions of the State Uniform Construction Code promulgated pursuant to the "State Uniform Construction Code Act" P.L. 1975, c. 217 (C. 52:27D-119 et seq.) and technical bulletins issued pursuant to Section 2 of P.L. 2009, c. 244 (C. 40:55D-66.13), and which will be used primarily for on-site consumption.

SOIL

Shall mean all unconsolidated mineral and organic matter of whatever origin that underlies bedrock and which can be readily excavated.

SOIL EROSION AND SEDIMENT CONTROL PLAN

Shall mean a plan which fully indicates necessary land treatment measures, including a schedule for the timing of their installation, which will effectively minimize soil erosion and sedimentation. Such measures shall be in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey as promulgated by the State Soil Conservation Committee.

SOLAR AND PHOTOVOLTAIC FACILITY

Shall mean a facility and all associated equipment that engages in the production of electric energy from solar or photovoltaic technologies.

SOLAR PANELS

Shall mean an elevated panel or plate, or a canopy or array thereof, that captures and converts solar radiation to produce power, and includes flat plate, focusing solar collectors, or photovoltaic solar cells and excludes the base or foundation of the panel, plate, canopy, or array.

SPECIMEN TREE

Shall mean any of the following:

A tree with a dbh or circumference equal to or greater than 75% of that of the largest tree in New Jersey of the same species as listed by the New Jersey Department of Environmental Protection;

A tree greater than 36 inches dbh;

A coniferous tree greater than 100 feet in height;

A tree of any size listed as a rare, threatened or endangered species by the New Jersey Department of Environmental Protection;

A dogwood (Cornus florida) greater than 10 inches dbh;

A tree 100 or more years of age;

START OF CONSTRUCTION

Shall mean and include substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation.

STORMWATER DETENTION

Shall mean any storm drainage technique that retards or detains runoff, such as a detention or retention basin, parking lot storage, rooftop storage, porous pavement, dry wells or any combination thereof.

STORY

Shall mean that part of a building located between the surface of any floor and the floor or roof next above. The first story of a building is the lowest story having 50% or more of its area above grade level or having the floor at the level of the exterior grade on one or more sides. A 1/2 story is a story under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor. Also see Basement, herein.

STREET

Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive or other way (1) which is an existing State, County or municipal roadway, or (2) which is shown upon a plat heretofore approved pursuant to the law, or (3) which is approved by official action as provided by this Act, 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 specific classification for each street is shown on the "Street Classification Map," in the master plan and is hereby made a part of this chapter.[3]

Thoroughfares.

(a)

Major arterial, a continuous route having trip length and travel density characteristics indicative of substantial statewide or interstate travel. These streets are State expressways and highways.

(b)

Minor arterial, a route providing interstate and intercounty service.

(1)

Major collector, a route which should link places of traffic generation with nearby larger towns or with more important intracounty corridors.

(2)

Minor collector, a route which is provided at intervals, consistent with population density, to collect traffic from local streets.

Local Streets.

(a)

Rural local road (feeder street), designed to function as an intersector and intratownship facility, serving as a feeder route to the arterial system and also serving intertownship travel.

(b)

Residential collector, a street which carries residential neighborhood, traffic, but which provides no or limited residential frontage.

(c)

Residential subcollector, a street providing access to abutting properties and may also conduct traffic from residential streets that intersect it.

(d)

Residential access, designed to serve the properties fronting thereon, generally to discourage through traffic.

(e)

Alley, a minor way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.

(f)

Driveway, generally a private way for vehicular and pedestrian access between a public street and a parking area within a lot or property.

(g)

Cul-de-sac, a local street intersecting another street at one end and terminating in a vehicular turnaround at the other end.

(h)

Half (partial) street, a street generally parallel and adjacent to a property line, having a lesser right-of-way width than normally required for movement and use of the street.

(i)

Marginal access street.

(j)

Private roads.

STREET LINE

Shall mean the dividing line between the street and the lot. The street line shall be the same as the legal right-of-way; provided that where an ultimate right-of-way width for a road or street has been established in the adopted master plan or official map, that width shall determine the location of the street line.

STRIPPING

Shall mean any activity which removes or disturbs the vegetative surface cover including clearing and grubbing operations.

STRUCTURE

Shall mean a combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land, including gas and liquid storage tanks and mobile homes.

SUBDIVIDER

Shall mean any individual, firm, association, syndicate, copartnership, corporation, trust, or any other legal entity commencing proceedings under this chapter to affect a subdivision of land hereunder for himself or for another with the written consent of the owner according to the provisions of this chapter.

SUBDIVISION

Shall mean a 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 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; and,

Conveyances so as to combine existing lots by deed or other instrument.

The term subdivision shall also include the term resubdivision.

SUBSTANTIAL ADDITIONS TO MOBILE HOME PARKS

Shall mean any repair, reconstruction, or improvement of an existing mobile home park or mobile home subdivision where such repair, reconstruction, or improvement of the streets, utilities and pads will equal or exceed 50% of the value of the streets, utilities and pads before the repair, reconstruction, or improvement is started.

SUBSTANTIAL IMPROVEMENTS

Shall mean any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started, or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not the alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or any alteration to a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

SUBSTANTIVE CERTIFICATION

Shall mean a determination made by COAH approving a municipality's housing element and fair share plan in accordance with the provisions of the Act and the rules and criteria as set forth herein. A grant of substantive certification shall be valid for a period of six years in accordance with the terms and conditions contained therein.

SWIMMING POOL

Shall mean:

Swimming pool, permanent. A pool which by the nature of its construction attaches to and becomes part of the realty upon which it is constructed, regardless of whether it is below ground, partially above the ground surface, or completely above the ground surface. All artificial bodies of water will fall within this classification if their construction normally requires excavation, except for exemptions for ornamental pools as noted in § 30-5.

Swimming pool, semi-permanent. A pool which by the nature of its construction is erected above ground level and is reasonably capable of being dismantled on a seasonal basis. A pool capable of being filled to a depth of more than 36 inches at the deepest or lowest point, is within the classification of permanent swimming pool.

Swimming pool, private, residential. Private residential swimming pools shall mean and include artificially constructed pools whether located above or below the ground, having depth of more than two feet and/or a water surface of 40 square feet, designed and maintained for swimming and bathing purposes by an individual for use and shall include all accessory buildings, structures and equipment.

Swimming pool, public or private club. Public or private club swimming pools shall mean and include either outdoor or indoor pools which are artificially constructed to provide recreational facilities for swimming, bathing or wading.

TEMPORARY PROTECTION

Shall mean stabilization of erosive or sediment producing materials.

TOTAL BASAL AREA

Shall mean the area of a plane passed through the stem of a tree at right angles to its longitudinal axis and at a height of 4.5 feet above the ground. Because the area approximates a circle it can be computed from the following formula: ᴨr² here r equals 1/2 the diameter of the tree at 4.5 feet above the ground. Where a tree contains multiple stems, total basal area of the tree shall be the sum total of the basal area for each stem as calculated using the methodology set forth above.

TREE

Shall mean any woody plant having at least one stem greater than three inches in diameter at a point 4.5 feet above the natural ground surface and having a mature height of at least 20 feet.

TREE REMOVAL

Shall mean any action that results in the death or significant degradation of the health or vigor of a living tree including but are not limited to the following:

Cutting the main stem of the tree;

Girdling the main stem of the tree;

Excessive pruning;

Placement of greater than six inches of fill within the drip line;

Excavation within the drip line;

Tilling of soil within the drip line;

Compaction of soil within the drip line;

Placement of or application of any material, chemicals or other substance, whether on the ground or upon the tree or its root system, which will impede the free access of air and water to a tree's living components.

Application of any substance to any part of a tree, including roots, with the intention to injure, kill or destroy a tree; and

10.

Flooding or changes in natural soil moisture.

TREE REMOVAL APPLICATION

Shall mean the application form, as approved by the Township Committee, to be submitted by an applicant in connection with any proposed tree removal activity as described in this ordinance.

TREE REMOVAL APPLICATION FEE

Shall mean the fee, as approved by the Township Committee, to be collected with each tree removal application submitted to the Township of Union.

TREE REMOVAL PERMIT

Shall mean written authorization issued by the Union Township Zoning Officer authorizing the removal of a designated tree or trees identified in the applicant's tree removal permit application.

TREE REPLACEMENT PROCEDURES

Shall refer to the minimum standards set forth in this chapter regarding planting requirements for replacement trees and including but not limited to those set forth in Subsection d as well as those set forth as accepted nursery practices and/or recommended practices of the American Nursery and Landscape Association.

USE

Shall mean:

Use. Any activity, occupation, business, or operation carried on, or intended to be carried on, in a building or other structure or on a tract of land.

Use, accessory. A use located on the same lot with a principal use, and clearly incidental or subordinate to, and in connection with, the principal use.

Use, Principal. The main use on a lot.

UTILITIES

Shall mean those services customarily rendered by public utility corporations, municipalities, or municipal authorities, in the nature of electricity, gas, telephone, water and sewerage, including the appurtenances used in connection with the supplying of such services (buildings, wires, pipes, poles, and the like).

VARIANCE

Shall mean permission to depart from the literal requirements of a zoning ordinance pursuant to Section 47 and subsections 29.2b, 57c and 57d. (C. 40:55D-40b., C. 40:55D-70c., C. 40:55D-70d.) of the Act.

VEGETATIVE PROTECTION

Shall mean stabilizations of erosive or sediment producing areas, by covering the soil with permanent seeding, producing long-term vegetative cover; short term seeding producing temporary vegetative cover; or sodding, producing areas covered with turf of perennial sod forming grass.

WATERCOURSE

Shall mean any natural or artificial waterway, stream, river, creek, ditch, channel, millrace, canal, conduit, culvert, drain, gully, ravine, or wash in which water flows in a definite direction or course, either continuously or intermittently, and which has a definite channel, bed, and banks, and shall include any area adjacent thereto subject to inundation by reason of overflow of floodwater.

WETLANDS

Shall mean areas known as marshes, swamps, or wetlands, including all areas with a slope of less than 0.5% or less and greater than 1/4 of an acre where standing water is retained for a portion of the year and unique vegetation has adapted to the area.

WIND ENERGY SYSTEM

Shall mean a wind generator and all associated equipment, including any base, blade, foundation, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component necessary to fully utilize the wind generator.

WIND GENERATOR

Shall mean equipment that converts energy from the wind into electricity. This term includes the rotor, blades and associated mechanism.

WIND, SOLAR OR PHOTOVOLTAIC ENERGY FACILITY OR STRUCTURE

Shall mean a facility or structure for the purpose of supplying electrical energy produced from wind, solar, or photovoltaic electrical energy produced from wind, solar or photovoltaic technologies, whether such a facility or structure is a principal use, a part of the principal use, or an accessory use or structure.

WIRELESS TELECOMMUNICATION TOWER

Shall mean a vertical structure designed to support wireless telecommunications antennas which may be of monopole or self-supporting or guyed lattice construction.

WIRELESS TELECOMMUNICATIONS EQUIPMENT COMPOUND

Shall mean a fenced-in area which houses wireless telecommunications buildings, antennas, equipment and/or towers.

WOODED LOT

Shall mean any area with more than 10 trees greater than six inches in caliper measured at a point four feet above grade on any 1/2 acre of a subdivided lot for single-family detached dwelling.

WOODLAND MANAGEMENT PLAN

Shall mean a written plan, prepared by a certified forester and in accordance with N.J.S.A. 54:4-23.3, that outlines proposed management of woodlands, forests and/or trees on a particular property.

WOODLANDS

Shall mean areas, groves, or stands or mature or largely mature trees (i.e. greater than six (6") inches caliper as measured at a point four and one-half (4.5') feet above grade) covering an area greater than one-quarter (1/4) acres; or groves of mature trees (greater than twelve (12") inches caliper as measured at a point four and one-half (4.5') feet above grade) consisting of more than ten (10) individual trees. Woodlands consist of three (3) different associations with can be determined by field survey in combination with air photo interpretation.

Floodplain/Palustrine association. This type of woodland association occurs primarily on floodplains or somewhat poorly drained, poorly drained or very poorly drained soils which contain dominant tree species, with associated under story. Typical mature trees within this association consist of:

(a)

Red maple, white ash, silver maple, pin oak, black willow, sycamore, sweet gum, or

(b)

Red maple, American elm, slippery elm, pin oak, white ash, beech, or,

(c)

Red maple, slippery elm, white ash, swamp white oak, or,

(d)

Red maple, black gum, or,

(e)

White ash, sweet gum.

Mesic Association. This type of woodland association occurs where soil moisture and aeration lie between somewhat poorly drained and excessively drained soils. Over time these woodlands may consist mostly of beech trees. Mature trees within this association consist of:

(a)

Sweetgum/red maple, or

(b)

Red maple/ash/tulip poplar, or,

(c)

Oak/sweetgum/red maple, or,

(d)

Oak/red maple/ash/tulip poplar, or,

(e)

Oak/hickory/beech.

Upland Association. This type of woodland association occurs on drier and excessively drained soils. Over time these woodlands will consist mostly of mixed oaks. Mature trees within this association consist of:

(a)

Black locust, or,

(b)

Oak/hickory;

(c)

Red pine.

YARD

Shall mean:

Yard. An open space unobstructed from the ground up, on the same lot with a structure, and extending along the lot line or street line inward to the structure. The size of a required yard shall be measured as the shortest distance between the structure and a lot line or street line.

Yard, front. A yard between a structure and a street line and extending the entire length of the street line. In the case of a lot that fronts on more than one street, the yards extending along all streets are front yards.

Yard, rear. A yard between a structure and a rear lot line and extending the entire length of the rear lot line.

Yard, side. A yard between a structure and a side lot line, extending from the front yard to the rear yard. In the case of a lot having no street frontage or a lot of odd shape, any yard that is not a front yard or a rear yard shall be considered a side yard.

ZONING OFFICIAL/OFFICER

Shall mean the Zoning Officer of the Township of Union, Hunterdon County.

ZONING PERMIT

Shall mean a document signed by the administrative officer (1) which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and (2) which acknowledges that such use, structure or building complies with the provisions of the municipal zoning ordinance or variance therefrom duly authorized by a municipal agency pursuant to Sections 47 and 57 (C. 40:55D-60, C. 40:55D-70) of the Act.

[1]

Editor's Note: Ordinance No. 2004-10 which added this definition to § 30-2 was adopted December 1, 2004.

[2]

Editor's Note: This chapter was adopted by Ord. No. 85-9 on December 11, 1985, and became effective pursuant to law.

[3]

Editor's Note: A copy of the Street Classification Map is on file in the Township Clerk's office.

§ 30-3 ESTABLISHMENT OF DISTRICTS.

§ 30-3.1 Establishment of Districts.

[Ord. No. 85-9, § 300; Ord. No. 2005-10, § I]

Union Township is hereby divided into districts of different types, each type being of such number, shape, kind, and area and of such common unity of purpose and adaptability of use that are deemed most suitable to carry out the objectives of this chapter and the Comprehensive Master Plan.

§ 30-3.2 Classes of Districts.

[Ord. No. 85-9, § 301; Ord. No. 86-8, § 1; Ord. No. 99-14, § 1A; Ord. No. 2000-11, § 2; Ord. No. 2005-10, § I]

For the purpose of this chapter, Union Township is hereby divided into districts which shall be designated as follows:

a.	WM District	Watershed Management.
b.	CM District	Conservation Management.
c.	AP-1 District	Agricultural Preservation 1.
d.	AP-2 District	Agricultural Preservation 2.
e.	CR District	Country Residential.
f.	VR District	Village Residential.
g.	RM District	Multi-Family Residential.
h.	VC District	Village Commercial.
i.	PC District	Planned Commercial.
j.	PO District	Professional Office.
k.	OR District	Office Research/Highway.
l.	Q District	Quarry.
m.	U District	Utilities.
n.	INS District	Institutional.
o.	P District	Parkland.
p.	MFO District [Added 12-19-2018 by Ord. No. 2018-14]	Multifamily Inclusionary Overlay.

§ 30-3.3 Zoning Districts Map.

[Ord. No. 85-9, § 1; Ord. No. 86-4, § 2; Ord. No. 86-5, § 1; Ord. No. 86-8, § 1; Ord. No. 87-13; Ord. No. 88-6, § 1; Ord. No. 90-2, § 2; Ord. No. 91-7, § 6; Ord. No. 2-94, § 1; Ord. No. 98-12, § 3; Ord. No. 99-14, § 1B; Ord. No. 2000-2, § 2; Ord. No. 2000-11, § 1; Ord. No. 2000-13, § 1; Ord. No. 2001-2, § 5; Ord. No. 2001-6, § 3; Ord. No. 2005-10, § I; Ord. No. 2006-6, § I.]

Zoning Map Adopted. Districts are bounded and defined as shown in the map entitled "Land Use Plan — Union Township, Hunterdon County, New Jersey," dated November 14, 2013, which accompanies and which, with all explanatory matters thereon, is hereby made a part of this chapter. The Zoning Map may be found at the end of this chapter.

[Ord. No. 2014-3 § 1]

Zoning Map Amendments.

Ord. No. 2022-10: The zoning districts map entitled “Land Use Plan – Union Township, Hunterdon County, New Jersey,” dated November 14, 2013, is hereby amended by removing Block 22, Lots 29, 31.01-31.14, and 32.01-32.19, and Block 22.02, Lots 10-24, from the VR District and adding them to the CR District, in accordance with Section 1 of this ordinance and as shown on Exhibit B[1] attached hereto.

[Added 12-21-2022 by Ord. No. 2022-10]

[1]

Editor's Note: Exhibit B is on file in the Township offices.

Prior Zoning Map History: Prior to Ord. No. 2014-3, Zoning Map ordinances included the following:

§ 30-3.4 Interpretation of District Boundaries.

[Ord. No. 85-9, § 303; Ord. No. 2005-10, § I]

Whereby uncertainty exists with respect to the boundaries of the district as indicated on the Zoning Map, the following rules shall apply:

Where district boundaries are indicated as approximately coinciding with the centerlines of streets, highways, railroad lines, or streams, such centerlines shall be construed to be such boundaries.

Where district boundaries are so indicated that they approximately coincide with lot lines, such lot lines shall be construed to be the boundaries; or where district boundaries are extensions of lot lines or connect the intersections of lot lines, such lines shall be the district boundaries.

Where district boundaries are so indicated that they are approximately parallel to centerlines of streets or highways, such district boundaries shall be construed as being parallel thereto and at such distance from as indicated on the Zoning Map.

§ 30-3.5 Statement of Purpose and Intent for the Districts.

[Ord. No. 85-9, § 304; Ord. No. 86-8, § 1; Ord. No. 90-2, § 2; Ord. No. 99-14, § 1C; Ord. No. 2000-11, § 3; Ord. No. 2005-10, § I]

Watershed Management (WM). The Watershed Management District consists of a district within Union Township with limited development potential due to steep slopes, poor suitability for on-lot sewer systems, high soil erosion potential, and limited groundwater availability. For these reasons and because of the presence of threatened and endangered species, extensive forested areas, C-1 Category Streams and associated buffers and the proximity of these areas to the Spruce Run Reservoir, development is limited to single-family detached development on large lots (nine acres) for scattered-type development. It is also the intention of this district to make the intensity of development more consistent with the very low-density zoning permitted in abutting municipalities.

Conservation Management (CM). The Conservation Management District consists of districts within Union Township with limited development potential due to steep slopes, wetlands, C-1 Category streams and associated buffers, poor suitability for on-lot sewer systems, high soil erosion potential, and limited groundwater availability. For these reasons development is limited to single-family detached development on large lots 8.3 acres) for scattered-type development. Because these districts consist of mostly environmentally sensitive lands with limited development potential, it is also desirable for open space preservation and environmental protection.

Agricultural Preservation (AP-1 & AP-2). These districts are intended to protect and preserve areas of prime agricultural soils for continued agricultural and agriculturally oriented uses. These districts consist of the most agriculturally productive soils. Their loss cannot be readily compensated, since these soils are relatively scarce, particularly on the national level, and poorer soils require more capital energy and nutrients to provide equal productivity. For these reasons, land should not be converted from agricultural use to another zoning classification and uses are permitted in both use type and intensity which provide maximum opportunities for open space in order to insure the availability and protection of prime agricultural soils and soils of statewide importance. The Agricultural Preservation District has been modified into three separate areas, which are distinct due to ground water resources. The Agricultural Preservation District located north of Route 78 (AP-1 District) is intended for development at an equivalent density of one unit per four acres. The two Agricultural Preservation Districts located to the south of Route 78 (AP-2 Districts) are intended for development at an equivalent density of one unit per 8.3 acres.

Country Residential (CR). The Country Residential Districts are intended to protect districts of existing residential development and preserve areas of Union Township which are presently rural in character and use. The standards developed for the district are designed to permit limited infill development compatible with the existing rural residential development that has currently been built or in limited undeveloped areas where a higher suitability for groundwater availability and quality permit small development within this district.

Village Residential (VR). The Village Residential Districts are intended to provide design standards and use regulations for older village neighborhoods of Jutland, Norton and of Pattenburg that were built prior to the advent of municipal planning and zoning. In addition, these districts are also intended to allow for the expansion of moderate density village type development adjacent to the Village of Jutland north of Race Street and Perryville Road. Single-family detached dwelling units are permitted on medium to small sized lots which are in keeping with the character of the older villages. Wastewater management shall be provided in accordance with approved individual on-lot septic or community sewage disposal where medium density building or development is proposed. These districts are also located where there is a higher suitability for groundwater availability and quality. Consequently recommended densities are 0.606 acres per dwelling unit.

Multi-Family Residential (RM). The Multi-Family Residential Districts are intended to provide higher density development in areas adjacent to the built-up town of Clinton including the existing Union Gap Village Condominiums. Multi-family development will be permitted only with public water and sanitary sewer service and the inclusion of housing units affordable to low and moderate-income households.

Village Commercial (VC). In the Village Commercial Districts the intent is to provide for a small neighborhood commercial use on approximately 57 acres along the I-78 corridor and on 12 acres in the Village of Pattenburg, creating a community focal point for local services. Village-type commercial uses would be permitted. Because of the potential concentration of commercial activity, controls will be required to insure the design and coordination of building and parking arrangements, provide for safe access, pedestrian paths, adequate lighting consistent with the lighting ordinance, landscaping with extensive screening as well as building materials and details that are consistent with good design practices, design standards, and the rural/agricultural heritage of Union Township. Signage shall be minimized to preserve and protect the rural and agricultural environment of the Township as well as its scenic vistas.

Planned Commercial (PC). In the Planned Commercial District the intent is to provide reasonable standards for the orderly development of highway-oriented businesses and commercial uses along Route 173 north of I-78. Due to the nature of their activities, these uses must be appropriately located with adequate street frontage along Route 173 in order to be coordinated into an overall plan which avoids undue congestion of the highway. Because of the potential concentration of substantial retail activity, controls will be required to insure the design and coordination of building and parking arrangements, provide for safe access, pedestrian paths, adequate lighting consistent with the lighting ordinance, landscaping with extensive screening along Route 173 as well as building materials and details that are consistent with good design practices, design standards, and the rural/agricultural heritage of Union Township. Signage shall be minimized to preserve and protect the rural and agricultural environment of the Township as well as its scenic vistas.

Professional Office (PO). The Professional Office District is primarily intended to accommodate low intensity medical, professional, administrative, and government office uses on small to mid-sized sites near rural, country and other residential areas. The purposes of the Professional Office District is to provide areas wherein offices may be erected, maintained and used for persons engaged in business pursuits not involving the on-site sale of or handling of goods, wares, merchandise or commodities. These offices would be maintained for the conduct of professional, administrative and executive purposes of a recognized profession, such as accountants, insurance brokers, realtors, fiscal agents, engineers, architects, teachers, attorneys, and medical professionals. Because of the potential concentration of commercial activity, controls will be required to ensure the design and coordination of building and parking arrangements, provide for safe access, pedestrian paths, adequate lighting consistent with the lighting ordinance, landscaping with extensive screening along I- 78, route 173 and Frontage Road, as well as building materials and details that are consistent with good design practices, design standards, and the rural/agricultural heritage of Union Township. Signage shall be minimized to preserve and protect the rural and agricultural environment of the Township as well as its scenic vistas.

Office Research/Highway (OR). The intent of the Office Research/Highway District is to provide for office and research uses on large tracts of land, which will provide an employment center for the region while preserving and enhancing its open space characteristics and natural features. Orientation is along Interstate 78, Route 173 and Frontage Road and the interchanges to minimize a potential negative traffic impact upon the community. Design standards minimize diverse impacts and encourage high quality development. Because of the potential concentration of commercial activity, controls will be required to insure the design and coordination of building and parking arrangements, provide for safe access, pedestrian paths, adequate lighting consistent with the lighting ordinance, landscaping with extensive screening along I-78, Route 173 and Frontage Road as well as building materials and details that are consistent with good design practices, design standards, and the rural/agricultural heritage of Union Township. Signage shall be minimized to preserve and protect the rural and agricultural environment of the Township as well as its scenic vistas.

Quarry (Q). The intent of the Quarry Districts is to provide for safe and efficient quarrying operations and to set standards for their ultimate reclamation. Upon completion of such operation, including all reclamation, the municipality shall determine the feasibility of rezoning this district. Because of the impacts of quarrying activity(ies), controls will be required to insure the design and coordination of building and parking arrangements, provide for safe ingress and egress, adequate lighting consistent with the lighting ordinance, fencing, landscaping and extensive screening as well as good operating procedures that are consistent with good design and operating practices, design and operating standards, and the rural/agricultural heritage of Union Township. Signage shall be minimized to preserve and protect the rural and agricultural environment of the Township as well as its scenic vistas.

Utilities (U). The purpose of the Utilities District is to establish a district of the Township within which essential services and necessary regional and local utilities can be concentrated and to establish standards for location, maintenance, and buffering of electric transmission lines. By establishing such an area, the Township can protect the appearance of the community and avoid land use conflicts and environmental damage.

Institutional (INS). The purpose of the Institutional District is to recognize districts within the Township that are owned and managed by government entities. These districts include State, County and municipal parks and gamelands, and State institutions.

Parkland (P). The purpose of the Parkland District is to recognize the areas within the Township that are parkland, either owned by the State, County or the Township.

Multifamily Inclusionary Overlay (MFO): To address its affordable housing durational adjustment in accordance with the requirements of the Settlement Agreement entered on May 2, 2018, between Union Township and Fair Share Housing Center, the Township shall implement an Inclusionary Overlay Zone Ordinance that creates a realistic opportunity for housing that is affordable to low- and moderate-income households on the properties in the Township of Union known as the Foster Wheeler site (Block 13, Lot 7) and the Red Hills Quarry site (Block 22, Lots 28 and 30). This subsection establishes the Multifamily Inclusionary Overlay Zone - the MFO District -and permits multifamily and townhouse development on the properties identified above provided that such housing complies with a required 20% inclusionary set-aside requirement in for-sale development and 15% inclusionary set-aside requirement for rental development and with the requirements of this subsection. This subsection shall not take effect unless developers with interest in these sites obtain approval for sewer-service allocation to be used for residential purposes.

[Added 12-19-2018 by Ord. No. 2018-14]

§ 30-4 DISTRICT REGULATIONS. [1]

[1]

Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 85-9, 86-4, 86-7, 86-8, 86-10, 86-11, 88-5, 88-11, 90-2, 91-7, 93-11, 94-9, 96-1, 96-22, 98-7, 98-12, 99-14, 2000-11 and 2003-18.

§ 30-4.1 Watershed Management District.

[Ord. No. 2006-4, § I; Ord. No. 2011-10, § 2; Ord. No. 2015-6 § 2]

In the WM Watershed Management District, the following regulations shall apply:

Use Regulations. A building may be erected or altered, to be used either in whole or in part, and a lot may be used or occupied for any of the following uses, and no other, provided that such uses shall comply with such regulations as yard, lot size, lot width, building area and height, impervious surfaces, easements, buffer yards, off-street parking, and other provisions as are specified in other sections herein.

Uses by Right. Any of the following uses shall be permitted provided the Use Regulations, § 30-5, of this chapter have also been met:

(a)

A-1 Agriculture and horticulture.

(b)

A-3 Forestry.

(c)

A-6 Agricultural sales/farm stands.

(d)

B-1 Single-family detached residences.

(e)

B-9 Residential conversion.

(f)

B-11 Community residence.

(g)

C-5 Recreational facility.

(h)

H-1 Home occupation.

(i)

H-2 Residential accessory structure.

(j)

H-4 Accessory building.

(k)

H-5 Temporary structure.

(l)

H-6 Swimming pool.

(m)

H-9 Recreational vehicles.

(n)

H-10 Accessory use for agricultural purposes.

(o)

F-6 Renewable energy facility, accessory use.

Uses by Conditional Approval. Any of the following uses shall be considered permitted, provided the conditions for conditional use approval have been met in accordance with § 30-10, in addition to § 30-5, Use Regulations, of this chapter:

(a)

A-4 Riding Academy.

(1)

A maximum of one horse per two acres shall be permitted in the Watershed Management Area.

(b)

A-5 Kennel.

(c)

B-7 Single-Family Detached Cluster.

(d)

E-8 Bed and Breakfast.

(1)

Bed and breakfast uses will be permitted in existing historic houses.

Signs in accordance with § 30-8 shall be permitted.

Table of Performance Regulations. All regulations must be met. These regulations may be less strict than other performance standards in § 30-6, Environmental Performance Standards, but the strictest regulations shall govern.

Dwelling Type	Maximum Gross Density (DU/AC) (2)	Minimum Open Space Ratio	Maximum Impervious Surface Ratio	Minimum Gross Site Area	Minimum Lot Area
WM Watershed Management
Single-Family Detached	0.09	—	0.03	9.0 acres	9.0 acres
Single-Family Detached Cluster	0.09	0.819	0.03	25	2.0 acres
Agricultural	0.09	—	0.05	9.0 acres	9.0 acres
Other Uses	0.09	—	0.03	9.0 acres	9.0 acres (1)

Footnotes:
(1)	Or otherwise as required for each specific use in § 30-5 herein, if they are greater.
(2)	In order to determine the FAR or density for a given site, multiply acreage by the ratio (density or FAR) to determine site's potential yield. The FAR or density yield also may be affected by other bulk requirements, such as impervious coverage, parking, etc.

Table of Area and Dimensional Regulations. The following area and dimensional regulations shall apply:

Dwelling Type	Minimum Lot Area	Minimum Lot Width	Minimum Frontage (feet)	Maximum Building Height ⁽¹⁾	Minimum Yards (feet)
Dwelling Type	Minimum Lot Area	Minimum Lot Width	Minimum Frontage (feet)	Maximum Building Height ⁽¹⁾	Front	Side	Rear
WM Watershed Management
Single-Family Detached	9.0 acres	350 feet	60	35 feet or 2 1/2 stories	100	100	100
Single-Family Detached Cluster	2.0 acres	150 feet	60	35 feet or 2 1/2 stories	75	35	100
Agricultural	9.0 acres	350 feet	60	35 feet or 2 1/2 stories	100	100	100
Other Uses	9.0 acres ⁽²⁾	350 feet	60	35 feet or 2 1/2 stories	100	100	100

Footnotes:
(1)	Whichever is less.
(2)	Or otherwise as required for each specific use in § 30-5 herein, if they are greater.

§ 30-4.2 Conservation Management District.

[Ord. No. 2006-4, § I; Ord. No. 2011-10, § 3; Ord. No. 2015-6 § 2]

In the CM Conservation Management District, the following regulations shall apply:

Uses by Right. Any of the following uses shall be permitted provided the use regulations, § 30-5, of this chapter have also been met:

(a)

A-1 Agriculture and horticulture.

(b)

A-3 Forestry.

(c)

A-6 Agricultural sales/farm stands.

(d)

B-1 Single-family detached residences.

(e)

B-9 Residential conversion.

(f)

B-11 Community residence.

(g)

C-5 Recreational facility.

(h)

H-1 Home occupation.

(i)

H-2 Residential accessory structure.

(j)

H-4 Accessory building.

(k)

H-5 Temporary structure.

(l)

H-6 Swimming pool.

(m)

H-9 Recreational vehicles.

(n)

H-10 Accessory use for agricultural purposes.

(o)

H-11 Accessory apartment.

(p)

F-6 Renewable energy facility, accessory use.

Uses by Conditional Approval. Any of the following uses shall be considered permitted, provided the conditions for conditional use approval have been met in accordance with § 30-10 in addition to § 30-5, Use Regulations, of this chapter:

(a)

A-4 Riding Academy.

(1)

A maximum of one horse per two acres shall be permitted in the Conservation Management Districts.

(b)

A-5 Kennel.

(c)

B-7 Single-family detached cluster.

(d)

E-8 Bed and Breakfast.

(1)

Bed and breakfast uses will be permitted in existing historic houses.

(e)

E-12 Veterinary office or clinic.

Signs in accordance with § 30-8 shall be permitted.

Table of performance regulations. All regulations must be met. These regulations may be less strict than other performance standards in §30-6, Environmental Performance Standards, but the strictest regulations shall govern.

[Amended 12-16-2020 by Ord. No. 2020-10]

Dwelling Type	Maximum Gross Density (DU/AC)⁽²⁾	Minimum Open Space Ratio	Maximum Impervious Surface Ratio	Minimum Gross Site Area (acres)	Minimum Lot Area (acres)
CM Conservation Management
Single-family detached	0.12	—	0.03⁽³⁾	8.3	8.3
Single-family detached cluster	0.12	0.819	0.03⁽³⁾	25.0	1.5
Agricultural	0.12	—	0.05⁽³⁾	8.3	8.3
Other uses 3 acres⁽¹⁾	0.12	—	0.03⁽³⁾	8.3	8.3

NOTES:
⁽¹⁾	Or otherwise as required for each specific use in § 30-5 herein, if they are greater.
⁽²⁾	In order to determine the FAR or density for a given site, multiply acreage by the ratio (density or FAR) to determine site's potential yield. The FAR or density yield also may be affected by other bulk requirements, such as impervious coverage, parking, etc.
⁽³⁾	Development on lots which are less than 8.3 acres and were created prior to November 12, 2020, (existing lots) that results in impervious coverage in excess of the greater of 0.03 or 5,000 square feet store the runoff from the excess impervious coverage from the equivalent of three inches of precipitation in a stormwater management facility with an outlet not greater than 1 1/2 inches. For lots less than 8.3 acres, in no instance is the impervious coverage to exceed 10,846 square feet.

Table of Area and Dimensional Regulations. The following area and dimensional regulations shall apply:

Dwelling Type	Minimum Lot Area	Minimum Lot Width	Minimum Frontage (feet)	Maximum Building Height ⁽¹⁾	Minimum Yards
Dwelling Type	Minimum Lot Area	Minimum Lot Width	Minimum Frontage (feet)	Maximum Building Height ⁽¹⁾	Front	Side (feet)	Rear
CM Conservation Management
Single-Family Detached	8.3 acres	200 feet	60	35 feet or 2 1/2 stories	75	50	100
Single-Family Detached Cluster	1.5 acres	150 feet	60	35 feet or 2 1/2 stories	75	35	100
Agricultural	8.3 acres	300 feet	60	35 feet or 2 1/2 stories	75	50	100
Other Uses	8.3 acres	300 feet	60	35 feet or 2 1/2 stories	75	50	100

Footnotes:
(1)	Whichever is less.

§ 30-4.3 AP Agricultural Preservation Districts.

§ 30-4.3-1 Agricultural Preservation 1 District.

[Ord. No. 2006-4, § 1; Ord. No. 2011-10, § 4; Ord. No. 2015-6 § 2]

In the AP-1 Agricultural Preservation 1 District, the following regulations shall apply:

Uses by Right. Any of the following uses shall be permitted provided the Use Regulations, § 30-5, of this chapter have also been met:

(a)

A-1 Agriculture and horticulture.

(b)

A-2 Intensive agriculture.

(c)

A-3 Forestry.

(d)

A-6 Agricultural sales/farm stands.

(e)

B-1 Single-family detached residences.

(f)

B-9 Residential conversion.

(g)

G-11 Community residence.

(h)

C-5 Recreational facility.

(i)

H-1 Home occupation.

(j)

H-2 Residential accessory structure.

(k)

H-4 Accessory building.

(l)

H-5 Temporary structure.

(m)

H-6 Swimming pool.

(n)

H-9 Recreational vehicles.

(o)

H-10 Accessory use for agricultural purposes.

(p)

H-11 Accessory apartments.

(q)

F-6 Renewable energy facility, accessory use.

(a)

A-4 Riding Academy.

(1)

A maximum of one horse per two acres shall be permitted in the Agricultural Preservation Districts.

(b)

A-5 Kennel.

(c)

B-7 Single-family detached cluster.

(d)

E-8 Bed and Breakfast.

(1)

Bed and breakfast uses will be permitted in existing historic houses.

(e)

E-12 Veterinary office or clinic.

Signs in accordance with § 30-8 shall be permitted.

Table of performance regulations. All regulations must be met. These regulations may be less strict than other performance standards in § 30-6, Environmental Performance Standards, but the strictest regulations shall govern.

[Amended 12-16-2020 by Ord. No. 2020-10]

Dwelling Type	Maximum Gross Density (DU/AC) ⁽⁵⁾	Minimum Open Space Ratio	Maximum Impervious Surface Ratio (acres)	Minimum Gross Site Area (acres)	Minimum Lot Area
AP-1 Agricultural Preservation 1
Single-family detached	0.12	—	0.03⁽⁶⁾	8.3	1.5 acres ⁽¹⁾
Single-family detached cluster	0.12	0.819	0.03⁽⁶⁾	27	30,000 square feet ⁽²⁾ 1.5 acres ⁽³⁾
Agricultural	0.12	—	0.05⁽⁶⁾	6	6 acres
Other uses	0.12	—	0.03⁽⁶⁾	10	10 acres ⁽⁴⁾

NOTES:
(1)	For each 1.5 acre lot created, 6.8 acres of remaining land shall be permanently deed restricted from non-agricultural uses.
(2)	Net buildable portion of the lot for the purposes of defining minimum lot area.
(3)	Total fee simple portion of the lot including conservation open space.
(4)	Or otherwise as required for each specific use in § 30-5 herein.
(5)	In order to determine the FAR or density for a given site, multiply acreage by the ratio (density or FAR) to determine site's potential yield. The FAR or density yield also may be affected by other bulk requirements, such as impervious coverage, parking, etc.
(6)	Development on lots which are less than 8.3 acres and were created prior to November 12, 2020, (existing lots) that results in impervious coverage in excess of the greater of 0.03 or 5,000 square feet shall store the runoff from the excess impervious coverage from the equivalent of 3 inches of precipitation in a stormwater management facility with an outlet not greater than 1.5 inches. For lots less than 8.3 acres, in no instance is the impervious coverage to exceed 10,846 square feet.

Table of Area and Dimensional Regulations. The following area and dimensional regulations shall apply:

Dwelling Type	Minimum Lot Area	Minimum Lot Width	Maximum Building Height ⁽¹⁾	Minimum Yards (feet)			Minimum Distance Between Buildings
Dwelling Type	Minimum Lot Area	Minimum Lot Width	Maximum Building Height ⁽¹⁾	Front	Side	Rear	Minimum Distance Between Buildings
AP-1 Agricultural Preservation 1
Single-Family Detached	1.5 acres	200 feet	35 feet or 2 1/2 stories	70	35	100	—
Single-Family Detached Cluster	30,000 square feet ⁽²⁾ 1.5 acres ⁽³⁾	125 feet	35 feet or 2 1/2 stories	50	25	50	50 feet
Agricultural Uses	6 acres	200 feet	35 feet or 2 1/2 stories	75	50	100	—
Other Uses	10 acres	200 feet	35 feet or 2 1/2 stories	75	50	100	—

Footnotes:
(1)	Whichever is less.
(2)	Net buildable portion of the lot for the purposes of defining minimum lot area.
(3)	Total fee simple portion of the lot including conservation open space.
The remainder of the AP Agricultural Preservation District south of I-78 shall be the AP-2 Agricultural Preservation 2 District.

§ 30-4.3-2 Agricultural Preservation 2 District.

[Ord. No. 2006-4, § I; Ord. No. 2011-10, § 5; Ord. No. 2015-6 § 2]

In the AP-2 Agricultural Preservation 2 District, the following regulations shall apply:

Uses by Right. Any of the following uses shall be permitted provided the Use Regulations, § 30-5, of this chapter have also been met:

(a)

A-1 Agriculture and horticulture.

(b)

A-2 Intensive agriculture.

(c)

A-3 Forestry.

(d)

A-6 Agricultural sales/farm stands.

(e)

B-1 Single-family detached residences.

(f)

B-9 Residential conversion.

(g)

B-11 Community residence.

(h)

C-5 Recreational facility.

(i)

H-1 Home occupation.

(j)

H-2 Residential accessory structure.

(k)

H-4 Accessory building.

(l)

H-5 Temporary structure.

(m)

H-6 Swimming pool.

(n)

H-9 Recreational vehicles.

(o)

H-10 Accessory use for agricultural purposes.

(p)

H-11 Accessory apartments.

(q)

F-6 Renewable energy facility, accessory use.

(a)

A-4 Riding academy.

(b)

A-5 Kennel.

(c)

B-7 Single-family detached cluster.

(d)

E-8 Bed and Breakfast.

(1)

Bed and breakfast uses will be permitted in existing historic houses.

(e)

E-12 Veterinary office or clinic.

Signs in accordance with §30-8 shall be permitted.

[Amended 12-16-2020 by Ord. No. 2020-10]

Dwelling Type	Maximum Gross Density (DU/AC) ⁽³⁾	Minimum Open Space Ratio	Maximum Impervious Surface Ratio	Minimum Gross Site Area (acres)	Minimum Lot Area
AP-2 Agricultural Preservation 2
Single-family detached	0.12	—	0.03⁽⁶⁾	8.3	1.5 acres⁽¹⁾
Single-family detached cluster	0.12	0.819	0.03⁽⁶⁾	27	30,000 square feet ⁽⁴⁾1.5 acres ⁽⁵⁾
Agricultural	0.12	—	0.05⁽⁶⁾	6	6 acres
Other uses	0.12	—	0.03⁽⁶⁾	10	10 acres ⁽²⁾

Footnotes:
(1)	For each 1.5 acre lot created, 6.8 acres of remaining land shall be permanently deed restricted from non-agricultural uses.
(2)	Or otherwise as required for each specific use in § 30-5 herein.
(3)	In order to determine the FAR or density for a given site, multiply acreage by the ratio (density or FAR) to determine site's potential yield. The FAR or density yield also may be affected by other bulk requirements, such as impervious coverage, parking, etc.
(4)	Net buildable portion of the lot for the purposes of defining minimum lot area.
(5)	Total fee simple portion of the lot including conservation open space.
(6)	Development on lots which are less than 8.3 acres and were created prior to November 12, 2020, (existing lots) that results in impervious coverage in excess of the greater of 0.03 or 5,000 square feet shall store the runoff from the excess impervious coverage from the equivalent of 3 inches of precipitation in a stormwater management facility with an outlet not greater than 1.5 inches. For lots less than 8.3 acres, in no instance is the impervious coverage to exceed 10,846 square feet.

Table of Area and Dimensional Regulations. The following area and dimensional regulations shall apply:

Dwelling Type	Minimum Lot Area	Minimum Lot Width	Maximum Building Height ⁽¹⁾	Minimum Yards (feet)			Minimum Distance Between Buildings
Dwelling Type	Minimum Lot Area	Minimum Lot Width	Maximum Building Height ⁽¹⁾	Front	Side	Rear	Minimum Distance Between Buildings
AP-2 Agricultural Preservation 2
Single-Family Detached	1.5 acres	200 feet	35 feet or 2 1/2 stories	70	35	100	—
Single-Family Detached Cluster	30,000 square feet (2) 1.5 acres ⁽³⁾	125 feet	35 feet or 2 1/2 stories	50	25	50	50 feet
Agricultural Uses	6 acres	200 feet	35 feet or 2 1/2 stories	75	50	100	—
Other Uses	10 acres	200 feet	35 feet or 2 1/2 stories	75	50	100	—

Footnotes:
(1)	Whichever is less.
(2)	Net buildable portion of the lot for the purposes of defining minimum lot area.
(3)	Total fee simple portion of the lot including conservation open space.

§ 30-4.4 Country Residential District.

[Ord. No. 2006-4, § I; Ord. No. 2006-6, § II; Ord. No. 2011-10, § 6; Ord. No. 2015-6 § 2]

In the CR Country Residential District, the following regulations shall apply:

Uses by Right. Any of the following uses shall be permitted provided the Use Regulations, § 30-5, of this chapter have also been met:

(a)

A-1 Agriculture and horticulture.

(b)

A-3 Forestry.

(c)

A-6 Agricultural sales/farm stands.

(d)

B-1 Single-family detached residences.

(e)

B-7 Single-family detached cluster.

(f)

B-11 Community residence.

(g)

C-4 Library or museum.

(h)

C-5 Recreational facility.

(i)

H-1 Home occupation.

(j)

H-2 Residential accessory structure.

(k)

H-4 Accessory building.

(l)

H-5 Temporary structure.

(m)

H-6 Swimming pool.

(n)

H-9 Recreational vehicles.

(o)

H-11 Accessory apartment.

(p)

B-12 Continuing care facilities.

(q)

F-6 Renewable energy facility, accessory use.

[Ord. No. 2015-6, § 2]

(a)

B-9 Residential conversion.

(b)

C-2 School.

(c)

C-8 Private club.

(d)

E-8 Bed and Breakfast.

(1)

Bed and breakfast uses will be permitted in existing historic houses.

Signs in accordance with § 30-8 shall be permitted.

Table of Performance Regulations. These regulations below may be less strict than the performance standards in § 30-6, Environmental Performance Standards; however, where the environmental performance standards in § 30-6 are more strict than the standards in this subsection, the environmental protection standards in § 30-6 shall apply.

Dwelling Type	Maximum Gross Density (DU/AC)⁽²⁾	Minimum Open Space Ratio	Maximum Impervious Surface Ratio	Minimum Gross Site Area	Minimum Lot Area
CR Country Residential District
Single-Family Detached	0.44	—	0.10	2 acres	2 acres
Single-Family Detached Cluster	0.44	0.24	0.15	15 acres	1.5 acres
Other Uses	0.44	—	0.35	5 acres	5 acres ⁽¹⁾

Footnotes:
(1)	Or otherwise as required for each specific use in § 30-5 herein.
(2)	In order to determine the FAR or density for a given site, multiply acreage by the ratio (density or FAR) to determine site's potential yield. The FAR or density yield also may be affected by other bulk requirements, such as impervious coverage, parking, etc.

Table of Area and Dimensional Regulations. The following area and dimensional regulations shall apply:

Dwelling Type	Minimum Lot Area	Minimum Lot Width	Maximum Building Height ⁽¹⁾	Minimum Yards (feet)
Dwelling Type	Minimum Lot Area	Minimum Lot Width	Maximum Building Height ⁽¹⁾	Front	Side	Rear
CR District
Single-Family Detached	2 acres	200	35 feet or 2 1/2 stories	75	35	100
Single-Family Detached Cluster	1.5 acres	150	35 feet or 2 1/2 stories	75	35	100
Other Uses	5 acres	200(2)	35 feet or 2 1/2 stories	100	50	100

Footnotes:
(1)	Whichever is less.
(2)	Other uses shall not be required to meet the frontage requirements of this table provided that (a) the tract upon which the use is to be located has at least 50 feet of frontage on a public road with appropriate site distance easements for the public street as provided in § 30-22; and (b) total area of the lot exclusive of the frontage strip providing access exceeds 5 acres in size. Also, (c) the access drive shall be constructed in accordance with the provisions of § 30-22 for residential collector streets, however, the pavement width shall not be less than 24 feet with no parking permitted on the cartway.

§ 30-4.5 Village Residential District.

[Ord. No. 2006-4, § I; Ord. No. 2011-10, § 7; Ord. No. 2015-6 §§ 2, 3]

In the VR Village Residential District, the following regulations shall apply:

Uses by Right. Any of the following uses shall be permitted provided the Use Regulations, § 30-5, of this chapter have also been met:

(a)

A-1 Agriculture and horticulture.

(b)

A-3 Forestry.

(c)

A-6 Agricultural sales/farm stands.

(d)

B-1 Single-family detached residences.

(e)

(Reserved)[1]

[1]

Editor's Note: Former Subsection a1(e), B-2 Twin house, was repealed 12-19-2018 by Ord. No. 2018-13 and 7-17-2019 by Ord. No. 2019-9.

(f)

B-3 Duplex.

(g)

B-7 Single-family detached cluster.

(h)

B-10 Age restricted housing.

(i)

B-11 Community residence.

(j)

B-12 Continuing care facility.

(k)

C-4 Library or museum.

(l)

C-5 Recreational facility.

(m)

C-7 Golf course.

(n)

C-9 Community center.

(o)

C-11 Nursing home.

(p)

C-13 Municipal building.

(q)

H-1 Home occupation.

(r)

H-2 Residential accessory structure.

(s)

H-4 Accessory building.

(t)

H-5 Temporary structure.

(u)

H-6 Swimming pool.

(v)

H-9 Recreational vehicles.

(w)

H-11 Accessory apartment.

(x)

F-6 Renewable energy facility, accessory use.

(a)

C-1 Place of worship.

(b)

C-2 School.

(c)

C-3 Commercial school.

(d)

C-8 Private club.

(e)

C-10 Child care center.

(f)

E-8 Bed and Breakfast.

(1)

Bed and breakfast uses will be permitted in existing historic houses.

(g)

E-10 Tavern.

(h)

F-2 Emergency services.

(i)

H-3 Boarding.

Signs in accordance with § 30-8 shall be permitted.

Table of Performance Regulations. All regulations must be met. These regulations below may be less strict than the performance standards in § 30-6, Environmental Performance Standards; however, where the environmental performance standards in § 30-6 are more strict than the standards in this subsection, the environmental protection standards in § 30-6 shall govern:

Dwelling Type	Maximum Gross Density (DU/AC) ⁽³⁾	Minimum Open Space Ratio	Maximum Impervious Surface Ratio	Minimum Gross Site Area	Minimum Lot Area
VR Village Residential District
Single-Family Detached	0.5	—	0.03(4)	2 acres	2 acres⁽⁵⁾
Single-Family Detached Cluster	0.6	0.25	0.25	15 acres	1.5 acres
Other Residential Uses ⁽¹⁾⁽⁶⁾	1.65⁽⁶⁾	—	0.25⁽⁶⁾	4,500 square feet⁽⁶⁾	4,500 square feet ⁽²⁾⁽⁶⁾
Other Uses	—	—	0.15	5 acres	5 acres ⁽²⁾

Footnotes:
(1)	See § 30-6.5a3 regarding common wastewater disposal systems on lots smaller than 1.5 acres.
(2)	Or otherwise as required for each specific use in § 30-5 herein.
(3)	In order to determine the FAR or density for a given site, multiply acreage by the ratio (density or FAR) to determine site's potential yield. The FAR or density yield also may be affected by other bulk requirements, such as impervious coverage, parking, etc.
(4)	Maximum impervious surface ratio of 0.03 or maximum impervious surface coverage of up to 2614 square feet as permitted within the setbacks, whichever is greater, for lots lawfully existing as of January 1, 2015. The portion of any driveway located outside the required minimum yards shall not be included in the impervious coverage calculation. [Ord. No. 2015-06 § 3; amended 10-19-2022 by Ord. No. 2022-8]
(5)	Single-family dwellings shall be allowed on all lots designed for B-2 Twin Houses and approved by the Planning Board before July 1, 2019, provided that no more than 74 such lots shall be permitted. [Added 6-5-2019 by Ord. No. 2019-7; amended 7-17-2019 by Ord. No. 2019-9]
(6)	Minimum lot area of 5,500 square feet permitted for lots approved by the Planning Board before July 1, 2019. Single-family detached dwellings shall be permitted, by right, on lots that were designed to meet the Other Residential Uses Performance Regulations, approved by the Planning Board and undeveloped as of July 1, 2019, provided that no more than 74 such lots shall be permitted. [Added 7-17-2019 by Ord. No. 2019-9]

Table of Area and Dimensional Regulations. The following area and dimensional regulations shall apply:

Dwelling Type	Minimum Lot Area	Minimum Lot Width	Maximum Building Height (feet) ⁽¹⁾	Floor Area Ratio	Minimum Yards (feet)			Minimum Distance Between Buildings
Dwelling Type	Minimum Lot Area	Minimum Lot Width	Maximum Building Height (feet) ⁽¹⁾	Floor Area Ratio	Front	Side	Rear	Minimum Distance Between Buildings
VR District
Single-Family Detached	2 acres⁽²⁾	125 feet⁽²⁾	35 feet or 2 1/2 stories		25⁽²⁾	20⁽²⁾	60⁽²⁾	30 feet⁽²⁾
Single-Family Detached Cluster	1.5 acres	110 feet	35 feet or 2 1/2 stories		20	15	40	30 feet
Other Residential Uses⁽³⁾	4,500 square feet⁽³⁾	45 feet⁽³⁾	35 feet or 2 1/2 stories		25⁽³⁾	10⁽³⁾	25⁽³⁾	20 feet⁽³⁾
Other Uses	5 acres	150 feet	35 feet or 2 1/2 stories	0.125	50	25	50	—

Footnotes
(1)	Whichever is less.
(2)	Minimum lot area of 6,100 square feet, minimum lot width of 45 feet, minimum front and rear yards of 25 feet, minimum side yards of five feet, 15 feet combined, and minimum distance between buildings of 15 feet permitted for lots approved by the Planning Board before July 1, 2019. Single-family dwellings shall be allowed on all lots designed for B-2 Twin Houses and approved by the Planning Board before July 1, 2019, provided that no more than 74 such lots shall be permitted. [Added 6-5-2019 by Ord. No. 2019-7; amended 7-17-2019 by Ord. No. 2019-9]
(3)	Minimum lot area of 5,500 square feet, minimum lot width of 45 feet, minimum front yard of 25 feet, minimum rear yard of 25 feet, minimum side yard of five feet, 15 feet combined, and minimum distance between buildings of 15 feet permitted for lots approved by the Planning Board before July 1, 2019. Single-family detached dwellings shall be a permitted use by right on all lots designed as "other residential uses," approved by the Planning Board and undeveloped as of July 1, 2019, provided that no more than 74 such lots shall be permitted. The minimum width of a single-family detached dwelling shall be 32.5 feet, as measured from the exterior walls. The single-family detached dwellings shall be treated as "other residential uses" in every other aspect pertaining to the Union Township Municipal Code. In the event a regulation for a single-family detached building and/or use is more restrictive than that of the other residential use, the other residential use shall apply. [Added 7-17-2019 by Ord. No. 2019-9]

§ 30-4.6 Multi-Family Residential District.

[Ord. No. 2015-6 § 2]

In the RM Multi-Family Residential District, the following regulations shall apply:

Uses by Right. Any of the following uses shall be permitted provided the Use Regulations, § 30-5, of this chapter have also been met:

(a)

A-1 Agriculture and horticulture.

(b)

A-3 Forestry.

(c)

A-6 Agricultural sales/farm stands.

(d)

B-1 Single-family detached residences.

(e)

B-2 Twin house.

(f)

B-3 Duplex.

(g)

B-4 Townhouse duplex.

(h)

B-5 Townhouse.

(i)

B-6 Multiplex.

(j)

B-7 Single-family detached cluster.

(k)

B-8 Performance subdivision.

(l)

B-9 Residential conversion.

(m)

B-10 Age Restricted housing.

(n)

B-11 Community residence.

(o)

B-12 Continuing care facilities.

(p)

C-5 Recreational facility.

(q)

C-9 Community center.

(r)

C-10 Child care center.

(s)

C-11 Nursing home.

(t)

F-2 Emergency services.

(u)

H-1 Home occupation.

(v)

H-2 Residential accessory structure.

(w)

H-3 Boarding.

(x)

H-5 Temporary structure.

(y)

H-6 Swimming pool.

(z)

H-11 Accessory apartment.

(aa)

F-6 Renewable energy facility, accessory use.

Uses by Conditional Approval. None.

Signs, in accordance with § 30-8, shall be permitted.

Table of Performance Regulations. The regulations below may be less strict than the performance standards in § 30-6, Environmental Performance Standards, however, where the environmental performance standards in § 30-6 are more strict than the standards in this subsection, the environmental protection standards in § 30-6 shall apply.

Dwelling Type	Maximum Gross Density (DU/AC)⁽³⁾	Minimum Open Space Ratio	Maximum Impervious Surface Ratio	Minimum Gross Site Area	Minimum Lot Area
RM District
Single-Family Detached Without sewer and water	0.6	—	0.03	1.5 acres	1.5 acres
Other Uses	—	—	0.15	2 acres	2 acres
Performance Subdivision:	6-8⁽¹⁾	⁽¹⁾	⁽¹⁾	⁽¹⁾	⁽¹⁾
Percentage of Units for Low and Moderate Income Housing Within an Inclusionary Development
10.0%	6	0.10	0.60	3 acres	⁽²⁾
12.5%	7	0.10	0.60	3 acres	⁽²⁾
15.0%	8	0.10	0.60	3 acres	⁽²⁾

Footnotes:
(1)	The performance subdivision is permitted by conditional use to permit for low and moderate-income housing. (See § 30-10, Conditional Uses.) The following provisions shall apply according to the percentage of low and moderate-income units proposed.
(2)	See Subsection c below, Table of Area and Dimensional Requirements.
(3)	In order to determine the FAR or density for a given site, multiply acreage by the ratio (density or FAR) to determine site's potential yield. The FAR or density yield also may be affected by other bulk requirements, such as impervious coverage, parking, etc.

Table of Area and Dimensional Regulations. The following area and dimensional regulations shall apply:

Dwelling Type	Minimum Lot Area Per Dwelling ⁽⁴⁾	Minimum Lot Width (feet)	Maximum Building Height (feet)	Floor Area Ratio	Minimum Yards (feet)			Minimum Distance Between Buildings (feet)
Dwelling Type	Minimum Lot Area Per Dwelling ⁽⁴⁾	Minimum Lot Width (feet)	Maximum Building Height (feet)	Floor Area Ratio	Front	Side	Rear	Minimum Distance Between Buildings (feet)
Performance Subdivision
Single-Family Detached	9,000 square feet	50	35 feet or 2 1/2 stories		30	15	30	35
Twin House	4,500 square feet	45	35 feet or 2 1/2 stories		25	10⁽¹⁾	25	20
Town House	2,500 square feet	24	35 feet or 2 1/2 stories		20	10⁽²⁾	30	30
Town House Duplex	2,000 square feet	24	35 feet or 2 1/2 stories		20	10⁽²⁾	30	30
Multiplex	2,500 square feet (3)	30	35 feet or 2 1/2 stories		25	20⁽²⁾	30	40
Other Uses	2 acres	100	35 feet or 2 1/2 stories	0.10	50	25	50	—

Footnotes:
(1)	Only one side yard shall be required.
(2)	At the ends of semi-detached or attached buildings.
(3)	Equals the minimum lot area per dwelling unit, provided the minimum lot area per building shall be 9,000 square feet.
(4)	See § 30-6.5a3 regarding common wastewater disposal systems on lots smaller than 1.5 acres.

Additional Requirements for Performance Subdivisions Constructed as Inclusionary Developments.

Any developer submitting an application for inclusionary development shall submit a plan for resale or rental controls to insure that the low and moderate income units remain affordable to low and moderate income households for at least 20 years. Such plan shall contain all the provisions set forth in this paragraph as well as conform to any regulations or guidelines adopted by the Township or any governmental agency of the Township.

Housing unit pricing information shall be submitted to the Union Township Planning Board as part of the preliminary plan application. The Township Committee shall be the agent responsible for assuring that low and moderate income housing units constructed as part of an inclusionary development remain affordable to low and moderate income households, unless the Township enters into an agreement with a nonprofit agency or other governmental unit to take this responsibility.

To the greatest extent practicable, the average price of low and moderate income units shall be affordable to households with an annual income equal to 57.5% of the regional median income. Allowable housing expenses shall be equal to no more than 28% of qualified income for purchased housing, after a 10% down payment, and 30% of qualified income for rental housing.

50% of the affordable units shall be priced for low income households and 50% for moderate income households. The schedule below specifies the breakdown of income groups within the low income group and moderate income group. Households eligible for low income units shall have incomes below 50% of the regional median income. Households eligible for moderate income units shall have incomes between 50% and 80% of the regional median income.

To the greatest extent possible, the range of affordability shall conform to the following schedule for every 20 low and moderate income units. Regional median income shall be based on the current income levels established for Hunterdon County by the Council on Affordable Housing.

(a)

One unit for households whose incomes are between 40% and 42.5% of the regional median income (low income).

(b)

Two units for households whose incomes are between 42.6% and 47.5% of the regional median income (low income).

(c)

Three units for households whose incomes are between 47.6% and 50% of the regional median income (low income).

(d)

Four units for households whose incomes are between 57.6% and 64.5% of the regional median income (moderate income).

(e)

Five units for households whose incomes are between 64.6% and 68.5% of the regional median income (moderate income).

(f)

Six units for households whose incomes are between 68.6% and 72.5% of the regional median income (moderate income).

(g)

Seven units for households whose incomes are between 72.6% and 77.5% of the regional median income (moderate income).

(h)

Eight units for households whose incomes are between 77.6% and 80% of the regional median income (moderate income).

At least 35% of all low and moderate income units shall be two bedroom units. At least 15% of the low and moderate income housing units shall be three bedroom units. No more than 20% may be efficiencies. For the purpose of assuring affordability of housing units to low and moderate income households of varying sizes, it shall be assumed that housing units of different sizes will be occupied by households of the sizes listed below:

(a)	Efficiency	one person.
(b)	One bedroom	two persons.
(c)	Two bedrooms	three persons.
(d)	Three bedrooms	five persons.

Resale controls shall be embodied in a deed restriction on the property that shall be submitted by the applicant at the time of preliminary plan approval and shall be subject to the approval by the Township.

The Planning Board or its designated agency annually may allow for increases in the price of owner occupied units and in the rents of affordable rental units based on the percentage increase in median income for the housing region in which Union Township is located, as set or approved by the Council on Affordable Housing.

When establishing rent levels for re-rentals, the Planning Board or other designated agency shall take into account whether a rent increase would raise the rent beyond an affordable level. If the use of the median income figures to raise allowable rent levels renders the unit unaffordable to low or moderate income households, the Township shall not lose credit for this unit with the Council on Affordable Housing so long as the affordability controls remain in place.

When establishing sales price for resale of the low income units, the Planning Board or other designated agency shall assure that the units remain affordable to low income households, if they were initially low income units, and for moderate income households, if they were initially moderate income units, and shall limit price increases to the percentage increase in the median household income in the region in which Union Township is located or in such manner as will assure continued availability of the units to low or moderate income households and a fair return to the homeowner. If use of the median income figures to raise allowable resale levels renders the unit unaffordable to low or moderate income households, the Township shall not lose credit for this unit with the Council on Affordable Housing so long as the affordability controls remain in place.

10.

The Planning Board or its designated agency may grant exceptions to the sales and rent ceilings established when extraordinary circumstances make such a ceiling impractical or otherwise inappropriate.

11.

Procedure for Resale. Persons wishing to sell affordable units shall notify the Planning Board or its designated agency of the intent to sell. If no eligible buyer enters a contract of sale for the unit within 90 days of notification, the Planning Board or its designated agency shall have the option to purchase the unit for the maximum price permitted based on the regional increase in median income as defined by the Council on Affordable Housing. If the Township does not purchase the unit, the seller may apply for permission to offer the unit to a noneligible household at the maximum price permitted.

The seller shall document efforts to sell the unit to an income eligible household as part of this application. If the request is granted, the seller may offer low income housing units to moderate income households and moderate income housing units to households earning in excess of 80% of regional median income. In no case shall the seller be permitted to receive more than the maximum permitted price and such a sale shall not eliminate the resale controls on the unit or permit subsequent sellers to convey the unit except in full compliance with this section.

12.

Owners of single-family owner occupied housing may be able to apply to the Planning Board or its designated agency for permission to increase the maximum price for eligible capital improvements, which are those that render the unit suitable for a larger household. However, the maximum price shall not exceed the limits of affordability for the larger household size, based upon income limits by household size established by the Council on Affordable Housing for the region in which Union Township is located.

13.

Foreclosure Regulations. A judgment of foreclosure or a deed in lieu of foreclosure on a low or moderate income unit by a financial institution regulated by State and/or Federal law shall extinguish controls on affordable housing units provided that the owner of the affordable housing unit shall be personally obligated to pay the Township Planning Board or its designated agency, any surplus funds, but only to the extent that such surplus funds exceed the difference between the maximum price permitted at the time of foreclosure and the amount necessary to redeem the debt to the financial institution including costs of foreclosure.

Notice of foreclosure shall allow the Planning Board or its designated agency to purchase the affordable housing unit at the maximum permitted sale price. Failure of the Board or its designee to purchase the affordable housing unit shall result in the Council on Affordable Housing adding the unit to the municipal fair share obligation.

[Ord. No. 2006-4, § 1; Ord. No. 2011-10, § 8; Ord. No. 2015-6 § 2]

§ 30-4.7 Institutional District.

[Ord. No. 2006-4, § 1; Ord. No. 2011-10, § 9; Ord. No. 2015-6 § 2]

In the IN Institutional District, the following regulations shall apply:

Use Regulations. A building may be erected or altered to be used either in whole or in part, and a lot may be used or occupied for any of the following uses, and no other, provided that such uses shall comply with such regulations as yard, lot size, lot width, building area and height, impervious surfaces, easements, buffer yards, off-street parking, and other provisions as are specified in other sections herein.

Uses by Right. Any of the following uses shall be permitted provided the use regulations, § 30-5 of this chapter, have also been met:

(a)

A-3 Forestry.

(b)

B-11 Community residence.

(c)

B-12 Continuing care facility.

(d)

C-2 School.

(e)

C-4 Library or museum.

(f)

C-5 Recreational facility.

(g)

C-6 Athletic facility.

(h)

C-14 Correctional institution.

(i)

C-15 State police barracks.

(j)

D-2 Medical clinic.

(k)

F-1 Utility operating facility.

(l)

F-2 Emergency services.

(m)

F-4 Essential services.

(n)

H-4 Accessory building.

(o)

H-5 Temporary structure.

(p)

H-6 Swimming pool.

(q)

H-9 Recreational vehicles.

(r)

F-6 Renewable energy facility, accessory use.

Uses by Conditional Approval. Any of the following uses shall be considered permitted, provided the conditions for conditional use approval have been met in accordance with § 30-10 in addition to § 30-5, Use Regulations, of this chapter:

(a)

H-11 Accessory apartments.

(1)

Accessory apartments shall be allowed where such a unit will meet the existing requirements of COAH and, if it is not a qualified COAH unit, it shall not be permitted.

(b)

F-6 Renewable energy facility, conditional use.

Signs, in accordance with § 30-8, shall be permitted.

Table of Area and Dimensional Regulations. The following area and dimensional regulations shall apply:

All Residential Uses: All residential uses shall comply with the performance and dimensional regulations in the CM Conservation Management District, subsections 30-4.2b and c.

All Nonresidential Uses:

Dwelling Type	Minimum Lot Size ⁽¹⁾	Minimum Lot Width	Maximum Impervious Surface Ratio	Floor Area Ratio ⁽²⁾	Minimum Yards (feet)
Dwelling Type	Minimum Lot Size ⁽¹⁾	Minimum Lot Width	Maximum Impervious Surface Ratio	Floor Area Ratio ⁽²⁾	Front	Side (each)	Rear
IN District
All Permitted Uses	25 ac.	300 feet	0.25	0.10	100	100	100

Footnotes:
(1)	Or otherwise as required for each specific use in § 30-5 herein.
(2)	In order to determine the FAR or density for a given site, multiply acreage by the ratio (density or FAR) to determine site's potential yield. The FAR or density yield also may be affected by other bulk requirements, such as impervious coverage, parking, etc.

§ 30-4.8 Village Commercial District.

[Ord. No. 2006-4, § 1; Ord. No. 2011-10, § 10; Ord. No. 2015-6 § 2]

In the VC Village Commercial District, the following regulations shall apply:

Uses by Right. Any of the following uses shall be permitted provided the use regulations, § 30-5 of this chapter, have also been met:

(a)

B-11 Community residence.

(b)

B-12 Continuing care facility.

(c)

C-1 Place of worship.

(d)

C-6 Athletic facility.

(e)

C-10 Child care center.

(f)

C-11 Nursing home.

(g)

D-1 Professional services.

D-2 Medical clinic.

D-3 Office.

E-1 Retail shop.

E-2 Service business.

(l)

E-3 Financial establishment.

E-4 Eating place.

E-5 Repair shop.

E-9 Entertainment.

E-11 Convenience shopping.

(q)

E-15 Electronic publishing.

(r)

F-2 Emergency services.

(s)

G-1 Trades.

(t)

H-1 Home occupation.

(u)

H-4 Accessory building.

(v)

H-5 Temporary structures.

(w)

H-8 Dwelling in combination with a business.

(x)

F-6 Renewable energy facility, accessory use.

(a)

A-4 Riding academy.

(b)

A-5 Kennel.

(c)

A-6 Agricultural sales/farm stand.

(d)

C-3 Commercial school.

(e)

E-6 Hotel.

(f)

E-7 Inn.

(g)

E-8 Bed and Breakfast.

(1)

Bed and breakfast uses will be permitted in existing historic houses.

(h)

E-10 Tavern.

(i)

E-12 Veterinary office or clinic.

(j)

E-13 Farmer's market.

(k)

F-1 Utility operating facility.

(l)

F-5 Wireless telecommunication antennas, equipment and/or towers.

(m)

F-6 Renewable energy facility, conditional use.

Signs, in accordance with § 30-8, shall be permitted.

Table of Area and Dimensional Regulations. The following area and dimensional regulations shall apply:

Dwelling Type	Minimum Lot Area	Maximum Gross Density (DU/AC) ⁽¹⁾	Minimum Lot Width	Maximum Building Coverage	Maximum Impervious Surface Ratio	Maximum Building Height⁽²⁾	Floor Area Ratio ⁽¹⁾	Minimum Yards (feet)
								Front	Side (each)	Rear
VC District
All Uses	2 ac.	0.5	150	0.06	0.20	35 feet or 2 1/2 stories	0.125	50	25	50

Footnotes:
(1)	In order to determine the FAR or density for a given site, multiply acreage by the ratio (density or FAR) to determine site's potential yield. The FAR or density yield also may be affected by other bulk requirements, such as impervious coverage, parking, etc.
(2)	Whichever is less.

§ 30-4.9 Planned Commercial District.

[Ord. No. 2006-4, § 1; Ord. No. 2011-10, § 11; Ord. No. 2015-6 § 2]

In the PC Planned Commercial District, the following regulations shall apply:

Uses by Right. Any of the following uses shall be permitted provided the Use Regulations, § 30-5 of this chapter, have also been met:

(a)

A-5 Kennel.

(b)

A-6 Agricultural sales/farm stands.

(c)

B-11 Community residence.

(d)

C-1 Place of worship.

(e)

C-3 Commercial school.

(f)

C-5 Recreational facility.

(g)

C-6 Athletic facility.

(h)

C-8 Private club.

(i)

C-9 Community center.

(j)

C-10 Child care center.

(k)

C-11 Nursing home.

(l)

D-1 Professional services.

D-2 Medical clinic.

D-3 Office.

D-4 Research.

E-1 Retail shop.

E-2 Service business.

(r)

E-3 Financial establishment.

E-4 Eating place.

E-5 Repair shop.

E-6 Hotel.

E-7 Inn.

E-9 Entertainment.

E-10 Tavern.

E-11 Convenience shopping.

(z)

E-12 Veterinary office or clinic.

(aa)

E-13 Farmer's market.

(bb)

E-14 Fabrication and light assembly.

(cc)

E-15 Electronic publishing.

(dd)

F-2 Emergency services.

(ee)

G-1 Contracting/trades.

(ff)

H-4 Accessory building.

(gg)

H-5 Temporary structures.

(hh)

H-8 Dwelling in combination with a business.

(ii)

H-11 Accessory apartments.

(jj)

F-6 Renewable energy facility, accessory use.

[Ord. No. 2015-6 § 2]

(a)

A-4 Riding academy.

(b)

E-8 Bed and Breakfast.

(1)

Bed and breakfast uses will be permitted in existing historic houses.

(c)

F-5 Wireless telecommunication antennas and towers.

Signs, in accordance with § 30-8, shall be permitted.

Table of Area and Dimensional Regulations. The following area and dimensional regulations shall apply:

All Residential Uses. All residential uses shall comply with the performance and dimensional regulations in the CM Conservation Management District, subsections 30-4.2b and c.

All Nonresidential Uses:

Accessory Uses. All accessory buildings shall be located in conformance with setback, side yard, and rear yard requirements.

Dwelling Type	Minimum Lot Area	Minimum Lot Width	Maximum Building Coverage	Maximum Impervious Surface Ratio	Maximum Building Height ⁽¹⁾	Floor Area Ratio ⁽²⁾	Minimum Yards (feet)
Dwelling Type	Minimum Lot Area	Minimum Lot Width	Maximum Building Coverage	Maximum Impervious Surface Ratio	Maximum Building Height ⁽¹⁾	Floor Area Ratio ⁽²⁾	Front	Side (each)	Rear
PC District
Hotel	10 ac.	400	0.15	0.25	35 feet or 2 stories	0.30	100	75	100
Other Commercial uses	2 ac.	150	0.06	0.20	35 feet or 2 stories	0.125	50	25	75

Footnotes:
(1)	Whichever is less.
(2)	In order to determine the FAR or density for a given site, multiply acreage by the ratio (density or FAR) to determine site's potential yield. The FAR or density yield also may be affected by other bulk requirements, such as impervious coverage, parking, etc.

Special Regulations.

No permanent storage of merchandise, articles, vending machines, equipment, etc., shall be permitted outside the building.

Temporary sale of merchandise in front of the premises may be permitted only as a seasonal sale or seasonal sidewalk sale.

§ 30-4.10 Office Research District.

[Ord. No. 2006-4, § 1; Ord. No. 2011-10, § 12; Ord. No. 2015-6 § 2]

In the OR Office Research District, the following regulations shall apply:

Uses by Right. Any of the following uses shall be permitted provided the Use Regulations, § 30-5 of this chapter, have also been met:

(a)

B-11 Community residences.

(b)

D-1 Professional services.

D-2 Medical clinic.

D-3 Office.

D-4 Research.

H-4 Accessory building.

(g)

H-5 Temporary structure.

(h)

F-6 Renewable energy facility, accessory use.

(a)

E-2 Service business.

(b)

F-5 Wireless telecommunications antennas and towers.

(c)

F-6 Renewable energy facility, conditional use.

Signs, in accordance with § 30-8, shall be permitted.

Table of Area and Dimensional Regulations. The following area and dimensional regulations shall apply:

All Residential Uses: All residential uses shall comply with the performance and dimensional regulations in the CM Conservation Management District, subsections 30-4.2b and c.

All Nonresidential Uses:

Dwelling Type	Minimum Lot Size	Minimum Lot Width	Maximum Building Coverage	Maximum Impervious Surface Ratio	Maximum Building Height	Minimum Yards (feet)			Floor Area Ratio ⁽¹⁾	Minimum Distance Between Buildings
Dwelling Type	Minimum Lot Size	Minimum Lot Width	Maximum Building Coverage	Maximum Impervious Surface Ratio	Maximum Building Height	Front	Side	Rear	Floor Area Ratio ⁽¹⁾	Minimum Distance Between Buildings
OR District
All Nonresidential uses	100 ac.	1,000 feet	0.25	0.50	45 feet	200	200	200	0.25	100 feet

Footnotes:
(1)	In order to determine the FAR or density for a given site, multiply acreage by the ratio (density or FAR) to determine site's potential yield. The FAR or density yield also may be affected by other bulk requirements, such as impervious coverage, parking, etc.

§ 30-4.11 Professional Office District.

[Ord. No. 2006-4, § 1; Ord. No. 2011-10, § 13; Ord. No. 2015-6 § 2]

In the PO Professional Office District, the following regulations shall apply:

Uses by Right. Any of the following uses shall be permitted provided the Use Regulations, § 30-5 of this chapter, have also been met:

(a)

B-11 Community residences.

(b)

D-1 Professional services.

D-2 Medical clinic.

D-3 Office.

D-4 Research.

E-2 Service business.

(g)

E-3 Financial establishment.

(h)

E-12 Veterinary office or clinic.

(i)

E-15 Electronic publishing.

(j)

H-4 Accessory building.

(k)

H-5 Temporary structures.

(l)

F-6 Renewable energy facility, accessory use.

(a)

E-4 Eating places will be allowed within a Professional Office District building which provides for the sale of food to occupants and patrons of the building and the hours of operation shall be consistent with the principal use.

(b)

E-11 Convenience shopping will only be allowed within a Professional Office District building to occupants and patrons of the building and the hours of operation shall be consistent with the principal use.

Signs, in accordance with § 30-8, shall be permitted.

Table of Area and Dimensional Regulations. The following area and dimensional regulations shall apply.

All Residential Uses: All residential uses shall comply with the performance and dimensional regulations in the CM Conservation Management District, subsections 30-4.2b and c.

All Nonresidential Uses:

Dwelling Type	Minimum Lot Area	Minimum Lot Width	Maximum Impervious Surface Ratio	Maximum Building Height ⁽²⁾	Floor Area Ratio ⁽¹⁾	Minimum Yards (feet)
Dwelling Type	Minimum Lot Area	Minimum Lot Width	Maximum Impervious Surface Ratio	Maximum Building Height ⁽²⁾	Floor Area Ratio ⁽¹⁾	Front	Side	Rear
PO District
All Nonresidential Uses	2 ac.	150	0.25	35 feet or 2 stories	0.125	50	25	75

Footnotes:
(1)	In order to determine the FAR or density for a given site, multiply acreage by the ratio (density or FAR) to determine site's potential yield. The FAR or density yield also may be affected by other bulk requirements, such as impervious coverage, parking, etc.
(2)	Whichever is less.

§ 30-4.12 (Reserved)

§ 30-4.13 Quarry District.

[Ord. No. 2006-4, § I; Ord. No. 2011-10, § 14; Ord. No. 2015-6 § 2]

In the Q Quarry District, the following regulations shall apply:

Uses by Right. Any of the following uses shall be permitted provided the Use Regulations, § 30-5 of this chapter, have also been met:

(a)

B-11 Community residences.

(b)

G-2 Quarry.

(c)

F-6 Renewable energy facility, accessory use.

[Ord. No. 2015-6 § 2]

Uses by Conditional Approval.

(a)

F-6 Renewable energy facility, conditional use.

Signs, in accordance with § 3-8, shall be permitted.

Area and Dimensional Regulations. The following area and dimensional regulations shall apply:

Residential Uses: All Community Residential uses shall comply with the performance and dimensional regulations in the CM Conservation Management District, subsections 30-4.2b and c.

All Nonresidential Uses:

	Minimum Lot Area	Minimum Lot Width	Maximum Building Coverage	Maximum Impervious Surface Ratio	Maximum Building Height	Floor Area Ratio ⁽³⁾	Minimum Yards (feet)
	Minimum Lot Area	Minimum Lot Width	Maximum Building Coverage	Maximum Impervious Surface Ratio	Maximum Building Height	Floor Area Ratio ⁽³⁾	Front	Side	Rear
Quarry Uses	25 ac.	300 feet	0.005	0.006	35 feet	0.005	300	200	200

Footnotes:
(1)	In order to determine the FAR or density for a given site, multiply acreage by the ratio (density or FAR) to determine site's potential yield. The FAR or density yield also may be affected by other bulk requirements, such as impervious coverage, parking, etc.

Natural Resource Exemptions. The following exemptions may apply to the development/redevelopment of an abandoned quarry site when determined appropriate by the Planning Board. Exemptions: The steep slopes and woodland protection standards of this chapter may be waived, either in part or in whole, by the Planning Board provided that a proposed development plan is coordinated with an approved quarry reclamation/restoration plan and/or provided that a purpose of the Union Township Master Plan would be advanced as a result of the development as proposed, and that the benefits from such waivers would substantially outweigh any detriment in granting same. In addition, the Planning Board may consider the inclusion of additional land area adjacent, and directly related to, the quarry land, if in their judgment, said inclusion would further the purpose of the Master Plan.

§ 30-4.14 (Reserved)

§ 30-4.15 Utility District.

[Ord. No. 2006-4, § I; Ord. No. 2011-10, § 15; Ord. No. 2015-6 § 2]

In the U Utility District, the following regulations shall apply:

Uses by Right. Any of the following uses shall be permitted provided the Use Regulations, § 30-5 of this chapter, have also been met:

(a)

B-11 Community residences.

(b)

F-1 Utility operating facility.

(c)

F-2 Emergency services.

(d)

F-3 Railroad.

(e)

F-4 Essential services.

(f)

H-4 Accessory building.

(g)

H-5 Temporary structure.

(h)

F-6 Renewable energy facility, accessory use.

[Ord. No. 2015-6 § 2]

Uses by Conditional Approval. Any of the following uses shall be considered permitted, provided the conditions for conditional use approval have been met in accordance with § 30-10 in addition to § 30-5, Use Regulations, of this chapter:

(a)

F-5 Wireless Telecommunication Antennas and Towers.

(b)

F-6 Renewable energy facility, conditional use.

Area and Dimensional Regulations. Because of the differing area and bulk requirements of various utilities, no specific area and dimensional requirements are specified. However, each facility will be subject to Planning Board review which will take into consideration the relationship to surrounding land uses, environmental effects, appearance, and other considerations based upon the objectives of the Master Plan and the Land Use Code. In addition, all State and Federal regulations of utilities must be met.

Electric Transmission Lines. The following additional regulations shall apply to electric transmission:

Whenever an electric company constructs an overhead transmission line, it shall:

(a)

Make use of available railroad or other rights-of-way whenever practicable, feasible and with safety, subject to agreement with the owners;

(b)

Locate facilities whenever practicable and feasible in accordance with the topography so as to minimize their appearance;

(c)

Establish a program of painting towers initially and periodically in order to camouflage their appearance as much as possible;

(d)

Employ nonuniform clearing of the right-of-way and, wherever possible, in accordance with sound construction and maintenance practice as well as clearance requirements, allow a maximum number of mature trees to remain;

(e)

Landscape the right-of-way by planting low growing shrubs where the right-of-way is visible from heavily traveled roads;

(f)

Wherever practical and feasible, consistent with municipal zoning laws, permit use of the right-of-way for farming, recreational and other appropriate uses. If it is proposed by the electric company that such use is not practical and feasible, the electric company shall send written notice including its reasons, to the Planning Board for final determination;

(g)

When the application of the foregoing provisions shall be unreasonable in a specific instance, petition for relief from the specific provisions may be filed by any aggrieved person.

All Community Residential Uses: All residential uses shall comply with the performance and dimensional regulations in the CM Conservation Management District, subsections 30-4.2b and c.

§ 30-4.16 (Reserved)

§ 30-4.17 Parkland District.

[Ord. No. 2006-4, § I; Ord. No. 2011-10, § 16; Ord. No. 2015-6 § 2]

In the P Parkland District the following regulations shall apply:

Uses by Right. Any of the following uses shall be permitted provided the Use Regulations, § 30-5 of this chapter, have also been met:

(a)

A-I Agriculture and horticulture.

(b)

B-11 Community residence.

(c)

C-5 Recreational facility.

(d)

C-7 Golf course.

(e)

C-9 Community center.

(f)

H-4 Accessory building.

(g)

H-5 Temporary structure.

(h)

F-6 Renewable energy facility, accessory use.

(a)

F-5 Wireless telecommunication antennas and towers.

(b)

B-1 Single-family detached residences are permitted as a conditional use if they are for low or moderate housing that meets the Council on Affordable Housing regulations as per N.J.A.C. 5:94.

(c)

H-11 Accessory apartments are permitted as a conditional use if they are for low or moderate housing that meets the Council on Affordable Housing regulations as per N.J.A.C. 5:94.

Signs, in accordance with § 30-8, shall be permitted.

	Maximum Gross Density (DU/AC)	Minimum Open Space Ratio	Maximum Impervious Surface Ratio	Minimum Gross Site Area	Minimum Lot Area
P Parkland
Agriculture	—	—	0.05	5 acres	5 acres
Other Uses	—	—	0.03	10 acres	10 acres ⁽¹⁾

Footnotes:
(1)	Or otherwise as required for each specific use in § 30-5 herein.

Table of Area and Dimensional Regulations. The following area and dimensional regulations shall apply:

	Minimum Lot Area	Minimum Lot Width	Maximum Building Height ⁽¹⁾	Minimum Yards (feet)
	Minimum Lot Area	Minimum Lot Width	Maximum Building Height ⁽¹⁾	Front	Side	Rear
P Parkland
Agricultural Uses	5 acres	300 feet	35 feet or 2 stories	75	50	100
Other Uses	10 acres ⁽²⁾	300 feet	35 feet or 2 stories	75	50	100

Footnotes:
(1)	A maximum of 2 1/2 stories is permitted.
(2)	Or otherwise as required for each specific use in § 30-5 herein.

§ 30-4.18 MFO Multifamily Inclusionary Overlay Zone.

[Added 12-19-2018 by Ord. No. 2018-14]

Purpose and area of application. To address its affordable housing durational adjustment in accordance with the requirements of the Settlement Agreement entered on May 2, 2018, between Union Township and Fair Share Housing Center, the Township shall implement an Inclusionary Overlay Zone Ordinance that creates a realistic opportunity for housing that is affordable to low- and moderate-income households on the properties in the Township of Union known as the Foster Wheeler site (Block 13, Lot 7) and the Red Hills Quarry site (Block 22, Lots 28 and 30). This section establishes the Multifamily Inclusionary Overlay Zone - the MFO District - and permits multifamily and townhouse development on the properties identified above provided that such housing complies with a required 20% inclusionary set-aside requirement in for-sale development and 15% inclusionary set-aside requirement for rental development and with the requirements of this section. This section shall not take effect unless developers with interest in these sites obtain approval for sewer-service allocation to be used for residential purposes.

Permitted uses. The following housing types are permitted in the MFO District, provided that 20% of all units created in the zone must be affordable to low- and moderate-income households in accordance with all applicable regulations of the Council on Affordable Housing ("COAH"), as well as the Fair Housing Act (N.J.S.A. 52-27D-301 et seq.), and the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.).

Townhome dwellings.

Multifamily dwellings.

Municipal buildings and uses.

Accessory uses.

Accessory uses and structures customarily incidental to permitted uses.

A property manager's unit, provided the housing type is a permitted use.

Sewerage and sewage treatment, water, fire protection, stormwater management and other utility facilities.

Parking and loading in accordance with the requirements of § 30-7.

