[Ord. No. 85-9, ยงย 100]
This chapter shall be known as the Land Use Code of the Township
of Union.
[Ord. No. 85-9, ยงย 101]
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:
a.ย
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;
b.ย
To secure safety from fire, flood, panic and other natural and man-made
disasters.
c.ย
To provide adequate light, air and open space;
d.ย
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;
e.ย
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;
f.ย
To encourage the appropriate and efficient expenditure of public
funds by the coordination of public development with land policies.
g.ย
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;
h.ย
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;
i.ย
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.
j.ย
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;
k.ย
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;
l.ย
To encourage senior citizen community housing construction;
m.ย
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;
n.ย
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;
o.ย
To assist orderly, efficient and integrated development of land;
p.ย
To provide for the coordination of existing streets and public utilities
with new facilities;
q.ย
To provide for efficient and orderly extension of community services
and facilities at minimum cost and maximum convenience.
r.ย
To ensure equitable handling of all subdivision and site plans by
developers and subdividers by providing uniform procedures and standards
for observance.
[Ord. No. 85-9, ยงยงย 2.00,
2.01; Ord. No. 86-4, ยงย 1; Ord. No. 86-10, ยงย 1; Ord. No. 88-5, ยงย 1; Ord. No. 88-11, ยงย 1; Ord. No. 90-2, ยงย 1; Ord.
No. 93-4, ยงย 1; Ord. No.
93-11, ยงย 1; Ord. No. 94-8, ยงย 1; Ord. No. 94-9, ยงย 1; Ord. No. 95-8,
ยงย 1; Ord. No. 96-16, ยงย 1; Ord. No. 96-17, ยงย 1; Ord. No. 98-7, ยงย I; Ord. No. 2001-8, ยงยงย 5, 8, 10; Ord. No. 2002-01, ยงย 1; Ord. No. 2003-3; Ord. No.
2004-10, ยงยงย 2, 5; Ord. No. 2011-10, ยงย 1; Ord. No. 2014-3 ยงย 2; Ord. No. 2015-6 ยงย 1]
a.ย
General.
1.ย
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.
2.ย
For the purpose of this chapter, words and terms used herein shall
be interpreted as follows:
(a)ย
Words used in the present tense include the future.
(b)ย
The singular includes the plural.
(c)ย
The word "person" includes a corporation, partnership, and association,
as well as the individual.
(d)ย
The word "lot" includes the word "plot" or "parcel".
(e)ย
The term "shall" is mandatory.
(f)ย
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."
b.ย
ACCEPTED NURSERY PRACTICES
ACCESSORY STRUCTURE OR USE
ACCESSWAY
ACRE
ACT
ADMINISTRATIVE OFFICER
AFFORDABLE HOUSING
AGRICULTURAL SOILS
ALLEY (SERVICE STREET)
ALTERATIONS
1.ย
2.ย
(a)ย
(b)ย
(c)ย
(d)ย
(e)ย
APPLICANT
APPLICATION FOR DEVELOPMENT
APPROVED WOODLAND MANAGEMENT PLAN
APPROVING AUTHORITY
AREA OF A SIGN
BASAL AREA
BASE SITE AREA
BASEMENT
BILLBOARD
BOARD OF ADJUSTMENT
BOARDER, ROOMER, LODGER
BUFFER YARD
BUILDING
BUILDING SETBACK LINE
BULK
CALIPER
CANNABIS CULTIVATOR
CANNABIS DELIVERY
CANNABIS DELIVERY SERVICE
CANNABIS DISTRIBUTOR
CANNABIS ESTABLISHMENT
CANNABIS MANUFACTURER
CANNABIS RETAILER
CANNABIS WHOLESALER
CAPITAL IMPROVEMENT
CELLAR
CERTIFICATION
CERTIFIED FORESTER
CHILD CARE CENTER
CLEAR CUTTING
CLEAR SIGHT TRIANGLE
COAH
COAH RULES
CONCEPT PLAN
CONDITIONAL USE
CONDOMINIUM
CONSERVATION EASEMENT
CONTIGUOUS
CONTINUING CARE FACILITY
CONVENTIONAL DEVELOPMENT
CORNER LOT
COUNTY MASTER PLAN
COUNTY PLANNING BOARD
CRITICAL WILDLIFE HABITAT
1.ย
2.ย
3.ย
CUL-DE-SAC
DAYS
DECK
DEDICATION
DENSITY, GROSS
DEVELOPER
DEVELOPMENT
DEVELOPMENT APPLICATION
DEVELOPMENT FEES
DIAMETER BREAST HEIGHT OR DBH
DIRECT GLARE SOURCE
DISTURBANCE
DIVERSION
DV
DRIFTWAY
DRIP LINE
DRIVEWAY
DWELLING
1.ย
2.ย
3.ย
DWELLING UNIT
EASEMENT
EAVES
ECHO UNIT
EMBANKMENT
EMPLOYEE
ENFORCEMENT OFFICER
ENVIRONMENTAL COMMISSION
EQUALIZED ASSESSED VALUE
EROSION
EXCAVATION OR CUT
EXISTING GRADE
EXISTING INDIVIDUAL LOT
EXPANSION
FACADE
FAMILY