Signs in accordance with the requirements of § 30-8.

Community facilities and recreational open space areas such as a clubhouse, parks, recreation areas or facilities, tennis courts, bikeways, playgrounds and swimming facilities, along with structures and necessary features appurtenant thereto.

Conditional uses.

None.

Prohibited uses.

Any use other than those uses listed above are prohibited.

Requirements.

Minimum tract area: 50 acres.

Minimum lot width: 500 feet.

Minimum lot depth: 500 feet.

Minimum front yard setback: 100 feet.

Minimum side or rear yard setback.

(a)

Adjacent to a nonresidential zone district: 100 feet.

(b)

Adjacent to a residential zone district: 50 feet.

Density: eight dwelling units per acre shall be permitted in this zone, except that it shall be increased to 10 dwelling units per acre if the site is developed as rental housing.

Minimum distance between multifamily or townhome buildings:

(a)

Front to any building: 60 feet.

(b)

Rear to any building: 60 feet.

(c)

Side to any building: 20 feet.

Maximum building coverage: 30%.

Maximum impervious coverage: 50%.

10.

Building design.

(a)

Maximum building height: 2.5 stories/35 feet.

(b)

Maximum units per building.

(1)

Townhouses: eight.

(2)

Multifamily: 20.

(c)

Maximum building length: 300 feet.

11.

An overall theme of design and architectural mode shall be utilized within the development for the purpose of presenting an aesthetically desirable effect, and shall be such that they provide varied building elevations, design and structural appearance within the context of the overall theme.

12.

Buildings with flat roofs shall be prohibited. Buildings roofs shall be pitched and may include hipped roofs and gable roofs.

13.

The front facade of a building shall not continue on the same plane for a linear distance of more than 75 feet. Minimum two-foot offsets shall be required at breaks in the facade planes.

14.

Driveway and garage parking for individual units or buildings shall not face public or private streets. Rear vehicle access, including alley, garage and parking lot access, is required for townhome units.

15.

Parking setback from property line: 100 feet.

16.

Mechanical equipment shall be screened from view of public streets and residentially zoned lots. Screening shall consist of plantings, fencing or other material found acceptable by the approving authority.

17.

All multifamily and townhome buildings shall be provided with an aesthetically pleasing and functional landscape component. Building foundation plantings, planting clusters located in strategic areas, shade trees along roadways and sidewalks shall be incorporated into an overall landscape plan.

18.

Street trees shall be provided along all public and private roads.

19.

Circulation and parking.

(a)

Parking standards: The required number of parking spaces shall be determined according to the Residential Site Improvement Standards at N.J.A.C. 5:21-4.14.

(b)

Minimum distance to off-street parking space: 10 feet.

(c)

Maximum distance between off-street parking space and the unit served: 200 feet.

(d)

Sidewalks shall be provided along all both sides of public and private streets and interior drives.

§ 30-5 USE REGULATIONS.

§ 30-5.1 Applicability of Regulations.

[Ord. No. 85-9, § 500]

Except as provided by law or this chapter, in each district no building, structure or land shall be used or occupied except for the purposes permitted in the zoning districts as indicated in Sections 30-3 and 30-4.

In addition, the following uses are expressly prohibited in all districts:

[Added 6-16-2021 by Ord. No. 2021-5]

The operation of any and all classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in this chapter and in Section 3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies within the Township by a cannabis delivery service located outside the Township.

§ 30-5.2 Uses Subject to Other Regulations.

[Ord. No. 85-9, § 501; Ord. No. 94-8, § 2]

All uses permitted by right or conditional approval shall be subject, in addition to use regulations, to such regulations of yard, lot size, lot width, building area and height, impervious surfaces, easements, buffer yards, off-street parking, and such other provisions as are specified in other sections herein.

In particular, the laws of the State and the local regulations regarding waste disposal shall be adhered to. Further, no zoning permit shall be issued until approval is obtained from the necessary regulatory bodies for sewage disposal, unless the premises are served by public water and/or sewer facilities.

All uses within all districts as specified in § 30-27 shall be subject to the imposition of development fees to provide for affordable housing within Union Township as specified therein.

§ 30-5.3 Temporary Accessory Uses.

[Ord. No. 85-9, § 502; Ord. No. 2001-8, § 10]

Temporary Residential Use. No garage or other accessory building, partial structure, or temporary structure shall be erected or moved onto a lot and used for any dwelling purposes unless authorized by the issuance of a temporary zoning permit. Such permit shall clearly set forth that the structure proposed is intended for temporary dwelling purposes and that the authorized structure is to be vacated upon the expiration of a specified time limit, not to exceed one year. On receipt of the zoning permit, the applicant shall certify that he has knowledge of the terms of the permit and the penalty that can be invoked for violation.

Nonconforming Temporary Use. Nonconforming temporary buildings or uses incidental to a building development and reasonably required for such development may be granted temporary zoning permits, according to the provisions of § 30-5.5h6, Temporary Structure.

Open Air Auction. An open air auction shall be permitted as a temporary accessory use provided that it is conducted in such a manner and is so located that at the time of the auction it shall have no detrimental effect upon the activities normally permitted in the zone in question. A temporary use permit shall be issued by the Code Enforcement Officer to applicants after favorable review by the Planning Board in accordance with the following:

The applicant for an open air auction permit shall submit a sketch, which shall be reviewed by the Planning Board, indicating the provisions for adequate and safe off-street parking as well as ingress and egress to the auction site.

The applicant for an open air auction permit shall submit a traffic control plan, indicating the means by which traffic flows will be maintained around the site, which shall be reviewed by the Planning Board.

The applicant shall post a bond to cover anticipated impacts of the proposed use in terms of need for additional traffic control around the site as well as other potential impacts.

The permit shall be issued on a temporary basis only, with annual renewal for a fee as determined by the Township's fee schedule.

§ 30-5.4 Number of Principal Buildings or Uses Permitted.

[Ord. No. 98-7, § III]

Unless otherwise specified in this section, no more than one principal dwelling, building, or use shall be permitted on a lot, except that Use F-6 wireless telecommunications antennas, towers and equipment buildings, where permitted by law, may be located on lots containing other principal uses.

§ 30-5.5 Use Regulations.

[Ord. No. 85-9, § 503; Ord. No. 86-4, § 4; Ord. No. 86-8, § 3; Ord. No. 88-5, § 4; Ord. No. 88-11, § 3; Ord. No. 91-2, § 1; Ord. No. 91-7, § 1; Ord. No. 93-4, § 2; Ord. No. 93-11, §§ 2, 3; Ord. No. 96-9, § 1; Ord. No. 96-16, § 2; Ord. No. 96-17, § 2; Ord. No. 96-22, §§ 1, 3; Ord. No. 98-7, § III; Ord. No. 99-14, § 9; Ord. No. 2000-11, §§ 9, 10; Ord. No. 2001-7, § 1; Ord. No. 2001-8, §§ 4, 6, 9, 13, 15, 16; Ord. No. 2006-4, § II; Ord. No. 2013-5; Ord. No. 2015-06 § 5; Ord. No. 2017-1]

Agricultural Uses.

A-1 Agriculture and Horticulture. Agriculture and horticulture shall include uses such as tilling of soil, raising of livestock, horses, or poultry; growing trees, shrubs, flowers, or vegetables; and related farmhouses and usual farm buildings, provided:

(a)

Farm Unit. Single-family detached dwelling for the sole use of individuals, and their immediate families, engaged in agricultural employment on the same site, or for the immediate family of the landowner, or for persons engaged in agricultural employment on the property. This use is subject to the following provision:

(1)

Land Without Conservation Easement. One dwelling unit per farm will be permitted, provided the site is equal to five acres plus the minimum lot size required for a dwelling unit in the zoning district in which the farm unit is located.

(b)

Accessory Farm Buildings and Structures. All buildings and structures associated with agricultural and horticultural use as defined by this chapter shall be permitted provided:

(1)

Buildings and structures associated with farm crop agriculture including barns, sheds, silos, and the like including animal sheds, manure storage, or like uses shall not be located any closer than 100 feet to any property line nor closer than 200 feet to any street line or dwelling other than a farm unit on the same parcel.

(2)

Buildings and structures associated with horticultural/nursery uses including greenhouses either permanent, temporary or portable, cold frames, sheds, and the like shall not be located any closer than 100 feet to any property line, nor closer than 150 feet to any delineated 100-year flood plain or wetland, nor closer than 200 feet to any street line or dwelling other than a farm unit on the same parcel. All such buildings and structures shall require an approved stormwater management plan in accordance with § 30-24 of this chapter, and a plan for the recycling of all fertilizers, pesticides and other organic or inorganic chemicals used in, or associated with the building, structure and/or permitted use therein. All buildings and structures shall be screened in accordance with the buffer requirements of § 30-7.4 of this chapter.

(c)

Livestock. The keeping of livestock and horses shall be limited to lots of at least three acres and shall be limited to one head of livestock or horse per acre. Riding academies, livery or boarding stables, commercial dog kennels, and the raising of fur bearing animals are not included in this provision and must meet the requirements of Subsection a4 or 5 herein.

(d)

Chickens. The keeping of chickens shall be limited to 50 chickens per acre on lots of five or more acres. Chickens may be kept and maintained on residential lots of less than five acres, provided a zoning permit is first obtained from the Zoning Officer, and subject to the requirements applicable to chicken coop structures set forth in § 30-5.5h2(g), and subject to the following additional conditions and requirements:

(1)

A maximum of six chickens may be kept on a residential lot of up to one acre.

(2)

A maximum of 10 chickens may be kept on a residential lot of one or more but less than three acres.

(3)

A maximum of 15 chickens may be kept on a residential lot of three or more but less than five acres.

(4)

No person shall keep a rooster on any residential lot of less than five acres in the Township of Union.

(5)

A copy of the property survey shall be submitted with the zoning application showing the dimensions and construction details of the proposed chicken coop structure and the location thereof on the subject property in conformance with § 30-5.5h2(g) of the Land Use Code.

(6)

The Zoning Officer shall have the right to periodically inspect the premises to ascertain compliance with the terms of this section and other applicable standards. Any violation of these and other applicable standards shall be grounds for the revocation of the Zoning Permit permitting the keeping and maintenance of chickens.

(7)

Chickens shall be kept and maintained at all times in a humane manner and in accordance with good agricultural practices.

(e)

Commercial Farms. None of the provisions of this chapter shall in any way prevent farmers from carrying on the normal operation of their commercial farms in accordance with the Right to Farm Act, N.J.S.A. 4:1C-1 et seq., as amended.

(f)

Such use does not include landscape contracting.

(g)

Parking. No less than two off-street parking spaces per dwelling unit and one space per two employees.

A-2 Intensive Agriculture. Intensive agriculture, including greenhouses, feedlots, confinement livestock, or poultry operations taking place in structures or closed pens, shall be permitted subject to the following:

(a)

The minimum site area for such use shall be 10 acres.

(b)

Dwellings and accessory farm building and structures shall be permitted in accordance with the regulations for agriculture and horticulture, use A-1.

(c)

The maximum permitted impervious surface ratio of the site shall be 9%.

(d)

If any stream or swale is present, it shall be protected by a 150-foot buffer established from the top of bank from each side of the channel. An engineering study shall be required insuring the stream is adequately protected from pollution.

(e)

Parking. No less than two off-street parking spaces per dwelling unit and one space per two employees.

A-3 Forestry. Forestry is the ongoing program of clearing or cutting timber resources within forested or wooded areas and coordinated with an approved Forest Management Plan. Forestry does not include authorized clearing in accordance with plans approved pursuant to Chapter 30, the issuance of a building permit, nor removal of sick or dead trees. Forestry is permitted, provided that the landowner obtains an annual permit subject to the following conditions:

(a)

The application for a permit shall include a written and graphic reforestation or forest maintenance program prepared by either a professional forester or arborist showing a program for the establishment of the forest or wooded area on a sustained yield basis.

(b)

If clear cutting of timber resources are programmed, such operations shall be limited to no greater than 20% of the forested wooded area within any twenty-year period, per year shall include a soil sedimentation and erosion control plan which is subject to the review and approval of the municipality. Furthermore, all clear cutting operations shall be coordinated with a reforestation program.

(c)

An agreement must be signed by the landowner and recorded with the municipality stating that no such forestry operation shall be considered to reduce the area of forest or woodland as defined within this chapter. The application for a permit must indicate the existing amount of forested or wooded land for the total site prior to the commencement of any forestry operation.

(d)

The landowner shall be responsible that all such forested or wooded areas are either reforested or maintained in a forested state. In addition, the landowner shall be responsible for the installation and maintenance of the soil sedimentation and erosion plan. The municipality may require a performance bond to insure that these standards are met.

(e)

Forestry shall not permit the construction of structures.

A-4 Riding Academy. Riding academy, livery, or boarding stable, subject to the following provisions:

(a)

A lot area of not less than 10 acres shall be required.

(b)

Dwellings and accessory farm buildings shall be permitted in accordance with the regulations for agriculture and horticulture use A-1.

(c)

No more than one horse per acre shall be permitted.

(d)

Horse shows shall be permitted only by approval of the township committee and be limited to a specified number each year for each riding academy.

(e)

Parking. No less than one off-street parking space shall be provided for every three persons present at such when they are used to capacity.

(f)

Sufficient parking for events shall be available on site. The parking area shall be temporary and pervious. No street parking shall be permitted.

A-5 Kennel. The keeping of more than six dogs that are more than six months old for breeding, training, selling, or boarding for a fee is permitted, provided the following conditions are met:

(a)

Minimum lot size shall be 10 acres.

(b)

No animal shelter or runway shall be located closer than 300 feet to any residential building other than the owner's.

(c)

The total number of dogs shall not exceed 25.

(d)

Parking. No less than one off-street parking space for each employee plus one space for each eight animals in capacity.

A-6 Agricultural Sales/Farm Stands. Sales of farm products shall be conducted from a portable or permanent structure not exceeding 400 square feet in area, under the following conditions:

(a)

Only farm produce may be sold.

(b)

Farm produce shall be limited to plant material and crops harvested from plants.

(c)

At least 50% of the produce must be grown or raised on the property or in the immediate region of the property in question.

(d)

Any processed (frozen, canned, etc.) food for sale must have been grown or raised on the property or in the immediate region of the property in question.

(e)

Access to the tract must be controlled by physical means to limit access to two points. The access point shall be no more than 24 feet wide.

(f)

Sales buildings or stands shall comply with the minimum setback requirements of district.

(g)

Parking. No less than one off-street parking space for each 200 square feet of building floor area or a minimum of four spaces, whichever is greater. All parking shall be provided behind the legal right-of-way.

Residential Uses.

B-1 Single-Family Detached.

(a)

A single-family detached dwelling shall include a single dwelling unit with a front, rear, and two side yards provided.

(b)

Parking. All parking shall comply with the Residential Site Improvement Standards (RSIS) as amended.

B-2 Twin House. A twin house is a single-family semi-detached dwelling within a two dwelling building, with only one wall in common with another dwelling, provided:

(a)

Parking. All parking shall comply with the Residential Site Improvement Standards (RSIS) as amended.

B-3 Duplex. A duplex house is a detached dwelling within a two dwelling unit building, with one dwelling above the other, provided:

(a)

Parking. All parking shall comply with the Residential Site Improvement Standards (RSIS) as amended.

B-4 Townhouse Duplex. A townhouse duplex is an attached or semi-detached dwelling within a multi-dwelling building, with one dwelling above the other. No more than two walls of each dwelling are in common with other such dwellings, provided:

(a)

Parking. All parking shall comply with the Residential Site Improvement Standards (RSIS) as amended.

B-5 Townhouse. A townhouse dwelling is a single-family attached or semi-detached dwelling within a multi-dwelling building, with only one dwelling from ground to roof. No more than two walls of each dwelling are in common with other such dwellings, provided:

(a)

A maximum of five dwelling units in a row shall be permitted.

(b)

The total length of the row shall not exceed 120 feet.

(c)

To create architectural interest in the layout and character of housing fronting streets, variations in setbacks, materials and design shall be encouraged. In any case, a minimum of two feet variation in setback shall occur at least every third dwelling.

(d)

Parking. All parking shall comply with the Residential Site Improvement Standards (RSIS) as amended.

B-6 Multiplex. A multiplex dwelling is an attached dwelling with a three to five dwelling building and with one dwelling above, side-by-side, or back-to-back, with another dwelling. The building has yards on all four sides.

(a)

Groups of multiplex units shall average no greater than four units per structure.

(b)

Parking. All parking shall comply with the Residential Site Improvement Standards (RSIS) as amended.

B-7 Single-Family Detached Cluster. A single-family detached cluster use shall include single-family detached dwellings as individual lots that are clustered to preserve open space, provided:

(a)

In the CM, AP-1, AP-2, CR, VR, and RM Districts, the provisions of B-1, Single-Family Detached Dwellings shall apply.

(b)

In the AP-1 and AP-2 Districts, cluster developments shall be located and designed to minimize intrusion upon the agricultural uses within the lot and the district. Specifically, the cluster shall be kept in tight configuration to minimize the edge of the development that abuts agricultural uses.

(c)

Parking. All parking shall comply with the Residential Site Improvement Standards (RSIS) as amended.

B-8 Performance Subdivisions. A performance subdivision shall include a subdivision in which a mixture of types of residential dwelling units is encouraged to promote sound land planning and to provide a variety of housing choices and in which clustered development is encouraged to preserve open space, provided that the following regulations are met:

(a)

General Regulations.

(1)

Performance subdivisions shall be of a scale that will maintain the character of the appropriate district.

(2)

The adjacent properties shall be safeguarded by a minimum buffer of 100 feet;

(3)

The development shall consist of a harmonious grouping of buildings, service and parking area circulation, and open spaces, planned as a single unit, in such manner as to constitute a safe, efficient, and convenient residential site.

(4)

There shall be adequate provision for safe and efficient pedestrian and vehicular traffic circulation within the boundaries of the site.

(5)

Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving the site without undue congestion to or interference with normal traffic flow within the region;

(6)

All parking shall comply with the Residential Site Improvement Standards (RSIS) as amended.

(7)

If the development is to be carried out in progressive stages, each stage shall be so planned that the foregoing requirements and intent of this chapter shall be fully complied with by the development at the completion of any stage; and

(8)

The provisions for the design and maintenance of open space shall conform with the open space performance regulations in § 30-7.6 herein.

(b)

Administration. The administration procedures for the application and approval of a performance subdivision shall be in accordance with the Municipal Land Use Law, Chapter 291, Laws of New Jersey as amended and the municipal subdivision and land development ordinance.

(c)

Required Dwelling Unit Mix. All performance subdivision shall conform to the standards for a mix of dwelling unit types minimum as set forth below. Dwelling unit types are specified for each district and are designated in Subsection (d) below.

Number of Dwelling in Development	Minimum Required Number of D.U. Types	Maximum Percent Any D.U. Type	Minimum Percent Any D.U. Type
1-40	1	100	10
41-85	2	70	10
85+	3	40	10

(d)

Dwelling Unit Types Per District. The following dwelling unit types shall be permitted in any mix in accordance with Subsection (c) herein, except that no more than 40% of the total number of dwellings in the performance subdivision may be garden apartments, and with the following table delineating the dwelling types permitted for each district. From time to time new dwelling units evolve which are appropriate to the area. These are intended to be incorporated with the listed types, subject to dimensional requirements developed by the Township Planning Board and adopted by the local governing body.

Dwelling Unit Type	Multi-Family Residential
Single family Detached, use B-1	Permitted
Twin House, use B-5	Permitted
Townhouse, use B-6	Permitted
Multiplex, use B-9	Permitted

(e)

Open space shall conform with the open space performance standards, § 30-7.6 herein.

B-9 Residential Conversion. Such use shall include the conversion of an existing dwelling into more than one dwelling or the conversion of an accessory building into no more than one dwelling, provided:

(a)

The yard requirements for the district in which the use is located shall be met.

(b)

There shall be a maximum of one residential conversion per residential building per residential lot.

(c)

The following minimum floor areas per unit shall be required;

	RM District	All Other Districts
Efficiency	300 square feet	600 square feet
1 Bedroom	400 square feet	700 square feet
2 Bedroom	600 square feet	950 square feet

(d)

All conversions must comply with all applicable regulations of the State of New Jersey in addition to all local building codes and permit requirement of Union Township and Hunterdon County, as applicable.

(e)

The appearance of the conversions shall be in conformance with the existing structure regarding size, bulk, etc.

(f)

Exterior fire escapes and outside stairways shall be located at the rear or side of the building.

(g)

Documentation that the existing well and septic system can accommodate additional unit demands.

(h)

Parking. All parking shall comply with the Residential Site Improvement Standards (RSIS) as amended. In addition, the following standards shall be met:

(1)

No off-street parking shall be permitted in the front yard. Parking in the side and rear yards shall be visibly buffered from the street and the adjacent yards.

(2)

The intensity of development may be contingent upon the amount of parking permitted for any given lot. No parking shall be so extensive in proportion to the total area of any lot so as to detract from the residential character of the community. The maximum impervious surface ratio for the district may not be exceeded.

(3)

All drainage on-site shall be handled in accordance with the recommendations of the Municipal Engineer.

10.

B-10 Age Restricted Housing. Age restricted housing shall include a form of residential use that is designed and operated for mature adults with or without certain support facilities, provided:

(a)

Each applicant for permission to build and/or operate such housing shall submit to the governing body for its approval a proposed set of regulations to control such operation, including definition of age and income limitations of residents, any other restrictions to be placed upon the residents or their activities, admissions procedures, and security provisions, and setting forth the policy to be used in determining the amount of rental and other charges to the residents. The applicant must show, in order to qualify, that single prospective residents have attained the age of at least 55 years or that families to occupy such units are families whose heads or their spouses are at least 55 years of age or are under a disability as defined in Section 223 of the Social Security Act. A statement shall also be included with each application setting forth what particular features and facilities are being provided to serve specifically the needs and interests of the residents.

(b)

The tract to be used for this purpose shall not exceed 10 acres unless all acreage above 10 is set aside as open space and is not included in the maximum permissible number of units and calculations of total lot impervious surfaces.

(c)

The area of the tract added to the areas of all other tracts which have been approved for the same use under this subsection of the chapter, or for which approval is pending, shall not exceed 50 acres.

(d)

The tract shall have ready access, by means of streets with sidewalks or alternate walkways, to existing commercial and professional areas.

(e)

All design and dimensional standards set forth in § 30-7.1 of this chapter shall apply for all housing types permitted in the RM Multi-family Residential Districts.

(f)

Parking. All parking shall comply with the Residential Site Improvement Standards (RSIS) as amended.

11.

B-11 Community Residence. Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, community residences for persons with head injuries, adult family care homes for elderly persons and physically disabled adults and all other entities which may, in the future, be set forth in N.J.S.A. 40:55D-66.1, N.J.S.A. 40:55D-66.2 and N.J.S.A. 26:2Y-7 are permitted uses in all residential districts of the Township. The requirements for said uses shall be the same as for single-family dwelling units located within such districts.

12.

B-12 Continuing Care Facilities. In all continuing care facilities, a minimum of 20% of total units shall be provided for low and moderate income households, in accordance with the following requirements:

(a)

All inclusionary developments shall restrict the low and moderate income units for a period of not less than 20 years.

(b)

(c)

To the greatest extent possible, the range of affordability shall conform to the following schedule for every 20 low and moderate income units, which will result in approximately 50% of units for low income households and 50% for moderate income households:

(1)

One unit for households whose incomes are between 40% and 42.5% of the regional median income (low income).

(2)

Three units for households whose incomes are between 42.6% and 47.5% of the regional median income (low income).

(3)

Six units for households whose incomes are between 47.6% and 50% of the regional median income (low income).

(4)

One unit for households whose incomes are between 57.6% and 64.5% of the regional median income (moderate income).

(5)

One unit for households whose incomes are between 64.6% and 68.5% of the regional median income (moderate income).

(6)

One unit for households whose incomes are between 68.6% and 72.5% of the regional median income (moderate income).

(7)

Two units for households whose incomes are between 72.6% and 77.5% of the regional median income (moderate income).

(8)

Four units for households whose incomes are between 77.6% and 80% of the regional median income (moderate income).

(d)

No individual use shall contain more than 250 dwelling units.

(e)

The maximum permitted density of development shall not exceed seven dwelling units per acre.

(f)

Not more than 10% of the dwelling units constructed shall contain more than one bedroom.

(g)

A minimum of 0.8 parking space shall be provided per dwelling unit. The provisions of § 30-7.2 of the Zoning Ordinance shall also be applicable.

(h)

Direct access to a higher order road such as a major or minor arterial and residential collector street shall be provided.

(i)

The facility shall comply with all applicable State and Federal regulations.

Religious, Educational, Recreational, and Institutional Uses.

C-I Place of Worship. Such use shall include a church, synagogue, temple, mosque, or other place of worship intended for conducting organized religious services and associated accessory uses, provided:

(a)

Access shall be to a collector or arterial highway as delineated in the Municipal Master Plan, as adopted.

(b)

The minimum lot size for places of worship shall be the minimum lot size as permitted for other uses per each applicable district, or five acres, whichever is greater.

No lot shall be less than the minimum required in that zone.

(c)

Minimum Yards. The minimum yards for the zone where the place of worship is proposed to be located shall be maintained, except that where said use abuts a residential use, the minimum side yard shall be doubled.

(d)

Parking. One off-street parking space for each four seats provided, plus one additional space for each full time employee. All parking shall be screened in accordance with § 30-7.2, herein

(e)

Sufficient parking for events shall be available on site. The parking area shall be temporary and pervious. No street parking shall be permitted.

C-2 School. A school shall include a private school, religious or nonreligious, and a public school which is not conducted as a private, gainful business, and is licensed under the proper governmental authority, provided:

(a)

The minimum lot area shall be 10 acres, plus one acre for each 100 students of projected maximum enrollment of the school.

(b)

Access shall be into an arterial or collector road as delineated in the Municipal Master Plan.

(c)

Outdoor play areas shall be screened so as to buffer adjacent residential neighborhoods.

(d)

Parking.

(1)

Kindergarten and/or Pre-School. No less than one off-street parking space for each faculty member, each member of the administrative staff and other employees plus two additional spaces per classroom, plus the safe and convenient area for the loading and unloading of students.

(2)

Elementary School. No less than one off-street parking space for each faculty member, each member of the administrative staff and other employees plus one space per two classrooms and offices, plus the safe and convenient area for the loading and unloading of students.

(3)

High School. Ten spaces for each classroom, or one space for every three seats in the primary assembly area, whichever is greater, plus the area for the safe and convenient loading and unloading of students.

(4)

All parking shall be screened in accordance with § 30-7.2, herein.

C-3 Commercial School. Such use shall include a trade, professional, martial arts, performing arts, or similar type uses provided:

(a)

Parking. No less than one off-street parking space per faculty member, each member of the administrative staff and other employees, plus two spaces per three students. A safe and convenient area for the loading and unloading of students, equipment and material shall also be provided. All parking shall be screened in accordance with § 30-7.2, herein.

C-4 Library or Museum. Such use shall include a library or museum open to the public or connected with a permitted educational use and not conducted as a private, gainful business, provided:

(a)

Parking. No less than one space per five seats or one space per 300 square feet of gross floor area where no seats are provided, plus one space for every employee. All parking shall be screened in accordance with § 30-7.2, herein.

C-5 Recreational Facility. Such use shall include a recreational facility, wildlife refuge, or park, owned or operated by the municipality, or other governmental agency, provided:

(a)

No outdoor active recreational area shall be located nearer to any lot line than 100 feet.

(b)

Outdoor play areas shall be adequately buffered.

(c)

A concession stand structure or structures shall be allowed as an accessory structure in recreational facilities operated by a municipality or other governmental agency.

(d)

Parking. No less than one off-street parking space for each five persons of total design capacity of the facility. All parking shall be screened in accordance with § 30-7.2, herein.

C-6 Athletic Facility. Such use shall include a recreational facility owned or operated by a nongovernmental agency, including buildings for indoor court games played with a ball such as racquetball, handball, squash, tennis, basketball, and volleyball, and facilities related thereto, provided:

(a)

The minimum lot size shall be the minimum lot size as permitted for other uses per each applicable district.

(b)

No outdoor active recreational area shall be located nearer to any lot line than 100 feet.

(c)

Outdoor play areas shall be adequately buffered.

(d)

Parking.

(1)

No less than one off-street parking space for each five persons of total design capacity of the facility or at least one off-street parking space for each 100 square feet of floor area used or intended to be used for service to customers, patrons, clients, guests, or members, whichever requires that greater number of off-street parking spaces, plus one additional space for each employee. All parking shall be screened in accordance with § 30-7.2, herein.

C-7 Golf Course. A golf course may include a clubhouse, restaurant, and other accessory uses, provided these are clearly accessory to the golf course, and is subject to the following provisions:

(a)

A lot area of not less than 120 acres shall be required.

(b)

No building shall be closer than 100 feet to any lot line.

(c)

A buffer shall be provided, in accordance with the provisions of § 30-7, along side and rear property lines where abutting properties are in any residential district.

(d)

Parking. Four spaces per hole, plus appropriate parking for retail and restaurant uses, plus one additional space per employee. All parking shall be screened in accordance with § 30-7.2, herein.

C-8 Private Club. A private club is a nonprofit association supported by dues or fees imposed on a uniform basis upon all members and paid at least in part for membership status rather than for periodic use of the club's facilities; includes, but is not limited to, fraternal, school, athletic, or other associations, with rules, bylaws, charter, or local or national affiliation and is based on membership of persons with common interests, pursuits, or purposes and is subject to the following additional provisions:

The minimum lot size shall be the minimum lot size as permitted for other uses per each applicable district, or three acres, whichever is greater.

(a)

The use shall be for members and their authorized guests only.

(b)

Parking. No less than one off-street parking space for every five members of total design capacity of the facility or at least one off-street parking space for each 100 square feet of floor area used or intended to be used for service to customers, patrons, clients, guests, or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee. All parking shall be screened in accordance with § 30-7.2, herein.

C-9 Community Center. A community center is an educational center or other similar facility operated by a non-profit educational, philanthropic, or religious institution, subject to the following additional provisions:

(a)

The minimum lot size shall be the minimum lot size as permitted for other uses for each applicable district, or three acres, whichever is greater.

(b)

No outdoor recreational area shall be located nearer to any lot line than 100 feet.

(c)

Parking. No less than one off-street parking space for each four seats provided for patron use, or at least one off-street parking space for each 100 square feet of floor area used or intended to be used for service to customers, patrons, clients, guests, or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee. All parking shall be screened in accordance with § 30-7.2, herein.

10.

C-10 Child Care Center. Such use is a day nursery, nursery school, or other similar use giving day care to children as defined herein, subject to the following additional provisions:

(a)

The minimum lot area shall be the minimum lot size as permitted for other uses in each applicable district.

(b)

The subject use shall be a principal use in all permitted districts, and may be an accessory use to a C-1 place of worship, C-5 recreational facility, C-8 private club, C-9 community center, or any D office use.

(c)

A maximum of 20 children shall be permitted.

(d)

A minimum indoor play area of at least 100 square feet per child shall be provided with adequate sanitary facilities. In addition, an outdoor play area of at least 100 square feet per child shall be provided in the rear yard of the subject lot and said play area shall be enclosed with a forty-eight-inch high fence and said play area shall be a minimum of 25 feet from any side or rear lot line. The play area shall be adequately buffered.

(e)

Parking. No less than one off-street parking space for each faculty member, each member of the administrative staff, and other employees plus two additional spaces per classroom. Adequate access for pickup and drop off shall also be required. All parking shall be screened in accordance with § 30-7.2, herein.

11.

C-11 Nursing Home. Such use shall include a licensed nursing or convalescent home, subject to the following additional provisions:

(a)

The minimum lot size shall be the minimum lot size as permitted for other uses within the applicable district, or five acres, whichever is greater plus 1,000 square feet for each resident patient beyond a total of 40.

(b)

There shall be no more than 200 beds per each facility.

(c)

Parking. No less than one off-street parking space for every three beds, plus one space per employee. All parking shall be screened in accordance with § 30-7.2, herein.

12.

C-12 Cemetery. A cemetery shall include a burial place or graveyard, including a mausoleum, crematory, or columbarium, provided:

(a)

Cemetery Area and Bulk Regulations.

(1)

The minimum lot size shall be 25 acres.

(2)

No more than 10% of the entire area, to a maximum of five acres, may be devoted to above ground buildings not serving as burial markers or memorials, such as business and administrative offices, chapels, and maintenance facilities. This restriction includes parking facilities.

(3)

For all accessory buildings the setback line requirements shall be the same as for single-family detached dwellings in the zone in which cemetery is located.

(4)

A twenty-foot buffer strip, unoccupied except for landscaping and walkways, shall be provided between building or burial site and the cemetery property line.

(5)

The side yard for all accessory buildings shall be the same as that required for dwellings in the zone in which the cemetery is located.

(6)

If the cemetery area exceeds 50 acres, one dwelling, to be used for custodial personnel, may be permitted. If the cemetery area is less than 50 acres, there shall be no dwellings.

(b)

Cemetery Design Standards.

(1)

All monuments, headstones, grave markers, etc. shall be flush with the grade.

(2)

The maximum height of mausoleums, columbariums, and other burial structures shall be 15 feet.

(3)

The maximum height of accessory buildings, including dwelling units where permitted shall be two stories or 25 feet. (See Cemetery, use C-12, Subsection 12a(2) above for examples of accessory buildings.)

(4)

For all entrance features, including gates, fountains, statuary, identification signs, and the like.

(i)

There shall be not more than two identification signs at such entrance, and the same shall conform to § 30-8.

(ii)

The main portion of entrance features shall be located at least 10 feet from the nearest right-of-way line of any public street.

(iii)

No such entrance features shall exceed 12 feet in height.

(5)

Parking.

(i)

Accessory Buildings Other than Chapels. No less than one space for each 200 square feet of floor area.

(ii)

Chapels. No less than one space for each 150 square feet of floor area of auditorium or three fixed seats, whichever is greater.

(iii)

All parking shall be screened in accordance with § 30-7.2, herein.

13.

C-13 Municipal Building. Such use shall include such structures necessary for the operation of the municipality such as but not limited to a municipal administration building or road maintenance facility, provided:

(a)

Parking. No less than one off-street parking space for every employee, plus one space for every two seats in meeting areas. All parking shall be screened in accordance with § 30-7.2, herein.

14.

C-14 Correctional Institution. Such use shall include a State-operated correctional institution.

15.

C-15 State Police Barracks. Such use may include offices, storage areas, communications facilities, maintenance facilities, sleeping accommodations for employees, and other facilities as needed for State police operations, provided:

All maintenance and parking areas shall be screened in accordance with § 30-7.2, herein.

Office Uses.

D-1 Professional Services. Professional services shall include the offices of a physician, lawyer, optometrist, clergyman, teacher, dentist, architect, engineer, insurance agent, real estate broker, and manufacturer's representative, and similar professional offices which do not include the actual storage, exchange, or delivery of merchandise in the premises, provided:

(a)

The minimum lot area shall be one acre.

(b)

Such use shall be carried on wholly indoors and within the principal building.

(c)

No office building shall include:

(1)

A store front;

(2)

A store window; or

(3)

Any other retail commercial characteristic which detracts materially from the character of the district or surrounding neighborhood.

(d)

Dwelling units on the second floor may be permitted as an accessory use.

(e)

Parking. No less than one off-street parking space for every 250 square feet of gross floor area, plus one space for every employee. All parking shall be screened in accordance with § 30-7.2, herein.

D-2 Medical Clinic. Such use shall include a building or buildings with multiple offices for more than one physician or dentist for examination or treatment of persons as out patients and laboratories incidental thereto, provided:

(a)

The minimum lot area shall be one acre.

(b)

Parking. No less than one off-street parking space for every 150 square feet of gross floor area, plus one space for every employee. All parking shall be screened in accordance with § 30-7.2, herein.

D-3 Office. Such use shall include low intensity medical, professional, administrative and government office uses such as accountants, insurance brokers, realtors, fiscal agents, engineers, architects, teachers, attorneys, and medical professionals, provided:

(a)

The minimum lot area shall be no less than one acre, and the FAR shall not exceed 0.5 acre.

(b)

D-4 Research. Such uses shall include a research or testing facility, and an experimental laboratory, provided:

(a)

Parking. No less than 10 off-street parking spaces for every nine employees, or one space for every 1,000 square feet of gross floor area, whichever requires the greater number of spaces, plus one space for each company vehicle normally stored on the premises. All parking shall be screened in accordance with § 30-7.2, herein.

Retail and Consumer Services Uses.

E-1 Retail Shop. Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods, provided:

(a)

All products produced on the premises are sold on the premises;

(b)

Over the counter sale of alcoholic beverages in taverns and bars is not included;

(c)

Stores with a gross floor area in excess of 10,000 square feet are not permitted.

(d)

Parking. No less than one off-street parking space for every 200 square feet of gross floor area, plus one space for every employee. All parking shall be screened in accordance with § 30-7.2, herein.

E-2 Service Business. Establishments primarily engaged in providing assistance, as opposed to products, to individuals, business, industry, government, and other enterprises, including hotels and other lodging places, personal, business, repair, and amusement services, health, legal, engineering, and other professional services, educational services, membership organizations, and other miscellaneous services, provided:

(a)

The minimum lot area shall be two acres.

(b)

E-3 Financial Establishment. Establishments such as banks and savings and loans, credit agencies, credit unions, investment companies, brokers and dealers of securities and commodities, and security and commodity exchanges, provided:

(a)

Parking. No less than one off-street parking space for every 300 square feet of gross floor area, plus one space for every employee. All parking shall be screened in accordance with § 30-7.2, herein.

E-4 Eating Place. An eating place shall include any place offering for sale and consumption food and beverages, provided:

(a)

Drive-in service is prohibited;

(b)

The sale of alcoholic beverages must be incidental to the sale and consumption of food;

(c)

Parking. No less than one off-street parking space for every three seats provided for use by patrons, plus one space for every employee. All parking shall be screened in accordance with § 30-7.2, herein.

E-5 Repair Shop. A repair shop shall include any business for the repair of such items as electrical repair, electronic and precision equipment repair and maintenance, watch, clock, and jewelry repair, reupholstery and furniture repair, blacksmith shops, camera repair, gunsmith shops, lawnmower repair shops, and luggage repair shops, footware and leather goods repair.

(a)

B-6 Hotel. A commercial facility offering transient lodging accommodations to the general public and providing additional services, such as restaurants, meeting rooms, entertainment, and recreational facilities, provided:

(a)

Within the Village Commercial VC Districts, the maximum of such rented rooms shall be 15; within the Planned Commercial PC District, the minimum number of rooms shall be 20.

(b)

The use must have direct access to a collector or arterial street.

(c)

Units in such facilities shall contain a minimum of 200 square feet of floor space, with a minimum of two rooms: a bedroom and a separate bathroom equipped with a flush water closet, a lavatory basin, and a bathtub or shower, all properly connected to a water and septic system.

(d)

Parking. No less than one off-street parking space for each guestroom in addition to any parking required for any eating place use E-5, plus one space for every employee. All parking shall be screened in accordance with § 30-7.2, herein.

E-7 Inn. A commercial facility that shall include a building or group of buildings containing rooms for the accommodation of transient guests, chiefly motorists, for compensation, plus an eating place, provided:

(a)

Within the Village Commercial VC District and the Planned Commercial PC District, the maximum of such rented rooms shall be 15.

(b)

E-8 Bed and Breakfast. Overnight accommodations and a morning meal in a dwelling unit provided to transients for compensation. Breakfast is limited to guests only and the owner of the bed and breakfast must reside on the premises.

(a)

Parking. No less than one off-street parking space for each guestroom, plus one space for every employee. All parking shall be screened in accordance with § 30-7.2, herein.

E-9 Entertainment. An establishment engaged in providing entertainment for a fee and including such activities as a dance hall, a bowling alley, skating rink, billiard hall, movie theater, theatrical productions, arcades, driving range, or other similar uses, provided:

(a)

The minimum lot area shall be four acres.

(b)

Parking.

(1)

Theater. No less than one off-street parking space for every three seats in the auditorium, plus one space for every employee.

(2)

Bowling Alley. No less than five off-street parking spaces for every bowling lane, plus one off-street parking space for every employee.

(3)

Other Uses. No less than one off-street parking space for every 120 square feet of gross floor area, plus one space for every employee.

All parking shall be screened in accordance with § 30-7.2, herein.

10.

E-10 Tavern. Such use shall include an establishment which serves alcoholic beverages for on-premises consumption and which is licensed by the State of New Jersey, provided:

(a)

Parking. No less than one off-street parking space for every two seats intended for use by patrons, plus one space for every employee, or one space per 100 square feet of gross floor area. All parking shall be screened in accordance with § 30-7.2, herein.

11.

E-11 Convenience Shopping. Such use shall include individual stores or a group or planned cluster of stores intended for quick carry-out trade such as a small grocery, delicatessen, newsstand, laundry, etc., provided:

(a)

12.

E-12 Veterinary Office or Clinic. Such use shall include the office of veterinarian with accessory animal kennel. In no event shall animal kennels be allowed as a primary use. Such use shall be subject to the following provisions:

(a)

Such use shall require a minimum of 10 acres if it includes a kennel or the outdoor boarding of dogs. In such event no animal runway or outdoor pen shall be located closer than 300 feet to any residential building other than the owner's.

(b)

13.

E-13 Farmer's Market. A market consisting of booths and stalls which is organized, owned, and operated by farmers to sell produce and farm products to the general public. A farmer's market is a conditional use permitted only in the PC Planned Commercial District, provided:

(a)

The minimum lot area is two acres;

(b)

A maximum of 500 square feet of selling area for anyone one individual farmer or retailer shall be permitted;

(c)

Sales are limited to farm products and services, craftsman produced goods and food services.

(d)

A minimum stall size of six by nine feet with aisle widths of 12 feet.

(e)

Parking. No less than one off-street parking space for each stall or 250 square feet of gross floor area plus one space for every employee. All parking shall be screened in accordance with § 30-7.2, herein.

14.

E-14 Fabrication and Light Assembly. Such uses shall include but not be limited to the production, processing, cleaning, and testing of materials, goods, foodstuffs, and products, provided:

(a)

15.

E-15 Electronic Publishing. Such use shall include electronic printing, publishing, and binding, provided:

All Common Carriers, Public Utilities, and Public Service Organizations.

F-1 Utility Operating Facility. Such use shall include a transformer station, pumping station, relay station, substation, sewage treatment plant, and any similar or related installation, unless otherwise specified herein, not including a public incinerator and public or private landfill, provided:

(a)

Such installation is essential to serve the Township of Union;

(b)

No public business office or any storage yard or storage building is operated in connection with the use;

(c)

No facility nor projecting area thereof as viewed in the plan view shall occupy greater than 10% of the property upon which it is located;

(d)

A fifty-foot buffer yard shall be provided along all property lines in accordance with the buffer requirements in § 30-7, herein;

(e)

There shall be an impact statement which shall evaluate the impact of the proposed land use on the district and on surrounding land uses. Such statement shall include assessments of the impacts of the following:

(1)

Air quality.

(2)

Water quality.

(3)

Community appearance.

(4)

Vegetation.

(5)

Land use.

(6)

Traffic and road safety.

(7)

Historical features.

(f)

Parking. No less than two off-street parking spaces or one space per employee, whichever requires the greater number of spaces. All parking shall be screened in accordance with § 30-7.2, herein.

F-2 Emergency Services. Emergency services shall include fire, ambulance, rescue, and other emergency services of a municipal or volunteer nature.

(a)

For facilities without a community room, there shall be a minimum lot size of 1.5 acres.

(b)

For facilities with a community room, there shall be a minimum lot size of three acres.

(c)

Parking. No less than one off-street parking space for every employee on the two major shifts at maximum employment, or four off-street parking spaces for each fire truck where no community room is part of the building, whichever requires the greater number of parking spaces. Where a community room is provided, two off-street parking spaces for each fire truck plus one off-street parking space for each 100 square feet of gross floor area. All off-street parking requirements shall be determined by the number of trucks, if there is no community room on the premises, or the requirements for community rooms, if it applies. All parking areas shall be screened in accordance with § 30-7.2, herein.

F-3 Railroad. Such use shall include railroad lines and facilities such as switching devices, signal towers, power services and other passenger and freight installations.

F-4 Essential Services. Essential services shall include the erection, alteration or maintenance by public utilities or municipal or other governmental agencies of underground, surface or overhead gas, electrical, steam or water transmission systems, including poles, wire, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, light stations, telephone lines, hydrants, railroad lines and other similar equipment and accessories reasonably necessary for the furnishing of adequate service by such public utility or governmental agency for the public health, safety and welfare.

F-5 Wireless Telecommunication Antennas, Equipment and/or Towers. Buildings and/or structures for the delivery of low power wireless radio telecommunications through a network, provided:

(a)

An applicant to construct a new wireless telecommunications tower shall present documentary evidence regarding the need to locate cellular antennas within the Township of Union. This information shall identify the cellular network layout and coverage areas to demonstrate the need for such equipment within the Township of Union.

(b)

An applicant proposing to erect a new wireless telecommunications tower shall provide documentary evidence that a legitimate attempt has been made to locate the antennas on existing buildings or structures. Such evidence shall include a radio frequency engineering analysis of the potential suitability of existing buildings or structures in the search area for such antennas. Efforts to secure such locations proving to have an acceptable correspondence between the wireless telecommunications provider and the property owner(s) of the existing buildings or structures. The Township reserves the right to engage a professional radio frequency engineer to review such documentation. The fee for the professional radio frequency engineer retained by the Township shall be paid out of the applicant's escrow funds.

(c)

Applicants proposing to construct new wireless telecommunications towers shall document the locations of all existing telecommunications towers within the Township of Union and surrounding municipalities with coverage in the Township as well as the closest such facilities in all directions and shall provide competent testimony by a radio frequency engineer regarding the suitability of potential co-locations in light of the suitable co-location on an existing tower is found to exist, but an applicant is unable to secure an agreement to co-locate its equipment on such tower, the applicant shall provide written evidence of correspondence with the owner of such tower verifying that suitable space is not available on the existing tower and giving the reasons therefor.

(d)

When an applicant to construct a new wireless telecommunications tower demonstrates to the satisfaction of the Board that suitable locations on existing buildings or structures either do not exist or are not available, the applicant may erect a new telecommunications tower according to the following requirements:

Minimum lot size	5 acres
Minimum setback of tower and equipment compound from any property line and from existing structures on-site	1.5 times height of tower
Maximum tower height multiple vendors	140 feet

(e)

Antenna Modifications, Tower Certification and Abandonment.

(1)

Operators of wireless telecommunications tower shall provide to the Township of Union an annual report from a licensed professional engineer certifying the structural integrity of the tower together with all antennas mounted thereon, and that such facilities meet applicable minimum safety requirements and applicable Federal and State radio-frequency emission standards. Such report shall also be provided whenever antenna arrays are modified, and shall include a detailed listing of all antennas and equipment so certified. Vendors shall also be required to notify the Township of Union when the use of antennas and/or equipment is discontinued.

(2)

Wireless telecommunications towers which have not been in use for wireless telecommunications purposes for six months shall be removed by the property owner. This removal shall occur within 90 days of the end of such six-month period. Upon removal, the site shall be cleaned, restored, and revegetated to blend with the existing surrounding vegetation. The facility owner or property owner shall post a bond in a form acceptable to the Township Attorney or cash deposit at time of site plan approval to cover the costs of tower removal and site restoration. The amount of the bond or cash deposit shall include anticipated cost escalations. Any and all additional or unanticipated costs of the tower removal, including the full cost in the event the bond has expired, shall be the responsibility of the property owner. The property owner's signature consenting to the application shall indicate acceptance of such responsibility under this subsection.

(f)

Co-location Required. Authorization for the construction of any new wireless telecommunications tower shall be conditioned on agreement by the tower owner that other wireless telecommunications service providers will be permitted to co-locate antennae on the proposed tower and to co-locate equipment buildings within the limits of structural and radio frequency engineering requirements and at rates which reflect the fair market value for such services. As part of any application for new tower approval, the applicant shall document the extent to which additional antennae, which could be accommodated as well as the ability to accommodate the equipment building(s) for such antennae within the equipment compound.

(g)

Access. The equipment compound shall have access to a public street by means of a driveway constructed in accordance with the Township's Driveway Ordinance.

(h)

Lighting. Security lighting shall be shielded downward and inward toward the equipment compound to prevent direct light or glare from encroaching onto neighboring properties and streets. Said lighting must be activated by motion sensors and/or remote control to preclude continuous lighting of the premises.

(i)

Soundproofing. All equipment, including emergency generators, shall be located within a soundproofed structure, such that there will be no impact on existing sound levels measured at the property lines.

(j)

Visual Compatibility Requirements for the Installation of Wireless Telecommunication Antennas. Wireless telecommunication antennas may be erected in existing buildings or structures, and an equipment compound may be constructed in support of such antennas, consistent with the following requirements:

(1)

Antenna arrays shall, wherever possible, be mounted on existing buildings or structure(s) but shall not extend beyond the overall height of any such building or structure by more than 20 feet.

(2)

An equipment compound consisting of up to 750 square feet in area may be erected in support of such antenna arrays provided:

(i)

The equipment compound shall be surrounded by a chain-link fence at least six feet and no more than eight feet high as approved by the Township Engineer which fence shall include a locking security gate.

(ii)

The equipment compound shall be situated behind existing structures, buildings or terrain features which will shield the compound from public view; or

(iii)

A landscaped buffer of 30 feet in width shall be provided around the outside of the compound to completely shield the building and fencing from public view. Landscaping shall include evergreen trees at least 10 feet high at the time of planting and planted in staggered double rows 15 feet on center, or equivalent, and a continuous hedge at least 30 inches high at time of planting and capable of growing to at least 36 inches in height within 18 months.

(3)

Antennas installed according to these provisions shall be suitably finished and/or painted so as to minimize their visual impact on the landscape. Depending on the placement of the equipment, color shall be selected to be consistent with the color scheme of the building or structure on which the antennas are mounted, in order to blend with the surroundings. When this is not possible, color selection shall be designed subject to the Board's approval to minimize the visual impact of the antenna arrays.

(k)

Registering of New Wireless Telecommunications Antennas Required. Prior to any new wireless telecommunication antenna being installed on an existing telecommunication tower that has been duly approved by the Township, the provider shall make application to register such antennas, on a form provided by the Township. Such permit shall not require review by the Planning Board per the provisions of this subsection, provided that no new wireless telecommunications tower, as defined herein, is to be erected as part of the application. Failure to comply with this provision shall be a violation of this subsection and shall be subject to a fine of $100 per day.

F-6 Renewable Energy Facility.

(a)

Solar and Photovoltaic Facilities.

[Ord. No. 2015-06 § 4]

(1)

General Requirements. The following general requirements shall apply to solar and photovoltaic facilities, regardless of whether they are accessory or principal uses.

(i)

Solar facilities shall be permitted to be ground mounted and mounted to principal and accessory structures and buildings.

(ii)

Ground-mounted solar facilities which are accessory uses shall not exceed an area of 6,000 square feet.

(iii)

Ground-mounted solar facilities which are principal uses shall not exceed 50% lot coverage.

(iv)

The following standard shall apply when a proposal for a ground-mounted solar facility exceeds a ratio of 1:5 for the area which the facility is constructed and installed on to the area used for another purpose(s), or when the facility is constructed and installed on an area of 10 acres or greater, whichever is first applicable:

[a]

The facility shall be principal use. Smaller facilities (pursuant to the above) shall be accessory uses.

(v)

All roof-mounted solar facilities shall be accessory uses.

(vi)

Solar facilities shall not be counted in the calculation of maximum lot coverage or maximum impervious cover, unless the area under the facility (excluding the footings) consists of an impervious material, such as pavement. Nevertheless, the design of the systems shall comply with all Township stormwater, grading, and soil disturbance regulations.

(vii)

Ground-mounted solar facilities contained within an area of 1,000 square feet (including the aggregate area of multiple systems) to 10 acres shall require minor site plan approval prior to obtaining a zoning permit; smaller systems shall not require site plan approval. Systems greater than 10 acres in size shall require preliminary and final site plan approval prior to obtaining a zoning permit.

(viii)

Solar facilities which generate more than 125% of the average energy demand for the property calculated over the past three years shall require preliminary and final site plan approval.

(ix)

Solar facilities which generate more than 125% of the average energy demand for the property calculated over the past three years are principal uses.

(x)

Ground-mounted solar facilities greater than 1,000 square feet shall provide one or more of the following beneath the structures: meadow grasses or agricultural area for crops or grazing farm animals.

(xi)

Site disturbance including but not limited to, grading, soil removal, excavation, and soil compaction, including beneath a ground-mounted system, shall be minimized to the extent practical.

(xii)

Mounting of the solar structures shall be accomplished without the use of footings, concrete, or other impervious surfaces.

(xiii)

Roadways within the site shall not be constructed of impervious materials and shall be designed to minimize the extent of roadways constructed and associated soil compaction.

(xiv)

Wooded sites may not be clear cut to construct renewable energy facilities.

(xv)

Applicants are encouraged to enter into solar easements with neighboring property owners in order to ensure continuing access to sunlight for solar facilities.

(xvi)

All electrical and control equipment shall be labeled and secured to prevent unauthorized access.

(xvii)

There shall be no signs that are visible from any public road posted on a solar facility or any associated building or structure, except for the manufacturer's or installer's identification, appropriate warning signs, or owner/operator identification.

(xviii)

Noise generated by any portion of the renewable energy facility including inverters shall not exceed 55 dBA during the day and 40 dBA at night at the property line and shall not be audible within schools both public and private, within houses of worship, in neighboring day care facilities or residential dwellings.

(xix)

A permit issued pursuant to this ordinance shall expire if:

[a]

The solar or photovoltaic facility is not installed and functioning within 24 months from the date the permit is issued; or

[b]

The solar or photovoltaic facility is out of service or otherwise unused for a continuous eighteen-month period.

[c]

A solar or photovoltaic facility that is out-of-service for a continuous twelve-month period will be deemed to have been abandoned.

[d]

The Township may issue a Notice of Abandonment to the owner of a solar or photovoltaic facility that is deemed to have been abandoned. The notice shall be sent return receipt requested.

[e]

The owner shall have the right to respond to the Notice of Abandonment within 30 days from Notice receipt date.

[f]

If the owner provides information that demonstrates the solar or photovoltaic facility has not been abandoned, the Township shall withdraw the Notice of Abandonment and notify the owner that the Notice has been withdrawn.

[g]

If the Township determines that the solar or photovoltaic facility has been abandoned, the owner of the solar or photovoltaic facility shall remove the photovoltaic panels, inverters, interconnection hardware, substations, racking or mounting structures, fencing, and all other structures and equipment at the owner's sole expense within six months after the owner receives the Notice of Abandonment.

[h]

If the owner fails to remove the equipment in the time allowed under Subsection [g] above, the Township may pursue legal action to have the solar or photovoltaic facility removed at the owner's expense.

(xx)

Where site plan approval is required, in addition to those items required for an application to be deemed complete, a site plan application shall depict the following:

[a]

Location of proposed and existing overhead and underground utility and transmission lines.

[b]

Location of any proposed or existing substation, inverter, transformer or equipment enclosures.

[c]

Description of any necessary upgrades or modifications to existing substations or the necessity for a new substation.

[d]

Description of how the energy generated by the facility will be connected to the electrical distribution or transmission system or the electrical system of the intended energy user.

[e]

For projects over two megawatts, the location and elevations of all transmission lines, support structures and attachments to a substation(s).

[f]

Location of existing hedgerows and vegetated windbreaks.

[g]

Landscape maintenance plan which demonstrates how the ground cover and screening plantings will be maintained.

[h]

Decommissioning plan documenting how the property will be restored once the renewable energy facility has been removed and an estimate of the cost of decommissioning.

[i]

Major site plan submissions shall include a glint and glare study documenting no adverse impacts on neighboring properties or rights-of-way.

[j]

Major site plan applications shall include an acoustical analysis.

[k]

For projects over two megawatts, documentation detailing the available capacity of the existing electric infrastructure in the region and the amount of that capacity the project will absorb.

[l]

For projects over two megawatts, interconnection agreement with PJM.

(2)

Principal Use Requirements. The following requirements shall apply to solar and photovoltaic facilities where they are conditional principal uses considered to be solar farms.

(i)

The site shall not be located in an Agricultural Development Area (ADA) or the property shall be the subject of a development approval whose vested rights may or may not be valid.

(ii)

Minimum lot size shall be 20 contiguous acres.

(iii)

The following setbacks shall apply to ground-mounted systems:

[a]

Front yard: 100 feet.

[b]

Side yard: 50 feet, or not less than 100 feet where a lot abuts a residential district.

[c]

Rear yard: 50 feet, or not less than 100 feet where a lot abuts a residential district.

[d]

Substations shall be setback a minimum of 150 feet from a property line.

(iv)

The following minimum screening requirements shall be met. However, notwithstanding the minimum requirements, the applicant shall demonstrate, to the satisfaction of the approving Board, that the proposed screening provides a year round visual screen of the facility from neighboring residential properties. Additional screening may be needed to meet this requirement or the design and location of the solar facility shall be revised to mitigate the visual impact upon the neighboring residential properties.

[a]

Neighboring residential uses shall be defined for this purpose as those properties which abut the subject site, those properties which are located directly across the street from the subject site or, in the case of hillsides or mountainsides over-looking the subject site, properties within 500 feet of the subject site.

[1]	The proposal shall comply with the Buffer Yards Requirements in § 30-7.4. Regardless of adjoining land uses, the proposal shall comply with § 30-7.4b1.

[b]

Substations and other associated transmission structures shall be screened with a double row of evergreen plantings with a minimum height of eight feet.

[c]

Existing hedgerows or vegetated windbreaks that provide screening of the subject site from neighboring properties shall be retained and augmented unless waived by the approving Board.

(v)

Fencing shall be required at a height of six feet on nonresidential properties where deemed by the approving Board to be necessary for health, safety or welfare.

(vi)

Ground-mounted systems shall not be located in wetlands, floodplains, riparian areas, historic districts, or viewshed corridors and shall be subject to all New Jersey Department of Environmental Protection regulations and permitting.

(vii)

Ground-mounted systems shall not be located on properties with greater than 25% prime agricultural soils.

(viii)

Sites shall not be clear cut to construct solar facilities.

(ix)

In order to support the goal of providing for large contiguous tracts of farmland within the Township grid-scale renewable energy facilities shall not be located on lots which are adjacent to preserved farmland.

(3)

Accessory Use Requirements. The following requirements shall apply to solar and photovoltaic facility accessory uses whether they are residential scale renewable energy facilities or accessory to commercial uses.

(i)

Solar and photovoltaic panels shall be permitted to be mounted to principal and accessory structures and buildings or ground mounted.

(ii)

A zoning permit must be issued for all systems.

(iii)

Roof-mounted systems shall be mounted parallel to the roof angle and shall not exceed a height of 12 inches above the roofline and shall not extend above the ridge of the roof. Notwithstanding, systems shall not exceed the maximum building height in the zone district.

[Ord. No. 2017-1]

(iv)

Ground systems shall meet the side and rear yard setback standards for accessory structures in the zone which the structure is located.

(v)

Ground systems shall not be located between a building line and a public street (i.e. ground systems shall not be located in a front yard).

(vi)

Ground-mounted systems contained within an area of 1,000 square feet or greater shall be screened from public rights-of-way and residential uses. A solid screen of plantings shall be provided along rights-of-way and plantings or a solid fence shall be provided along property lines shared with a residential zone district. The minimum height of the screening shall be five feet. Existing vegetation shall be retained to the extent practical.

(vii)

(Reserved)

[Deleted by Ord. No. 2017-1]

(4)

Farm Scale Renewable Energy Generating Facilities, Solar. These conditions relate to farm scale solar applications whether they are nonpreserved farms or preserved farms.

(i)

Ground-mounted systems which are rated to generate 10 kilowatts of electricity or greater shall require minor site plan approval prior to obtaining a zoning permit. Systems covering greater than 10 acres are prohibited.

(ii)

On nonpreserved, agriculturally-assessed farms, ground-mounted facilities shall be permitted on a farm management unit at a ratio of one acre devoted to the solar facility to five acres devoted to agriculture 16 2/3% or a maximum of 10 acres taken out of agricultural production whichever first applies. This area shall be calculated including required roadways and buffers. In no case shall a facility be rated to generate more than two megawatts of electricity.

(iii)

A preserved farm renewable energy generating facility shall be permitted at a scale of energy production not to exceed 110% of the previous year's energy demand for the farm management unit or may cover a maximum of 1% of the total acreage of the farm management unit whichever is greater. In no case shall a facility be rated to generate more than two megawatts of electricity.

(iv)

Ground-mounted farm scale facilities which are to be located as accessory uses on agriculturally-assessed farms or preserved farms shall be placed as far from public rights-of-way and viewsheds in the most visually remote areas as possible.

(v)

All farm scale solar energy generating facilities shall comply with the State Agricultural Development Committee (SADC) agricultural management practice for solar energy generation. The SADC has established an agricultural management practice (AMP), or standards, which commercial farms must meet to be eligible for right-to-farm protection for the on-farm generation of solar energy. This rule was required to implement legislation that extends the protections of the Right to Farm Act to the generation of solar energy on commercial and preserved farms within certain limits. The rule can be found on the SADC website at http://www.state.nj.us/agriculture/sadc/ruleprop/.

(vi)

In no case shall such facilities be located closer than 300 feet to any residential improvement on an adjacent lot.

(vii)

The energy generating facility location shall avoid prime agricultural soils.

(b)

Wind Energy Facilities.

(1)

General Requirements. The following general requirements shall apply to wind facilities, regardless of whether they are accessory or conditional uses.

(i)

Small wind energy systems shall be considered accessory uses. Wind energy facilities that do not meet the definition of a small wind energy system shall be considered principal uses.

(ii)

Wind energy facilities that do not meet the definition of small wind energy systems shall require preliminary and final site plan approval.

(iii)

System height shall be defined as the height above grade of the tower plus the wind generator.

(iv)

Tower height shall be defined as the height above grade of the fixed portion of the tower, excluding the wind generator.

(v)

All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.

(vi)

The tower shall be designed and installed so as not to provide step bolts, a ladder, or other publicly accessible means of climbing the tower, for a minimum height of eight feet above the ground.

(vii)

Small wind energy systems that connect to the electric utility shall comply with the New Jersey's Net Metering and Interconnection Standards for Class I Renewable Energy Systems at N.J.A.C. 14:4-9.

(viii)

A Met tower shall be permitted under the same standards, permit requirements, restoration requirements and permit procedures as a small wind energy system.

(ix)

All electrical and control equipment shall be labeled and secured to prevent unauthorized access.

(x)

There shall be no signs that are visible from any public road posted on a wind energy system or any associated building or structure, except for the manufacturer's or installer's identification, appropriate warning signs, or owner identification.

(xi)

Noise generated by any portion of the renewable energy facility shall not exceed 55 dBA at the property line during the day and 40 dBA at night and shall not be audible within schools both public and private, within houses of worship, in neighboring day care facilities or residential dwellings.

(xii)

Permit Requirements.

[a]

A zoning permit shall be required for the installation of a small wind energy system.

[b]

The zoning permit application shall be accompanied by a plot plan which includes the following:

[1]	Property lines and physical dimensions of the property;
[2]	Location, dimensions, and types of existing major structures on the property;
[3]	Location of the proposed small wind energy system tower;
[4]	The right-of-way of any public road that is contiguous with the property;
[5]	Location of existing and proposed overhead utility lines; and
[6]	System specifications, including manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed).

(xiii)

A permit issued pursuant to this paragraph shall expire if:

[a]

The wind energy system is not installed and operating within 24 months from the date the permit is issued; or

[b]

The wind energy system is out of service or otherwise unused for a continuous twelve-month period.

(xiv)

Where site plan approval is required, in addition to those items required for an application to be deemed complete, a site plan application shall depict the following:

[a]

Location of proposed and existing overhead or underground utility or transmission lines;

[b]

Location of any proposed substation or transformer; and

[c]

Description of any necessary upgrades or modifications to existing substations or the necessity for a new substation.

[d]

Description of how the energy generated by the facility will be connected to the electrical distribution or transmission system or the electrical system of the intended energy user.

[e]

For projects over two megawatts, the location and elevations of all transmission lines, support structures and attachments to a substation(s).

[f]

System specifications, including manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed).

[g]

A glint, glare, and shadow flicker analysis documenting no adverse impacts on neighboring properties or rights-of-way.

[h]

An ice throw study shall demonstrate no adverse impact to neighboring properties.

[i]

An acoustical analysis.

[j]

An analysis of the potential for ice buildup and throwing of ice from rotor blades.

[k]

Decommissioning plan documenting how the property will be restored once the renewable energy facility has been removed and an estimate for removal.

(xv)

Abandonment.

[a]

A wind energy system that is out-of-service for a continuous eighteen-month period will be deemed to have been abandoned.

[b]

The Township may issue a Notice of Abandonment to the owner of a wind energy system that is deemed to have been abandoned. The notice shall be sent return receipt requested.

[c]

The owner shall have the right to respond to the Notice of Abandonment within 30 days from Notice receipt date.

[d]

If the owner provides information that demonstrates the wind energy system has not been abandoned, the Township shall withdraw the Notice of Abandonment and notify the owner that the Notice has been withdrawn.

[e]

If the Township determines that the wind energy system has been abandoned, the owner of the wind energy system shall remove the tower and wind generator from the tower at the owner's sole expense within six months after the owner receives the Notice of Abandonment.

[f]

If the owner fails to remove the equipment in the time allowed under [e] above, the Township may pursue legal action to have the wind generator removed at the owner's expense.

(2)

Principal Use Requirements. The following requirements shall apply to wind facilities where they are conditional principal uses. These requirements shall be bulk requirements for permitted uses and conditions for conditional uses.

(i)

The site shall not be located in an Agricultural Development Area (ADA) or the property shall be the subject of a development approval whose vested rights may or may not be valid.

(ii)

The minimum lot size shall be 20 contiguous acres.

(iii)

Substations shall be screened with a double row of evergreen plantings with a minimum height of eight feet. Existing vegetation shall be retained to the extent practical.

(iv)

A wind tower shall be set back a minimum distance of 150% of the total height of the wind system.

(v)

Substations shall be setback a minimum of 150 feet from a property line.

(vi)

No portion of the wind generator shall extend into any public road right-of-way, unless written permission is granted by the government entity with jurisdiction over the right-of-way or any overhead utility lines, unless written permission is granted by the utility that owns and/or controls the lines.

(vii)

A wind energy system shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.

(viii)

The wind generator and the tower shall be a neutral color that is appropriate for its location and will allow the tower to be as unobtrusive as possible, unless otherwise required by the FAA.

(3)

Accessory Use Requirements. The following requirements shall apply to wind facilities where they are accessory uses.

(i)

No wind tower on a residential property shall be located between a building line and a public street.

(ii)

A wind tower shall be set back a distance equal the total height of the wind system.

(iii)

(iv)

A small wind energy system shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.

(v)

The wind generator and the tower shall be a neutral color that is appropriate for its location and will allow the tower to be as unobtrusive as possible, unless otherwise required by the FAA.

(vi)

Wind facilities which generate more than 125% of the average energy demand for the property calculated over the past three years shall require preliminary and final site plan approval.

(vii)

Wind facilities which are accessory uses and which generate more than 125% of the average energy demand for the property calculated over the past three years shall be prohibited.

[Ord. No. 2011-10 § 17]

Other Commercial Uses.

G-1 Contracting/Trades. Contracting shall include such occupations as electricians, HVAC contractors, plumbers, masons, landscapers, painters and roofers, provided:

(a)

Parking. No less than three off-street parking spaces for every four employees, or one space for every 500 square feet of gross floor area, whichever requires the greater number of spaces, plus one space for each company vehicle normally stored on the premises. All parking shall be screened in accordance with § 30-7.2, herein.

(b)

Outside storage is specifically prohibited.

G-2 Quarry. Such use shall include extractive operations only (i.e. extraction of sand, clay, shale, gravel, and stone) subject to the following provisions:

(a)

There shall be a berm of average height of 15 feet and a maximum height of 50 feet. The slope of the sides of berm shall not exceed a 1:1 ratio. Berms shall be planted and dusted, and erosion control measures shall be taken as may be approved by the U.S. Soil Conservation Service. Planting and berms shall begin at a point no closer to a street than the ultimate right-of-way line. No berm shall be constructed closer than 50 feet to a district in which extraction is not permitted. The municipality may require additional planting pursuant to the standards of § 30-7, herein;

(b)

A chain-link type fence at least six feet in height, surmounted by three strands of barbed wire, shall be required within the setback area at a point no closer than the ultimate right-of-way line to be maintained in a constant state of good repair. Appropriate warning signs shall be mounted or posted along the fence at intervals of not more than 100 feet;

(c)

An adequate internal circulation pattern of streets shall be maintained between the excavation sites and processing areas. Use of public streets shall not be permitted for hauling between extractive and processing areas except where required in connection with such pattern or for access of vehicular traffic originating from or destined to points beyond the limits of such excavation sites processing areas. Access shall be regulated in accordance with the Municipal Subdivision and Land Development Ordinance;

(d)

No slope shall be maintained exceeding the normal limiting angle of slippage of the material in which the excavation or extraction is being made. No undercutting shall be permitted within the setback area except for tunnels to provide transportation of materials between extractive and processing areas;

(e)

All operations shall be conducted with sufficient lateral support to be safe with respect to: (1) hazard to persons, (2) physical damage to adjacent lands or improvements, or (3) damage to any street, sidewalk, parking area, or utility by reason of slide, sinking, or collapse;

(f)

Stockpiles shall not exceed 50 feet in height and shall not be located closer than 200 feet from any district boundary line, no closer than 300 feet from the centerline of any street except where a railroad is the district boundary line or where the contiguous district is a district in which extraction is permitted, and no closer than 100 feet to any property line. All reasonable precautions shall be taken to prevent any materials or wastes deposited upon any stockpile from being washed, blown, or otherwise transferred off the site by normal and/or reasonably foreseeable causes or forces;

(g)

All drainage from the site of extractive operations shall be controlled by dikes, barriers, or drainage structures sufficient to prevent any silt, debris, or other loose materials from filling any existing drainage course or encroaching on streets and adjacent properties;

(h)

No ground vibration caused by blasting or machinery shall exceed the limits established by the State of New Jersey with the exception that no blasting shall cause a peak particle velocity greater than one inch per second, measured at any property line or at the centerline of any street. Notice of blasting operations shall be provided to the municipality and all property owners within 500 feet of the property at least five business days prior to commencement of planned blasting operations. All blasting plans must be approved by the Township Engineer prior to the commencement of blasting.

(i)

The operation shall not include mixing of rock materials with asphaltic oils or other binders for road building and construction purposes, recycling operations, or other similar manufacturing operations and storage of materials other than those extracted from within the property shall be prohibited;

(j)

The operator shall obtain a use and occupancy permit as required within § 30-12.3, herein.

(k)

Parking. No less than one off-street parking space for every employee, plus one space for each company vehicle normally stored on the premises. All parking shall be screened in accordance with § 30-7.2, herein.

Accessory Uses.

[Ord. No. 2015-06 § 5]

H-1 Home Occupation. This use shall include any activity carried out for gain by a resident and carried out within the resident's dwelling unless otherwise indicated herein provided:

(a)

The home occupation shall be accessory to a residence and carried on wholly indoors and within a dwelling or other structure accessory thereto unless provided herein.

(b)

There shall be no use of show windows, display, or advertising visible outside the premises, except as provided for signs in § 30-8, herein.

(c)

There shall be no exterior storage of materials, equipment or vehicles other than employee, visitor and resident parking, visible from any property line. Any home occupation that requires exterior storage of materials, equipment, or vehicles must be reviewed by the Planning Board prior to the issuance of an occupancy permit.

(d)

In no way shall the appearance of the residential structure be altered or the occupation within the residences be conducted in a manner which would cause the premises to differ from the residential character by the use of colors, materials, construction, lighting, show windows or advertising visible outside the premises to attract customers or clients, other than those signs permitted by § 30-8 in this chapter.

(e)

No articles shall be sold or offered for sale at the premises except such as may be produced on the premises.

(f)

Servicing by commercial vehicles for supplies and materials shall not be permitted.

(g)

The home occupation shall be carried on only by inhabitants of dwelling and not more than two additional employees.

(h)

The floor area devoted to a home occupation shall not be more than 25% of the ground floor area of the principal residential structure, or 400 square feet, whichever is less.

(i)

The use shall not include the following: animal hospital; barber shop and beauty parlor; commercial stable and kennel; funeral parlor and undertaking establishment; tourist home; restaurant; rooming, boarding, and lodging house; and medical and dental office, clinic, and hospital.

(j)

Parking. No more than two additional off-street parking spaces shall be provided in addition to those required for normal residential use. Such parking shall be provided on the lot of the residence.

(k)

Family day care as defined herein is permitted as a home occupation provided:

(1)

Said use is located within single-family detached, semi-detached or attached dwellings only.

(2)

Said use is exempt from Subsection (h) above provided that an indoor play area of at least 50 square feet per child shall be provided and said area shall not include bedroom areas and a maximum of 25% of said requirement may be provided in an eat-in kitchen.

(3)

After providing for the indoor play area, the remaining portion of the dwelling shall contain a minimum of 800 square feet that is solely devoted to residential use.

(4)

A minimum outdoor play area of at least 100 square feet per child shall be provided in the rear yard of the subject lot and said play area shall be enclosed with a forty-eight-inch high fence when located within 25 feet of a street.

(5)

In addition to the required off-street parking for the residential use, one off-street parking space shall be provided for each nonresident employee and the lot shall have adequate street frontage or additional temporary off-street parking to provide for the drop-off and pickup of children without adversely affecting adjoining properties.

(l)

Accessory home offices shall be permitted provided:

(1)

The area devoted to the permitted professional use shall be located within either the practitioner's dwelling or a building accessory thereto.

(2)

The floor area devoted to such professional use shall be equivalent to not more than 25% of the floor area covered by the practitioner's dwelling.

(3)

Not more than three employees, assistants, or associates, in addition to the resident practitioner, shall be employed on the premises.

(4)

No external alterations shall be made which involve construction features not customary to dwellings.

(5)

No signs shall be permitted, except as provided for in § 30-8 herein.

(6)

Parking. No more than two off-street parking spaces in addition to spaces otherwise required. Any use that requires off-street parking must be reviewed by the Planning Board prior to the issuance of an occupancy permit.

H-2 Residential Accessory Structure(s). Such use shall include a residential accessory structure(s) or use(s) including the following, in accordance with the following provisions:

(a)

Parking spaces for the parking of passenger automobiles; parking of commercial vehicles not exceeding one ton loading capacity within a completely enclosed building;

(b)

Structures such as fences and walls with a maximum height of seven feet;

(c)

All buildings such as storage sheds, bathhouses, private greenhouses and detached residential garages are permitted providing they meet the following requirements:

(1)

All structures with a floor area of less than 100 square feet shall be no closer than 12 feet to any side or rear property line in the WM, CM, AP-1, AP-2, CR, and VR, and RM Districts.

(2)

All structures with a floor area of 100 square feet or more shall meet the setback requirement of the applicable district.

(3)

Private residential sheds for the storage of objects owned by the residents of the property which shall not exceed 14 feet in height and altogether shall not exceed 300 square feet in floor area.

(4)

Private detached garages for the storage of motor vehicles which are regularly operated by the occupants of the principal building in accordance with the definition of "private garage" contained herein. Said buildings shall be limited in total capacity to three vehicles or 864 square feet whichever is less and shall not exceed 16 feet in height.

(d)

Decks.

(1)

Decks, raised terraces or ground level terraces in all zoning districts other than AP District shall be permitted provided:

(i)

The area of the deck or raised terrace should be no greater than the living area of the first floor of the primary building to which it is connected.

(ii)

The ground level terrace shall not extend closer than five feet to the side property line; raised terraces and decks shall comply with the setback requirements for accessory structures.

(iii)

The location of the well and septic system shall be depicted on sketch plans for the deck, raised terrace or ground level terrace.

(2)

In the AP District decks or raised terraces shall be permitted to encroach into the required rear yard area, but not permitted to encroach into the side yard area, provided:

(i)

The parcel is developed as a "village house" in the AP District.

(ii)

The village house development has an average lot area of 6,500 square feet.

(iii)

The rear of the parcel abuts a conservation easement.

(iv)

The deck or raised terrace shall extend no greater than 12 feet from the rear of the house.

(v)

The deck or raised terrace shall extend no closer than 12 feet to the side or rear property line.

(vi)

The deck or raised terrace shall not exceed a maximum of 300 square feet in area.

(vii)

Plan submissions for deck or raised terrace shall depict the location of well and septic system in relation to the deck or raised terrace.

(e)

ECHO housing unit shall be permitted in accordance with the following provisions:

(1)

Dimensional Standards and Building Standards:

(i)

Minimum lot area shall be 1.5 acres unless a greater lot area is required by the applicable district.

(ii)

Maximum square footage of the unit shall be 750 square feet.

(iii)

The unit shall be placed within the rear yard and not within the area of the front and side yards. The Planning Board may grant a waiver if it can be shown that the placement of the unit will not impact upon adjacent properties.

(iv)

The unit shall be positioned on the lot in such a way as to minimize its visibility from other nearby and abutting lots. Additional buffering may be required by the Planning Board to meet this criterion.

(v)

The unit shall be located only upon a lot with a single family detached dwelling.

(vi)

Only one unit shall be permitted per lot, and it shall contain a bathroom, kitchen, living and sleeping facilities. There shall not be more than two bedrooms.

(vii)

The ECHO unit shall be self-contained, barrier free, energy efficient, and capable of being moved to another site. The applicant shall be responsible for preparing the site for installation of the ECHO unit. It shall be located on masonry block or wooden piers with adequate tie downs not on a concrete slab and shall comply with the definition of "dwelling".

(2)

Health Department Requirements:

(i)

Proof of approval by the County Board of Health of well and septic systems must be submitted to the Township authorities. A 1,000 gallon holding tank may be permitted in lieu of septic system hook-up if permitted by DEP. The applicant shall ensure timely pumping of the holding tank. A separate septic system shall not be created for the unit. Either a holding tank or hook-up to existing septic shall be the permitted systems.

(3)

Occupancy Standards:

(i)

If the unit is to be occupied by one person who is a relative by blood, marriage or adoption of the owner-occupant of the primary residence on the site, an additional occupant can be a professional "care giver" to the ECHO unit resident. Such "care giver" must vacate the ECHO unit within 90 days of the ECHO unit occupant related to the owner-occupant of the primary residence vacating the ECHO unit.

(ii)

The ECHO unit shall be removed from the premises upon the death or permanent change of address of the original occupants. This removal shall take place within 90 days of the earlier events. To facilitate this requirement, the unit shall either be part of an ECHO housing unit program sponsored by the Township or other governmental unit or agency or non-profit program; or the municipal agency shall be satisfied that adequate provisions (such as bonding to ensure the removal of the unit) have been made guaranteeing the removal of the ECHO unit at the end of the term of the subject occupancy.

(iii)

Within 150 days of the earlier events, the lot shall be restored by the owner-occupant of the premises, to the status prior to the installation of the unit; or bonds will be posted with the Township to ensure the restoration.

(iv)

Such a unit shall be subject to review by the Planning Board prior to issuance of the initial permit.

(v)

The owner-occupant of the primary dwelling shall obtain an annual permit from the Zoning Officer. This permit shall certify the continuing compliance by the permittee with the conditions of the original permit issuance and any renewals shall be served in accordance with the provisions of N.J.S.A. 40:55D-12.

(f)

Accessory apartment for domestic servants or caretaker employed on the premises and for occasional gratuitous guests shall be permitted in accordance with the following provisions:

(1)

Dimensional Standards and Building Standards:

(i)

The minimum lot for this accessory use shall be 10 acres.

(ii)

The maximum square footage of the apartment shall be 750 square feet.

(iii)

Only one apartment shall be placed per lot.

(iv)

The apartment may be attached or detached to the principal structure; however the setbacks shall be the same as the setbacks for the principal structure.

(v)

The apartment may be combined with a garage or an existing barn or outbuilding.

(vi)

The maximum building height for any new structure shall be 16 feet.

(1)	Health Department Requirements:
(i)	Proof of approval by the County Board of Health of well and septic system must be submitted to the Township authorities.

(2)

Occupancy Standards:

(i)

The owner-occupant of the primary dwelling shall obtain an annual permit from the Zoning Officer. This permit would certify the continuing compliance by the permittee with the conditions of the original permit issuance.

(g)

(1)

Chickens, as permitted under § 30-5.5d shall be kept in a roofed shelter or coop which shall provide a minimum of two square feet per adult bird, and shall also include a chicken run that provides a minimum of four square feet per adult bird.

(2)

Chicken coops and runs shall be located in the rear yard of the property and within the required building envelope for the principal building. Moreover, the entirety of any chicken coop and run shall be placed closer to the dwelling on the lot in question than to the dwelling(s) on any adjoining lot(s). In no case shall any chicken coop or run be located within 25 feet of any dwelling on an adjoining lot.

(3)

All chickens shall be kept in the chicken shelter or coop or attached fenced run at all times.

(4)

The fence surrounding the chicken run shall be securely constructed with a wire or mesh type of material and shall have protective overhead netting sufficient to keep the chickens separated from other animals.

(5)

The fenced chicken run shall be well drained so that there is no accumulation of moisture. The floors and walls of the chicken shelter or coop shall be kept in a clean and sanitary condition, with all droppings collected at least weekly. Droppings shall be kept in a covered durable nonporous container until composted, applied as fertilizer or transported off premises.

(6)

All chicken feed shall be kept in a secure covered metal container.

H-3 Boarding. Boarding shall include the keeping of not more than two roomers, boarders, or lodgers as an accessory use within the principal structure for a B-1 use and shall be permitted, provided:

(a)

The use of an existing building for boarding shall be permitted subject to the following regulations:

(1)

Application shall be filed with the Township Zoning Officer.

(2)

The application shall consist of a written request and the following information:

(i)

Four photographs of the house, one showing each side of the building;

(ii)

Sketch plan of the lot showing width and depth of the lot, size and location of all structures, including any accessory buildings such as garages and storage sheds;

(iii)

A statement indicating the number of proposed dwelling units and occupancy capacity, the room size of each, type of unit, the total building floor area per occupant and open yard space per occupant; and

(iv)

Sketch plan of each floor in which dwelling units will be located showing the dimensions of each dwelling.

(b)

Any dwelling converted shall be occupied in part by the owner or his agent;

(c)

No additional rooms shall be constructed for this purpose;

(d)

No separate cooking facilities or dwellings shall be created;

(e)

Parking. No less than one off-street parking space shall be provided for each roomer. All parking shall be screened in accordance with § 30-7.2, herein.

H-4 Accessory Building. Such use shall include an accessory building or structure, or uses customarily incidental to uses permitted in the I, OR, VC, PC, and Q Districts, except outside storage, provided:

(a)

Parking. Shall conform to the requirements of the most closely related use in § 30-5 of this chapter.

H-5 Temporary Structures and Vehicles. Such use shall include a temporary structure, vehicle, or use. A temporary permit may be issued for structures or uses necessary during construction or other special circumstances of a nonrecurring nature, subject to the following additional provisions:

(a)

The time period of the initial permit shall be six months. This permit may be renewed for three-month time periods, subject to the limitations specified in § 30-7.2;

(b)

Temporary nonconforming structures or uses shall be subject to authorization by the Zoning Officer or governing body;

(c)

Such structure or use shall be removed completely within 30 days of the expiration of the permit without cost to the municipality;

(d)

Campers, recreational vehicles, and boats shall be stored on the premises by the occupant of the premises only and then only behind the front line of the house;

(e)

Tractor-trailers shall not be permitted to be parked in residential districts.

H-6 Swimming Pool. A swimming pool shall be permitted as an accessory to a residential use, provided:

(a)

Swimming Pools, In General:

(1)

No person, owner or occupant of land shall install or maintain a swimming pool or other artificial body of water capable of being filled to a depth exceeding 18 inches at the deepest or lowest point unless a permit is first obtained from the local enforcement officer and the required plans and information are filed, together with required permit fees. Ornamental pools and wading pools which do not exceed 18 inches in depth are exempt from these provisions.

(2)

With respect to permanent swimming pools, the building area restrictions as set forth for the pertinent zoning districts in this chapter shall apply and in addition thereto, each such pool or water area shall be located not less than 15 feet back from the front building setback line and not closer than 10 feet to property lines.

(3)

Building permits are required prior to the construction, alteration, remodeling, or additions to a swimming pool or other artificial water areas not specifically exempt from this chapter.

(4)

No person, owner, or occupant of land shall install or maintain a nonexempt wading pool as defined in this chapter unless a permit is obtained from the local enforcement officer and written approval obtained upon inspection and subject to the discretion of the inspecting officer, except as hereinafter provided.

(b)

Any pool or water area subject thereto shall be suitably designed, located and maintained so as not to become a nuisance or hazard either to adjoining property owners or the public generally. All detachable ladders shall be removed when the pool is not in use.

(c)

Outdoor lighting, if used, shall be installed in such a way as to be shielded and not to reflect toward or into the interior of adjacent residential properties.

(d)

All electrical work connected with the pool and all equipment incidental thereto shall comply with all underwriters' regulations and must be inspected and certified by an electrical underwriter's inspection agency prior to the issuance of a certificate of compliance. In no event may the pool be used prior to such approval.

(e)

If pools are connected to any water, sewer, or public utility line, there must be installed a separate valve controlling such line, both as to supply and drainage, and a permit must be obtained prior to installation from the agency furnishing such utility service. A minimum isolation distance of 25 feet shall be required between swimming and any sewage disposal system.

(f)

Approved filtration systems and circulators must be provided for all pools except such exempt or nonexempt wading pools as are emptied on a daily basis as hereinafter provided.

(g)

All pool installations shall conform to all applicable building codes.

(h)

In no case shall water in the pool or pool area be permitted to emit an offensive odor or create any unhealthful condition. Further, it shall be a violation of this section to cause or allow drainage onto adjoining land, public or private; provided, however, that the building officer may issue a permit for drainage into storm sewers at his discretion.

(i)

No pool shall be located under any electric power lines (including service lines), and the pool must be located at least 10 feet (measured horizontally) from such power lines.

(j)

No water shall be placed in the pool until a fence, as required by this section, has been completed.

(k)

Fencing of pools.

(1)

Permanent swimming pools above or below grade must be completely enclosed with a minimum four foot high chain-link, stockade, picket (not exceeding three inch spacing), solid wooden fence, building wall, or such other material as may be acceptable, at the discretion of the building inspector, to carry out the intent of this chapter.

(2)

Swimming pools equipped with surrounding elevated walkways that are at least four feet above the ground need not be fenced if the construction is such that it prevents access to the water by small children, and ladders or steps from the ground are removed or the pool is made inaccessible, when not attended.

H-7 Accessory Retail. Such use as catalog or party sales which is accessory to a primary residential use, provided:

(a)

The gross floor area of such use shall not exceed 300 square feet;

(b)

Such use shall be carried on wholly indoors;

(c)

Such use shall not include any other retail commercial characteristic which detracts materially from the character of the district or surrounding neighborhood; and

(d)

Parking. No less than one off-street parking space for every 150 square feet of gross floor area. All parking shall be screened in accordance with § 30-7.2, herein.

H-8 Dwelling in Combination with a Business. One apartment accessory to a primary commercial, office, or industrial use shall include an owner occupied apartment located to the rear of or over a business, provided:

(a)

The regulations governing residential conversion, use B-14, shall be met.

H-9 Recreational Vehicles. One recreational vehicle per dwelling shall be permitted, provided that the vehicle is stored behind the front setback line of the property and within all other setback lines as required by the district in which it is located.

10.

H-10 Accessory Use for Agricultural Purposes. Accessory uses for agricultural purposes provided that the minimum lot size of the primary use is five acres; and,

The setback requirements as specified in the AP District are followed.

11.

H-11 Accessory Apartments. Such use shall include the creation of a new accessory apartment unit either as part of an existing dwelling or as part of a newly constructed dwelling providing all of the following standards and criteria are met:

(a)

The principal use of the property is for an owner occupied single-family dwelling;

(b)

The yard requirements in which the use is located shall be met;

(c)

There shall be a maximum of one accessory apartment per residential lot;

(d)

The following minimum floor areas per unit shall be required:

	All Districts
Efficiency	450 Square feet
1 Bedroom	600 Square feet
2 Bedroom	800 Square feet

(e)

The accessory apartment shall not exceed 25% of the total residential floor area on the lot;

(f)

All accessory apartments shall comply with all applicable regulations of the State of New Jersey in addition to all local building codes and permit requirements of Union Township and Hunterdon County;

(g)

Documentation that the existing or proposed well and septic system can accommodate the additional unit demands shall be provided;

(h)

The accessory apartment unit shall be income restricted to low or moderate income tenants for a period of 10 years as required by the NJ Council on Affordable Housing. The method and administration insuring the income restriction shall be submitted by the applicant and shall be in a form acceptable to the Planning Board Attorney;

(i)

Accessory apartments that fulfill the standards and criteria contained herein, may qualify, at the discretion of the Planning Board, for an initial construction subsidy as authorized by COAH and the Township's Development Fee Ordinance;

(j)

Parking. One additional off-street parking space shall be provided for all accessory apartments. Parking areas shall be visibly buffered from the street and adjacent properties.

Editor's Note: the Table of Use Regulations is included as an attachment to this chapter.

§ 30-6 ENVIRONMENTAL PERFORMANCE STANDARDS.

§ 30-6.1 Compliance.

[Ord. No. 85-9, § 600]

All uses and activities established after the effective date of this chapter[1] Shall comply with the following standards.

[1]

Editor's Note: This chapter was established by Ordinance No. 85-9 which was adopted on December 11, 1985 and became effective pursuant to law.

§ 30-6.2 Natural Resource Mapping.

[Ord. No. 85-9, § 601]

All applicants for subdivisions, and site plan approvals, or building permits shall include maps delineating the natural and historic resources as defined within this chapter.

§ 30-6.3 Site Capability Calculations.

[Ord. No. 85-9, § 602; Ord. No. 90-2, § 5; Ord. No. 94-9, § 3; Ord. No. 98-12, § 5; Ord. No. 2002-01, § 2; Ord. No. 2004-10, § 6]

The purpose and intent of this subsection is to encourage the conservation of the valuable and environmentally sensitive natural features and resources within the Township, and to prevent the long-term degradation of the environment to the common benefit of the community in conformance with the purpose of the New Jersey Municipal Land Use Law (NJ-MLUL) Section C. 40:55D-2(j); and in furtherance of the Environmental Zoning Policies established in the Land Use Plan Element of the 1984 Comprehensive Master Plan, as amended, for the Township of Union, herein incorporated by reference.

The explicit purpose of the following sections is to promote sound development practices by limiting, restricting and prohibiting development from areas of a site, parcel, tract or lot that are not appropriately suited for said development activity; and by doing so, guiding to the greatest extent practicable, said activities in other areas within the same site, parcel, tract or lot, which are intrinsically suited for site disturbance and/or development activities. This section is specifically not intended to reduce or otherwise limit gross density as defined by the NJ-MLUL and this subsection. For districts which have multiple choices for residential development, such as single-family detached, single-family detached cluster, or performance subdivision, only the residential use with the greater open space ratio requirement, such as performance subdivision, will insure that the maximum allowable gross density for a lot within the district can be achieved. To insure that the maximum gross density can be achieved for the district, for the residential use with the greatest open space ratio, in no case shall the total open space calculated due to environmental restrictions, per this section, exceed the minimum open space ratio for such residential use.

Therefore, the following paragraphs and the process contained therein is an integral component, and fundamental basis for, the planning and design of all sites, parcels, tracts and lots within the Township of Union, and shall be complied with unless otherwise provided in the Relief Waiver section of this section.

Applicability. The following calculations shall be submitted with all informational sketch, preliminary, and tentative plans by the developer for all subdivisions, site plans, or building permits, unless otherwise provided. In addition, those conventional developments proposing one or more single-family detached units, use B-1, must comply with § 30-7.1c1.

Determination of Net Buildable Site Area. For determining the net buildable site area, the following form shall be used:

Calculation for Gross Site Area.

(a)

Determine the gross site area by actual property survey: __________ acres

(b)

Subtract the following:

(1)

Land within existing roads and their ultimate rights-of-way and overhead transmission rights-of-way. __________ acres

(2)

Land without development opportunities due to restrictions such as restrictive covenants and conservation easements. __________ acres

(c)

Equals gross site area.

Calculation for Resource Restrictions and Resource Protection Lands within the Gross Site Area.

(a)

In the event two or more resources overlap, only the resource with the highest open space ratio shall be used.

(b)

Table of Natural Resource Calculations.[1]

[1]

The Table of Natural Resource Calculations is included as an attachment to this chapter.

Calculation for Minimum Active Recreation Land.

(a)

Find total unrestricted land.

Take:	Gross Site Area	________ acres
Subtract:	Total Land with Resource Restrictions	________ acres
Equals:	Total Unrestricted Land	________ acres

(b)

Calculate total active recreation land.

Development Type and District	Total Factor x Unrestricted Land	=	Total Active Recreation Land
Single-family Cluster:
CR and VR Districts	0.03 x _____ ac.	=	________ac.
Performance
Subdivisions:
CP District	0.08 x _____ ac.	=	________ac.
VR, RM Districts	0.05 x _____ ac.	=	________ac.

(c)

Exemption and Options. Any development that contains only one or two dwelling units shall be exempt.

Calculation for Minimum Open Space, Net Buildable Site Area, and Maximum Permitted Dwelling Units. The determination of a site, tract, or parcel’s net buildable area is intended to be the fundamental component and key determinant in locating lots within a subdivision, and structures within a nonresidential lot. For all subdivisions and site plans, the total resource protection land or minimum required open space, as determined below, shall apply to the entire site and not on a lot by lot basis, provided that the total allowable net buildable portion of the site, as determined in § 30-6.3.b4(c) below, is not exceeded.

The following calculation shall apply for all residential subdivisions, except subdivisions for the purpose of Use B-1, Single-Family Detached Dwelling: for minimum required open space shall apply for all residential subdivisions, except conventional subdivisions for the purpose of Use B-1, Single-Family Detached Dwellings.

(a)

Find total open space.

__________ac.

Resource Protection Land

__________ac.

Recreation Land

__________ac.

Total Open Space

(b)

Find minimum required open space.

__________ac.

Gross Site Area

_____

Open Space Ratio

__________ac.

Minimum Required Open Space

(c)

Find net buildable site area.

__________ac.

Gross Site Area

—

__________ac.

Total Open Space Required or Minimum Required Open Space, whichever is greater.

__________ac.

Net Buildable Site Area

(d)

Determine the Maximum Permitted Dwelling Units. The total number of permitted units for all residential subdivisions except conventional subdivisions of the purpose of Use B-1, Single Family Detached Dwelling shall be the whole number product of the gross site area in acres and the maximum permitted gross density per residential use. Any fraction of a unit less than one shall not be counted as a permitted dwelling unit. For all single family cluster and performance subdivisions within the RM District the following table shall apply.

__________acres

Gross Site Area Permitted

__________DU/acre

Maximum Permitted Gross Density Per Residential Use

__________dwelling units

Total Number of Dwelling Units (Round up if figure is equal or greater than 0.5, round down if under 0.5)

Calculation for Maximum Impervious Surface Coverage for All Nonresidential Uses.

(a)

__________acres

Gross Site Area

__________

Maximum Impervious Surface Ratio

__________acres

Maximum Impervious Surface

§ 30-6.4 Natural Resource Restrictions.

[Ord. No. 85-9, § 603; Ord. No. 90-2, § 5; Ord. No. 94-9, § 3; Ord. No. 2002-01, § 2; Ord. No. 2004-10, §§ 1, 3, 7]

General.

The natural resource restrictions, herein, shall apply to all uses.

Site alterations, earth disturbance, grading, filling, tree removal or clearing of vegetation prior to final site plan or subdivision approval by the Planning Board, or prior to issuance of a zoning permit, building permit or tree removal permit where Planning Board review not required, shall be a violation of this chapter. However, this subsection shall not prohibit any land management practices that may be necessary solely for the ecological improvement of any watercourse, pond, lake, wetland or woodland, provided that said land management practices do not convert any resource protection land to another resource protection land with a lower resource protection ratio and all applicable permits have been obtained from the New Jersey Department of Environmental Protection.

All applications for subdivision, site plan, or building permit approval that include more than 5,000 square feet of land disturbance shall be subject to the following requirements unless specifically exempted by provision of this subsection.

(a)

All applications for site plan, subdivision or building permit approval of more than 5,000 square feet of land disturbance shall have an earth disturbance plan as part of the plan submission.

(b)

Contents of an earth disturbance plan.

(1)

A metes and bounds base map.

(2)

The location, type and extent of all natural and man made features and resources on the site, parcel or tract. This shall include the following: all structures, impervious surfaces, utilities easements and right-of-ways, floodplains, the flood hazard area regulated by the New Jersey Department of Environmental Protection, floodplain soils, lakes, ponds, watercourses, wetlands and transition areas regulated by the New Jersey Department of Environmental Protection, shorelines, 10% to 15% slopes, slopes greater than 15% to 20% and slopes greater than 20%, critical wildlife habitat, woodlands, the location, dbh and species of all trees greater than six inches dbh and specimen trees where the trunk of the tree or drip line is located in, or within 35 feet of an area of earth disturbance, and US Department of Agriculture soil series name and agricultural classification of the soils.

(3)

The areas and limits of all primary and ancillary clearing of vegetation, grading and earthwork.

(4)

The delineation by a conservation type of easement of the area outside the area of the earth disturbance envelope(s) of the site, parcel or tract. The total land area within the conservation easement(s) shall not be less than the total required open space as determined in § 30-6.3,b4 of this section or less resource protection lands than as required by § 30-6.3b2(b) except for those lands that are included in an approved New Jersey Department of Environmental Freshwater Wetlands Permit. Said conservation easement may include open space and resource protection lands either in public or private ownership as the case may be. Said conservation easement shall include a Township approved deed restriction that shall prohibit future development in perpetuity and run with the ownership of the land.

(5)

A general plan note clearly indicating that all earth disturbance is strictly limited to the areas within the earth disturbance envelope(s) of the site, parcel or tract, and that no disturbance is permitted within the conservation easement.

(6)

A summary table indicating the following: area (in acres) of each natural resource specified in § 30-6.3b2(b) of this section; the required resource protection ratio for each natural resource; the area (in acres) and percentage of each natural resource within the earth disturbance envelopes; the area (in acres) and percentage of each natural resource within the conservation easement(s). The table shall also indicate whether the proposed earth disturbances are in compliance with the applicable sections of this section.

(7)

A summary table detailing the number, species, dbh and basal area of all trees to be removed, and the required number of replacement trees.

(c)

The total earth disturbance of any site, parcel or tract shall not exceed the net buildable area of that site, parcel or tract as established by § 30-6.3b4(c) of this section.

In addition to the protection requirements of this section, areas with natural resource restrictions should, to the greatest extent possible, be left undisturbed and not occupied by structures, stormwater management facilities, driveways, septic systems or other improvements.

Requirements for All Uses.

Floodplain and Floodplain Soils. All such lands shall remain as open space. No structures, filling, piping, diverting, or stormwater detention basins shall be permitted in the floodplain, unless the use, activity or development occurring in the floodplain is in strict compliance with § 30-6.6 of this section and all other applicable codes, ordinances and laws.

Lakes, Ponds, Wetlands and Watercourses. These areas shall remain as open space. No development, filling, piping, or diverting shall be allowed unless specifically permitted by the State or Federal agency having jurisdiction over said activity.

Lake and Pond Shorelines. The shorelines of lakes and ponds shall, to a width of 50 feet from the shorelines as measured from the permanent pool elevation, of at least 70% open space.

Steep Slopes.

(a)

In areas of steep slopes, i.e., those above 10%, the following standards shall apply:

(1)

10% to 15%: no more than 35% of such areas shall be developed and/or regraded or stripped of vegetation.

(2)

15% to 20%: no more than 20% of such areas shall be developed and/or regraded or stripped of vegetation.

(3)

20% or more: no more than 10% of such areas shall be developed and/or regraded or stripped of vegetation.

(b)

Grading and Erosion Control. During the preparation for installation of and use of areas coming under this control, the developer shall meet the requirements specified in subparagraph 9 below and in § 30-24, Stormwater Management and § 30-25, Soil Erosion and Sediment Control.

(1)

No increased erosion will occur as a result of the planned development after the complete development of the lot;

(2)

No increased water run-off will occur which will materially and adversely affect any property other than the lot to be developed.

(c)

Application for building permits in areas of 15% slope or greater shall include a grading plan indicating the following information:

(1)

Site plan of property at a scale of one inch equals 50 feet indicating existing grades with contour lines at two foot intervals and proposed grades within the area of the proposed construction;

(2)

Landscaping plan indicating proposed paved areas, storm drainage facilities, retaining walls, and ground cover, as well as the locations of trees and ornamental shrubs;

(3)

Architectural plans, elevations, and sections of the structures and related improvements;

(4)

A statement prepared by a licensed architect, certified landscape architect, or professional engineer stating an explanation of the methods to be used in overcoming foundation and other structural problems created by slope conditions, in preserving the natural watershed, and in preventing soil erosion; and

(5)

A plan submitted under the seal of a licensed professional engineer showing and certifying the following:

[a]

All existing and proposed natural and artificial drainage courses and other features for the control of drainage, erosion and water;

[b]

The calculated volume of water runoff from the slopes and from the lot in question, as unimproved;

[c]

The calculated volume of water runoff from the slopes and from the lot in question, as improved;

[d]

The existence, location, and capacity of all natural and artificial drainage courses and facilities within 500 feet of the lot, which are or will be used to carry or contain the water runoff from the slope and the lot; and

[e]

The effect of any increased water runoff on all adjacent properties and any other property which will be materially affected by increased water runoff.

(d)

Exemptions: Lands qualifying under one or more of the following provisions may, at the discretion of the Planning Board, be exempt from the steep slope provisions of this section.

(1)

Areas of steep slopes that are less than 3,000 square feet in area.

(2)

Previously and substantially developed lots.

(3)

That portion of land directly affected by the location of a Master Plan Road or other community facility as determined necessary by the Planning Board. Only the minimum relief required to accomplish the municipal planning objective is subject to said exemption.

(4)

The requirements of this section do not apply on a lot by lot basis provided that the lot or lots in question have been the subject of a prior site plan or subdivision approval, and further provided, that all provisions of said site plan or subdivision approval are met.

Tree Removal — Development Applications, Subdivisions, Site Plans and/or Building Permit Applications.

(a)

Tree removal in connection with development applications, subdivisions, site plans, building permits and construction permits. The provisions of this paragraph shall apply to a landowner who wishes to remove an individual tree and/or trees in connection with any development application including any subdivision application, site plan application, building permit application and/or construction permit application; and, more specifically, the following regulation shall apply:

(1)

Definitions. The definitions set forth in Chapter 30, § 30-2 shall, for purposes of this paragraph, have the meaning given in Chapter 30, § 30-2.

(2)

Permit Required. No person or entity shall commence or allow the commencement of any the following activities unless they first obtain a tree removal permit in accordance with all of the provisions of this Subsection b5.

(i)

Clear cutting. A tree removal permit will not issue for this proposed activity unless an Approved Woodland Management Plan is obtained in connection with the tree removal application. Where a property owner has an existing Woodland Management Plan on record with the Township or State Forester prior to the effective date of this amendment to the paragraph,[1] that Woodland Management Plan shall remain valid provided same was prepared in accordance with N.J.A.C. 54:4-23.3 and outlines proposed management of woodlands, forests and/or trees on a particular property. For those properties without a Woodland Management Plan on file with the Township or State Forester as of the effective date of this amendment,[2] all applications shall require that a Woodland Management Plan be submitted with a tree removal permit application and a tree removal permit shall not issue without an Approved Woodland Management Plan having been issued in accordance with the provisions of this Subsection b5.

In addition, in all wooded areas the following associations shall be subject to additional restrictions when the area of each individual association is greater than 1/4 acre:

[a]

Floodplain/Palustrine Associations. No more than 5% of such areas shall be developed, graded, clear cut or cleared of vegetation. The maximum width of any clearing shall not exceed 1 1/2 times the height of the canopy. The minimum width of remaining stands shall not be less than three times the height of the canopy. The balance shall be deed restricted to remain as permanent open space and shall be protected during construction from root compaction by equipment and materials; and

[b]

Mesic Associations. No more than 10% of such areas shall be developed, graded, clear cut or cleared of vegetation. The maximum width of any clearing shall not exceed 1 1/2 times the height of the canopy. The minimum width of remaining stands shall not be less than three times the height of the canopy. The balance shall be deed restricted to remain as permanent open space and shall be protected during construction from root compaction by equipment and materials; and

[c]

Upland Associations. No more than 15% of such areas shall be developed, graded, clear cut or cleared of vegetation. The maximum width of any clearing shall not exceed 1 1/2 times the height of the canopy. The minimum width of remaining stands shall not be less than three times the height of the canopy. The balance shall be deed restricted to remain as permanent open space and shall be protected during construction from root compaction by equipment and materials.

[d]

Exemptions. On existing or proposed wooded lots the following exemption shall be permitted. Woodlands may be cleared from that portion of land directly affected by the location of a Master Plan Road as determined necessary by the Planning Board, however, only the minimum relief required to accomplish the municipal planning objective is subject to said exemption. Woodlands cleared pursuant to this exemption shall not be exempt from the tree replacement requirements of this Subsection b5.

[1]

Editor's Note: Ordinance No. 2004-10, codified herein was adopted December 1, 2004.

[2]

Editor's Note: Ordinance No. 2004-10, codified herein was adopted December 1, 2004.

(ii)

Removal of any living tree greater than 12 inches in diameter measured at a point 4.5 feet above the surface of the ground.

(iii)

Removal of any living Historic Tree, living Landmark Tree or living Specimen Tree.

(iv)

Removal of any tree within public property (i.e. municipal right-of-ways, preserved lands, conservation areas and other lands owned or controlled by the Township of Union); or

(v)

Removal of any tree within the applicable road right-of-way for of any public road. Under this paragraph, a tree removal permit shall not be issued by the Zoning Officer without the approval of the Planning Board following review of any such application with its Planner and the Union Township Environmental Commission.

(vi)

Removal of any trees that would result in the conversion of woodlands to another natural resource with a lower resource protection ratio. Unless otherwise exempted herein there shall be a presumption that such activity is prohibited absent a showing of exceptional circumstances warranting the issuance of a permit and then, only upon a showing through the use of wildlife suitability analysis and ecological models that the activity will not have any negative impact to the environment, the water quality, soil conditions, or the wildlife habitat. Under this paragraph, a tree removal permit shall not issue by the Zoning Officer unless, following review and recommendation of the Planning Board in consultation with the Environmental Commission, same is approved by the Planning Board.

(vii)

Removal of any tree within a conservation easement. Under this paragraph, a tree removal permit shall not issue by the Zoning Officer unless, approved by the Planning Board in consultation with the Environmental Commission.

(viii)

Removal of any tree within a buffer yard or landscape easement. Under this section, a tree removal permit shall not issue for this proposed activity unless approved by the Planning Board in consultation with the Environmental Commission.

(3)

Exemptions. Notwithstanding any of the aforementioned activities requiring a permit identified in § 30-6.4b5 above, and specifically excepted from § 30-6.4b5(b)(2) and the requirements imposed under § 30-6.4b5(b)(2), are the following activities which are hereby exempted (exempt activities):

(i)

The cutting and/or removal of any trees in accordance with an Approved Woodland Management Plan and/or Woodland Management Plan on file with the Township or State Forester prior to the effective date of this amendment.[3]

[3]

Editor's Note: Ordinance No. 2004-10, a portion of which is codified herein was adopted December 1, 2004.

(ii)

The cutting and/or removal of any trees located on lands owned by the Township of Union or any other local public entity or subdivision thereof including the Board of Education and to be removed by the Township of Union, the Board of Education or anyone acting on behalf of the Township of Union or Board of Education.

(iii)

The cutting and/or removal of any trees required to be cut in connection with the installation and/or maintenance of public utilities and/or public improvements such as government offices, public schools and other public buildings of benefit to the community.

(iv)

The cutting and/or removal of any trees located in commercial orchards or nurseries. This exemption shall not include tree removal within woodlands in connection with the establishment of new nurseries or new orchards.

(v)

The cutting and/or removal of any trees which are diseased and which must be removed for the protection of other healthy trees and/or for purposes of thinning trees for purposes of removing undesirable, competitive, diseased or damaged trees so as to cultivate and improve the development of remaining trees on the site or lot.

(vi)

The cutting and/or removal of any trees which are diseased or damaged and which pose a hazard to human health, safety and welfare of the residents, neighbors or general public or any existing structures including but not limited to the removal of trees which are diseased, dead, partially or completely fallen by acts of nature or which endanger public safety.

(vii)

The cutting and/or removal of any trees removed in accordance with a subdivision, site plan or building permit application approved by the Union Township Planning Board, Board of Adjustment and/or issued by the Zoning Officer which specifically designates the tree(s) to be removed and upon which the Planning Board and/or the Zoning Officer specifically authorized in issuing and/or approving the subdivision, site plan or building permit.

(viii)

The cutting and/or removal of any tree(s) in emergency situations, where the tree has been damaged by storm, and is an immediate threat to life or property.

(ix)

The cutting and/or removal of any trees on property assessed under the Farmland Assessment Act, N.J.S.A. 54:4-23.2, and upon which any agricultural use, as that term is defined in the Farmland Assessment Act, is performed that does not result in a change in land use category, including the erection of agricultural support buildings and other related structures built using accepted agricultural best management practices or as otherwise permitted under the Right to Farm Act.

(x)

The cutting, removal and/or clearing of trees to comply with requirements affecting navigable airspace, provided that the Federal Aviation Administration has determined that the trees are a hazard to aviation.

(xi)

The removal of trees by the State of New Jersey, or its subdivision, in connection with the management of lands owned by the State of New Jersey except for Historic Trees or those covered by Federal regulation.

(xii)

The trimming or maintenance of trees in a manner which is not harmful to the health of the tree.

(xiii)

Removal of trees for which the property owner provides evidence acceptable to the Zoning Official that the tree(s) was/were planted by the owner during the period of his or her ownership of the property, provided that the planting was not required by this section, any other municipal ordinance or site plan or subdivision approval issued by the Township of Union. A contract purchaser and/or option holder shall not be allowed to rely upon plantings by prior owner(s).

(xiv)

Removal of any tree within 100 feet of any existing residence, existing structure associated with an existing residence, an existing sewerage line provided the trees are located on the applicant's lot and provided the existing structure is to be renovated, restored or otherwise preserved as part of the development application, site plan, subdivision, building permit application and/or construction permit application;

(xv)

The cutting or removal of any tree(s) located on a tract of land up to five acres in size on which there is an existing single family residence and provided the existing structure is to be renovated, restored or otherwise preserved as part of the development application, site plan, subdivision, building permit application and/or construction permit application, and provided that the tree removal shall not exceed 20% of the standing trees on the lot, parcel or site (clear cutting).

(xvi)

A permit shall not be required to remove or cut trees under any of the aforementioned circumstances noted in the above delineated exemptions.

(4)

Replacement of Trees.

(i)

Replacement tree(s) shall be required to be planted under the following circumstances whenever a permit is required:

[a]

Replacement of 50% of the total basal area of the trees removed shall be required whenever more than 40% of the total basal area of trees that are 12 inches dbh and less than 24 inches dbh is removed, more than 30% of the total basal area of threes that are 24 inches dbh and less than 36 inches dbh, more than 20% of the total basal area of the trees between 36 inches dbh and 48 inches dbh is removed or more than 10% of the total basal area of trees greater than 48 inches dbh is removed from any woodland or any site, parcel, tract or property within the Township.

[b]

Replacement of 100% of the total basal area shall be required whenever any Landmark Trees, Historic Trees or Specimen Trees are removed or damaged or when any trees are removed or damaged within a conservation easement.

[c]

Replacement of 200% of the total basal area removed shall be required whenever any Landmark Trees, Historic Trees, Specimen Trees or any other trees are removed or damaged in violation of any section of this Subsection b5.

[d]

In addition to the replacement tree requirements specifically set forth above and/or for all other circumstances not set forth herein, the amount of basal area for replacement trees required shall be controlled as follows:

[1]

Whenever the applicant or landowner removes trees as part of a subdivision plan, site plan, building permit, construction permit or other zoning certificate, the applicant shall reforest the site, parcel or tract with replacement trees and shrubs in accordance with the requirements set forth in Subsection (4)(i)[a] above.

[e]

All replacement trees shall comply with the provisions of § 30-6.4b5(a)(5)(i) [a] — [f] and shall be planted in accordance with accepted nursery practice.

[f]

Trees required to be planted under the tree replacement procedures shall be in addition to any trees, such as street trees or trees within buffers, required by this or any other applicable subsection.

[g]

The replacement trees, when required, shall be planted in the same location as the tree removed (i.e., in place tree replacement). Where in place tree replacement is not feasible or desirable, an alternative tree replacement proposal may be recommended to the Planning Board by the Environmental Commission and approved by the Planning Board in accordance with the following schedule of preference:

[1]

Planting replacement trees in the location where the tree(s) were removed; or

[2]

Planting replacement trees within the property containing the removed tree(s); or

[3]

Planting replacement trees elsewhere in the Township within a conservation easement, but as near as possible to the property from which the tree(s) was/were removed; or

[4]

Planting trees elsewhere within the Township and within 50 feet of a watercourse or roadway; or

[5]

Planting replacement trees elsewhere in the Township where placement will create public benefit.

[h]

All tree replacements shall be monitored in accordance with the provisions of the Municipal Land Use Regulations for the approval sought by the applicant or landowner.

[i]

The Planning Board, following consultation with the Environmental Commission, may modify or waive entirely the replacement planting requirements either in number, species, basal area or replacement size upon application and demonstrated good cause or hardship. Upon application to the Planning Board, the Planning Board shall exercise its judgment, in its consideration of granting an exception from the requirements for replacement of trees.

(ii)

Replacement trees and shrubs shall meet the following specifications:

[a]

All replacement trees and shrubs shall be of nursery grade quality, free of disease or defect, adaptable to the characteristics of the site where they are to be planted.

[b]

All replacement trees and shrubs shall be either balled and burlapped or container grown.

[c]

Deciduous trees shall be a minimum of six feet in height and not less than 2.5 inches in caliper.

[d]

Coniferous trees shall not be less than eight feet in height and two inches dbh.

[e]

Flowering trees shall not be less than four feet in height and not less than 2 1/2 inches in caliper.

[f]

No more than 10% of replacement trees and shrubs planted shall consist of species that are not native and indigenous to Hunterdon County.

(5)

Application for Tree Removal Permit. Any person desiring to cut down or remove any living tree(s) governed by the regulations set forth in Subsection b5(a)(2), shall first apply to the Zoning Officer for a tree removal permit authorizing the same. On a tree removal application to be supplied by the Zoning Official, the applicant shall identify the applicant's name and address, the address for the land upon which the tree or trees are located, the number, size, species and total basal area of the trees proposed to be removed, and a tree replacement proposal. The applicant shall submit all fees, including the tree removal application fee and three copies of all requisite documents reasonably necessary to process the subject application (i.e. survey depicting structures, right-of-way, easement, plot map, data on tree size, condition, species, etc.).

(6)

Tree Removal Application Fee. A fee of $10 shall accompany the application to defray Township expenses and shall not be refundable. The fee shall be submitted to the Zoning Officer in the form of a check made payable to the Township of Union.

(7)

Tree Removal Application Review. The Zoning Officer shall promptly provide copies of the tree removal application to the Planning Board and Environmental Commission, for their review, and/or recommendation where required pursuant to the provisions set forth herein or hereinafter set forth.

The Zoning Official, where authorized, shall grant approval upon a determination that the proposed work and proposed method and workmanship are in accordance with this Subsection b5. In the event that the Zoning Officer fails to take action on such application within 10 days after such application is filed, the applicant shall have an immediate right of appeal to the Planning Board as set forth herein. Any permit granted shall expire after the passage of 12 months from the date of its issuance. All work shall be completed during this twelve-month time period and in the manner described in the application. Any permit shall be deemed withdrawn if the terms of the permit or the ordinance are not complied with. An applicant shall submit the permit as part of any development application, subdivisions, site plans or building permit applications filed and/or to be filed.

In rendering judgment on tree removal applications submitted for consideration, it is the intent of the Township and of this Subsection b5 to retain healthy trees in the Township and to preserve, whenever possible, all of the dbh of those trees designated for protection and preservation. The following factors should be taken into consideration in rendering judgment:

(i)

Whether the tree or trees are located upon a proposed building site, driveway, recreation area, roadway drainage right-of-way, sewer or septic systems, or whether the trees are within 100 feet of any of the foregoing.

(ii)

Whether the tree or trees appear upon inspection to be diseased or so situated as to be substantially lacking vigor.

(iii)

Whether the tree or trees are so located that necessary grade changes will render protection unreasonably difficult or expensive.

(iv)

Whether the trees constitute significant screening between existing or proposed buildings on contiguous lots.

(v)

Whether removal of the tree or trees will constitute a horticultural advantageous thinning of an existing overgrown area.

(vi)

Whether removal of the tree or trees will significantly and adversely affect drainage conditions, soil fertility or soil stability.

(vii)

Whether other practical exigencies may exist which would unduly cause hardship or difficulty to the applicant if the tree or trees were retained as weighed against the value of such retention.

(viii)

Considerations that may result in the tree removal permit being disallowed include the following circumstances:

[a]

Soil erosion, soil retention, water retention or run off problems will result;

[b]

Historic, Landmark or Specimen Trees are located on site and cannot be adequately protected or replaced;

[c]

The community's interest, as expressed herein, in the judgment of the Zoning Official and/or the Planning Board, will be significantly degraded by the proposed removal activities.

The Zoning Official and the Planning Board and/or the Board of Adjustment, where required under the provisions of this act or in the case of review by the Planning Board or Board of Adjustment, shall endorse any decision upon the application, and, in case of complete denial, shall set forth the basis for such decision, which shall thereupon be transmitted to the applicant.

The Zoning Official shall be authorized to withdraw or rescind any permit issued for tree removal activities in the event of any act of noncompliance with the provisions of this Subsection b5 or regulations adopted hereunder.

(8)

Appeal Procedure. Any applicant aggrieved by a decision of the Zoning Officer may appeal therefrom by letter to the Board of Adjustment. The Board of Adjustment shall render their decision not later than 30 days following receipt of such letter. Any person appealing the decision of the Zoning Officer shall give at least 20 days' notice of the hearing to the owners of all lands within 200 feet of the affected lot or parcel and the Zoning Officer. Any interested parties may appear in person or by attorney. Any person aggrieved by a decision of the Board of Adjustment may appeal therefrom by letter to the Township Committee. The Township Committee shall render its decision not later than 60 days following receipt of such letter.

(9)

Issuance of Construction Permit. Whenever a construction permit is requested for a subdivision, site plan or structure which will require the removal of trees as herein protected, the Zoning Officer shall decline to issue local clearance for the Construction Official to issue any such construction permit until a tree removal permit, where required, is applied for and issued. The Construction Official shall not issue a construction permit or certificate of occupancy for any building on any site, parcel or tract for which there is an outstanding complaint pursuant to this Subsection b5.

(10)

Violations; Penalties.

(i)

The Zoning Officer or other person designated by the Township Committee may institute complaints in the Municipal Court for any violations of this Subsection b5. However, it shall be the policy of the Township of Union to, where possible, first seek voluntary compliance with the provisions of this subsection by giving notice and an opportunity to comply in appropriate circumstances. In the event of a violation or, if notice has been given, continued noncompliance resulting in a violation, the Zoning Official may institute a complaint in the municipal court for any violation of this Subsection b5 or the regulations adopted herein. It shall be an offense to engage in or to do an act prohibited by this paragraph or to omit or fail to perform an act required by this Subsection b5.

(ii)

Upon issuance of a violation, the Zoning Official shall immediately notify the Township Committee and the Planning Board.

(iii)

Any property owner violating any provision of this section may, upon conviction thereof, be punishable by fine not less than $50 and not exceeding $500.

(iv)

In addition to any fine that may be imposed upon conviction of a violation of this ordinance, the Court may order replacement trees as required under this Subsection b5 as restitution for the harm caused.

(v)

In addition, the Court shall impose Court costs as incurred in processing and/or administering any violation issued under this Subsection b5.

(vi)

Each of the terms and conditions of any approval or permit relating to tree removal activity are material elements of the development approval based upon the submission of the application in its entirety, and noncompliance with any term or condition by the applicant or its successors or assigns shall be deemed to be a material default subjecting the applicant to revocation of either or both the approval and/or permit, in the discretion of the Planning Board. The request to change any single condition, since all are integrally related, shall open the development application and/or tree removal permit application, in the discretion of the Planning Board, for reconsideration, possible reapproval and new terms and conditions in addition to those terms and conditions contained in the original approval.

(vii)

The municipality, in the event of a violation of this Subsection b5 or any deviation from permitted removal activity (i.e. removal of trees other than those designated for removal by permit or resolution issued by the Planning Board), reserves the right to revoke or withdraw any approval granted for any subdivision, site plan, building permit or construction permit upon notice to the applicant and public hearing unless prior written approval has been obtained from the municipality for the removal activity in question. Minor deviations and field changes may be approved by the Zoning Officer, but only after consultation with the Planning Board Chairman and only if the deviation does not change the intent of the original approval with respect to tree removal to be permitted. If it is determined that the changes proposed are not minor, the matter must be referred to the full Board, and no changes may be affected without Board approval.

(viii)

Upon notification by the municipality or its agent of the existence of a violation, any removal activity shall cease and any violation shall be immediately resolved with the municipality through the Zoning Officer. If the removal activity is not stopped or the violation cannot be resolved immediately, the municipality, through its Zoning Officer, may issue a "Stop Work Order" until the violation is resolved. If the municipality, through its Zoning Officer, issues a "Stop Work Order" the landowner may, in connection with the development application and in the discretion of the Planning Board, be required to submit a new preliminary and final plan for review and approval by the Planning Board before resuming work.

(Reserved)

Agricultural Soils. In the AP District, in areas of prime agricultural soils as listed in the Soil Survey of Hunterdon County, New Jersey (1974), the following standards shall apply:

(a)

Class I Soils: no more than 10% of these areas shall be developed.

(b)

Class II Soils: no more than 15% of these areas shall be developed.

(c)

Class III Soils: no more than 20% of these areas shall be developed.

Stormwater. All developments shall limit the rate and volume of stormwater runoff and shall incorporate measures to protect the quality of surface and subsurface waters. The post development rate of runoff shall not be greater than the greater rate of runoff in its predevelopment condition. The difference between the pre-development volume of stormwater runoff and post development stormwater runoff shall be retained or recharged to groundwater onsite to the maximum extent practicable. No additional volume of stormwater runoff shall be discharged to a watercourse that is eroding or unstable. Post development stormwater runoff shall not degrade the quality of groundwater or surface water. The provisions for runoff calculations outlined in § 30-24 of this chapter shall be followed.

Soil Erosion and Sedimentation. All developments shall protect streams, lakes, and ponds from sedimentation damage and shall control erosion in accordance with the New Jersey statutes, except that in addition, all developments shall submit a soil erosion and sedimentation control plan as required by § 30-25, Soil Erosion and Sedimentation Control, of this chapter.

10.

Critical Wildlife Habitat. All such lands shall remain as open space. No structures, filling, excavation or clearing of vegetation shall be permitted in critical wildlife habitats. No new discharges of stormwater or wastewater to critical wildlife habitats shall be permitted unless the New Jersey Department of Environmental Protection, Division of Fish and Wildlife, Endangered and Non-game Species Program indicates in writing that such a discharge would have no significant adverse impact on any species of concern.

§ 30-6.5 Environmental Restrictions.

[Ord. No. 85-9, § 604; Ord. No. 84-6, § 5]

Requirements for All Uses.

No use shall be permitted which is noxious or offensive in the immediate surrounding areas by reason of odor, dust, smoke, gas, vibration, illumination, or noise, or which constitutes a public hazard whether by fire, explosion, or otherwise. In determining whether a proposed use is noxious, hazardous, or offensive, the following standards shall apply. The proposed operation shall not:

(a)

Constitute any nuisance whatsoever beyond the boundary of a site on which the use is located by a reason of dissemination of noxious, toxic, or corrosive fumes, smoke, odor or dust. All fixed equipment shall be operated by electric power, gas, or other smokeless fuel.

(b)

Result in noise or vibration exceeding the average intensity of noise or vibration occurring from other causes at the boundary line.

(c)

Endanger surrounding areas by reason of fire or explosion.

(d)

Produce objectionable heat, glare, or radiation beyond the property line.

(e)

Result in major electrical disturbance in nearby residences, or adversely affect the operation of equipment other than on the property on which the disturbance is located, when such equipment can be shown to be of good design and in proper functional condition.

(f)

Discharge any untreated sewage or industrial waste into any stream, or otherwise contribute to the pollution of surface or underground waters in accordance with the statutes of the State of New Jersey.

(g)

Create any other objectionable condition in an adjoining area which will endanger public health or safety or be detrimental to the proper use of the surrounding areas.

When required by the municipality, an applicant for a proposed use shall demonstrate as a condition of approval that adequate provisions will be made to reduce and minimize any objectionable elements to the degree necessary to insure that the proposed use will not be noxious, hazardous, or offensive as defined above. If required, the applicant shall submit supplemental information, plans, and impartial expert judgements, and the municipality may require the expert advice of official agencies or private consultants and such reasonable tests as are deemed necessary, the costs of which shall be borne by the applicant.

Any subdivision of land or land development proposed in which the lots are to be less than 1.5 acres in size shall be served by a common waste water disposal system or by sewers approved by the N.J.D.E.P., which shall meet the requirements of the approving agency having jurisdiction and shall be owned, maintained and managed by the developer, a homeowners association or by a private agency licensed to construct or maintain said system.

Requirements for Commercial and Industrial Uses.

General. All activities shall be operated in such a manner as to comply with applicable performance standards as hereinafter set forth governing noise, smoke, particular matter, toxic or noxious matter, odors, fire and explosive hazards, vibration, glare, or heat for the district in which such use shall be located; and no use, already established on the effective date of this chapter[1] shall be so altered or modified as to conflict with or further conflict with such applicable performance standards for the district in which such use is located.

[1]

Editor's Note: This chapter was established by Ordinance No. 85-9 which was adopted on December 11, 1985 and became effective pursuant to law.

Noise.

(a)

All activities shall be operated in such a manner as to comply with all current applicable regulations of the New Jersey Department of Environmental Resources.

(b)

The following sources of noise are exempt.

(1)

Transportation vehicles not under the control of the industrial use.

(2)

Occasionally used safety signals, warning devices, and emergency pressure relief valves.

(3)

Temporary construction activity between 7:00 a.m. and 7:00 p.m.

Vibration. All activities shall be conducted in such a manner as to comply with the current applicable standards for vibration of the New Jersey Department of Environmental Protection.

Air Pollution.

(a)

All activities shall be conducted in such a manner as to comply with the current applicable standards for air quality of the New Jersey Department of Environmental Protection.

(b)

No use shall cause, allow, permit, kindle, ignite, or maintain any bonfire, junk fire, or any other open fire, salvage operations fire, or any other open fire on or in any public street, road, or public ground, or upon any private property within the limits of the site.

Toxic or Noxious Matter.

(a)

Waterborne. All activities shall be conducted in such a manner as to comply with all current applicable standards for waterborne matter of the New Jersey Department of Environmental Protection.

(b)

Airborne. All activities shall be conducted in such a manner as to comply with all current applicable standards for air quality of the New Jersey Department of Environmental Protection.

Odors. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond the lot boundary line within which the industrial operation is situated. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, in order that control will be maintained if the primary safeguard system should fail.

All activities shall be conducted in such a manner as to comply with all current applicable standards for odors of the New Jersey Department of Environmental Protection.

Fire and Explosion Hazards.

(a)

The storage, utilization, or manufacture of materials or products ranging from incombustible to moderate burning, as determined for liquids by a closed cup flash point of not less than 187° F. is permitted subject to compliance with all other performance standards for the district.

(b)

The storage, utilization, or manufacture of materials or products ranging from free or active burning to intense burning, as determined for liquids by a closed cup flash point of less than 187° F. but no less than 120° F. is permitted, subject to compliance with all other performance standards for the district, and provided the following conditions are met:

(1)

The materials or products shall be stored, utilized, or produced within completely enclosed buildings or structures having incombustible exterior walls.

(2)

All such buildings or structures shall be set back at least 75 feet from side or rear lot lines and 150 feet from the front lot line, and shall be protected throughout by an automatic sprinkler system complying with installation standards prescribed by the National Fire Protection Association or Factory Insurance Association; or, if the materials, goods, or products are liquids, the protection thereof shall be in conformity with standards prescribed by the National Fire Association or Factory Insurance Association.

(c)

The utilization in manufacturing process of materials which produce flammable or explosive vapors or gases, as determined for liquids by a closed cup flash point of less than 120° F. shall be prohibited without special permit from the Township Engineer. Issuance of such permit shall be guided by, but not limited to, the following criteria:

(1)

The final manufactured product shall not itself have a closed cup flash point of less than 187° F.

(2)

The use of such material shall be in conformity with the standards prescribed by the National Fire Protection Association and the requirements of other ordinances of the municipality.

Storage. The storage of more than 10,000 gallons of materials or products having a closed cup flash point less than 120° F., including storage of finished products in the original sealed container, is prohibited. Bulk storage of more than 500 gallons must be in underground facilities designed to meet the standards prescribed by the National Fire Protection Association and the requirements of the other ordinances of the municipality.

Heat and Glare.

(a)

Heat. No use shall carry on an operation that would produce an increase in ambient air temperature of more than 2° F. at the property line of the lot on which the use is situated.

(b)

Glare. No use shall carry on an operation that would produce glare as defined below from unshielded bulbs or any production operation, such as welding, beyond the property line of the lot on which the use is situated. Glare shall be defined as direct or indirect light from such activities of greater than 0.5 foot-candle at habitable levels.

10.

Water Quality and Withdrawal.

(a)

All activities shall be conducted in such a manner as to comply with all current applicable standards for water quality of the New Jersey Department of Environmental Protection.

(b)

Emergency Procedures. Where materials stored on site could, if accidentally released, impair water quality, emergency procedures shall be specified to prevent such spillage from entering ground or surface waters as a part of the permit application.

§ 30-6.6 Floodplain District.

[Ord. No. 85-9, § 605]

Purpose. The purpose of these provisions is to prevent the loss of property and life, the creation of health and safety hazards, and the disruption of commercial and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:

Regulating uses, activities, and developments which, acting alone or in combination with other existing or future uses, activities and developments, will cause increases in flood heights, velocities, and frequencies;

Restricting or prohibiting certain uses, activities, and developments from locating within areas subject to flooding;

Requiring all those uses, activities, and developments that do occur in flood prone areas to be protected and/or floodproofed against flooding and flood damage;

Protecting individuals from buying lands and structures which are unsuitable for intended purposes because of flood hazards.

Applicability. These provisions shall apply to all lands within the jurisdiction of the municipality shown as being located within the boundaries of the designated flood hazard area identified by the Federal Insurance Administration in a scientific and engineering report entitled, "The Flood Insurance Study for the Township of Union, Hunterdon County, New Jersey," dated October, 1981, with accompanying Flood Insurance Rate Maps and Flood Boundary Floodway Maps which is hereby adopted by reference and declared to be a part of this chapter.

Compliance. No structure or land shall hereafter be used and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this chapter and any other applicable ordinances and regulations which apply to structures and uses within the jurisdiction of this chapter, including the Technical Manual for Stream Encroachment (1984) prepared by the New Jersey Department of Environmental Protection.

Warning and Disclaimer of Liability. The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside the floodplain district, or that land uses permitted within such district will be free from flooding or flood damages. This chapter shall not create liability on the part of the municipality or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

Establishment of the Floodplain Zoning District.

Description of Districts.

(a)

Basis of District: The Floodplain District shall include areas subject to inundation by water of the 100-year flood. The basis for the delineation of this district shall be the flood hazard area identified by the Federal Insurance Administration in a scientific and engineering report entitled. "The Flood Insurance Study for the Township of Union, Hunterdon County, New Jersey," dated October, 1981, with accompanying Flood Insurance Rate Maps and Flood Boundary Floodway Maps which is hereby adopted by reference and declared to be a part of this chapter. For the purposes of this chapter, the following nomenclature is used in referring to the various kinds of floodplain areas:

(1)

The FW (Floodway Area) is delineated for purposes of this chapter using the criteria that a certain area within the floodplain must be capable of carrying the waters of the 100-year flood without increasing the water surface elevation of that flood more than 0.2 foot at any point. The areas included in this area are specifically defined in the above mentioned flood hazard report.

(2)

The FF (Flood Fringe Area) shall be that area of the 100-year floodplain not included in the floodway. The basis for the outermost boundary of this district shall be the 100-year flood elevations.

(3)

The FA (Approximated Flood Plain) shall be that area of the 100-year floodplain for which no detailed flood profiles or elevations are provided in the above referenced study. In determining the 100-year flood elevations, the applicant for a proposed development shall utilize appropriate hydrologic and hydraulic engineering techniques as discussed in (b) below.

(b)

In areas of the municipality where no detailed flood profiles or elevations have been provided by the Department of Environmental Protection, the Floodplain District shall be generalized to include the approximated floodplain (FA) and land areas which contain soil characteristics clearly indicative of flooding conditions, hereinafter referred to as "floodplain soils". In these designated areas, the floodplain soils shall be subject to the Floodplain District regulations contained herein. The floodplain soils shall include any one or combination of the following soil classifications, as defined in the Soil Survey of Hunterdon County, New Jersey, prepared by the U.S. Soil Conservation Service:

Name

Alluvial Land

Bowmansville Series

Pope Loam

Raritan

Rowland Silt Loam

Where the specific 100-year flood elevation has not been detailed in the Flood Hazard Study, the floodplain soils shall govern unless the applicant for the proposed use, development and/or activity determines this elevation in accordance with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analysis shall be undertaken at the expense of the applicant by professional engineers or others of demonstrated qualifications, who shall certify that the methods used correctly reflect currently accepted technical concepts. Soil mapping may be verified by the applicant by on-site testing. Studies, analysis, computation, etc. shall be submitted in sufficient detail to allow a thorough technical review by the Township Engineer.

(c)

Overlay Concept.

(1)

The Floodplain District described above shall be an overlay to the existing underlying districts, and the provisions for the Floodplain District shall serve as a supplement to the underlying district provisions.

(2)

Where there happens to be any conflict between the provisions or requirements of the Floodplain District and those of any underlying district, the more restrictive provisions shall apply.

(3)

In the event any provision concerning the Floodplain District is declared in-applicable as a result of any legislative or administrative actions or judicial decisions, the basic underlying district provisions shall remain applicable.

District Boundary Changes. The delineation of the Floodplain District may be revised by the municipality where natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by the U.S. Army Corps of Engineers, a River Basin Commission, or other qualified agency or individual. However, prior to any such change, approval must be obtained from the Federal Insurance Administration.

Interpretation of District Boundaries. Initial interpretations of the boundaries of the Floodplain District shall be made by the Zoning Officer. Should a dispute arise concerning the boundaries of the district, the Zoning Board of Adjustment shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the Zoning Board of Adjustment and to submit his own technical evidence if he so desires, in accordance with § 30-11.6.

Floodplain District Provisions.

General Provisions.

(a)

All uses, activities, and developments occurring within the Floodplain District shall be undertaken only in strict compliance with the provisions of this chapter and with all other applicable codes and ordinances, such as the Township Building Code and the subdivisions and site plan ordinance. In addition, all such uses, activities, and the developments shall be undertaken only in compliance with Federal or State law, including Section 404 of the Federal Waste Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.

(b)

Under no circumstances shall any use, activity, and/or development lower the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system.

(c)

Prior to any proposed alteration or relocation of any stream, watercourse, etc., within the municipality, a permit shall be obtained from the New Jersey Department of Environmental Protection.

(d)

Further, notification of the proposal by the municipality shall be given to all affected adjacent municipalities. Copies of such notification shall be forwarded to the Federal Insurance Administration.

(e)

In the Floodplain District, no development shall be permitted except where any rise in flood heights caused by the proposed development will be fully offset by accompanying improvements which have been approved by all appropriate local, State and Federal authorities as required above.

(f)

Regulation of Particular Obstructions. The following list of obstructions and activities present special hazards in floodplains:

(1)

Hospitals - public or private,

(2)

Nursing homes - public or private,

(3)

Jails; and

(4)

Mobile homes, whether on an individual lot or in an existing or proposed mobile home park.

No construction, enlargement, or expansion of any prime obstructions, or commencement of any prime activities listed above shall be undertaken in any 100-year floodplain.

(g)

All new or replacement public sanitary sewer facilities shall be designed to minimize or eliminate infiltration of flood waters into systems and discharges from the systems into the flood waters. In addition, they should be located and constructed to minimize or eliminate flood damage and impact.

All new or replacement water facilities shall be designed to minimize or eliminate infiltration of flood waters into the system, and be located and constructed to minimize the chance of impairment during a flood.

All utilities such as gas lines, electrical, and telephone systems being placed in the floodplain should be located, elevated (where possible), and constructed to minimize the chance of impairment during a flood. Adequate drainage shall be provided to reduce exposure to flood hazards.

(h)

Structure Anchoring. Any structure placed in the floodplain shall be anchored firmly to prevent flotation, collapse, or lateral movement. The Zoning Officer shall require the applicant to submit the written opinion of a licensed engineer that the proposed structural design meets these criterion.

(i)

Private Sewage Treatment and/or Disposal System. No part of any private sewage treatment and/or disposal system related to the treatment and renovation of sewage effluent shall be constructed within the floodplain.

(j)

Storage of Materials. No materials that can float, that are explosive, or that are toxic to humans, animals, or vegetation shall be stored in the floodplain. Any new or substantially improved structure which will be used for the production or storage of any of the following dangerous materials or substances or which will be used for any activity requiring the maintenance of a supply (more than 550 gallons or other comparable volume or any amount of radioactive substances) of any of the dangerous materials or substances, including but not limited to the following, on the premises, shall not be permitted in the floodplain:

Acetone.

Ammonia.

Benzene.

Calcium carbide.

Carbon disulfide.

Celluloid.

Chlorine.

Hydrochloric acid.

Hydrocyanic acid.

Magnesium.

Nitric acid and oxides of nitrogen.

(12)

Petroleum products (gasoline, fuel oil, etc.).

Phosphorus.

Potassium.

Sodium.

Sulphur and sulphur products.

(17)

Pesticides (including insecticides, fungicides and rodenticides).

(18)

Radioactive substances, insofar as such substances are not otherwise regulated.

Permitted Uses. In the Floodplain District the following uses and activities are permitted, provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance and provided that they do not require structure, fill, or storage of materials and equipment.

(a)

Agricultural uses, such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting.

(b)

Public and private recreational uses and activities, such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking and horseback riding trails, wildlife and natural preserves, game farms, fish hatcheries, and hunting and fishing areas;

(c)

Accessory residential uses, such as yard areas, gardens, play areas, and previous parking areas;

(d)

Accessory commercial uses, such as yard areas and previous parking and loading areas.

Expansion of Existing Buildings or Structures. When permitted as a variance by the Board of Adjustment, any building or structure, with the exception of those listed in Subsection h, 1(f), located within the floodplain at the time of enactment of this chapter may be altered or extended, provided that:

(a)

The alteration or extension conforms with all applicable regulations of this chapter.

(b)

The alteration does not constitute a substantial improvement 50% or more of the structure's market value.

(c)

Any increase in volume or area shall not exceed an aggregate of more than 25% of such volume or area during the life of the structure.

(d)

No alterations to individual or community sewage system, either wholly or partially in the floodplain, shall be permitted without the written approval of the Hunterdon County Board of Health or other appropriate State or County officials.

Variances; Additional Factors To Be Considered. In passing upon applications for variances, the Zoning Board of Adjustment shall consider all relevant factors and procedures specified in other sections of the zoning ordinance and the following:

The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, activity, or development that will cause any increase in flood levels in the Floodplain District as delineated in the Flood Hazard Study referenced in Subsection e, 1(a).

The danger that materials may be swept on to other lands or downstream to the injury of others.

The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.

The susceptability of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.

The importance of services provided by the proposed facility to the community.

The requirements of the facility for a waterfront location.

The availability of alternative locations not subject to flooding for the proposed use.

The compatibility of the proposed use with existing development anticipated in the foreseeable future.

The relationship of the proposed use to the comprehensive master plan and floodplain management program for the area.

10.

The safety of access to the property by ordinary and emergency vehicles in times of flood.

11.

The expected heights, velocity, duration, rate of rise, and sediment transport of the flood water at the site.

12.

The Zoning Board of Adjustment may refer any application and accompanying documentation pertaining to any request for a variance to any qualified engineer, person, or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for protection and other related matters.

13.

Variances shall only be used after the Zoning Board of Adjustment has determined that the granting of such will not result in:

(a)

Increase in flood heights;

(b)

Additional threats to public safety;

(c)

Extraordinary public expense;

(d)

Creation of nuisances;

(e)

Fraud or victimization of the public;

(f)

Conflict with local laws or ordinances; or

(g)

Modification greater than the minimum necessary to obtain relief.

14.

Whenever variance is granted, the municipality shall notify the applicant in writing that:

(a)

The granting of the variance may result in increased premium rates for flood insurance;

(b)

Such variance may increase the risks to life and property.

Elevation and Floodproofing Requirements. In any case where development is allowed within the 100-year floodplain, the following conditions shall be met:

Residential Structures. Within the Floodplain District area, the lowest floor, including the basement of any new or substantially improved residential structure, shall be at least 1 1/2 feet above the 100-year flood elevation. The structure shall be anchored to prevent collapse, flotation, and lateral movement.

Nonresidential Structures. Within the Floodplain District, the lowest floor, including any basement or storage area, shall be at least 1 1/2 feet above the 100-year flood elevation or be designed and constructed so that the space enclosed by such structure shall remain completely dry during any flood up to that height. As approved by the Zoning Board of Adjustment, the space may be designed and constructed so that the space enclosed by such structure shall remain essentially dry during any flood up to said height. In addition, the structure shall be anchored to prevent collapse, flotation, and lateral movement.

Plans for all proposed buildings, structures, and other improvements, drawn at suitable scale showing the following:

(a)

The proposed lowest floor elevation for any proposed building based upon National Geodetic Vertical Datum of 1929;

(b)

The elevation of the 100-year flood;

(c)

If available, information concerning flood depths, pressures, velocities, impact and uplift forces, and other factors associated with the 100-year flood; and

(d)

Detailed information concerning any proposed floodproofing measures.

The following data and documentation shall accompany the plans:

(a)

A document, certified by a licensed engineer or architect, which states that the proposed construction or development has been adequately designed to withstand the 100-year flood elevations, pressures, velocities, impact and uplift forces associated with the 100-year flood. Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure and/or development.

Administration. A zoning permit shall be required for all construction and development which includes, but is not limited to, paving, filling, grading, excavation, mining, dredging, or drilling operations, etc.

§ 30-6.7 Source Separated Recyclable Materials in New Developments.

[Ord. No. 95-8, § 2]

All new developments with 50 or more single-family dwellings, 25 or more multi-family dwellings or any commercial or industrial use which occupies in excess of 1,000 square feet of land area that requires subdivision or site plan approval shall provide an on-site indoor or outdoor recycling area for the collection and storage of recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number, and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling bins or containers shall be determined in consultation with the municipal Recycling Coordinator and shall be consistent with the district recycling plan adopted pursuant to section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13) and any applicable requirements of the municipal master plan adopted pursuant to Section 26 of P.L. 1987, c.102.

The recycling area shall be conveniently located for the residential disposition of source separated recyclable materials, preferably near, but clearly separated from a refuse dumpster.

The recycling area shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area and the bins or containers placed therein against the theft of recyclable materials, bins or containers.

The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling area, shall be equipped with a lid, or otherwise covered, so as to keep the paper and/or cardboard dry.

Signs, not exceeding four square feet in area, clearly identifying the recycling area, and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.

All recycling areas not enclosed within a structure shall be fully and completely screened from view with a solid fence, wall or landscaped buffer of sufficient size and density as to completely screen the subject area in a manner compatible with the architectural style of the remainder of the property.

All residents of the subject development shall utilize said recycling facility and shall source separate from their waste flow all of the materials as identified by the district recycling plan and specified by the Recycling Coordinator.

The Township Recycling Coordinator shall monitor said recycling facilities for compliance with this section and shall notify the Township Zoning Officer regarding any apparent violation thereof.

Required enforcement action shall be taken by the Zoning Officer against the owner of the development and/or the individual tenant the subject of the alleged violation in accordance with the Fines and Penalties Section of the Land Use Code.

§ 30-6.8 Aquifer Test and Analysis.

[Ord. No. 99-14, § 12; Ord. No. 2003-20, §§ I, II]

Intent. It is the intent of the requirements of this subsection that an Aquifer Test and Analysis as set forth in § 30-6.8e1 be provided as part of a preliminary plat application of a major subdivision which subdivision is to be served by on-site wells. It is the intent that an Aquifer Test and Analysis as set forth in § 30-6.8e2 be conducted as part of a submission of a minor site plan. It is the intent that an Aquifer Test and Analysis as set forth in § 30-6.8e3 be conducted as part of a submission of a preliminary site plan when the development proposed by such site plan is to be served by one or more onsite wells.

Applicability. The deepening or replacement of a well that has the primary purpose of providing drinking water to a residence is exempt from the requirements of this subsection. However, the installation of a second well with the primary purpose of irrigation, filling of swimming pools, or any other purpose other than to serving as the sole source of drinking water for a residence must satisfy the requirements of § 30-6.8d and e1A well installed for irrigation, filling of swimming pools, or any purpose other than providing the sole source of drinking water is considered to serve a nonresidential use.

Waiver. If an applicant can show that given the expected average daily demand and distance to other nearby wells, the subdivision will not induce drawdown in any existing or future wells adjacent to the subdivision boundaries or in existing or future wells within the subdivision, then the applicant can request a waiver from the Planning Board for all or some of the requirements of this subsection.

Aquifer Test and Analysis. The testing procedures for a major subdivision shall be based on a hydrogeologic analysis and an aquifer test. The hydrogeologic analysis shall include the review of available information and design of the aquifer test. The data collection shall be designed and evaluated by a qualified hydrogeologist. A geological and hydrogeologic report containing appropriate maps, well logs, pump test data and monitoring well data and complying with the requirements of § 30-6.8e herein shall be prepared and submitted. Prior to conducting any aquifer test, a preliminary hydrogeologic evaluation and the design of the aquifer test(s) shall be submitted for review by the Township.

The aquifer test shall consist of at least one pumping test conducted at a sufficient rate and duration to be able to determine aquifer characteristics such as transmissivity and storage coefficient. As part of the aquifer test, observation wells are to be monitored to determine and evaluate the cone of depression, confirm aquifer parameters, and predict the effect of long term pumping on existing and future wells.

Aquifer Test and Analysis Required.

Aquifer Test and Analysis for Major Subdivisions.

(a)

The rate and duration of the aquifer test will depend upon the size of the proposed subdivision and expected average and peak daily demands for all wells. The aquifer test shall be conducted at a location most representative of site geologic conditions. For residential subdivisions, biasing of testing toward areas of increased fracture density may result in the Township requiring additional testing in areas of lower fracture density to ensure that adequate yield is available throughout the proposed subdivision.

If the proposed site is underlain by two or more geologic zones (Precambrian Metamorphic & Igneous Zone, Cambrian-Ordovician Limestone/Dolomite Zone, or Jurassic-Triassic Conglomerate Zone as defined in the "Evaluation of Groundwater Resources of Union Township, Hunterdon County, New Jersey"), then an aquifer test will be required for each zone. The test requirements for each zone will depend on the number of lots and size of units per zone.

In the event that the preliminary hydrogeologic evaluation indicates that a surface-water and/or groundwater divide separates the subdivision, an aquifer test will be required for each side of the divide.

The average daily, peak day, and average yearly water demand for the subdivision must be determined according to the guidelines in N.J.A.C. 7:10-12.7. The peak day demand is twice the average daily demand.

To ensure that the pumping test adequately stresses the aquifer, the length of the pumping test will be equal to the greater of the following: 1) the volume of water removed from the aquifer is equal to the number of dwelling units multiplied by the peak day demand (e.g. 10 dwelling units times a peak day demand of 450 gallons equals 4,500 gallons); or b) four hours. At a minimum, the pumping rate for the test should be equivalent to 120% of the expected long-term rate (e.g. if the expected rate for a dwelling is five gallons per minute, then the minimum rate for the test is six gallons per minute).

For nonresidential use, demand should be determined based on N.J.A.C. 7:10-12.6. If the demand exceeds 100,000 gallons per day, a New Jersey Water Allocation Permit must be obtained from the New Jersey Department of Environmental Protection. For demands less than 100,000 gallons per day, the length of the pumping test will equal the greater of the following: a) the volume of water removed from the aquifer is equal to the peak demand; or b) four hours. The peak demand should be assumed to equal twice the average daily demand. At a minimum, the pumping rate for the test should equal 120% of the expected long-term rate.

For mixed developments containing both residential and nonresidential properties, the residential portion will be tested as described above for residential developments. Each proposed well for the commercial portions will be tested as described in § 30-6.8e3(a) for nonresidential use. In addition, wells installed for the residential portion should be used as observation wells for the nonresidential testing and wells installed for nonresidential use should be used as observation wells for the residential testing.

The number of observation wells required per aquifer test will depend on the number of dwelling units and/or commercial units for the subdivision. New and existing monitoring wells may be located such that they can be used as future water-supply wells but they shall be located in such a manner that will yield the most accurate information concerning the aquifer. Observation wells should be located parallel and perpendicular to strike of the primary fractures intersected by the tested well.

All wells must be located in accordance with the minimum distances required by N.J.A.C. 7:10-12.12. For nonresidential developments with an expected average daily demand less than 2,000 gallons per day, one observation well is required. This well should be within 500 feet of the pumping well. For all other nonresidential developments, two or more observation wells are required. At a minimum, one of these observation wells must be within 200 feet of the pumping well. A second observation well must be within 200 feet and 500 feet of the pumping well. These two wells should be located along strike of the major water-bearing fractures intersected by the well. If additional observation wells are necessary, these wells should be located parallel to secondary and tertiary fracture sets.

Major subdivisions of five lots or less to be used for single-family dwelling purposes shall conduct a pumping test on each well as outlined in § 30-6.8e2. All the wells in a major subdivision of five lots or less shall be installed and used as observation wells as each individual well test is conducted. For major subdivisions of six or more lots to be used for single-family homes, the recommended number of observation wells shall be as shown in Table 1.

Table 1: Number of Observation Wells Required for Residential Subdivisions
No. of Proposed Lots	No. of Observation Wells
5 or less	1 adjacent well
6 to 25	(minimum of 2 new wells within proposed subdivision)
25 to 49	(minimum of 4 new wells within proposed subdivision)
50 or more	Test proposal submitted to Board and NJDEP for review and approval

The observation wells and test well must have a geologic log describing the depth and types of soils and rocks encountered and the depth and approximate yields of water-bearing fracture zones. The observation wells should be completed to a similar depth as the test well. At least one of the observation wells shall be within 200 feet of the test well and at least one observation well must be located along the preferential fracture direction between 200 feet and 500 feet of the pumping well. Additional observation wells should be located to evaluate potential secondary fractures and impacts to adjacent properties.

The design of the aquifer test shall be developed using the applicable guidance from "Guidelines for Preparing Hydrogeologic Reports for Water Allocation Permit Application with an Appendix on Aquifer - Test analysis Procedures" NJGS GSR 29, 1992. The aquifer test shall be conducted according to the following procedures:

(1)

Owners of existing wells on lots located within 500 feet of the subdivision boundary shall be given an opportunity to have their wells monitored during the aquifer test. Such opportunity shall be given by the applicant by notice via certified mail and shall give the time and place of the well pumping test. Furthermore, the notice shall indicate that such existing well may be monitored if agreed to by the well owner provided the well is readily accessible. Such notice shall indicate that the existing well owner must respond within seven days and the applicant's responsibility is to monitor up to three wells on properties within 500 feet of the subdivision boundaries. If the owner of the lot within 500 feet of the subdivision boundaries decides to participate by agreeing to have their existing well monitored, they shall notify the applicant by certified mail. Such response shall be provided within seven days of receipt of the certified notice from the applicant. If the applicant receives no response within the time provided, the response shall be deemed to be negative.

(2)

If the owner of a lot within 500 feet of the subdivision boundaries is to have his existing well monitored, such lot owner shall, if requested by the applicant, the applicant's hydrogeologist, and/or well driller, provide in writing a hold harmless agreement to applicant, the applicant's hydrogeologist, and/or well driller. All reasonable efforts shall be made to protect the potability of water from the monitored well.

(3)

In the case when more than three property owners within 500 feet of the subdivision boundaries decide to participate to have their existing wells monitored, only the three nearest the test well need be monitored.

(4)

Prior to conducting an aquifer test, the applicant shall submit the design of such aquifer test including the location of wells to be monitored on adjacent lots and qualifications of the persons and firm who will be performing the test for review by the Township. The applicant shall submit the application fees and escrow deposits in accord with § 30-11.5d, along with the proposed design of the aquifer test. The purpose of the escrow deposit is to cover the cost of Township review of the proposed aquifer test. Such review may include submission of such design to a qualified hydrogeologist representing the Township for review and recommendation.

(5)

The pumping test will be comprised of three phases. The first phase will involve the collection of background water levels prior to the start of the test. The second phase will involve the pumping of water from the well and the monitoring of water-level drawdown in the observation and pumping wells. The third phase will involve the recovery of water levels in the observation and pumping well after the pump has been shutdown. This third phase of the test should be the same length as the pumping phase.

(6)

If at all possible, the pumping test (all three phases) should not be conducted during precipitation events.

(7)

The background phase includes allowing the test well and observation wells to stabilize for a minimum of three days before the test. Water levels shall be collected from the test well and observation well 24 hours before the test. Barometer measurements and additional water-level measurements can be made by the applicant to evaluate the change in water levels resulting from barometric pressure changes.

(8)

On the day of the test, water levels shall be collected from all wells. For those wells showing a change of more than 0.1 foot, a second round of measurements shall be collected before starting the test. Additional rounds of measurements may be necessary to determine that the well is in equilibrium. However, if the applicant has barometric pressure and water-level data to indicate that the change in static levels is due to changes in barometric pressure, the applicant can submit these data in lieu of delaying the pumping test.

(9)

The pump and discharge pipe shall be equipped with a flow meter and the discharge shall be directed so that it leaves the site without infiltrating to the aquifer. Any and all permits required by the NJDEP for the discharge of water must be obtained prior to starting the test.

(10)

When the pump is started the flow rate shall be adjusted immediately to a uniform pumping rate as required for a constant rate test so that the flow rate varies less than 10% throughout the test. If the flow rate fluctuates more than 10%, the test may be deemed invalid and the applicant required to repeat the notification and testing process. At a minimum, the flow rate for the test should be equal to 120% of the flow rate required to satisfy the average daily demand.

(11)

Water-level measurements during the pumping phase of the test shall be collected in accordance with Table 2. This same schedule shall be followed for the recovery phase of testing upon shut down of the pump in the test well.

Table 2: Frequency of Water-Level Measurements in Wells During and After Aquifer Testing
Time Since Pumping Began or Stopped	Test Well	Observation Wells
0 to 5 minutes	0.5 minutes	0.5 minutes
5 to 10 minutes	1 minute	1 minute
10 to 30 minutes	2 minutes	2 minutes
30 to 60 minutes	5 minutes	5 minutes
60 to 120 minutes	10 minutes	10 minutes
2 to 8 hours	30 minutes	30 minutes
8 to 24 hours	60 minutes	60 minutes
24 or more hours	120 minutes	120 minutes

(12)

If the water levels in the observation wells and test well do not fully recover to static (pre-pumping) levels within a length of time since pumping stopped equal to the length of pumping, the test will be deemed to have failed unless adequate data can be provided to ensure the aquifer is of sufficient extent to prevent the mining of groundwater.

(13)

Groundwater samples should be collected during the pumping test from the pumping well. The samples should be collected in accordance with the NJDEP Field Procedures Manual. At a minimum, the samples should be analyzed by a NJDEP certified laboratory for pH (field determined), hardness, iron, manganese, nitrate, chloride, and coliform bacteria. If site conditions indicate potential historic uses of pollutants such as, heavy metals, pesticides, herbicides, volatile organic compounds, and/or semivolatile organic compounds, these analyses should be conducted. The results of the water sample analyses will be used to assess background water quality.

(14)

The Township may choose to have a person of its choosing monitor the aquifer test.

(b)

Adjacent properties. The observation wells shall be placed to determine whether the cone of depression from the pumping well will extend beyond the subdivision boundary in any direction. This shall be determined by actual measurements or from projecting the drawdown based on observation well data. If the wells are in use, they should be disconnected and allowed to stabilize before the pumping test begins. One water level measurement shall be collected from each well before the test. For any observation well which has been pumped within 24 hours preceding the test, two depth to water measurements at least one hour apart shall be collected.

(c)

Hydrogeologic report. A hydrogeologic report shall be provided with each major subdivision application. The report shall document the design and implementation of the aquifer test. The report shall include all water-level data collected during the three phases of testing, the calculations of aquifer characteristics such as transmissivity and storage coefficient, calculations of the cone of influence, potential impacts to adjacent well owners, and the long-term sustained yield for the wells. The report shall also evaluate and draw conclusions from the aquifer test based on data collected and evaluation of available information concerning geologic conditions. The report shall include a detailed hydrogeologic description of the aquifers encountered beneath the site and adjacent properties. An inventory of all wells within 1,000 feet of the proposed subdivision boundaries should be appended. Figures depicting site geology, topography, water-level elevations, and plans shall be included.

In addition, all water-quality sampling data including copies of the laboratory reports should be provided with the hydrogeologic report. Tables summarizing the analytical results should be included.

The hydrogeologic report shall be prepared and signed by a qualified hydrogeologist using applicable sections of GSR 29 as a guide. A qualified hydrogeologist shall be an individual who has received a minimum of a bachelor's degree in geology at an accredited institution or has completed an equivalent of 30 semester hours of geological education while obtaining a Bachelor's or Master's degree in a related field of engineering or science at an accredited institution. Such a person must also demonstrate five years of professional work experience in the practice of applying geologic principals to interpretation of groundwater conditions. The individual should provide a resume or curriculum vitae to document education and experience requirements.

The hydrogeologic report shall include the name and license number of the well driller and pump installer. The report should include the names of the persons and firm responsible for collecting the water-level measurements. In addition, the report should include copies of the completed NJDEP Well Record.

The Aquifer Test and Analysis shall be deemed to have failed if such test cannot demonstrate to the satisfaction of the Planning Board that sufficient groundwater supply exists to supply water via wells at a rate meeting at least the average daily demand for the proposed development. If the drawdown is measured or projected to be more than one foot at any existing adjacent property well or along the subdivision boundary, the applicant's hydrogeologist must evaluate the impact on adjacent properties based on the actual condition of wells in that zone.

If a drawdown of five feet or more is noted in any existing adjacent property well, or is projected at any property boundary then the proposed subdivision shall have failed the aquifer test. In the event of a failed aquifer test, because a drawdown of five feet or more is noted in any existing adjacent property well or is projected at any property boundary, either the applicant should decrease the number of lots to lessen demand or demonstrate to the satisfaction of the Planning Board that the impacts will not significantly reduce yields to existing and future wells.

Aquifer Test and Analysis for Individual Lots in a Major Subdivision of five or Fewer Lots and Minor Site Plans.

(a)

The procedure for testing wells for subdivisions of five or fewer lots shall consist of pumping each of the subdivision wells individually for two hours at a minimum of five gallons per minute (gpm). During the testing of a well, no other subdivision wells shall be operating. After pumping for two hours, the pump shall be shut down and the rate of recovery measured. For the well to pass the test, a recovery rate of one gpm must be achieved over the first 30 minutes following shut-off of the pump. In order to provide the necessary data to evaluate the pump test results, the following conditions shall be met:

(1)

The well shall remain undisturbed for three days following drilling to allow aquifer conditions to stabilize.

(2)

Water level measurements shall be collected from the well and accessible adjacent wells (within 500 feet) before starting the pumping test.

(3)

When the pump is turned on, the discharge rate shall be monitored and maintained at a minimum of five gpm. Although a water meter is preferable for measuring discharge, a five gallon bucket and a stopwatch may be employed.

(4)

Water levels in the pumping well and adjacent observation wells shall be collected according to the schedule in Table 2.[1]

[1]

Editor's Note: Table 2, referred to herein may be found following Subsection e1(a)(11) of this subsection.

(5)

Near the conclusion of the pumping portion of the test, groundwater samples should be collected from the discharge in accordance with the NJDEP Field Procedures Manual. At a minimum, the samples should be analyzed by a NJDEP certified laboratory for pH (field determined), hardness, iron, manganese, nitrate, chloride, and coliform bacteria. If site conditions indicate potential historic uses of pollutants such as, heavy metals, pesticides, herbicides, volatile organic compounds, and/or semivolatile organic compounds, these analyses should be conducted. The results of the water sample analyses will be used to assess background water quality.

(6)

Immediately after the pump is shut off, water-level recovery shall be measured in accordance with Table 2.[2] The recovery rate shall be determined from these water-level recovery measurements for the first 30 minutes after the pump is shut down. The measurements should indicate a flow into the well of at least one gpm over this interval.

[2]

Editor's Note: Table 2, referred to herein may be found following Subsection e1(a)(11) of this subsection.

(7)

In the event that the well shows little drawdown (less than two feet) during the two hours pumping portion of the test, pumping may continue in lieu of the recovery rate portion of the test. The minimum requirement for pumping after two hours is that a minimum rate of one gpm be maintained for an additional hour with no increase in drawdown. The recovery of the water level shall still be monitored after the shut-off of the pump.

(8)

A report summarizing the well construction and aquifer testing shall be submitted to the Planning Board. The report should include the water-level measurements and recovery rate calculations.

(9)

The report should include the well driller's and pump installer's name and license numbers. In addition, the names of the person and firm that measured the water level drawdown and recovery data, and calculated the recovery rate shall be provided. The report should include a copy of the completed NJDEP Well Record for all wells within the subdivision.

(10)

Based on the results of the testing and report, the Township may request additional analyses of the pumping test data to evaluate aquifer characteristics, the potential cone of influence, and potential impacts to other nearby groundwater users.

(11)

If after two hours of recovery, the water-levels in the observation wells and pumping well have not returned to the static (prepumping) levels, then the well or wells will have failed the test.

If the test well fails any part of the above test either by failing to maintain a pumping rate of five gpm for two hours, failing to recover at a rate of one gpm, or failing to recover to the static level within two hours after pumping stopped, the well shall be considered marginal and shall be deepened to intercept additional fractures and to add additional well storage. After well deepening, the entire test procedure shall be repeated. If the well fails again, the well will be classified as marginal.

If a well is classified as marginal the Township shall be notified to evaluate the conditions of nearby wells. If a well is deemed marginal, then as a condition of approval, the Township may choose to deed restrict the lot to prevent heavy water uses such as swimming pools or landscape irrigation systems.

(b)

Adjacent wells. Existing wells within 500 feet of the test well on adjacent lots shall be identified as observation wells for the test. The applicant shall notify the owners of adjacent lots which contain wells within 500 feet of the test well and such owners shall be given an opportunity to have their wells monitored following the same procedures set forth in § 30-6.8d through e1(a) of this chapter. In the case where more than three existing wells are located within 500 feet of the well to be tested, only the three nearest accessible wells need to be monitored. If the wells are in use, they should be disconnected and allowed to stabilize before the pumping test begins. One water level measurement shall be collected from each well before the test. For any observation well which has been pumped within the 24 hours preceding the test, two depth to water measurements at least one hour apart shall be collected.

If drawdown is measured or projected to be more than one foot at any existing adjacent property well or along the subdivision boundary, the applicant must notify the Township and evaluate the impact on adjacent properties based on the actual condition of wells, the static water level, and the depth of the pump in the existing well. The potential for adverse impacts needs to be evaluated by a hydrogeologist who will investigate the depth, yield, and pumping level of the affected well.

If a drawdown of five feet or more is noted in any existing adjacent property well, or is projected at any property boundary then the proposed subdivision shall have failed the aquifer test. In the event of a failed aquifer test, because a drawdown of five feet or more is noted in any existing adjacent property well or is projected at any property boundary, either the applicant should decrease the water-supply demand or demonstrate to the satisfaction of the Planning Board that the impacts will not significantly reduce yields to existing and future wells.

Aquifer Test and Analysis for Nonresidential Use Site Plan.

(a)

An aquifer pump test shall be conducted when a nonresidential use is intended to be served by on-site ground water supply. The pumping rate and total gallons pumped during the pumping test should demonstrate that the needed water is available without detrimental impact on the aquifer or nearby wells.

Demand shall be based on N.J.A.C. 7-10.12.6. If the demand exceeds 100,000 gallons per day, a New Jersey Water Allocation Permit must be obtained from the New Jersey Department of Environmental Protection. For demands less than 100,000 gallons per day, the length of the pumping test will equal the greater of the following: a) the volume of water removed from the aquifer is equal to the peak demand; or b) four hours. The peak demand should be assumed to equal twice the average daily demand. The average daily demand shall be calculated from the projected maximum monthly usage. At a minimum, the pumping rate for the test should be equivalent to 120% of the expected long-term rate.

For nonresidential developments with an expected average daily demand less than 2,000 gallons per day, one observation well is required. This well should be within 200 feet of the pumping well. For developments with expected daily demands from 2,000 to 9,999 gallons per day, two observation wells are required. One of these observation wells must be within 200 feet of the pumping well. A second observation well must be within 200 feet and 500 feet of the pumping well. These two wells should be located along strike of the major water-bearing fractures intersected by the well. If a well(s) on one or more adjacent properties are located within the distance limits above, and these wells can be disconnected for a period of 24 hours prior to and during the entire pumping and recovery phase, these wells can be used for observation in lieu of installing new observation wells.

For all other nonresidential developments, two or more observation wells are required. Two of these wells should be located along strike of the major water-bearing fractures intersected by the well. Additional observation wells should be located to evaluate potential secondary fractures and impacts to adjacent properties.

The number of observation wells should be in accordance with Table 3.

Table 3: Aquifer Test Requirements for Nonresidential Developments
Average Demand (gallons per day)	No. of Observation Wells
1,999 or less	1
2,000 to 9,999	2
10,000 to 99,999	5 (at least 2 on-site observation wells)
100,000 or more	Obtain NJDEP Water Allocation Permit

(1)

Owners of existing wells on lots located within 500 feet of the nonresidential development boundary shall be given an opportunity to have their wells monitored during the aquifer test. Such opportunity shall be given by the applicant by notice via certified mail and shall give the time and place of the well pumping test. Furthermore, the notice shall indicate that such existing well may be monitored if agreed to by the well owner provided the well is readily accessible. Such notice shall indicate that the existing well owner must respond within seven days and the applicant's responsibility is to monitor up to three wells on properties within 500 feet of the subdivision boundaries. If the owner of the lot within 500 feet of the subdivision boundaries decides to participate by agreeing to have their existing well monitored, they shall notify the applicant by certified mail. Such response shall be provided within seven days of receipt of the certified notice from the applicant. If the applicant receives no response within the time provided, the response shall be deemed to be negative.

(2)

If the owner of a lot within 500 feet of the development boundaries decides to have their existing well monitored, such lot owner shall, if requested by the applicant, the applicant's hydrogeologist, and/or well driller, provide in writing a hold harmless agreement to applicant, the applicant's hydrogeologist, and/or well driller. All reasonable efforts shall be made to protect the potability of water from the monitored well.

(3)

In the case when more than three property owners within 500 feet of the nonresidential development boundaries decide to participate to have their existing wells monitored, only the three nearest the test well need be monitored.

(4)

(5)

The pumping test will be comprised of three phases. The first phase will involve the collection of background water levels prior to the start of the test. The second phase will involve the pumping of water from the well and the monitoring of water-level drawdown in the observation and pumping wells. The third phase will involve the recovery of water levels in the observation and pumping well after the pump has been shut down. This third phase of the test should be the same length of the pumping phase.

(6)

If at all possible, the pumping test (all three phases) should not be conducted during precipitation events. In addition, if adjacent property wells are used instead of new observation wells, then the pumping test should not be started until the water levels in the adjacent property wells stabilize and an accurate static water level can be measured.

(7)

(8)

On the day of the test, water levels shall be collected from all wells. For those wells showing a change of more than 0.1 foot, a second round of measurements shall be collected before starting the test. However, if the applicant has barometric pressure and water-level data to indicate that the change in static levels is due to changes in barometric pressure, the applicant can submit these data in lieu of delaying the pumping test.

(9)

(10)

The flow rate shall be adjusted immediately upon starting the test to a uniform pumping rate as required for a constant rate test so that the flow rate varies less than 10% throughout the test. If the flow rate fluctuates more than 10%, the test may be deemed invalid and the applicant required to repeat the testing process. At a minimum, the flow rate for the test should be equal to 120% of the flow rate required to satisfy the average daily demand.

(11)

Water-level measurements during the pumping phase of the test shall be collected in accordance with Table 4. This same schedule shall be followed for the recovery phase of testing upon shut down of the pump in the test well.

Table 4: Frequency of Water-Level Measurements in Wells During and After Aquifer Testing
Time Since Pumping Began or Stopped	Test Well	Observation Wells
0 to 5 minutes	0.5 minutes	0.5 minutes
5 to 10 minutes	1 minute	1 minute
10 to 30 minutes	2 minutes	2 minutes
30 to 60 minutes	5 minutes	5 minutes
60 to 120 minutes	10 minutes	10 minutes
2 to 8 hours	30 minutes	30 minutes
8 to 24 hours	60 minutes	60 minutes
24 or more hours	120 minutes	120 minutes

(12)

If the water levels in the observation wells and test well do not fully recover to static (pre-pumping) levels within a length of time since pumping stopped equal to the length of pumping, the test will be deemed to have failed unless adequate data can be provided to ensure that the aquifer is of sufficient extent to prevent the mining of groundwater.

(13)

(14)

The Township may choose to have a person of its choosing monitor the aquifer test.

(b)

Adjacent properties. The observation wells shall be used to determine whether the cone of depression from the pumping well will extend beyond the nonresidential development boundary in any direction. This shall be determined by actual measurements or from projecting the drawdown based on observation well data. If the adjacent property wells are in use, they should be disconnected and allowed to stabilize before the pumping test begins. One water level measurement shall be collected from each well before the test. For any adjacent not designated as an observation well and which has been pumped within the 24 hours preceding the test, two depth to water measurements at least one hour apart shall be collected.

(c)

Hydrogeologic report. A hydrogeologic report shall be provided with each major subdivision application. The report shall document the design and implementation of the aquifer test. The report shall include all water-level data collected during the three phases of testing, the calculations of aquifer characteristics such as transmissivity and storage coefficient, calculations of the cone of influence, potential impacts to adjacent well owners, and the long-term sustained yield for the well or wells. The report shall also evaluate and draw conclusions from the aquifer test based on data collected and evaluation of available information concerning geologic conditions. The report shall include a detailed hydrogeologic description of the aquifers encountered beneath the site and adjacent properties. An inventory of all wells within 1,000 feet of the proposed subdivision boundaries should be appended. Figures depicting site geology, topography, water-level elevations, and plans shall be included.

In addition, all water-quality sampling data including copies of the laboratory reports should be provided with the hydrogeologic report. Tables summarizing the analytical results should be included.

The hydrogeologic report shall be prepared and signed by a qualified hydrogeologist using applicable sections of GSR 29 as a guide. A qualified hydrogeologist shall be an individual who has received a minimum of a Bachelor's degree in geology at an accredited institution or has completed an equivalent of 30 semester hours of geological education while obtaining a Bachelor's or Master's degree in a related field of engineering or science at an accredited institution. Such a person must also demonstrate five years of professional work experience in the practice of applying geologic principals to interpretation of groundwater conditions. The individual should provide a resume or curriculum vitae to document education and experience requirements.

The Aquifer Test and Analysis shall be deemed to have failed if such test cannot demonstrate to the satisfaction of the Planning Board that sufficient groundwater exists to supply water via wells at a rate meeting at least the average daily demand for the proposed development. If drawdown is measured or projected to be more than one foot at any existing adjacent property well or along the nonresidential development boundary, the applicant's hydrogeologist must evaluate the impact on adjacent properties based on the actual condition of wells in that zone.

If a drawdown of five feet or more is noted in any existing adjacent property well, or is projected at any property boundary then the proposed subdivision shall have failed the aquifer test. In the event of a failed aquifer test, because a drawdown of five feet or more is noted in any existing adjacent property well or is projected at any property boundary, either the applicant should decrease the average daily demand or demonstrate to the satisfaction of the Planning Board that the impacts will not significantly reduce yields to existing and future wells.

§ 30-6.9 Carbonate Area District.