FAMILY DAY CARE HOME
FARM
FARM MANAGEMENT UNIT
FARM SCALE RENEWABLE ENERGY GENERATING FACILITY
FINAL PLAT
FINISHED GRADE
FLOOD OR FLOODING
FLOOD ELEVATION, REGULATORY
FLOOD FRINGE
FLOODPLAIN
1.ย
2.ย
FLOODPLAIN DISTRICTS, DESIGNATED
FLOODPLAIN SOILS
FLOODPROOFING
FLOODWAY
FLOOR AREA
1.ย
2.ย
3.ย
4.ย
5.ย
6.ย
FLOOR AREA RATIO
FOOTCANDLE (FC)
FORESTRY
FREEBOARD
FULL CUT OFF LIGHT FIXTURE
GLARE
GOVERNING BODY
GRADING
GRADING PERMIT
GRASSED WATERWAY
GRID SCALE RENEWABLE ENERGY GENERATING FACILITY
GROUND FLOOR
GROUND LEVEL TERRACE
HEDGEROW
HEIGHT OF BUILDING
1.ย
2.ย
3.ย
HISTORIC DISTRICT
HISTORIC SITE
HISTORIC TREE
HOME OCCUPATION OR HOME BUSINESS
HOME OWNERS' ASSOCIATION
IESNA
IMPERVIOUS SURFACE
1.ย
2.ย
IMPROVEMENTS
INCLUSIONARY DEVELOPMENT
INDUSTRIAL
INTERESTED PARTY
1.ย
2.ย
ISOLATED LOT
LAKES AND PONDS
LAND
LANDMARK TREES
LANDSCAPE EASEMENT
LIGHT TRESPASS
LOADING BERTH
LOOP STREET
LOT
1.ย
2.ย
3.ย
4.ย
5.ย
6.ย
7.ย
LOW INCOME
LOWEST FLOOR
MAINTENANCE GUARANTEE
MAJOR SUBDIVISION
MANUFACTURED HOME
1.ย
2.ย
3.ย
4.ย
5.ย
MASTER PLAN
MAYOR
MET TOWER
MINOR SUBDIVISION
MOBILE HOME
1.ย
2.ย
3.ย
(a)ย
(b)ย
(c)ย
(d)ย
(e)ย
(f)ย
MODERATE INCOME
MULCHING
MUNICIPAL AGENCY
MUNICIPALITY
NATURAL GROUND SURFACE
NONCONFORMING LOT
NONCONFORMING STRUCTURE
NONCONFORMING USE
NURSERY GRADE QUALITY
NURSING HOME
OBSTRUCTION
OCCUPANT (OCCUPANCY)
OFF-SITE
OFF-TRACT
OFFICIAL COUNTY MAP
OFFICIAL MAP
ON-SITE
ON-TRACT
OPEN AIR AUCTION HOUSE
OPEN AIR AUCTIONS
OPEN SPACE
1.ย
2.ย
3.ย
OUTDOOR ENCLOSED LIGHT FIXTURE
OUTDOOR FIXTURE
OWNER
PARAPET
PERFORMANCE GUARANTEE
PERFORMANCE SUBDIVISION
PERSON
PLANNING BOARD
PLAT
POLLUTION
PRELIMINARY PLAT
PREMISES
PRESERVED FARM RENEWABLE ENERGY GENERATING FACILITY
PRINCIPAL LOT
PRIVATE GARAGE
PUBLIC AREAS
PUBLIC DEVELOPMENT PROPOSAL
PUBLIC UTILITY OPERATING FACILITY
PUBLIC VIEW
QUORUM
RAISED TERRACE
RECYCLING AREA
RENEWABLE ENERGY FACILITY
REPLACEMENT TREES
REQUIRED RESOURCE-PROTECTION RATIOS
RESIDENTIAL CLUSTER
RESIDENTIAL DENSITY
RESIDENTIAL SCALE RENEWABLE ENERGY GENERATING FACILITY
RESIDENTIAL SHED
RESOURCE PROTECTION
1.ย
2.ย
RESUBDIVISION
RETENTION BASIN
REVERSED FRONTAGE LOT
RIGHT-OF-WAY
1.ย
2.ย
3.ย
ROAD CLASSIFICATION
ROOF LINE
ROTOR DIAMETER
SAPLING
SEDIMENT BASIN
SEDIMENT POOL
SEDIMENTATION
SEWER FACILITY
SHRUB
SIGHT DISTANCE TRIANGLE
SIGN
1.ย
2.ย
3.ย
4.ย
SINGLE AND SEPARATE OWNERSHIP
SITE AREA
1.ย
2.ย
3.ย
SITE PLAN
1.ย
2.ย
SKETCH PLAT
SKY GLOW
SLOPE
SMALL WIND ENERGY SYSTEM
SOIL
SOIL EROSION AND SEDIMENT CONTROL PLAN
SOLAR AND PHOTOVOLTAIC FACILITY
SOLAR PANELS
SPECIMEN TREE
1.ย
2.ย
3.ย
4.ย
5.ย
6.ย
START OF CONSTRUCTION
STORMWATER DETENTION
STORY
STREET
1.ย
2.ย
(a)ย
(b)ย
(c)ย
(d)ย
(e)ย
(f)ย
(g)ย
(h)ย
(i)ย
(j)ย
STREET LINE
STRIPPING
STRUCTURE
SUBDIVIDER
SUBDIVISION
1.ย
2.ย
3.ย
4.ย
5.ย
SUBSTANTIAL ADDITIONS TO MOBILE HOME PARKS
SUBSTANTIAL IMPROVEMENTS
SUBSTANTIVE CERTIFICATION
SWIMMING POOL
1.ย
2.ย
3.ย
4.ย
TEMPORARY PROTECTION
TOTAL BASAL AREA
TREE
TREE REMOVAL
1.ย
2.ย
3.ย
4.ย
5.ย
6.ย
7.ย
8.ย
9.ย
10.ย
TREE REMOVAL APPLICATION
TREE REMOVAL APPLICATION FEE
TREE REMOVAL PERMIT
TREE REPLACEMENT PROCEDURES
USE
1.ย
2.ย
3.ย
UTILITIES
VARIANCE
VEGETATIVE PROTECTION
WATERCOURSE
WETLANDS
WIND ENERGY SYSTEM
WIND GENERATOR
WIND, SOLAR OR PHOTOVOLTAIC ENERGY FACILITY OR STRUCTURE
WIRELESS TELECOMMUNICATION TOWER
WIRELESS TELECOMMUNICATIONS EQUIPMENT COMPOUND
WOODED LOT
WOODLAND MANAGEMENT PLAN
WOODLANDS
1.ย
2.ย
3.ย
YARD
1.ย
2.ย
3.ย
4.ย
ZONING OFFICIAL/OFFICER
ZONING PERMIT
As used in this chapter:
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.
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.
Shall mean a way for vehicular and foot traffic leading from
any street.
Shall mean 43,560 square feet.
Shall mean the New Jersey Municipal Land Use Law, Chapter
291 of the Laws of 1975, as supplemented and amended.
Shall mean the Clerk of the municipality unless a different
municipal official or officials are designated by ordinance or statute.
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.
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.