[Ord. No. 2001-2, § 1; Ord. No. 2001-6, § 1; Ord. No. 2003-20, § III]

Purpose. Areas within the municipality are underlain by carbonate bedrock such as limestone and dolomite. The solution of this bedrock causes surface depressions, open drainage passages, and the development of irregular, subsurface rock topography known as karst. These conditions make such areas potentially unstable and susceptible to subsidence and surface collapse. As a result, the alteration of drainage patterns in these areas by the placement of impervious coverage, grade changes, or increased loads from site improvements can lead to land subsidence and sinkholes.

Fractures or solution openings and fissures in the limestone rock may lead to public or private water supplies, making those sources especially susceptible to groundwater contamination. Contamination of water sources can occur from solid and liquid wastes, contaminated surface water, septic tank effluent, or other hazardous substances moving through fractures or solution openings and fissures within the rock.

Carbonate aquifers are an important source of groundwater in the municipality. The Township of Union relies on a clean supply of subsurface water to foster and promote human health, welfare and economic and social development. Therefore, the purposes of enacting this chapter are to protect, preserve and enhance a sensitive and valuable potable groundwater resource area and to reduce the frequency of structural damage to public and private improvements by sinkhole collapse or subsidence in areas of carbonate rock geology, thus protecting the public health, safety and welfare and insuring orderly development within the municipality.

Definitions. For the purposes of this subsection, the following definitions shall apply:

AGRICULTURAL USE

Shall mean the production, keeping or maintenance of plants or animals for sale, lease or personal use.

APPROVAL AUTHORITY

Shall mean the local land use board constituted pursuant to N.J.S.A. 40:55D-1 et seq. which, for applications involving site plan or subdivision approval, is the Planning Board or Zoning Board of Adjustment.

BEDDING

Shall mean the arrangement of a sedimentary rock in layers of varying thickness and character.

BEDROCK

Shall mean a general term for the rock that underlies soil or other unconsolidated material.

CARBONATE AREA DISTRICT

Shall mean and is comprised of the Carbonate Rock District and the Carbonate Drainage Area.

CARBONATE DRAINAGE AREA

Shall mean watershed areas which directly drain into the Carbonate Rock District.

CARBONATE ROCK

Shall mean rock consisting chiefly of calcium and magnesium carbonates.

CARBONATE ROCK DISTRICT

Shall mean those land areas underlain by carbonate rock formations.

CAVE

Shall mean a natural opening of a size permitting human exploration and extending into a region of sharply reduced or no light.

CLOSED DEPRESSION

Shall mean a shallow, dish-shaped hollow on the land surface which, in areas of limestone geology, may be indicative of old sinkholes or incipient collapse.

COLLAPSE SINKHOLE

Shall mean a sinkhole caused by the collapse of the roof of a bedrock cavern.

DEVELOPMENT

For this section shall be defined as set forth in the MLUL.

DISAPPEARING STREAM

Shall mean a stream that enters the subsurface through a sinkhole or other entrance.

DISSOLUTION

Shall mean a space or cavity in or between rocks, formed by the solution of part of the rock material.

DOLING

See Sinkhole.

DOLOMITE

Shall mean a carbonate rock that contains more than 15% magnesium carbonate.

DRAINAGE

Shall mean the process by which water moves from an area by stream or overland sheet flow and/or the removal of excess surface water from soil by downward flow through the soil profile.

FAULT

Shall mean a surface or zone of rock fracture along which there has been noticeable differential movement.

FISSURE

Shall mean an extensive crack, break, or fracture in the rock.

GEOLOGIC INVESTIGATION PROGRAM

Shall mean a program, which identifies the geologic nature of the bedrock materials underlying the site and provides solutions directed at preserving the water quality and assuring the safety of any planned facility or improvement built over carbonate rocks.

JOINT

Shall mean a fracture in rock generally more or less vertical or transverse to bedding, along which no appreciable movement has occurred.

KARST

Shall mean a type of topography that is formed over limestone or dolomite by dissolving or solution of the carbonate rocks, characterized by sinkholes, closed depressions, caves, solution channels, internal drainage, and irregular bedrock surfaces.

LIMESTONE

Shall mean a carbonate sedimentary rock consisting primarily of calcium carbonate. Limestone is commonly used as a general term for that class of rocks, which consists of at least 80% calcium or magnesium carbonate. In this subsection the term "limestone" shall be used generically to refer to carbonate rocks, limestone formations and Precambrian marble.

LINEATION

Shall mean any straight line or alignment of natural features seen on an aerial photograph or any geographically referenced source. Although some lineations may be geologically controlled, ground-based geologic investigations are necessary to define their existence and significance.

MARBLE

Shall mean a metamorphic rock consisting primarily of crystallized limestone or dolomite.

OUTCROP

Shall mean an exposure of bedrock projecting through the ground surface.

PINNACLE

Shall mean an irregular rock projection often buried beneath the ground surface.

SHEAR ZONE

Shall mean a zone in which shearing has occurred on a large scale so that the rock is crushed and brecciated (broken).

SINKHOLE (DOLINE)

Shall mean a localized land subsidence, generally a funnel-shaped or steep-sided depression, caused by the dissolution of underlying carbonate rocks or the subsidence of the land surface into a subterranean passage, cavity or cave. Sinkholes are formed by the underground removal of soil and rock material.

SOIL

Shall mean the material found in the surface layer of the earth's crust which may be moved by a spade or shovel.

SOLUTION CHANNELS

Shall mean tubular or planar channels formed by solution in carbonate rock terrains, usually along joints and bedding planes. These openings may serve as the water-bearing openings in carbonate rocks.

SOLUTION SINKHOLE

Shall mean a depression formed from the slow dissolution of bedrock.

SOLUTIONED CARBONATES

Shall mean carbonate rocks that have had cavities formed, fractures widened, and passages in the rock created through the dissolution of the rock by the passage of surface water.

SPRING

Shall mean a place where water naturally flows from rock or soil upon the land or body of surface water.

SUBSIDENCE SINKHOLES

Shall mean sinkholes formed by the downward settlement of unconsolidated overburden into openings in the underlying, soluble bedrock.

SURFACE RUNOFF

Shall mean the part of the precipitation that passes over the surface of the soil.

VOID

Shall mean an opening in the soil or rock materials.

Disclaimer. In limestone areas the alteration and development of land may be hazardous with respect to the foundation safety of structures, the creation of unstable land as a result of changes in drainage and grading, and the contamination of ground and surface waters.

The exact occurrence of sinkholes and/or subsidence is not always predictable; therefore, the administration of these regulations, as contained in the Union Township Carbonate Area District Ordinance herein, shall create no liability on behalf of the municipality, the Township Engineer, the Township Geologist, municipal employees, or municipal officials, or municipal agencies as to damages which may be associated with the formation of sinkholes or subsidence. Compliance with these regulations represents no warranty, finding, guarantee, or assurance that a sinkhole and/or subsidence will not occur on an approved property. The municipality, its agencies, consultants, and employees assume no liability for any financial or other damages which may result from sinkhole activity.

It is also noted that sinkholes and ground subsidence may occur in areas outside the Carbonate Area District and/or in areas of carbonate geology presently not identified as such. The applicant and/or property owner should always make independent investigations of these matters prior to using this land for construction of a building or structure or any activity which alters the soil and bedrock materials.

Applicability.

The provisions of this subsection shall be applicable to all development activities in the Carbonate Area District requiring subdivision approval, site plan approval or a building permit for new construction, including single-family detached dwellings, pursuant to § 30-12.3b of this chapter. Nothing in this subsection shall be applicable to developments for which preliminary or final site plan or subdivision approval was granted prior to March 7, 2001.

A waiver from the requirements of this subsection can be requested from the Township Zoning Officer in consultation with the Township Geologist and Township Engineer for the following:

(a)

Applicants requesting a zoning and/or building permit for new construction on an existing lot of a single-family home in which they will reside, additions to an existing single-family home in which they reside, and/or any structure within the Carbonate Drainage Area and 1,000 feet or more from the boundary with the Carbonate Rock District as determined from the 1966 USGS Bedrock Geologic Map of Northern New Jersey or more recent bedrock geologic map depicting Union Township. All requirements of this subsection can be waived for this application if the applicant provides plans for and agrees to construct sufficient stormwater control measures for the proposed structure as to ensure that post-construction stormwater discharges are less than or equal to pre-construction stormwater discharges and that these plans and measures receive the approval of the Township Engineer.

(b)

Applicants requesting a zoning and/or building permit for new construction on an existing lot of a single-family home in which they will reside, additions to an existing single-family home in which they reside, and/or any structure within the Carbonate Rock District or within the Carbonate Drainage Area and within 1,000 feet of the boundary with the Carbonate Rock District as determined from the 1996 USGS Bedrock Geologic Map of Northern New Jersey or more recent bedrock geologic map depicting Union Township. All requirements of this subsection can be waived for this application if the applicant provides plans for and agrees to construct sufficient stormwater control measures for the proposed structure as to ensure that post-construction stormwater discharges are less than or equal to pre-construction stormwater discharges and that these plans and measures receive the approval of the Township Engineer. In addition, the applicant must complete a waiver application request acknowledging all disclaimers per § 30-6.9c herein.

District Identification.

Carbonate Area District (CAD). The Carbonate Area District is hereby created and shall be any area identified as such upon the Township of Union Zoning Map. The district shall be constituted as secondary, or as an "overlay," to the zoning districts heretofore established by the Zoning Map and may encompass all or portions of more than one existing zoning district. Regulation of the CAD shall be in addition to those requirements governing the existing zoning district.

The Carbonate Area District shall contain two areas, which shall be known as the Carbonate Rock District, and the Carbonate Drainage Area.

Carbonate Rock District (CRD). The Carbonate Rock District is composed of those areas of the municipality underlain by carbonate rocks. The geologic mapping utilized to prepare the CRD overlay boundary is derived from New Jersey Geologic Survey and United States Geological Survey maps. These maps are interpretations developed from available field observations and subsurface data; additional unmapped areas of limestone may exist in the Township of Union. Therefore, the provisions of this subsection may be applied to any development, which in the opinion of the Township of Union, is located in an area underlain by carbonate rock. The CRD map shall be updated as information is developed through the application of this subsection.

Carbonate Drainage Area (CDA). The Carbonate Drainage Area shall consist of all lands, which drain surface water into the Carbonate Rock District. Changes in the quantity, quality and rate of discharge of surface water runoff from land upslope of the Carbonate Rock District can adversely affect the CRD. Therefore, development activities in the CDA, which may alter the surface drainage patterns or affect the water quality or increase runoff into the CRD, shall be subject to the requirements of this subsection.

Performance Standards for CRD. The following performance standards shall be applicable to development activities occurring in the Carbonate Rock District:

The location of all sinkholes, disappearing streams, or other karst features identified during the geologic investigation program and shown on documents submitted under the Phase I and/or Phase II Checklist[1] shall be drawn on all final plats. The plats shall also note any site remediation techniques utilized to stabilize any solution channels or subsidence karst features. All final subdivision deeds shall contain the following wording:

"Block XX, Lot XX is underlain by limestone formations. Limestone formations are susceptible to surface collapse (or sinkholes) and subsidence caused by the physical erosion and chemical alteration of the soil and bedrock.

In limestone areas the alteration and development of land may be hazardous with respect to the foundation safety of structures, the creation of unstable land as a result of changes in drainage and grading, and the contamination of ground and surface waters.

The exact occurrence of sinkholes and/or subsidence is not always predictable; therefore, the administration of the Union Township Carbonate Area District Ordinance shall create no liability on behalf of the municipality, the Township engineer, the Township Geologist, municipal employees, municipal officials, or municipal agencies as to damages which may be associated with the formation of sinkholes or subsidence. Compliance with these regulations represents no warranty, finding, guarantee, or assurance that a sinkhole and/or subsidence will not occur on an approved property. The municipality, its agencies, consultants, and employees assume no liability for any financial or other damages which may result from sinkhole activity.

[1]

Editor's Note: Table 1, referred to herein, is included as an attachment to this chapter.

The design and construction of the improvements listed in Table 1[2] shall be accomplished so as to minimize, to the greatest extent practical, the development of future sinkholes or other karst hazards and the pollution of surface and groundwater resources.

Carbonate formations present complex design and engineering challenges. As a result, the provisions of Table 1[3] were developed to provide an outline of and geologic procedures, and minimum standards that might be useful to those using this subsection. None of the items is intended to preclude the application of judgment, innovation and experience. Table 1[4] represents the best technical judgment available at this time. As a municipality gains experience with the carbonate chapter and the local geologic conditions, both the level of review and the scope of Table 1[5] may be evaluated.

A number of "testing" procedures are presented in Table 1.[6] These include direct methods, such as site reconnaissance, test pits, test probes and test borings. These direct methods are essentially those procedures, which allow the investigator to physically see or sample some of the geologic parameters of the site. Direct methods can provide an accurate picture of known site locations. It is then necessary to extrapolate these known data points to the entire site.

Indirect methods include the use of such items as aerial photography, satellite imagery and geophysical procedures. With geophysical procedures, one records some earth properties and attempts to correlate each property with more specific site characteristics, such as rock properties or depths. Indirect methods must be used with great care because of the complex nature of karst sites. Indirect methods may not detect small variations in the carbonate bedrock features, which may be of great significance to the project design.

For purposes of better understanding Table 1,[7] a number of specific items are discussed herein.

[2]

Editor's Note: Table 1, referred to herein, is included as an attachment to this chapter.

[3]

Editor's Note: Table 1, referred to herein, is included as an attachment to this chapter.

[4]

Editor's Note: Table 1, referred to herein, is included as an attachment to this chapter.

[5]

Editor's Note: Table 1, referred to herein, is included as an attachment to this chapter.

[6]

Editor's Note: Table 1, referred to herein, is included as an attachment to this chapter.

[7]

Editor's Note: Table 1, referred to herein, is included as an attachment to this chapter.

Direct Methods.

(a)

Site Reconnaissance. An on-site reconnaissance, by a person with knowledge of local geology, is important to develop an understanding of the site constraints. Prior to conducting reconnaissance on-site, field personnel should review aerial photography to look for the presence of such features as photo lineaments, vegetation changes and depression areas. Black and white aerial photographs, when viewed in a stereo image, can reveal such features as sinkholes, closed surface depressions, lineaments and bedrock pinnacles. Older aerial photographs are a valuable resource to document changes in the landforms or karst features, which have occurred on the site over time.

(b)

Test Pits. As described in Checklist II,[8] test pits are a simple, inexpensive way to view the overburden materials and the condition and variability of the carbonate rock surface. Test pits are backhoe excavations generally to the depth of the bedrock or limitation of backhoe.

[8]

Editor's Note: Table 1, referred to herein, is included as an attachment to this chapter.

(c)

Test Probes. These generally consist of advancing a steel bit into the ground by an air-percussion machine. Essentially a large, mobile "jack-hammer" is used. Depth of normal penetration is usually less than 50 feet. The "cuttings" are blown out of the hole and examined. Although quite disturbed, these cuttings yield a sample of the materials penetrated. The amount of air injected and return of cuttings at the surface can indicate the presence of fractures and cavities. The rate of speed of the advance of the probe provides a qualitative estimate of the competency of the material encountered. Backfilling with a fluid cement grout and recording the volume of materials placed in the drill hole (of known dimension) can also yield a measure of the size of openings encountered in the subsurface during the downward progress of the probe.

(d)

Test Borings. As discussed in Checklist II[9] test borings can yield virtually complete and relatively undisturbed soil and rock samples. These borings provide visual evidence of fractures, weathering, fracture fillings and even the vertical dimensions of cavities. A measure of the drilling fluid losses can also indicate the volume and nature of any soil or rock cavities encountered. Backfilling with a fluid cement grout and recording the volume of materials placed in the drill hole (of known dimension) can also yield a measure of the size of openings encountered in the subsurface during the downward progress of the probe.

[9]

Editor's Note: Table 1, referred to herein, is included as an attachment to this chapter.

Indirect Methods.

(a)

Aerial Photography. This is the simplest indirect technique, particularly when photos taken over a long time period are analyzed. Open depressions, bedrock exposures, vegetation and moisture changes over time can be detected on either black and white or color photographs. Piles of rock or small groups of brush or trees in otherwise open fields can indicate active sinkholes or rock pinnacles breaking the ground surface. Images defined at wavelengths other than visible light can be as useful as, or even more useful than, conventional aerial photographs. These images are generally available from satellite mapping work.

(b)

Geophysical Procedures. Various geophysical investigation techniques can be used in karst terrains including: ground penetrating radar, electrical conductivity, electrical resistivity, electromagnetic conductivity, very low frequency (VLF) measurement, gravity field recording and seismic velocity measurements. In general, none of these methods has the ability to discriminate all fractures and small cavities. The data provides information on the variation in underground conditions, which should be interpreted by a person trained in geophysics.

These procedures are used to identify zones of variation across a site. Areas showing variation are then targeted for additional direct testing procedures. Geophysical procedures should not be used as the only method of verifying underground conditions. Information gathered with geophysical procedures is useful when extrapolating directly measured data.

The variability in physical properties and the solutioned nature of most carbonate rocks require an increase in the number of locations analyzed and the use of several investigation methods to provide a reliable interpretation of the subsurface conditions.

Procedures and Submission Requirements for the Carbonate Area District.

General Requirements.

(a)

All applicants for subdivision approval, site plan approval, or building permit for new construction, including single family detached dwellings, pursuant to § 30-12.3b of this chapter, shall undertake a geologic investigation program. Projects located in the Carbonate Drainage Area shall complete the Phase I Checklist. Projects located in the Carbonate Rock District shall first complete the Phase I Checklist. Submission of the Phase II Checklist shall be based on the recommendation of the Township's geologic consultant as per § 30-6.9g1(f).[10]

[10]

Editor's Note: Table 1, referred to herein, is included as an attachment to this chapter.

(b)

A professional engineer or Geologist with experience in karst terrains shall prepare the geologic investigation program. The Township's Geologist shall be similarly qualified to review all project submittals.

(c)

The geologic investigation program shall identify the nature of materials underlying the site.

(d)

The Geologic Investigation Report shall evaluate site information gathered during the geologic investigation, and provide recommendations for the planning, engineering design, and construction techniques to be utilized. All design recommendations shall minimize, to the greatest extent practical, impacts upon water quality and structural hazards associated with limestone formations.

(e)

In the case of applications for site plans or subdivisions, the geologic investigation program may be completed and filed prior to a formal application for preliminary approval.

(f)

After the submission of the information required in the Phase I Checklist[11] and reviewing the Township Geologist's report, the authorized approval authority may grant a waiver from the requirement of part or all of the geologic investigation and report requirements under subsections 30-6.9g4 and 30-6.9g5 below.

[11]

Editor's Note: Table 1, referred to herein, is included as an attachment to this chapter.

Geologic Investigation Program Process. For all properties located in the CAD, the applicant shall conduct a comprehensive geologic investigation program. The purpose of this program is to provide the approval authority with sufficient data to define the nature of all existing geologic conditions that may affect construction and land use activities on the site. Specifically, the investigations shall yield information, which shall demonstrate that the proposed development will identify any existing geologic conditions for which appropriate site design and/or engineering solutions may be necessary to minimize any adverse environmental impacts caused by the project. A geologic investigation program involves the following:

(a)

Phase I - completion of the Phase I Checklist by applicant and review by the Township's Geologist, action on completeness by approval authority.[12]

[12]

Editor's Note: Table 1, referred to herein, is included as an attachment to this chapter.

(b)

Phase II - completion of the Phase II Checklist and proposed Geologic Investigation Program by applicant, review by the Township Geologist and action on completeness by the approval authority; issuance of permit to undertake on-site testing.[13]

[13]

Editor's Note: Table 1, referred to herein, is included as an attachment to this chapter.

(c)

Applicant undertakes on-site geologic investigation program, with observation by the Township Geologist.

(d)

Submission of a Geologic Investigation Report and site recommendation by applicant.

(e)

Township Geologist's review, report and final recommendation forwarded to approval authority.

(f)

Approval authority acts on the geologic aspects of the proposed project.

Geological Investigation Program Time Limits.

(a)

Completing the Phase I Checklist shall commence an investigation program. The Phase I Checklist shall be submitted to the approval authority and shall be reviewed by the Township Geologist. A report from the Township Geologist shall be rendered to the approval authority within 30 days of the submission by applicant of the Phase I Checklist. The approval authority shall rule on the completeness of the Checklist within 30 days of the receipt of the Township Geologist's completeness report. The Township Geologist report shall either recommend that the Phase II Checklist be prepared and submitted or, in the alternative, that portions or all of the requirements of the Phase II Checklist be waived.[14]

[14]

Editor's Note: Table 1, referred to herein, is included as an attachment to this chapter.

(b)

If the Phase II Checklist is required, it shall be submitted to the approval authority and reviewed by the Township Geologist for completeness. A completeness report shall be made to the approval authority within 30 days of the submission by applicant of he Phase II Checklist.[15] The approval authority shall rule on the completeness of the checklist within 30 days of the receipt of the Township Geologist's completeness report. The Township Geologist's completeness report shall also advise the applicant as to whether any proposed testing methodology is prohibited because of the potential danger the methodology may pose to the integrity of the site or the health, safety and welfare of the community. If the Township Geologist recommends the disapproval of the testing program, the recommendation shall include suggestions on alternate methodology, which would provide the requisite data. The Township Geologist may also recommend waiver of some or all of the required investigations in appropriate cases pursuant to § 30-6.9g1(f).

[15]

Editor's Note: Table 1, referred to herein, is included as an attachment to this chapter.

(c)

At the applicant's option, both the Phase I and/or Phase II Checklist may be submitted simultaneously,[16] in which case the Township Geologist shall submit a completeness report to the approval authority within 30 days of submission of the checklist(s) by applicant. The approval authority shall act on the completeness report within 30 days of submission of the Township Geologist's report.

[16]

Editor's Note: Table 1, referred to herein, is included as an attachment to this chapter.

(d)

After the Phase I and Phase II Checklists[17] have been deemed complete by the approval authority and the Township Geologist has advised that the testing methodology poses no danger to the integrity of the site or to the health, safety and welfare of the community, a permit shall be issued to the applicant authorizing the commencement of the testing.

[17]

Editor's Note: Table 1, referred to herein, is included as an attachment to this chapter.

On-Site Investigation Protocol.

(a)

Any on-site investigations and tests undertaken pursuant to this subsection shall not begin until the applicant has received a permit pursuant to § 30-6.9g3(d). The applicant shall also be responsible for providing, at least 15 days prior to commencement of any testing procedures, written notice of same to the Planning Board Secretary for investigations related to subdivision and site plan applications or to the Zoning Officer for investigations related to building permit applications, which notice shall be transmitted by certified mail, return receipt requested or served personally. All site investigations shall be properly closed in accordance with N.J.A.C. 7:9-9.1 et seq.

(b)

The proposed development site shall be subject to inspection by the Township Geologist, Engineer, or designated municipal inspectors at any time. All testing data and results shall be made available to municipal officials and inspectors on demand.

(c)

All samples taken shall be properly preserved and shall be available for examination by the Township upon request until the approval authority takes final action on the application.

Geological Investigation Report Requirements.

(a)

At the completion of the field investigation a formal site investigation report shall be submitted to the Township and include any of the following required information gathered during the testing protocol: logs of all borings, test pits, and probes including evidence of cavities, loss of drilling fluid circulation during drilling, voids encountered and similar cavities, type of drilling or excavation technique employed, drawings of monitoring or observation wells as installed, time and dates of explorations and tests, reports of chemical analyses of on-site surface and groundwater, names of individuals conducting tests if other than the professional engineer or Geologist referred to in the checklist, analytical methods used on soils, water samples, and rock samples; a one inch equals 100 feet scale topographic map of the site (at a contour interval of two feet) locating all test pits, borings, wells, seismic or electromagnetic conductivity or other geophysical surveys and analysis of the groundwater including any potentiometric maps constructed from site data or aquifer tests with rate and direction of flow; a geologic interpretation of the observed subsurface conditions, including soil and rock type; jointing (size and spacing), faulting, voids, fracturing, grain size, and sinkhole formation.

(b)

The report shall define the extent of geological findings at the site in relation to the planned development or land use. The recommendations proposed to minimize environmental and structural impacts for the useful life of the project, as well as during construction, must be clearly detailed.

Township Review of Geologic Investigation Report.

(a)

Within 45 days of submission of the Geological Investigation Report by the applicant, the Township Geologist shall review and prepare a completeness report for submission to the approval authority. During the Township Geologist's review of the Geological Investigation Report for proposed development in the CRD, the Township Geologist shall reports, consider the data, formal maps, drawings and related submission materials and shall advise the approval authority whether or not the applicant has provided the Township with:

(1)

Sufficient design, construction and operational information to insure that the proposed development of the tract will not adversely impact on the health, safety and welfare of the community;

(2)

Proof that the proposed method of development of the tract will minimize any adverse effects on the quality of surface or subsurface water, and will not alter the character of surface and/or subsurface water flow in a manner detrimental to known on-site or off-site conditions;

(3)

Specific details insuring that design concepts and construction and operational procedures intended to protect surface and subsurface waters will be properly implemented;

(4)

Specific details on inspection procedures to be followed during construction and after project completion.

(b)

The approval authority shall, within 45 days of the receipt of the report from the Township Geologist, approve or disapprove the proposed geologic aspects of the development plan and associated construction techniques. In the event the approval authority denies the proposed development plan and associated construction procedures the approval authority shall state in the resolution its reasons for disapproval.

Reevaluation.

In certain situations, a specific geologic hazard may not be identified while the geologic investigation program is underway and may be discovered during or after construction. In such cases the applicant shall:

(a)

Report the occurrence of the hazard to the municipal clerk within 24 hours of discovery;

(b)

Halt construction activities which would impact the geologic hazard;

(c)

Prepare a report on the geologic hazard which analyzes the impact of the hazard and details a remediation plan for review and approval by the Township Geologist and Engineer;

(d)

After obtaining approval from the Township, perform necessary remediation of the hazard to prevent or minimize damage to buildings, structures, utilities, driveways, parking areas, roadways, and other site improvements, and to minimize pollution of the groundwater;

(e)

Repair any damage to improvements and restore ground cover and landscaping;

(f)

In those cases where the hazard cannot be repaired without adversely affecting the site plan or subdivision, file an amended application for a site plan or subdivision approval in compliance with the provisions of this subsection.

Compliance and Enforcement.

Compliance with this subsection is required prior to the granting of Township subdivision or site plan approval, the granting of building permits, except as exempted in § 30-6.9d herein, or the Township endorsement of State permits and treatment works approvals, unless the applicant is exempted from the provisions of this subsection or the requirements in this subsection have been waived. The enforcement officials for any application requiring the approval of the Planning Board or Board of Adjustment and subject to this subsection shall be the Township Engineer and Geologist. The enforcement official for building permit applications that are subject to this subsection shall be the Zoning Officer or Construction Code Official. For well and septic system installation, the Township Sanitarian shall serve as the enforcement officer. The Township Geologist, Engineer, or Sanitarian shall serve as the enforcement officials for wastewater systems requiring NJDEP permits or Treatment Works Approvals.

Failure to comply with any of the conditions in this subsection may result in the issuance of a stop-work order, revocation of building permits, or denial of certificates of occupancy. Remedial and corrective measures may be mandated if the appropriate construction and site planning techniques as outlined in the applicant's approved geologic report, are not followed and result in actions which adversely impact karst features.

Carbonate Area District Data Distribution. On-site geologic information collected through the provisions of this subsection represents important resource data. Copies of the final geologic investigation report and all maps and accompanying data shall be submitted to the Township Board of Health, the Township Clerk, and a copy filed with the Planning Board Secretary. The Township shall develop a catalogue system of all available municipally-generated geologic reports. This file shall be accessible to the public during normal working hours.

Application and Escrow Fees. The applicant shall submit the application fees and escrow deposits in accord with § 30-11.5d for any project in the CAD requiring a submission.

Investigation Checklists Required.

All applications for subdivision approval, site plan approval, or building permit for new construction, including single family detached dwellings, pursuant to § 30-12.3b of this chapter and located within the CAD shall be accompanied by completed checklists as an initial step of the geologic investigation required herein.

Procedure for Submission of Documents.

(a)

The applicant shall submit the completed Phase I Checklist[18] to the Township of Union Planning Board for distribution to the Township Geologist. Applicants shall also submit the required application fee and escrow as per the Township's posted escrow and fee requirements.

[18]

Editor's Note: The Checklists, referred to herein, are included as an attachment to this chapter.

(b)

Phase I and II Checklists may be completed and filed prior to the completion of other required submissions at the applicant's option.[19]

[19]

Editor's Note: The Checklists, referred to herein, are included as an attachment to this chapter.

(c)

The applicant and the municipal approval authority will be advised within 30 days of submission of the Phase I Checklist whether a waiver of completion of the Phase II Checklist is being recommended by the Township Geologist. The Township Geologist may recommend a waiver of some or all of the required investigations as provided herein. The approval authority will act on the Township Geologist's completion report within 30 days of receipt. Notice of the Township's action will be forwarded to the applicant in writing.

The Phase I Checklist[20] is intended to ensure that the information to be submitted by the applicant demonstrates that the applicant has sufficient information available on geologic issues to enable the applicant to prepare a plan for investigation of the proposed development site.

[20]

Editor's Note: The Checklists, referred to herein, are included as an attachment to this chapter.

Any applicant with questions regarding whether applicant is entitled to a waiver of some or all segments of the geologic investigation is encouraged to contact the Township Geologist prior to the commencement of the preparation of the geotechnical investigation program.

The following checklists shall apply as required herein.[21]

[21]

Editor's Note: The Checklists, referred to herein, are included as an attachment to this chapter.

§ 30-7 DESIGN REGULATIONS.

§ 30-7.1 General Regulations.

[Ord. No. 85-9, § 700; Ord. No. 86-4, § 6; Ord. No. 87-13, § 2; Ord. No. 90-2, § 6; Ord. No. 96-16, § 3; Ord. No. 2001-8, §§ 7, 12, 14; Ord. No. 2003-13, § 1; Ord. No. 2003-14, § 1]

Lot Area and Yard Required. The lot and yard regulations for any new buildings or use shall not include any part of a lot that is required by any other building or use to comply with the requirements of this chapter.

No required lot or area shall include any property, the ownership of which has been transferred subsequent to the effective date of this chapter,[1] if such property was a part of the area required for compliance with the dimensional regulations applicable to the lot from which such transfer was made.

[1]

Editor's Note: This chapter was established by Ordinance No. 85-9 which was adopted on December 11, 1985 and became effective pursuant to law.

Minimum Lot Size. Where a minimum lot size is specified, no primary building or use shall be erected or established on any lot of lesser size than as specified within this chapter, except as specified in Subsection c below.

Exceptions to Minimum Lot Size.

All residential lots resulting from a conventional subdivision shall include a minimum of 30,000 square feet of land not including resource protection land, or a minimum of 30,000 square feet of allowable disturbable resource protection land as provided for in § 30-6.4b. The required 30,000 square feet does not have to be solely located within the building envelope, but should be sufficient in size to allow for the construction of a dwelling unit. For the purposes of this subsection, the performance protection standards regarding woodlands does not apply. All buildings and on lot sewage disposal systems shall be located within the areas without resource restrictions.

Any lot, including contiguous lots, existing at the effective date of adoption or amendment of this chapter,[2] whose area or dimensions met the requirements of the district in which the lot was located prior to adoption of this chapter or amendment of this chapter and which does not meet such requirements of this chapter, may have a building permit issued for a use permitted for that zoning district provided that the building coverage limit is not exceeded, parking requirements are met and the yard and height provisions are reduced by the same percentage that the area of such lot bears to the zoning district requirements except that no side yard shall be less than half that required by this chapter or five feet, whichever is greater.

[2]

Editor's Note: This chapter was established by Ordinance No. 85-9 which was adopted on December 11, 1985 and became effective pursuant to law. The effective dates of any amendments may be found in the office of the Township Clerk.

This exception shall not apply to any two or more contiguous lots in a single ownership as of or subsequent to the effective date of this chapter,[3] or the effective date of amendment to this chapter, in any case where a reparceling or replatting could create one or more lots which would conform to this chapter.

[3]

Minimum Lot Width. Where a minimum lot width is specified, no primary building shall be erected on any part of a lot which has a width less than that specified within this chapter, except as specified in Subsection c above.

Yard Requirements. In all districts except OR Office Research and LI Light Industrial Districts, no portion of a building or structure shall be built within the minimum depth of front, side, or rear yards as specified within this chapter except as permitted in the municipal subdivision and site plan regulations and as provided in the following:

Parking areas shall not be permitted within required front yards nor within 10 feet of the side and/or rear property lines in the OR Office Research and LI Light Industrial Districts.

Front Yard Exceptions for Existing Alignment. If the alignment of existing buildings on either side of a lot within a distance of 100 feet of the proposed building and fronting on the same side of the same street in the same block is nearer to the street than the required front yard depth, the planning board may accept the average of such existing alignment within that distance as the required front yard.

Projections into Yards. An arbor, open trellis, flagpole, unroofed steps or ground level terrace shall be permitted as projections into yards with no restriction.

Accessory Buildings in Yards. Except for accessory buildings less than 100 square feet as permitted in § 30-5.5h2 herein, no accessory building shall be permitted within the area of the minimum front, side, or rear yard setback.

Height. The height of structures is regulated to prevent loss of life or excessive property damage through the inability of fire equipment to reach upper stories or roofs.

The height limitations specified in this chapter shall not apply to church spires, belfries, cupolas, and domes not intended for human occupancy; monuments, observation towers, transmission towers, windmills, chimneys, smokestacks, flagpoles, radio and television towers, masts, and aerials, except as herein specified. No such object shall exceed 75 feet except where the shortest distance from the base of the object to the nearest property line shall be greater than 75 feet. In such cases the object may be equal to, but shall not exceed, that distance in height.

Visibility at Intersections. No sign shall be placed in such a position that it will cause danger to traffic on a street or entering a street by obscuring the view, or which hides from view or interferes with the effectiveness of an official traffic control device.

In no case shall there be more than one single family dwelling permitted on a subdivision lot of record. More than one principal nonresidential use or structure may be permitted on a single lot provided that the buildings are all part of an overall planned development containing only those uses permitted in the zoning district in which the development is located.

Maximum Building Coverage, Residential Lots. On all lots with net buildable area less than or equal to 10,000 square feet, or a total lot area of less than 1 1/2 acres, where the primary use is B1 Single-Family Detached or B11 Single-Family Detached Cluster, the maximum permitted building coverage for primary and all accessory buildings shall be 30% of the net buildable area, or 3,500 square feet, whichever is less.

§ 30-7.2 Parking Performance Standards.

[Ord. No. 85-9, § 701; Ord. No. 94-17, § 1]

General Requirements Applying to Required Off-Street Parking.

Structures and uses in existence at the date of adoption of this chapter[1] shall not be subject to the requirements of this section so long as the kind or extent of use is not changed, provided that any parking facility now serving such structures or uses shall not in the future be reduced below such requirements.

[1]

Editor's Note: This chapter was established by Ordinance No. 85-9 which was adopted on December 11, 1985 and became effective pursuant to law.

Whenever there is an alteration of a use which increases the parking requirements according to this section, the total additional parking required for the alteration, change, or extension shall be provided in accordance with the requirements of this section.

No parking shall be used for any use that interferes with its availability for the parking need it is required to serve.

All required facilities shall be provided and maintained as long as the use exists which the facilities were designed to serve. The total extent of off-street parking facilities shall not be reduced after their provision, except upon the approval of the Planning Board and then only after proof that, by reason of diminution in floor area, seating area, or the number of employees or change in other factors controlling the regulation of the number of parking spaces, such reduction is in conformity with the requirements of this section. Reasonable precautions shall be taken by the owner or sponsor of particular uses to assure the availability of required facilities to the employees or other persons whom the facilities are designed to serve. Such facilities shall be designed and used in such a manner that at no time constitutes a nuisance, hazard, or unreasonable impediment to traffic.

For parking areas of six or more vehicles, the area not landscaped and so maintained, including driveways and other permanent surfaces, shall be graded surfaced with asphalt, and drained to the satisfaction of the Township Engineer to the extent necessary to prevent dust, erosion, or excessive water flow across streets or adjoining property. All off-street parking spaces shall be marked so as to indicate their location. Failure to keep parking areas in satisfactory condition (i.e., free from holes, clearly delineated, or properly graded) shall be considered a violation of this chapter.

All off-street parking lots and areas for the display, storage, sale, or movement of six or more motor vehicles shall be adequately buffered from adjacent streets and properties and landscaped in accordance with an overall plan as required in Subsection f6 below.

Within the Village Commercial District, any use existing as of the effective date of this chapter[2], which can be lawfully expanded, or any new use that cannot meet the parking requirements of this chapter within the lot lines of the principal use may meet the parking requirements of this chapter by either:

(a)

On an annual basis the landowner shall show proof of a lease of the required parking spaces within 300 feet of the premises and in the same district; or

(b)

Pay the municipality a fee in lieu for each required parking space, to be determined by a formula set forth by the municipality for the acquisition, construction, and maintenance of public parking.

[2]

Editor's Note: This chapter was established by Ordinance No. 85-9 which was adopted on December 11, 1985 and became effective pursuant to law.

Parking Design Requirements.

A parking stall is that area specifically designated by pavement markings or some other means for the temporary parking of one motor vehicle.

Design standards for parking stalls shall not apply where the primary purpose is that of vehicle storage related to sales, service, or other use, both commercial and noncommercial.

Unless otherwise specified, parking stalls shall conform to the following minimum dimensional standards:

Type	Width	Depth (feet)
Conventional	9	18
Handicapped	12.5	18
Oversized** (as determined by municipal engineer)

**	Including but not limited to recreational vehicles, tandem trailers, trucks and buses.

Parking for the handicapped or physically disabled shall be provided for as follows:

Total Nonresidential Parking Spaces	Required Handicapped Parking
10 — 50	(1 space)
51 — 250	2.5%
251+	2.0%

The minimum width of drives and parking aisles shall be 25 feet.

All dead end parking aisles shall be designed to provide sufficient backup area for the end stalls of the parking lot.

Drives and parking aisles shall be designed so that each motor vehicle may proceed to and from a parking stall without requiring the moving of any other motor vehicle.

Parking Access and Traffic Control. In order to minimize traffic congestion and hazard, control street access in the interest of public safety, and encourage the appropriate development of street or highway frontage:

No area for off-street parking or for the display, storage, sale, or movement of motor vehicles shall abut directly a public street or highway unless separated from the street or highway by a raised curb and barrier planting strip, wall or other effective barrier against traffic, except at necessary accessways, and each parking area shall have not more than two accessways to any one public street or highway for each 500 feet of frontage. Where possible, access to parking areas shall be provided by a common service driveway or minor street in order to avoid direct access on a major street or highway. Except for flares and curb returns, no such accessway shall be more than 35 feet clear in width.

In the case of garden apartments and all industrial uses, the following regulations shall apply:

(a)

All parking, loading or service areas used by motor vehicles shall be located entirely within the lot lines of the property or center, except in Village Residential and Village Commercial, where parking may be provided within 300 feet of the use or as provided in Subsection a7 above.

(b)

All buildings shall front upon a marginal street, service road, common parking lot, or similar area and not take access directly upon a public street or highway.

(c)

All accessways to a major or minor arterial street or highway shall be located not less than 300 feet from the intersection of the centerlines of any streets.

(d)

Any additional traffic signals and acceleration and deceleration lanes deemed necessary upon review by the Planning Board to provide safe and adequate access to the property shall be provided by the owner.

(e)

All streets and accessway shall be designed in a manner conducive to safe exit and entrance requirements of the municipality.

Driveways in single-family detached developments shall exit only onto interior access streets, except where this can be specifically shown by the developer to be impractical and he receives the approval of the Township Engineer and the Planning Board.

Interior Circulation and Access.

Internal drives and parking aisles shall be no less than the minimum width specified in Subsection b 5 above and shall be designed so as to prevent blockage of vehicles entering or leaving the site.

Internal drives and parking aisles shall be paved and provided with curbs and drainage in conformance with the requirements of the subdivision and site plan regulations.

Shopping Cart Storage. Any establishment which furnishes carts or mobile baskets as an adjunct to shopping shall provide definite areas within the required parking space areas for storage of the carts. Each designated storage area shall be clearly marked for storage of shopping carts. Such signs indicating storage are considered to be directional signs as regulated in § 30-8.

Off-Street Parking Regulations for Townhouse, Apartment and Nonresidential Uses.

Required off-street parking facilities as accessory to uses listed herein shall be solely for the parking of passenger automobiles of patrons, occupants, or employees.

No motor vehicle repair work of any kind other than emergency service shall be permitted in parking lots.

In any case where a development abuts a State or municipal highway, all streets in the vicinity of the development shall be adequate to serve probable increases in traffic volume, and adequate deceleration lanes and similar facilities shall be provided as required by the municipality.

No off-street parking shall be permitted within the front yards or within 10 feet of the side and/or rear property lines.

Computation.

(a)

When determination of off-street parking spaces required by this chapter results in a requirement of a fractional space, any fraction of 1/2 or less may be disregarded while a fraction in excess of 1/2 shall be counted as one parking space.

(b)

Off-street parking space shall be required as provided for each use in § 30-5. All uses which do not have a parking requirement in § 30-5 and which have a lot coverage in excess of 10% shall provide at least one off-street parking space for each 220 square feet of gross floor area.

(c)

For industrial uses, if less than one parking space is provided for each 470 square feet of floor area, sufficient space shall be preserved within the building setback lines for future expansion of parking facilities to that number without exceeding the impervious surface ratio.

Buffer and Landscape Requirements for Parking. Every parking lot shall be subject to the following buffer requirements;

(a)

No off-street parking space shall be located less than 20 feet from any public street right-of-way line and 10 feet from any property line.

(b)

Any area for off-street parking or for display, storage, sale or movement of six or more motor vehicles shall be enclosed, except at entrances and exits, by an ornamental fence or wall consistent with the architectural character of the surrounding uses, or by a compact evergreen hedge, not less than four feet in height. Where a planted screen is proposed it shall incorporate the planting of staggered and overlapping evergreen and deciduous shrubs of such species and size as will produce within two growing seasons (May through September) after planting a screen at least four feet higher than the elevation of the adjacent parking area.

These provisions shall not interfere with the maintenance of clear sight lines at intersections.

(c)

Parking areas of a 20 vehicle width shall be separated from one another by planting strips not less than 10 feet in width.

(d)

No less than 10% of a proposed parking area must consist of buffer areas and islands and must be landscaped and continually maintained. Planting along the perimeter of a parking area, whether for required screening or general beautification will be considered as part of the required parking area landscaping.

Reduction of Nonresidential Parking Requirements. In order to prevent the establishment of more parking spaces than are needed for nonresidential uses, the board may permit a conditional reduction of parking space if the following conditions are satisfied:

The conditional reduction of parking spaces may apply if the minimum number of parking spaces required for a land use is in excess of actual parking needs or if the operating schedule of two or more land uses are such that a parking lot may be shared.

The parking lot design must designate sufficient space to meet the parking requirement. The plan shall also illustrate the layout for the total number of parking spaces, which must be in compliance with the impervious surface and yard requirements of this chapter.

The balance of the parking area conditionally reserved shall not include areas for required buffer yards, setbacks, or areas which would otherwise be unsuitable for parking spaces due to the physical characteristics of the land or other requirements of this chapter. The developer shall provide with the land development plan a landscaping plan for the reserved area.

If required by the Board, the developer or owner shall post a performance bond or other securities to cover the expense of a traffic study to be undertaken by a registered Traffic Engineer of the Board's choosing who shall determine the advisability of providing the full parking requirements. With recommendations of the Traffic Engineer and the Township Engineer, the Planning Board shall determine if the additional spaces shall be provided by the developer or if the area shall remain as open space.

Parking of Tractors or Tractor Trailers in Residential Zoning Districts. The storage or parking of tractors (with or without attached trailer) or tractor trailers (with or without the attached tractor) shall be prohibited in all residential zoning districts, unless loading or unloading a local delivery. Tractor is defined as a truck with a short chassis and no body used in combination with a trailer for the highway hauling of freight. The provision shall not apply to tractors or tractor trailers used for agricultural purposes in connection with a farming operation on the subject property.

§ 30-7.3 Off-Street Loading Requirements.

[Ord. No. 85-9, § 702]

In connection with any building or structure which is to be erected or substantially altered and which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles, there shall be provided off-street loading berths not less than the minimum requirements specified in this subsection:

Areas provided for the loading and unloading of delivery trucks and other vehicles and for the servicing of shops by refuse collection, fuels, and other service vehicles shall be arranged so that they may be used without:

Blocking or interfering with the use of the accessways, automobile parking facilities, or pedestrian ways, or

Backing out into a street.

All required loading berths shall be located on the same lot as the use to be served, and no portion of the vehicle shall project into any traffic lane. No loading berth for vehicles of more than two ton capacity shall be located less than 100 feet from any residence district. No permitted or required loading berth shall be located within 50 feet of any property line. No loading facilities shall be constructed between the building setback line and a street right-of-way line or within a required yard.

All off-street loading areas shall be adequately buffered from adjacent streets and properties and landscaped in accordance with an overall plan.

A required off-street loading berth shall be at least 15 feet in width by at least 50 feet in length, exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least 16 feet.

Each required off-street loading berth shall be designed with appropriate means of vehicular access to an interior drive in a manner which will least interfere with traffic movements and shall be subject to approval of the governing body. The interior drives shall have all weather surfaces to provide safe and convenient access during all seasons.

All open, off-street loading berths shall be paved in accordance with the regulations of the municipal subdivision and land development regulations.

No storage of any kind or motor vehicle repair work of any kind, except emergency work, shall be permitted within any required loading berth.

Space allowed to any off-street loading berth shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof. Required off-street parking spaces shall not be used for loading and unloading purposes except during hours when business operations are suspended.

At least one loading berth shall be required for each facility. There shall be at least one loading berth for each three trucks serving the facility on an average day or a suitable alternative solution applicable to the proposed use as long as no trucks are parked on any streets and the alternative is approved by the Planning Board. For the uses here listed, loading berths shall be provided as specified:

Use	Floor Area	Required Berths
Business and Professional Offices and Public Administration Buildings	First 100,000 square feet	1
	Next 40,000 square feet	1
	Each additional 50,000 square feet or fraction thereof	1
Food Stores and Retail	First 5,000 square feet	1
Department Stores	Next 5,000 square feet	1
	Each additional 20,000 square feet or fraction thereof	1
Manufacturing	First 3,000 square feet	1
	Next 7,000 square feet	1
	Each additional 20,000 square feet or fraction thereof	1
Wholesale and Other Uses	First 2,000 square feet	1
	Next 8,000 square feet	1
	Each additional 10,000 square feet or fraction thereof	1

§ 30-7.4 Buffer Yards.

[Ord. No. 85-9, § 703; Ord. No. 2004-10, § 9]

Purpose. Buffering serves to soften the outline of buildings, to screen glare and noise, and to create a visual and/or physical barrier between conflicting land uses.

Screening.

A completely planted visual barrier or landscape screen with a minimum width of 50 feet and of sufficient density, which cannot be seen through, and of sufficient height to constitute an effective screen and give maximum protection and immediate visual screening shall be provided and continually maintained between any industrial or commercial district and adjoining residentially zoned district or residential use; in a residential district between all townhouse, twin, duplex, or apartment developments and adjoining lower density residential use and around all public utility operating facilities.

Water towers, storage tanks, processing equipment, fans, skylights, cooling towers, vents, and any other structures or equipment other than radio or television antenna which above the roof line shall be architecturally compatible or effectively shielded from view from any private or dedicated street by an architecturally sound method which shall be approved by the Board before construction or erection of said structures or equipment.

Screening off-street parking areas shall be in accordance with § 30-7.2f6 and off-street loading areas with § 30-73c.

Where such screening is required, it shall be assured by a performance guarantee posted with the Board in an amount equal to the estimated cost of trees and shrubs and planting. Such guarantee shall be released only after passage of the second growing season following planting.

Landscaping.

Any part or portion of a site which is not used for buildings, other structures, loading and parking spaces and aisles, sidewalks, and designated storage areas shall be planted with an all-season ground cover and shall be landscaped according to an overall plan prepared by a certified landscape architect.

Landscaping of off-street parking areas shall be in accordance with § 30-7.2f6 and off-street loading areas with § 30-7.3c.

All mechanical and electrical equipment not enclosed in a structure shall be fully and completely screened from view from any point and in a manner compatible with the architectural and landscaping style of the remainder of the lot. Such screening shall be subject to site plan review by the municipality.

Landscaping of outdoor advertising signs shall be in accordance with § 30-8.

Each of the buffer yards may utilize any of the plant materials listed as outlined within this subsection. Minimum plant size, given either in height or in caliper is indicated in this table.

All planting materials shall meet the standards of the American Association of Nurserymen.

Canopy Trees (Minimum 2 1/2 Inch Caliper).

(a)

Acer rubrum — Red Maple.

(b)

Acer saccharum — Sugar Maple.

(c)

Betula papyrifera — Paper Birch.

(d)

Fagus grandifolia — American Beech.

(e)

Carpinus caroliniana — American Hornbeam (Ironwood).

(f)

Celtis occidentalis — Hackberry.

(g)

Cladrastis kentuckea — Yellowood.

(h)

Cornus floria & CVS — American Dogwood.

(i)

Crataegus viridis — Hawthorne.

(j)

Gymnocladus diocus — Kentucky Coffeetree.

(k)

Halesia carolina — Carolina Silverbell.

(l)

Nyssa sylvatica — Sourgum.

(m)

Fraxinus Americana — White Ash.

(n)

Fraxinus Pennsylvania lanceolata — Green Ash.

(o)

Gleditsia triacanthos inermis — Thornless Honey Locust.

(p)

Liquidambar styraciflua — Sweet Gum.

(q)

Liriodendron tulipifera — Tulip Tree.

(r)

Plantanus acerifolia — Plane Tree.

(s)

Quercus alba — White Oak.

(t)

Quercus rubra — Red Oak.

(u)

Quercus coccinea — Scarlet Oak.

(v)

Quercus palustris — Pin Oak.

(w)

Quercus phellos — Willow Oak.

(x)

Tilia Americana — American Linden.

Flowering Trees.

(a)

Amelanchier candensis - Shadblow Serviceberry 5-6 feet.

(b)

Cornus florida — Flowering Dogwood 5-6 feet.

(c)

Cornus x 'Rutcan' - Constellation Rutgers Dogwood 5-6 feet.

(d)

Cornus x 'Rutdan' — Celestial Rutgers Dogwood 5-6 feet.

(e)

Crataegus phaenopyrum - Washington Hawthorne 5-6 feet.

(f)

Magnolia virgineana — Sweetbay Mangolia 5-6 feet.

(g)

Oxydendrum aboreum — Sourwood 5-6 feet.

(h)

Pyrus calleryana Chanticleer — Chanticleer Pear 8-10 feet.

Evergreens (Four feet to Five Feet).

(a)

Ilex opaca — American Holly.

(b)

Picea abies — Norway Spruce.

(c)

Picea pungens — Colorado Spruce.

(d)

Pseudotsuga menziesii — Douglas Fir.

(e)

Tsuga canadensis — Canada Hemlock.

(f)

Juniperus virgineana — Eastern Red Cedar.

Hedge.

(a)

Crataegus crusgalli — Cockspur Hawthorn 3-4 feet.

(b)

Rhammus frangula columnaris — Tallhedge Buckthorn 3-4 feet.

(c)

Syringa chinensis — Chinese Lilac 3-4 feet.

(d)

Syringa vulgaris — Common Lilac 4-5 feet.

Shrubs.

(a)

(1)

Juniperus virginiana — Upright Juniper 4-5 feet.

(2)

Aronia arbutifolia — Red Chokeberry.

(3)

Aronia melancarpa — Black Chokeberry.

(4)

Calcanthus occidentalis — Allspice 4-5 feet.

(5)

Clethra alnifolia — Summersweet 4-5 feet.

(6)

Cornus sericea — Red Osier Dogwood 4-5 feet.

(7)

Taxus hicksi — Hicks Yew 2 1/2-3 feet.

(8)

Thuja occidentalis — American Arborvitae 4-5 feet.

(b)

(1)

Ilex glabra — Inkberry.

(2)

Hamamelis vernalis — Vernal Witch Hazel 4-5 feet.

(3)

Hamamelis virginiana — Common Witch Hazel 4-5 feet.

(4)

Ilex verticillata — Winterberry 4-5 feet.

(5)

Lindera benzoin — Spicebush 2-3 feet.

(6)

Myrica pennsylvanicum — Bayberry 2-3 feet.

(7)

Rhododendron maximum — Rosebay rhododendron 3-4 feet.

(8)

Vaccinium corymbosum — Highbush Blueberry 2-3 feet.

(9)

Rhamnus caroliniana — Carolina Buckthorn.

(10)

Viburnum dentatum — Arrowwood Viburnum 4-5 feet.

Viburnum Prunifolium Blackhaw Viburnum 4-5 feet.

(11)

Rhus spp. — Sumac.

§ 30-7.5 Lighting.

[Ord. No. 85-9, § 704; Ord. No. 2003-3]

Lighting.

Adequate lighting shall be provided for parking lots, and shall be designed in accordance with standards of this subsection.

Street Lighting. Street lighting shall be prohibited unless the Planning Board or Board of Adjustment shall determine that the literal enforcement of the prohibition against street lighting is impracticable or will exact undue hardship because of the peculiar conditions pertaining to particular land or lands in question. Should the Planning Board or Board of Adjustment determine to grant a waiver to allow for street lighting, any such street lighting shall be installed in accordance with all applicable guidelines as set forth in this subsection and the applicant shall be responsible for installation of same in accordance with such standards and such additional conditions as may be imposed by the Planning Board or Board of Adjustment.

Design Standards. Lighting shall be designed in accordance with this subsection.

Outdoor Lighting. All outdoor light fixtures installed and thereafter maintained, other than those serving one- and two-family dwellings (except as otherwise noted, see Subsection b8 below) shall be outdoor enclosed light fixtures, and shall comply with the requirements specified in this subsection:

Where used for security purposes or to illuminate walkways, roadways and parking lots, only outdoor enclosed light fixtures shielded from public view and having the performance characteristics of a full cut off light fixture shall be used.

(a)

For parking lots and roadways light poles that are visible to the public shall not exceed 16 feet in height (grade to light).

(b)

For walkways light fixtures shall not exceed 43 inches bollard type house side cut off shielding where required.

Where used for commercial and industrial purposes such as in merchandise display areas, work areas, platforms, signs, architectural, landscape or sports or recreational facilities, all light fixtures shall be equipped with automatic timing devices and shall comply with the following:

(a)

Lamp/luminaire combinations being considered to illuminate flags, statues or any other objects mounted on a pole, pedestal or platform, shall have their candlepower curve plotted such that 100% of the beam angle used is not greater than the size of the object to be illuminated.

(a)(1)

In the case of flags that can move in the wind 360° around the pole, the beam angle shall be based on a circle having a radius equal to the width of the flag, except that flags having a width of 12 feet or more shall be illuminated by the beam with a radius not greater than 2/3 of the width of the flag.

(b)

Other upward directed architectural, landscape or decorative light emissions shall have at least 90% of their total distribution pattern within the profile of the illuminated structure.

(c)

Fixtures used to illuminate signs, including commercial billboard, building identification or other similar illuminated signs, shall comply with the following:

(1)

Top mounted external light fixtures shall have illumination levels plotted such that 100% of the beam angle used is not greater than the size of the externally illuminated signs, and are preferred over any other positioned light fixtures.

(2)

When top mounted external light fixtures are not feasible for good cause shown, illumination from other positioned light fixtures shall continue to be restricted to the sign area. Visors or other directional control devices shall be used to eliminate any spill light. Furthermore, when billboard or any other signage is viewed from the opposite side of that being illuminated, luminous portions of the light fixtures, and stray light, shall not be visible.

(3)

Internally illuminated light fixtures are discouraged. Refer to Subsection d4.

(4)

Fixtures that permit the illumination to flash, blink or rotate shall be prohibited.

Detailed plans are to be provided to illustrate floodlight distribution patterns. Once properly installed, the fixtures are to be aimed, permanently affixed, and maintained in the approved position according to the terms of approval outlined in the approving resolution.

Foundations supporting lighting poles installed less than two feet behind the curb, shall not be less than 24 inches off the ground.

Outdoor light fixtures for purposes of private, commercial, or industrial usage shall not be attached or mounted to public property (i.e. buildings, utility poles, telephone poles, street lights, road/street signs). Furthermore, these fixtures shall not tap or extend power from sources servicing public lighting and/or power devices.

To permit visual adaptation for motorists approaching commercial properties from adjacent low luminance areas, vertical luminances on the commercial and industrial properties in these locations shall be limited for internally illuminated signs and for externally illuminated signs and building surfaces used as signs.

Outdoor recreational and sports facility lighting shall be shielded from public view, as observed from outside the playing field. Such lighting shall have directional and glare control devices, when necessary, to comply with Subsection c. Lamps and/or light sources shall not be visible from residential properties.

All new outdoor fixtures installed after adoption of this subsection that serve one- and two-family dwellings and that have initial light outputs greater than 1500 lumens shall be outdoor enclosed light fixtures. Light fixtures with initial light outputs less than 1500 lumens such as decorative porch lights, wall sconces, post top lanterns and walkway fixtures may contain lamps and glass/plastic diffusing devices that extend beyond the opaque fixture enclosure. All outdoor light fixtures shall comply with the requirements as specified below:

(a)

Light distributions generated by light fixtures shall be confined to the property on which they are installed.

(b)

Outdoor light fixtures properly installed and maintained shall be directed so that there will not be any direct glare source visible from any adjacent residential property.

(c)

Light fixtures installed within any setback area, including front, rear or side yard setbacks, shall contain shielded devices to prevent light spill and glare upward and onto adjacent properties.

Light Trespass (Nuisance Light). All light fixtures, except street lighting maintained by a governmental authority, shall be designed, installed and maintained to prevent light trespass, as specified below.

Facade lighting on schools, hospitals and other public buildings or incident illumination occurring above the height of five feet above the property line of the subject property shall not exceed 0.1 footcandle in a vertical plane on residentially zoned property.

Outdoor light fixtures properly installed and thereafter maintained shall be directed so that there will not be any direct glare source visible from any property.

Note: Light fixtures near adjacent property may require special shielding devices to prevent light trespass.

Illuminations Requirements. Illuminance requirements shall be set forth below.

Street Lighting:

Category	Average Illuminance fc		Ratio fc
	Initial	Maintained	Average to Minimum
Residential Street Lighting Local	0.6 fc	0.4 fc	4 to 1
Street Lighting Collector	0.9 fc	0.6 fc	4 to 1
Commercial Street Lighting Local	1.3 fc	0.9 fc	4 to 1
Street Lighting Collector	1.7 fc	1.2 fc	4 to 1

On grade parking. Refer to Schedule A.[1]

[1]

Editor's Note: Schedule A, referred to herein may be found at the end of this subsection.

All other illuminance shall not exceed IESNA recommendations.

Internally illuminated signs shall not exceed 45 to 70 lums, as measured one foot away from signs.

When building surfaces are used as signs, the luminance values and surface reflectances shall be the same as those indicated for externally illuminated signs.

Outdoor Lighting Energy Conservation.

All outdoor lighting not essential for safety and security purposes or to illustrate changes in grade or material shall be activated by automatic control devices and turned off during non-operating hours.

(a)

Exterior retail and merchandise display lighting, e.g. automobile dealerships, nurseries/garden markets, shall be turned off between the hours of 10:00 p.m. and 6:00 a.m. Reduced levels of lighting in interior show or display windows may remain on for security purposes provided, however, that these levels shall not exceed 25% of the normal artificial lighting levels in the interior display or show windows.

(b)

Exterior lighting for recreational areas, athletic fields and courts shall not remain on after 10:00 p.m., except for exterior lighting located within and serving accredited educational institutions, which shall not remain on after 11:00 p.m.

(c)

Exterior security lighting shall be classified as one of the following:

(1)

Lighting Which Is Essential to Deter Vandalism and/or Break-Ins. This lighting shall be limited to exterior door locations. Fixtures used for normal operations at these locations must remain on. The fixtures shall be outdoor enclosed lighting fixtures. If window areas present possible break-in locations, reduced levels of interior lighting which is situated around the window may remain on as a night light source to illuminate a window. Night light levels shall not exceed 25% of the normal interior artificial lighting levels around the windows.

(2)

Normally Off Lighting That Is Activated by a Sensor or Detector. Typically, discharge lamp sources such as sodium vapor, mercury vapor, and metal halide are not instant start. Therefore, consideration should be given to using other lamp sources such as incandescent, tungsten halogen, and florescent which can be used for immediate activation. Normally off lighting activated by sensors or detectors shall be directed toward the vertical surfaces of buildings or objects of concern and shall not remain on for greater than five minutes after activation.

(3)

Lighting That Remains on for Surveillance Cameras. This lighting shall be confined to vertical building surfaces along the perimeter of a site, e.g. walls, trees, bushes. Illuminance levels for this lighting shall be coordinated with, and not exceed, the minimum illuminance threshold of the cameras being used. This data shall be provided with the submission of the plans, in accordance with subsection f below. Surveillance cameras used in conjunction with outdoor lighting shall require the minimum illuminance thresholds reasonably available.

All lighting shall be designed to prevent misdirected or excessive artificial light and to maximize energy efficiency in accordance with Subsection c above.

Submission of Plans. Plans and evidence of compliance shall include the following:

Description of outdoor lamp/luminaire combinations including component specifications such as lamps, reflectors, optics, angle of cutoff, supports, poles and include manufacturers catalog cuts.

Locations and descriptions of every outdoor enclosed light fixture and hours of operation, their aiming angles and mounting heights.

The initial horizontal and vertical illuminance shall be illustrated in footcandles (before depreciation). Illustrate relamping and cleaning cycles to arrive at maintained values of illumination. Separately state proposed maintained footcandles (horizontal and vertical):

(a)

Maximum;

(b)

Minimum;

(c)

Average, during operating and nonoperating hours;

(d)

Average to minimum uniformity ratio.

Computer generated photometric grid showing footcandle readings every 10 feet and the average footcandles. Depending upon the design application, this can be for either or both facade (vertical) or horizontal illumination levels.

Foundation details for light poles.

Post construction maintenance and monitoring program designed to demonstrate that fixtures are installed and maintained in accordance with the requirements of this subsection.

Prohibitions. Searchlights or flashing or animated signs are prohibited, other than as approved by the Township Committee. Lighting which significantly alters nighttime view sheds or vistas from existing residential or public properties is also prohibited.

Notifications. Any developer constructing new one- and two-family dwellings in the Township shall provide home purchasers with a copy of Subsection b8, which addresses lighting standards for one- and two-family dwellings.

Schedule A, Parking Lots
	Maintained Illuminance		Initial Illuminance
	Basic	Medium Security	Basic	Enhanced Security
Horizontal Illuminance
Minimum	0.2 fc	0.5 fc	0.3 fc	0.7 fc
Average	1.0 fc	2.5 fc	1.4 fc	3.6 fc
Uniformity Ratios
Average to Minimum	4:1	4:1	4:1	4:1
Maximum to Minimum	8:1	8:1	8:1	8:1

Minimum horizontal illuminance shall be no lower than 0.2 fc.

Average horizontal illuminance shall not exceed 2.5 fc.

For Typical Conditions. During periods of non-use, the illuminance of certain parking facilities should be turned off or reduced to conserve energy. If reduced lighting is to be used only for the purpose of property security, it is desirable that the minimum (low point) not be less than 0.1 fc. Reductions should not be applied to facilities subject to intermittent night use, such as apartments, hospitals, and active transportation areas.

High vehicular traffic locations should generally require the enhanced level of illumination. Exits, entrances, internal connecting roadways and such would be some examples.

§ 30-7.6 Open Space Performance Standards.

[Ord. No. 85-9, § 705; Ord. No. 90-2, § 2]

The following open space performance standards shall apply to all uses, as they are applicable.

General Provisions.

It is mandatory that the recorded plan and the deeds indicate that there shall be no additional development. The open space shall be restricted against any future building, development, or use except as is consistent with that of providing for open space for recreation, conservation, agriculture, and aesthetic satisfaction of the residents of the development or of the general public. Buildings or uses for noncommercial recreation, cultural, or agricultural purposes compatible with the open space objectives may be permitted only with the express approval of the Planning Board, following approval of the building, site, and operational plans by the Planning Board.

All documents pertaining to the conveyance and maintenance of the open space shall meet the approval of the Planning Board as to legal form and effect with recommendations from the Planning Board as to suitability for the proposed use of the open space and be approved by the Planning Board and governing body as part of the final plan approval.

Layout of Open Space Within the Agricultural Preservation District. A primary purpose of the open space within this district is to preserve agriculture lands for agricultural use. Therefore, the plan for open space areas shall clearly demonstrate that every effort has been made to provide a maximum amount of farmland preserved for agriculture. The Planning Board may recommend greater encroachment into areas of forests, slopes, or shorelines in order to maximize the protection of Class I, II or III agricultural soils. A plan which does not provide for the agricultural use of the majority of Class I, II or III soils shall not be deemed to meet the provision of this section. A planted buffer may be required between the residential areas and the open space retained for agricultural purposes where appropriate.

Open Space Design Standards.

Areas set aside for open space shall be suitable for the designated purpose and shall be consistent with the policy for future land use in the municipality. Any such area shall contain no structure other than a structure related to the purposes of open spaces. Where structures relating to open space or recreational activity are located in the developed open space, no more than 5% of that area, or 10,000 square feet, whichever is greater, may be converted to building areas. Structures relating to agricultural uses shall conform with the provisions of Use A-1, Subsections a1, 2, 3 and 4 in § 30-5.4.

Any land set aside as open space must be made subject to a deed restriction or agreement in a form acceptable to the Planning Board and governing body and duly recorded in the office of the Recorder of Deeds in and for Hunterdon County.

Methods of Conveyance and Maintenance. All open space shown on the final development plan as filed with the municipality and subsequently recorded in the office of the Recorder of Deeds of Hunterdon County must be conveyed in accordance with one or more of the following methods:

Dedication in Fee Simple to the Municipality.

(a)

The municipality may, at the discretion of the Planning Board and governing body, accept any portion or portions of the open space, provided:

(1)

If, upon the recommendation of the Planning Board, it is determined that such land is suitable regarding size, shape, location, and access, the governing body may determine that such lands will benefit the general public of the municipality;

(2)

The municipality agrees to and has access to maintain such lands;

(3)

The titles are conveyed to the municipality without cost; and

(4)

The governing body shall adopt a resolution accepting a deed of dedication from the land owner together with an account of monies as determined by the governing body which shall be deposited in a special municipal account that shall be used only for the purposes of maintaining the land.

Conveyance of title (including beneficial ownership) to a conservancy, corporation, association, funded community trust, condominium, individual or other legal entity:

(a)

The terms of such instrument of conveyance must include provisions suitable to the municipality assuming such organization shall guarantee:

(1)

The continued use of such land for the intended purpose in perpetuity;

(2)

Continuity of proper maintenance for those portions of the open space requiring maintenance;

(3)

Available funds required for such maintenance;

(4)

Adequate insurance protection;

(5)

Provision for payment of applicable taxes;

(6)

Recovery for loss sustained by casualty, condemnation, or otherwise;

(7)

The right of the municipality to enter upon and maintain such property at the expense of the organization in the event the organization fails to maintain the property; and

(8)

Such other covenants and/or easements to fulfill the purposes and intent of this chapter.

(b)

The following are prerequisites for a corporation or association.

(1)

It must be approved by the municipality, prior to final plan approval, and the linens recorded before any homes or dwelling units are sold, leased or otherwise conveyed;

(2)

Membership must be mandatory for each buyer and/or lessee. The organizational paper shall specify the voting rights as per adult, per unit, or per bedroom. The organizational papers shall set forth the manner and time of transference of the organization and its assets from developer to home-owner.

(3)

It must be responsible for liability insurance, taxes, recovery for loss sustained by casualty, condemnation, or otherwise, and the maintenance of recreational and other facilities.

(4)

Members or beneficiaries must pay their pro rata share of the costs, and the assessment levied can become alien on the property, including any maintenance and associated administrative costs incurred by the municipality.

(5)

It must be able to adjust the assessment to meet conditions by a stated margin of votes.

(6)

Such corporation or association shall not be dissolved nor shall it dispose of the open space by sale or otherwise, except to an organization conceived and established to own and maintain the open space. The corporation or association must first offer to dedicate the open space to the municipality before any such sale or disposition of the open space.

(c)

The dedication of open space, streets, or other lands in common ownership of the corporation, association, individual, or other legal entity or the municipality shall be absolute and not subject to reversion for possible future use for further development.

By conveyance of the restrictive covenants, conservation easements, or other legal device to a municipality or a conservancy, corporation, funded community trust, or other legal entity, the open space may remain totally lotted off to adjacent fee simple lots, provided:

(a)

The terms of such instrument of conveyance must include provisions to the municipality for guaranteeing:

(1)

The continued use of such land for the preservation of open space;

(2)

Such other conveyance and/or easement that the municipality shall deem desirable to fulfill the purposes and intent of this chapter.

(b)

The following are prerequisites for the conveyance of easements, etc.;

(1)

Such conveyance of the total easements, etc., must transpire prior to any lots or dwelling units being sold, leased, or otherwise conveyed;

(2)

Each owner of the open space shall be responsible for liability insurance, insurance, taxes, recovery of loss sustained by casualty, condemnation, or otherwise, and the general maintenance thereon.

Conveyance of title to an individual for agricultural purposes:

(a)

Open space may be retained by the original landowner, subdivided, or sold separately provided the terms of the instrument of conveyance include provisions suitable to the municipality which shall guarantee:

(1)

The continued use of such land for the preservation of open space in perpetuity; and

(2)

Such other conveyance and/or easement that the municipality shall deem desirable to fulfill the purposes and intent of this chapter.

Specific Use Regulations for Common Open Space.

No motor vehicle usage in the open space area shall be permitted except for maintenance or agricultural purposes.

No cutting of any trees or destruction or removal of vegetation, rocks, or soil shall be permitted unless in accordance with a landscape improvement plan or agricultural use approved by a majority vote of the association of property owners, if applicable, pursuant to review and approval by the Planning Board. Such plan shall be in accordance with all other applicable sections of this chapter.

No alteration of any stream, pond, or lake shall be permitted unless in accordance with plan approved by a majority vote of the association of property owners, if applicable, pursuant to review and approval by the Planning Board. Such plan shall be in accordance with other applicable sections of this chapter and all applicable regulations of the New Jersey Department of Environmental Protection.

No structures shall be erected unless in accordance with a plan approved by a majority vote of the association of property owners, if applicable, pursuant to review and approval by the Planning Board. Such plan should be in accordance with all other applicable sections of this chapter.

Conservation Sewerage Easement. No sewage disposal system shall be located within designated common open space or natural resource protection land resulting from a subdivision or site plan unless a conservation sewerage easement has been designated. Such easement shall provide for future expansion of the disposal area and provide right of access by the managing organization and municipality.

Stormwater Management Easement. No stormwater management system shall be located within designated common open space or natural resource protection land resulting from a subdivision or site plan unless a stormwater management easement has been designated. Such easement shall provide for future expansion of the stormwater management area and provide right of access by the managing organization and municipality.

§ 30-7.7 Fire Protection; Firefighting Water Supply.

[Ord. No. 2004-3, § I]

Fire Protection Water Storage Tanks Required in Residential Developments Not Directly Served by Public Water as Evidenced by a "Will Serve" Letter from the Appropriate Local Water Utility.

Residential developments having four through 10 units shall provide one underground fire protection water storage tank, including its valves, fittings and piping (hereinafter "tank system(s))" of at least 30,000 gallons.

Residential developments having 11 through 20 units shall provide two underground fire protection water storage tank systems of at least 30,000 gallons each.

Residential developments having more than 20 units shall provide three underground fire protection water storage tank systems of at least 30,000 gallons each.

Residential developments having more than 30 units shall provide fire protection water storage tank systems in accordance with the recommendations of the Township Engineer in consultation with the applicable fire company and other appropriate fire protection experts.

Fire Protection Water Storage Tank Systems Required in Commercial or Industrial Developments Not Served by Public Water.

Commercial or industrial developments having structures with an aggregate floor area of greater than 20,000 square feet, but less than 50,000 square feet shall provide one underground fire protection water storage tank system of at least 30,000 gallons.

Commercial or industrial developments having structures with an aggregate floor area of greater than 50,000 square feet, but less than 75,000 square feet shall provide two underground fire protection water storage tank systems of at least 30,000 gallons each.

Commercial or industrial developments having structures with an aggregate floor area of greater than 75,000 square feet shall provide three underground fire protection water storage tank systems of at least 30,000 gallons each.

Commercial or industrial developments having structures with an aggregate floor area of greater than 100,000 square feet shall provide fire protection water storage tank systems in accordance with the recommendations of the Township Engineer in consultation with the applicable fire company and other appropriate fire protection experts.

The location of each tank system in a commercial or industrial development shall be in an appropriate easement area acceptable to the Township Engineer in consultation with the applicable fire company and/or other appropriate fire protection experts.

Requirements Applicable to All Fire Protection Water Storage Tank Systems for All Uses.

All underground fire protection water storage tank systems shall be located within an easement area in or along the public right-of-way and adjacent to the cartway. There shall also be a pull-off area adjacent to the cartway measuring 12 feet wide and 50 feet in length with adequate paved tapers at each end. A recorded easement shall be provided for any portion of the pull-off area and tank system location outside of the right-of-way. All water tank systems shall be subject to periodic inspection by the Township or its designee, in their uncontrolled discretion, and the Township or its designee shall have the unrestricted right to access to the tank system for inspection purposes and in the event of a fire emergency, for firefighting purposes.

The exact design, location and installation of fire protection water storage tank systems shall be subject to site plan review and shall be approved by the appropriate reviewing agencies after a final determination of adequacy has been made by the Township Engineer in consultation with the fire company or fire commissioners having jurisdiction of the area serviced by the tanks and/or other appropriate fire protection experts. As-built drawings in both hard copy and GIS format shall be provided by the developer to Union Township, as well as to designated local fire companies.

All underground fire protection water storage tank systems shall be equipped with a standpipe of a diameter and fittings that are compatible with firefighting apparatus of the responding fire department. In this regard, the applicant shall secure, in writing, approval from the responding fire department of the tank design, location, standpipe and fittings. This approval must be obtained prior to installation and prior to final site plan or subdivision approval.

The draft connection at each tank shall be a 4 1/2 inch National Standard Hose Thread. Riser connections and fittings of all tanks shall be capable of producing 1,000 gallons per minute for a minimum of 90% of the tank capacity, and the ability to deliver a minimum flow of 250 gallons per minute for a minimum duration of two hours from the water source.

All tank systems shall include a system for maintaining a refill capacity and shall be equipped with means for preventing accumulations of silt and debris. Self-filling tank is to be utilized and if some other method of filling is used, documentation is to be provided to the Municipal Engineer.

Maintenance and Replacement of Tank Systems.

(a)

Maintenance of water quality and quantity, and of tank systems following the expiration of the maintenance guarantees shall, in the case of residential developments, be the sole responsibility of the homeowners' association and in the case of commercial or industrial developments be the sole responsibility of the owner or owners of the development in which the tank systems are located. It shall be the responsibility of the developer and its successor homeowner association to establish and maintain a dedicated fund for the maintenance and eventual replacement of all tank systems or parts thereof in the residential, commercial or industrial development. Such fund shall be audited annually by a certified public accountant or a registered municipal accountant and a report of audit shall be furnished to the Township on or before April 1 of each year.

(b)

In the alternative, the Township may, at its discretion, agree to accept payments, in amounts to be determined, from the developer and the successor homeowner association in lieu of performance obligations imposed under Subsection c6(a).

(c)

In the event that a residential developer or homeowners' association, or a commercial or industrial developer or property owner, which has responsibility for the maintenance and replacement of any tank systems, fails to do so, the township shall have the right in its sole and absolute discretion to enter onto the tank systems easement area and to cause the necessary maintenance and/or replacement of the tank systems to be accomplished, and the pro rata cost thereof as certified by the Township Engineer shall be charged against each of the properties in the development, and shall be a lien upon the respective properties and collectible in the same manner as real property taxes.

Maintenance for the area around the tank systems shall be the sole responsibility of the adjoining property owner. Every application for development of real property shall make adequate provision by way of restrictive deed covenant providing for this obligation.

Use of water in the tank systems for any purpose other than fire protection is prohibited.

Signs indicating "No Parking or Standing" within 100 feet shall be placed at each tank system location on both sides of the street. The signage shall meet applicable State and Township regulations. Markings on the pavement prohibiting parking shall also be required.

10.

Where access to a tank system may be a concern, the road or street shall be widened as required by subdivision or site plan approvals.

11.

The tank system(s) shall be anchored in place such that they will not shift when water is being filled or drained, nor when a tank is empty.

12.

Water storage tank systems may be constructed only of materials approved by the Township Engineer.

13.

The developer shall be responsible for the initial fill of each tank system and the water for the initial fill of each tank system shall come from a source outside of Union Township.

14.

The developer shall be responsible for obtaining all construction and other permits required for each tank system.

§ 30-7.8 Historic and Cultural Resource Conservation Standards.

[Ord. No. 89-11, § 1; Ord. No. 92-11, § 1]

The following historic and cultural resource conservation standards shall apply to all historic and cultural resources located within the Township as designated by the master plan or identified by the Planning Board's Historic Preservation Committee.

Density Bonus for Historic and/or Cultural Resource Conservation. Whenever an application for development of property is submitted to the Township, whereupon there exists an identified cultural or historical resource as determined by the Township master plan or by the Historic Preservation Committee, and provided that the owner of said property agrees in writing to restore and permanently conserve said resource in its existing location on the site including appropriate appurtenant land surrounding said resource, then the following provisions shall apply:

The total permitted level of development on the tract in terms of the maximum density, as defined herein and in N.J.S.A. 40:55D-4, may be increased to the extent deemed appropriate by the Planning Board provided:

(a)

In the event that restoration is required, the developer may be granted, at the sole discretion of the Planning Board, one or more additional dwelling units. The actual number of additional dwelling units, if any, shall be determined by the Planning Board and may be dependent in part, upon the estimated cost to restore and conserve said resource and/or other relevant factors as deemed appropriate by the Planning Board.

(b)

The restoration and/or conversion of an historic structure or cultural resource shall be undertaken in a manner that is consistent in both materials and the architectural style and design of the historic structure or cultural resource to be conserved. The developer shall restore the historic structure as recommended by the Planning Board upon advisement by the Historic Preservation Committee, unless said provision is waived by the Planning Board.

(c)

Documentation that the existing or proposed well and septic system can accommodate the additional unit demands shall be provided, and if said systems are to be used in common, an agreement for said purpose shall be prepared to the satisfaction of the Planning Board Attorney.

(d)

Second floor stairways and/or fire escapes shall not be permitted on the exterior of a building unless and until the design and location is specifically approved by the Planning Board upon recommendation of the Historic Preservation Committee, and said improvement meets all applicable building codes.

§ 30-7.9 Impact Statement.

[Ord. No. 90-7, § 1; Ord. No. 2003-4, § I]

The impact generated by subdivision, land development, and other projects necessitates a comprehensive analysis of the variety of potential problems that may result and the actions that can be taken to minimize these problems. In order to effectively evaluate the consequences or effects of certain projects proposed in the Township, an impact statement report shall be submitted together with preliminary plans for the following:

All nonresidential developments consisting of 10,000 square feet of gross floor area or greater.

All residential developments consisting of 10 dwelling units or 50 acres or greater.

In order to encourage the thorough preparation of an impact statement, the applicant may use the components of the impact statement report to satisfy the reporting requirements of the Land Use Code, provided, however, that a list of the sections of the zoning ordinance that are proposed to be satisfied by the impact statement shall be submitted with the impact statement report.

Twenty-five copies of the impact statement report shall be submitted with the preliminary plans. Within the impact statement, specific emphasis shall be directed toward the proposed project's effects on and relationship to applicable site, neighborhood, and Township-wide resources, conditions or characteristics. This impact statement shall be a checklist item in determining the completeness of an application for preliminary plan approval.

Definitions. For the purpose of an impact statement, the following definitions shall apply:

ADVERSE ENVIRONMENTAL IMPACTS

Shall mean an impact which contributes to a harmful or degraded condition and/or produces an environmental harm or degradation. Adverse environmental impacts may include: A negative impact on surrounding land uses; negative impacts which are contrary to the master plan for the Township and the intent of the Land Use Code; negative impacts which may create a threat to the public health, safety and general welfare; and negative impacts on physical and biological resources.

ALTERNATIVES

Shall mean choices between or among two or more plans, layouts, approaches, solutions or results.

BENEFICIAL EFFECTS

Shall mean results contributing to an improvement in condition and/or producing a favorable result such as making a use more compatible with the intent of the Land Use Code and the goals of the master plan and promoting the public health, safety and general welfare.

BIOLOGICAL RESOURCES

Shall mean characteristics of the natural environment manifest in its flora and fauna. The disposition of these characteristics is typically expressed in vegetation and/or wildlife units such as: field and meadow; tree, woodland or forest stands and related understory and ground cover growth; and aquatic and terrestrial wildlife and/or their habitats.

COMMUNITY FACILITIES

Shall mean the services which provide for various community health, education, safety, leisure, and like needs and the locations at which these services are provided. Typical community facilities include: schools; parks and recreation areas; libraries; hospitals and other health-care facilities; fire protection; police protection; ambulance and rescue services; and postal services.

CULTURAL ENVIRONMENT

Shall mean a representation of man's influence on land and/or water through the use, organization, adornment and maintenance of property and structures.

DEMOGRAPHIC CHARACTERISTIC

Shall mean characteristics related to the distribution, density and vital statistics of populations.

DEVELOPMENT

Shall mean the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any building or other structure, or 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 pursuant to the Municipal Land Use Code.

ECONOMIC AND FISCAL CHARACTERISTICS

Shall mean characteristics related to the expenditures and revenues in conjunction with the management of income of a household, private business, community, association, and/or government.

ENVIRONMENT

Shall mean the conditions, resources and/or characteristics which exist within and surround the area to be affected by a proposed project including, but not limited to: natural elements such as land, water, air, minerals, natural flora and natural fauna; and man-made components such as objects of historic or aesthetic significance, infrastructure, and man-related attributes of a social and economic nature.

HISTORIC RESOURCES

Shall mean sites, areas, structures, trails and/or routes which are valued due to their significance as examples and/or location of events, customs, skills, and/or arts of the past.

IMPACT

Shall mean the power of an event or condition to produce changes in other conditions. In the context of impact exerted on the environment, changes which affect existing conditions and/or quality are of greatest concern.

IMPACT STATEMENT REPORT

Shall mean an assessment which objectively describes, analyzes, and documents both the beneficial and adverse environmental and cultural effects of a proposed project and the measures to be undertaken to mitigate adverse effects in accordance with the provisions set forth in the Land Use Code.

INFRASTRUCTURE

Shall mean the basic installations and facilities on which the continuance and growth of a community depend such as roads, schools, electrical transmission facilities, transportation and communication systems, and sewer and water systems.

LONG TERM EFFECTS

Shall mean results which are manifest for or extending over a period of greater than two years.

MITIGATION

Shall mean the act of precluding a potentially adverse effect and/or making a potentially adverse effect less severe through measures which will improve a condition and/or lessen the impact.

NATURAL ENVIRONMENT

Shall mean a composition of land, water, and/or air presented by its inherent physical and biological properties.

PHYSICAL RESOURCES

Shall mean characteristics of the natural environment manifest in its: landforms, soils, geological structure of surface and/or subsurface rock, minerals, natural bodies of water and/or man-made impoundments, watercourses, groundwater, and the like. The disposition of these characteristics is typically expressed in physiograhic, topographic and/or hydrologic units such as rock formations, slope elevation, soil types, watersheds, surface water types, wetlands, floodplains, aquifers or aquifer recharge areas and the like.

PRIMARY EFFECTS

Shall mean results of a direct nature which have a principal influence on a particular condition.

PROJECT

Shall mean a subdivision, land development, or other development involving the construction alteration of buildings or other structures, or the grading of land.

SECONDARY EFFECTS

Shall mean results of an indirect nature which have an influence on a particular condition or state derived from a primary effect.

SHORT TERM EFFECTS

Shall mean results which are manifest for or extending for a period of two years or less.

VISUAL RESOURCES

Shall mean characteristics of the natural environment and/or cultural environment which are visible. The visual resources of a particular area are typically expressed in terms of their visibility, character, and/or attractiveness relative to their amenity value and/or quality.

The impact statement report shall include test, tables, maps and analyses for the purpose of describing the project site, proposed use(s), and the impacts of the proposal as follows:

Overview. Indicate the purpose and scope of the proposed project. Enumerate the benefits to the public which will result from the proposed project and describe the suitability of the site for the intended use. A brief description of the proposed project shall be presented to indicate the extent to which the site must be altered, the kinds of facilities to be constructed, how they are to be considered, and the uses intended. The resident population and working population shall be projected. The basis of these projections must be clearly stated in the report.

Compatibility. The compatibility or incompatibility of the proposed project shall be described in relation to the Township Land Use Code, Township master plan, County and State planning guides, and other pertinent planning documents.

Location. An identification of the site location and area through the use of a location map drawn at a scale of not more than one inch equals 1,000 feet. The location map shall depict all streets, adjoining properties, zoning district boundaries and municipal boundaries within 2,500 feet of any part of the tract.

Description of the Project. An identification of the nature of the proposed development through the presentation of the following:

(a)

A site development plan including notes pertaining to the number and type of lots or units, the square footage and/or acreage of the tract, and a depiction of the features which are proposed such as streets, driveways, parking areas, buildings, and other structures, and all impervious surfaces.

(b)

Floor plans and elevations depicting the proposed size, square footage, height, and number of buildings and/or other structures.

(c)

A statement indicating the existing and proposed ownership of the tract and where applicable, the type of ownership, operation and maintenance proposed for areas devoted to open space.

(d)

A statement indicating the proposed staging or phasing of the project and a map depicting the boundaries of each stage or phase of the project.

Physical Resources Inventory. An identification of physical resources associated with the natural environment of the tract including such features as geology, topography, soils, hydrology and the like. The identification of physical resources shall include a narrative description of the qualitative aspects of each of the resources mentioned above. In addition, these resources shall be mapped as specified below and may be either incorporated into the impact statement report or submitted as attachments to the report.

(a)

A map depicting the geological characteristics of the tract. Such map shall define the location and boundaries of the rock formations at or influencing the tract and features such as faults and fractures.

(b)

A map depicting the topographic characteristics of the tract. Such map shall contain contours with two foot intervals and shall depict slopes in the following categories: 0% to 10%, 10% to 15%, 15% to 20%, and 20% and greater.

(c)

A map depicting the soil characteristics of the tract. Such map shall depict all soil types and shall include a table identifying soil characteristics pertinent to the proposed project such as prime agricultural soils in the AP District, depth to bedrock, depth of water table, flood hazard potential, and limitations for on-site sewerage disposal. List and describe each soil type found on the site. If applicable, provide percolation data. Where the proposed area of land disturbance will involve soils with moderate or severe limitations (as per the Hunterdon County Soil Survey) relative to the type of project proposed, a complete mapping of all soil types on the site shall be required indicating where those moderate and severe limitations exist.

(d)

A map depicting the hydrological characteristics of the tract. Such map shall depict: surface water resources, their drainage characteristics, watersheds and floodplains, and groundwater resources. Surface water resources include features such as creeks, runs and other streams, ponds, lakes, and other natural bodies of water, springs, wetlands, and any man-made impoundments. Groundwater resources include features such as aquifers and aquifer recharge areas.

Biological Resources Inventory. An identification of biological resources associated with the natural environment of the tract including such features as vegetation and wildlife. The identification of biological resources shall include a narrative description of each of the resources mentioned above. In addition, these resources shall be mapped at a scale of not smaller than 100 feet to the inch, as specified below; and may be either incorporated into the impact statement report or submitted as attachments to the report.

(a)

A map depicting the vegetation characteristics of the tract. Such map shall define the locations and boundaries of the woodland and forest areas of the tract and shall note the types of vegetation associations which exist in terms of their species types and sizes. In addition, all trees 10 inches in diameter or greater shall be accurately located and identified on the map whether they are free-standing trees or tree masses.

(b)

A map depicting characteristics associated with wildlife habitats. Such map may draw upon vegetation, hydrology, and soils maps in order to express habitat characteristics associated with terrestrial and aquatic wildlife on the tract and the relationship of the overall habitat(s).

Land Use Inventory. An identification of the land use conditions and characteristics associated with the tract such as: current and past use, land cover and encumbrances, and the relationship of these to adjacent tracts. The identification of land use conditions and characteristics shall include a narrative description of the above. In addition, the following maps drawn at a scale of not smaller than 100 feet to the inch shall be incorporated into the impact statement report or submitted as attachments thereto:

(a)

A map depicting the land cover characteristics of the tract. Such map shall define existing features including: impervious surfaces, tract encumbrances (easements, etc.), wooded areas, cultivated areas, pasture, old fields, lawn and landscaped areas, and the like.

(b)

A map depicting surrounding land uses within 500 feet of the proposed tract. Such map may be at the same scale as the location map.

Surface Water Inventory. Describe existing watercourses and waterbodies that are partially or totally on the site and their relationship to the area of land disturbance. Calculate existing surface water runoff from the site and the associated watershed, including the potential development of the remainder of the watershed. When natural drainage patterns will be significantly altered, an analysis shall be conducted which will investigate flow, depth, capacity, and water quality of the receiving waters. Floodplains shall be delineated in accordance with the Department of Environmental Protection. Existing drainage structures shall be mapped and the capacity of the drainage network shall be determined. Additionally, wetlands as per the Department of Environmental Protection and their appropriate buffers shall be defined and delineated.

Subsurface Water Inventory. Describe the subsurface water conditions on the site both in terms of depth to groundwater and water supply capabilities of the site. Where existing conditions warrant, provide detailed information regarding existing wells within 1,000 feet of the site relative to depth, capacity, and water quality. Discuss the water supply capabilities of the adjacent areas and the recharge capabilities of the site.

10.

Historic Resources Inventory. An identification of the man-made resources associated with or within 500 feet of the tract which are older than 50 years. Areas, structures, and/or routes and trails included in the Township of Union Master Plan, the Hunterdon County Master Plan Sites of Historic Interests, and the State and National Registers of Historic Places shall be identified. The identification of historic resources shall include a narrative description of the above. In addition, a map drawn at a scale of not smaller than 100 feet to the inch depicting historic resources shall be incorporated into the impact statement or submitted as an attachment to the report.

11.

Visual Resources Inventory. An identification of the visual resources associated with the tract such as areas which have a particular amenity value and areas which offer interest in viewing the tract. The identification of visual resources shall include a narrative description of the above. In addition, a map drawn at scale of not smaller than 100 feet to the inch depicting visual resources shall be incorporated into the impact statement or submitted as an attachment to the report.

12.

Community Needs Inventory. An identification of the community facility needs associated with the users and/or residents of the proposed development. The community facility needs assessment shall indicate in narrative form the type of services which will be in demand. Where applicable, community facilities (such as schools, park and recreation areas, libraries, hospitals and other health care facilities, fire protection, police protection, ambulance and rescue service and postal services) shall be discussed in terms of the ability of existing facilities and services to accommodate the demands of future users and/or residents of the tract and the need for additional or expanded community facilities.

13.

Utility Needs Inventory. An identification of the utility needs associated with the users and/or residents of the proposed project. The utility needs assessment shall indicate in narrative form the type of installations which will be in demand. Utilities (such as those used for water supply, sewage disposal, refuse disposal, stormwater drainage, communications, and electrical transmission) shall be discussed in terms of: the ability of the existing utility installations to accommodate the demands of the future users and/or residents of the tract; the need for additional or expanded utility installations; the ability to achieve an adequate, potable quantity of water; the ability to achieve an adequate system for on-site sewage disposal whenever such a system is proposed; and the ability to achieve an adequate system for storm drainage and stormwater management. Certificates from the utilities confirming that adequate capacity exists to service the proposed development shall be included.

14.

Transportation System Inventory. An identification of the relationship of the transportation and circulation system needs network. A discussion of this relationship shall be in narrative form and shall indicate factors such as methods to be used for traffic control within the tract and at points of ingress to and egress from it and expected traffic volumes generated from the project including their relationship to existing traffic volumes on existing streets for both peak hour and non-peak hour traffic conditions. In addition, there shall be a discussion of the physical conditions of the existing streets which will service the proposed project and what improvements are proposed to remedy any physical deficiencies.

15.

Demographics. An identification of the demographic characteristics related to the proposed development. The characteristics which shall be presented in narrative form shall include a profile of the future users and/or residents of the tract including information such as the number of people expected. Such information shall be related to initial and completed project conditions.

16.

Fiscal Impact. An identification of the economic and fiscal characteristics which shall be presented in narrative form shall include a profile of the Township, County and school district revenues which the proposal may generate and the Township, County and school district costs it may create. Such information shall be related to initial and completed project conditions.

17.

Existing Conditions. An identification of characteristics and conditions associated with existing, construction related, and future air and water quality and noise levels, vibration, toxic materials, electrical interference, odor, glare and heat, fire and explosion, smoke, dust, fumes, vapors and gases, and/or radioactive materials.

18.

Environmental Protection Standards. An identification of compliance with environmental protection standards and site capacity calculations as described in § 30-6 of the Land Use Code.

19.

Licenses and Permits. An identification of all licenses, permits or other approvals required by law for the development and the status of each.

20.

Impacts Inventory. The report shall state the implications of the proposed project in terms of the type of beneficial or adverse effects which may result from it and the duration of these effects in terms of their short-term or long-term nature. To indicate such effects, there shall be a discussion of the implications of the proposed project to the resources, conditions, and characteristics described above. In addition to a narrative presentation of implications, the applicant shall display where the project adversely affects the tract's resources, conditions or characteristics through the use of a map drawn at a scale of not smaller than 100 feet to the inch, wherein the areas adversely affected from the proposed development are highlighted.

21.

Alternative Analysis. Alternatives within the project which would preclude, reduce or lessen potential adverse impacts or produce beneficial effects shall be discussed. To indicate such alternatives, the applicant shall submit exhibits or diagrams which will depict the type of alternatives described in narrative form. The applicant shall comment on alternatives such as: revised location, design, layout or siting of buildings, roads and other structures and the reduction in the size of the proposed structures or number of structures.

22.

Adverse Impacts. Probable adverse effects which cannot be precluded, including: water quality and quantity, air quality, noise, undesirable land use patterns, damage or destruction of significant plant or wildlife systems, aesthetic values, destruction of natural resources, displacement of people and businesses, displacement of viable farms, employment and property taxes, destruction of man-made resources, disruption of desirable community and regional growth, and health, safety and well being of the public. In indicating such effects, a discussion shall be presented regarding whether they will have primary or secondary implications, that is, whether the adverse effects will have a direct or indirect influence on a particular resource, condition, or characteristic.

23.

Mitigation Measures. Measures to mitigate adverse effects. To indicate such measures, the applicant shall submit exhibits or diagrams which will depict the type of remedial, protective and mitigative measures described in narrative form. These measures shall include those required through existing procedures and standards, and those unique to a specific project as follows:

(a)

Mitigation measures which pertain to existing procedures and standards are those related to current requirements of the State, County and/or Township for remedial or protective action such as: soil erosion and sedimentation control plan, stormwater management plan, water quality control and air quality control.

(b)

Mitigation measures related to impacts which may be unique to a specific project are those related to efforts such as: revegetation, screening, fencing, emission control, traffic control, noise control, relocation of people and/or businesses, and land acquisition.

24.

Irreversible Impacts. Any irreversible environmental changes which would occur due to the proposed project should it be implemented. To indicate such changes, the use of nonrenewable resources during the initial and continued phases of the project shall be discussed. Further, the loss of environmental resources shall be indicated through a presentation of the quantity of loss and relative qualitative effects.

25.

Conclusion. The impact statement shall include a summary/conclusion statement at the end of the report.

In making its evaluation, the Planning Board may request any additional information it deems necessary to adequately assess the potential impacts. Whenever any information required in this subsection is assumed not directly applicable to the proposed project, the applicant may indicate such assumed inapplicability in the narrative of the impact statement and state which such information is considered to be inapplicable in the case of the particular project in question.

The impact statement report shall be prepared by a planner certified by the American Institute of Certified Planners or its equivalent and licensed as a Professional Planner in the State of New Jersey in collaboration with other licensed professionals. All persons who participate in preparing the report shall be identified and their qualifications stated. All sources of information shall be identified when presented and a bibliography shall be attached to the report. All work in the report shall be in conformity with recognized planning, engineering, and architectural practices and principles.

The Planning Board shall not approve the project unless they determine and find the proposed development:

Consistent with the Township master plan;

Conforms to all requirements of the Township's Land Use Code and all other ordinances, codes, permit conditions, and regulations;

Will not adversely affect the health, safety and general welfare of the residents of the Township and of surrounding municipalities;

Promotes the harmonious and orderly development of the zoning district involved;

Will not result in appreciable harmful effects to the environment;

Has been designed and conceived with a view toward the protection of resources;

Compatible with the character and type of development existing in the area which surrounds the site in terms of size, scale, height and bulk of the proposed uses, and the size, shape and placement of the buildings and other structures;

Will not detract from or cause harm to neighboring properties;

Reflects sound engineering and land development design and construction principles, practices and techniques;

10.

Compatible with the uses permitted in the surrounding area in terms of the density and/or intensity of land use;

11.

Reflects effective site planning and design in terms of energy efficiency and environmental protection;

12.

Provides safe and efficient access to roads and will not create traffic congestion, hazardous traffic conditions, or excess traffic volumes;

13.

Provides improvements needed to guarantee compatibility with adjoining roads and properties;

14.

Provides continuity of existing circulation systems including roads, sidewalks, trails, and other walkways.

15.

Provides adequate off-street parking and loading areas which will be minimally visible and audible from adjoining public streets and neighboring properties;

16.

Utilizes effective stormwater management techniques and soil erosion and sedimentation control techniques which are in character with and complimentary to the proposed site grading and landscaping;

17.

Preserves, to the maximum extent possible, woodlands and other trees existing on the site;

18.

Will not be disruptive to surface water resources and groundwater resources;

19.

Include landscaping, in addition to that around the buildings and structures, in areas which are highly visible to the public such as entrances, along roads, trails and walkways, where the use of trees, shrubs, flowers and ground cover would be both functional and decorative; and

20.

Will not, individually or collectively, place a disproportionate or excessive demand upon the total resources available for such proposal and for any future proposal.

§ 30-8 SIGNS. [1]

[1]

Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 85-9 and 86-4.

§ 30-8.1 Short Title.

[Ord. No. 2007-9, § 1]

This section shall be known as the "Sign Regulations of the Township of Union, Hunterdon County, New Jersey."

§ 30-8.2 Purpose, Intent and Scope.

[Ord. No. 2007-9, § 1]

It is the purpose of this section to promote the public health, safety and general welfare through reasonable, consistent and nondiscriminatory sign standards. The sign regulations in this section are not intended to censor speech or to regulate viewpoints, but instead are intended to regulate the secondary effects of speech and especially insofar as those secondary effects may adversely affect aesthetics and traffic and pedestrian safety. In order to preserve and enhance the Township as a desirable community in which to live and do business, a pleasing, visually attractive environment is of foremost importance. The regulation of signs within the Township is a highly contributive means by which to achieve this desired end. These sign regulations have been prepared with the intent of enhancing the visual environment of the Township and promoting its continued well-being, and are intended to:

Encourage the effective use of signs as a means of communications in the Township;

Maintain and enhance the aesthetic environment and the Township's ability to attract sources of economic development and growth;

Improve pedestrian and traffic safety;

Minimize the possible adverse affect of signs on nearby public and private property;

Foster the integration of signage with architectural and landscape designs;

Lessen the visual clutter that may otherwise be caused by the proliferation, improper placement, illumination, animation, excessive height, and excessive size (area) of signs which compete for the attention of pedestrian and vehicular traffic;

Allow signs that are compatible with their surroundings and aid orientation, while precluding the placement of signs that contribute to sign clutter or that conceal or obstruct adjacent land uses or signs;

Encourage and allow signs that are appropriate to the zoning district in which they are located and consistent with the category of use and function to which they pertain;

Curtail the size and number of signs and sign messages to the minimum reasonably necessary to identify a residential or business location and the nature of any such business;

Establish sign size in relationship to the scale of the lot and building on which the sign is to be placed or to which it pertains;

Categorize signs based upon the function that they serve and tailor the regulation of signs based upon their function;

Preclude signs from conflicting with the principal permitted use of the site and adjoining sites;

Regulate signs in a manner so as to not interfere with, obstruct the vision of or distract motorists, bicyclists or pedestrians;

Except to the extent expressly preempted by State or Federal law, ensure that signs are constructed, installed and maintained in a safe and satisfactory manner, and protect the public from unsafe signs;

Preserve, conserve, protect, and enhance the aesthetic quality and scenic beauty of all districts of the Township;

Allow for traffic control devices consistent with national standards and whose purpose is to promote highway safety and efficiency by providing for the orderly movement of road users on streets and highways, and that notify road users of regulations and provide warning and guidance needed for the safe, uniform and efficient operation of all elements of the traffic stream;

Protect property values by precluding to the maximum extent possible sign-types that create a nuisance to the occupancy or use of other properties as a result of their size, height, illumination, brightness, or movement;

Protect property values by ensuring that sign-types, as well as the number of signs, are in harmony with buildings, neighborhoods, and conforming signs in the area;

Regulate the appearance and design of signs in a manner that promotes and enhances the beautification of the Township and that complements the natural surroundings in recognition of this Township's reliance on its natural surroundings and beautification efforts in retaining economic advantage for the community;

Preserve and enhance the rural and historic character of the Township; and

Enable the fair and consistent enforcement of these Sign Regulations.

§ 30-8.3 Definitions.

[Ord. No. 2007-9, § 1]

All words used in this section shall carry their customary dictionary meanings, except that the following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

ABANDONED OR DISCONTINUED SIGN OR SIGN STRUCTURE

Shall mean a sign or sign structure is considered abandoned or discontinued when its owner fails to operate or maintain a sign for a period of six months or longer. The following conditions shall be considered as the failure to operate or maintain a sign: (1) a sign displaying advertising for a product or service which is no longer available or displaying advertising for a business which is no longer licensed, or (2) a sign which is blank.

ADVERTISING

Shall mean sign copy intended to aid, directly or indirectly, in the sale, use or promotion of a product, commodity, service, activity, entertainment, or real or personal property.

AGRICULTURAL SIGN

Shall mean a sign in a WM, CM, AP VT, or RM District with a permitted agricultural use and whose function is exclusively for advertising for the normal, incidental and customary sale of products, produce or livestock raised on the premises.

ANIMATED SIGN

Shall mean a sign which includes action, motion, or color changes, or the optical illusion of action, motion, or color changes, including signs set in motion by movement of the atmosphere, or made up of a series of sections that turn.

ARTWORK

Shall mean a two- or three-dimensional representation of a creative idea that is expressed in a form and manner as to provide aesthetic enjoyment for the viewer rather than to specifically convey the name of the business or a commercial message about the products or services offered on the property upon which the artwork is displayed.

ATTACHED SIGN

Shall mean a wall sign, a marquee sign, a window sign, but not a canopy sign.

BANDIT SIGN

See Snipe sign.

BANNER

Shall mean any sign or string of one or more signs, usually made of cloth or other lightweight material, which is used to attract attention, whether or not imprinted with words or characters, including but not limited to balloons and pennants. Flags shall not be considered banners.

BEACON

Shall mean a stationary or revolving light which flashes or projects illumination, single color or multicolored, in any manner which has the effect of attracting or diverting attention, except, however, this term does not include any kind of lighting device which is required or necessary under the safety regulations of the Federal Aviation Administration or other similar agency. This definition does apply to any similar type of lighting device contained entirely within a structure and which does not project light to the exterior of the structure.

BILLBOARD

Shall mean a sign structure and/or sign utilized for advertising an establishment, an activity, a product, service or entertainment, which is sold, produced, manufactured, available or furnished at a place other than on the property on which said sign structure and/or sign is located.

BUILDING FRONTAGE

Shall mean the length of the single face of a building or that portion of a building occupied by a single office, business or enterprise, commonly referred to as "store-front," which is abutting a street, parking area, or other means of customer access such as an arcade, a mall or a walkway. The building frontage for a side facade shall be the length of the single face of a side of building or that portion of a side of a building occupied by a single office, business or enterprise.

CANOPY SIGN

Shall mean any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.

COMMERCIAL MESSAGE

Shall mean any sign wording, logo, or other representation or image that directly or indirectly names, advertises, or calls attention to a product, service, sale or sales event or other commercial activity.

CONSTRUCTION SIGN

Shall mean a temporary on-premises sign identifying the ongoing construction activity during the time that a building permit is active and prior to completion of the work for which the permit was issued, containing sign copy that is limited to the ongoing construction activity and identifying the contractor and/or any subcontractor engaged to perform construction activity on the site.

COPY

Shall mean the linguistic or graphic content of a sign.

DOUBLE-FACED SIGN

Shall mean a single sign with items of information on both sides of the sign and mounted as a single structure.

ELECTION SIGN

Shall mean a temporary sign erected or displayed for the purpose of expressing support for or opposition to a candidate or stating a position regarding an issue upon which the voters of the Township shall vote.

ERECT

Shall mean to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish; but it does not include any of the foregoing activities when performed as an incident to the change of advertising message or customary maintenance or repair of a sign.

FACADE

Shall mean the side of a building, either front or side; and a building facade may be less than the entire side of a building if limited to the occupancy of a portion of a building.

FLAG

Shall mean any fabric, or bunting containing distinct colors, patterns or symbols, used as an ornamental flag or as a symbol of government, political subdivision, corporation or business or other entity. (See also Ornamental flag.)

FLAGPOLE

Shall mean a pole on which to raise a flag.

FLASHING SIGN

Shall mean a sign which permits light to be turned on or off intermittently more frequently than once per minute or any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including a LED (light emitting diode) or digital sign and changes more frequently than once per minute.

FREE EXPRESSION SIGN

Shall mean a sign, not in excess of three square feet in size (area) per side and the top of the sign is not more than six feet off the ground, communicating information or views on matters of public policy concern or containing any other noncommercial message, that is otherwise lawful.

FREESTANDING MONUMENT SIGN

Shall mean a freestanding sign whose ratio of width of sign to width of support is less than three to one.

FREESTANDING POLE SIGN

Shall mean a freestanding sign whose ratio of width of sign to width of support is equal to or greater than three to one.

FREESTANDING SIGN

Shall mean a sign supported by structures or supports that are placed on or anchored in the ground or at ground level and which are independent of any building or other structure. Unless otherwise limited or restricted, a freestanding sign may be either a freestanding monument sign or a freestanding pole sign.

FRONTAGE

Shall mean the length of the property line of a parcel of land, which runs parallel with and along a road right-of-way or street, exclusive of alleyways.

FUTURE DEVELOPMENT SIGN

Shall mean a sign that functions to advertise the future or proposed development of the premises upon which the sign is erected.

GARAGE OR YARD SALE SIGN (GARAGE-YARD SALE SIGN)

Shall mean any on-site temporary sign pertaining to the sale of personal property in, at or upon any residentially-zoned property located in the Township. Garage or yard sales shall include but not be limited to all such sales, and shall include the advertising of the holding of any such sale, or the offering to make any sale, whether made under any name such as garage sale, lawn sale, yard sale, front yard sale, back yard sale, home sale, attic sale, rummage sale, patio sale, flea market sale, or any similar designation.

GROUND LEVEL

Shall mean the finished grade of a parcel of land exclusive of any filling, berming or mounding.

HEIGHT

Shall mean vertical distance measured from ground level nearest the base of the sign to the highest point on the sign.

HOLIDAY AND SEASONAL DECORATIONS

Shall mean decorations that pertain to legal or other recognized holidays or to a season of the year.

ILLEGAL SIGN

Shall mean any sign, which has been determined to be in violation of any provision of this § 30-8.

ILLUMINATED SIGN

Shall mean any sign or portion thereof, which is illuminated by artificial light, either from an interior or exterior source, including outline, reflective or phosphorescent light, whether or not the source of light is directly affixed as part of the sign.

INCIDENTAL SIGN

Shall mean a sign not exceeding one square foot in size attached to a freestanding sign or affixed to a wall, that either (a) identifies credit cards accepted by the owner, tenant, or occupant of the parcel where the incidental sign is located, or (b) provides an official notice of services required by law or trade affiliation.

INTERMITTENT SIGN

Shall mean a sign which permits light to be turned on or off intermittently more frequently than once every 12 hours or which is operated in a way whereby light is turned on or off intermittently more frequently than once every 12 hours, including any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including a LED (light emitting diode) or digital sign, and which varies in intensity or color more frequently than once every 12 hours.

LOT

See definition of Parcel.

MAINTENANCE

Shall mean the replacing, repairing or repainting of a portion of sign structure, periodically changing changeable copy or renewing copy, which has been made unusable by ordinary wear.

MARQUEE

Shall mean any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.

MARQUEE SIGN

Shall mean any sign attached to a marquee.

MENU DISPLAY SIGN

Shall mean a fully enclosed or otherwise protected from the elements sign structure, including but not limited to a box, shadow box or cabinet, attached to a wall or freestanding, which is used solely for the purpose of displaying restaurant menus or announcements of activities within the establishment for which the menu or announcement is displayed. A menu display may be used for transient lodging facilities which have restaurant facilities open to the general public in addition to the registered guests. Menu display sign structures shall be limited to one per establishment, having a maximum surface area of 12 square feet in the zoning districts in which they are permitted.

NAMEPLATE SIGN OR OCCUPANT IDENTIFICATION SIGN

Shall mean a sign indicating the name and/or profession or address of a person or persons residing on the premises or legally occupying the premises.

NONCOMMERCIAL MESSAGE

Shall mean any message which is not a commercial message.

NONCOMMERCIAL ON-SITE DIRECTIONAL SIGN

Shall mean an onsite sign providing direction or information to pedestrian or vehicular traffic that is related or reasonably necessary to the movement of pedestrian or vehicular traffic on the premises, and not displaying a commercial message, e.g., "entrance," "exit," "caution," "no parking," "one way only," "no trespassing," and the like.

NONCONFORMING SIGN

Shall mean a sign, which does not conform to the regulations provided in this § 30-8.

OFF-PREMISES SIGN OR OFF-SITE SIGN

Shall mean any sign relating in its subject matter to commodities, accommodations, services or activities on a premises other than the premises on which the sign is located.

ON-PREMISES SIGN OR ON-SITE SIGN

Shall mean any sign relating in its subject matter to the commodities, accommodations, service or activities on the premises on which it is located.

ORNAMENTAL FLAG

Shall mean any fabric or similar material containing patterns, drawings or symbols used for decorative purposes and designed to be flown as a flag.

PARAPET

Shall mean a false front or wall extension above the roofline of a building.

PARCEL

Shall mean land which has been or which is proposed to be used, developed, or built upon as a unit under single ownership.

PENNANT

Shall mean any series of small flag-like or streamer-like pieces of cloth, plastic, paper or similar material attached in a row to any staff, cord, building, or at only one or two edges, the remainder hanging loosely.

PERMANENT SIGN

Shall mean any sign which, when installed, is intended for permanent use. For the purposes of this section any sign with an intended use in excess of 12 months from the date of installation shall be deemed a permanent sign.

PORTABLE SIGN

Shall mean any sign, banner, or poster that is not permanently attached to the ground or structure. For purposes of this section, a cold air inflatable sign shall be considered to be a portable sign.

PREMISES

Shall mean any property owned, leased or controlled by the person actively engaged in business at that location.

PRINCIPAL USE

Shall mean the use, which constitutes the primary activity, function or purpose to which a parcel of land or a building is put.

PROJECTING SIGN

Shall mean any sign affixed perpendicularly to a building or wall in such a manner that its leading edge extends more than 10 inches beyond the surface of such building or wall.

REAL ESTATE SIGN

Shall mean a sign advertising the sale, rental or lease of the premises or part of the premises on which the sign is displayed temporarily.

REVOLVING SIGN OR ROTATING SIGN

Shall mean any sign that revolves or rotates.

ROOF SIGN

Shall mean any sign erected and constructed wholly on or over the roof of a building, which is supported by the roof structure, or any sign that extends in whole or in part above the roofline of a building.

ROOFLINE

Shall mean the highest continuous horizontal line of a roof. On a sloping roof, the roofline is the principal ridgeline or the highest line common to one or more principal slopes of roof. On a flat roof, the roofline is the highest continuous line of a roof or parapet, whichever is higher.

SAFETY SIGN

See Warning sign.

SANDWICH BOARD SIGN

Shall mean a temporary portable double-faced, freestanding sign.

SIGHT VISIBILITY TRIANGLE

Shall mean a triangular shaped portion of land established at street intersections or street and driveway intersections in which nothing is erected, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. For street intersections, this triangle is measured 30 feet in length from the intersection along the abutting right-of-way lines to form a triangle, although that these distances may vary based on the type of intersecting road; and for driveway intersections, this triangle is measured 10 feet from the intersection along the right-of-way line and along the driveway line to form a triangle.

SIGN

Shall mean any device, fixture, placard or structure which uses color, form, graphics, illumination, architectural style or design with text, or writing to advertise, attract attention, announce the purpose of, or identify the purpose of any person or entity or to communicate information of any kind to the public. The term "sign" includes sign structure. The following shall not be considered signs subject to the regulations of section: artwork, holiday or seasonal decorations, cemetery markers, machinery or equipment signs, memorial signs or tablets.

SIGN AREA

Shall mean the total square foot area of sign surface, including all parts thereof devoted to the background, computed by bounding the exterior of the sign structure or surface with a series of straight or curved lines tangent thereto (see illustrative examples referenced in § 30-8.4). The area of a sign painted directly on a wall or awning and signs with letters attached directly to walls or awnings shall be calculated by constructing an imaginary series of straight lines or lines formed, bounded or characterized by curves around the outside of all elements of the sign.

SIGN FACE

Shall mean the part of the sign that is or can be used to identify, display, advertise, communicate information, or for the visual representation, which attracts or intends to attract the attention of the public for any purpose.

SIGN STRUCTURE

Shall mean any structure which is designed specifically for the purpose of supporting a sign, which has supports or which is capable of supporting a sign. The definition shall include any decorative covers, braces, wires, supports, or other components attached to or placed around the sign structure.

SNIPE SIGN (BANDIT SIGN)

Shall mean any sign tacked, nailed, posted, pasted, glued or otherwise attached to trees, rocks, or other natural features, or poles, stakes, or fences, with the message appearing thereon not applicable to the present use of the premises upon which the sign is located.

SPECIAL EVENT SIGN

Shall mean a content-neutral sign providing notice of, or direction to, an event, gathering, assembly or meeting that is open to the public at large.

STATUTORY SIGN

Shall mean a sign required by any statute or regulation of the State of New Jersey or the United States.

STREET ADDRESS SIGN

Shall mean any sign denoting the street address of the premises on which it is attached or located.

SUBDIVISION MONUMENT IDENTIFICATION SIGN

Shall mean a monument sign, which contains only the name of a platted subdivision or other residential development. A "subdivision monument identification sign" at a platted subdivision or neighborhood entrance shall not be considered a "billboard."

SUBSTANTIALLY DAMAGED OR DESTROYED

As it pertains to a nonconforming sign, shall mean that (a) 50% or more of the upright supports of a sign structure are physically damaged such that normal repair practices of the sign industry would call for, in the case of wooden structures, replacement of the broken supports and, in the case of a metal sign structure, replacement of at least 25% of the length above ground of each broken, bent, or twisted support, or (b) that more than 50% of a wall or attached sign is physically damaged such that normal repair practices of the sign industry would call for the same to be replaced or repaired.

TEMPORARY SIGN

Shall mean a sign intended for a use not permanent in nature. For the purposes of this section, a sign with an intended use of one year or less shall be deemed a temporary sign.

TIME AND TEMPERATURE SIGN

Shall mean a sign, which functions only to display the current time and temperature at intervals no more frequently than once per minute and which contains no other messages. Time and temperature signs are regulated within the zoning districts in which they are expressly allowed.

TOWNSHIP

Shall mean the Township Committee of the Township of Union, Hunterdon County, New Jersey.

TRAFFIC CONTROL DEVICE SIGN

Shall mean any sign located within the right-of-way that functions as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) and approved by the Federal Highway Administrator as the National Standard. A "traffic control device sign" includes those signs that are classified and defined by their function as regulatory signs (that give notice of traffic laws or regulations), warning signs (that give notice of a situation that might not readily be apparent), and guide signs (that show route designations, directions, distances, services, points of interest, and other geographical, recreational, or cultural information).

VEHICLE SIGN

Shall mean any sign or signs where the total sign area covers more than 10 square feet of the vehicle.

VISIBILITY TRIANGLE

See Sight visibility triangle.

WALL SIGN

Shall mean a sign, which is painted on, fastened to, or erected against the wall of a building with its face in a parallel plane with the plane of the building facade or wall, which is used for advertising.

WARNING SIGN OR SAFETY SIGN

Shall mean a sign that functions to provide a warning of a dangerous condition or situation that might not be readily apparent or that poses a threat of serious injury (e.g., gas line, high voltage, condemned building, etc.) or that functions to provide a warning of a violation of law (e.g., no trespassing, no hunting allowed, etc.).

WIND SIGN

Shall mean a sign, which uses objects or material fastened in such a manner as to move upon being subjected to pressure by wind, and shall include banners, pennants, ribbons, spinners, streamers or captive balloons; however, the term wind sign shall not include flags.

WINDOW SIGN

Shall mean any sign mounted in any fashion on the interior or exterior of the surface of a window.

§ 30-8.4 Illustrations.

[Ord. No. 2007-9, § 1]

Diagrams appended to the end of this section illustrate methods of measurement.

§ 30-8.5 Prohibited Signs.

[Ord. No. 2007-9, § 1]

The following signs and sign-types are prohibited within the Township and shall not be erected. Any lawfully existing permanent sign or sign-type which is among the prohibited signs and sign-types listed below shall be deemed a nonconforming sign subject to the provisions of § 30-8.6.

Billboards.

Revolving signs.

Flashing signs.

Animated signs.

Wind signs.

Portable signs.

Roof signs.

Abandoned and discontinued signs.

Snipe signs; bandit signs.

Projecting signs, except as expressly allowed.

Bus bench advertising signs; bus shelter advertising signs.

Signs that emit smoke, visible vapor or smoke, sound, odor, or visible particles or gaseous matter.

Signs that have unshielded illuminating devices.

Signs that obstruct, conceal, hide or otherwise obscure from view any official traffic or governmental sign, signal or device.

Any attached sign, including a wall sign, that exceeds 50 square feet in sign area.

Any freestanding sign that is higher than 14 feet.

Any sign within a sight visibility triangle that obstructs a clear view of pedestrian or vehicular traffic.

Any sign in the public right-of-way, other than traffic control device signs, warning signs or safety signs.

Any sign other than a traffic control device sign that uses the word "stop" or "danger," or presents or implies the need or requirement of stopping or the existence of danger, or which is a copy or imitation of official traffic control device signs, and which is adjacent to the right-of-way of any road, street, or highway.

Any sign nailed, fastened or affixed to any tree.

Any sign prohibited by State or Federal law.

Vehicle sign or signs which have a total sign area on any vehicle in excess of 10 square feet, when the vehicle is not "regularly used in the conduct of the business or activity" advertised on the vehicle, and (a) is visible from a street right-of-way within 100 feet of the vehicle, and (b) is parked for more than two consecutive hours within 100 feet of any street right-of-way. A vehicle shall not be considered "regularly used in the conduct of the business or activity" if the vehicle is used primarily (i) for advertising, or (ii) for the purpose of advertising, or (iii) for the purpose of providing transportation for owners or employees of the business or activity advertised on the vehicle.

Any sign located on real property without the permission of the property owner.

Beacons, except as required by Federal or State law.

Intermittent signs, except time and temperature signs as expressly permitted herein.

Sandwich board signs.

§ 30-8.6 Nonconforming Signs.

[Ord. No. 2007-9, § 1]

A nonconforming sign that was lawfully erected may continue to be maintained until the nonconforming sign is substantially damaged or destroyed. At such time that the nonconforming sign is substantially damaged or destroyed, the nonconforming sign must either (a) be removed or (b) be brought into conformity with this section and with any other applicable law or regulation.

§ 30-8.7 Exemptions.

[Ord. No. 2007-9, § 1]

This section does not pertain to the following:

A sign, other than a window sign, located entirely inside the premises of a building or enclosed space.

A sign on a car, other than a prohibited vehicle sign or signs.

A statutory sign.

A traffic control device sign.

Any sign not visible from a public street, sidewalk or right-of-way; except that the foregoing does not exempt a sign for a commercial use that is visible from an abutting residential use.

§ 30-8.8 Building Permits.

[Ord. No. 2007-9, § 1]

It shall be unlawful for any person or business or the person in charge of the business to erect, construct, or alter a permanent sign structure whose construction is subject to the New Jersey Uniform Construction Code, without first obtaining such building permit from the Township as may be required by the New Jersey Uniform Construction Code. Permit fees, if any, shall be paid in accordance with the applicable fee schedules. The requirement of a building permit under the New Jersey Uniform Construction Code is separate and independent of the requirement for a sign permit under this section.

§ 30-8.9 Shielding of Illumination.

[Ord. No. 2007-9, § 1]

Illuminated signs, in addition to conforming to all other requirements of this section, shall be shielded in such a manner so that no direct source of light is cast into residential properties or into a public street or right-of-way. Illuminated signs shall not interfere with pedestrian or motorist vision. The illumination shall not be reflective or phosphorescent and shall perform in a steady nonfluctuating or nonundulating manner and shall be placed in a manner that will not create a nuisance to other premises or interfere with vehicular movements.

§ 30-8.10 Substitution of Noncommercial Speech for Commercial Speech.

[Ord. No. 2007-9, § 1]

Notwithstanding anything contained in this section or the Code to the contrary, any sign erected pursuant to the provisions of this section or the Code with a commercial message may, at the option of the owner, contain a noncommercial message unrelated to the business located on the premises where the sign is erected. The noncommercial message may occupy the entire sign face or any portion thereof. The sign face may be changed from commercial to noncommercial messages, or from one noncommercial message to another, as frequently as desired by the owner of the sign, provided that the sign is not a prohibited sign or sign-type and provided that the size, height, setback and other dimensional criteria contained in this section and Code have been satisfied.

§ 30-8.11 Content Neutrality as to Sign Message (Viewpoint).

[Ord. No. 2007-9, § 1]

Notwithstanding anything in this section or the Code to the contrary, no sign or sign structure shall be subject to any limitation based upon the content (viewpoint) of the message contained on such sign or displayed on such sign structure.

§ 30-8.12 Permit Required.

[Ord. No. 2007-9, § 1]

Allowed temporary and allowed permanent signs of the type described in § 30-8.25 shall be exempt from sign permitting hereunder.

No sign permit shall be issued for the erection of a prohibited sign.

Unless exempt from permitting, no permanent sign shall be erected, altered, relocated, maintained or displayed until a sign permit is obtained from and appropriate fee, if any, paid to the Township.

A sign lawfully erected under permit may be repainted or have ordinary and customary repairs performed, including replacement of plastic or glass panels, without a new sign permit; however, if such sign is to be structurally altered in any manner, a new sign permit shall be required and the altered sign must meet all requirements of this section and this Code.

§ 30-8.13 Sign Permit Application and Issuance of Sign Permit.

[Ord. No. 2007-9, § 1]

A sign permit application for a permanent sign shall be made upon a form provided by the Township. The sign permit application is in addition to any building permit application required by the New Jersey Uniform Construction Code. The sign permit application shall be accompanied by plans and specifications drawn to scale, together with any site plan required by this section or the Code. The applicant shall furnish the following information on or with the sign permit application form:

The legal description of the real property where the sign is proposed to be located.

The zoning district for the real property on which the sign will be located.

The name, mailing address and telephone number (where available) of the owner(s) of the real property where the sign is proposed to be located.

A notarized statement of authorization signed by the owner(s) consenting to the placement of the proposed sign on the real property.

The name, mailing address and telephone number of the sign contractor.

Type of proposed sign (e.g., wall sign or freestanding sign).

The square footage of the surface area of the proposed sign.

The value of the proposed sign.

If the proposed sign is a freestanding sign:

(a)

The height of the proposed freestanding sign.

(b)

The size (sign area) of the freestanding sign, and the dimensions utilized to calculate the size.

(c)

The minimum spacing distance calculated by multiplying the greatest dimension of the proposed freestanding sign by a factor of 20.

(d)

The distance of the closest freestanding sign to the proposed freestanding sign.

(e)

Whether there is an existing freestanding sign on the same lot where the proposed freestanding sign will be located.

(f)

The front and side yard setbacks for the proposed sign.

10.

If the proposed sign is an attached sign, the building frontage for the building to which the attached sign shall be affixed.

11.

The number, type, location, and surface area for all existing signs on the same lot and/or building on which the sign will be located.

12.

Whether the proposed sign will be an illuminated or nonilluminated sign.

An applicant shall deliver a sign permit application for a permanent sign to the Township's Zoning Officer or his or her designee, or such other person as may be designated by the Township. The sign permit application shall be reviewed for a determination of whether the proposed sign meets the applicable requirements of this section and any applicable zoning law. The review of the sign permit application shall be completed within 10 calendar days, and the application shall be granted or denied within that time frame. In the event that no decision is rendered within 10 calendar days following submission, the application shall be deemed denied and the applicant may appeal to the Board of Adjustment. Any appeal shall be heard and a decision rendered within the time frames specified in this section or otherwise set forth or provided for appeals.

§ 30-8.14 Fees.

[Ord. No. 2007-9, § 1]

Sign Permit Fees. Every person making an initial application for a sign permit shall pay any required sign permit fee, if any, to the Township at the time of the application. The permit fee, if any, shall be established by resolution of the Township and shall be as stated in an appendix to this section.

Building Permit Fees Distinguished. The sign permit fee, if any, shall be separate and apart from any required fee for a building permit for the erection of a sign covered by the New Jersey Uniform Construction Code.

Enforcement of this Section. Nothing contained in this section shall be construed as prohibiting the Township from taking appropriate legal action, including the filing of legal proceedings in a court of competent jurisdiction, to enforce this section.

§ 30-8.15 Conditions.

[Ord. No. 2007-9, § 1]

Duration of Permit. If the work authorized under a sign permit has not been completed within six months after the date of issuance, the permit shall become null and void and a new application for a sign permit shall be required.

Maintenance of Signs.

All visible portions of a sign and its supporting structure shall be maintained in a safe condition, and neat appearance according to the following:

(a)

If the sign is lighted, all lights shall be maintained in working order and functioning in a safe manner.

(b)

If the sign is painted, the painted surface shall be kept in good condition.

(c)

Every sign shall be kept in such manner as to constitute a complete or whole sign.

Lawfully erected nonconforming signs may suffer only ordinary and customary repairs and maintenance. As provided in § 30-8.12, a lawfully-erected nonconforming sign shall not be structurally altered except in full conformance with this section.

§ 30-8.16 Appeals to the Board of Adjustment.

[Ord. No. 2007-9, § 1]

Whenever it is alleged that there has been an error in any order, action, decision, determination, or requirement by an administrative official in the enforcement and application of any provision contained within this section or any other provision of this Code pertaining to sign permits (including any allegation that an administrative official has failed to act within applicable time frames), the aggrieved party shall file a written appeal with the Board of Adjustment.

The written appeal shall be filed with the Board of Adjustment in accordance with § 30-11.

The Board of Adjustment shall hold a hearing within 45 days following receipt of the written appeal.

The Board of Adjustment shall render a written decision within 10 days following the hearing.

§ 30-8.17 Appellate Decisions Deemed Final, Subject to Judicial Review.

[Ord. No. 2007-9, § 1]

The appellate decisions of the Board of Adjustment pursuant to § 30-8.16, above, shall be deemed final, subject to judicial review as provided by law.

§ 30-8.18 Administration and Enforcing Official.

[Ord. No. 2007-9, § 1]

The Zoning Official shall be the enforcing official of this section, and enforcement shall be governed by § 30-12.

§ 30-8.19 Adoption of Zoning Regulations.

[Ord. No. 2007-9, § 1]

The boundaries of the various districts shown upon the official zoning map and the regulations of the Land Use Code governing the use of land and buildings and other matters set forth therein, as the same may be amended from time to time, are made part of this section. Except provided in this section, no sign shall be erected, enlarged, reconstructed or structurally altered which does not comply with all the district regulations established by this section for the zoning district in which it is located.

§ 30-8.20 Freestanding Signs (Temporary and Permanent) - Setbacks and Sight Clearance.

[Ord. No. 2007-9, § 1]

Freestanding signs, temporary and permanent, shall comply with the following setback and sight clearance standards:

Setback. Freestanding signs shall be set back (i) at least five feet from any property line, or (ii) by a distance equal to the height of the freestanding sign, whichever is greater.

Sight Clearance. Freestanding signs shall have a minimum sight clearance from three feet above grade to eight feet above grade when located within 50 feet of any public right-of-way intersection or within 30 feet of any driveway or other point of ingress or egress.

§ 30-8.21 Setback Measurement.

[Ord. No. 2007-9, § 1]

Required setbacks for signs in all zoning districts shall be measured from the property line to the nearest part of the sign.

§ 30-8.22 Double-Faced Signs.

[Ord. No. 2007-9, § 1]

Double-faced signs shall be permitted in all zoning districts, provided the signs are designed and constructed such that the two sign faces are back to back and directionally oriented 180° from each other. The maximum sign area allowed shall be permitted for each sign face.

§ 30-8.23 Illumination.

[Ord. No. 2007-9, § 1]

Freestanding and attached signs may be illuminated unless stated otherwise in the specific zoning district regulations, provided the illumination is designed and installed in such a manner that light from the sign meets all requirements of this section, the Code, and the New Jersey Uniform Construction Code.

§ 30-8.24 Time and Temperature Signs.

[Ord. No. 2007-9, § 1]

Time and temperature signs may be utilized as part of an otherwise allowed freestanding or attached sign in nonresidential zoning districts; otherwise they are prohibited.

§ 30-8.25 All Districts.

[Ord. No. 2007-9, § 1]

The regulations in this section apply in every zoning district, except where otherwise specified or indicated. Sign permits are not required for signs and sign-types described and identified in this section.

Street Address Signs. For each parcel, residence or business, one street address sign may be displayed. For each residence, the street address sign shall not exceed two square feet in sign area unless required by applicable law. For each business or parcel in nonresidential use, the street address sign shall not exceed six square feet in sign area unless required by applicable law.

Nameplate or Occupant Identification Signs. For each residence, business or other occupancy, one nameplate sign may be displayed. For residences the nameplate or occupant identification signs shall not exceed two square feet in sign area. For any nonresidential use, the nameplate or occupant identification sign shall not exceed six square feet in sign area.

Noncommercial On-site Directional Signs. Noncommercial on-site directional signs, not exceeding four square feet in sign area, shall be allowed on each parcel.

Noncommercial On-site Parking Space Signs. Noncommercial on-site parking space number signs, not exceeding one square foot of sign face per sign, shall be allowed on each parcel in noncommercial use having multiple parking spaces on-site. One such sign shall be allowed for each parking space.

Free Expression Signs. For each parcel, one free expression sign not exceeding three square feet in size (sign area) may be displayed. The free expression sign may be displayed as an attached sign or as a freestanding sign; if displayed as a freestanding sign, the freestanding sign shall not exceed three feet in height. A free expression sign is in addition to any other sign permitted under this section and is permitted in any zoning district. Only one such sign shall be permitted on each parcel.

Election Signs. For each parcel, one election sign for each candidate and each issue may be displayed. An election sign may be displayed as an attached sign or as a freestanding sign. The election sign shall not exceed three square feet in size (sign area); and, if the election sign is displayed as a freestanding sign on the parcel, the election sign shall not exceed three feet in height. An election sign shall be removed within seven calendar days following the election to which it pertains.

Flagpoles. One flagpole is allowed for each parcel, except parcels greater than 1/2 acre in size shall be allowed up to three flagpoles. Flagpoles in residential districts shall not exceed 25 feet in height, and flagpoles in nonresidential districts shall not exceed 35 feet in height.

Flags. For each detached dwelling unit in a residential district, two flags not greater than 24 square feet in sign area (each) may be displayed. For each parcel in a multi-family residential district and in a nonresidential district, three flags not greater than 48 square feet in sign area (each) may be displayed.

Warning Signs and Safety Signs. Warning signs and safety signs, not exceeding four square feet in size (sign area), shall be allowed in all districts.

Temporary Construction Signs. One temporary construction sign shall be allowed on each parcel. Temporary construction signs shall not exceed six square feet in size (sign area).

Temporary Real Estate Signs — Generally.

Number. For each parcel, one temporary real estate sign may be displayed on each parcel of land or part thereof that is for sale, lease, or rent; however, when more than one dwelling unit or nonresidential space on a parcel of land is for sale, lease, or rent, there may be one real estate sign for each such unit or space. For a parcel with dual street frontage, such parcels may have one additional temporary real estate sign per frontage.

Size and Height. Temporary real estate signs shall not exceed six square feet in size (area) and three feet in height for a property two acres or less in size, and shall not exceed 15 square feet in size (area) and four feet in height for a property greater than two acres in size.

Duration. Temporary real estate signs shall be removed within seven days following the closing or settlement of a sale, lease or rental of the real estate that was offered for sale, lease, or rent.

Temporary Garage-Yard Sale Signs. For each parcel with a lawful residential use, one temporary garage-yard sale sign may be displayed. A temporary garage-yard sale sign shall not exceed three square feet in size and three feet in height. A temporary garage-yard sale sign may not be displayed for a period longer than three days twice a year.

Temporary Window Signs. For each parcel, one or more temporary window signs may be displayed. On parcels that are in residential use, the temporary window sign(s) shall not exceed an aggregate of three square feet in sign area. On parcels that are in nonresidential use, the temporary window sign(s) shall not exceed an aggregate of 24 square feet in sign area. Temporary window signs shall not cover more than 25% of any window surface.

Temporary Future Development Signs. A temporary future development sign shall be allowed in new subdivisions, subject to the following limitations.

Number. No more than one such sign shall be allowed upon any property held in single and separate ownership, unless the property fronts upon more than one public street, in which event one sign may be erected on each street frontage.

Size. For a subdivision containing less than 10 lots, the temporary future development sign shall not exceed 24 square feet in sign area. For a subdivision containing 10 lots or more, the temporary future development sign shall not exceed 35 square feet in sign area.

Height. A temporary future development sign shall not exceed six feet in height.

Duration. Temporary future development signs shall be removed within seven days after the last dwelling has been initially occupied.

Temporary Special Event Signs. Temporary special event signs as approved by the Zoning Officer as meeting the following content-neutral criteria: (a) the signs are temporary signs for a limited time and frequency, (b) the signs are for a special event as defined herein (see "special event sign"), (c) the temporary signs will not exceed three square feet in size (area) and three feet in height, (d) the temporary signs will not conceal or obstruct adjacent land uses or signs, (e) the temporary signs will not conflict with the principal permitted use of the site or adjoining sites, (f) the temporary signs will not interfere with, obstruct the vision of or distract motorists, bicyclists or pedestrians, (g) the temporary signs will be installed and maintained in a safe manner, and (h) the display of temporary signs for a special event shall not begin any earlier than one week before the event and shall be removed within two business days after the event. Consistent with § 30-8.11, approval or disapproval shall not be based on the content of the message contained (i.e., the viewpoint expressed) on such signs. The Zoning Officer shall render a decision within 10 days after an application is made for such signs. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the right to appeal the decision to the Board of Adjustment.

§ 30-8.26 WM Watershed Management, CM Conservation Management, AP Agricultural Preservation, CR Country Residential, VR Village Residential, RM Multi-Family Residential, and I Institutional.

[Ord. No. 2007-9, § 1]

In addition to the permanent and temporary signs and sign-types that are allowed pursuant to § 30-8.25, the following permanent and temporary signs are also allowed within the districts designated in the Union Township Land Use Code, as amended from time to time, as WM, CM, AP, CR, VR, RM, and I, as set forth below. The permanent signs described below require a sign permit.

Subdivision Monument Identification Signs. For each platted subdivision or neighborhood entrance, two subdivision monument identification signs not exceeding six feet in height and 20 square feet in sign area shall be allowed.

Monument Signs and Mounted Wall Signs. For each parcel with a permitted nonresidential permitted use in the WM Watershed Management, CM Conservation Management, AP Agricultural Preservation, CR Country Residential, VR Village Residential, RM Multi-Family Residential, and I Institutional Districts, there may be one permanent monument sign or one permanent wall sign not exceeding 12 square feet in size.

Temporary Agricultural Signs. For each parcel allowed a permitted agricultural use, up to two temporary agricultural signs may be displayed per business establishment on parcel or lot.

§ 30-8.27 VC Village Commercial Districts.

[Ord. No. 2007-9, § 1]

In addition to the permanent and temporary signs and sign-types that are allowed pursuant to § 30-8.25, the following permanent signs are also allowed within the VC Village Commercial Districts. Other than incidental signs, the permanent signs described below require a sign permit.

Permanent Wall (Mounted) Signs.

For the premises on which a building is located, there may be attached one permanent wall (mounted) sign not exceeding 20 square feet.

For each professional or office use located on the premises, there may be one additional permanent wall (mounted) sign not exceeding four square feet. Such signs shall not be illuminated.

A projecting sign may be used in lieu of a permanent wall (mounted) sign, provided that the projecting sign (i) does not extend more than two feet from the wall or building surface (ii) does not exceed four square feet in size (area) and (iii) is at least eight feet above grade level.

Monument Signs. For each parcel with a permitted non-residential permitted use, there may be one permanent monument sign not exceeding 12 square feet in size.

Incidental Signs. Up to four incidental signs may be permitted to be attached (i) to a freestanding sign structure or (ii) to a building wall, but not perpendicular to the wall. An incidental sign shall not exceed one square foot in size.

§ 30-8.28 PC Planned Commercial, OR-1 and OR-2 Office Research, PO Professional Office, LI Light Industrial, Q Quarry, and SC Special Commercial Districts.

[Ord. No. 2007-9, § 1]

In addition to the permanent and temporary signs and sign-types that are allowed pursuant to § 30-8.25, the following permanent signs are also allowed within PC Planned Commercial, OR-1 and OR-2 Office Research, PO Professional Office, LI Light Industrial, Q Quarry, and SC Special Commercial Districts. Other than incidental signs, the permanent signs described below require a sign permit.

Permanent Wall Signs.

Maximum Size for Front Facades. For each building, a permanent wall sign may be mounted on the front facade of the building provided that the size (area) does not exceed 5% of the building facade (inclusive of all doors and window openings); however, for each 10 feet or fraction thereof that the building facade is located behind the building setback line, the aggregate maximum square footage for a permanent wall sign shall increase by 1% up to a limit of 10% of the building facade.

Maximum Size for Side Facades. For each building, a permanent wall sign may be mounted on a side facade of the building provided that the size (area) shall not exceed 5% of the side facade (inclusive of all doors and window openings).

Permanent Freestanding Signs. For each lot or tract, a freestanding sign is allowed subject to the following limitations as to height, size (area), spacing, setback, number, and location:

Maximum Height. The maximum height of a freestanding sign shall not exceed 14 feet.

Maximum Size. The maximum size (area) of the sign face of a freestanding sign shall not exceed 20 square feet per side, provided that the combined surface area shall not exceed 40 square feet.

Minimum Spacing. There shall be a minimum spacing between freestanding signs. A freestanding sign shall not be constructed any closer to another freestanding sign than the following of (a) 100 linear feet, or (b) a linear distance equal to 20 times the largest dimension of the size face, either height or width, whichever is greater.

Minimum Setback. There shall be a minimum setback between a freestanding sign and side property lines. A freestanding sign shall be set back a minimum of 20 feet from any side property line.

Maximum Number. There shall only be one freestanding sign structure per tract or lot.

Front Yard Location. A freestanding sign may only be erected in the front yard of the tract or lot on which it is located.

§ 30-8.29 U Utility and P Parkland Districts.

[Ord. No. 2007-9, § 1]

In addition to the permanent and temporary signs and sign-types that are allowed pursuant to § 30-8.25, no other permanent or temporary signs are also allowed within the U Utility and P Parkland Districts.

§ 30-8.30 Transition Rules.

[Ord. No. 2007-9, § 1]

Any permit actually issued prior to the effective date of the adoption of the sign regulations that comprise this section shall remain valid but only until the earlier of the following dates: (a) the date that said permit expires by its own terms or expired under the operation of the former ordinance, or (b) 90 days after the effective date of the adoption of this section.

§ 30-8.31 Severability.

[Ord. No. 2007-9, § 1]

Generally. If any part, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section.

Severability Where Less Speech Results. Without diminishing or limiting in any way the declaration of severability set forth above in § 30-8.31a, or elsewhere in this section, this Code, or any adopting ordinance, if any part, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise.

Severability of Provisions Pertaining to Prohibited Signs. Without diminishing or limiting in any way the declaration of severability set forth above in § 30-8.31a, or elsewhere in this section, this Code, or any adopting ordinance, if any part, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section or any other law is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section that pertains to prohibited signs, including specifically those signs and sign-types prohibited and not allowed under § 30-8.5. Furthermore, if any part, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of § 30-8.5 is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of § 30-8.5.

Severability of Prohibition on Billboards. If any part, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section and/or any other Code provisions and/or laws are declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect the prohibition on billboards as contained herein.

METHODS OF MEASUREMENT

(§ 30-8.4)

§ 30-9 NONCONFORMING USES AND STRUCTURES.

§ 30-9.1 Continuance of Nonconforming Use or Structure.

[Ord. No. 85-9, § 900]

Any lawful nonconforming use which existed at the time of the passage of this chapter may be continued and any existing building designed, arranged, intended or devoted to a nonconforming use may be reconstructed or structurally altered, subject to the following regulations:

The structural alterations made in such buildings shall in no case exceed 20% of the true value of the buildings, nor shall the building be enlarged, unless the use therein is changed to a conforming use; provided, however, that where a building meets the use requirements of this chapter and is nonconforming because of height and area regulations, structural alterations may be made in such buildings providing the height and area regulations are not further violated.

A nonconforming use changed to a conforming use may not be changed back to a nonconforming use.

In the event that there is a cessation of operation of any nonconforming use, structure, land, or sign for a period of 12 consecutive calendar months, the same shall be presumed to be an abandonment of such nonconforming use. Any subsequent exercise of such abandoned nonconforming use shall be deemed a violation of the terms of this chapter.

Nothing in this chapter shall require any change in plans, construction, or designated use of a structure for which a building permit has been heretofore issued when construction has been diligently prosecuted within six months of the date of such permit.

Nothing in this chapter shall be interpreted as authorization for or approval of the continuance of the use of a structure or premises in violation of zoning regulations in effect at the time of the effective date of this chapter.[1]

[1]

Editor's Note: This chapter adopted December 11, 1985, by Ordinance No. 85-9, and became effective pursuant to law.

No nonconforming use shall be reduced in size. An owner of two or more contiguous nonconforming lots at the time of the effective date of this chapter[2] which, when combined, would create a lot of nonconforming size, shall be required to combine such lots to create conforming lots.

[2]

Editor's Note: This chapter adopted December 11, 1985, by Ordinance No. 85-9, and became effective pursuant to law.

§ 30-9.2 Restoration of Existing Buildings.

[Ord. No. 85-9, § 901]

Any nonconforming building existing at the time of the passage of this chapter[1] may be restored or repaired in the event of partial destruction thereof by fire, explosion, act of God, or act of public enemy. However, any building which is substantially destroyed in the manner aforesaid may be reconstructed and thereafter used only in such a manner as to conform to all provisions of this chapter or pursuant to such variances as may be granted by the Board of Adjustment. When the Zoning Officer has denied a permit for restoration of any such building pursuant to this chapter, he shall forthwith refer the application to the Board of Adjustment. In determining whether or not destruction has been partial, the Board of Adjustment shall be guided by the facts and circumstances of the application being considered, giving due regard, but without being limited to, the following factors:

Nature of the nonconforming use.

Nature and number of structures destroyed or damaged.

Nature and extent of structural damage.

Extent of area of damage to building.

Nature and extent of repairs necessary to restore building.

Extent to which remaining portions of building are usable for reconstruction.

Such other considerations as may be formulated by statute and judicial decision.

When setting forth its conclusions under this subsection, the Board of Adjustment shall make specific factual findings upon which its decision is based. Nothing in this subsection shall prevent the restoration of a wall declared unsafe by the Zoning Officer.

[1]

Editor's Note: This chapter adopted December 11, 1985, by Ordinance No. 85-9, and became effective pursuant to law.

§ 30-10 CONDITIONAL USES.

§ 30-10.1 Applicability.

[Ord. No. 85-9, § 1000]

Before any authorization shall be issued for a conditional use as herein permitted, application shall be made to the Planning Board or the Zoning Board of Adjustment as appropriate.

The Planning Board has the power to grant approval for conditional uses meeting the specifications and standards for such uses as set forth in this chapter. The applicant is required to affirmatively state that all applicable conditional uses are met. No variance to deviate from the standards and specifications of a conditional use shall be granted by the Planning Board. In such cases, the Board of Adjustment is empowered to act in accordance with 40:55D-70d(3) of the Municipal Land Use Law.

§ 30-10.2 Application Requirements.

[Ord. No. 85-9, § 1001]

Application for conditional uses shall be governed by the following:

The applicant shall make a written request for a conditional use permit to the Planning Board affirmatively stating that all applicable conditions are met.

The application shall be accompanied by a site plan and other materials describing the use or development proposed. Such plans and other materials shall provide a sufficient basis for evaluating the applicant's request. Information required by this chapter shall accompany the application.

Fees. The applicant for any hearing on a conditional use request before the Planning Board shall at the time of making application pay to the administrative officer a fee in accordance with a fee schedule adopted by the Township Committee.

§ 30-10.3 Time Period of Action.

[Ord. No. 85-9, § 1002]

The Planning Board shall hold a hearing and act on the application no later than 95 days after the date of submission of a complete application to the administrative officer unless the applicant requests or consents to an extension of time. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application.

§ 30-10.4 Simultaneous Review.

[Ord. No. 85-9, § 1003]

Where an applicant requires subdivision or site plan approval, the applicant may file applications simultaneously for both the subdivision and/or site plan review and the conditional use permit, in which event the municipality shall review the applications simultaneously.

The time period for action of all requested approval shall be 95 days.

§ 30-10.5 Review Procedures.

[Ord. No. 85-9, § 1004]

The Planning Board shall conduct a public hearing on all conditional use permits and make decisions in accordance with the following:

All conditional uses must meet the requirements of this chapter.

The conditional use is found not to impair substantially the use and enjoyment of surrounding properties, not to impair substantially the character of the surrounding area, and not to have any substantial adverse effect on surrounding properties.

The conditional use is found not to affect adversely the plans for the physical development of the Township as embodied in this chapter and in the comprehensive master plan.

The conditional use shall be of such appropriate size, and so located and laid out with respect to access streets that vehicular and pedestrian traffic to and from such use will not create undue congestion or hazards prejudicial to the character of the general neighborhood.

§ 30-10.6 Special Considerations.

[Ord. No. 85-9, § 1005; Ord. No. 99-14, § 11; Ord. No. 2003-18, § I]

Residential Conversions. Within all applicable districts where the use B-14 is permitted, the use of an existing building for apartment units or boarding facilities shall be permitted subject to the following:

Applications shall be filed with the Planning Board Secretary and be forwarded by the Secretary to the Planning Board.

The application shall consist of a written request and the following information:

(a)

Four photographs of the house, one showing each side of the building.

(b)

Sketch plan of the lot showing width and depth of the lot, size and location of all structures, including any accessory buildings such as garages and storage sheds, wells and septic systems.

(c)

A statement indicating the proposed number of dwelling units and occupancy capacity, the room size of each, type of unit, the total building floor area per occupant, and open yard space area per occupant.

(d)

Sketch plan of each floor in which dwelling units will be located, showing the dimensions of each dwelling unit.

General Conditions for Applicable Uses in OR, PC, and LI Districts. Within the OR Office Research, PC Planned Commercial, and LI Light Industrial Districts, the following additional considerations shall apply:

In conjunction with an application for conditional use of all or part of the properties in the OR, PC, and LI Districts, the owners shall submit to the Planning Board plans indicating the proposed parcelling, interior roadways, access points, general location of parking areas, and bulk and type of industrial structures conceived for ultimate development. This shall be considered a master plan and all subsequent sale, lease, covenant, and development shall be in accordance with the conditional use provisions herein and shall meet the spirit and intent of the master plan with reasonable alterations permitted where such alterations improve site development, internal traffic circulation, traffic access to arterial roads, and general design.

Any parcel or parcels for which subdivision and site plan application is made may be in single ownership or joint ownership. Applications may be filed by the owner or owners, and shall be capable of an integrated design of a complete industrial complex or element thereof within their boundary, and shall be in conformance with the master plan as defined above.

The applicant shall submit proof to the effect that any and all nonconforming uses located on the property to be reviewed shall cease their operations and their structures to be removed prior to the commencement of site preparation and construction, in the event that his application is approved, provided such structure is not of historical significance. In such a case, the historic structure shall be retained when feasible.

Single-Family Detached Cluster, Use B-11 and Performance Subdivision, Use B-13. Within all applicable districts where the uses B-11 and B-13 are permitted by conditional approval, the use shall be permitted subject to the following:

The use shall meet all of the criteria for an Aquifer Test and Analysis per § 30-6.8 herein. Failure to meet all of the criteria established within this section shall be basis for denial of these uses.

§ 30-11 ADMINISTRATION.

§ 30-11.1 Establishment of the Planning Board.

[Ord. No. 85-9, § 1100; Ord. No. 98-2, § I]

Establishment; Name. The Planning Board heretofore created by the Township is continued and is hereby established pursuant to the Municipal Land Use Law as the Planning Board for the municipality.

Composition. The Planning Board shall consist of nine members who shall be divided into four classes for convenience in designating their manner of appointment, as follows:

Class I: The Mayor, or the Mayor's designee in the absence of the Mayor.

Class II: One of the officials of the municipality other than a member of the governing body, to be appointed by the Mayor, provided that if there is an Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board, as required by P.L. 1976, c. 245 (N.J.S.A. 40:56A-1), shall be deemed to be the Class II Planning Board member for purposes of this chapter in the event that there is among the Class IV members of the Planning Board both a member of the Board of Adjustment and a member of the Board of Education.

Class III: A member of the governing body to be appointed by it.

Class IV: Six other citizens of the municipality to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, position or employment, except that one such member may be a member of the Historic Preservation Commission. One Class IV member may be a member of the Board of Education. If there is an Environmental Commission, the member of the Planning Board, as required by Section I of P.L. 1968, c. 245 (N.J.S.A. 40:56A-1), shall be a Class IV Planning Board member, unless there is among the Class IV or alternate members of the Planning Board both a member of the Historic Preservation Commission and a member of the Board of Education, in which case the member common to the Planning Board and Municipal Environmental Commission shall be deemed a Class II member of the Planning Board. For the purpose of this section, membership on a municipal board or commission whose function is advisory in nature, and the establishment of which is discretionary and not required by statute, shall not be considered the holding of municipal office.

Terms of Office; Vacancies. The term of the member composing Class I shall correspond to his official tenure. The terms of the members composing Class II and Class III shall be for one year or terminate at the completion of their respective terms of office, whichever occurs first. The term of the class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his or her term of office as a member of the Environmental Commission, whichever comes first. The term of each Class IV member shall be four years. If a vacancy in any class shall occur otherwise than by expiration of the Planning Board term, it shall be filled by appointment as above provided for the unexpired term. Any member other than a Class I member, after a public hearing if he requests one, may be removed by the governing body for cause.

Alternate Members.

There shall be one alternate member in Class II, one in Class III and two in Class IV. Alternate members of Classes II and III shall be appointed for terms to expire at the same time as the terms of regular members of their respective classes. Alternate members of Class IV shall serve for terms of two years. Such alternate members shall be designated by the Chairman as "Alternate No. 1" and "Alternate No. 2" and shall serve in rotation during the absence or disqualification of any regular member or members of Class IV. Alternate members of each class shall be appointed by the same appointment authority as regular members of that class.

No alternate member shall be permitted to act on any matter in which he has either directly or indirectly any personal or financial interest. An alternate member may, after public hearing if he requests one, be removed by the governing body for cause.

Alternate members may participate in discussions of the proceedings but may not vote, except in the absence or disqualification of a regular member of any class. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.

Absence of Member from Hearing. When any hearing before the Planning Board shall carry over two or more meetings, a member of the Board who was absent for one or more of the meetings shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence from one or more of the meetings; provided, however, that such Board member has available to him a transcript or recording of the meeting and certified in writing that the transcript was read or recording listened to.

Service Without Compensation. Members of the Planning Board shall serve without salary but may be paid expenses incurred in the performance of duties.

Conflict of Interest. No member shall be permitted to act on any matter in which he has, directly or indirectly, any personal or financial interest.

Officers. The Planning Board shall elect a Chairman and a Vice Chairman from the members of Class IV. Their terms of office shall each be one year, and they shall be eligible for re-election. The Board shall also select a Secretary, who may but need not be a member of the Board, and it may create and fill such other offices as it shall determine.

Planning Board Attorney; Other Staff and Consultants. The office of Planning Board Attorney is hereby created. The Planning Board may annually appoint to such office and fix the compensation or rate of compensation of an attorney at law of New Jersey other than the Attorney for the municipality. The Planning Board may also employ or contract for and fix the compensation of such experts and other staff and services as it deems necessary. Obligations for the foregoing shall not exceed, exclusive of gifts or grants, the amounts agreed upon and appropriated for the Board's use.

Powers of Planning Board. The Planning Board shall have the power to:

Prepare and adopt a master plan for the physical, economic and social development of the municipality, and amend or revise the same.

Whenever the proposed development requires approval of a subdivision, site plan or conditional use, but not a use variance, the Planning Board, in lieu of the Board of Adjustment and to the same extent and subject to the same restrictions as such Board, shall receive, review, and act upon applications for hardship variances and applications for special permits. The developer may elect to submit a separate application requesting approval of the hardship variance or special permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the hardship variance or special permit shall be conditioned upon grant of all required subsequent approvals by the Planning Board. No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and zoning ordinance.

Participate in the preparation and review of programs or plans required by State or Federal law or regulation.

Assemble data on a continuing basis as part of a continuous planning process.

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.

Exclusivity of Powers. No power expressly authorized by this chapter to be exercised by the Planning Board shall be exercised by any other body except as otherwise provided in this chapter.

§ 30-11.2 Establishment of the Board of Adjustment.

[Ord. No. 85-9, § 1101; Ord. No. 98-2, § II; Ord. No. 2001-8, § 1]

Establishment; Composition; Terms.

The powers and authority of the Union Township Zoning Board of Adjustment shall hereafter be exercised by the Union Township Planning Board pursuant to N.J.S.A. 40:55D-25.

The Class I and Class III members of said Planning Board will not participate in this consideration of applications for development which involve relief pursuant to subsection (d) of Section 57 of Public Laws 1975, c. 291, (N.J.S.A. 40:55D-70d).

All references to the Board of Adjustment in either N.J.S.A. 40:55D-1 et seq. or in the Land Use Code of the Township of Union shall hereafter be deemed to refer to the Planning Board.

(Reserved)

Powers as to Zoning Appeals, Interpretations, Decision and Variances.

The Board of Adjustment shall have the power to:

(a)

Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by any municipal official based on or made in enforcement of the zoning ordinance.

(b)

Hear and decide requests for interpretation of the zoning map or ordinance or for decisions upon other special questions upon which such Board is authorized to pass by any zoning or official map ordinance;

(c)

Variances for Specific Pieces of Property.

(1)

Where, (i) by reason of exceptional narrowness, shallowness or shape of a specific piece of property; or (ii) by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property; or (iii) by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any zoning regulation would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the developer of such property, grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship.

(2)

Where, in an application or appeal relating to a specific piece of property, the purposes of this chapter set forth in § 30-1 and the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) would be advanced by deviation from the zoning ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow the departure from zoning regulations; provided, however, that no variance from those departures enumerated in subparagraph (d) below shall be granted under this paragraph; and provided, further, that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to review a request for a variance pursuant to § 30-11.1j2.

(d)

Grant a variance to allow departure from zoning regulations, including but not limited to allowing a structure or use in a district restricted against such structure or use, in particular cases and for special reasons to permit:

(1)

A use or principal structure in a district restricted against such use or principal structure;

(2)

An expansion of a nonconforming use;

(3)

Deviation from a specification or standard pertaining solely to a conditional use;

(4)

An increase in the permitted floor area ratio as defined in § 30-2b. (Definitions);

(5)

An increase in the permitted density as defined in § 30-2b. (Definitions) except as applied to the required lot area for a lot or lots for detached one and two dwelling unit buildings which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision; or

(6)

A height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure.

A variance under this paragraph shall be granted only by the affirmative vote of at least five members. No variances or other relief may be granted under the terms 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 zoning ordinance.

Proofs Required. No variance or other relief may be granted under the terms of this subsection 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 zoning ordinance.

Powers as to Subdivisions, Site Plans and Conditional Uses. The Board of Adjustment, in lieu of the Planning Board and to the same extent and subject to the same restrictions as the Board, shall receive, review and act upon applications for approval of subdivision plats, site plans and conditional uses, but only in conjunction with the Board of Adjustment's review of applications for approval of use variances.

Powers as to Special Permits. The Board of Adjustment shall receive, review and act upon applications for special permits, except where such authority is conferred upon the Planning Board in conjunction with the Planning Board's review of applications for approval of subdivision plats, site plans or conditional uses.

Referral of Applications. An application under Subsection e1 or Subsection f above may be referred to an appropriate person or agency for its report; provided such reference shall not extend the period of time within which the Board of Adjustment shall act.

Appeals From Administrative Decision; Direct Application in Lieu of Appeals.

Appeals to the Board of Adjustment may be taken by any interested party affected by any decision of an administrative officer of the municipality based on or made in the enforcement of the zoning ordinance or official map. Such appeal shall be taken within 65 days by filing a notice of appeal with the officer from whom the appeal is taken, specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

A developer may file an application for development with the Board of Adjustment for action under any of its powers without prior application to an administrative officer.

Stay of Proceedings Appeal. An appeal to the Board of Adjustment shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the officer from whose action the appeal is taken certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him, that by reason of acts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed other than by an order of the Superior Court upon notice to the officer from whom the appeal is taken and on due cause shown.

Decision on Appeal. The Board of Adjustment may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from, and to that end have all the powers of the administrative officer from whom the appeal is taken.

Exclusivity of Powers. No power expressly authorized by this chapter to be exercised by the Board of Adjustment shall be exercised by any other body except as otherwise provided by this chapter.

§ 30-11.3 Administration and Procedure in General.

[Ord. No. 85-9, § 1102]

Rules and Regulations of Municipal Agencies (Planning Board and Board of Adjustment). Every municipal agency, shall adopt and may amend reasonable rules and regulations, not inconsistent with the Municipal Land Use Law or this chapter, for the administration of its functions, powers and duties, including hearings, and shall furnish a copy thereof to any person upon request and may charge a reasonable fee for such copy. Copies of all such rules and regulations and amendments hereto shall be maintained in the office of the administrative officer.

Published and Mailed Notices.

Whenever any notice by publication is required or permitted under the provisions of this section, shall be published in the official newspaper of the municipality, if there is one, or in a newspaper of general circulation in the municipality.

Whenever any notice is required or permitted to be given by certified mail under the provisions of this section, such notice shall be deemed complete upon mailing.

§ 30-11.4 Meetings of Municipal Agencies (Planning Board and Board of Adjustment).

[Ord. No. 85-9, § 1103]

Regular Meetings. Every municipal agency shall hold regular meetings at the times and places fixed by its rules. Regular meetings shall be scheduled not less than once a month and shall be held as scheduled unless cancelled for lack of applications for development to process.

Special Meetings. Special meetings may be provided for at the call of the Chairman or on the request of any two members, and the same shall be held on notice to the members and the public in accordance with legal requirements.

Open to Public. All regular and special meetings shall be open to the public, and notice thereof shall be given in accordance with the requirements of the Open Public Meetings Law, P.L. 1975, c. 231. An executive session for the purpose of discussing and studying any matters to come before the agency shall not be deemed a regular or special meeting within the meaning of the Municipal Land Use Law.

Actions at Meetings; Quorum. No action except adjournments shall be taken at any meeting without a quorum being present. All actions shall be taken by a majority vote of the members present at such meeting, except as otherwise provided in this section. Failure of a motion to receive the number of votes required to approve an application for development pursuant to the exceptional vote requirements of § 30-11.2e1(e) or (section on official map) shall be deemed an action denying the application.

Minutes. Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the municipal agency and the persons appearing by attorney, the action taken by the agency, the findings, if any, made by it and the reasons thereof. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the administrative officer. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes, and such party may be charged a reasonable fee for reproduction of the minutes for his use.

§ 30-11.5 Application and Appeals to Planning Board and Board of Adjustment.

[Ord. No. 85-9, § 1104; Ord. No. 87-18, § 1; Ord. No. 88-12, § 1; Ord. No. 91-8, §§ 1, 2; Ord. No. 99-6, § 1; Ord. No. 2003-20, § IV; Ord. No. 2004-12, §§ I — V; Ord. No. 2009-6, § 1]

Form. Whenever an application for development to the Planning Board or Board of Adjustment is permitted or required by this chapter, it shall be in such form, and accompanied by such maps, documents and materials as are prescribed by this chapter, and shall be submitted to the administrative officer in such numbers as is prescribed by rule of the Board. The administrative officer shall prepare and furnish to applicants standard application forms which shall require the following information:

Applicant's name, address and telephone number.

Owner's name, address and telephone number.

Interest of applicant in property.

Ownership of applicant.

Name, address and telephone number of applicant's attorney (if represented).

Street address of property.

Tax lot and block number of property.

Zone district in which property is situated.

Description of property.

10.

Description of proposed development.

11.

Type of application.

12.

Specific relief requested.

13.

Sufficient information to facilitate review of the proposed development in light of the criteria and standards applicable to the application for development.

Application Fees and Escrow Deposits for Professional Review.

Application Fees. Each such application or appeal shall be accompanied by payment of a nonrefundable application fee.

Escrow Deposits. In addition to the foregoing non-refundable application fees, all applicants for development shall establish one or more escrow accounts with the municipality to cover all anticipated professional and expert review and consultation fees and services of the municipality, including testimony and costs of certified reporters and transcripts associated with the review and processing of the application. The escrow fees shall be required for all applications for development, and also for appeals pursuant to the Union Township Driveway Ordinance. A separate escrow account shall be established for inspections by the Municipal Engineer of developments under construction.

Escrow Agreement; Replenishment. At the time of submitting an application for development and periodically thereafter, the applicant shall make an initial deposit to the escrow account in the amounts hereinafter provided and shall execute an escrow agreement. The escrow agreement shall be in a form prescribed by the Chief Financial Officer. All application fees and escrow deposits must be paid prior to certification that the application is complete. In the event that the amounts required to be posted by this chapter are not sufficient to cover the municipality's estimated anticipated professional charges associated with the application, the Chief Financial Officer shall request additional escrow funds.

Development Agreement. After development approval and prior to commencement of any construction or issuance of any certificate of occupancy, the applicant shall enter into a development agreement/performance guarantee agreement with the municipality and deposit to the review escrow account a continuing deposit sufficient to pay for anticipated professional services in connection with the development agreement.

Insufficient Escrow; Notice; Procedure. The Municipal Chief Financial Officer shall advise the administrative officer of all escrow deposits made by any applicant, and the amount thereof. If an escrow account or deposit contains insufficient funds to enable the municipality or approving authority to perform required application reviews or improvement inspections, the Chief Financial Officer shall provide the applicant with a notice of the insufficient escrow or deposit balance. In order for work to continue on the development or the application, the applicant shall within a reasonable time period (10 days) post a deposit to the account in an amount to be agreed upon by the municipality or approving authority and the applicant. In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds.

Application Fees and Escrow Deposits for Subdivisions; Site Plans; Variances; Other.

Type of Application			First Check Nonrefundable Application Charge	Second Check Applicant's Escrow Fund
1.	Informal (conceptual) review
	Existing single-family		$100 per meeting*	$1,500 (if professional review requested by the applicant)
	All others		$300 per meeting*	$1,500 (if professional review requested by applicant)
2.	Subdivisions
	Boundary line change or merger of portions of adjoining properties		$400	$1,500
	Minor		$200, plus $250 per lot	$1,500 per lot
	Preliminary major		$500, plus $200 per lot	$1,000, plus $400 per lot; minimum $3,000
	Final major		$500 plus $100 per lot	$400, plus $150 per lot; minimum $1,500
3.	Site Plans
	Site plan waiver		$200	$1,000
	Minor		$350, plus $0.05 per square foot of proposed new building area, plus $0.01 per square foot of site area to be disturbed	$1,500
	Preliminary major		$350, plus $0.10 per square foot of proposed new building area, plus $0.03 per square foot of site area to be disturbed	If the gross floor area of the building is 100,000 square feet or less - $2,000, plus $10 per 1,000 square feet of lot area, plus $10 per 100 square feet of gross floor area of the building. If the gross floor area of the building exceeds 100,000 square feet - $2,000, plus $3.50 per 1,000 square feet of lot area, plus $3.50 per 100 square feet of gross floor area of the building
	Final major		50% of preliminary major site plan fee	If the gross floor area of the building is 100,000 square feet or less - $2,000, plus $3 per 1,000 square feet of lot area, plus $3 per 100 square feet of gross floor area of the building. If the gross floor area of the building exceeds 100,000 square feet - $2,000 plus $1 per 1,000 square feet of lot area, plus $1 per 100 square feet of gross floor area of building
	Telecommunications tower site plan-existing tower		$1,500	$5,000
	Telecommunications tower site plan-new tower		$2,500	$10,000
4.	Variances
	a.	Appeal (N.J.S.A. 40:55D-70(a))	$300 per meeting	$1,500
	b.	Appeal (N.J.S.A. 40:55D-70(b))	$300 per meeting	$1,500
	c. (1)	Bulk variance 40:55D-70(c) existing lots	$300, plus $100 per variance	$3,000
	(2)	Bulk variance 40:55D-70(c) with site plan or subdivision	$300, plus $100 each additional variance	$3,000
	d.	Use Variance (N.J.S.A. 40:55D-70(d))	$500	$3,000
5.	Permit for lot not abutting public street (N.J.S.A. 40:55-36)		$500	$3,000
6.	Extensions of approval request		$500 per meeting	$1,500
7.	On-tract and off-tract improvements		N/A	5% of the cost of the improvement
8.	Development agreement		N/A	$2,000
9.	Deposit for certified shorthand reporter		N/A	$300 per meeting
10.	Aquifer testing
	a.	Aquifer Test Plan Review	$500	Residential subdivision (and site plans) $900 for first lot, plus $100 for each additional lot
				Nonresidential and residential site plans $900 for first 1,000 gals. of average daily demand, plus $100 for each additional 1,000 gals. or part thereof of average daily demand
	b.	Hydrogeologic Report Review	$500	Residential subdivisions and site plans $1,800 for the first lot, plus $200 for each additional lot
				Nonresidential and residential site plans $900 for first 1,000 gals. of average daily demand, plus $100 for each additional 1,000 gals. of average daily demand or part thereof
11.	Carbonate Rock
	a.	Phase I Checklist	$750	$750, plus $200 per acre or portion thereof for each acre of disturbance when site is located in the CRD and $100 per acre or portion thereof for each acre of disturbance when site is located in the CDA
	b.	Phase II Checklist	$750	$1,500, plus $500 per acre or portion thereof for each acre of disturbance when site is located in CRD and $200 per acre or portion thereof for each acre of disturbance when site is located in CDA
12.	Environmental Impact Statement Review		$500
13.	Special Meeting Fee		$1,000
14.	Tax Map Changes		$150, plus $50 per lot

*	The amount of any fees for such an informal review shall be a credit toward fees for review of the application for development, provided the application for development submitted is substantially the same as the concept plan.

Escrow Deposits for Inspection of Improvements.

The applicant shall reimburse the municipality for all reasonable inspection fees paid to the Municipal Engineer for the foregoing inspection of improvements; provided that the developer shall deposit for the inspection fees an amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements, which cost shall be determined pursuant to section 15 of P.L. 1991, c. 256 (C. 40:55D-53.4). For those developments for which the inspection fees are less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited by a developer shall be 50% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the Municipal Engineer for inspection, the developer shall deposit the remaining 50% of the inspection fees. For those developments for which the inspection fees are $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited by a developer shall be 25% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the Municipal Engineer for inspection, the developer shall make additional deposits of 25% of the inspection fees. The Municipal Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit.

The municipal Boards and governing body and the professionals employed by the Boards or the municipality shall not review, act upon or consider any plan until such time as the initial fees and escrows are paid in full and the Township professionals shall not commence reviewing the application until he is advised that the fees and escrows have been paid.

Replenishment of Escrow Deposits. The escrow associated with each application shall be replenished whenever the original escrow is reduced by charges or anticipated charges against the account to 35% or less of the original amount. The Chief Financial Officer shall notify the applicant to replenish the escrow, and the applicant shall upon request deposit up to 100% of the original escrow account. In addition to all of the above, if the Chief Financial Officer shall determine that the estimated anticipated cost of professional review and services exceeds any of the foregoing amounts, the Chief Financial Officer shall require such additional amounts as shall be required to cover such expenses. No further consideration, review, processing or inspection shall be performed by or on behalf of the Board until the additional escrow has been paid.

Accounting of Escrow Deposits.

The applicant may request an accounting of the expenses or fees paid by him for professional review in writing to the administrative officer. The applicant shall be responsible for any costs incurred by the municipality in having its professional and administrative staff prepare an accounting of the fees expended.

In the event the applicant believes the fees charged to be unreasonable, the applicant shall pay such fees under protest, the Planning Board or Board of Adjustment shall hear and decide at a public hearing whether such fees are reasonable and the applicant may appeal the decision of the Planning Board or Board of Adjustment to the municipal governing body provided the applicant shall provide the governing body with that portion of the transcript of the Planning Board or Board of Adjustment hearing on fees, at the applicant's cost, and the appeal shall be on the record made before the Board. The governing body shall consider the appeal in accordance with the provisions of N.J.S.A. 40:55D-17.

Change of Applicant or Developer; Substituted Escrow Deposit. An applicant or developer initiating a land use application for development shall remain responsible for payment and replenishment of all escrow deposits for professional application reviews or improvement inspections in connection with such development, and for the construction of all required improvements and related responsibilities, notwithstanding any change or partial change in the ownership of the property which is the subject of the application for development, unless and until a new or amended escrow agreement and performance guarantee agreement and/or maintenance agreement is entered into by the municipality, the withdrawing applicant/developer and the substituting applicant/developer, and until a substituted performance and/or maintenance guarantee acceptable to the municipality has been posted by the substituting applicant developer and accepted by the municipality.

Interest on Deposits. Whenever an amount of money in excess of $5,000 shall be deposited by an applicant with the municipality for professional services employed by the municipality to review applications for development, for municipal inspection fees in accordance with subsection h of section 41 of P.L. 1975, c. 291 (C. 40:55D-53) or to satisfy the guarantee requirements of subsection a of section 41 of P.L. 1975. c. 291 (C. 40:55D-53), the money, until repaid or applied to the purposes for which it is deposited, including the applicant's portion of the interest earned thereon, except as otherwise provided in this section, shall continue to be the property of the applicant and shall be held in trust by the municipality. Money deposited shall be held in escrow. The municipality receiving the money shall deposit it in a banking institution or savings and loan association in this State insured by an agency of the federal government, or in any other fund or depository approved for such deposits by the State, in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits. The municipality shall notify the applicant in writing of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. The municipality shall not be required to refund an amount of interest paid on a deposit which does not exceed $100, for the year. If the amount of interest exceeds $100, that entire amount shall belong to the applicant and shall be refunded to him by the municipality annually or at the time the deposit is repaid or applied to the purposes for which it was deposited, as the case may be; except that the municipality shall retain for administrative expenses a sum equivalent to no more than 33 1/3% of that entire amount, which shall be in lieu of all other administrative and custodial expenses.

Request for Special Meeting. An applicant for approval of an application may request a special meeting. The Board may schedule such special meeting(s) at a date and time convenient to the applicant, the Board and the public. There shall be paid to the municipality, prior to the meeting, a nonrefundable special meeting fee of $100. In addition, the administrative officer may require an additional escrow deposit of up to $1,000 for each special meeting.

Availability of Applications to Environmental Commission. If the Environmental Commission has prepared and submitted to the Planning Board an index of the natural resources of the municipality or region, the Planning Board shall make available to the Environmental Commission an informational copy of every application for development submitted to the Planning Board. Failure to do so shall not invalidate any hearing or proceeding.

Applications for Conditional Uses: Additional Data. Each application for a conditional use shall include a request for any required site plan approval that is related thereto.

Informal Review of Concept Plan. At the request of the developer, the Planning Board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development. The amount of any fees for such an informal review shall be a credit toward fees for review of the application for development. (N.J.S.A. 40:55D-10.1).

Applications for Use Variances; Additional Data. The Board of Adjustment shall have the power to grant subdivision or site plan approval or conditional use approval whenever the proposed development requires approval of a variance pursuant to § 30-11.2e1(d). The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good (including, but not limited to, the purposes set forth in N.J.S.A. 40:55D-2) and without substantial impairment of the intent and purpose of the zoning plan and zoning ordinance. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided in this chapter or the approval in question, and the special vote pursuant to the aforesaid § 30-11.2e1(d) shall not be required.

Completeness of Applications. An application for development shall be complete for the purposes of commencing the applicable time period for action by a municipal agency when so certified by the municipal agency or its authorized committee or designee. In the event that the agency, committee or designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon expiration of the forty-five-day period for the purposes of commencing the applicable time period unless (1) the application lacks information indicated on a checklist provided to the applicant pursuant to Subsection p below and (2) the municipal agency or its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the applications within 45 days of submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the agency or its authorized committee shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The municipal agency may subsequently require correction of any information found to be in error and submission of additional information not specified in the chapter, 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 revision in the accompanying documents so required by the municipal agency.

Checklists. The following information is to be shown or indicated on applicable plans:

For subdivision sketch plan, the information required by the subdivision section of this chapter.

For preliminary plat of major subdivision, the information required by the subdivision section of this chapter.

For final plat of major subdivision, the information required by the subdivision section of this chapter.

For site plan, the information required by the site plan section of this chapter.

For an application for the development which requests a hardship variance, a use variance, a special permit or a decision on a special question, and which is not accompanied by a site plan, the following information:

(a)

Specify the type of relief being requested.

(b)

Describe how the relief requested invoices the minimum deviation from the Land Use Code or the master plan of all available development actions.

(c)

For a use variance, indicate the special reasons for the application, i.e. serves any of the purposes of zoning set forth in 40:55D-2, promotes the general welfare.

(d)

The relief requested would not, if granted, substantially impair the intent and purpose of the zone plan and zoning regulations and would not produce substantial detriment to the public good.

In addition, the checklist shall also indicate that the information to be included in the required application form and the required application fee are necessary for a complete application.

The administrative officer shall prepare such checklist and shall furnish the same to applicants together with the appropriate application form.

Mapping in Compliance with Geographic Information System (GIS).

At the time the final plat is submitted for signature of the Township officials, the applicant shall submit the following:

(a)

Computer Aided Design (CAD) generated data file(s) using AutoCAD Release 14 or more recent upgrade, prepared by a New Jersey licensed land surveyor, directly translatable into an identical image of the file map. The file shall be submitted on a standard compact disk.

(b)

The format shall be either:

(1)

A CAD drawing; or

(c)

The compact disk must also include a Word File and all appropriate coordinate information including offset and rotation such that the CAD drawings can be readily imported into the Township's Geographic Information System (GSI) using ArcView GIS Version 3.2 or more recent upgrade.

All text shall be on a separate layer of the CAD drawing.

The file(s), drawings, and all layers must be drawn at real New Jersey plane coordinates NAD83 (or the most current State plane coordinate system) position, and the view must be unrotated so that the NJPCS North points othographically up (vertical) on the screen. The drawing shall identify, at a minimum, three monument markers distributed around the corners of the tract. These monument markers shall be identified in US survey feet. The information required on the final plat shall be submitted in the data file(s) and appear as separate layers on the CAD drawing:

(a)

The location of all existing and proposed signage.

(b)

The location of all existing and proposed catch basins or stormwater drain inlets.

(c)

The location of all existing and proposed culverts, shown from the centerline of road to the center of the structure.

(d)

All existing and proposed stormwater outfall piping and stormwater conveyances and all receiving surface water bodies or all neighboring properties through which the discharged stormwater will flow prior to intersecting a stream.

(e)

The location of all existing and proposed detention basins, filter strips, riparian buffers, infiltration trenches, sand filters, constructed wetlands, wet basins, bioretention systems, low flow bypasses, drywells, and/or other mechanisms used to control stormwater.

(f)

The location of all existing and proposed water lines.

(g)

The location of all existing and proposed groundwater discharges (e.g., infiltration basins, drywells, crawl spaces or basement pumps, foundation or footing drains).

(h)

The location of all existing and proposed septic systems, and sewerage facilities.

(i)

The location of all existing and proposed water storage tanks or facilities used for the fire fighting activities.

(j)

A map of all existing and proposed irrigation systems.

(k)

The location of all existing and proposed swimming pool discharges.

(l)

The location of all existing and proposed wastewater flows from rinsing/cleaning commercial or industrial equipment.

(m)

The location of existing and proposed nonstormwater discharges including, but not limited to noncontact cooling water, process wastewater, rinsing/cleaning of equipment or other commercial/industrial discharges either to land surface, surfacewater bodies, soils, bedrock, or groundwater.

(n)

The data file(s) shall contain any site description as required by the Union Township Planning Board/Board of Adjustment. This data includes site description information shown on the preliminary plan and/or site plan, environmental impact statement as required by Union Township's Land Use Code § 30-26, Schedules B., C. Item 54, and any data given by the applicant after the initial plans are submitted. Site description information shall include the following information as deemed applicable by the Union Township Planning Board/Board of Adjustment:

(1)

Wetlands.

(2)

Marshes, ponds, lakes.

(3)

Spring flows, riparian habitats and wetlands, water reservoir discharges and diverted stream flows.

(4)

Vegetated areas.

(5)

Endangered species habitats.

(6)

Steep slopes.

(7)

Floodplains.

(8)

Conservation easements and open space.

(9)

Streams and stream corridors.

(10)

Distinctive scenic and/or historic features.

(11)

Additional site features as required by the Union Township Planning Board/Board of Adjustment.

By mutual agreement of the applicant, the Township Engineer who maintains the Tax Maps can be requested to do the required conversion to CAD based on those hourly fees listed on the Engineer's annual professional services agreement.

§ 30-11.6 Hearings on Master Plan and Applications for Development.

[Ord. No. 85-9, § 1105]

Hearing Required. The municipal agency shall hold a hearing on each proposed adoption, amendment or revision of the master plan and on each application for development.

Documents To Be Filed and Available for Inspection. Any maps and documents proposed or for which approval is sought shall be on file and available for public inspection at least 10 days before the date of the hearing during normal business hours in the office of the administrative officer. Other documents, records or testimony may be produced at the hearing to substantiate, clarify or supplement the previously filed maps and documents.

Oaths and Subpoenas. 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 the production of relevant evidence, and the provisions of the County and Municipal Investigation Law, P.L. 1953, c. 39 (N.J.S.A. 2A:67A-1 et seq.), shall apply.

Testimony of Witnesses as to Application for Development. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right of cross examination shall be permitted to all interested parties through their attorneys, if represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.

Rules of Evidence. Technical rules of evidence shall not be applicable, but the agency may exclude irrelevant, immaterial or unduly repetitious evidence.

Recording of Proceedings; Transcripts. The municipal 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 on request to any interested party at his expense.

§ 30-11.7 Notice of Hearings on Master Plan and Applications for Development.

[Ord. No. 85-9, § 1106]

Notice Required; Exceptions. Notice of hearing shall be given by the Planning Board as to the proposed adoption, amendment or revision of the master plan, and by the applicant as to applications for development, at least 10 days prior to the date of the hearing. However, notice shall not be required as to applications for review and preliminary approval of conventional site plans, for approval of minor subdivisions nor for final approval of site plans and major subdivisions unless as a part of the application in such cases relief is sought from the Planning Board for a hardship variance or for a special permit, in which event notice shall be required, except as provided in the subdivision and site plan sections of this chapter.

Contents. The notice shall state the date, time and place of the hearing, the nature of the matters to be considered and the location and times at which any maps and documents proposed or for which approval is sought are available in the office of the administrative officer. In addition, in cases of applications for development, the notice shall contain an identification of the property proposed for development by street address, if any, or by references to lot and block numbers as shown on the current tax duplicate in the Township Assessor's office. Also, notice of any application for development shall include reference to all requests made in conjunction therewith, whether for approval of a site plan, subdivisions, conditional use, variance or special permit.

Notice by Publication. Notice shall be given in all cases by publication.

Notice to Adjoining Municipalities. Notice shall also be given by personal service or certified mail to the Clerk of any adjoining municipality in cases involving property located within 200 feet of such municipality.

Notice to County Planning Board. Notice shall also be given by personal service or certified mail to the County Planning Board in cases of proposed adoption, amendment or revision of the master plan and in cases of applications for development of property adjacent to an existing County road or a proposed road shown on the Official County Map or County Master Plan, or property adjoining other County land, or property situated within 200 feet of a municipal boundary. Such notice shall also include the master plan proposed for adoption of any proposed amendment or revision thereof.

Notice to Commissioner of Transportation. Notice shall also be given by personal service or certified mail to the Commissioner of Transportation in cases of applications for development of property adjacent to a State highway.

Notice to Director of State and Regional Planning. Notice shall also be given by personal service or certified mail to the Director of the Division of State and Regional Planning in the Department of Community Affairs in cases of applications for development of property exceeding 150 acres or 500 dwelling units, and such notice shall also include a copy of any maps or documents required to be on file with the administrative officer.

Notice to Property Owners; List of Property Owners To Be Furnished. In case of applications for development, notice shall also be given by the applicant to the owners of all real property, as shown on the current tax duplicate, located within 200 feet in all directions of the property which is the subject of the hearing before the Planning Board or Board of Adjustment, by serving a copy thereof on each owner or his agent in charge of the property or by mailing a copy thereof by certified mail to each such owner at his address as shown on the tax duplicate, provided that this requirement shall be deemed satisfied by notice to the condominium association, in the case of any unit owner whose unit has a unit above or below it, or the horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. It is not required that a return receipt be obtained. Notice is deemed complete upon mailing (N.J.S.A. 40:55D-14). Notice to a partnership owner may be given to any partner, and notice to a corporate owner may be given to its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation, and notice to a condominium association, horizontal property, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property which is subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners or homeowners on account of such common elements or areas. The Township Assessor's office shall, within seven days of written request by the applicant, make and certify a list from the current tax duplicate of the names and addresses of the property owners entitled to notice as aforesaid, and a sum not to exceed $0.25 per name or $10 whichever is greater, may be charged for such list. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notices to any owner not on the list shall not invalidate any hearing or proceeding.

Proof of Service. An affidavit of proof of the giving of notice as required by this section for any application for development shall be filed by the applicant with the municipal agency at or prior to the hearing.

§ 30-11.8 Notice of Adoption of Master Plan.

[Ord. No. 85-9, § 1107]

Notice to County Planning Board. Notice of each adoption, amendment or revision of the Master Plan shall be given to the County Planning Board by the Township Planning Board by personal service or certified mail not more than 30 days after the date of such adoption, amendment or revision, and such notice shall include a copy of such adopted master plan, amendment or revision.

§ 30-11.9 Decisions To Be Reduced to Writing and Include Findings and Conclusions: Resolution of Memorialization; Time Limitations.

[Ord. No. 85-9, § 1108]

The municipal 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 municipal agency shall provide the findings and conclusions through:

A resolution adopted at a meeting held within the time period provided in this chapter for action by the municipal agency on the application for development; or

A memorialization resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the municipal agency voted to grant or deny approval. Only the members of the municipal 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 resulting from the failure of a motion to approve an application pursuant to this subsection 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 municipal agency and not to be an action of the municipal agency; however, the date of the adoption of the resolution shall constitute the date of the decision for the purposes of the mailings, filings and publications required by paragraphs f and g below.

If the municipal agency fails to adopt a resolution or memorializing resolution as hereinabove specified, any interested person may appeal to the Superior Court in a summary manner for an order compelling the municipal agency to reduce its findings and conclusions to writing within a stated time and cost of the application, including attorneys fees, shall be assessed against the municipality.

County Planning Board Approval. Whenever review or approval of any application by the County Planning Board is required by P.L. 1968, c. 285, Section 5 or Section 8 (N.J.S.A. 40:27-6.6), the municipal agency shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or upon County Planning Board approval by default for failure to report thereon within the required time period.

Developments Barred by Administrative or Judicial Order. In the event that a developer submits an application for development that is barred or prevented, directly or indirectly, by a legal action instituted by any State agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any State agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the municipal agency shall process such application for development in accordance with this chapter, and if such application complies with the requirements of this chapter, the municipal agency shall approve such application, conditioned on removal of such legal barrier to development.

Approval by Other Governmental Agencies. In the event that development proposed 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 the subsequent approval by such governmental agency.

Absence of Board Member From Hearing. When any hearing before a Board shall carry over two or more meetings, a member of the Board who was absent for one or more of the meetings shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence from one or more of the meetings; provided, however, that such Board member has available to him a transcript or recording of the meeting from which he was absent and certifies in writing to the Board that he has read such transcript or listened to such recording.

Furnishing Copies of Decision. A copy of each decision shall be mailed by the municipal agency, within 10 days after the date of decision, to the applicant, or if represented, then to his attorney, without separate charge, and to all others upon request, for a reasonable fee.

Filing in Office of Administrative Officer. A copy of each decision shall also be filed by the municipal agency in the office of the administrative officer, who shall make a copy of the filed decision available to any interested party for a reasonable fee and available for public inspection at his office during reasonable hours.

Publication. A brief notice of every final decision shall be published in the official newspaper of the Township. Such publications shall be arranged by the administrative officer without separate charge to the applicant. The notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.

Preliminary Approval of Site Plans and Major Subdivisions. Preliminary approval shall be granted or denied on applications to the Planning Board for a site plan of 10 acres or less or for a major subdivision of 10 or fewer lots within 45 days, and for a site plan of more than 10 acres or for a major subdivision of more than 10 lots within the 95 days, after the date of submission of a complete application to the administrative officer, except as otherwise provided in paragraphs m, n and o below.

Minor Subdivision Approval; Final Approval of Site Plans and Major Subdivisions. Final approval of site plans and major subdivisions and approval of minor subdivisions shall be granted or denied on applications made to the Planning Board within 45 days after the date of submission of a complete application to the administrative officer, except as otherwise provided in paragraphs m, n and o below.

Conditional Use Approval. Approval of conditional uses shall be granted or denied on applications made to the Planning Board within 95 days after the date of submission of a complete application to the administrative officer.

Application or Appeal as to Zoning. The municipal agency shall decide appeals or applications for variances, interpretations or decisions as to zoning regulations not later than 120 days after the date an appeal is taken from the action of the administrative officer or after the date a complete application is submitted to the administrative officer, except as otherwise provided in Subsection I above.

Conditional Use or Site Plan Review Simultaneously With Subdivisions. Whenever the Planning Board reviews conditional uses or site plans simultaneously with subdivisions, the longer or longest period of time for action in any such case shall apply to all such cases.

The time for decision when Planning Board reviews application for subdivision, site plan or conditional use approval that includes request for hardship variance or special permit is as follows:

Whenever an application to the Planning Board for approval of a subdivision plat, site plan or conditional use includes a request for hardship variance, the Planning Board shall grant or deny approval of the application within 120 days after the date of submission of the complete application to the administrative officer.

In the event that the developer elects to submit a separate consecutive application pursuant to § 30-11.5a, the aforesaid 120-day limitation shall apply to the application for approval of the hardship variance or special permit, and the period for granting or denying any subsequent approval shall be as otherwise provided in this chapter.

Conditional Use Applications Requesting Site Plan Approval. Whenever the Planning Board reviews an application for conditional use that includes a request for site plan approval, the Planning Board shall grant or deny approval of the application within 95 days after the date of submission of a complete application to the administrative officer.

Board of Adjustment Review in Conjunction With Use Variance. Whenever an application is made to the Board of Adjustment for subdivision, site plan or conditional use approval in conjunction with the Board's review of a use variance, the Board of Adjustment shall grant or deny approval of the application within 120 days after the date of submission of a complete application to the administrative officer.

Extension of Time for Decision. Any time period specified for action by a municipal agency may be extended with the consent of the applicant or appellant.

Failure to Render Decision on Time. The failure of any municipal agency to act within such time period or extension thereof shall constitute a decision favorable to the applicant or appellant. A certificate of the administrative officer as to such failure shall be issued on request of the applicant or appellant, and it shall be sufficient in lieu of written endorsement or other evidence of approval required by this chapter and shall be accepted as such by the County Clerk for any purposes of filing subdivision plats.

§ 30-11.10 Appeals to Township Committee on Applications for Development.

[Ord. No. 85-9, § 1109]

Appeals Permitted From Decision of Board of Adjustment Approving an Application for Use Variance.

Any interested party may appeal to the Township Committee any final decision of the Board of Adjustment approving an application for a use variance (§ 30-11.2e1(e)).

Time and Manner of Appeal; Fee. Such appeal shall be made within 10 days after the date of publication of the decision pursuant to § 30-11.9h by serving upon the Township Clerk personally or by certified mail a notice of appeal specifying the grounds thereof and the name and address of the appellant and, if represented, his attorney, and certifying that a transcript of the proceedings below has been ordered, the date ordered and the name and address of the person from whom ordered. A copy of such notice shall also be filed by the appellant with the Board of Adjustment. The notice served upon the Township Clerk shall be accompanied by a payment to the municipality of a fee of $50.

Proceedings Stayed by Appeal; Exceptions. An appeal to the Township Committee shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the Board of Adjustment certifies to the Township Committee, after the notice of appeal has been filed with such Board, that any reason of facts stated in the certificate a stay would in the Board's opinion cause imminent peril to life or property; and in such a case, proceedings shall not be stayed other than by order of the Superior Court on applications upon notice to such Board and on good cause shown.

Appeal To Be Decided on Record; Transcript.

An appeal shall be decided by the Township Committee only upon the record established before the Board of Adjustment.

The appellant shall (a) within five days of service of the notice of appeal pursuant to Subsection a above, arrange for a transcript pursuant to § 30-11.6f for use by the Township Committee and pay a deposit of $50 or the estimated cost of such transcript, whichever is less, or (b) within 35 days of service of the notice of appeal, submit a transcript as otherwise arranged to the Township Clerk; otherwise, the Township Committee, on its own motion or on motion of any person entitled to notice of the Board of Adjustment's decision pursuant to § 30-11.9f after hearing upon at least 10 days' written notice to the appellant by the moving party, may dismiss the appeal.

Notice of Meeting. Notice of the meeting to review the record below shall be given by the Township Committee by personal service or certified mail to the appellant, to those entitled to notice of the Board of Adjustment's decision pursuant to § 30-11.9f and to the municipal agency at least 10 days prior to the date of the meeting.

Argument Permitted; Recording of Meeting. The parties may submit oral and written argument on the record at such meeting, and the Township Committee shall provide for verbatum recording and transcripts of such meeting in the manner provided by § 30-11.6f.

Power to Affirm, Reverse or Remand; Vote Required to Affirm, Reverse or Remand. The Township Committee may affirm with or without the imposition of conditions, reverse or remand the final decision appealed from, and 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 the same.

Time for Decision; Failure to Render Decision on Time. The Township Committee shall conclude a review of the record below not later than 95 days from the publication of the notice of the subject decision of the Zoning Board of Adjustment 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 render a decision within such specified period without such written consent of the appellant shall constitute a decision affirming the action of the Zoning Board of Adjustment.

Furnishing Copies of Decision. The Township Committee, not later than 10 days after the date of its decision, shall mail a copy thereof to the appellant, or if represented, then to his attorney, without separate charge, and, for a reasonable charge, to any other interested party who requests it.

Publication of Decision. A brief notice of every final decision shall be published in the official newspaper of the Township. Such publications shall be arranged by the administrative officer without separate charge to the applicant. The notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.

§ 30-11.11 Tolling of Running of Period of Approval of Applications for Development.

[Ord. No. 85-9, § 1110]

Running of Approval Period Tolled by Certain Disabilities. In the event that during the period of effectiveness provided for the approval of any application for development, the developer is barred, directly or indirectly, from proceeding with the development otherwise permitted under such approval by a legal action instituted by any State agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any State agency, political subdivision or court of competent jurisdiction to protect the public health or welfare, and the developer is otherwise ready, willing and able to proceed with said development, the running of the period of effectiveness of approval under this chapter shall be suspended for the period of time the legal action is pending or such directive or order is in effect.

§ 30-11.12 Development Regulations and Capital Improvement Programs.

[Ord. No. 85-9, § 1111]

Referral of Development Regulations to Planning Board. Before adopting, amending or revising any development regulation, the Township Committee shall refer the same to the Planning Board for a report and recommendation and shall review the Planning Board's report and recommendation when considering the adoption thereof. The Township Committee may disapprove or change any such recommendation only by a majority vote of its full authorized membership, and in such event it shall record in the minutes the reasons for not following the same. Failure of the Planning Board to transmit such report within 35 days after the Township Committee has made such referral shall relieve the Township Committee of the other requirements of this action.

Hearing on Development Regulations and Capital Improvement Programs. The Township Committee shall hold a hearing before adopting, amending or revising any development regulation or before adopting any capital improvement program or amendment or revision thereof that has been recommended to it by the Planning Board.

Notice of Hearing. Notice of hearing shall be given by the Township Committee by personal service or certified mail at least 10 days prior to the date of the hearing to the County Planning Board and, in cases involving property situated within 200 feet of an adjoining municipality, to the Clerk of such municipality.

Contents of Notice. Such notice shall state the date, time and place of the hearing and the nature of the matters to be considered and shall include a copy of the proposed development regulation, capital improvement program.

Notice of Adoption of Official Map or Capital Improvement Program. Notice of the adoption of any official map or capital improvement program or amendment or revision thereof shall be given by the Township Committee to the County Planning Board by personal service or certified mail within 30 days after the date of such adoption, and the notice shall include a copy of such adopted official map, capital improvement program, amendment or revision.

Filing of Development Regulations With County Authorities. No zoning, subdivision or site plan regulation or any amendment or revision thereof shall take effect until a copy thereof is filed with the County Planning Board; and the official map shall not take effect until filed with the County Clerk.

Filing of Development Regulations With Clerk. Copies of all development regulations and any amendments or revisions thereof shall be filed and maintained in the office of the Township Clerk.

General Laws as to Passage of Ordinances Unaffected. The requirements of this section as to development regulations shall be in addition to those imposed by the law generally for the passage of ordinances.

§ 30-11.13 Reexamination of Master Plan and Development Regulations.

[Ord. No. 85-9, § 1112]

Periodic Reexamination and Report by Planning Board. The Planning Board shall, at least every six years, make a general reexamination of the master plan and development regulations and prepare a report on the findings of such reexamination. The Board shall send a copy of the report to the Township Committee, the County Planning Board and the Clerk of each adjoining municipality. The six-year period shall commence with the submission of the preceding Planning Board report.

Contents of Report. The report of the Planning Board shall state:

The major problems and objectives relating to land development in the municipality and region at the time of the preceedings report, if any.

The extent to which such problems and objectives have been reduced or have increased subsequent to such date.

The extent to which there have been significant changes in the assumptions, policies and objectives forming the basis for the master plan or development regulations as last revised, with particular regard to the density and distribution of population land uses, housing conditions, circulation, conservation of natural resources and changes in State, County and municipal policies and objectives.

The specific changes recommended for such master plan or development regulations, if any, including underlying objectives, policies and standards, or whether a new plan or regulations should be prepared.

§ 30-11.14 Protection of the Right to Farm.

[Ord. No. 87-2, § 1; Ord. No. 2000-2, § 3]

Purpose. The purpose of this subsection in keeping with the policy of the New Jersey legislature as expressed in the Right to Farm Act, N.J.S.A. 4:1 C-1 et seq. is to conserve, protect and encourage with development and improvement of agricultural lands within the Township for the production of food and other agricultural products and the preservation of open space; to protect and encourage the viability of the agricultural industry by establishing a positive agricultural business climate in order to promote agricultural production to serve the interests of all citizens of Union Township. It is the purpose of this subsection to help reduce the loss of agricultural land in Union Township by protecting commercial farms operated in accordance with acceptable methods and techniques of agricultural production from nuisance actions, while at the same time acknowledging the need to provide a proper balance among the varied and sometimes conflicting interests of all lawful activities in the State of New Jersey.

Definitions. As used in this subsection:

ACCEPTABLE MANAGEMENT PRACTICES

Shall mean agricultural management practices recommended or endorsed by the State Agricultural Development Committee and all relevant Federal or State statutes or rules and regulations adopted pursuant thereto.

COMMERCIAL FARM

Shall mean any operation producing with the exception of sale agricultural or horticultural products worth $2,500 or more annually and which meet the eligibility requirements for differential property taxation pursuant to the "Farmland Assessment Act of 1964", N.J.S.A. 54:4-23.1 et seq.

NUISANCE

Shall mean any private action which unreasonably interferes with the comfortable enjoyment of another's property, which may be enjoined or abated, and for which the injured or affected property owner may recover damages.

Protections.

In all relevant actions filed subsequent to the adoption of this subsection, it shall be presumed that a commercial farm or agricultural use, structure or activity in connection therewith which is conducted or located within Union Township and which conforms to acceptable agricultural management practices and which does not pose a direct threat to public health and safety, shall not constitute a public or private nuisance, nor shall any such use, activity, or structure be deemed to otherwise invade or interfere with the use and enjoyment of any other land or property or pose an unusual or unreasonable threat to persons.

Any agricultural use or common farmsite activity which conforms to acceptable agricultural management practices when reasonable and necessary for the operation of the commercial farm may occur on holidays, Sundays, and weekdays, at night and in the day, subject to the restrictions and regulations of the Township's zoning ordinance, State and Township Health and Sanitary Codes, and State and Federal environmental regulations.

Agricultural uses and common farmsite activities specifically protected by this subsection include but are not limited to production, harvesting, storage, grading, packaging and processing of farm products, wholesale and retail marketing of crops, plants, animals, and other related commodities; the use and applications of techniques and methods of soil preparation and management; fertilization; weed, disease and post control; disposal of farm waste; irrigation, drainage, and water management; and grazing.

Mediation.

When the Township is in receipt of a complaint alleging that an agricultural use, structure or activity in connection with a commercial farm operation constitutes a nuisance or is not in conformance with acceptable management practices as defined herein, the Township Committee may refer the complaint to the duly appointed Agricultural Protection Committee for mediation.

Upon referral of such a complaint by the Township Committee to the Agricultural Protection Committee, the Committee shall invite the affected parties to discuss the nature of the complaint, its reasonableness or unreasonableness in light of acceptable management practices, and any solution or remedy which will satisfy the aggrieved party without interfering with or discouraging the operation of the commercial farm against which the complaint was registered. Determination of whether the farm is following acceptable management practices shall be made by the State Agricultural Development Committee. The results of the meeting shall be nonbinding upon either party and shall not abridge the right of either party to take legal action concerning the complaint.

Composition of the Agricultural Protection Committee.

The Agricultural Protection Committee shall consist of five members.

The members of the Agricultural Protection Committee shall serve for a term of two years. If a member dies or retires from the Committee before the term is up, the member who takes his or her place shall serve the unexpired term.

Deed Notice. Whenever (1) a commercial farm, as that term is defined in Subsection b., is subdivided, or (2) a new major or minor subdivision abuts a commercial farm, or (3) a new major or minor subdivision contains space which were not owned by individual homeowners or a homeowner's association, and the space is at least five acres in size, or (4) the subdivision of any parcel within the Agricultural Development District as shown in the Union Township Comprehensive Master Plan and Background Analysis Report of 1984, as amended, then the following language shall be inserted in the deed of all lots:

Grantee is hereby noticed there is, or may in the future be, farm use near the described premises from which may emanate noise, odors, dust, lights, and fumes associated with agricultural practices permitted under the Right to Farm section of the Union Township Land Use Code.

§ 30-11.15 (Reserved) [1]

[1]

Editor's Note: Former § 30-11.15, Transfer of Development Rights, containing portions of Ord. No. 99-14, was repealed in its entirety by Ord. No. 2000-11, § 13.

§ 30-12 ENFORCEMENT.

§ 30-12.1 Application of Regulations.

[Ord. No. 85-9, § 1200; Ord. No. 2015-06 § 6]

Hereafter, no land shall be used or occupied, and no building or structure shall be erected, altered, used or occupied except in conformity with the regulations herein established for the district in which such land, building, or structure is located.

In cases of mixed occupancy, the regulations for each use shall apply to the portion of the building or land so used.

§ 30-12.2 Zoning Officer.

[Ord. No. 85-9, § 1201; Ord. No. 2001-8, § 11; Ord. No. 2015-06 § 6]

Appointment and Qualifications. The provisions of this chapter shall be administered and enforced by the Zoning Officer with the aid of the governing body and other municipal agencies. The Zoning Officer shall be appointed and compensated by the governing body and shall not hold any elective office in the municipality.

It shall be the duty of the Zoning Officer and said officer shall have the power to:

Receive and examine all applications for zoning and other development permits.

Process zoning permit applications for all uses as enumerated in § 30-5 as permitted within the applicable districts. Where required, applications shall be forwarded to the Planning Board, Construction Official, Township Engineer, and Board of Adjustment for approval or disapproval.

Review applications for zoning and other development permits for erection or alterations of structures or changes of use in order to determine whether such construction or use is in accordance with general requirements of the chapter, all other applicable ordinances, and the laws and regulations of the State of New Jersey. Permits for construction of uses requiring a use variance shall be issued only upon order of the Board of Adjustment. Permits requiring conditional approval by the Planning Board shall be issued only after receipt of approval from the Planning Board.

Conduct inspections and surveys of uses, structures, lots, and signs to determine compliance or noncompliance with the terms of this chapter. In carrying out such surveys, the Zoning Officer or his representative may enter upon any land but shall in all cases notify the property owner or other party in possession, in advance, of his intention to enter any dwelling house, unless he shall first have secured a search warrant.

Issue stop, cease, and desist orders; and order in writing correction of all conditions found to be in violation of the provisions of all applicable municipal ordinances. Such written orders shall be served personally or by certified mail upon persons deemed by the Zoning Officer to be violating terms of this chapter. It shall be unlawful for any person to violate any such order issued lawfully by the Zoning Officer, and any person violating any such order shall be guilty of a violation of this chapter.

With the approval of the governing body, or when directed by them, institute in the name of the municipality any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, occupancy, or use of any building, structure, or land in order to restrain, correct, or abate such violation, so as to prevent such occupancy or use of any building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises and to do all things necessary to pursue the prosecution of said violation(s).

With the approval of the governing body, or when directed by them, institute in the name of the municipality a citation for a violation of this chapter before the Municipal Court, and to do all things necessary to pursue the prosecution of said violation(s).

Revoke any order or zoning or development permit issued under a mistake of fact or contrary to the law of the provisions of this chapter.

Record and file in the municipal building all applications for zoning and other development permits with accompanying plans and documents. All applications, plans, and documents shall be public record.

10.

Maintain a map showing the current zoning classification of all land which shall be posted at the municipal building.

11.

Maintain a map and register showing the registration, identity, location, and type of all nonconforming uses and structures, which shall be posted at the municipal building.

12.

Be available to testify in all proceedings before the Board of Adjustment; present facts and information to assist the Board in reaching a decision.

13.

Keep a record of all plans and applications for permits and all permits issued, with notations as to special conditions attached thereto.

14.

Review final site plans for issuance of building and zoning permits. However, the Zoning Officer, at the time of application for a permit may not approve minor variations in the final site plan. Site plans involving such variations shall require Planning Board review of the change and a determination by the Board that the change does not affect the basic considerations of site plan review.

15.

Receive, review, process and approve or disapprove in a timely manner applications for zoning clearance/local approval for construction permits to be issued by the Township Construction Official and/or New Jersey Department of Community Affairs. Applications with supporting documentation and plans may be forwarded by the Zoning Officer to the Township Engineer as may be required or appropriate.

§ 30-12.3 Zoning Permits Required.

[Ord. No. 85-9, § 1202; Ord. No. 87-13, § 3; Ord. No. 93-12, § 1; Ord. No. 2002-01, § 3; Ord. No. 2015-06 § 6]

Use Permits.

Requirement of Use Permits. It shall be unlawful for any person to make any use of any building, farming unit, or other structure or land until a use permit has been duly issued therefor. Use permits shall be required prior to any of the following:

(a)

Use of any building or other structure hereinafter erected, altered, or enlarged for which a construction permit or frontage improvement plan is required;

(b)

Change in use in any building or structure;

(c)

Use of land or change in the use thereof, except that the placing of vacant land under cultivation shall not require a use or occupancy permit;

(d)

Change in the use or expansion of a nonconforming use.

Applications for Use Permits. All applications for use permits shall be made to the Zoning Officer in writing on forms furnished by the municipality and shall include all information necessary to enable the Zoning Officer to ascertain compliance with this chapter. Whenever the use of a premises involves a new building or structure or alterations to an existing structure, application for a use permit shall be made prior to application of a building permit. When no construction or alteration is involved, application for a use permit and an occupancy permit may be made simultaneously at any time prior to the use or occupancy of the structure or land.

Issuance of Use Permits. No use permit shall be issued until the Zoning Officer has certified that the proposed use of land or existing or proposed building or structure complies with the provisions of the applicable district and other provisions of this chapter. Issuance of a use permit does not permit occupancy; an occupancy permit is also required.

Fees for Zoning Permit. The application fee for a Zoning Use Permit shall be in accordance with the fee schedule as found at § 30-12.4.

Construction Permits.

Requirement of Construction Permits.

(a)

Construction Without a Permit Unlawful. Local clearance by the Zoning Officer for a construction permit shall be required prior to the erection, alteration, or enlargement of any building, other structure, or portion thereof. It shall be unlawful for any person to commence work for the erection, alteration, or enlargement of any building, structure, or portion thereof until a zoning permit (local clearance) has been duly issued therefor, prior to the issuance of a construction permit pursuant to the New Jersey Uniform Construction Code.

(1)

Provisional Approval for Alterations. Local zoning clearance for alterations in residential one-family structures, including plumbing, electrical work, etc., may be provisionally obtained upon the certification of the owner or owner's authorized applicant, by completion and signing of a prescribed form from the Zoning Office website or the municipal building, and the filing of the original of same with the Zoning Officer, by fax, email or other delivery, together with the applicable fee, if any, and a copy thereof with the local Construction Official. Provisional local clearance shall be sufficient authority for the Construction Official to issue construction permits for alterations; however, if the Zoning Officer subsequently determines that the said zoning certification was incomplete, incorrect or contrary to the provisions of law, the Zoning Officer may revoke the local clearance for such alteration(s).

(b)

Nonresidential Farm Buildings. A nonresidential farm building requires an application for a building permit. However, if a nonresidential farm building is to be placed more than 150 feet from any road or property line, if the proposed construction is found by the municipality to be outside the floodplain, and, if a permit has been applied for, no building requirements other than yard requirements need be complied with.

Application for Construction Permit. All applications for local clearance for construction permits shall be made to the Zoning Officer in writing on a form furnished by the municipality and shall be accompanied by a plot plan drawn accurately showing the exact size and location of any buildings or other structures existing on the lot in question or upon abutting land within 100 feet of the side and rear lines of such lot and the lines within which the proposed building or other structures shall be erected, altered or enlarged. The plot plan shall also indicate the location of any existing easements on the property, including but not limited to utility, drainage, conservation, landscape and rights-of-way, as well as the location of all natural resource areas defined in § 30-6.4b. There shall in addition be included with all applications such other plans, documents, and information as may be necessary to enable the Zoning Officer to ascertain compliance with this chapter, and all other pertinent ordinances, including subsection 13-2.16 of the Union Township Code relating to driveways.

Issuance of Construction Permits. Before a zoning, use or local clearance for construction permit is issued for a new building or for an extension or relocation of an existing building or before zoning approval is issued for any permit required for the installation of any improvements required by this chapter or by a subdivision or site plan approved by the Planning Board, a licensed engineer or land surveyor shall visibly locate the building or improvements together with the lot lines of the intended site for inspection by the Zoning Officer. The Zoning Officer shall ascertain that all requirements of this chapter and/or the approved plot plan are complied with before issuing local clearance for a construction permit.

After completion of foundation for new buildings, a location survey shall be made by a land surveyor to ascertain the exact location of the structure and driveway in respect to lot lines.

Occupancy Permits.

Requirement of Zoning Occupancy Permits. It shall be unlawful for any person to occupy any building, farming unit, or other structure or land under any of the conditions listed below until a zoning occupancy permit has been duly issued therefor. Occupancy permits shall be required prior to any of the following:.

(a)

Occupancy of any building or other structure hereinafter erected, altered, or enlarged for which a building permit is required;

(b)

Change in use of any building or structure;

(c)

Use of land or change in the use thereof, except that the placing of vacant land under cultivation shall not require an occupancy permit.

(d)

Change in the use or expansion of a nonconforming use.

Application for Occupancy Permits. All applications for occupancy permits shall be made to the Zoning Officer in writing on forms furnished by the municipality and shall include all information necessary to enable the Zoning Officer to ascertain compliance with this chapter. When use of premises involves a new building or structure, application for a use permit and local clearance for a construction permit shall be made prior to application for an occupancy permit. When no alteration or construction is involved, application for a use permit and an occupancy permit may be made simultaneously at any time.

Issuance of Occupancy Permits. No land, or building or structure erected pursuant to obtaining a use permit and/or local clearance for a construction permit shall be occupied until inspected and certified as to compliance with all zoning, erosion and sedimentation control, final grading, construction, safety, and sanitary ordinance, codes, and regulations, and until an occupancy permit has been issued by the Zoning Officer. Prior to, and as a condition of, the issuance of an occupancy permit for new residential construction, the Zoning Officer shall require that all easements shown on the final subdivision plan for the property in question are recorded against the property. No local clearance for a construction permit shall be issued for a single-family residential dwelling served by a well unless the well is certified to produce six gallons per minute over a three hour period by the well driller.

Issuance of Temporary Occupancy Permits. Approval for a temporary use or occupancy permit may be granted for a period not to exceed 90 days prior to completion of construction, provided that all structural work is completed, all permits relating to sewage and water have been obtained and filed with the municipality and all permit fees have been paid, and provided further that the person seeking the temporary use and occupancy permit posts with the municipality pursuant to an escrow agreement in a form satisfactory to the Township Attorney, sufficient funds to complete the construction, grading, etc. and provided further that the applicant has complied with the requirements of subsection 13-2.16 of the Union Township Code relating to driveways.

Fee for Occupancy Permit. The application fee for an occupancy permit shall be in accordance with the fee schedule herein.

Certificate of Occupancy.

Applicability. Prior to the change in use or occupancy of any commercial or industrial use within the Township, the owner of record or with the written authorization of the owner, shall apply for and receive a change of use and/or occupancy permit from the Township Zoning Officer.

Procedure. The owner/applicant in requesting a change in use or occupancy permit shall supply and certify to the satisfaction of the Zoning Officer the following information:

(a)

The names, addresses and telephone numbers of the proposed owners and tenants of the premises;

(b)

The type(s) and brief description(s) of the proposed use of the premises including:

(1)

The size in square feet of all use areas on the premises. In the event that more than one use is located on the premises (i.e. manufacturing with office space) all use areas shall be separately indemnified;

(2)

Number of employees;

(3)

Hours of operations;

(4)

Current parking available on-site;

(5)

Location and size of signage; and

(6)

Identification of any hazardous materials stored or used on-site.

(c)

The proposed use of the premises including the provisions of paragraphs d2(b)(1) through d2(b)(6) above.

(d)

Certification that all municipal taxes and all other applicable fees and charges are current on or in regard to the subject premises.

Administration. The Zoning Officer upon application for a certificate of occupancy permit should:

(a)

Review the Township's land use, building, and other applicable records to determine compliance with the Land Use Code;

(b)

Review the most recent approval resolution of the Planning Board or Board of Adjustment as the case may be and insure compliance therewith;

(c)

Verify that the parking, signage and other requirements of the Land Use Code and prior approvals are being met by inspection, if deemed necessary by the Zoning Officer;

(d)

Verify that all fees and taxes for the subject property are current;

(e)

Upon compliance with the Land Use Code and other applicable regulation, issue a certificate of use and occupancy permit. In issuing a permit, the Zoning Officer may attach any reasonable conditions as may be deemed appropriate to insure continued compliance with the Land Use Code.

(f)

Verify receipt of application fee in accordance with the fee schedule herein.

Use and Occupancy Permits for Mining Extraction.

Requirement for Such Permits. No extraction shall commence or continue on a site within a district in which operation of a quarry is permitted unless a use and occupancy permit has been duly issued. Therefore, such permit shall be required prior to any of the following:

(a)

The removal or extraction of clay, rock, sand, or minerals;

(b)

The process of crushing or grading stone, sand, clay, or other materials.

(c)

The leaching of minerals from clay, rock, or sand;

(d)

The use of any portion of the site for truck loading and unloading of clay, rock, sand, or minerals; and,

(e)

The stockpiling of stone, sand, clay, or other materials.

Application for Such Permits. All applications for such permits shall be made to the Zoning Officer in writing to ascertain compliance with this chapter.

Issuance of Such Permits. No such permit shall be issued until the Zoning Officer has received the following;

(a)

A copy of all reports and permits, except for financial and test bore data, as required by the New Jersey Bureau of Mines. Such reports and permits shall have been submitted and/or issued within one year of the date of application for such a permit.

(b)

A contour plat, drawn to a scale of 100 feet to the inch and contour intervals of five feet showing:

(1)

The legal outbound as described in the deed and all adjacent tax parcels;

(2)

The zoning district boundary lines;

(3)

The existing excavation pit, if applicable, and proposed location and extent of the pit or lake;

(4)

The location of all existing and proposed overburden;

(5)

The location of all structures, including all residences on adjacent parcels;

(6)

All setback and yard requirements;

(7)

All existing and proposed access points and internal circulation; and,

(8)

A reclamation plan.

(c)

A copy of the current, valid quarrying license issued in accordance with Section 20-1 of the Union Township Land Use Code, regarding licensing of quarrying.

Annual Renewal of Such Permits and Fees.

(a)

All quarries, whether or not such quarries have been in operation prior to the adoption of this chapter, must renew the use and occupancy permits for mining extraction and pay an annual fee to the municipality before April 15 beginning the year following the year in which a permit for the operation of a quarry has been secured.

(b)

The application for an annual permit shall be in accordance with Subsection 3 above.

(c)

Upon receiving such application the Township Engineer shall inspect the site to determine that the operation is in conformance with the Bureau of Mines permits and reports, and the required setbacks and all other provisions of this chapter. The Township Engineer shall submit his written findings to the governing body. If the governing body finds that the application for an annual permit conforms with this chapter, an annual use and occupancy permit for mining extraction shall be issued. If the governing body finds that the application does not conform with the requirements of this chapter, the governing body shall authorize the Zoning Officer to issue a cease and desist order as provided within this chapter until such violation is corrected.

Sign Permit. Every new sign shall have a permit indicating compliance with the requirements and regulations of this chapter and other applicable codes and ordinances, including the Sign Regulations of the Township of Union, § 30-8 of the Union Township Land Use Code. No sign, except for those exemptions designated below, shall be constructed or altered until such a permit has been issued.

Exemptions. Any sign listed in exempt signs in § 30-8.7 herein shall be exempt from the requirements for a sign permit, provided that they conform to the requirements and regulations of this chapter and have no electrical parts or usage.

General Regulations.

(a)

Any sign within an historic area shall be reviewed by the Planning Board prior to the issuance of a permit.

(b)

No permit shall be issued for any electrical sign which is manufactured by a company not listed in the current Electrical Construction Manufacturers List Manual, or for which no label number has been approved by the Fire Underwriters Laboratories.

Application Requirements. To obtain a sign permit, an applicant shall make application on a form provided by the municipality, pursuant to § 30-8 of the Union Township Land Use Code.

§ 30-12.4 Fees.

[Ord. No. 85-9, § 1203; Ord. No. 2015-06 § 6]

The fees for each permit shall be in accordance with the permit fee schedule herein.

Zoning Permit Fees (§ 30-12.4)
Driveway	$75
Sign	75
New Home	125
Residential Addition	125
Alterations	50
In-kind replacement of existing equipment or facility	no fee
Telecommunications Towers
Existing
Fee	2,500
Escrow	5,000
New
Fee	5,000
Escrow	10,000
Commercial/Industrial Structures
New	150
Addition	150
Barns/Pole Barns/Agricultural	50
Home Occupation	50
Temporary Use/Structure	75
All Other Zoning	75

§ 30-12.5 Conditional Issuance of Permits and Certificates.

[Ord. No. 85-9, § 1204; Ord. No. 2015-06 § 6]

The issuance of any development permit or certificate of occupancy may be conditioned upon the express approval of appropriate State, County, or municipal agencies.

§ 30-12.6 Suspension and Revocation of Permits and Certificates.

[Ord. No. 85-9, § 1205; Ord. No. 2015-06 § 6]

Any permit or certificate of occupancy may be suspended or revoked by the Zoning Officer if he shall determine that the development is being undertaken, used or occupied in violation of the permit or certificate, and the suspension or revocation may be rescinded by the Zoning Officer upon correction of the violation. Such suspension or revocation shall be in addition to other remedies.

§ 30-12.7 Sale of Land Prior to Subdivision Approval; Penalty; Actions.

[Ord. No. 85-9, § 1206; Ord. No. 2015-06 § 6]

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 agent, any land which forms a part of a subdivision for which approval is required by the chapter, such person shall be subject to a penalty not to exceed $1,000 and each lot deposition so made may be deemed a separate violation.

In addition to the foregoing, the municipality may institute and maintain a civil action for injunctive relief and to set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale, or conveyance of the land, or within six years if unrecorded.

§ 30-12.8 Certificate of Approval of Subdivision.

[Ord. No. 85-9, § 1207; Ord. No. 2015-06 § 6]

The prospective purchaser, prospective mortgagee or any other person interested in any land which forms a part of a subdivision may apply in writing to the Township Clerk for the issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board. Such application shall contain a diagram showing the location and dimensions of the land to be covered by the certificate and the name of the owner thereof.

The Township Clerk shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. The officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office.

Each such certificate shall be designated a certificate as to approval of subdivision of land and shall certify:

Whether there exists in the Township a duly established Planning Board and whether there is an ordinance controlling subdivision of land adopted under the authority of the Municipal Land Use Law; and

Whether the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board, and, if so, stating the date of such approval and any extensions and terms thereof and that the subdivision of which the lands are a part is a validly existing subdivision.

Whether such subdivision, if same has not been approved, is statutorily exempt from the requirement of approval as provided in this act.

The Township Clerk shall be entitled to demand and receive for such certificate issued by him a reasonable fee not in excess of those provided in N.J.S.A. 54:5-14 and 54:5-15. The fee so collected by such officer shall be paid by him to the municipality.

§ 30-12.9 Rights of Owner of Land Covered by Certificate or Failure to Issue Certificate.

[Ord. No. 85-9, § 1208; Ord. No. 2015-06 § 6]

Any person who shall acquire for a valuable consideration an interest in the lands covered by any such certificate of approval of a subdivision in reliance upon the information therein contained shall hold such interest free of any right, remedy, or action which could be prosecuted or maintained by the municipality pursuant to the provisions of § 30-12.7.

If the Township Clerk fails to issue any such certificate within 15 days after the receipt of the application and fees therefore, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action by the municipality pursuant to § 30-12.7.

§ 30-12.10 Injunctive Relief.

[Ord. No. 85-9, § 1209; Ord. No. 2015-06 § 6]

In case any development is undertaken, occupied or used in violation of this chapter or any rule, regulation, or order made under the authority of this chapter or in case such violation is threatened, the Zoning Officer, in his own official behalf or on behalf of the municipality or any municipal agency or any interested party, in addition to other remedies, may institute any appropriate action or proceedings to prevent such violation or to restrain, correct, or abate such violation or to prevent any illegal act, conduct, business, occupancy, or use in or about the premises that are subject of the development; provided that no such action or proceeding shall be instituted by the Zoning Officer in any court other than the Municipal Court, except in case of emergency, unless the governing body shall first have authorized the same.

§ 30-12.11 Right of Entry.

[Ord. No. 85-9, § 12-10; Ord. No. 2015-06 § 6]

The Zoning Officer or his representative shall have the right to enter any premises any reasonable time for the purpose of making inspections in the course of his duties, or, as permitted by law, to investigate violations of this chapter.

§ 30-12.12 Fines and Penalties.

[Ord. No. 85-9, § 1211; Ord. No. 94-4, § 1; Ord. No. 2015-06 § 6]

Except as otherwise provided in § 30-12.7, any owner, contractor, general agent, architect, building contractor, tenant, or any other person who commits, takes part in, or assists in promulgating any violation of this chapter, or who maintains any land, structure or premises in which a violation of this chapter shall exist, and who fails to abate said violation within five days after written notice served upon him by either mail or personal service by the Zoning Officer, or by the Planning Board, Zoning Board or Township Attorney on behalf of the Zoning Officer shall be in violation of this chapter. For each and every violation of this chapter, the responsible person(s) as indicated above shall be subject to one or more of the following: Imprisonment in the Hunterdon County Jail for any term not exceeding 90 days, or by a fine not exceeding $1,000, or by a period of community service not exceeding 90 days. Each and every day that such violation continues after such notice shall be considered a separate and specific violation of this chapter.

In addition to the powers given to the Zoning Officer as aforesaid, the owner of, or any person having an interest in, any property in Union Township may make complaint for any violation of this chapter or any provision or section thereof and upon conviction in such case, the penalties hereinbefore provided shall be imposed.

Penalties relating to soil erosion are as set forth in Section 15 of Chapter 251, Soil Erosion and Sedimentation Control Act of 1975 (N.J.R.S. 4:24-53).

§ 30-12.13 Enforcement Remedies.

[Ord. No. 85-9, § 1212; Ord. No. 2015-06 § 6]

In case any building, structure, or land is or is proposed to be erected, constructed, reconstructed, altered, converted, maintained, or used in violation of this chapter, the governing body or, with the approval of the governing body, the Zoning Officer may institute in the name of the municipality, in addition to other remedies, any appropriate action or proceeding to prevent, restrain, correct, or abate such building, structure, or land or to prevent in or about such premises any act, conduct, business or use constituting a violation.

§ 30-13 GENERAL PROCEDURES FOR SITE PLANS AND SUBDIVISIONS.

§ 30-13.1 Filing and Referral.

[Ord. No. 85-9, § 1300; Ord. No. 2003-4, § II]

The Clerk of the Planning Board, after an applicant for preliminary or final approval has submitted an application in proper form with the requisite fees, shall refer the application to the Planning Board or its designated subcommittee or administrative officer to determine, within 45 days of application submission, if the application is complete. Upon a determination of completeness, the Clerk shall notify the applicant of the hearing date so that he can comply with the notice requirements and refer the site plan or subdivision and exhibits to all local reviewing agencies and the County Planning Board. The Planning Board may also designate other local County, State or other governmental officials or agencies to receive copies of any application for review and recommendation. The following chart shall be used to determine the completeness of an application.

Number of Copies Required For:
Application Elements	Minor Site Plan	Major Site Plan Preliminary	Major Site Plan Final	Minor Subdivision	Major Subdivision Preliminary	Major Subdivision Final
Fees	x	x	x	x	x	x
Application	25	25	25	25	25	25
Plan	25	25	25	25	25	25
Natural Resource Plan	25	25	no	no	25	no
Site Capacity Calculations	25	25	no	no	25	no
Soil and Erosion Control Plan	25	25	no	25	25	no
Utility Plan	25	25	no	25	25	25
Street Plan	no	25	25	no	25	25
Landscape Plan	no	25	25	no	25	25
Lighting Plan	no	25	25	no	25	25
Review Escrow	3	no	3	3	no	yes
Affidavit of Ownership (or authorization by owner)	3	3	no	3	3	no
Proof of Payment of Taxes	3	3	no	3	3	no
Letter of Intent: Number and Type of Units	no	25	no	no	25	no
Phasing Plan	no	no	25	no	no	25

x - As required by Township resolution.

All plans and various submittals shall be folded and placed in the order consistent with the Board Secretary's submittal instructions.

§ 30-13.2 Purpose of Concept Plan.

[Ord. No. 85-9, § 1301]

Prior to the submittal of a formal plan, the applicant is encouraged to submit a concept plan to the Board for discussion purposes.

Applicants for subdivision or site plan approval are encouraged to attend at least one pre-application meeting with the Planning Board or its designated subcommittee to discuss the relationship of the chapter to the applicant's property and the general design of the proposed lotting plan or land development.

§ 30-13.3 Exemptions from Concept Plan Review.

[Ord. No. 85-9, § 1302]

The following land development applications need not apply for a concept plan review with the Planning Board and may proceed directly to a formal site plan or subdivision application.

Permits to install signs, lights, and landscaping.

Normal maintenance or replacement activities.

An addition of less than 25% of an existing structure or a parking lot expansion of five spaces or less.

§ 30-13.4 Information for Concept Plan Review.

[Ord. No. 85-9, § 1303; Ord. No. 90-2, § 7]

The concept plan is considered a sketch or general plan neither fully engineered nor surveyed. Information used to prepare the concept plan can be available from secondary source information such as the Soil Conservation Survey Map or U.S. Geodetic Survey maps, but should be sufficiently detailed to allow the Planning Board to make suggestions on general site design and layout for circulation, stormwater management, location of open space and buffers and building arrangements and to determine how the Land Use Code affects the proposal.

It is recommended that data furnished at this stage include the following:

Block and lot number.

Name and address of the owner/applicant.

Name and address of the professional engineer, professional planner, certified landscape architect, registered architect, and/or professional land surveyor responsible for the plan. (A non-professional can prepare a concept plan containing all the information listed in this section. The concept plan should be neatly and accurately drawn.)

Zoning requirements, including:

(a)

Applicable district.

(b)

Maximum density permitted and proposed density.

(c)

Lot size and yard requirements.

(d)

Required and proposed open space and impervious surface ratios.

(e)

Any variances granted.

Location map showing the relation of the site to adjoining properties and streets within 1,000 feet, at a scale of one inch equals 800 feet.

North arrow.

Written and graphic scales, including scale of location map.

Total acreage of the site.

Site boundaries.

10.

Intersecting boundaries of all adjoining properties (with names of landowners).

11.

Streets on and adjacent to the site with future rights-of-way.

12.

Buildings and their uses, driveways, sewer lines, storm drains, culverts, bridges, utility easements, quarries, railroads, and other significant man-made features within 500 feet of and within the site, including properties across roadways.

13.

The net buildable site area, if required for use.

14.

Proposed general street layout.

15.

Proposed general lot layout, if subdivision is proposed.

16.

Types of buildings proposed.

17.

Numbers of units proposed.

18.

Open space areas.

19.

Recreation areas.

20.

Natural features map.

(a)

Contour lines measured at vertical intervals not less than 20 feet and to be of sufficient detail to determine slopes. Slopes may be determined by interpretation of U.S.G.S. maps for the concept plan stage.

(b)

Flood plain areas.

(c)

Flood plain soil areas.

(d)

Slope areas 0% to 10%, 10% to 15%, 15% to 20% and greater than 20%.

Forest areas.

Streams.

Lakes and ponds.

Wetlands.

Site capacity calculations (See § 30-6.3 of this chapter). All area measurements used for these calculations shall be indicated for each resource on the natural features map or on the plan, whichever is applicable.

§ 30-13.5 Effect of Concept Plan Review.

[Ord. No. 85-9, § 1304]

Neither the applicant nor the Planning Board is bound by a concept plan review. The suggestions made at the concept plan stage may change with new information discovered when a formal development application is prepared using original site-specific data and on-site test findings. The applicant may request a review of an additional concept plan based upon new information prior to submission of a preliminary subdivision or site plan application.

§ 30-13.6 Improvement Guaranties Required; Surety; Release.

[Ord. No. 85-9, § 1305]

Before recording final subdivision plans or as a condition of final site plan approval, the Planning Board shall require and shall accept, in accordance with the standards adopted herein, for the purpose of assuring the installation and maintenance of on-tract public improvements and landscaping:

The furnishing of a performance guarantee in favor of the Township in an amount not to exceed 120% of the cost of installation of improvements which the Township deems necessary and appropriate including: streets, grading, pavement, gutters, curbs, sidewalks, street lighting, 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 devises, public improvements of open space and, in the case of site plans only, other on-site improvements and landscaping.

(a)

The cost of said improvements shall be determined by the Township Engineer based on documented construction costs for public improvements prevailing in the general area of the Township.

(b)

The Township Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guarantee, which itemized cost estimate shall be appended to each performance guarantee posted by the obliger.

(c)

The developer shall provide 10% of the total amount of the performance guarantee in the form of cash. When the cash guarantee exceeds $5,000, it shall be deposited by the Township in a separate interest bearing escrow account. Interest earned in excess of $100 per year shall be returned to the developer after a 33 1/3% reduction of the total interest has been retained by the Township for administrative and other custodial expenses.

(d)

In addition to Subsection a1(b) above, the developer may, at his/her sole discretion, provide more than 10% of required performance bond and any portion of a required maintenance bond in cash.

The furnishing of a maintenance guaranty, to be posted with the governing body, for a period of two years after final acceptance of the improvement, in an amount equal to 15% of the cost of the improvement. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the Township for such utilities or improvements.

The time allowed for installation of the improvements for which the performance guaranty has been provided may be extended by the governing body by resolution. As a condition or part of any such extension, the amount of any performance guaranty shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation as determined as of the time of the passage of the resolution.

If the required improvements are not completed or corrected in accordance with the performances guaranty, the obligor and surety, if any, shall be liable thereon to the Township for the reasonable cost of the improvements not completed or corrected, and the Township may, either prior to or after the receipt of the proceeds thereof, complete such improvements.

Upon substantial completion of all required appurtenant utility improvements and the connection of same to the public system, the obligor may notify the Township in writing by certified mail addressed in care of the Township Clerk of the completion or substantial completion of improvements and shall send a copy thereof to the Township Engineer. Thereupon the Township Engineer shall inspect all improvements of which such notice has been given and shall file a detailed report, in writing, with the Township, indicating either approval, partial approval, or rejection of such improvements with a statement of reasons for any rejection. The cost of the improvements as approved or rejected shall be set forth.

The Township shall either approve, partially approve, or reject the improvements on the basis of the report of the Township Engineer and shall notify the obligor, in writing by certified mail, of the contents of the report and the action of the approving authority with relation thereto not later than 65 days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty, except for that portion sufficient to secure provisions of the improvements not yet approved, provided that 30% of the amount of the performance guaranty posted may be retained to insure completion of all improvements.

If any portion of the required improvement 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 subsection shall be followed.

Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the Township or the Township Engineer.

The obligor shall reimburse the Township for all reasonable inspection fees paid to the Township Engineer for the foregoing inspection of the improvements, provided that the Township may require of the developer a deposit for all or a portion of the reasonably anticipated fees to be paid to the Township Engineer for such inspection.

In the event that final approval is by stages or sections of development pursuant to Subsection a of Section 29 of the Municipal Land Use Act (N.J.S.A. 40:55D-38), the provisions of this subsection shall be applied by stage or section.

§ 30-14 SITE PLAN REVIEW; GENERAL PROVISIONS.

§ 30-14.1 Application of Requirement.

[Ord. No. 85-9, § 1400]

No development shall take place within the Township nor shall any land be cleared or altered, nor shall any watercourse be diverted or its channel or floodplain dredged or filled, nor shall any parking areas, accessory or otherwise, be constructed, installed or enlarged, nor shall any building permit, zoning permit, certificate of occupancy or other required permit be issued with respect to any such structure, land or parking area, except in accordance with an approval of such development granted pursuant to this chapter unless exempted in accordance with § 30-14.2.

§ 30-14.2 Exemptions.

[Ord. No. 85-9, § 1401]

Single-family and two-family residential structures and structures and uses incidental thereto permitted as of right under applicable zoning regulations are exempt from the site plan requirements.

The following additional developments are also exempt from the requirements.

The construction of a parking area for less than five vehicles.

Any structure or use for which a site plan review application was made to the Planning Board prior to the effective date of this chapter, and that is developed in accordance with an approval of such application theretofore or hereafter given by the Planning Board pursuant to prior ordinances and regulations.

§ 30-14.3 Interpretation; Variances.

[Ord. No. 85-9, § 1402]

The rules, regulations and standards set forth in this chapter shall be considered the minimum requirements for the protection of the health, safety, and welfare of the citizens of the Township. Any action taken by the Planning Board under the terms of this chapter shall give primary consideration to such matters and to the welfare of the entire community. However, if the applicant can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of this chapter is impractical or will exact undue hardship, the Planning Board may permit such variances as may be reasonable, within the general purpose and intent of the rules, regulations and standards established by this chapter.

§ 30-14.4 Waiver of Requirements.

[Ord. No. 85-9, § 1403]

The Planning Board or its designated subcommittee or administrative officer may waive the requirements if the proposed development:

Secured previous site plan approval under the terms of this chapter;

Involves normal maintenance or replacement, such as a new roof, painting, new siding or similar activity; or,

Does not affect existing circulation, drainage, building arrangements, landscaping, buffering, lighting and other considerations of site plan review.

§ 30-14.5 Reservation of Public Areas.

[Ord. No. 85-9, § 1404]

If the master plan or the official map provides for the reservation of designated streets, public drainageways, flood control basins, parks, or other public areas within the proposed development, before approving a site plan, the Planning Board may further require that such streets, ways, basins, or areas be shown on the planning locations and sizes suitable to their intended uses. The Planning Board may reserve the location and extent of such streets, ways, basins, or areas, shown on the plan for a period of one year after the approval of the final plan or within such further time as may be agreed to by the developer. Unless during such period or extension thereof the Township shall have entered into a contract to purchase or instituted condemnation proceedings according to law for the fee or lesser interest in the land comprising such streets, ways, basins, or areas, the developer shall not be bound by such reservations shown on the plan and may proceed to use such land for private use in accordance with applicable development regulations. The provisions of this subsection shall not apply to the streets and roads, flood control basins or public drainageways necessitated by the land development and required for final approval.

The developer shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use. In such instance, unless a lesser amount has previously been mutually agreed upon, just compensation shall be deemed to be the fair market value of an option to purchase the land reserved for the period of reservation; provided that the determination of such fair market value shall include but not be limited to consideration of the real property taxes apportioned to the land reserved and prorated for the period of the reservation. The developer shall be compensated for the reasonable increased cost of legal, engineering or other professional services incurred in connection with obtaining site plan approval caused by the reservation.

§ 30-15 PROCEDURE FOR SITE PLAN APPROVAL.

§ 30-15.1 Procedure for Minor Site Plan Approval.

[Ord. No. 85-9, § 1500; Ord. No. 2014-3 § 3]

The Planning Board may waive notice and public hearing for an application for site plan if the Planning Board or subcommittee of the Board appointed by the Chairman finds that the application for site plan conforms to the definition of minor site plan. Minor site plan approval shall be deemed to be a final approval of the site plan by the Board, provided that the Board or the subcommittee may condition such approval on terms ensuring the provisions of improvement pursuant to N.J.S.A. 40:55D-38, 40:55D-39, 40:55D-41 and 40:55D-53.

Minor site plan approval shall be granted or denied within 45 days of the date of submission of a complete application to the administrative officer, or within such further time as may be consented to by the applicant.

Whenever review or approval of the application by the County Planning Board is required by Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), the Township Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or by its failure to report thereon within the required time period.

The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval was granted, shall not be changed for a period of two years after the date of minor site plan approval.

§ 30-15.2 Procedures for Major Site Plans.

[Ord. No. 85-9, § 1501]

The Planning Board shall act upon, at a hearing within the time periods provided in this chapter, every application for the preliminary approval of a site plan.

Public notice of application shall be required for all site plans in excess of 10 acres and all site plans requiring a variance by the Planning Board or Board of Adjustment.

§ 30-15.3 Procedure for Notification if Application Incomplete.

[Ord. No. 85-9, § 1502]

The developer shall be notified in writing of the deficiencies therein by the Board or the Board's designee for the determination of completeness within 45 days of submission of such application or it shall be deemed to be properly submitted.

§ 30-15.4 Decision of Planning Board as to Preliminary Approval.

[Ord. No. 85-9, § 1503]

See § 30-11, Administration, § 30-11.9.

§ 30-15.5 Effect of Preliminary Approval.

[Ord. No. 85-9, § 1504; Ord. No. 2005-8, § 1]

Preliminary approval of a site plan shall, except for extensions provided for in this chapter, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:

That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and on-site and off-tract improvements; and any requirements peculiar to the specific site plan. The Township may modify by ordinance such general terms and conditions of a preliminary approval as they may relate to public health and safety, provided such modifications are in accord with amendments adopted by ordinance subsequent to approval.

That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary site plan.

In the event that an application for final site plan approval, whether for a major site plan or minor site plan, as provided for in N.J.S.A. 40:55d-50 is not submitted within the three-year period set forth above, or within the time period of any extension granted pursuant to § 30-15.6, then and in that event, no application for final site plan approval will be accepted and the preliminary site plan approval shall be deemed to have lapsed, shall be void and shall have no further effect.

§ 30-15.6 Extension of Preliminary Approval.

[Ord. No. 85-9, § 1505; Ord. No. 2005-8, § 4]

The applicant may apply for and the Planning Board may grant extensions of such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards may govern.

In the case of a site plan for an area of 50 acres or more or conceptual master site plan approval, the Planning Board may grant the rights referred to above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension of preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development; provided that if the design standards have been revised, such revised standards may govern.

Any application for extension of a preliminary site plan or preliminary subdivision approval must be filed with the Planning Board before the expiration of the initial statutorily protected approval period, as set forth in the MLUL and the respective sections of the Township of Union Land Use Ordinances, expires. Any application for extension made after expiration of the applicable initial statutorily conferred approval period shall be deemed untimely and denied.

§ 30-15.7 Variances; Planning Board Review in Lieu of Board of Adjustment.

[Ord. No. 85-9, § 1506]

The Planning Board may, when exercising its powers pursuant to this chapter, grant variances as provided in § 30-11.1 herein.

§ 30-15.8 Planning Board Action on Final Site Plan Approval.

[Ord. No. 85-9, § 1507]

The Planning Board shall, within the applicable time period set forth in this chapter after a public hearing, approve the application for final site plan approval with or without conditions, provided the following requirements are met:

The detailed drawings and specifications meet all applicable codes and ordinances.

The final plans are substantially the same as the approved preliminary site plans.

All improvements, both on-site and off-site, have been installed, or, with regard to on-site improvements only, bonds have been posted to ensure the installation of on-site improvements.

Proof has been submitted that all taxes and assessments for local improvements on the property have been paid.

§ 30-15.9 Notice.

[Ord. No. 85-9, § 1508]

No public notice of applications for final site plan approval shall be required.

§ 30-15.10 Decision of Planning Board as to Final Approval.

[Ord. No. 85-9, § 1509]

See § 30-11, Administration, § 30-11.9.

§ 30-15.11 Effect of Final Approval.

[Ord. No. 85-9, § 1510]

Final approval shall terminate the time period of preliminary approval for the section granted final approval and shall guarantee the applicant that the zoning requirements applicable to the preliminary approval and all other rights conferred upon applicant as part of preliminary approval shall not be changed for a period of two years after the date of final approval.

§ 30-15.12 Time Limit for Final Approval and Extensions.

[Ord. No. 85-9, § 1511]

Final approval shall expire two years from the date of final approval unless the applicant has secured a building permit to commence construction. The Planning Board may extend final approval and the protection offered under § 30-15.13 for one year. Up to three such extensions may be granted. Applicants shall be required, as a condition of any extension, to reestimate improvement costs and to resubmit revised bonds in accordance therewith.

In the case of a site plan for a performance subdivision or residential cluster of 50 acres, or a corporate office and industrial park or conventional site plan for 150 acres or more, the Planning Board may extend the rights granted under final approval for such period of time, longer than two years, as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter and the Planning Board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.

§ 30-15.13 Conditions of Final Approval.

[Ord. No. 85-9, § 1512]

The Planning Board may, as a condition of final approval:

Grant final approval only for a designated geographic section of the development.

Grant final approval for certain work but require resubmission for final approval for designated on-site elements, such as but not limited to landscaping, signs, street furniture, etc., in which case approval of these elements shall be a prerequisite for issuance of a certificate of occupancy or zoning permit.

§ 30-16 SITE PLAN DETAILS.

§ 30-16.1 Site Plan Requirements.

[Ord. No. 85-9, § 1600; Ord. No. 90-2, § 8; Ord. No. 99-14, § 13; Ord. No. 2001-2, § 2]

The site plan shall be prepared by a professional engineer, land surveyor, architect, landscape architect or professional planner at an appropriate scale recommended by the Township Engineer. The site plan shall be based on the latest Tax Map information and shall be of a standard size as required by the Map Filing Act. The site plan shall contain the following information:

A key map of the site with reference to surrounding areas and existing street locations.

The name and address of the owner and site plan applicant, together with the names of the owners of all contiguous land and of property directly across the street and within 200 feet of the property, as shown by the most recent tax records of all municipalities in which such properties shall lie.

Lot line dimensions.

Location of all buildings and structures, streets, easements, driveways, entrances and exits on the site and within 100 feet thereof.

Proposed location and dimensions of proposed buildings and structures, roads, driveways, parking areas, etc.

Building setback, side line and rear yard distance.

The delineation of all existing physical features on the site and within 200 feet thereof, including floodplain areas, floodplain soils, streams, watercourses, swales, and lakes or ponds, existing woodlands, steep slopes showing 0% to 10%, 10% to 15%, 15% to 20% and 20% or greater in steepness, existing trees over six inch caliper (for sites of 30,000 square feet or less), and agricultural soils for those parcels of land within the AP District.

Topography showing existing and proposed contours. A reference bench mark shall be clearly designated.

Site capacity calculations, as defined in § 30-6.3 herein. All area measurements used for these calculations shall be taken from paragraphs g and h.

Parking, loading and unloading areas shall be indicated with dimensions, traffic patterns, access aisles and curb radii.

Improvements such as roads, curbs, bumpers and sidewalks shall be indicated with cross sections, design details and dimensions.

Location and design of existing and proposed stormwater systems, sanitary waste disposal systems and potable water supply, and methods of solid waste storage and disposal.

Landscaping and buffering plan showing what will remain and what will be planned, indicating botanical and common names of plants and trees, dimensions, approximate time of planting and maintenance plans.

Lighting details indicating type of standards, location, radius of light and intensity in footcandles.

Location, dimensions and details of signs.

The following legends shall be on the site plan map:

1.	Site plan of:
	Lot _____ Block _____ Zone_____
	Date _________ Scale _________
	Applicant
2.	I consent to the filing of this site plan with the Planning Board of
	(Owner)	(Date)
3.	I hereby certify that I have prepared this site plan and that all dimensions and information are correct.
4.	I have reviewed this site plan and certify that it meets all codes and ordinances under my jurisdiction.
	______________________ (Date)	(Township Engineer)
5.	To be signed before issuance of a building permit: I hereby certify that all the required improvements have been installed or a bond posted in compliance with all applicable codes and ordinances.
	(If improvements installed)
	(Township Engineer)	(Date)
	(If bond posted)
	(Township Clerk)	(Date)
	Building permit issued
	Building permit issued	(Date)
6.	Approved by the Planning Board
	(Preliminary __________Final __________
	(Chairman)	(Date)

Aquifer Test and Analysis when the development on the site is to be served by an onsite well or wells. Such Aquifer Test Analysis and Report shall be submitted in accordance with § 30-6.8e2 of this chapter.

Carbonate Area District: Investigations and complete checklist for Phase I and II as required. Such CAD Investigations Phase I and II Checklists shall be submitted in accordance with § 30-6.9.

§ 30-16.2 Additional Information.

[Ord. No. 85-9, § 1601]

The Planning Board may require other information and data for specific site plans. This data may include, but is not limited to, market information, economic data and similar exhibits.

§ 30-16.3 Compliance with Other Ordinances.

[Ord. No. 85-9, § 1602]

Information and documents for other Township codes and ordinances, such as environmental impact reports, soil erosion and sedimentation plans and stormwater management plans, shall be submitted as part of site plan approval and may be used to comply with siteplan submission requirements where applicable.

§ 30-16.4 Waiver of Information.

[Ord. No. 85-9, § 1603]

The Planning Board may waive submission of any required exhibits in appropriate cases and for specific site plans.

§ 30-17 SUBDIVISIONS; GENERAL PROVISIONS.

§ 30-17.1 Interpretation; Variances.

[Ord. No. 85-9, § 1700]

The rules, regulations, and standards set forth in this chapter 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 Planning Board under the terms of this chapter shall give primary consideration to such matters and to the welfare of the entire community. However, if the applicant can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of this chapter is impracticable or will exact undue hardship, the Planning Board may permit such variances as may be reasonable, within the general purpose and intent of the rules, regulations and standards established by this chapter.

§ 30-17.2 Development Permits and Certificates of Occupancy.

[Ord. No. 85-9, § 1701]

No building permit or certificate of occupancy shall be issued unless all improvements required by this have been installed, except as allowed in the following subsection.

§ 30-17.3 Exceptions.

[Ord. No. 85-9, § 1702]

A building permit or certificate of occupancy may be issued if all improvements have been installed except the finish course of the road and the Township Engineer warrants that completion of the road is in the Township's interest after the subdivider or developer has completed construction of dwellings and structures. The maintenance guaranty required hereafter shall not begin until the finish course has been installed.

The Planning Board may also authorize the issuance of a temporary certificate or permit if the following improvements have been bonded but not yet installed; landscaping, sidewalks, or other similar improvements. Prior to the issuance of more than 50% of the certificates of occupancy for a subdivision, all improvements shall have been constructed or installed.

A building permit shall not be issued until all on-site improvements have been installed, except for the finish course of the road, monuments, and trees, provided that the Township Engineer warrants that it is in the Township's interest to delay completion of the road, monuments, and trees until after the subdivider has completed construction of dwellings and structures. The maintenance guaranty required hereafter shall not begin until the finish course of road, monuments, and trees have been installed.

§ 30-18 SUBMISSION OF MINOR SUBDIVISION.

§ 30-18.1 General Provisions.

[Ord. No. 85-9, § 1800]

Any applicant wishing to subdivide or resubdivide land within the Township shall apply for and obtain the approval of the Planning Board in accordance with the following procedure. The applicant or his agent shall appear at all regular meetings of the Planning Board whenever the application is being considered. Failure to appear shall give the Planning Board the right to postpone action on the application for that particular meeting if the applicant's or his agent's absence deprives the Planning Board of information necessary to make a decision.

§ 30-18.2 Submission of Sketch Plat.

[Ord. No. 85-9, § 1801]

An applicant for the subdivision of land shall submit to the Planning Board Clerk an application for subdivision, the required application fee, sufficient copies of a sketch plat on reverse line sepia containing the information required at least two weeks prior to a regular meeting of the Planning Board. The Planning Board or its designee shall determine if the application is complete and, if not, inform the applicant of any deficiencies.

§ 30-18.3 Classification.

[Ord. No. 85-9, § 1802]

The Planning Board or a designated subcommittee thereof shall review the plat prior to the Planning Board meeting and classify it as a minor or major subdivision. Subdivisions failing to receive a unanimous vote as a minor exempt subdivision shall be considered a major subdivision. (No plat shall be classified as a minor subdivision if it results in any remaining lands capable of being resubdivided into one or more building lots.)

§ 30-18.4 Distribution of Copies.

[Ord. No. 85-9, § 1803]

If classified as a minor subdivision, two copies of the plat shall be retained by the Board and copies of the plat shall be forwarded to the following for review and comment:

Township Engineer.

County Planning Board.

County Board of Health.

Township Construction Official.

Township Tax Assessor.

Environmental Commission.

Township Zoning Officer.

Other agencies as may be determined by the Planning Board.

The applicant shall be responsible for forwarding copies of all plats and required exhibits to the County Planning Board and should furnish a receipt indicating the delivery to the County Planning Board.

§ 30-18.5 Action by Planning Board.

[Ord. No. 85-9, § 1804]

The Planning Board or a designated subcommittee thereof shall act within 45 days on a minor subdivision or complete application for a minor subdivision. The Board or subcommittee shall not approve or conditionally approve the minor subdivision prior to receipt of comments by the above agencies or officials until 30 days has elapsed from referral without any comments. If approved, a notation to that effect shall be made on the plat and it shall be signed by the Planning Board Chairman and the Planning Board Secretary and returned to the subdivider within one week following the next regular meeting of the Planning Board. If rejected, the reasons for rejection shall be noted on all copies of the application form, one of which shall be returned to the applicant. The Planning Board or designated subcommittee may attach conditions of approval to any minor subdivision.

§ 30-18.6 Filing With County Recording Officer.

[Ord. No. 85-9, § 1805]

If approved as a minor subdivision, a plat drawn in compliance with Chapter 141 of the Laws of 1960 or a deed stamped with the date of the Planning Board approval shall be filed with the County Recording Officer within 190 days from the date of approval. Failure to file within 190 days shall void the subdivisions approval.

§ 30-18.7 Land Resulting From Minor Subdivisions.

[Ord. No. 85-9, § 1806]

Any lands, lots, or parcels resulting from minor subdivisions shall not be resubmitted as a minor subdivision.

§ 30-18.8 Distribution of Copies of Approved Plat.

[Ord. No. 85-9, § 1807]

The applicant shall provide the Secretary with a certificate of filing from the County Clerk's office. The Secretary shall distribute copies of the approved subdivision to each of the following:

Township Clerk.

Township Engineer.

Township Construction Official.

Township Tax Assessor.

§ 30-18.9 Effect of Minor Subdivision Approval.

[Ord. No. 85-9, § 1808; Ord. No. 2005-8, § 3]

The granting of minor subdivision approval shall guarantee that the zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two years after the date of minor subdivision approval, provided that the approved minor subdivision shall have been duly recorded as provided herein. Applicants shall be responsible for necessary approvals prior to development under the Soil Erosion and Sediment Control provisions herein and other applicable ordinances. In the event that an application for final subdivision approval, for a minor subdivision plan, as provided for in N.J.S.A. 40:55D-50, is not submitted within the two year period set forth above, or within the time period of any extension granted, then and in that event no application for final subdivision approval will be accepted and the preliminary subdivision approval shall be deemed to have lapsed, shall be void and shall have no further effect.

§ 30-19 SUBMISSION OF MAJOR SUBDIVISIONS FOR PRELIMINARY APPROVAL.

§ 30-19.1 Submission of Preliminary Plat and Applications.

[Ord. No. 85-09, § 1900]

At least 10 legible prints of the plat containing all data required in § 30-21.3 together with three completed applications for preliminary approval and all fees as required, shall be submitted to the Planning Board Clerk at least three weeks prior to the regular Planning Board meeting at which it is to be considered.

§ 30-19.2 Exhibits Required With Preliminary Plat.

[Ord. No. 85-9, § 1901]

The following exhibits shall be filed with all preliminary plats:

Two copies of an affidavit of ownership or letter from owner authorizing submission of the plat.

Two copies of a letter of intent stating the following information if known:

Types of structures(s) to be erected.

Approximate date of start of construction.

Priority of construction (point or location).

A tentative section plan for the entire subdivision indicating all facilities, including the estimated number of lots on which final approval will be requested.

A letter from the Tax Collector indicating that all taxes have been paid to date on the property.

§ 30-19.3 Distribution of Copies.

[Ord. No. 85-9, § 1902]

Copies of the preliminary plat and exhibits shall be forwarded immediately upon receipt to the following persons or agencies:

Township Engineer.

County Board of Health.

Township Construction Official.

Township Zoning Officer.

County Planning Board.

Environmental Commission.

Township Fire Company.

Township Planning Board.

Any other official or agency which may be affected by the proposed subdivision or required to be notified by law.

Applicant shall be responsible for forwarding all preliminary plans and exhibits to the County Planning Board and other required agencies set forth hereunder.

§ 30-19.4 Review.

[Ord. No. 85-9, § 1903]

The officials and agencies cited shall forward their views and recommendations in writing to the Planning Board within 30 days from the receipt of the plat. The preliminary plat shall be referred to the Planning Board (or to a designated subcommittee thereof) for review and recommendations. If reviewed by a subcommittee of the Planning Board, a full report of all meetings, recommendations and discussions shall be forwarded to the Planning Board within 30 days after receipt of the plat by the subcommittee. If the application is found to be deficient, the applicant shall be notified in writing by the Board or the subcommittee of all deficiencies therein within 45 days of the submission of such application or it shall be deemed to be properly submitted. Notification of a deficiency shall constitute a rejection of the application.

§ 30-19.5 Notice of Public Hearing.

[Ord. No. 85-9, § 1904]

After all comments have been received or after 30 days have elapsed and after the applicant has made the required changes to the plat, the Planning Board shall, after a review of said plat and if all requirements are met and the application is complete, set the date for the public hearing in accordance with § 30-11, Administration, subsections 30-11.6 and 30-11.7.

§ 30-19.6 Exhibits Required Prior to Public Hearing.

[Ord. No. 85-9, § 1905]

The following shall be submitted to the Planning Board by the applicant:

Notice and proof of publication as required under subsections 30-11.7b, 30-11.7c and 30-11.7i.

Affidavit. Affidavit of notice of public hearing to persons and agencies served giving a list of the names, addresses and lot and block numbers of owners so notified, how served, date of service, and a copy of the notice and mail receipt, as required by § 30-11.7i.

Fire Company. If appropriate, a letter from the Fire Company stating that the proposed road system is adequate.

Health Officer. A letter from the Hunterdon County Board of Health or appropriate municipal, County or State authority approving the proposed individual or common sewage disposal facility and individual water supply systems.

§ 30-19.7 Time Limitation.

[Ord. No. 85-9, § 1906]

The Planning Board shall act on the plat within the applicable time period set forth in this chapter. Failure of the Planning Board to act within the applicable time period or within a time extension mutually agreed upon shall be considered an approval. If the Planning Board disapproves a plat, the reasons for the disapproval shall be communicated in writing to the applicant within 10 days of the date of the decision and advertised as required by § 30-11 of this chapter. No action shall be taken until receipt of the County Planning Board review or until 30 days have elapsed from date of referral to the County Planning Board.

If substantial changes or amendments are required, such as changes to the drainage and circulation pattern, lot configuration or number of lots, as a result of the public hearing or of the Planning Board deliberations, the applicant may be required to resubmit the plat for preliminary approval.

§ 30-19.8 Planning Board Action.

[Ord. No. 85-9, § 1907; Ord. No. 2005-8, § 2]

The Planning Board shall approve, conditionally approve or reject the application. Approval or conditional approval confers upon the applicant the following rights for a three-year period from the date of approval or conditional approval:

The general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; except that nothing herein shall be construed to prevent the Township from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.

That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat.

In the event that an application for final subdivision approval, for a major subdivision plan, as provided for in N.J.S.A. 40:55D-50, is not submitted within the three-year period set forth above, or within the time period of any extension granted pursuant to § 30-19.9, then and in that event, no application for final subdivision approval will be accepted and the preliminary subdivision approval shall be deemed to have lapsed, shall be void and shall have no further effect.

If either the Planning Board or the County Planning Board disapproves a plat, the reasons for disapproval shall be remedied prior to further consideration. If approval is required by any other officer or public body, the same procedure as applies to submission to and approval by the County Planning Board shall apply. The Planning Board may grant conditional approval subject to the subsequent approval of other officers and public bodies.

§ 30-19.9 Extension of Time Limits and Approval.

[Ord. No. 85-9, § 1907; Ord. No. 2005-8, § 4]

The applicant may apply for and the Planning Board may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards may govern.

In the case of a subdivision for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection a above for such period of time, no longer than three years, as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions, and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension of preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the above factors, provided that if the design standards have been revised, such revised standards may be required by the Planning Board.

§ 30-20 SUBMISSION OF FINAL PLAT OF MAJOR SUBDIVISION.

§ 30-20.1 Submission of Plat.

[Ord. No. 85-9, § 2000]

The final plat shall be submitted to the Planning Board for final approval within three years from the date of preliminary plan approval or within such extension as provided herein. One original tracing, one translucent cloth copy, two cloth prints and 10 black and white prints and three copies of an application for final approval and the appropriate fees shall be submitted to the Planning Board Clerk at least two weeks prior to the regular meeting of the Planning Board.

Unless the preliminary plat was approved without changes, the final plat shall have incorporated all changes or modifications required by the Planning Board, including conditions of preliminary approval. The applicant shall submit an affidavit indicating no changes or noting those changes made.

§ 30-20.2 Exhibits Required Prior to Final Approval.

[Ord. No. 85-9, § 2001]

The following exhibits shall accompany the application for final approval, in addition to any other exhibits that may have been required by the Board as a condition of final approval:

Township Engineer. A letter from the Township Engineer indicating:

The Engineer is in receipt of a map showing utilities under the jurisdiction of a public utility in approximate location and elevation, identifying those portions already installed and those to be installed.

The subdivider has either completed the installation of all improvements in accordance with the requirements of this chapter or posted with the Township Clerk a performance guaranty in an amount sufficient to cover the cost of all improvements herein or uncompleted portions thereof as estimated by the Township Engineer, and assuring the installation of such improvements on or before an agreed date.

All items and amounts required for the corporate surety maintenance guaranty.

The final plat conforms to the preliminary plat as submitted and approved.

Tax Collector. A letter from the Tax Collector indicating that all taxes have been paid to date on the property.

Clerk.

A letter from the Township Clerk indicating that the amount, form and content of the maintenance guaranty have been accepted by the Township Committee.

A letter from the Township Clerk, where appropriate, pursuant to this chapter, that monies, as provided herein, have been paid to the Township as reimbursement for engineering inspection costs of improvement construction or installation incurred since preliminary approval.

§ 30-20.3 Distribution of Copies.

[Ord. No. 85-9, § 2002]

Copies of the final plat shall be distributed to the following:

Township Clerk.

Township Engineer.

Township Construction Official.

Township Zoning Officer.

Township Tax Assessor.

County Planning Board.

Township Fire Company.

County Board of Health.

Township Planning Board.

Other municipal or County agencies or authorities as may be required.

§ 30-20.4 Review.

[Ord. No. 85-9, § 2003]

No action shall be taken until such time as the above officials review the plat or 30 days have elapsed from date of referral.

§ 30-20.5 Time Limitation.

[Ord. No. 85-9, § 2004]

The Planning Board shall act within the applicable time period set forth in this chapter, computed from the date of submission of a completed application at a regular meeting, or within such further time as may be mutually agreed upon. If the Planning Board approves the final plat, a notation to that effect shall be made on each plat, signed by the Chairman and Secretary of the Planning Board. Failure of the Planning Board to act within the allotted time or a mutually agreed upon extension shall be deemed to be favorable approval, and the Township Clerk shall issue a certificate to that effect.

§ 30-20.6 County Planning Board Action.

[Ord. No. 85-9, § 2005]

Any plat which requires County Planning Board approval pursuant to N.J.S.A. 40:27-6.2 shall be forwarded to the County Planning Board for its action. The Planning Board may grant final approval subject to approval by the County Planning Board as provided in § 30-11.9b.

§ 30-20.7 Filing with County Recording Officer.

[Ord. No. 85-9, § 2006]

The final plat approval shall be filed by the subdivider with the County Recording Officer within 95 days from the date of such approval. If any final plat is not filed within that period, the approval shall expire. For good cause, the Planning Board may extend the time for the filing of the plat for an additional period not to exceed 95 days. No plat shall be accepted for filing by the County Clerk unless it has been duly approved by the Township Planning Board and signed by its Chairman and Secretary.

§ 30-20.8 Effect of Final Approval.

[Ord. No. 85-9, § 2007]

The granting of final approval shall guarantee to the applicant that the zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval; provided that these rights shall expire if the plat has not been duly recorded within the prescribed time period.

§ 30-20.9 Extension of Time Limits and Approval.

[Ord. No. 85-9, § 2008]

If the developer has followed the standards prescribed for final approval and has duly recorded the plat as required by this chapter the Planning Board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval for the section granted final approval.

In case of a subdivision for 150 acres or more, the Planning Board may grant the rights referred to in § 30-19.9 for such period of time, longer than two years, as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions, and the comprehensiveness of the development. The developer may apply for thereafter and the Planning Board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the above factors.

§ 30-21 PLAT DETAILS.

§ 30-21.1 General Provisions.

[Ord. No. 85-9, § 2100]

All maps, plats and sketch plans required to be submitted by this chapter shall conform to one of the following size configurations: 8 1/2 inches by 13 inches, 15 inches by 21 inches, 24 inches by 36 inches or 30 inches by 42 inches.

§ 30-21.2 Sketch Plat.

[Ord. No. 85-9, § 2101]

All plats shall be based on accurate information, at a scale of not less than one inch equals 100 feet, and shall show or include the following information, except that the Planning Board may waive any requirement or request additional information where it is clearly appropriate to the particular application:

Location and Key Map. The entire tract to be subdivided, giving the accurate location of all existing and proposed property and street lines and including a key map at a scale of one inch equals not more than 1,000 feet, showing the entire subdivisions and its relations to all features shown on the official map and master plan located within 1/2 mile of the extreme limits of the subdivision, and the zoning classification of the proposed subdivision and adjacent land.

Structures. The location of existing houses, buildings, wells, septic systems and other structures, with accurate dimensions from all existing buildings and proposed lot lines.

Owners. The name of the owner, all adjoining property owners and those across existing or proposed streets as disclosed by the most recent Township tax records.

Identity. The Tax Map, street, date of revision, block and lot numbers and zone district.

Streets, Easements, Watercourses and Rights-of-Way. The location of existing or proposed streets, roads, easements, utility services and driveways, public right-of-way, streams, bridges, culverts, drainage ditches and natural watercourses in the subdivisions and within 500 feet thereof.

Lots. The original and proposed lot layout, lot dimensions, all required setback lines and the lot area of each lot in square feet and acreage. Lots shall be designated by letters for minor subdivisions and by consecutive numbers for major subdivisions until given official lot number designations by the Township.

Percolation Tests. If individual sewage disposal systems are proposed, the plat shall show the location of all percolation tests and test results, including those that failed, and soil logs. Tests shall have been conducted within the last three years.

Other Information Required. The date of original preparation and the date of revisions, if any, of the plat, as well as the old name if submitted previously under a different title.

Performance Standards (If Applicable).

Net density.

Open space ratio.

Impervious surface ratio.

Dwelling unit mix.

Natural resources inventory and site capacity calculations, as outlined in § 30-6.3.

Information Required for Minor Subdivision Plats. If the sketch plat is being submitted for minor subdivisions approval, it shall contain the information required under this subsection and shall be a certified survey map drawn by a licensed New Jersey land surveyor. The plat shall provide for endorsement by the Planning Board Chairman and Secretary. If the plat is to be filed, it shall meet the requirements of the Map Filing Law.

§ 30-21.3 Preliminary Plat.

[Ord. No. 85-9, § 2102; Ord. No. 86-4, § 9; Ord. No. 99-14, § 14; Ord. No. 2001-2, § 3]

The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 100 feet. Preliminary plats shall be drawn by a licensed New Jersey professional engineer or land surveyor. Contour maps and preliminary construction plans, including road profiles and utility plans, shall be submitted as part of the preliminary plat. Separate maps of topography, utilities, and road details may be required by the Planning Board. A soil erosion and sedimentation control plan and a grading plan shall be included. The plat shall be designed in compliance with the provisions of this chapter and shall show or be accompanied by the following information:

Location and Key Map. The entire tract to be subdivided, giving the accurate location of all existing and proposed property and streetlines and including a key map at a scale of one inch equals not more than 1,000 feet, showing the entire subdivisions and its relations to all features shown on the official map and master plan located within 1/2 mile of the extreme limits of the subdivisions, and the zoning classification of the proposed subdivision and adjacent land.

Lots. Lot layout, lot dimensions, all required setback lines, and individual lot areas in square feet and acreage. Lot shall be designated by consecutive numbers until given an official lot number designated by the Township.

Other Information. The tract name, Tax Map sheet and date of revision, block and lot numbers, date of plat preparation, reference meridian, scale, graphic scale, and the following names and addresses:

Record owner or owners of property to be subdivided; if other than an individual, the corporate officers or partners or other statutory agent.

Subdivider.

Person who prepared map, with his official seal and license numbers.

Owners of property within 200 feet of entire tract being subdivided.

Acreage. Acreage of tract to be subdivided, to nearest hundredth of an acre.

Elevations, Contours. Sufficient elevations and contours at five foot intervals for slopes averaging 10% or greater and at two foot vertical intervals for land of lesser slope, to determine the general slope and natural drainage of the land and the high and low points for a distance of 200 feet around the entire tract boundary.

Existing and Proposed Locations. The location of existing and proposed property lines, streets, buildings, watercourses, railroads, bridges, culverts, drainpipes, sanitary sewers, water mains, gas mains, power lines, and any natural features such as wooded areas, large trees over 10 inches in diameter, and rock formations. The data shall be determined by field and/or photogrammetric survey.

Streets. Preliminary plans and profiles at a scale of not less than 10 inches equals 50 feet horizontally and one inch equals five feet vertically, including cross sections every 50 feet or as specified by the Township Engineer of all proposed streets, curbs, and gutters within the subdivisions and proposed connection with existing or future continuing streets. The distances and radii of all curves along all street lines shall be shown.

Utilities. Preliminary plans and profiles of proposed utility layouts (water, storm, and sanitary sewers) shall be at a scale of not less than one inch equals 50 feet horizontally and one inch equals five feet vertically, showing connections to existing or proposed utility systems. The applicant shall indicate the general location of the gas, telephone and electrical lines.

Sewers, Drains and Ditches. Preliminary plans and profiles at a scale of one inch equals 50 feet horizontally and one inch equals five feet vertically of all proposed and existing sanitary sewers, storm drains, drainage ditches, and streams within the subdivisions, together with the locations, sizes, elevations, grades, and capacities of any existing sanitary sewer, storm drain, drainage ditch or stream or watercourse to which the proposed facility shall be connected. When brook or stream channel improvements are proposed or required, the plans for such improvements shall be approved by the New Jersey Department of Environmental Protection or the County Planning Board where applicable.

Off-Tract Improvements. When the development of the subdivision or improvements within the subdivisions are contingent upon improvements outside the boundaries of said subdivision, information shall be supplied by the subdivider prior to Planning Board consideration for preliminary approval that the improvements outside the subdivisions are installed and will be available to the subdivider or the subdivider shall provide the funding for the installation of the off-tract improvements.

Setback Lines. All front, rear and side yard lines shall be shown for all lots.

Deed Restrictions. A copy of any protective covenants or deed restrictions applying to the land being subdivided shall be submitted with the preliminary plat.

Open Space. Any open spaces proposed to be dedicated for public use as playgrounds or other public purpose and the location and use of all such property shall be shown on the plat.

Support Capability. When deemed necessary to determine the suitability of the soil to support new construction, the Planning Board shall require test holes or borings to be made by a New Jersey licensed engineer or an approved testing laboratory at the expense of the subdivider under the direction of the Township Engineer.

Conservation Plans. Plans showing measures designed to minimize soil erosion and sedimentation, such as berms, siltation basins, sediment traps, detention and retention basins, landscaping, natural cover, energy dissipate and riprap. Plans may also include:

A storm drainage schedule, including a description of all temporary and permanent structures, negative measures, and other techniques for the control of stormwaters, together with a timetable for the construction or installation of such structures, negative measures, or other techniques.

A schedule containing the timing of and description of temporary and permanent soil stabilization measures, including tracking, scarification, serration of slopes, roughening, mulching, silting, chemical binders and other suitable methods of soil stabilization.

The location and description of water interception and diversion measures, such as diversion ditches, dikes, barriers, and disposal structures such as flexible or sectional downdrains, flumes, linear spreaders and the like.

Carbonate Area District: Investigations and complete checklist for Phase I and II as required. Such CAD Investigations Phase I and II Checklists shall be submitted in accordance with § 30-6.9.

§ 30-21.4 Final Plat.

[Ord. No. 85-9, § 2103]

The final plat and all final plats and profiles of improvements and other original exhibits shall be filed with the Planning Board Secretary at least two weeks prior to the regular meeting of the Planning Board when the plat is to be considered. The plat shall be drawn in compliance with the provisions of the Map Filing Law.

The final plat shall show or be accompanied by the following:

Identification. Date, name and key map of the subdivision, name of owner, scale, graphic scale, and reference meridian. The final plan shall be drawn at a scale of not more than one inch equals 100 feet.

Other Information. Tract boundary lines; right-of-way lines of streets; street names; easements and other rights-of-way; land to be reserved or dedicated to public use; all lot lines, with accurate dimensions, bearing and distances; arc lengths; central angles, tangents and radii of all curves; and area of each lot in square feet.

Public Use. The purpose of any easement or land reserved or dedicated for any use shall be indicated, and the proposed use of sites other than residential shall be noted.

Block and Lots. All block, lot and house numbers shall be approved by the Township Engineer and the Tax Assessor and shall be related to existing block and lot numbers as shown on the Official Tax Map of the Township.

Monuments. Location and description of all monuments shall be shown.

Consent of Owner. Certification the applicant is agent or owner of the land or that the owner has given consent to file the map.

Approval. When approval of a plat is required by any officer or body, whether municipal, County, or State, approval shall be certified on the plat.

Certifications. The following certifications shall appear on the final plat:

(a)

I hereby certify that this map and the survey have been made under my immediate supervision and comply with the provisions of the Map Filing Law. (If applicable, include the following: I do further certify that the monuments as designed and shown hereon have been set.)

Licensed Land Surveyor (Affix Seal)

Date

(If monuments are to be set at a later date, the following endorsement shall be shown on the map.)

I certify that a bond has been given to the Township of Union guaranteeing the future setting of the monuments shown on this map and so designated.

Township Clerk

Date

(b)

I hereby certify that all of the requirements of the Board of Health of Union Township have been complied with.

Chairman, Board of Health

Date

(c)

I have carefully examined this map and find it conforms with the provisions of the Map Filing Law and the Municipal ordinances and requirements applicable thereto.

Township Engineer

Date

(d)

This application is approved by the Township of Union Planning Board as a major subdivision.

Chairman

Date

Secretary

Date

Affidavit. An affidavit signed and sworn to by the applicant that the final plat is drawn and presented exactly the same as the preliminary plat approved by the Planning Board and, if any changes, all changes shall be set forth in the affidavit as exceptions to the general statement. The affidavit shall be submitted in an original and two copies.

§ 30-22 DESIGN STANDARDS.

§ 30-22.1 Application.

[Ord. No. 85-9, § 2200]

The standards and requirements outlined herein shall be considered minimum and shall apply to site plans and subdivisions.

§ 30-22.2 General Standards.

[Ord. No. 85-9, § 2201]

All portions of a tract being subdivided shall be taken up in lots, streets, open space, or other proposed uses so that remnants and landlocked areas shall not be created.

In general lot lines shall follow municipal boundary lines rather than cross them.

Subdivisions and site plans shall be laid out to minimize cutting and filling.

Land subject to flooding as indicated in the flood hazard studies of the municipality shall be platted for residential occupancy or other uses only in accordance with the zoning regulations herein.

§ 30-22.3 Blocks.

[Ord. No. 85-9, § 2202]

The length, width and shape of blocks shall be determined with due regard to the following:

Provisions of adequate sites for the types of buildings proposed.

Zoning requirements for lot sizes, dimensions, and minimum lot areas per dwelling unit.

The limitations and opportunities of the topography.

Safe and convenient vehicular and pedestrian circulation and access.

In the design of blocks, special consideration shall be given to the requirements of satisfactory fire protection.

Blocks in subdivisions shall have a maximum length of 1,600 feet and a minimum length of 500 feet.

§ 30-22.4 Lots.

[Ord. No. 85-9, § 2203; Ord. No. 90-2, § 9; Ord. No. 2001-8, § 2]

Lot dimensions and areas exclusive of easements shall not be less than specified by provisions of the zoning regulations herein.

Corner lots and double frontage lots shall provide for equal front yard setbacks on each street.

Building setback line shall not be less than specified by the provisions of the zoning regulations herein.

Residential lots must front on and have wholly owned access to either an existing or proposed street.

Double frontage lots shall be deed restricted limiting access to the lower order street.

Flag Lots.

Flat lots are those which have access to a public or private road by means of a strip of property connecting the flag portion of the lot with the road.

The following regulations shall apply to flag lots:

(a)

The pole of the flag which provides access to the roadway shall be a minimum of 50 feet wide for its entire length.

(b)

Flag lots shall be permitted only within the CM and WM Districts. The minimum portion of the flag portion of the lot shall meet the maximum lot size for use B-1 single-family detached lots for each such district.

(c)

The front, side and rear yard setbacks shall be 100 feet for parcels in the CM (Conservation Management) and WM (Watershed Management) districts.

(d)

A rear lot line for a flat lot is any line at the rear of the lot which is within an angle of 45° to the public road entrance.

(e)

Side yard lot lines are those whose angles relative to the entrance road are between 45° and 135°. A front yard lot line is any line whose angle relative to the public road is 45° or less.

Cul-De-Sac Lots. No more than three lots shall be permitted within the circumference of a cul-de-sac.

§ 30-22.5 Easement.

[Ord. No. 85-9, § 2204]

Utility easement shall be provided as necessary, joint utilization of easements by two or more utilities is encouraged.

To the fullest extent possible, easement shall be centered on or adjacent to rear or side lot lines.

Easements with a minimum width of 25 feet shall be provided for utilities.

Nothing shall be permitted to be placed, planted, set, or put within the area of a utility easement except lawns or suitable low ground cover.

Where a subdivision or land development is traversed by a watercourse, there shall be drainage easement or right-of-way provided to the Township conforming substantially with the line of such watercourse and of such width as will be adequate to preserve natural drainage but not less than 20 feet, or as may be required or directed by the Township and/or the Department of Environmental Protection. The owner shall properly grade and seed slopes and fence any open ditches when deemed necessary by the Township.

No right-of-way or easement for any purpose whatsoever shall be created, recited or described in any deed unless the same has been shown on the approved plan.

§ 30-22.6 Street Requirements for Subdivisions, Land Developments and Mobile Home Parks.

[Ord. No. 85-9, § 2205]

At the time any application, petition, or request is filed by any person for the approval of the construction, opening, or dedication of any proposed road or street, the Township shall be assured that said proposed street or road shall be completed and the assurance shall be governed by the provisions of this chapter and by New Jersey Statutes 40:55D-1 et seq. (Municipal Land Use Law).

Any person making application or request for the approval of the construction, opening or dedication of any proposed road, shall bear all costs of inspection of such roads and any drainage facilities connected therewith, all engineering costs, all costs of survey, and all other expenses and costs incidental to construction, approval and dedication of such street or road for public use, including legal fees.

Proposed streets shall conform to such County and State street and highway plans as have been prepared, adopted and filed as prescribed by law.

If lots resulting from the original subdivision are large enough to permit subdivision, or if a portion of the tract is not subdivided, adequate street right-of-way to permit further subdivision shall be provided.

Streets that are extensions of existing streets shall bear the names of the existing street. Street names shall not be duplicated within the Township and all street names shall be subject to the approval of the Township Planning Board.

Dead end streets shall be prohibited, except as culs-de-sac.

New half or partial streets shall be prohibited except where essential to reasonable subdivision or land development of a tract in conformance with the other requirements or standards of these regulations and where, in addition, satisfactory assurance for dedication of the remaining parts of the street is secured by escrow funds or surety bonds that said construction will be completed.

Wherever a tract to be subdivided or developed borders on an existing half or partial street, the other part of the street shall be platted within such tract.

Streets shall be logically related to topography so as to produce reasonable grades, satisfactory drainage and suitable building sites. Streets shall be so arranged to be generally parallel to rather than across contour lines. Cut and fill should be minimized. Streets shall be laid out to avoid hazardous areas such as flood-plains, steep slopes and other hazardous natural features.

§ 30-22.7 Existing Streets.

[Ord. No. 85-9, § 2206]

Classification. Existing streets are classified on the Master Plan Street Hierarchy Functional Classification Map. Unclassified streets shall be classified according to their functions, at the request of the applicant during subdivision or site plan review.

Standards.

The following charge is a guide to the dimensional standards for the classification of existing streets.

Street Classification	R.O.W. (feet)	Pavement (feet)	Curbs	Sidewalks
Arterial	120	48-120	no	Recommended along Rt. 173
I-78
Major Collector	80	36-46	no	optional
Rt. 41
Rt. 16
Rt. 26
Minor Collector	66	32-40	no	optional
Rt. 42
Finn Road
Local Rural and Secondary	50	24-36	no	optional
All other roads in Township

Additional widths of right-of-way and/or pavement may be required along the frontage of the proposed development if it is determined by the Township that they are necessary to prevent unsafe turning movements, traffic congestion, or fire hazards.

§ 30-22.8 New Residential Streets.

[Ord. No. 85-9, § 2207; Ord. No. 86-4, § 10; Ord. No. 92-9, § 1]

Purpose. The purpose of these provisions is to establish appropriate standards for the design of streets in residential subdivisions that will (1) promote the safety and convenience of vehicular traffic, (2) protect the safety of neighborhood residents, (3) minimize the long term costs for maintenance and repair of streets, (4) minimize crime in residential areas, (5) protect the residential qualities of neighborhoods by limiting traffic volume, traffic speed, noise, and fumes, (6) encourage efficient use of land, (7) minimize the cost of street construction, and (8) minimize the construction of impervious surfaces.

Street Hierarchy. The intent of this subsection is to create an integrated residential street system by creating varying street standards within which the developer may design a residential subdivision or land development. The street hierarchy is related to average daily traffic (ADT) levels, lot frontage, and the need for on-street parking. The following hierarchy is hereby established.

Residential collector.

Residential subcollector.

Residential access.

Classification. New residential streets will be classified according to the expected ADT level of the streets. If subdivision lots are large enough for further subdivisions, the Township Planning Board may require that the street be constructed to the standards of a higher classification, unless deed restricted against further development.

Stub Streets. Stub streets will be permitted only within subsections of phased development as a temporary condition in which the stub street is a portion of the overall street system.

Design Options.

All new residential streets shall be designed to meet the standards in the Table of Street Design Options and the following requirements for individual street types.

No new residential street may tie into an existing residential street if the expected ADT from the new development will exceed the allowable ADT level for that street classification.

Trip Generation Rates. The following chart shall be used to determine the ADT levels of proposed residential developments and streets.

Housing Type	Average Weekday Trip Generation Rates
Single Family Detached	10.0 trips/du
Duplex (twin), multiplex, townhouse	8.1 trips/du
Apartment	5.4 trips/du
Mobile Home	5.4 trips/du
Retirement Village	3.3 trips/du

Spillover Parking.

Spillover parking spaces are parking spaces that are needed to accommodate the vehicles of infrequent visitors such as guests or repairmen. These spaces are required in addition to the number needed to accommodate the residents. Spillover parking may be provided on the individual lots, in separate parking areas, or in common parking areas.

When off-street spillover parking is required in the Table of Design Options,[1] it shall be provided at the following rates in addition to the minimum requirements of the Township zoning ordinance.

Housing Type	Spillover Parking Spaces Required per Dwelling Unit
Single family detached	1.0
Attached units	1.0
Apartments	0.5

[1]

Editor's Note: The Table of Design Options can be found at the end of this section.

When spillover parking is provided on the individual lots the following criteria must be met:

(a)

Each space shall be nine feet by 18 feet;

(b)

The spaces may be provided in the driveway or in a turnaround; and,

(c)

The spillover spaces shall be clearly shown and noted on the subdivisions or site plan.

When spillover parking is provided within the cartway, minimum cartway shall be 23 feet.

Residential Access Streets.

Residential Access Streets. This is the lowest order street in the hierarchy. It is intended to carry the least amount of traffic at the lowest speed. It will provide the safest and most desirable environment for a residential neighborhood. Developments should be designed so that as many houses as possible front on this type of street.

Service Restrictions. Each residential access street shall be designed as that no section of the street conveys a traffic volume greater than 200 ADT. Each half of a loop street may be regarded as a single local access street, and the total traffic volume conveyed on a loop street shall not exceed 400 ADT.

Street Access. A residential access street may intersect or take access from any existing street type. Both ends of a loop street, however, must intersect the same collecting street and be laid out to discourage the passage of through traffic on it.

Street Width and Curbing. See the Table of Street Design Options at the end of this section.

Shoulders. When curbing is not required, two foot wide stabilized turf shoulders shall be provided on both sides of the cartway.

Length of Cul-de-sac. No cul-de-sac shall exceed a length of 1,000 feet unless specifically authorized by the Planning Board. Cul-de-sac length shall be measured along the centerline of the intersecting through street to the center point of the turnaround.

Cul-de-sac Turnaround. A paved area with an outside turning radius of 40 feet shall be provided at the terminus of every permanent cul-de-sac. If the radius is more than 40 feet, a center island should be provided. Ring-shaped culs-de-sac shall provide a continuous fifteen-foot wide paved cartway. Other alternative designs may be approved, provided that they meet these minimum radius and cartway width requirements. Centerline grade in turnaround shall not exceed 5%.

Engineering Criteria. All features of the geometric design of residential access streets that are not specified below shall be designed for a design speed of 25 miles per hour.

(a)

Minimum grade: 0.5%.

(b)

Maximum grade: 10%.

(c)

Horizontal curvature: minimum centerline radius of 100 feet.

(d)

Minimum tangent length between reverse curves: 50 feet.

(e)

Stopping sight distance: 175 feet maximum.

(f)

Maximum grade within 50 feet of intersection: 4%.

Residential Subcollector.

Residential Subcollector Streets. This is the middle order street in the hierarchy. It will carry more traffic than the residential access street. It should provide an acceptable environment for a residential neighborhood.

Service Restrictions.

(a)

No subcollector shall be designed so that any section of it conveys a traffic volume greater than 500 ADT. (Each half of a loop subcollector street may be regarded as a single subcollector street and the total traffic volume conveyed on a loop street shall not exceed 1,000 ADT.)

(b)

Subcollector streets shall be designed to exclude all external through traffic which has neither origin nor destination on the sub-collector or its tributary residential access streets.

Street Access. Every subcollector must be provided with at least two access intersections to a street of higher classification in the streets hierarchy, namely existing or proposed collector roads or arterial highways. In no case shall a subcollector end in a cul-de-sac.

Street Width and Curbing. Refer to the Table of Street Design Options at the end of this section.

Shoulders. When curbing is not required, two-foot wide stabilized turf shoulders shall be provided on both sides of the cartway.

Moving Lanes. All subcollector streets shall be provided with two continuous moving lanes within which parking is prohibited.

Engineering Criteria. All features of the geometric design of subcollector streets that are not specified below shall be designed for a design speed of 30 miles per hour.

(a)

Minimum grade: 0.5%.

(b)

Maximum grade: 10%.

(c)

Horizontal curvature: minimum centerline radius of 140 feet.

(d)

Minimum tangent length between reverse curves: 100 feet.

(e)

Stopping sight distance: 200 feet) minimum.

(f)

Maximum grade within 50 feet of intersection: 4%.

Residential Collector.

Residential Collector Street. This is the highest order street that could be classified as residential. It will carry the largest volume of traffic at higher speeds. In large residential developments, this class of street may be necessary to carry traffic from one neighborhood to another or from the neighborhood to streets connecting to other areas in the community. This level of street is unsuitable for providing direct access to homes, and provisions of such access to homes should be avoided.

Service Restrictions.

(a)

Provisions of a residential collector street or road system is mandated wherever any proposed development is of sufficient magnitude to render it impossible to meet maximum anticipated service volume (ADT) standards established for local access and subcollector streets. Generally, a nonfrontage collector may be necessary whenever a development exceeds 150 dwelling units, or when it carries external traffic in addition to traffic generated by the development.

(b)

Residential collectors shall be laid out to discourage excessive external through traffic, except where linkage between bordering roads may be determined to be desirable as indicated in the Township master plan or by the Township Planning Board during plan review. Upon recommendation of the Township Engineer, the Township Planning Board may impose additional standards on the design of the roadway, if additional external through traffic shall so warrant.

(c)

Whenever possible, residential collector streets should be designed to have no residential lots directly fronting on them. When this is not possible, the amount of residential frontage per length of collector street length shall not exceed the limits set forth in the accompanying chart. In addition, only lots having frontages of 100 feet or greater may front on collector roads, and space shall be provided on these lots for turnarounds so that vehicles will not have to back out onto collector roads.

	Collector ADT Level
	<1,200	1,200-1,600	1,600-2,000	>2,000
% of allowable frontage taking access from collectors over entire length of collector street	20%	10%	5%	none

(d)

On-street parking shall be prohibited on residential collector street.

Street Access. Every residential collector must be provided with no fewer than two access intersections to streets of equal or higher classification in the streets hierarchy.

Street Width and Curbing. Curbs should not be provided along residential collector roads except as they are found to be essential for storm water management. Refer to Table of Street Design Options at the end of this section for determination of width.

Shoulders. Three-foot wide stabilized turf shoulders are required along both sides of the residential collector street cartway.

Moving Lanes. All residential collector streets shall be provided with a minimum of two moving lanes.

On-Street Parking. On-street parking shall be prohibited on residential collector streets.

Engineering Criteria. All features of the geometric design of residential collectors that are not specified below shall be designed for a speed of 40 miles per hour.

(a)

Minimum grade: 0.5%.

(b)

Maximum grade: 8%.

(c)

Horizontal curvature: minimum centerline radius of 350 feet.

(d)

Minimum tangent length between reverse curves: 150 feet.

(e)

Super elevation: 0.08 foot/foot.

(f)

Stopping sight distance: 275 feet.

(g)

Maximum grade within 50 feet of intersection: 3% minimum.

Alleys.

Alleys are not permitted in residential developments.

Alleys shall be provided in commercial and industrial districts, except that the Planning Board may waive this requirement where other definite and assured provisions is made for service access, such as off-street loading, unloading, and parking consistent with and adequate for the uses proposed.

The width of an alley shall not be less than 22 feet.

Alley intersections and sharp changes in alignment should be avoided, but where necessary, corners shall be cut off sufficiently to permit safe vehicular movement.

Dead-end alleys should be avoided where possible, but if unavoidable, shall be provided with adequate turnaround facilities at the dead-end, as determined by the Planning Board.

Driveways.

Access to Parking Areas.

(a)

All entrance drives serving three or less dwelling units or residential lots shall be, at a minimum, designed to single-family driveway standards as specified by this section.

(b)

All entrance drives which may be expected to convey less than 200 ADT volume or greater than five units shall be laid out to conform to the design, service, and access standards established in this section for local access streets and shall be considered a local access street for purposes of establishing the street hierarchy.

(c)

All entrance drives which may be expected to convey greater than 200 ADT but less than 1,000 ADT volume shall be laid out to conform to the minimum design, service, and access standards specified in this section for residential subcollector streets and shall be considered a residential subcollector street.

(d)

All entrance drives which may be expected to convey greater than 1,000 ADT volume shall be laid out to conform to minimum design, service, and access standards specified in this section for residential collector roads.

§ 30-22.9 Special Purpose Streets; Industrial/Commercial Streets.

[Ord. No. 85-9, § 2208]

Special purpose streets are streets which are intended to serve commercial or industrial areas.

Cartway Width, Right-of-Way, and Curbing. A minimum paved cartway width of 26 feet with curbing and a fifty-foot right-of-way is required if on-street parking is prohibited. A minimum paved cartway width of 44 feet with curbing and a sixty-foot right-of-way is required if on-street parking is allowed.

Street Access. Special purpose streets may only intersect existing streets.

Moving Lanes. All industrial/commercial streets shall be provided with a minimum of two continuous moving lanes in which no parking is permitted.

Engineering Criteria. All features of the geometric design for an industrial/commercial street specified below shall be designed for a design speed of 30 miles per hour to be able to accommodate truck traffic.

Minimum grade: 1.0%.

Maximum grade: 5.0%.

Dedication. The Township reserves the right to refuse dedication of a special purpose street. An appropriate legal mechanism for ownership and maintenance will be required where the streets are not accepted for dedication.

§ 30-22.10 Marginal Access Streets.

[Ord. No. 85-9, § 2209]

Classification and Design. Marginal access streets are required, unless specifically waived by the Township, as an alternative to stripping off lots along existing primary streets or proposed residential collector streets. Marginal access roads shall be classified and designed to conform with the design standards and service restrictions of either residential access, subcollector or collector roads.

Intersection Spacing.

The minimum distance between intersections of the marginal access street with residential collectors shall be 300 feet, and in residential areas the distance between intersections of the marginal access street with higher order streets shall be determined by the Township Engineer based upon the traffic characteristics of the higher order street.

When two adjacent lots proposed for nonresidential uses shall front on a collector or arterial road, the applicant shall be required to provide common ingress and egress. When three or more adjacent lots proposed for nonresidential uses front on a collector or arterial road, the applicant shall be required to provide a marginal access street for common ingress and egress. Provisions shall be made for the eventual continuation of the street to adjacent properties.

(a)

Access onto marginal access roads from commercial, industrial, and other nonresidential uses shall be at intervals of not less than 150 feet.

(b)

Access onto arterial or collector highways from a marginal access road shall be at intervals of not less than 600 feet.

(c)

Access onto secondary streets from commercial, industrial and other nonresidential uses shall be at intervals of not less than 150 feet.

Distance Between Cartways. A minimum distance of 30 feet shall be provided between the marginal access cartway and the higher order street cartway. This area shall be used to provide a visual screen between the roadways by landscaping or by use of a berm.

§ 30-22.11 Private Roads.

[Ord. No. 85-9, § 2210; Ord, No. 92-9, § 1]

All private roads providing legal access to four or more residential lots shall be built and maintained to municipal street standards, as specified by this section.

Private roads serving as local access roads to three or less dwelling units or residential lots may be constructed to single-family driveway standards in accordance with § 30-22.8l of this section.

§ 30-22.12 Intersections.

[Ord. No. 85-9, § 2211; Ord. No. 2001-8, § 5]

Corner Sight Distance (Clear Sight Triangle).

Whenever a proposed street intersects an existing or proposed street of higher order in the street hierarchy, the street of lower order shall also be designed to provide a minimum corner sight distance as specified below:

All site distance calculations shall be performed according to the American Association of State Highway and Transportation Officials (AASHTO), "Policy on Geometric Design of Highways and Streets," latest edition.

B (Height of Driver's Eye)	=	Eye level from a car stopped at the intersection on the secondary street; for the ordinance, B is situated 3.5 feet above the roadway area, 20 feet from the edge of the paving of the primary street
Y (Required Stopping Sight Distance)	=	The distance from Point A to Point C and Point C to Point D shall be the required stopping sight distance as calculated and described in Chapter 3 of the AASHTO Policy on Geometric Design of Highways and Streets
A and D	=	A point 6 inches above the pavement centerline of the primary street
C	=	Approximate center of intersection

The entire area of the clear sight triangle, described in points ABC above, shall be designed to provide an unobstructed view across it from point B to all points 4.5 feet along the centerline from point A to point C and D above the roadway along the centerline from point A to point C and D. An unobstructed view for a minimum of 10 feet measured horizontally from the top of the curb elevation within the sight triangle shall be maintained.

Curb Radius. Minimum curb or edge of pavement radius shall be determined according to the specifications for the street of higher classification in the street system hierarchy, as specified below:

Residential Subcollector	10 feet
Residential Collector	15 feet
Existing Streets	40 feet

Intersection Spacing. Proposed streets which intersect opposite sides of another street (either existing or proposed) shall be laid out to intersect either directly opposite each other, or with a minimum offset or spacing measured from centerline to centerline as specified below.

Minimum Intersection Spacing
Major Road Type	Spacing (in feet)
Existing Streets	1,600
Residential Collector	300
Residential Subcollector	125

Intersection Angle. Intersecting roads shall intersect at a 90° angle for a minimum of 50 feet from the intersection beyond the intersection of the right-of-way lines.

Turning Lanes. Deceleration or turning lanes may also be required by the Township along existing and proposed collector and/or arterial roads whenever these intersect other collector or primary roads.

Deceleration or turning lanes may also be required by the Township along existing and proposed streets as determined by a traffic impact study required in § 30-22.20.

Deceleration lanes shall be designed to the following standards:

(a)

The lane width shall be the same as the required width of the roadway moving lanes.

(b)

The lane shall provide the full required land width for its full length. It shall not be tapered.

(c)

The minimum lane length shall be as follows:

Design Speed of Road	Minimum Deceleration Lane Length
30 mph	165 feet
40 mph	230 feet
50 mph	310 feet

§ 30-22.13 Street Design.

[Ord. No. 85-9, § 2212]

Street Trees.

Street trees shall be planted along all streets where street trees do not exist.

Large street trees (mature height greater than 25 feet) shall be planted at intervals of not more than 40 feet, and small street trees at intervals of not more than 30 feet per each side of the street. An equivalent number may be planted in an informal arrangement, subject to Township Planning Board approval.

At intersections, trees shall be located no closer than 30 feet from the intersection of the street right-of-way.

A mixture of at least three different species of trees is required.

Street trees shall be planted within the right-of-way, but not over underground utility easements, unless otherwise approved by the Township Planning Board.

Street trees shall be of nursery stock. They shall be of symmetrical growth, free of insects, pests and disease, suitable for street use, and durable under the maintenance contemplated.

The minimum trunk diameter, measured at a height of six inches above the finished grade level, shall be 2.5 inches.

Approved trees include the following:

(a)

Acer plantanoides - Norway Maple.

(b)

Acer rubrum - Red Maple.

(c)

Acer saccharum - Sugar Maple.

(d)

Fraxinus americana - White Ash.

(e)

Fraxinus pennsylvania lanceolate - Green Ash.

(f)

Gleditsia tricanthos inermis - Thornless Honey Locust.

(g)

Liquidamber styraciflua - Sweet Gum.

(h)

Liriodendron tulipifera - Tulip Tree.

(i)

Pheilodendron amurense - Amur Cork Tree.

(j)

Platanus Acerifolia - London Plane Tree.

(k)

Quercus alba - White Oak.

(l)

Quercus coccinea - Scarlet Oak.

(m)

Quercus borealis - Red Oak.

(n)

Quercus palustris - Pin Oak.

(o)

Quercus pheilos - Willow Oak.

(p)

Robina pseudoacacia inermis - Thornless Black Locust.

(q)

Tilia - Linden (all species hardy to the area)

(r)

Zelkova serrata - Japanese Zelkova.

(s)

Acer ginnala - Amur Maple.

(t)

Cornus florida - Flowering Dogwood.

(u)

Crataegus phaenopyrum - Washington Hawthorn.

(v)

Gingko bilboa - Gingko (male only).

(w)

Prunus kwanzan - Kwanzan Cherry.

(x)

Pyrus calleryana bradford - Callery Pear.

(y)

Sophora japonica - Japanese Pagodatree.

Other species may be used upon approval by the Planning Board.

Street Signs.

The developer shall erect at every street intersection and street sign or street signs meeting Township approval, having thereon the names of the intersecting street. At intersections where streets cross, there shall be at least two such street signs and at the intersections where one street ends or joins with another street, there shall be at least one such street sign.

Street signs are to be erected on or before occupancy of the first use on the street. Temporary street signs may be erected on the approval of the Township Planning Board, but shall be made permanent when the first unit is occupied on the street.

The installation of all traffic control signs, equipment or devices required within the development and along the frontage shall be shown on the plan, approved by the New Jersey Department of Transportation, where required, and installed at the cost of the developer.

§ 30-22.14 Street Construction Specifications.

[Ord. No. 85-9, § 2213; Ord. No. 92-8, § 1]

All specifications and requirements, materials and equipment shall conform to the requirements of the New Jersey Department of Transportation, provided that streets be constructed to meet the following minimum standards established by the Township:

All new and reconstructed streets in the Township of Union shall hereinafter be constructed with a six inch sub-base comprised of properly compacted 1 1/2 inch quarry process road stone overlain with a five-inch stabilized bituminous base (Mix I-2). The road sub-base and bituminous base shall extend beyond the required cartway width by an additional six inches per each side shoulder. The stabilized bituminous base shall then be overlain with a two-inch bituminous concrete surface (Mix I-5) to the required cartway width.

All streets shall be graded as shown on the street profiles and cross section plan submitted with the preliminary plan and approved with the final plan.

Along the existing street on which a subdivision or site plan abuts, improvements shall be made to the street as required by the Planning Board. The improvements to the existing street shall be determined by the width of the required cartway and built to the specifications established by the Township. An escrow account may be established to be used by the Township for the improvement of the cartway to the required standards.

§ 30-22.15 Automobile Parking.

[Ord. No. 85-9, § 2214; Ord. No. 90-2, § 9; Ord. No. 2001-8, § 3]

A parking space is a paved stall or berth covered or uncovered for parking motor vehicles, excluding space(s) within a cartway. Parking facilities shall be provided off-street in accordance with the requirements of the zoning regulations herein.

Parking areas shall be designed to permit each motor vehicle to proceed to and from the parking spaces provided for it without requiring the moving of any other motor vehicle(s).

At no time shall angle or perpendicular parking be provided along public or private streets. All parking lots and bays permitting parking other than parallel shall be physically separated from the street and confined by curbing or other suitable separating device.

Parking areas shall be designed to allow ingress and egress from a parking area without backing from or into a street. Access areas shall be designed so as to allow vehicles to enter a street in a forward direction.

The design standards specified below shall also be required for all off-street parking facilities with a capacity of six or more vehicles and shall be required in addition to the parking standards in § 30-7 herein.

Pedestrian crosswalks and refuge islands shall be provided at intervals not exceeding 200 feet along the length of each parking area.

Access drives shall be a minimum of 12 feet from any property line for single-family detached dwellings 27,500 square feet or greater. Driveway setbacks for residential lots less than 27,500 square feet shall be equal to 10% of the minimum required lot width. Buffer requirements shall be observed in addition to driveway setback requirements. The following chart illustrates driveway setback requirements.

Residential Driveway Setbacks
Lots Less Than 27,500 square feet
Housing Type	Min. Lot Size (Square feet)	Minimum Lot Width (feet)	Driveway Setback (feet)
VR District
Village House	19,000	90	9
RM District
Single Detached	9,000	50	5
Village House	5,600	50	5
Patio House	4,500	45	4.5
Atrium House	2,500	40	4
Twin House	4,500	45	4.5
Townhouse	2,500	24	2.4
Town/Duplex	2,000	24	2.4
Multiplex	2,500	30	3

When required by the Planning Board, all parking areas for any purpose other than single-family residences shall be physically separated from any public street by a concrete curb and by a planting strip which shall be not less than three feet in depth followed by a four-foot concrete sidewalk built to Township specifications. Concrete tire bumpers shall be installed so as to prevent vehicle overhang on the sidewalk area. This three-foot planting strip shall be parallel to the street line and shall be measured from the future right-of-way.

Parking and display areas along arterial and collector roads will be set back at least 30 feet from the future right-of-way of the road in order to accommodate acceleration and deceleration lanes and marginal access roads.

Parking areas for commercial, industrial, and multi-family residential development shall be lighted. All artificial lighting used to illuminate any parking area shall be so designed that no direct rays shall fall upon any neighboring property or street. A minimum level of 0.5 foot candle of light shall be maintained. Hours of operation of the lighting is required to be identified and shall be reviewed by the Planning Board.

Parking lots with less than 20 spaces shall not have a grade exceeding 5%. Parking lots with 20 or more spaces shall not have a grade exceeding 3%. Any grade, cut, fill or height difference exceeding four feet shall be subject to approval of the Planning Board.

All parking areas shall have at least one tree of 1.5 inch caliper minimum for every five parking spaces in single bays and one tree of 1.5 inch caliper minimum for every 10 parking spaces in double bays. Trees shall be planted in such a manner as to afford maximum protection from the sun for parked vehicles.

In a parking lot, all parking spaces shall be marked so that individual spaces are identifiable.

In a parking lot, curbs or tire stops shall be designed for the protection of planting strips and to prevent cars from overhanging pedestrian walks. Curbs shall be designed to accommodate handicapped persons.

Parking lot pavement thickness shall contain a five-inch base course and a two-inch top course.

§ 30-22.16 Open Space in Performance Subdivisions and Residential Developments.

[Ord. No. 85-9, § 2215].

Performance subdivisions, single-family detached clusters, and mobile home parks shall meet the open space requirements of the Union Township zoning ordinance. A performance bond or other security in accordance with this chapter may be required to cover the cost of the installation of designated planting and recreation facilities.

The applicant shall provide a method of physically delineating private lots from common open space areas. Such method shall include shrubbery, trees, markers or other method acceptable to the Planning Board.

§ 30-22.17 Recreation Areas.

[Ord. No. 85-9, § 2216]

The zoning regulations require a minimum amount of open space for certain types of residential development. A portion of that open space is required to be for recreation purposes. In conjunction with good site design practices, the following criteria are to be used in evaluating the recreation area proposed on a development plan.

The recreational activities and/or facilities for which the area is intended must be specified on the development plans.

Recreation area shall be readily accessible to all development residents; or, in the case of recreation areas dedicated to the Township shall be easily and safely accessible to the general public. At least one side of the recreation area shall abut a street for a minimum distance of 50 feet for access of emergency and maintenance vehicles.

The configuration of the recreation area must be able to accommodate recreation activities proposed by the development plans. The required minimum area shall not include narrow or irregular pieces of land which are remnants from lotting and/or street and parking areas. Recreational areas shall have a minimum dimension of 50 feet and a minimum area of 10,000 square feet. The Planning Board may vary the minimum area requirement of recreation space when the recreation space, as calculated in § 30-6 of this chapter, is less than the required 10,000 square feet.

Recreation areas required by the zoning regulations herein shall not include land with resource limitations as established by the zoning regulations.

Recreation areas shall not be traversed by utility easements unless said utilities are placed underground and no part of them or their supportive equipment protrudes above ground level.

The following may not be located in recreation areas: sewage treatment or disposal facilities of any type, water storage tank, well pump house, and any similar use or other use which is not related to or associated with recreation.

Active recreation areas shall be located in such a location that the use of the facility will not be a nuisance to the residents of nearby dwellings.

§ 30-22.18 Sidewalks.

[Ord. No. 85-9, § 2217]

Sidewalks shall be provided where required by the Township.

A minimum width of all sidewalks shall be four feet. There shall be a minimum of three-foot wide planting strip between the curb and sidewalk. This planting strip can be used for the location of the underground utilities.

The grades and paving of the sidewalks shall be continuous across driveways except in nonresidential and multi-family residential developments and in certain other cases where heavy traffic volume dictates special treatment.

The thickness and type of construction of all sidewalks shall be in accordance with the Township specifications.

At corners and pedestrian street crossing points, sidewalks shall be extended to the curbline with an adequate apron area for anticipated pedestrian traffic.

Sidewalks shall not exceed a 7% grade. Steps or a combination of steps and ramps shall be utilized to maintain the maximum grade, where necessary. Where sidewalk grades exceed 5%, a nonslip surface texture shall be used.

In addition to the preceding requirements, all sidewalks shall provide ramps for adequate and reasonable access for the safe and convenient movement of physically handicapped persons, including the movement of wheelchairs across pedestrian crosswalk.

§ 30-22.19 Nonresidential Developments.

[Ord. No. 85-9, § 2218]

Additional width of streets adjacent to areas proposed for nonresidential use may be required as deemed necessary by the Planning Board to assure the free flow of through traffic of vehicles entering or leaving parking areas.

The access requirements of this chapter shall be met.

For commercial uses, the developer may be required to provide separate access for service vehicles to loading areas from the vehicular access ways and parking areas intended for patron use. This may be accomplished by using a separate access point for service vehicles to move from the road to the loading area. The applicant may also be required to screen the loading area when deemed necessary by the Planning Board.

Dead-end streets shall be avoided; but where this proves impossible, they shall be terminated with a paved cul-de-sac turnaround consistent with this chapter.

Adjacent residential area shall be protected from potential nuisance of the proposed nonresidential developments. Buffer yards shall be provided as prescribed in the zoning regulations herein.

Streets carrying nonresidential traffic shall not be extended to the boundaries of the adjacent existing or potential residential areas, nor connected to street intended for predominantly residential traffic.

Parking areas shall be located or designed in such a manner that they are visibly excluded from eye level in any surrounding residential area. Grading to depress the parking area, raised berms, landscaping or fencing are satisfactory methods to create such seclusion.

All area, design, and parking requirements shall conform to the zoning regulations herein.

Refuse Collection for Nonresidential Development.

Outdoor collection stations shall be provided for garbage and trash removal when indoor collection is not provided.

Collection stations shall be located to avoid being offensive and shall be screened from view and landscaped.

§ 30-22.20 Impact Studies.

[Ord. No. 85-9, § 2219; Ord. No. 90-2, § 9]

A traffic impact study shall be required for all major subdivisions, land developments, and mobile home parks that meet one or more of the following criteria:

Residential: 100 or more dwelling units.

Commercial: A commercial building or buildings consisting of 25,000 square feet or more of gross leaseable floor space, and all fast food franchises.

Office: A development consisting of 25,000 square feet or more of gross leaseable floor space.

Industrial: A development consisting of 50,000 square feet or more of gross leaseable floor space.

Institutional: Medical, Public, Institutional: All developments of 25,000 square feet or more of gross floor area.

These impact studies shall be reviewed by the Township and must be found to be satisfactory prior to granting preliminary approval. Any improvements identified by the studies will be required improvements at the time final plan approval is granted.

Traffic Impact Study. The study will enable the Township to assess the impact of a proposed development on the traffic system. Its purpose is: (1) to ensure that proposed developments do not adversely affect the traffic network; (2) to identify any traffic problems associated with access from the site onto the existing roads; and, (3) to delineate solutions to potential problems and to present improvements to be incorporated into the proposed development.

Traffic impact statements shall be based on the following criteria:

(a)

General Site Description. The site description shall include the size, location, and proposed land uses, construction staging and completion dates, or types of dwelling units. A brief description of other major existing and proposed land developments within two miles of the proposed development.

(b)

Traffic Facilities Description. The description shall contain a full documentation of the proposed internal and existing highway system. The report shall describe the external roadway system within the area. Major intersection in the area shall be identified and sketched. All future highway improvements which are part of proposed surrounding development shall be noted and included in the calculations.

(c)

Existing Traffic Conditions. Existing traffic conditions shall be measured and documented for all roadways and intersections in the area. Manual traffic counts at major intersections in the study area shall be conducted, encompassing the peak highway and development generated hour(s), and documentation shall be included in the report. A volume/capacity analysis based upon existing volumes shall be performed during the peak highway hour(s) and the peak development-generated hour(s) for all roadways and major intersections in the study area. Levels of service shall be determined for each location.

This analysis will determine the adequacy of the existing roadway system to serve the current traffic demand. Roadways and/or intersections experiencing levels of Service E or F, as described in this section and Report 187: Quick Response Urban Travel Estimation Techniques and Transferable Parameters Users Guide.

(d)

Traffic Impact of the Development. Estimation of vehicular trips to result from the proposed development shall be completed for the average daily peak highway hour(s). Vehicular trip generation rates to be used for this calculation shall be obtained from the trip generation rates included herein. These development generated traffic volumes shall be provided for the inbound and outbound traffic movements as estimated, and the reference source(s) and methodology followed shall be documented. All turning movements shall be calculated. These generated volumes shall be distributed to the area and assigned to the existing roadways and intersections throughout the area. Documentation of all assumptions used in the distribution and assignment phase shall be provided. Traffic volumes shall be assigned to individual access points. Any characteristics of the site that will cause particular trip generation problems shall be noted.

(e)

Analysis of Traffic Impact. The total future traffic demand shall be calculated. This demand shall consist of the combination of existing traffic expanded to the completion year, the development generated traffic, and the traffic generated by other proposed developments in the study area. A second volume/capacity analysis shall be conducted using the total future demand and the future roadway capacity. If staging of the proposed development is anticipated, calculations for each stage of completion shall be made. This analysis shall be performed during the peak highway hour(s) for all roadways and major intersections in the study area. Volume/capacity calculations shall be completed for all major intersections.

All access points shall be examined as to the necessity of installing traffic signals, based on projected traffic volume.

(f)

Conclusions and Recommendations. Levels of service for all roadways and intersections shall be listed. All roadways and/or intersections showing a level of service below C shall be considered deficient and specific recommendations for the elimination of these problems shall be listed. This listing of recommended improvements shall include, but not be limited to, the following elements; internal calculation design, site access location and design, external roadway and intersection and design and improvements, traffic signal installation and operation including signal timing, and transit design improvements. All physical roadways shall be shown in sketches.

The applicant shall be responsible for all recommended improvements. The estimated cost of the improvements shall be listed along with the projected completion date of the work.

(g)

Levels of Services.

(1)

Level of Service A describes a condition of free flow, with low volumes and high speeds. Traffic density is low, with speeds controlled by drivers desires, speed limits and physical roadway conditions. There is little or no restriction in maneuverability due to the presence of other vehicles, and drivers can maintain their desired speed with little or no delay.

(2)

Level of Service B is in the zone of stable flow, with operating speeds beginning to be restricted somewhat by traffic conditions. Drivers still have reasonable freedom to select their speed and lane of operation. Reductions in speed are not unreasonable with a low probability of traffic flow being restricted. The lower limit (lowest speed, highest volume) of this level of service has been associated with service volumes used in the design of rural highways.

(3)

Level of Service C is still the zone of stable flow, but speeds and maneuverability are more closely controlled by the higher volumes. Most of the drivers are restricted in their freedom to select their own speed, change lanes, or pass. A relatively satisfactory operating speed is still obtained, with service volumes perhaps suitable for urban design practices.

(4)

Level of Service D approvals unstable flow with tolerable operating speeds being maintained. However, such speeds can be affected considerably by changes in operating conditions. Fluctuations in volume and temporary restrictions to flow may cause substantial drops in operating speeds. Drivers have little freedom to maneuver, and comfort and convenience levels are low. Such conditions can be tolerated for short periods of time.

(5)

Level of Service E cannot be described by speed alone, but represents operations at even owner operating speeds than in Level D, with volumes at or near the operating capacity of the highway. At capacity, speeds are typically about 30 miles per hour. Flow is unstable, and there may be stoppages of momentary duration.

(6)

Level of Service F describes forced flow operation at low speeds where volumes are below capacity. These conditions usually result from lines of vehicles backing up from a restriction downstream. The section under study will be serving as a storage area during parts or all of the peak hour. Speeds are reduced substantially and stoppages may occur for short or long periods of time because of the downstream congestion. In the extreme, both the speed and volume can drop to zero.

§ 30-22.21 Environmental Performance Standards.

[Ord. No. 85-9, § 2220]

The developer shall determine the presence of environmental or natural features on the site and shall meet the following standards of environmental protection. Site alterations, regrading, filling or clearing of vegetation prior to submission of the plans for development shall be a violation of this chapter.

§ 30-22.22 Natural Resource Protection Calculations.

[Ord. No. 85-9, § 2221]

All development submissions shall include natural resource protection calculations, as defined in the Township zoning ordinance, § 30-6.3b.

§ 30-22.23 Site Capacity Calculations.

[Ord. No. 85-9, § 2222]

The developer shall perform the site capacity calculations as are outlined in § 30-6.3b of this chapter.

Editor's Note: Table of Residential Street Design Options is included as an attachment to this chapter.

§ 30-23 OFF-TRACT IMPROVEMENTS.

§ 30-23.1 Improvements Required.

[Ord. No. 85-9, § 2300]

Developers shall be required, as a condition for approval of a subdivision or site plan, to pay their pro rata share of the cost of providing reasonable and necessary street improvements and water, sewerage, and drainage facilities and easements therefor located outside the property limits of the subdivision but necessitated or required by construction or improvements within said subdivision. The following criteria shall be utilized in determining a developer's proportionate or pro rata share of necessary off-tract improvements.

§ 30-23.2 Improvements To Be Constructed at Sole Expense of Developer.

[Ord. No. 85-9, § 2301]

In cases where the reasonable and necessary need for an off-tract improvement or improvements is necessitated or required by the proposed development application and where no other property owners receive a special benefit thereby, the applicant may be required, as a condition of approval, at the applicant's sole expense, to provide for and construct such improvements as if such were an on-tract improvement in the manner provided hereafter and otherwise provided by law.

§ 30-23.3 Other Improvements.

[Ord. No. 85-9, § 2302]

In cases where the need for any off-tract improvement is necessitated by the proposed development application and where it is determined that properties outside the development will also be benefited by the improvement, the following criteria shall be utilized in determining the developers proportionate share of such improvements:

Sanitary Sewers. For distribution facilities, including the installation, relocation or replacement of collector, trunk and interceptor sewers and the installation, relocation or replacement of other appurtenances associated therewith, the applicant's proportionate share shall be computed as follows:

The capacity and design of the sanitary sewer system shall be based on Rules and Regulations for the Preparation and Submission for Sewerage Systems, New Jersey Department of Environmental Protection, and all Union Township sewer design standards, including infiltration standards, and all other Township storm water drain standards.

Developer's Pro Rata Share.

(a)

The capacity of the existing system to serve the entire improved drainage area shall be computed. If the system is able to carry the total developed drainage basin, no improvement or enlargement cost will be assigned to the developer. If the existing system does not have adequate capacity for the total developed drainage basin, the prorated enlargement or improvement share shall be computed as follows:

Total enlargement cost or improvement cost

Developer's cost

Total tributary gpd

Developer's gpd

(b)

If it is necessary to construct a new system in order to develop the subdivision, the prorated enlargement share to the developer shall be computed as follows:

Total project cost

Developer's cost

Total tributary gpd to new system

Development tributary gpd

(c)

The plans for the improved system or extended system shall be prepared by the developer's engineer. All work shall be calculated by the developer and approved by the Township Engineer.

Roadways. For street widening, alignment, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvement uncovered elsewhere, the construction or reconstruction of new or existing streets and other associated streets or traffic improvements, the applicant's proportionate cost shall be determined as follows:

The Township Engineer shall provide the applicant's engineer with the existing and anticipated peak hour flows for the off-tract improvement.

The applicant shall furnish a plan for the proposed off-tract improvements, which shall include the estimated peak hour traffic generated by the proposed development. The ratio of the peak hour traffic generated by the proposed development to the future peak hour traffic shall form the basis of the proportionate share. The prorated share shall be computed as follows:

Total cost of the roadway improvement and/or extension

Developer's cost

Future peak hour traffic

Future peak hour traffic generated by the development

Drainage Improvements. For stormwater and drainage improvements, including the installation, relocation or replacement of storm drains, culverts, catch basins, manholes, riprap, or improved drainage ditches and appurtenances thereto and the relocation or replacement of other storm drainage facilities or appurtenances associated therewith, the applicant's proportionate share shall be determined as follows:

The capacity and design of the drainage system to accommodate stormwater runoff shall be based on a method described in Urban Hydrology for Small Watersheds Technical Release 55, Soil Conservation Service, USDA, January 1975, as amended, and shall be computed by the developer's engineer and approved by the Township Engineer.

The capacity of the enlarged, extended or improved system required for the subdivision and areas outside of the developer's tributary to the drainage system shall be determined by the developer's engineer, subject to approval by the Township Engineer. The plans for the improved system shall be prepared by the developer's engineer and the estimated cost of the enlarged system calculated by the Township Engineer. The prorated share for the proposed improvement shall be computed as follows:

Total enlargement or improvement cost of drainage facilities

Developer's cost

Total tributary cfs

Development cfs

§ 30-23.4 Escrow Accounts.

[Ord. No. 85-9, § 2303]

Where the proposed off-tract improvement is to be undertaken at some future date, the moneys required for the improvements shall be deposited to the credit of the Township in a separate account until such time as the improvement is constructed. If the off-tract improvement is not begun within 10 years of deposit, all moneys and interest shall be returned to the applicant.

§ 30-23.5 Computation of Pro Rata Share.

[Ord. No. 85-9, § 2304]

In any case in which an applicant shall not provide the approving authority with the estimates of a traffic consultant and/or consulting engineer with regard to estimated improvement costs and all other information necessary to proportion costs, the approving authority may rely on the estimates of the Township Engineer in order to prorate costs.

§ 30-24 STORMWATER CONTROL. [1]

[Amended Ord. No. 2006-8; 12-16-2020 by Ord. No. 2020-9]

[1]

Editor's Note: Prior ordinance history includes portions of Ordinance No. 85-9.

§ 30-24.1 Scope and Purpose.

Policy statement. Flood control, groundwater recharge, and pollutant reduction shall be achieved through the use of stormwater management measures, including green infrastructure best management practices (GI BMPs) and nonstructural stormwater management strategies. GI BMPs and low-impact development (LID) should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. GI BMPs and LID should be developed based upon physical site conditions and the origin, nature and the anticipated quantity, or amount, of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.

Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in § 30-24.2.

Applicability.

This section shall be applicable to the following major developments:

(a)

Nonresidential major developments; and

(b)

Aspects of residential major developments that are not preempted by the Residential Site Improvement Standards at N.J.A.C. 5:21.

This section shall also be applicable to all major developments undertaken by the Township of Union.

Compatibility with other permit and ordinance requirements. Development approvals issued pursuant to this section are to be considered an integral part of development approvals and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this section shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. This section is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.

§ 30-24.2 Definitions.

For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions below are the same as or based on the corresponding definitions in the Stormwater Management Rules at N.J.A.C. 7:8-1.2.

COMMUNITY BASIN

An infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond, established in accordance with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance with the New Jersey Stormwater best management practices Manual, or an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g), for an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond and that complies with the requirements of this section.

COMPACTION

The increase in soil bulk density.

CONTRIBUTORY DRAINAGE AREA

The area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself.

CORE

A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.

COUNTY REVIEW AGENCY

An agency designated by the County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be a county planning agency or a county water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances. In Hunterdon County, in which the Township of Union is located, the designated county review agency is the Hunterdon County Planning Board.

DEPARTMENT

The New Jersey Department of Environmental Protection.

DESIGN ENGINEER

A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.

DEVELOPMENT

The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, 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 is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural land, development means any activity that requires a state permit, any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.

DISTURBANCE

The placement or reconstruction of impervious surface or motor vehicle surface, or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation. Milling and repaving is not considered disturbance for the purposes of this definition.

DRAINAGE AREA

A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.

ENVIRONMENTALLY CONSTRAINED AREA

The following areas where the physical alteration of the land is in some way restricted, either through regulation, easement, deed restriction or ownership, such as wetlands, floodplains, threatened and endangered species sites or designated habitats, and parks and preserves. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.

ENVIRONMENTALLY CRITICAL AREA

An area or feature which is of significant environmental value, including, but not limited to, stream corridors, natural heritage priority sites, habitats of endangered or threatened species, large areas of contiguous open space or upland forest, steep slopes, and wellhead protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.

EROSION

The detachment and movement of soil or rock fragments by water, wind, ice, or gravity.

GREEN INFRASTRUCTURE

A stormwater management measure that manages stormwater close to its source by:

Treating stormwater runoff through infiltration into subsoil;

Treating stormwater runoff through filtration by vegetation or soil; or

Storing stormwater runoff for reuse.

HUC 14 or HYDROLOGIC UNIT CODE 14

An area within which water drains to a particular receiving surface water body, also known as a subwatershed, which is identified by a fourteen-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.

IMPERVIOUS SURFACE

A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.

INFILTRATION

The process by which water seeps into the soil from precipitation.

LEAD PLANNING AGENCY

One or more public entities having stormwater management planning authority designated by the regional stormwater management planning committee, pursuant to N.J.A.C. 7:8-3.2, that serves as the primary representative of the committee.

MAJOR DEVELOPMENT

An individual development, as well as multiple developments that individually or collectively result in:

The disturbance of one or more acres of land since February 2, 2004;

The creation of 1/4 acre or more of regulated impervious surface since February 2, 2004;

The creation of 1/4 acre or more of regulated motor vehicle surface since March 2, 2021, or the effective date of this section, whichever is earlier; or

A combination of Subsections a2 and 3 above that totals an area of 1/4 acre or more. The same surface shall not be counted twice when determining if the combination area equals 1/4 acre or more.

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 a1, 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.

MOTOR VEHICLE

Land vehicles propelled other than by muscular power, such as automobiles, motorcycles, autocycles, and low-speed vehicles. For the purposes of this definition, motor vehicle does not include farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs, go-carts, gas buggies, golf carts, ski-slope grooming machines, or vehicles that run only on rails or tracks.

MOTOR VEHICLE SURFACE

Any pervious or impervious surface that is intended to be used by motor vehicles and/or aircraft and is directly exposed to precipitation, including, but not limited to, driveways, parking areas, parking garages, roads, racetracks, and runways.

MUNICIPALITY

Any city, borough, town, township, or village.

NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL or BMP MANUAL

The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this section. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this section. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this section, provided the design engineer demonstrates to the municipality, in accordance with § 30-24.4f of this section and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this section.

NODE

An area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.

NUTRIENT

A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.

PERSON

Any individual, corporation, company, partnership, firm, association, political subdivision of this state and any state, interstate or federal agency.

POLLUTANT

Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance [except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. §§ 2011 et seq.], thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, groundwaters or surface waters of the state, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.

RECHARGE

The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.

REGULATED IMPERVIOUS SURFACE

Any of the following, alone or in combination:

A net increase of impervious surface;

The total area of impervious surface collected by a new stormwater conveyance system (for the purpose of this definition, a "new stormwater conveyance system" is a stormwater conveyance system that is constructed where one did not exist immediately prior to its construction or an existing system for which a new discharge location is created);

The total area of impervious surface proposed to be newly collected by an existing stormwater conveyance system; and/or

The total area of impervious surface collected by an existing stormwater conveyance system where the capacity of that conveyance system is increased.

REGULATED MOTOR VEHICLE SURFACE

Any of the following, alone or in combination:

The total area of motor vehicle surface that is currently receiving water;

A net increase in motor vehicle surface; and/or

Quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant, where the water quality treatment will be modified or removed.

SEDIMENT

Solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.

SITE

The lot or lots upon which a major development is to occur or has occurred.

SOIL

All unconsolidated mineral and organic material of any origin.

STORMWATER

Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.

STORMWATER MANAGEMENT BMP

An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management BMP may either be normally dry (that is, a detention basin or infiltration system), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).

STORMWATER MANAGEMENT MEASURE

Any practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal nonstormwater discharges into stormwater conveyances.

STORMWATER MANAGEMENT PLANNING AGENCY

A public body authorized by legislation to prepare stormwater management plans.

STORMWATER MANAGEMENT PLANNING AREA

The geographic area for which a stormwater management planning agency is authorized to prepare stormwater management plans, or a specific portion of that area identified in a stormwater management plan prepared by that agency.

STORMWATER RUNOFF

Water flow on the surface of the ground or in storm sewers, resulting from precipitation.

WATER CONTROL STRUCTURE

A structure within, or adjacent to, a water, which intentionally or coincidentally alters the hydraulic capacity, the flood elevation resulting from the two-, ten-, or 100-year storm, flood hazard area limit, and/or floodway limit of the water. Examples of a water control structure may include a bridge, culvert, dam, embankment, ford (if above grade), retaining wall, and weir.

WATERS OF THE STATE

The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

WETLANDS or WETLAND

An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation."

§ 30-24.3 Design and performance standards for stormwater management measures.

Stormwater management measures for major development shall be designed to provide erosion control, groundwater recharge, stormwater runoff quantity control, and stormwater runoff quality treatment as follows:

The minimum standards for erosion control are those established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules at N.J.A.C. 2:90.

The minimum standards for groundwater recharge, stormwater quality, and stormwater runoff quantity shall be met by incorporating green infrastructure.

The standards in this section apply only to new major development and are intended to minimize the impact of stormwater runoff on water quality and water quantity in receiving water bodies and maintain groundwater recharge. The standards do not apply to new major development to the extent that alternative design and performance standards are applicable under a regional stormwater management plan or water quality management plan adopted in accordance with Department rules.

§ 30-24.4 Stormwater management requirements for major development.

The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with § 30-24.10.

Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species as documented in the Department's Landscape Project or Natural Heritage Database established under N.J.S.A. 13:1B-15.147 through 13:1B-15.150, particularly Helonias bullata (swamp pink) and/or Clemmys muhlenbergii (bog turtle).

The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 30-24.4p, q and r:

The construction of an underground utility line, provided that the disturbed areas are revegetated upon completion;

The construction of an aboveground utility line, provided that the existing conditions are maintained to the maximum extent practicable; and

The construction of a public pedestrian access, such as a sidewalk or trail with a maximum width of 14 feet, provided that the access is made of permeable material.

A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 30-24.4o, p, q and r may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:

The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;

The applicant demonstrates through an alternatives analysis, that through the use of stormwater management measures, the option selected complies with the requirements of § 30-24.4o, p, q and r to the maximum extent practicable;

The applicant demonstrates that, in order to meet the requirements of § 30-24.4o, p, q and r, existing structures currently in use, such as homes and buildings, would need to be condemned; and

The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under § 30-24.4d3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of § 30-24.4o, p, q and r that were not achievable on-site.

Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater best management practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in § 30-24.4o, p, q and r. When designed in accordance with the most current version of the New Jersey Stormwater best management practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f), Tables 5-1, 5-2 and 5-3, and listed below in Tables 1, 2 and 3, are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater best management practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at https://njstormwater.org/bmp_manual2.htm.

Where the BMP tables in the NJ Stormwater Management Rule are different due to updates or amendments with the tables in this section, the BMP tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f) shall take precedence.

Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High-Water Table (feet)
Cistern	0%	Yes	No	—
Dry well^(a)	0%	No	Yes	2
Grass swale	50% or less	No	No	2^(e) 1^(f)
Green roof	0%	Yes	No	—
Manufactured treatment device^{(a) (g)}	50% or 80%	No	No	Dependent upon the device
Pervious paving system^(a)	80%	Yes	Yes^(b) No^(c)	2^(b) 1^(c)
Small-scale bioretention basin^(a)	80% or 90%	Yes	Yes^(b) No^(c)	2^(b) 1^(c)
Small-scale infiltration basin^(a)	80%	Yes	Yes	2
Small-scale sand filter	80%	Yes	Yes	2
Vegetative filter strip	60% to 80%	No	No	—

(Notes corresponding to annotations ^(a) through ^(g) are found below Table 3.)

Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity (or for Groundwater Recharge and/or Stormwater Runoff Quality with a Waiver or Variance from N.J.A.C. 7:8-5.3)
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High-Water Table (feet)
Bioretention system	80% or 90%	Yes	Yes^(b) No^(c)	2^(b) 1^(c)
Infiltration basin	80%	Yes	Yes	2
Sand filter^(b)	80%	Yes	Yes	2
Standard constructed wetland	90%	Yes	No	N/A
Wet pond^(d)	50% to 90%	Yes	No	N/A

(Notes corresponding to annotations ^(b) through ^(d) are found below Table 3.)

Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity only with a Waiver or Variance from N.J.A.C. 7:8-5.3
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High-Water Table (feet)
Blue roof	0%	Yes	No	N/A
Extended detention basin	40% to 60%	Yes	No	1
Manufactured treatment device^(h)	50% or 80%	No	No	Dependent upon the device
Sand filter^(c)	80%	Yes	No	1
Subsurface gravel wetland	90%	No	No	1
Wet pond	50% to 90%	Yes	No	N/A

Notes to Tables 1, 2, and 3:
(a)	Subject to the applicable contributory drainage area limitation specified at § 30-24.4o2;
(b)	Designed to infiltrate into the subsoil;
(c)	Designed with underdrains;
(d)	Designed to maintain at least a ten-foot-wide area of native vegetation along at least 50% of the shoreline and to include a stormwater runoff retention component designed to capture stormwater runoff for beneficial reuse, such as irrigation;
(e)	Designed with a slope of less than 2%;
(f)	Designed with a slope of equal to or greater than 2%;
(g)	Manufactured treatment devices that meet the definition of "green infrastructure" at § 30-24.2;
(h)	Manufactured treatment devices that do not meet the definition of "green infrastructure" at § 30-24.2.

An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with § 30-24.4b. Alternative stormwater management measures may be used to satisfy the requirements at § 30-24.4o only if the measures meet the definition of "green infrastructure" at § 30-24.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at § 30-24.4o2 are subject to the contributory drainage area limitation specified at § 30-24.4o2 for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at § 30-24.4o2 shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 30-24.4d is granted from § 30-24.4o.

Whenever the stormwater management design includes one or more BMPs that will infiltrate stormwater into subsoil, the design engineer shall assess the hydraulic impact on the groundwater table and design the site, so as to avoid adverse hydraulic impacts. Potential adverse hydraulic impacts include, but are not limited to, exacerbating a naturally or seasonally high-water table, so as to cause surficial ponding, flooding of basements, or interference with the proper operation of subsurface sewage disposal systems or other subsurface structures within the zone of influence of the groundwater mound, or interference with the proper functioning of the stormwater management measure itself.

Design standards for stormwater management measures are as follows:

Stormwater management measures shall be designed to take into account the existing site conditions, including, but not limited to, environmentally critical areas; wetlands; flood-prone areas; slopes; depth to seasonal high-water table; soil type, permeability, and texture; drainage area and drainage patterns; and the presence of solution-prone carbonate rocks (limestone);

Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of § 30-24.8c;

Stormwater management measures shall be designed, constructed, and installed to be strong, durable, and corrosion resistant. Measures that are consistent with the relevant portions of the Residential Site Improvement Standards at N.J.A.C. 5:21-7.3, 5:21-7.4, and 5:21-7.5 shall be deemed to meet this requirement;

Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at § 30-24.8; and

The size of the orifice at the intake to the outlet from the stormwater management BMP shall be a minimum of 2 1/2 inches in diameter.

Manufactured treatment devices may be used to meet the requirements of this subsection, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of "green infrastructure" at § 30-24.2 may be used only under the circumstances described at § 30-24.4o4.

Any application for a new agricultural development that meets the definition of "major development" at § 30-24.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at § 30-24.4o, p, q and r and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.

If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 30-24.4p, q and r shall be met in each drainage area, unless the runoff from the drainage areas converge on-site and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.

Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Hunterdon County Clerk's office. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 30-24.4o, p, q and r and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US feet or latitude and longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to § 30-24.10b5. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the Clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.

A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to § 30-24.4 of this section and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Hunterdon County Clerk's office and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection m above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection m above.

Green infrastructure standards.

This subsection specifies the types of green infrastructure BMPs that may be used to satisfy the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards.

To satisfy the groundwater recharge and stormwater runoff quality standards at § 30-24.4p and q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at § 30-24.4f and/or an alternative stormwater management measure approved in accordance with § 30-24.4g. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:

Best Management Practice	Maximum Contributory Drainage Area (acres)
Dry well	1
Manufactured treatment device	2.5
Pervious pavement systems	Area of additional inflow cannot exceed 3 times the area occupied by the BMP
Small-scale bioretention systems	2.5
Small-scale infiltration basin	2.5
Small-scale sand filter	2.5

To satisfy the stormwater runoff quantity standards at § 30-24.4r, the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with § 30-24.4g.

If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 30-24.4d is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with § 30-24.4g may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 30-24.4p, q and r.

For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at § 30-24.4p, q and r, unless the project is granted a waiver from strict compliance in accordance with § 30-24.4d.

Groundwater recharge standards.

This subsection contains the minimum design and performance standards for groundwater recharge as follows.

The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at § 30-24.5, either:

(a)

Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures maintain 100% of the average annual preconstruction groundwater recharge volume for the site; or

(b)

Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from preconstruction to post construction for the two-year storm is infiltrated.

This groundwater recharge requirement does not apply to projects subject to Subsection p4 below.

The following types of stormwater shall not be recharged:

(a)

Stormwater from areas of high pollutant loading. High pollutant loading areas are areas in industrial and commercial developments where solvents and/or petroleum products are loaded/unloaded, stored, or applied, areas where pesticides are loaded/unloaded or stored; areas where hazardous materials are expected to be present in greater than "reportable quantities" as defined by the United States Environmental Protection Agency (EPA) at 40 C.F.R. 302.4; areas where recharge would be inconsistent with Department-approved remedial action work plan or landfill closure plan and areas with high risks for spills of toxic materials, such as gas stations and vehicle maintenance facilities; and

(b)

Industrial stormwater exposed to source material. "Source material" means any material(s) or machinery, located at an industrial facility, that is directly or indirectly related to process, manufacturing or other industrial activities, which could be a source of pollutants in any industrial stormwater discharge to groundwater. Source materials include, but are not limited to, raw materials; intermediate products; final products; waste materials; by-products; industrial machinery and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater.

Stormwater runoff quality standards.

This subsection contains the minimum design and performance standards to control stormwater runoff quality impacts of major development. Stormwater runoff quality standards are applicable when the major development results in an increase of 1/4 acre or more of regulated motor vehicle surface.

Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff generated from the water quality design storm as follows:

(a)

Eighty percent TSS removal of the anticipated load, expressed as an annual average shall be achieved for the stormwater runoff from the net increase of motor vehicle surface.

(b)

If the surface is considered regulated motor vehicle surface because the water quality treatment for an area of motor vehicle surface that is currently receiving water quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant is to be modified or removed, the project shall maintain or increase the existing TSS removal of the anticipated load expressed as an annual average.

The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection q2 above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.

The water quality design storm is 1.25 inches of rainfall in two hours. Water quality calculations shall take into account the distribution of rain from the water quality design storm, as reflected in Table 4 below. The calculation of the volume of runoff may take into account the implementation of stormwater management measures.

Table 4
Water Quality Design Storm Distribution
Time (minutes)	Cumulative Rainfall (inches)	Time (minutes)	Cumulative Rainfall (inches)	Time (minutes)	Cumulative Rainfall (inches)
1	0.00166	41	0.1728	81	1.0906
2	0.00332	42	0.1796	82	1.0972
3	0.00498	43	0.1864	83	1.1038
4	0.00664	44	0.1932	84	1.1104
5	0.00830	45	0.2000	85	1.1170
6	0.00996	46	0.2117	86	1.1236
7	0.01162	47	0.2233	87	1.1302
8	0.01328	48	0.2350	88	1.1368
9	0.01494	49	0.2466	89	1.1434
10	0.01660	50	0.2583	90	1.1500
11	0.01828	51	0.2783	91	1.1550
12	0.01996	52	0.2983	92	1.1600
13	0.02164	53	0.3183	93	1.1650
14	0.02332	54	0.3383	94	1.1700
15	0.02500	55	0.3583	95	1.1750
16	0.03000	56	0.4116	96	1.1800
17	0.03500	57	0.4650	97	1.1850
18	0.04000	58	0.5183	98	1.1900
19	0.04500	59	0.5717	99	1.1950
20	0.05000	60	0.6250	100	1.2000
21	0.05500	61	0.6783	101	1.2050
22	0.06000	62	0.7317	102	1.2100
23	0.06500	63	0.7850	103	1.2150
24	0.07000	64	0.8384	104	1.2200
25	0.07500	65	0.8917	105	1.2250
26	0.08000	66	0.9117	106	1.2267
27	0.08500	67	0.9317	107	1.2284
28	0.09000	68	0.9517	108	1.2300
29	0.09500	69	0.9717	109	1.2317
30	0.10000	70	0.9917	110	1.2334
31	0.10660	71	1.0034	111	1.2351
32	0.11320	72	1.0150	112	1.2367
33	0.11980	73	1.0267	113	1.2384
34	0.12640	74	1.0383	114	1.2400
35	0.13300	75	1.0500	115	1.2417
36	0.13960	76	1.0568	116	1.2434
37	0.14620	77	1.0636	117	1.2450
38	0.15280	78	1.0704	118	1.2467
39	0.15940	79	1.0772	119	1.2483
40	0.16600	80	1.0840	120	1.2500

If more than one BMP in series is necessary to achieve the required 80% TSS reduction for a site, the applicant shall utilize the following formula to calculate TSS reduction:

R = A + B - (A x B)/100

Where:
R	=	total TSS percent load removal from application of both BMPs.
A	=	the TSS percent removal rate applicable to the first BMP.
B	=	the TSS percent removal rate applicable to the second BMP.

Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in § 30-24.4p, q and r.

In accordance with the definition of "FW1" at N.J.A.C. 7:9B-1.4, stormwater management measures shall be designed to prevent any increase in stormwater runoff to waters classified as FW1.

The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1 establish 300-foot riparian zones along Category One waters, as designated in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain upstream tributaries to Category One waters. A person shall not undertake a major development that is located within or discharges into a 300-foot riparian zone without prior authorization from the Department under N.J.A.C. 7:13.

Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3i, runoff from the water quality design storm that is discharged within a 300-foot riparian zone shall be treated in accordance with this subsection to reduce the post-construction load of total suspended solids by 95% of the anticipated load from the developed site, expressed as an annual average.

10.

These stormwater runoff quality standards do not apply to the construction of one individual single-family dwelling, provided that it is not part of a larger development or subdivision that has received preliminary or final site plan approval prior to December 3, 2018, and that the motor vehicle surfaces are made of permeable material(s) such as gravel, dirt, and/or shells.

Stormwater runoff quantity standards.

This subsection contains the minimum design and performance standards to control stormwater runoff quantity impacts of major development.

In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § 30-24.5, complete one of the following:

(a)

Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the two-, ten-, and 100-year storm events do not exceed, at any point in time, the preconstruction runoff hydrographs for the same storm events;

(b)

Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the preconstruction condition, in the peak runoff rates of stormwater leaving the site for the two-, ten- and 100-year storm events and that the increased volume or change in timing of stormwater runoff will not increase flood damage at or downstream of the site. This analysis shall include the analysis of impacts of existing land uses and projected land uses assuming full development under existing zoning and land use ordinances in the drainage area;

(c)

Design stormwater management measures so that the post-construction peak runoff rates for the two-, ten- and 100-year storm events are 50%, 75% and 80%, respectively, of the preconstruction peak runoff rates. The percentages apply only to the post-construction stormwater runoff that is attributable to the portion of the site on which the proposed development or project is to be constructed.

The stormwater runoff quantity standards shall be applied at the site's boundary to each abutting lot, roadway, watercourse, or receiving storm sewer system.

§ 30-24.5 Calculation of stormwater runoff and groundwater recharge.

Stormwater runoff shall be calculated in accordance with the following:

The design engineer shall calculate runoff using one of the following methods:

(a)

The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at https://www.nrcs.usda.gov/Internet/FSE DOCUMENTS/stelprdb1044171.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or

(b)

The Rational Method for peak flow and the Modified Rational Method for hydrograph computations. The Rational and Modified Rational Methods are described in Appendix A-9 Modified Rational Method in the Standards for Soil Erosion and Sediment Control in New Jersey, January 2014. This document is available from the State Soil Conservation Committee or any of the soil conservation districts listed at N.J.A.C. 2:90-1.3(a)3. The location, address, and telephone number for each soil conservation district is available from the State Soil Conservation Committee, PO Box 330, Trenton, New Jersey 08625. The document is also available at http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsCo mplete.pdf.

For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the preconstruction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology above at § 30-24.5a1(a) and the Rational and Modified Rational Methods at § 30-24.5a1(b). A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).

In computing preconstruction stormwater runoff, the design engineer shall account for all significant land features and structures, such as ponds, wetlands, depressions, hedgerows, or culverts, that may reduce preconstruction stormwater runoff rates and volumes.

In computing stormwater runoff from all design storms, the design engineer shall consider the relative stormwater runoff rates and/or volumes of pervious and impervious surfaces separately to accurately compute the rates and volume of stormwater runoff from the site. To calculate runoff from unconnected impervious cover, urban impervious area modifications as described in the NRCS Technical Release 55 - Urban Hydrology for Small Watersheds or other methods may be employed.

If the invert of the outlet structure of a stormwater management measure is below the flood hazard design flood elevation as defined at N.J.A.C. 7:13, the design engineer shall take into account the effects of tailwater in the design of structural stormwater management measures.

Groundwater recharge may be calculated in accordance with the New Jersey Geological Survey Report GSR-32, A Method for Evaluating Ground-Water-Recharge Areas in New Jersey, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the New Jersey Stormwater best management practices Manual at the New Jersey Geological Survey website at https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf, or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.

§ 30-24.6 Sources for technical guidance.

Technical guidance for stormwater management measures can be found in the documents listed below, which are available to download from the Department's website at http://www.nj.gov/dep/stormwater/bmp_manual2.htm.

Guidelines for stormwater management measures are contained in the New Jersey Stormwater best management practices Manual, as amended and supplemented. Information is provided on stormwater management measures such as, but not limited to, those listed in Tables 1, 2, and 3 in § 30-24.4, above.

Additional maintenance guidance is available on the Department's website at https://www.njstormwater.org/maintenance_guidance.htm.

Submissions required for review by the Department should be mailed to the Division of Water Quality, New Jersey Department of Environmental Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.

§ 30-24.7 Solids and floatable materials control standards.

Site design features identified under § 30-24.4f above, or alternative designs in accordance with § 30-24.4g above, to prevent discharge of trash and debris from drainage systems shall comply with the following standards to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see § 30-24.7a2 below.

Design engineers shall use one of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:

(a)

The New Jersey Department of Transportation (NJDOT) bicycle-safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines; or

(b)

A different grate, if each individual clear space in that grate has an area of no more than 7.0 square inches, or is no greater than 0.5 inches across the smallest dimension. Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater system floors used to collect stormwater from the surface into a storm drain or surface water body.

(c)

For curb-opening inlets, including curb-opening inlets in combination inlets, the clear space in that curb opening, or each individual clear space if the curb opening has two or more clear spaces, shall have an area of no more than 7.0 square inches, or be no greater than 2.0 inches across the smallest dimension.

The standard in § 30-24.7a1 above does not apply:

(a)

Where each individual clear space in the curb opening in an existing curb-opening inlet does not have an area of more than 9.0 square inches;

(b)

Where the municipality agrees that the standards would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets;

(c)

Where flows from the water quality design storm as specified in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:

(1)

A rectangular space 4.625 inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or

(2)

A bar screen having a bar spacing of 0.5 inch.

(3)

Note that these exemptions do not authorize any infringement of requirements in the Residential Site Improvement Standards for bicycle safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2 and 5:21-7.4(b)1].

(d)

Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the water quality design storm as specified in N.J.A.C. 7:8; or

(e)

Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.

§ 30-24.8 Safety standards for stormwater management basins.

This subsection sets forth requirements to protect public safety through the proper design and operation of stormwater management BMPs. This subsection applies to any new stormwater management BMP.

The provisions of this subsection are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in § 30-24.8c1, 2, and 3 for trash racks, overflow grates, and escape provisions at outlet structures.

Requirements for trash racks, overflow grates and escape provisions.

A trash rack is a device designed to catch trash and debris and prevent the clogging of outlet structures. Trash racks shall be installed at the intake to the outlet from the stormwater management BMP to ensure proper functioning of the BMP outlets in accordance with the following:

(a)

The trash rack shall have parallel bars, with no greater than six-inch spacing between the bars;

(b)

The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure;

(c)

The average velocity of flow through a clean trash rack is not to exceed 2.5 feet per second under the full range of stage and discharge. Velocity is to be computed on the basis of the net area of opening through the rack; and

(d)

The trash rack shall be constructed of rigid, durable, and corrosion-resistant material and designed to withstand a perpendicular live loading of 300 pounds per square foot.

An overflow grate is designed to prevent obstruction of the overflow structure. If an outlet structure has an overflow grate, such grate shall meet the following requirements:

(a)

The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.

(b)

The overflow grate spacing shall be no less than two inches across the smallest dimension.

(c)

The overflow grate shall be constructed and installed to be rigid, durable, and corrosion resistant and shall be designed to withstand a perpendicular live loading of 300 pounds per square foot.

Stormwater management BMPs shall include escape provisions as follows:

(a)

If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to § 30-24.8c, a freestanding outlet structure may be exempted from this requirement;

(b)

Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four feet to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See § 30-24.8e for an illustration of safety ledges in a stormwater management BMP; and

(c)

In new stormwater management BMPs, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than three horizontal to one vertical.

Variance or exemption from safety standard. A variance or exemption from the safety standards for stormwater management BMPs may be granted only upon a written finding by the municipality that the variance or exemption will not constitute a threat to public safety.

Safety ledge illustration.

Elevation View - Basin Safety Ledge Configuration

§ 30-24.9 Requirements for a site development stormwater plan.

Submission of site development stormwater plan.

Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at § 30-24.9c below as part of the submission of the application for approval.

The applicant shall demonstrate that the project meets the standards set forth in this section.

The applicant shall submit to the approving municipal authority the required number of copies of the materials listed in the Checklist for Site Development Stormwater Plans in accordance with § 30-24.9c of this section.

Site development stormwater plan approval. The applicant's site development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this section.

Submission of site development stormwater plan. The following information shall be required:

Topographic base map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of one inch equals 200 feet or greater, showing two-foot contour intervals. The map, as appropriate, may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and floodplains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and man-made features not otherwise shown.

Environmental site analysis. A written and graphic description of the natural and man-made features of the site and its surroundings should be submitted. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.

Project description and site plans. A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations will occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification for proposed changes in natural conditions shall also be provided.

Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of §§ 30-24.3 through 30-24.4 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.

Stormwater management facilities map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:

(a)

Total area to be disturbed, paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.

(b)

Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention and emergency spillway provisions with maximum discharge capacity of each spillway.

Calculations.

(a)

Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in § 30-24.4 of this section.

(b)

When the proposed stormwater management control measures depend on the hydrologic properties of soils or require certain separation from the seasonal high-water table, then a soils report shall be submitted. The soils report shall be based on on-site boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soils present at the location of the control measure.

Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of § 30-24.10.

Waiver from submission requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in § 30-24.9c1 through 6 of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.

§ 30-24.10 Maintenance and repair.

Applicability. Projects subject to review as in § 30-24.1c of this section shall comply with the requirements of § 30-24.10b and c.

General maintenance.

The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.

The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.

If the maintenance plan identifies a person other than the property owner (for example, a developer, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's or entity's agreement to assume this responsibility, or of the owner's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation.

Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project. The individual property owner may be assigned incidental tasks, such as weeding of a green infrastructure BMP, provided the individual agrees to assume these tasks; however, the individual cannot be legally responsible for all of the maintenance required.

If the party responsible for maintenance identified under § 30-24.10b3 above is not a public agency, the maintenance plan and any future revisions based on § 30-24.10b7 below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.

Preventative and corrective maintenance shall be performed to maintain the functional parameters (storage volume, infiltration rates, inflow/outflow capacity, etc.) of the stormwater management measure, including, but not limited to, repairs or replacement to the structure; removal of sediment, debris, or trash; restoration of er7.oded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of nonvegetated linings.

The party responsible for maintenance identified under § 30-24.10b3 above shall perform all of the following requirements:

(a)

Maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders;

(b)

Evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed; and

(c)

Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by § 30-24.10b6 and 7 above.

The requirements of § 30-24.10b3 and 4 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.

In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance or repair, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have 14 days to effect maintenance and repair of the facility in a manner that is approved by the Municipal Engineer or his designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the municipality or county may immediately proceed to do so and shall bill the cost thereof to the responsible person. Nonpayment of such bill may result in a lien on the property.

Nothing in this subsection shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.

The maintenance plan shall provide a specific municipal right of access for inspection of stormwater management measures and inspection of any maintenance or repair required under § 30-24.10b9.

§ 30-24.11 Violations and penalties.

Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this section shall be subject to the penalties set forth in the general penalty provision (§ 1-5) of the Code of the Township of Union, for each violation. After a person who engages in such violations of this section is notified of the violation, each day that the violation continues may, in the discretion of the court, be treated as a separate and distinct violation hereof.

§ 30-24.12 Severability.

Each section, subsection, sentence, clause and phrase of this section is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this section to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this section.

§ 30-24.13 When effective.

Following enactment of this section by the Township Committee, it shall be transmitted to the Hunterdon County Planning Board for approval. This section shall take effect immediately upon approval by the Hunterdon County Planning Board, or upon the expiration of 60 days after the Ordinance is submitted to the Hunterdon County Planning Board for approval, whichever date is sooner.

§ 30-25 SOIL EROSION AND SEDIMENT CONTROL.

§ 30-25.1 Purpose.

[Ord. No. 85-9, § 2500]

The purpose of this section is to control soil erosion and sedimentation precipitated by development and caused by water runoff, soil disturbances, destruction, or removal of ground cover or plant life, and grading and filling. This section is deemed essential and necessary to protect the health, safety, and welfare of the citizens of the Township by accomplishing the following purposes:

Maintain the useful life of reservoirs by preventing sedimentation;

Prevent dangers to life and property from flooding resulting from excessive water runoff and clogging of drainage structures.

Preserve the recreational use of water bodies for swimming and fishing by preventing stagnation;

Enhance the recycling of waste water by maintaining sufficient flows in streams and rivers to maintain oxygen levels.

Prevent toxic materials, nitrates, and pesticides from entering public water supplies.

Reduce public expenditures for repair of public facilities resulting from soil erosion and sedimentation.

§ 30-25.2 Administration.

[Ord. No. 85-9, § 2501]

Applicability. A soil erosion and sediment control plan shall be reviewed and certified by the Township Engineer and approved by the Planning Board for any project causing a soil disturbance of more than 5,000 square feet in the surface area of land for the accommodation of construction for which the Standard Building Code of New Jersey would require a building permit. Such approval shall be granted prior to sketch plan approval for minor subdivisions, prior to preliminary plat approval for a major subdivision, or prior to site plan approval, by the Planning Board or Board of Adjustment, or prior to the issuance of a building permit by the Township Construction Official. Any project causing a soil disturbance, regardless of the area disturbed, whether or not a building permit is required, may be reviewed by the Township Engineer for the applicability of this section, if there exists a potential danger of soil erosion and sedimentation caused by the project.

Exemptions. The following activities are specifically exempt from this section except as noted in the subsections above.

Land disturbance associated with the construction of a single-family dwelling unit unless such unit is a part of a proposed subdivisions, site plan, zoning variance, or building permit application involving two or more such single family dwelling units.

Land disturbance of 5,000 square feet or less of the surface area of land for the accommodation of construction for which the Standard Building Code of the State of New Jersey would require a building permit.

Use of land for gardening primarily for home consumption.

Percolation tests and/or soil borings.

Review and Approval. Erosion and sediment control plans shall be reviewed and certified by the Township Engineer and approved by the Planning Board when in conformance with the Standards for Soil Erosion and Sediment Control in New Jersey as promulgated by the State Soil Conservation Committee.

The applicant shall be provided with written notice that:

The plan was approved; or

The plan was approved subject to the attached conditions; or,

The plan was denied approval with the reasons for denial stated therein.

The Planning Board shall either approve or disapprove the soil erosion and sediment control plan within a period of 30 days unless, by mutual agreement in writing between the applicant and the municipality this period is extended for an additional 30 days. Failure of the Township to make a decision within such period or such extension thereof shall constitute certification.

A copy of such decision including name of applicant, site location by street address, block and lot number, and proposed land use shall be sent to the Hunterdon County Soil Conservation District. The municipality shall also make available such other information as may be required by the district.

Revisions. Minor revisions to a soil erosion and sediment control plan may be approved by the Township Engineer who shall notify the Planning Board, Board of Adjustment, and Construction Official of the nature and reason for the change. Major revisions shall be resubmitted to the original approving agency.

Data Required. The applicant shall submit a soil erosion and sediment control plan prepared by a professional engineer licensed in the State of New Jersey, except in instances where the preparation of a plan does not include or require the practice of engineering as defined in the N.J.S.A. Title 45:8 and shall contain:

Location and description of existing natural and man-made features on and surrounding the site including general topography and soil characteristics and a copy of the soil conservation district soil survey.

Location and description of proposed changes to the site including contours and spot elevation showing existing and post construction conditions.

Measures for soil erosion and sediment control.

A schedule for the sequence of installation of planned erosion and sediment control measures as related to the progress of the project including anticipated starting and completion dates.

All proposed revisions of data required shall be submitted for approval.

Descriptions of means for maintenance of erosion and sediment control measures and facilities during and after construction.

§ 30-25.3 Standards.

[Ord. No. 85-9, § 2502]

General Standards. The following general principles of design shall be adhered to, in accordance with the Standards for New Jersey Soil Erosion and Sediment Control:

The smallest practical area of land shall be exposed at any one time during development and when feasible, natural vegetation and existing trees shall be retained and protected.

Temporary plant cover or mulching shall be used to protect critical erosion areas during construction or other disturbance.

Temporary diversions and outlets shall be constructed or installed to accommodate the increased runoff caused by the changed soil and surface conditions during development.

Sediment shall be retained on the site to the maximum extent feasible.

Sediment basins, debris basins, desilting basins, silt traps, or similar structures shall be installed prior to any on-site grading or disturbance.

Permanent final plant cover, such as lawn or ground cover, shall be installed as quickly as possible on any site but must be installed within 90 days.

Permanent improvements, such as roads, catch basins and curbs shall be installed or constructed and completed as quickly as possible.

Detailed Standards. The detailed plans, specifications and standards in any soil erosion and sedimentation control plan shall be dictated by the characteristics of the site to be developed and the nature of the development. All such plans shall utilize the standards and specifications set forth in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey.

§ 30-25.4 Implementation.

[Ord. No. 85-9, § 2503]

Approving Agency. The Planning Board, Board of Adjustment, or Construction Official shall require the construction or installation of improvements or such other measures necessary to prevent soil erosion and sedimentation prior to any site development work or the start of construction.

Bonding. Improvements or such other measures on an approved soil erosion and sedimentation control plan which may be required subsequent to the start of construction or site development work may be deferred until such appropriate time as required. The Planning Board, Board of Adjustment, or Construction Official may provide for the posting of performance guarantees and maintenance bonds in the same manner as provided in the subdivision regulations of Union Township.

Maintenance. All necessary soil erosion and sediment control measures installed under this section, shall be adequately maintained for one year after completion of the approved plan or until such measures are permanently stabilized as determined by the Township Engineer, whichever is longer. The Township Engineer shall give the applicant upon request a certificate indicating the date on which the measures called for in the approved plan were completed.

§ 30-25.5 Enforcement.

[Ord. No. 85-9, § 2504]

The following procedures shall apply with respect to the enforcement of this section:

Regular inspection of projects to determine execution in accordance with the certified plan shall be carried out by the Township Engineer.

The applicant shall be required to have the certified plan on site during construction.

The Township Engineer shall determine at each inspection whether or not the provisions of the certified plan are being followed by the applicant.

The Township Engineer shall inform the applicant in writing of observed deviation from the certified plan and request immediate compliance with the plan.

The Township Engineer may issue a stop-construction order if the applicant fails to comply with the provisions of the certified plan.

When a stop construction order is issued, no further construction activity may take place until the applicant is in compliance with all provisions of the certified plan.

The Township shall not issue a certificate of occupancy unless there has been compliance with the provisions of the certified plan for permanent measures. The Township Engineer shall provide the Planning Board, Construction Official or Zoning Officer and the Hunterdon County Soil Conservation District with a report of compliance upon completion of the project.

§ 30-25.6 Penalties.

[Ord. No. 85-9, § 2505]

If any person violates the provisions of this section, any standards promulgated pursuant to the provisions of this section, or fails to comply with the provisions of the certified plan, the Township may institute a civil action in the Superior Court for injunctive relief to prohibit and prevent such violation or violations and the Court may proceed in a summary manner. The person will be liable to a penalty of not less than $25 and not more than $3,000 to be collected in a summary proceeding pursuant to the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et seq.). The Superior Court, County Court, County District Court and Municipal Court shall have jurisdiction to enforce such Penalty Enforcement Law. If the violation is of a continuing nature, each day during which it continues shall constitute an additional separate and distinct offense.

§ 30-26 CHECKLISTS.

[Ord. No. 90-8, § 1; Ord. No. 98-7, § IV; Ord. No. 99-14, § 15; Ord. No. 2001-2, § 4; Ord. No. 2001-6, § 2; Ord. No. 2003-4, § III; Ord. No. 2004-9, § I]

An applicant shall not be considered completed until all the material and information specified below has been submitted unless, upon receipt of written request from the applicant, a specific requirement is waived by the Planning Board and Board of Adjustment.

Schedule "A" - General Requirements. The following general requirements are applicable to all submissions.

Twenty-seven copies of the appropriate application form(s), completely filled in. If any item is not applicable to the applicant, it should so be indicated on the application form(s).

Certification from the Tax Collector that all taxes are paid and assessments on the property are paid.

Receipt indicating that all fees are paid.

Name and address of owner.

Affidavit of Ownership. If applicant is not the owner, state the applicant's interest in the land and consent of owner to file application.

If a corporation or partnership, list the names and address of all stockholders or individual partnership owning at least 10% of its stock of any class as required by N.J.S.A. 40:55D-48.1 et seq.

Two original signed and sealed copies and one electronic copy of any required plot plan, site plan, or subdivision plan (specific instructions regarding the required electronic format(s) shall be provided by the Board Secretary). Additional copies of the plot plan, site plan, or subdivision plan shall be provided by the applicant as follows:

[Amended 12-16-2020 by Ord. No. 2020-11]

(a)

One paper copy and one electronic copy to the Board Engineer.

(b)

One paper copy and one electronic copy to the Board Planner.

(c)

One paper copy and one electronic copy to the Board Attorney.

(d)

Such additional paper copies and/or electronic copies of the plan(s) as may be requested by the Board Secretary.

(e)

The Board Secretary shall distribute electronic copies to the Zoning Officer, the Secretary of the Union Township Environmental Commission and to each Board member.

Number of witnesses and their expertise, if any.

Statement as to any requirements for which waiver is sought, together with a statement of reasons why waivers should be granted.

10.

A completed checklist.

Schedule "B". Schedule "B" is applicable to minor and major subdivisions, preliminary and final site plans, and preliminary and final major subdivisions.

		Minor Site Plan	Minor Sub.	Prelim. Site Plan	Prelim. Major Sub.	Final Site Plan	Final Major Sub.
PLAT SPECIFICATIONS
1.	Plat clearly and legibly drawn or reproduced at a scale not smaller than 1 inch equals 100 feet	X	X	X	X	X	X
2.	All documents must be signed and sealed by appropriate NJ licensed professional person	X	X	X	X	X	X
3.	Plat prepared to scale based on deed description or other reasonable accurate data for the purpose of review and discussion by the Planning Board	X	X	X	X	X	X
GENERAL INFORMATION
4.	Metes and bounds description of parcel in question based upon current onsite land survey information showing the date the survey was performed	X	X	X	X	X	X
5.	Property line shown in bearings and distances. Bearings to be in degrees, minutes and seconds. Curves to have arc length, radius chord bearings and distances	X	X	X	X	X	X
6.	Key map, based on tax map, showing location of tract to be considered in relation to surrounding area, within 1,000 feet	X	X	X	X	X	X
7.	Title block containing name and address of applicant, preparer and preparer's seal, lot and block numbers, date prepared, date of last revision, and zoning district. Title block must comply with Title 46 (Map Filing Law)	X	X	X	X	X	X
8.	Each block and lot numbered in conformity with the municipal tax map as determined by the municipal tax assessor	X	X	X	X	X	X
9.	Scale of map, both written and graphic	X	X	X	X	X	X
10.	North arrow giving the basis of the bearing reference	X	X	X	X	X	X
11.	Space for signatures of Chairman and Secretary of the Planning Board	X	X	X	X	X	X
12.	Names and addresses of all property owners within 200 feet of subject property	X	X	X	X	X	X
13.	Location of existing and proposed property lines with dimensions in feet to the nearest hundredth	X	X	X	X	X	X
14.	Acreage of affected parcel to the nearest hundredth of an acre	X	X	X	X	X	X
15.	Zoning district in which parcel is located, indicating all setbacks, height, and floor area ratio, both as to required and proposed indicate the above both written and graphically	X	X	X	X	X	X
16.	Performance standards if applicable, such as impervious surface ratio, open space ratio, and density	X	X	X	X	X	X
17.	Number of lots resulting from a subdivision including areas in acres if 1 acre or over or in square feet if under 1 acre		X		X		X
18.	Site capacity calculations	X	X	X	X	X	X
NATURAL FEATURES
Applicant should refer to Township NRI or provide most recent mapping available from Hunterdon County Geographic Information System (GIS) or NJ Department of Environmental Protection GIS
19.	Aerial (satellite) photo using NJDEP 2002 imagery	X	X	X	X
20.	Topography of the site and within 200 feet thereof	X	X	X	X
21.	Steep Slopes (Twp. NRI)	X	X	X	X
22.	Contours in intervals of 2 feet up to 10% grade and 5 feet over 10% grade	X	X	X	X
23.	Bedrock Geology (Twp. NRI)	X	X	X	X
24.	Surficial geology (Twp. NRI)	X	X	X	X
25.	Floodplains	X	X	X	X	X	X
26.	Wetlands (Using Twp. NRI if no LOI submitted)	X	X	X	X	X	X
27.	Natural and artificial water-courses, water; bodies and encroachment lines	X	X	X	X	X	X
28.	C-1 Category Streams and 300-foot buffers	X	X	X	X	X	X
29.	Wooded areas including predominant association and size	X	X	X	X	X	X
30.	Location of trees 10 inches in diameter, as measured 4 feet above ground level, outside of wooded areas, designing species of each	X	X	X	X	X	X
31.	Soil types as shown by the current Soil Conservation Service Survey Maps. (or using Twp. NRI)	X	X	X	X	X	X
32.	Agricultural Soils (Twp. NRI)	X	X	X	X	X	X
33.	Erodible Soils (Twp. NRI)	X	X	X	X	X	X
34.	Aquifers and Community Wells (Twp. NRI)	X	X	X	X	X	X
35.	Septic Suitability (Twp. NRI)	X	X	X	X	X	X
36.	Natural Heritage Database & NJ Landscape Data (Twp. NRI)	X	X	X	X
37.	Areas in which construction is precluded due to the presence of natural resource restrictions	X	X	X	X
38.	All areas to be disturbed by grading or construction	X	X	X	X
man-made FEATURES ON SITE AND WITHIN 200 FEET THEREOF
39.	Location of existing structures and their setbacks from existing and proposed property lines	X	X	X	X	X	X
40.	Location of existing easements or rights-of-way including power lines	X	X	X	X	X	X
41.	Location of existing railroads, bridges, culverts, drainpipes, water and sewer mains, and other man-made installations affecting the tract	X	X	X	X	X	X
42.	Location of existing wells and septic systems	X	X	X	X
43.	Location, results, and date of all percolation tests and soil logs for each lot	X	X	X	X
44.	Plans and profiles of proposed streets			X	X	X	X
45.	Plans and profiles of proposed utility layouts, such as sewers, storm drains, water, gas and electric, showing feasible connections to existing or proposed utility systems			X	X	X	X
46.	Location and description of monuments whether set or to be set of all corners found, set, to be set, and specific type (i.e. Rebar, iron pipe, railroad spike, p.k. nail, etc.)	X	X			X	X
47.	Location, names and widths of all existing and proposed streets on the property and within 200 feet of the tract	X	X	X	X	X	X
48.	Required road dedication	X	X	X	X	X	X
49.	Sketch of prospective future street system of the entire tract where a preliminary plat covers only a portion thereof			X	X
MISCELLANEOUS
50.	Proposed sight easements where required	X	X	X	X	X	X
51.	Proposed drainage easements where required	X	X	X	X	X	X
52.	Soil Erosion and Sediment Control Plan in accordance with § 30-25 et seq. of this chapter	X	X	X	X
53.	Stormwater Management Plan in accordance with § 30-24 et seq. of this chapter	X	X	X	X
54.	Landscaping plan including the types, quantity, size, and location of all proposed vegetation, along with planting specifications. The scientific and common name of all vegetation shall be included. Landscaping plan to be prepared by a certified landscape architect	X	X	X	X	X	X
55.	Impact Statement in accordance with § 30-7.9 of this chapter	X	X	X	X	X	X
56.	Copies of covenants and deed restrictions, if any, existing rights-of-way or easements including easements by use	X	X	X	X	X	X
57.	The purpose of any proposed easement of land reserved or dedicated to public or common use shall be designated	X	X	X	X	X	X
58.	Any sections for which a waiver is specifically requested and a narrative paragraph explaining why the applicant is entitled to such waiver	X	X	X	X	X	X
59.	A letter of interpretation regarding wetlands from the New Jersey Department of Environmental Protection	X	X	X	X	X	X
60.	As-built plans				X	X
61.	Aquifer Test and Analysis	X	X	X	X
62.	Carbonate Area District Investigations	X	X	X	X

Schedule "C". Schedule "C" is applicable to applications made under paragraphs a., b., c., and d. of N.J.S.A. 40:55D-70 and applications for conditional uses and planning variances and is applicable regardless of which Board the application is made to.

		"A" Appeal	"B" Interpretation or Special Question	"C" Variance	"D" Variance	Conditional Use	Planning Variance
PLAT SPECIFICATIONS
1.	Plat clearly and legibly drawn or reproduced at a scale not smaller than 1 inch equals 100 feet			X	X	X	X
2.	All documents must be signed and sealed by appropriate NJ licensed professional person			X	X	X	X
GENERAL INFORMATION
3.	Plat prepared to scale based on deed description or other reasonable accurate data for the purpose of review and discussion by the Planning Board			X	X	X	X
4.	Metes and bounds description of parcel in question based upon current onsite land survey information, showing date survey was performed			X	X	X	X
5.	Property line shown in bearings and distances. Bearings to be in degree, minutes, and seconds. Curves to have are length, radius chord bearings and distances			X	X	X	X
6.	Key map, based on tax map, showing location of tract to be considered in relation to surrounding areas within 1,000 feet			X	X	X	X
7.	Title block containing name and address of applicant, preparer and preparer's seal, lot and block numbers, date prepared, date of last revision, and zoning district. Title block must comply with Title 46 (Map Filing Law)			X	X	X	X
8.	Each block and lot numbered in conformity with the municipal tax map as determined by the municipal tax assessor			X	X	X	X
9.	Scale of map, both written and graphic			X	X	X	X
10.	North arrow giving the basis of the bearing reference			X	X	X	X
11.	Space for signature of Chairman and Secretary of the Planning Board			X	X	X	X
12.	Names and addresses of all property owners within 200 feet of subject property	X	X	X	X	X	X
13.	Location of existing and proposed property lines with dimensions in feet to the nearest hundredth			X	X	X	X
14.	Acreage of affected parcel to the nearest hundredth of an acre			X	X	X	X
15.	Zoning district in which parcel is located, indicating all setbacks, height, and floor area ratio, both as to required and proposed. Indicate the above both written and graphically			X	X	X	X
16.	Performance standards, if applicable, such as impervious surface ratio, open space ratio, and density			X	X	X	X
17.	Number of lots resulting from a subdivision including areas in acres if 1 acre or over or in square feet if under 1 acre			X	X	X	X
18.	Site capacity calculations			X	X	X	X
NATURAL FEATURES
19.	Aerial (satellite) Photo using NJDEP 2002 imagery			X	X
20.	Topography of the site and within 200 feet thereof					X	X
21.	Steep slopes (Twp. NRI)			X	X	X	X
22.	Contours in intervals of 2 feet up to 10% grade and 5 feet over 10% grade					X	X
23.	Bedrock Geology (Twp. NRI)			X	X	X	X
24.	Surficial geology (Twp. NRI)			X	X	X	X
25.	Floodplains					X	X
26.	Wetlands (Using Twp. NRI if no LOI submitted)					X	X
27.	Natural and artificial watercourses, waterbodies, and encroachment lines					X	X
28.	C-1 Category Streams and 300-foot buffers			X	X	X	X
29.	Wooded areas including predominant association and size					X	X
30.	Location of trees 10 inches in diameter, as measured 4 feet above ground level, outside of wooded areas, designating species of each					X	X
31.	Soil types as shown by the current Soil Conservation Service Survey maps (or using Twp. NRI)					X	X
32.	Agricultural soils (Twp. NRI)			X	X	X	X
33.	Erodible soils (Twp. NRI)			X	X	X	X
34.	Aquifers and Community Wells (Twp. NRI)			X	X	X	X
35.	Septic Suitability (Twp. NRI)			X	X	X	X
36.	Natural Heritage Database & NJ Landscape Data (Twp. NRI)			X	X	X	X
37.	Areas in which construction is precluded due to the presence of natural resource restrictions					X	X
38.	All areas to be disturbed by grading or construction					X	X
39.	Location of existing structures and their setbacks from existing and proposed property lines		X			X	X
40.	Location of existing easements or rights-of-way including power lines		X			X	X
41.	Location of existing railroads, bridges, culverts, drainpipes, water and sewer mains, and other man-made installations affecting the tract			X		X	X
42.	Location of existing wells and septic systems			X		X	X
43.	Location, results, and date of all percolation tests and soil logs for each lot			X	X	X	X
44.	Plans and profiles of proposed streets			X		X	X
45.	Plans and profiles of proposed utility layouts, such as sewers, storm drains, water, gas and electric, showing feasible connections to existing or proposed utility systems			X		X	X
46.	Location and description of monuments whether set or to be set of all corners found, set, to be set, and specific type (i.e. Rebar, iron pipe, railroad spike, p.k. nail, etc.)			X		X	X
47.	Location, names, and widths of all existing and proposed streets on the property and within 200 feet of the tract			X		X	X
48.	Required road dedication.			X		X	X
49.	Sketch of prospective future street system of the entire tract where a preliminary plat covers only a portion thereof.			X		X	X
MISCELLANEOUS
50.	Proposed site easements where required					X	X
51.	Proposed drainage easements where required					X	X
52.	Soil Erosion and Sediment Control Plan in accordance with § 30-25 of this chapter					X	X
53.	Stormwater Management Plan in accordance with § 30-24 et seq. of this chapter					X	X
54.	Landscaping plan including the types, quantity, size, and location of all proposed vegetation, along with planting specifications. The scientific and common name of all vegetation shall be included. Landscape plan to be prepared by a certified landscape architect	X	X	X	X	X	X
55.	Impact Statement in accordance with § 30-7.9 of this chapter	X	X	X	X	X	X
56.	Copies of covenants and deed restrictions, if any, existing rights-of-way or easements including easements by use	X	X	X	X	X	X
57.	The purpose of any proposed easement of land reserved or dedicated to public or common use shall be designated	X	X	X	X	X	X
58.	Any sections for which a waiver is specifically requested and a narrative paragraph explaining why the applicant is entitled to such waivers	X	X	X	X	X	X
59.	A letter of interpretation regarding wetlands from the New Jersey Department of Environmental Protection, as applicable	X	X	X	X	X	X
60.	As-built plans					X	X
61.	Aquifer Test and Analysis			X	X	X	X
62.	Carbonate Area District Investigations			X	X	X	X

Schedule "D". For site plans involving new wireless telecommunications antenna towers, the following additional information shall also be provided:

The applicant must demonstrate that the facility owner(s) is(are) capable of ensuring continued site safety, timely maintenance and compliance with all applicable local, State and Federal regulations.

Calculations of expected radio-frequency emission levels at the nearest structure in each direction from the proposed facility shall be provided.

A report shall be submitted provided the technical justifications for the design and location of any proposed antenna(s) and tower(s) consistent with § 30-5.5f5. Such report shall also include documentation of the structural integrity of all proposed installations and their compliance with applicable minimum safety requirements and margins as well as a description of the general capacity of the facility of the number and type of antennas it can support.

A proposed landscaping plan demonstrating satisfaction of the requirements of § 30-5.5f5.

A proposed lighting plan demonstrating satisfaction of the requirements of § 30-5.5f5.

Proof of ownership of the proposed site or of authorization to utilize it in the form of a lease agreement or contract of sale including any existing or proposed easements.

In the case of a new tower, a letter of commitment stating the intent and capacity of lease tower and equipment space to other users, including direct competitors, at prevailing rates and standard terms in compliance with the co-location requirements of § 30-5.5f5. Such letter shall commit the tower owner and successors in interest and shall be recorded prior to the issuance of a construction permit.

A visual impact study:

(a)

Indicating the topography of the selected site relative to the surrounding areas.

(b)

Presenting elevations of the proposed new tower, or elevations of the existing building or structure on which an antenna or antenna array is proposed to be mounted, and elevations of all proposed accessory building(s) depicting all proposed antennas, platforms, finish materials, and other accessory equipment; and

(c)

Identifying locations within a three-mile radius of the site from which any proposed new tower will be visible;

(d)

A noise impact analysis including measurements of existing sound levels at property lines and projections of the anticipated sound levels after the proposed installation;

(e)

A historic impact analysis evaluating the effect of views of the proposed new tower on existing historic resources within the Township of Union and indicating compliance with any applicable requirements of the National Register of Historic Places Act, 16 U.S.C.A. 470, as amended, and the Regulations adopted pursuant thereto.

Completeness. Upon the applicant submitting the appropriate checklist and accompanying information, the Planning Board or Board of Adjustment, as the case may be, shall officially determine whether the application is complete or incomplete. The following forms shall be used:

Township of Union

Certification of Complete Application

TO:

TAKE NOTICE that on the _____ day of ____________, 19_____, your application to the

( ) Planning Board

( ) Zoning Board of Adjustment

was reviewed in accordance with the rules of said Board and the applicable ordinances of the Township and it was thereupon determined that all checklist items are in order and said application is complete. The time within which said Board must act on said application pursuant to N.J.S.A. 40:55D-1 et seq., has commenced to run from said date.

Secretary, Union Township Planning Board

Township of Union Notification of Incomplete Application


TAKE NOTICE that on the _____ day of _________, 19_____, your application to the
( ) Planning Board
( ) Zoning Board of Adjustment
was reviewed in accordance with the rules of the Board and the applicable ordinances of the Township and it was thereupon determined that all checklist items are not in order and the application is incomplete. Please submit the following checklist items as soon as possible so that the Board may again review your application for completeness.




	Secretary, Union Township Planning Board

§ 30-27 DEVELOPMENT FEES FOR AFFORDABLE HOUSING.

Prior ordinance history: Ordinance No. 94-8, 98-8, 2000-10, 2003-18, 2005-3, 2005-14.

§ 30-27.1 Purpose.

[Ord. No. 2014-2 § 1]

In Holmdel Builder's Association V. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985 (the Act), N.J.S.A. 52:27d-301 et seq., and the State Constitution, subject to the Council on Affordable Housing's (COAH's) adoption of rules.

COAH was authorized by c.46 Section 8 (N.J.S.A. 52:27D-329.2) and the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 8.7), to adopt and promulgate regulations necessary for the establishment, implementation, review, monitoring and enforcement of municipal affordable housing trust funds and corresponding spending plans. Municipalities that are under the jurisdiction of the Council or court of competent jurisdiction and have a COAH- or court-approved spending plan may retain fees collected from nonresidential development.

[Amended 12-19-2018 by Ord. No. 2018-13]

In Re: Adoption of N.J.A.C. 5:96 and 5:97[1] by the New Jersey Council on Affordable Housing. 221 N.J. 1 (2015), also known as the Mount Laurel IV decision, the Supreme Court remanded COAH's duties to the Superior Court. As a result, affordable housing development fee collections and expenditures from the municipal affordable housing trust funds to implement municipal Third Round Fair Share Plans through July 1, 2025, are under the Court's jurisdiction and are subject to approval by the Court.

[Amended 12-19-2018 by Ord. No. 2018-13]

[1]

Editor's Note: Sections 5:96 and 97 of the New Jersey Administrative Code are currently reserved.

This section establishes standards for the collection, maintenance, and expenditure of development fees pursuant to COAH's regulations and in accordance P.L. 2008, c.46, Sections 8 and 32-38.[2] Fees collected pursuant to this section shall be used for the sole purpose of providing low- and moderate-income housing. This section shall be interpreted within the framework of COAH's rules on development fees, codified at N.J.A.C. 5:93-8.[3]

[Added 12-19-2018 by Ord. No. 2018-13]

[2]

Editor's Note: See N.J.S.A. 52:27D-329.2 and N.J.S.A. 40:55D-8.1 through 40:55D-8.7, respectively.

[3]

Editor's Note: The provisions of N.J.A.C. 5:93-1.1 et seq. expired 10-16-2016.

§ 30-27.2 Basic Requirements.

[Ord. No. 2014-2 § 2; amended 12-19-2018 by Ord. No. 2018-13]

This section shall become effective at such time that the Superior Court approves the Township's development fee ordinance in accordance with N.J.A.C. 5:93.8.[1]

[1]

Editor's Note: The provisions of N.J.A.C. 5:93-1.1 et seq. expired 10-16-2016.

Union Township shall adopt and obtain Court approval of a Spending Plan that shall be part of the Township's Amended Third Round Spending Plan. The Township shall not spend development fees until COAH has approved a plan for spending such fees in conformance with N.J.A.C. 5:93-8.[2]

[2]

Editor's Note: The provisions of N.J.A.C. 5:93-1.1 et seq. expired 10-16-2016.

§ 30-27.3 Definitions.

[Ord. No. 2014-2 § 3]

The following terms, as used in this section, shall have the following meanings:

AFFORDABLE HOUSING DEVELOPMENT

Shall mean a development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100% affordable development.

COAH OR THE COUNCIL

Shall mean the New Jersey Council on Affordable Housing, which is in, but not of, the Department of Community Affairs of the State of New Jersey, that was established under the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).

[Amended 12-19-2018 by Ord. No. 2018-13]

DEVELOPER

Shall mean the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.

DEVELOPMENT FEE

Shall mean money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:97-8.3.

EQUALIZED ASSESSED VALUE

Shall mean the assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with sections 1, 5, and 6 of P.L.1973, c. 123 (C. 54:1-35a through c).

GREEN BUILDING STRATEGIES

Shall mean those strategies that minimize the impact of development on the environment, and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.

§ 30-27.4 Residential Development Fees.

[Ord. No. 2014-2 § 4]

Imposed Fees.

Within all zoning districts, residential developers, except for developers of the types of development specifically exempted below, shall pay a fee of 1.5% of the equalized assessed value for residential development provided no increased density is permitted.

When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5) (known as a "d" variance) has been permitted, developers shall be required to pay a development fee of 6% of the equalized assessed value for each additional unit that may be realized. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application.

Example: If an approval allows four units to be constructed on a site that was zoned for two units, the fees could equal 1/2% of the equalized assessed value on the first two units; and the specified higher percentage up to 6% of the equalized assessed value for the two additional units, provided zoning on the site has not changed during the two-year period preceding the filing of such a variance application.

Eligible Exactions, Ineligible Exactions and Exemptions for Residential Development.

Affordable housing developments, developments where the developer is providing for the construction of affordable units elsewhere in the municipality, and developments where the developer has made a payment in lieu of on-site construction of affordable units shall be exempt from development fees.

Developments that have received preliminary or final site plan approval prior to the adoption of a municipal development fee ordinance shall be exempt from development fees, unless the developer seeks a substantial change in the approval. Where a site plan approval does not apply, a zoning and/or building permit shall be synonymous with preliminary or final site plan approval for this purpose. The fee percentage shall be vested on the date that the building permit is issued.

Owner-occupied residential structures demolished and replaced as a result of a fire, flood, or natural disaster shall be exempt from paying a development fee.

Development fees shall be imposed and collected when an existing structure undergoes a change to a more intense use, is demolished and replaced, or is expanded, if the expansion is not otherwise exempt from the development fee requirement. The development fee shall be calculated on the increase in the equalized assessed value of the improved structure.

§ 30-27.5 Nonresidential Development Fees.

[Ord. No. 2014-2 § 5]

Imposed Fees.

Within all zoning districts, nonresidential developers, except for developers of the types of development specifically exempted, shall pay a fee equal to 2.5% of the equalized assessed value of the land and improvements, for all new nonresidential construction on an unimproved lot or lots.

Nonresidential developers, except for developers of the types of development specifically exempted, shall also pay a fee equal to 2.5% of the increase in equalized assessed value resulting from any additions to existing structures to be used for nonresidential purposes.

Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of 2.5% shall be calculated on the difference between the equalized assessed value of the preexisting land and improvement, at the time final certificate of occupancy is issued. If the calculation required under this section results in a negative number, the nonresidential development fee shall be zero.

Eligible Exactions, Ineligible Exactions and Exemptions for Nonresidential Development.

The nonresidential portion of a mixed-use inclusionary or market rate development shall be subject to the 2.5% development fee, unless otherwise exempted below.

The 2.5% fee shall not apply to an increase in equalized assessed value resulting from alterations, change in use within existing footprint, reconstruction, renovations and repairs.

Nonresidential developments shall be exempt from the payment of nonresidential development fees in accordance with the exemptions required pursuant to P.L.2008, c. 46, as specified in the Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption" Form. Any exemption claimed by a developer shall be substantiated by that developer.

A developer of a nonresidential development exempted from the nonresidential development fee pursuant to P.L.2008, c. 46 shall be subject to it at such time the basis for the exemption no longer applies, and shall make the payment of the non-residential development fee, in that event, within three years after that event or after the issuance of the final certificate of occupancy of the nonresidential development, whichever is later.

If a property which was exempted from the collection of a nonresidential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this section within 45 days of the termination of the property tax exemption. Unpaid nonresidential development fees under these circumstances may be enforceable by Union Township as a lien against the real property of the owner.

§ 30-27.6 Collection Procedures.

[Ord. No. 2014-2 § 6]

Upon the granting of a preliminary, final or other applicable approval, for a development, the applicable approving authority shall direct its staff to notify the Construction Official responsible for the issuance of a building permit.

For nonresidential developments only, the developer shall also be provided with a copy of Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption" to be completed as per the instructions provided. The developer of a nonresidential development shall complete Form N-RDF as per the instructions provided. The Construction Official shall verify the information submitted by the nonresidential developer as per the instructions provided in the Form N-RDF. The Tax Assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.

The Construction Official responsible for the issuance of a building permit shall notify the local Tax Assessor of the issuance of the first building permit for a development which is subject to a development fee.

Within 90 days of receipt of that notice, the Municipal Tax Assessor, based on the plans filed, shall provide an estimate of the equalized assessed value of the development.

The Construction Official responsible for the issuance of a final certificate of occupancy notifies the local Assessor of any and all requests for the scheduling of a final inspection on property which is subject to a development fee.

Within 10 business days of a request for the scheduling of a final inspection, the Municipal Assessor shall confirm or modify the previously estimated equalized assessed value of the improvements of the development; calculate the development fee; and thereafter notify the developer of the amount of the fee.

Should Union Township fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in subsection b. of section 37 of P.L. 2008, c. 46 (C. 40:55D-8.6).

50% of the development fee shall be collected at the time of issuance of the building permit. The remaining portion shall be collected at the issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at building permit and that determined at issuance of certificate of occupancy.

Appeal of Development Fees.

A developer may challenge residential development fees imposed by filing a challenge with the County Board of Taxation. Pending a review and determination by the Board, collected fees shall be placed in an interest bearing escrow account by Union Township. Appeals from a determination of the Board may be made to the tax court in accordance with the provisions of the State Tax Uniform Procedure Law, R.S.54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.

A developer may challenge nonresidential development fees imposed by filing a challenge with the Director of the Division of Taxation. Pending a review and determination by the Director, which shall be made within 45 days of receipt of the challenge, collected fees shall be placed in an interest bearing escrow account by Union Township. Appeals from a determination of the Director may be made to the tax court in accordance with the provisions of the State Tax Uniform Procedure Law, R.S.54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.

§ 30-27.7 Affordable Housing Trust Fund.

[Ord. No. 2014-2 § 7]

There is hereby created a separate, interest-bearing housing trust fund to be maintained by the Chief Financial Officer for the purpose of depositing development fees collected from residential and nonresidential developers and proceeds from the sale of units with extinguished controls.

The following additional funds shall be deposited in the Affordable Housing Trust Fund and shall at all times be identifiable by source and amount:

Payments in lieu of on-site construction of affordable units;

Developer contributed funds to make 10% of the adaptable entrances in a townhouse or other multistory attached development accessible;

Rental income from municipally operated units;

Repayments from affordable housing program loans;

Recapture funds;

Proceeds from the sale of affordable units; and

Any other funds collected in connection with Union Township's affordable housing program.

Within seven days from the opening of the trust fund account, Union Township shall provide COAH with written authorization, in the form of a three-party escrow agreement between the municipality, the bank, and COAH to permit COAH to direct the disbursement of the funds as provided for in N.J.A.C. 5:97-8.13(b).

All interest accrued in the Housing Trust Fund shall only be used on eligible affordable housing activities approved by COAH.

§ 30-27.8 Use of Funds.

[Ord. No. 2014-2 § 8]

The expenditure of all funds shall conform to a spending plan approved by the Court. Funds deposited in the Housing Trust Fund may be used for any activity approved by the Court to address the Union Township's fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to: preservation or purchase of housing for the purpose of maintaining or implementing affordability controls, rehabilitation, new construction of affordable housing units and related costs, accessory apartment, market to affordable, conversion of existing nonresidential buildings to create new affordable units, green building strategies designed to be cost saving and in accordance with accepted national or state standards, purchase of land for affordable housing, improvement of land to be used for affordable housing, extensions or improvements of roads and infrastructure to affordable housing sites, financial assistance designed to increase affordability, administration necessary for implementation of the Housing Element and Fair Share Plan, or any other activity as permitted pursuant to N.J.A.C. 5:93-8[1] and specified in the approved spending plan.

[Amended 12-19-2018 by Ord. No. 2018-13]

[1]

Editor's Note: The provisions of N.J.A.C. 5:93-1.1 et seq. expired 10-16-2016.

Funds shall not be expended to reimburse Union Township for past housing activities.

At least 30% of all development fees collected and interest earned shall be used to provide affordability assistance to low- and moderate-income households in affordable units included in the municipal Fair Share Plan. One-third of the affordability assistance portion of development fees collected shall be used to provide affordability assistance to those households earning 30% or less of median income by region.

Affordability assistance programs may include down payment assistance, security deposit assistance, low interest loans, rental assistance, assistance with homeowners association or condominium fees and special assessments, and assistance with emergency repairs.

Affordability assistance to households earning 30% or less of median income may include buying down the cost of low- or moderate- income units in the municipal Fair Share Plan to make them affordable to households earning 30% or less of median income.

Payments in lieu of constructing affordable units on site and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirement.

Union Township may contract with a private or public entity to administer any part of its Housing Element and Fair Share Plan, including the requirement for affordability assistance, in accordance with N.J.A.C. 5:93-8.16.[2]

[Amended 12-19-2018 by Ord. No. 2018-13]

[2]

Editor's Note: The provisions of N.J.A.C. 5:93-1.1 et seq. expired 10-16-2016.

No more than 20% of all revenues collected from development fees may be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultant fees necessary to develop or implement a new construction program, a Housing Element and Fair Share Plan, and/or an affirmative marketing program. In the case of a rehabilitation program, no more than 20% of the revenues collected from development fees shall be expended for such administrative expenses. Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with monitoring requirements set forth in the Court-approved December 22, 2017, executed Settlement Agreement with Fair Share Housing Center. Legal or other fees related to litigation opposing affordable housing sites or objecting to the Council's regulations and/or action are not eligible uses of the Affordable Housing Trust Fund.

[Amended 12-19-2018 by Ord. No. 2018-13]

§ 30-27.9 Monitoring.

[Ord. No. 2014-2 § 9; amended 12-19-2018 by Ord. No. 2018-13]

On the anniversary of the Judgement of Compliance and Repose for every year through 2025, Union shall provide annual reporting of trust fund activity to the New Jersey Department of Community Affairs ("DCA"), COAH, or Local Government Services ("LGS"), or other entity designated by the State of New Jersey, with a copy provided to Fair Share Housing Center and posted on the municipal website, using forms developed for this purpose by the DCA, COAH, or LGS. This reporting shall include an accounting of all housing trust fund activity, including the collection of development fees from nonresidential developers, payments in lieu of constructing affordable units on site, funds from the sale of units with extinguished controls, barrier-free escrow funds, rental income, repayments from affordable housing program loans, and any other funds collected in connection with Union's housing program, as well as to the expenditure of revenues and implementation of the plan approved by the Court.

§ 30-27.10 Ongoing Collection of Fees.

[Ord. No. 2014-2 § 10; amended 12-19-2018 by Ord. No. 2018-13]

The ability for Union Township to impose, collect and expend development fees shall expire with its substantive certification unless Union Township has filed an adopted Housing Element and Fair Share Plan with COAH, has petitioned for substantive certification, and has received COAH's approval of its development fee ordinance. If Union Township fails to renew its ability to impose and collect development fees prior to the expiration of substantive certification, it may be subject to forfeiture of any or all funds remaining within its municipal trust fund. Any funds so forfeited shall be deposited into the "New Jersey Affordable Housing Trust Fund" established pursuant to Section 20 of P.L. 1985, c.222 (N.J.S.A. 52:27D-320).

§ 30-28 FAIR SHARE AFFORDABLE HOUSING.

[Ord. No. 96-20, §§ I and II; amended 12-19-2018 by Ord. No. 2018-12; 4-17-2019 by Ord. No. 2019-3]

§ 30-28.1 Affordable housing obligation: general program purposes, procedures.

This section of the Township Code sets forth regulations regarding the low- and moderate-income housing units in the Township consistent with the provisions known as the "Substantive Rules of the New Jersey Council on Affordable Housing", N.J.A.C. 5:93 et seq.,[1] the Uniform Housing Affordability Controls ("UHAC"), N.J.A.C. 5:80-26.1 et seq., except where modified by the requirements for very-low-income housing as established in P.L. 2008, c.46 (the "Roberts Bill," codified at N.J.S.A. 52:27D-329.1) as reflected in the terms of a Settlement Agreement between the Township and Fair Share Housing Center ("FSHC") such that the statutory requirement to provide very-low-income units equal to 13% of affordable units approved and constructed after July 17, 2008, to be affordable to households at 30% of the regional median income, overrides the UHAC requirement that 10% of all low- and moderate-income units must be affordable at 35% of the regional median income, and the Township's constitutional obligation to provide a fair share of affordable housing for low- and moderate-income households.

[1]

Editor's Note: The provisions of N.J.A.C. 5:93-1.1 et seq. expired 10-16-2016.

This section is intended to assure that very-low-, low- and moderate-income units ("affordable units") are created with controls on affordability over time and that very-low-, low- and moderate-income households shall occupy these units. This section shall apply to all inclusionary developments and 100% affordable developments (including those funded with low-income housing tax credit financing) except where inconsistent with applicable law.

The Union Township Planning Board has adopted a Housing Element and Fair Share Plan pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-1 et seq. The Plan has also been endorsed by the Township Committee of the Township of Union. The Fair Share Plan describes the ways the Township shall address its fair share for low- and moderate-income housing as determined by the Superior Court and documented in the Housing Element.

This section implements and incorporates the Fair Share Plan and addresses the requirements of N.J.A.C. 5:93, as may be amended and supplemented.[2]

[2]

Editor's Note: The provisions of N.J.A.C. 5:93-1.1 et seq. expired 10-16-2016.

The Township shall file monitoring and status reports with Fair Share Housing Center ("FSHC") and place the reports on its municipal website. Any plan evaluation report of the Housing Element and Fair Share Plan and monitoring evaluation report prepared by the Special Master in accordance with N.J.A.C. 5:91 shall be available to the public at the Union Municipal Building, 140 Perryville Road, Hampton, New Jersey 08827.

On or about May 2 of each year through the end of the period of Third Round Judgment of Repose, the Township will provide annual reporting of the status of all affordable housing activity within the municipality through posting on the municipal website with a copy of such posting provided to all parties to the Township's Court-approved Settlement Agreements, using forms previously developed for this purpose by the Council on Affordable Housing or any other forms endorsed by the Special Master and FSHC.

The Fair Housing Act includes two provisions regarding action to be taken by the Township during the ten-year period of protection provided in the Township's Court-approved agreement with FSHC. The Township agrees to comply with those provisions as follows:

By July 1, 2020, the Township must prepare a midpoint realistic opportunity review, as required pursuant to N.J.S.A. 52:27D-313, which the Township will post on its municipal website, with a copy provided to FSHC, a status report as to its implementation of its Plan and an analysis of whether any unbuilt sites or unfulfilled mechanisms continue to present a realistic opportunity. Such posting shall invite any interested party to submit comments to the municipality, with a copy to FSHC, regarding whether any sites no longer present a realistic opportunity and should be replaced and whether any mechanisms to meet unmet need should be revised or supplemented. Any interested party may by motion request a hearing before the Court regarding these issues. In the event the Court determines that a site or mechanism no longer presents a realistic opportunity and should be replaced or supplemented, then the municipality shall have the opportunity to supplement or revise its plan to correct any deficiency.

Within 30 days of May 2, 2021 and May 2, 2024, the Township shall prepare a review of compliance with the very-low-income housing requirements required by N.J.S.A. 52:27D-329.1 and its Court-approved Settlement Agreement with FSHC. The Township will post on its municipal website, with a copy provided to FSHC, a status report as to its satisfaction of its very-low-income requirements, including the family very-low-income requirements referenced herein and in the Township's Settlement Agreement with FSHC. Such posting shall invite any interested party to submit comments to the municipality and FSHC on the issue of whether the municipality has complied with its very-low-income housing obligation.

§ 30-28.2 Definitions.

As used herein the following terms shall have the following meanings:

ACCESSORY APARTMENT

A self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters and a private entrance, which is created within an existing home, or through the conversion of an existing accessory structure on the same site, or by an addition to an existing home or accessory building, or by the construction of a new accessory structure on the same site.

ACT

The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.).

ADAPTABLE

Constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.

ADMINISTRATIVE AGENT

The entity responsible for the administration of affordable units in accordance with this section, N.J.A.C. 5:91, N.J.A.C. 5:93[1] and N.J.A.C. 5:80-26.1 et seq.

AFFIRMATIVE MARKETING

A regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.

AFFORDABILITY AVERAGE

The average percentage of median income at which restricted units in an affordable housing development are affordable to low- and moderate-income households.

AFFORDABLE

A sales price or rent within the means of a low- or moderate-income household as defined in N.J.A.C. 5:93-7.4;[2] in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.6, as may be amended and supplemented, and, in the case of a rental unit, that the rent for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.12, as may be amended and supplemented.

AFFORDABLE DEVELOPMENT

A housing development all or a portion of which consists of restricted units.

AFFORDABLE HOUSING DEVELOPMENT

A development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100% affordable development.

AFFORDABLE HOUSING PROGRAM(S)

Any mechanism in a municipal Fair Share Plan prepared or implemented to address a municipality's fair share obligation.

AFFORDABLE UNIT

A housing unit proposed or created pursuant to the Act, credited pursuant to N.J.A.C. 5:93,[3] and/or funded through an affordable housing trust fund.

AGE-RESTRICTED UNIT

A housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population such that: 1) all the residents of the development where the unit is situated are 62 years or older; or 2) at least 80% of the units are occupied by one person that is 55 years or older; or 3) the development has been designated by the Secretary of the U.S. Department of Housing and Urban Development as "housing for older persons" as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.

AGENCY

The New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1, et seq.).

ALTERNATIVE LIVING ARRANGEMENT

A structure in which households live in distinct bedrooms, yet share kitchen and plumbing facilities, central heat and common areas. "Alternative living arrangements" include, but are not limited to: transitional facilities for the homeless, Class A, B, C, D, and E boarding homes as regulated by the New Jersey Department of Community Affairs; residential health care facilities as regulated by the New Jersey Department of Health; group homes for the developmentally disabled and mentally ill as licensed and/or regulated by the New Jersey Department of Human Services; and congregate living arrangements.

ASSISTED LIVING RESIDENCE

A facility licensed by the New Jersey Department of Health and Senior Services to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed for four or more adult persons unrelated to the proprietor and that offers units containing, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.

CERTIFIED HOUSEHOLD

A household that has been certified by an administrative agent as a low-income household or moderate-income household.

COAH

The Council on Affordable Housing, which is in, but not of, the Department of Community Affairs of the State of New Jersey, that was established under the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).

DCA

The State of New Jersey Department of Community Affairs.

DEFICIENT HOUSING UNIT

A housing unit with health and safety code violations that require the repair or replacement of a major system. A major system includes weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement and/or load-bearing structural systems.

DEVELOPER

Any person, partnership, association, company or corporation that is the legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development including the holder of an option to contract or purchase, or other person having an enforceable proprietary interest in such land.

DEVELOPMENT

The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any use or change in the use 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 pursuant to N.J.S.A. 40:55D-1 et seq.

DEVELOPMENT FEE

Money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:93-8.[4]

EQUALIZED ASSESSED VALUE

The assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with Sections 1, 5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through c).

FAIR SHARE PLAN

The plan that describes the mechanisms, strategies and the funding sources, if any, by which the Township proposes to address its affordable housing obligation as established in the Housing Element, including the draft ordinances necessary to implement that plan, and addresses the requirements of N.J.A.C. 5:93-5.[5]

HOUSING ELEMENT

The portion of the Township's Master Plan, required by the Municipal Land Use Law ("MLUL"), N.J.S.A. 40:55D-28b(3) and the Act, that includes the information required by N.J.A.C. 5:93-5.1[6] and establishes the Township's fair share obligation.

INCLUSIONARY DEVELOPMENT

A development containing both affordable units and market rate units. This term includes, but is not necessarily limited to: new construction, the conversion of a nonresidential structure to residential and the creation of new affordable units through the reconstruction of a vacant residential structure.

LOW-INCOME HOUSEHOLD

A household with a total gross annual household income equal to 50% or less of the median household income.

LOW-INCOME UNIT

A restricted unit that is affordable to a low-income household.

MAJOR SYSTEM

The primary structural, mechanical, plumbing, electrical, fire protection, or occupant service components of a building which include but are not limited to, weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement or load-bearing structural systems.

MARKET-RATE UNITS

Housing not restricted to low- and moderate-income households that may sell or rent at any price.

MEDIAN INCOME

The median income by household size for the applicable county, as adopted annually by COAH or approved by the NJ Superior Court.

MODERATE-INCOME HOUSEHOLD

A household with a total gross annual household income in excess of 50% but less than 80% of the median household income.

MODERATE-INCOME UNIT

A restricted unit that is affordable to a moderate-income household.

NONEXEMPT SALE

Any sale or transfer of ownership other than the transfer of ownership between husband and wife; the transfer of ownership between former spouses ordered as a result of a judicial decree of divorce or judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor's deed to a class A beneficiary and the transfer of ownership by court order.

RANDOM SELECTION PROCESS

A process by which currently income-eligible households are selected for placement in affordable housing units such that no preference is given to one applicant over another except for purposes of matching household income and size with an appropriately priced and sized affordable unit (e.g., by lottery).

REGIONAL ASSET LIMIT

The maximum housing value in each housing region affordable to a four-person household with an income at 80% of the regional median as defined by adopted/approved Regional Income Limits.

REHABILITATION

The repair, renovation, alteration or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.

RENT

The gross monthly cost of a rental unit to the tenant, including the rent paid to the landlord, as well as an allowance for tenant-paid utilities computed in accordance with allowances published by DCA for its Section 8 program. In assisted living residences, "rent" does not include charges for food and services.

RESTRICTED UNIT

A dwelling unit, whether a rental unit or ownership unit, that is subject to the affordability controls of N.J.A.C. 5:80-26.1, as may be amended and supplemented, but does not include a market-rate unit financed under UHORP or MONI.

SPECIAL MASTER

An expert appointed by a judge to make sure that judicial orders are followed. A master's function is essentially investigative, compiling evidence or documents to inform some future action by the court.

UHAC

The Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.1 et seq.

VERY-LOW-INCOME HOUSEHOLD

A household with a total gross annual household income equal to 30% or less of the median household income.

VERY-LOW-INCOME UNIT

A restricted unit that is affordable to a very-low-income household.

WEATHERIZATION

Building insulation (for attic, exterior walls and crawl space), siding to improve energy efficiency, replacement storm windows, replacement storm doors, replacement windows and replacement doors, and is considered a major system for rehabilitation.

[1]

Editor's Note: The provisions of N.J.A.C. 5:93-1.1 et seq. expired 10-16-2016.

[2]

Editor's Note: The provisions of N.J.A.C. 5:93-1.1 et seq. expired 10-16-2016.

[3]

Editor's Note: The provisions of N.J.A.C. 5:93-1.1 et seq. expired 10-16-2016.

[4]

Editor's Note: The provisions of N.J.A.C. 5:93-1.1 et seq. expired 10-16-2016.

[5]

Editor's Note: The provisions of N.J.A.C. 5:93-1.1 et seq. expired 10-16-2016.

[6]

Editor's Note: The provisions of N.J.A.C. 5:93-1.1 et seq. expired 10-16-2016.

§ 30-28.3 Township-wide mandatory set-aside.

Paragraph 8 of the May 2, 2018, Settlement Agreement requires the Township to adopt a Township-wide ordinance that requires any new development in the Township to include a set-aside for low- and moderate-income households of not less than 20%, in accordance with the requirements of N.J.S.A. 52:27D-329.9.a of the Fair Housing Act. That section of the Act requires any municipality that is required to conform to the Highlands Regional Master Plan to reserve at least 20% of newly constructed residential units in those municipalities for low- or moderate-income households, to the extent that it is economically feasible. Consistent with those requirements, this section hereby requires that 20% of the units created in any new residential development in the Township, which shall be understood to include all housing types (single-family, multifamily, townhouse, etc.), construction or the subdivision of lots for such construction, must be affordable to low- and moderate-income households.

This Township-wide mandatory set-aside requirement does not supersede the effects or requirements of the Inclusionary Overlay Zoning Districts established per § 30-4.18 et seq. for any inclusionary residential development that occurs within the boundaries of those districts.

In the event that the inclusionary set-aside of the total number of residential units does not result in a full integer, the developer may choose one of two options of addressing the fractional unit:

The developer shall round the set-aside upward to construct a whole additional affordable unit; or

If the set-aside includes a fractional unit equal to 0.49 or less, the developer may round the set-aside downward and construct the lesser whole number of affordable units, but must also make a payment in-lieu of constructing the fractional additional unit ("fractional payment in-lieu").

(a)

The fractional payment in-lieu amount shall be calculated as the fractional unit multiplied by the base payment in-lieu dollar amount established in § 30-28.4c1 of the Township Code.

(1)

For example: If seven total units are developed at an inclusionary site, a 20% set-aside would require 1.4 affordable units. Per the requirements above:

(i)

The developer shall round up the 0.4 unit to one whole affordable unit so as to construct a total of two affordable housing units, in accordance with § 30-28.3c1; or

(ii)

In accordance with § 30-28.3c2, the developer shall round the set-aside downward so as to construct only one affordable unit and shall pay into the Township's affordable housing trust fund a fractional in-lieu payment equal to the dollar amount established in § 30-28.4c1 multiplied by 0.4 units.

§ 30-28.4 New construction.

The following requirements shall apply to all new or planned developments that contain low- and moderate-income housing units.

Phasing. Final site plan or subdivision approval shall be contingent upon the affordable housing development meeting the following phasing schedule for low- and moderate-income units whether developed in a single-phase development or in a multiphase development:

Maximum Percentage of Market-Rate Units Completed	Minimum Percentage of Low- and Moderate-Income Units Completed
25	0
25 plus 1	10
50	50
75	75
90	100

Design. In inclusionary developments, to the extent possible, low- and moderate-income units shall be integrated with the market units.

Utilities. Affordable units shall utilize the same type of heating source as market units within the affordable development.

Low/moderate split and bedroom distribution of affordable housing units:

The fair share obligation shall be divided equally between low- and moderate-income units, except that where there is an odd number of affordable housing units, the extra unit shall be a low-income unit.

In each affordable development, at least 50% of the restricted units within each bedroom distribution shall be low-income units, including that 13% of the restricted units within each bedroom distribution shall be very-low-income.

Within rental developments, of the total number of affordable rental units, at least 13% of the restricted units within each bedroom distribution shall be affordable to very-low-income households.

At least half of the affordable units in each bedroom distribution within each affordable housing development shall be affordable to low-income households.

Affordable developments that are not age-restricted shall be structured in conjunction with realistic market demands such that:

(a)

The combined number of efficiency and one-bedroom units shall be no greater than 20% of the total low- and moderate-income units;

(b)

At least 30% of all low- and moderate-income units shall be two-bedroom units;

(c)

At least 20% of all low- and moderate-income units shall be three-bedroom units; and

(d)

The remaining units may be allocated among two- and three-bedroom units at the discretion of the developer.

Affordable developments that are age-restricted shall be structured such that the number of bedrooms shall equal the number of age-restricted low- and moderate-income units within the inclusionary development. The standard may be met by having all one-bedroom units or by having a two-bedroom unit for each efficiency unit.

Accessibility requirements:

The first floor of all new restricted townhouse dwelling units and all restricted multistory dwelling units attached to at least one other dwelling unit shall be subject to the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.

All restricted townhouse dwelling units and all restricted multistory dwelling units attached to at least one other dwelling unit shall have the following features:

(a)

An adaptable toilet and bathing facility on the first floor;

(b)

An adaptable kitchen on the first floor;

(c)

An interior accessible route of travel on the first floor;

(1)

An interior accessible route of travel shall not be required between stories within an individual unit;

(d)

(Reserved)

(e)

An adaptable room that can be used as a bedroom, with a door or the casing for the installation of a door, on the first floor; and

(f)

An accessible entranceway as set forth at P.L. 2005, c. 350 (N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C. 5:23-7, or evidence that the Township has collected funds from the developer sufficient to make 10% of the adaptable entrances in the development accessible:

(1)

Where a unit has been constructed with an adaptable entrance, upon the request of a disabled person who is purchasing or will reside in the dwelling unit, an accessible entrance shall be installed.

(2)

To this end, the builder of restricted units shall deposit funds within the Township of Union's affordable housing trust fund sufficient to install accessible entrances in 10% of the affordable units that have been constructed with adaptable entrances.

(3)

The funds deposited under Subsection e2(f)(2) herein, shall be used by the Township for the sole purpose of making the adaptable entrance of any affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance.

(4)

The developer of the restricted units shall submit a design plan and cost estimate for the conversion from adaptable to accessible entrances to the Construction Official of the Township of Union.

(5)

Once the Construction Official has determined that the design plan to convert the unit entrances from adaptable to accessible meet the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7, and that the cost estimate of such conversion is reasonable, payment shall be made to the Township of Union's affordable housing trust fund in care of the municipal treasurer who shall ensure that the funds are deposited into the affordable housing trust fund and appropriately earmarked.

(6)

Full compliance with the foregoing provisions shall not be required where an entity can demonstrate that it is site impracticable to meet the requirements. Determinations of site impracticability shall be in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7.

Maximum rents and sales prices.

In establishing rents and sales prices of affordable housing units, the administrative agent shall follow the procedures set forth in UHAC and by the Superior Court, utilizing the regional income limits established.

The maximum rent for restricted rental units within each affordable development shall be affordable to households earning no more than 60% of median income, and the average rent for restricted low- and moderate-income units shall be affordable to households earning no more than 52% of median income.

The developers and/or municipal sponsors of restricted rental units shall establish at least one rent for each bedroom type for both low-income and moderate-income units.

(a)

At least 13% of all low- and moderate-income rental units shall be affordable to households earning no more than 30% of median income.

The maximum sales price of restricted ownership units within each affordable development shall be affordable to households earning no more than 70% of median income, and each affordable development must achieve an affordability average of 55% for restricted ownership units; in achieving this affordability average, moderate-income ownership units must be available for at least three different prices for each bedroom type, and low-income ownership units must be available for at least two different prices for each bedroom type.

In determining the initial sales prices and rents for compliance with the affordability average requirements for restricted units other than assisted living facilities, the following standards shall be met:

(a)

A studio or efficiency unit shall be affordable to a one-person household;

(b)

A one-bedroom unit shall be affordable to a one-and-one-half person household;

(c)

A two-bedroom unit shall be affordable to a three-person household;

(d)

A three-bedroom unit shall be affordable to a four-and-one-half person household; and

(e)

A four-bedroom unit shall be affordable to a six-person household.

In determining the initial rents for compliance with the affordability average requirements for restricted units in assisted living facilities, the following standards shall be met:

(a)

A studio or efficiency unit shall be affordable to a one-person household;

(b)

A one-bedroom unit shall be affordable to a one-and-one-half person household; and

(c)

A two-bedroom unit shall be affordable to a two-person household or to two one-person households.

The initial purchase price for all restricted ownership units shall be calculated so that the monthly carrying cost of the unit, including principal and interest (based on a mortgage loan equal to 95% of the purchase price and the Federal Reserve H.15 rate of interest), taxes, homeowner and private mortgage insurance and condominium or homeowner association fees do not exceed 28% of the eligible monthly income of the appropriate size household as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.

The initial rent for a restricted rental unit shall be calculated so as not to exceed 30% of the eligible monthly income of the appropriate household size as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the rent shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.

The price of owner-occupied low- and moderate-income units may increase annually based on the percentage increase in the regional median income limit for each housing region. In no event shall the maximum resale price established by the administrative agent be lower than the last recorded purchase price. Income limits for all units for which income limits are not already established through a federal program exempted from the Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26.1 shall be updated by the Township annually within 30 days of the publication of determinations of median income by HUD as follows:

(a)

Regional income limits shall be established for the Region 3 based on the median income by household size, which shall be established by a regional weighted average of the uncapped Section 8 income limits published by HUD. To compute this regional income limit, the HUD determination of median county income for a family of four is multiplied by the estimated households within the county according to the most recent decennial Census. The resulting product for each county within the housing region is summed. The sum is divided by the estimated total households from the most recent decennial Census in Region 3. This quotient represents the regional weighted average of median income for a household of four. The income limit for a moderate-income unit for a household of four shall be 80% of the regional weighted average median income for a family of four. The income limit for a low-income unit for a household of four shall be 50% of the HUD determination of the regional weighted average median income for a family of four. The income limit for a very-low-income unit for a household of four shall be 30% of the regional weighted average median income for a family of four. These income limits shall be adjusted by household size based on multipliers used by HUD to adjust median income by household size. In no event shall the income limits be less than those for the previous year.

(b)

The income limits calculated each year shall be the result of applying the percentages set forth in Subsection f9(a) above to HUD's determination of median income for the relevant fiscal year, and shall be utilized until the Township updates the income limits after HUD has published revised determinations of median income for the next fiscal year.

(c)

The Regional Asset Limit used in determining an applicant's eligibility for affordable housing pursuant to N.J.A.C. 5:80-26.16(b)3 shall be calculated by the Township annually by taking the percentage increase of the income limits calculated pursuant to Subsection f9(a) above over the previous year's income limits, and applying the same percentage increase to the Regional Asset Limit from the prior year. In no event shall the Regional Asset Limit be less than that for the previous year.

10.

The rent levels of very-low-, low- and moderate-income units may be increased annually based on the percentage increase in the Housing Consumer Price Index for the Northeast Urban Area, upon its publication for the prior calendar year. This increase shall not exceed 9% in any one year. Rents for units constructed pursuant to low-income housing tax credit regulations shall be indexed pursuant to the regulations governing low income housing tax credits.

11.

Tenant-paid utilities that are included in the utility allowance shall be so stated in the lease and shall be consistent with the utility allowance approved by DCA for its Section 8 program.

§ 30-28.5 Condominium and homeowners' association fees.

For any affordable housing unit that is part of a condominium association and/or homeowner's association, the master deed shall reflect that the association fee assessed for each affordable housing unit shall be established at 100% of the market rate fee.

§ 30-28.6 Affordable unit controls and requirements.

The requirements of this section apply to all developments that contain affordable housing units, including any currently unanticipated future developments that will provide low- and moderate-income housing units.

§ 30-28.7 Affirmative marketing.

The Township shall adopt by resolution an Affirmative Marketing Plan, subject to approval of the Superior Court, compliant with N.J.A.C. 5:80-26.15, as may be amended and supplemented.

The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of race, creed, color, national origin, ancestry, marital or familial status, gender, affectional or sexual orientation, disability, age or number of children to housing units which are being marketed by a developer, sponsor or owner of affordable housing. The affirmative marketing plan is also intended to target those potentially eligible persons who are least likely to apply for affordable units in that region. It is a continuing program that directs all marketing activities toward COAH Housing Region 3 and covers the period of deed restriction.

The affirmative marketing plan shall provide a regional preference for all households that live and/or work in COAH Housing Region 3, comprised of Hunterdon, Somerset, and Middlesex Counties.

The administrative agent designated by the Township shall assure the affirmative marketing of all affordable units is consistent with the Affirmative Marketing Plan for the municipality.

The Township shall add to the list of community and regional organizations in its affirmative marketing plan, pursuant to N.J.A.C. 5:80-26.15(f)(5), Fair Share Housing Center, the New Jersey State Conference of the NAACP, the Latino Action Network, Hunterdon County NAACP, Hunterdon County Urban League, and Hunterdon County Housing Coalition, and shall, as part of its regional affirmative marketing strategies during its implementation of this plan, provide notice to those organizations of all available affordable housing units. The Township also agrees to require any other entities, including developers or persons or companies retained to do affirmative marketing, to comply with this paragraph.

In implementing the affirmative marketing plan, the administrative agent shall provide a list of counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.

The affirmative marketing process for available affordable units shall begin at least four months prior to the expected date of occupancy.

The costs of advertising and affirmative marketing of the affordable units shall be the responsibility of the developer, sponsor or owner, unless otherwise determined or agreed to by the Township of Union.

§ 30-28.8 Occupancy standards.

In referring certified households to specific restricted units, to the extent feasible, and without causing an undue delay in occupying the unit, the administrative agent shall strive to:

Provide an occupant for each bedroom;

Provide separate bedrooms for parents and children;

Provide children of different sexes with separate bedrooms; and

Prevent more than two persons from occupying a single bedroom.

Additional provisions related to occupancy standards (if any) shall be provided in the municipal Operating Manual.

§ 30-28.9 Selection of occupants of affordable housing units.

The administrative agent shall use a random selection process to select occupants of low- and moderate-income housing.

A waiting list of all eligible candidates will be maintained in accordance with the provisions of N.J.A.C. 5:80-26 et seq.

§ 30-28.10 Control periods for restricted ownership units and enforcement mechanisms.

Control periods for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.5, and each restricted ownership unit shall remain subject to the controls on affordability for a period of at least 30 years, until the municipality takes action to release the controls on affordability.

Rehabilitated owner-occupied housing units that are improved to code standards shall be subject to affordability controls for a period of 10 years.

The affordability control period for a restricted ownership unit shall commence on the date the initial certified household takes title to the unit.

The affordability controls set forth in this section shall remain in effect despite the entry and enforcement of any judgment of foreclosure with respect to restricted ownership units.

A restricted ownership unit shall be required to obtain a continuing certificate of occupancy or a certified statement from the Construction Official stating that the unit meets all code standards upon the first transfer of title that follows the expiration of the applicable minimum control period provided under N.J.A.C. 5:80-26.5(a), as may be amended and supplemented.

§ 30-28.11 Price restrictions for restricted ownership units; homeowner association fees and resale prices.

Price restrictions for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, including:

The initial purchase price for a restricted ownership unit shall be approved by the administrative agent.

The administrative agent shall approve all resale prices, in writing and in advance of the resale, to assure compliance with the foregoing standards.

The method used to determine the condominium association fee amounts and special assessments shall be indistinguishable between the low- and moderate-income unit owners and the market unit owners.

The owners of restricted ownership units may apply to the administrative agent to increase the maximum sales price for the unit on the basis of capital improvements. Eligible capital improvements shall be those that render the unit suitable for a larger household or the addition of a bathroom.

§ 30-28.12 Buyer income eligibility.

Buyer income eligibility for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, such that low-income ownership units shall be reserved for households with a gross household income less than or equal to 50% of median income and moderate-income ownership units shall be reserved for households with a gross household income less than 80% of median income.

The administrative agent shall certify a household as eligible for a restricted ownership unit when the household is a low-income household or a moderate-income household, as applicable to the unit, and the estimated monthly housing cost for the particular unit (including principal, interest, taxes, homeowner and private mortgage insurance and condominium or homeowner association fees, as applicable) does not exceed 33% of the household's certified monthly income.

§ 30-28.13 Limitations on indebtedness secured by ownership unit; subordination.

Prior to incurring any indebtedness to be secured by a restricted ownership unit, the administrative agent shall determine in writing that the proposed indebtedness complies with the provisions of this section.

With the exception of original purchase money mortgages, during a control period neither an owner nor a lender shall at any time cause or permit the total indebtedness secured by a restricted ownership unit to exceed 95% of the maximum allowable resale price of that unit, as such price is determined by the administrative agent in accordance with N.J.A.C. 5:80-26.6(b).

§ 30-28.14 Control periods for restricted rental units.

Control periods for restricted rental units shall be in accordance with N.J.A.C. 5:80-26.11, and each restricted rental unit shall remain subject to the controls on affordability for a period of at least 30 years, until the municipality takes action to release the controls on affordability.

Restricted rental units created as part of developments receiving 9% low-income housing tax credits must comply with a control period of not less than a thirty-year compliance period plus a fifteen-year extended use period.

Rehabilitated renter-occupied housing units that are improved to code standards shall be subject to affordability controls for a period of 10 years.

Deeds of all real property that include restricted rental units shall contain deed restriction language. The deed restriction shall have priority over all mortgages on the property, and the deed restriction shall be filed by the developer or seller with the records office of the County of Hunterdon. A copy of the filed document shall be provided to the administrative agent within 30 days of the receipt of a certificate of occupancy.

A restricted rental unit shall remain subject to the affordability controls of this section, despite the occurrence of any of the following events:

Sublease or assignment of the lease of the unit;

Sale or other voluntary transfer of the ownership of the unit; or

The entry and enforcement of any judgment of foreclosure.

§ 30-28.15 Price restrictions for rental units; leases.

A written lease shall be required for all restricted rental units, except for units in an assisted living residence, and tenants shall be responsible for security deposits and the full amount of the rent as stated on the lease. A copy of the current lease for each restricted rental unit shall be provided to the administrative agent.

No additional fees or charges shall be added to the approved rent (except, in the case of units in an assisted living residence, to cover the customary charges for food and services) without the express written approval of the administrative agent.

Application fees (including the charge for any credit check) shall not exceed 5% of the monthly rent of the applicable restricted unit and shall be payable to the administrative agent to be applied to the costs of administering the controls applicable to the unit as set forth in this section.

§ 30-28.16 Tenant income eligibility.

Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13, as may be amended and supplemented, and shall be determined as follows:

Very-low-income rental units shall be reserved for households with a gross household income less than or equal to 30% of median income.

Low-income rental units shall be reserved for households with a gross household income less than or equal to 50% of median income.

Moderate-income rental units shall be reserved for households with a gross household income less than 80% of median income.

The administrative agent shall certify a household as eligible for a restricted rental unit when the household is a very-low-income, low-income or moderate-income household, as applicable to the unit, and the rent proposed for the unit does not exceed 35% (40% for age-restricted units) of the household's eligible monthly income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended and supplemented; provided, however, that this limit may be exceeded if one or more of the following circumstances exists:

The household currently pays more than 35% (40% for households eligible for age-restricted units) of its gross household income for rent, and the proposed rent will reduce its housing costs;

The household has consistently paid more than 35% (40% for households eligible for age-restricted units) of eligible monthly income for rent in the past and has proven its ability to pay;

The household is currently in substandard or overcrowded living conditions;

The household documents the existence of assets with which the household proposes to supplement the rent payments; or

The household documents proposed third-party assistance from an outside source such as a family member in a form acceptable to the administrative agent and the owner of the unit.

The applicant shall file documentation sufficient to establish the existence of the circumstances in Subsection b1 through 5 above with the administrative agent, who shall counsel the household on budgeting.

§ 30-28.17 Conversions.

Each affordable housing unit created through the conversion of a nonresidential structure shall be considered a new housing unit and shall be subject to the affordability controls for a new housing unit.

§ 30-28.18 Alternative living arrangements.

The administration of an alternative living arrangement shall be in compliance with N.J.A.C. 5:93-5.8[1] and UHAC, with the following exceptions:

Affirmative marketing (N.J.A.C. 5:80-26.15), provided, however, that the units or bedrooms may be affirmatively marketed by the provider in accordance with an alternative plan approved by the Court;

Affordability average and bedroom distribution (N.J.A.C. 5:80-26.3).

[1]

Editor's Note: The provisions of N.J.A.C. 5:93-1.1 et seq. expired 10-16-2016.

With the exception of units established with capital funding through a twenty-year operating contract with the Department of Human Services, Division of Developmental Disabilities, alternative living arrangements shall have at least thirty-year controls on affordability in accordance with UHAC, unless an alternative commitment is approved by the Court.

The service provider for the alternative living arrangement shall act as the administrative agent for the purposes of administering the affirmative marketing and affordability requirements for the alternative living arrangement.

§ 30-28.19 Administration.

The following sections address the administration of affordable units.

§ 30-28.20 Municipal housing liaison.

The position of Municipal Housing Liaison for the Township of Union is hereby established. The Municipal Housing Liaison shall be appointed by duly adopted resolution of the Township Committee and be subject to the approval by the Superior Court.

The Municipal Housing Liaison must be either a full-time or part-time employee of the Township of Union.

The Municipal Housing Liaison must meet the requirements for qualifications, including initial and periodic training found in N.J.A.C. 5:93.[1]

[1]

Editor's Note: The provisions of N.J.A.C. 5:93-1.1 et seq. expired 10-16-2016.

The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the Township of Union, including the following responsibilities which may not be contracted out to the administrative agent:

Serving as the municipality's primary point of contact for all inquiries from the state, affordable housing providers, administrative agents and interested households;

The implementation of the Affirmative Marketing Plan and affordability controls.

When applicable, supervising any contracting administrative agent.

Monitoring the status of all restricted units in the Township of Union's Fair Share Plan;

Compiling, verifying and submitting annual reports as required by the Superior Court;

Coordinating meetings with affordable housing providers and administrative agents, as applicable; and

Attending continuing education opportunities on affordability controls, compliance monitoring and affirmative marketing as offered or approved by the Superior Court.

§ 30-28.21 Administrative agent.

The Township shall designate by resolution of the Township Committee, subject to the approval of the Superior Court, one or more administrative agents to administer newly constructed affordable units in accordance with N.J.A.C. 5:93[1] and UHAC.

[1]

Editor's Note: The provisions of N.J.A.C. 5:93-1.1 et seq. expired 10-16-2016.

An Operating Manual shall be provided by the administrative agent(s) to be adopted by resolution of the governing body and subject to approval of the Superior Court. The Operating Manuals shall be available for public inspection in the office of the municipal clerk and in the office(s) of the administrative agent(s).

The administrative agent shall perform the duties and responsibilities of an administrative agent as are set forth in UHAC and which are described in full detail in the Operating Manual, including those set forth in N.J.A.C. 5:80-26.14, 16 and 18 thereof, which includes:

Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by the Superior Court;

Affirmative marketing;

Household certification;

Affordability controls;

Records retention;

Resale and re-rental;

Processing requests from unit owners; and

Enforcement, although the ultimate responsibility for retaining controls on the units rests with the municipality.

The administrative agent shall, as delegated by the Township Committee, have the authority to take all actions necessary and appropriate to carry out its responsibilities hereunder.

§ 30-28.22 Enforcement of affordable housing regulations.

Upon the occurrence of a breach of any of the regulations governing the affordable unit by an owner, developer or tenant, the municipality shall have all remedies provided at law or equity, including but not limited to foreclosure, tenant eviction, municipal fines, a requirement for household recertification, acceleration of all sums due under a mortgage, recoupment of any funds from a sale in the violation of the regulations, injunctive relief to prevent further violation of the regulations, entry on the premises, and specific performance.

After providing written notice of a violation to an owner, developer or tenant of a low- or moderate-income unit and advising the owner, developer or tenant of the penalties for such violations, the municipality may take the following action against the owner, developer or tenant for any violation that remains uncured for a period of 60 days after service of the written notice:

The municipality may file a court action pursuant to N.J.S.A. 2A:58-11 alleging a violation, or violations, of the regulations governing the affordable housing unit. If the owner, developer or tenant is found by the court to have violated any provision of the regulations governing affordable housing units the owner, developer or tenant shall be subject to one or more of the following penalties, at the discretion of the court:

(a)

A fine of not more than $500 or imprisonment for a period not to exceed 90 days, or both. Each and every day that the violation continues or exists shall be considered a separate and specific violation of these provisions and not as a continuing offense;

(b)

In the case of an owner who has rented his or her low- or moderate-income unit in violation of the regulations governing affordable housing units, payment into the Township of Union Affordable Housing Trust Fund of the gross amount of rent illegally collected;

(c)

In the case of an owner who has rented his or her low- or moderate-income unit in violation of the regulations governing affordable housing units, payment of an innocent tenant's reasonable relocation costs, as determined by the court.

The municipality may file a court action in the Superior Court seeking a judgment, which would result in the termination of the owner's equity or other interest in the unit, in the nature of a mortgage foreclosure. Any judgment shall be enforceable as if the same were a judgment of default of the first purchase money mortgage and shall constitute a lien against the low- and moderate-income unit.

Such judgment shall be enforceable, at the option of the municipality, by means of an execution sale by the Sheriff, at which time the low- and moderate-income unit of the violating owner shall be sold at a sale price which is not less than the amount necessary to fully satisfy and pay off any first purchase money mortgage and prior liens and the costs of the enforcement proceedings incurred by the municipality, including attorney's fees. The violating owner shall have the right to possession terminated as well as the title conveyed pursuant to the Sheriff's sale.

The proceeds of the Sheriff's sale shall first be applied to satisfy the first purchase money mortgage lien and any prior liens upon the low- and moderate-income unit. The excess, if any, shall be applied to reimburse the municipality for any and all costs and expenses incurred in connection with either the court action resulting in the judgment of violation or the Sheriff's sale. In the event that the proceeds from the Sheriff's sale are insufficient to reimburse the municipality in full as aforesaid, the violating owner shall be personally responsible for and to the extent of such deficiency, in addition to any and all costs incurred by the municipality in connection with collecting such deficiency. In the event that a surplus remains after satisfying all of the above, such surplus, if any, shall be placed in escrow by the municipality for the owner and shall be held in such escrow for a maximum period of two years or until such earlier time as the owner shall make a claim with the municipality for such. Failure of the owner to claim such balance within the two-year period shall automatically result in a forfeiture of such balance to the municipality. Any interest accrued or earned on such balance while being held in escrow shall belong to and shall be paid to the municipality, whether such balance shall be paid to the owner or forfeited to the municipality.

Foreclosure by the municipality due to violation of the regulations governing affordable housing units shall not extinguish the restrictions of the regulations governing affordable housing units as the same apply to the low- and moderate-income unit. Title shall be conveyed to the purchaser at the Sheriff's sale, subject to the restrictions and provisions of the regulations governing the affordable housing unit. The owner determined to be in violation of the provisions of this plan and from whom title and possession were taken by means of the Sheriff's sale shall not be entitled to any right of redemption.

If there are no bidders at the Sheriff's sale, or if insufficient amounts are bid to satisfy the first purchase money mortgage and any prior liens, the municipality may acquire title to the low- and moderate-income unit by satisfying the first purchase money mortgage and any prior liens and crediting the violating owner with an amount equal to the difference between the first purchase money mortgage and any prior liens and costs of the enforcement proceedings, including legal fees and the maximum resale price for which the low- and moderate-income unit could have been sold under the terms of the regulations governing affordable housing units. This excess shall be treated in the same manner as the excess which would have been realized from an actual sale as previously described.

Failure of the low- and moderate-income unit to be either sold at the Sheriff's sale or acquired by the municipality shall obligate the owner to accept an offer to purchase from any qualified purchaser which may be referred to the owner by the municipality, with such offer to purchase being equal to the maximum resale price of the low- and moderate-income unit as permitted by the regulations governing affordable housing units.

The owner shall remain fully obligated, responsible and liable for complying with the terms and restrictions of governing affordable housing units until such time as title is conveyed from the owner.

§ 30-28.23 Appeals.

Appeals from all decisions of an administrative agent designated pursuant to this section shall be filed in writing with the Township.

§ 30-29 AFFIRMATIVE MARKETING PLAN.

§ 30-29.1 Purpose.

[Ord. No. 96-21, § I]

The purpose of this section is to create an Affirmative Marketing Plan needed for the execution of the municipality's responsibility to assist in the provision of affordable housing pursuant to the Fair Housing Act of 1985.

§ 30-29.2 Affirmative Marketing Plan.

[Ord. No. 96-21 § II]

Union Township has a fair share obligation of 35 units of which 12 are new construction. This section will apply to all developments that contain proposed low and moderate income units that are listed below, and any future developments that may occur:

Milligan Farms

Stone Arch

Hunterdon Hills

The Affirmative Market Plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of sex, age or number of children, to housing units which are being marketed by a developer/sponsor, municipality and/or designated administrative agency of affordable housing. The plan will address the requirements of N.J.A.C. 5:93-11. In addition, the plan prohibits discrimination in the same, rental, financing or other services related to housing on the basis of race, color, sex, religion, handicap, age, familial status/size or national origin. The Township of Union is in the housing region consisting of Hunterdon, Somerset and Middlesex Counties. The affirmative marketing program is a continuing program and will meet the following requirements:

All newspaper articles, announcements and requests for applications for low and moderate income units will appear in the following weekly newspapers/publication:

Hunterdon County Democrat.

The primary marketing will take the form of at least one press release sent to the above publication and a paid display advertisement in the above newspaper. Additional advertising and publicity will be on an "as needed" basis.

The advertisement will include a description of the following:

Street address of units.

Direction to housing units.

Number of bedrooms per unit.

Range of prices/rents.

Size of units.

Income information.

Location of applications including business hours and where/how applications may be obtained.

All newspaper articles, announcements and requests for applications for low and moderate income housing will appear in the following neighborhood oriented weekly newspaper, religious publications and organizational newsletters within the region:

Hunterdon County Democrat.

The following regional radio and/or cable television station(s), sign(s) and/or poster(s) will be used as part of the affirmative marketing program including specific employment centers within the region:

Municipal administrative building County library Developer's sales office

Major employers in region (Foster Wheeler, etc.)

The following is a listing of community contact person(s) and/or organization(s) in Hunterdon, Somerset and Middlesex Counties that will aid in the affirmative marketing program with particular emphasis on contacts that will reach out to groups least likely to apply for housing within the region: Various Hunterdon County agencies.

Quarterly flyers and applications will be sent to each of the following agencies for publication in their journals and for circulation among their members:

Board of Realtors in Hunterdon, Somerset and Middlesex Counties.

Applications will be mailed to prospective applicants upon request.

Additionally, quarterly informational circulars and applications will be sent to the chief administrative employees of each of the following agencies in the counties of Hunterdon, Somerset and Middlesex:

Welfare or Social Service Board

Rental Assistance Office (local office of DCA)

Office on Aging

Housing Agency or Authority

Library

Area Community Action Agencies

The following is a description of the random selection method that will be used to select occupants of low and moderate income housing:

The designated housing officer is the agency under contract with Union Township to administer the affirmative marketing program. The designated housing officer has the responsibility to income qualify low and moderate income households; to place income eligible households in low and moderate income units upon initial occupancy; to provide for the initial occupancy of low and moderate income units with income qualified households; to continue to qualify households for re-occupancy of units as they become vacant during the period of affordability controls; to assist with advertising and outreach to low and moderate income households; and to enforce the terms of the deed restriction and mortgage loan as per N.J.A.C. 5:93-1.1. The municipal contact person within the Township of Union is the designated housing officer. The designated housing officer will provide counseling services to low and moderate income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental/lease requirements and landlord/tenant laws. The following service providers have agreed to perform the above services:

The Township of Union designated housing officer.

Households who live or work in the COAH-established housing region may be given preference for sales and rental units constructed within that housing region. Applicants living outside the housing region will have an equal opportunity for units after regional applicants have been initially serviced. The Township of Union intends to comply with N.J.A.C. 5:93-11.7.

All developers of low and moderate income housing units will be required to assist in the marketing of the affordable units in their respective developments.

The marketing program will commence at least 120 days before the issuance of either temporary or permanent certificates of occupancy. The marketing program will continue until all low and moderate income housing units are initially occupied and for as long as affordable units are deed restricted and occupancy or re-occupancy of units continues to be necessary.

The designated housing officer will comply with monitoring and reporting requirements as per N.J.A.C. 5:93-11.6 and 12.1.[1]

[1]

Editor's Note: Former § 30-30, Required Growth Share Affordable Housing Obligation, Ord, No, 2005-13, § 1, which immediately followed this section, was repealed 10-17-2018 by Ord. No. 2018-11.