Shall mean a minor right-of-way providing secondary vehicular
access to the side or rear of two or more properties.
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:
Alteration of interior partitions to improve livability in nonconforming
residential buildings, provided no additional dwelling units are created
thereby.
Alteration of interior partitions in all other types of buildings
or other structures.
Constructing windows or doors in exterior walls.
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.
Removal of the building from one location to another.
Shall mean a person, partnership, corporation, or public
agency requesting permission to engage in land development or land
disturbance.
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 ยงย 2]
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.
Shall mean the Union Township Planning Board unless a different
agency is designated by ordinance when acting pursuant to the authority
of the Act.
Shall mean the total area of a sign including all borders
and trim but not structural elements.
Shall mean the cross sectional area of a tree measured at
a point 4.5 feet above the surface of the natural grade.
See Site Area, Base.
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.
See Sign, Outdoor Advertising.
Shall mean the Union Township Board of Adjustment established
pursuant to Section 56 (C. 40:55D-69) of the Act.
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).
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.
Shall mean a combination of materials to form a construction
adapted to permanent, temporary, or continuous occupancy and having
a roof.
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.
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;
Shall mean a measurement of the size of a tree equal to the
diameter of its trunk measured 4ย 1/2 feet above natural grade.
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]
The transportation of cannabis items and related supplies
to a consumer. โCannabis deliveryโ 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]
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]
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]
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
[Added 6-16-2021 by Ord. No. 2021-5]
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]
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]
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]
Shall mean a governmental acquisition of real property or
major construction project.
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 6ย 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.
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.
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.
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.).
Shall mean any the removal of more than 20% of all standing
trees on a lot, parcel or site within any twenty-year period.
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.
Shall mean the New Jersey Council on Affordable Housing.
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.
Shall mean a general plan, sufficiently detailed for discussion
purposes.
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.
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.
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.
Shall mean immediately adjacent, abutting, bordering, and/or
sharing a common property line.
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.
Shall mean development other than planned development.
Shall mean a lot which has an interior angle of less than
135ยฐ 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 135ยฐ. Front yards are required on both
streets, the remaining yards are to be side yards.
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.
Shall mean the Hunterdon County Planning Board, as defined
in Section 1 of P.L. 1968, c. 285 (C. 40:27-6.1).
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.
Shall mean a street which intersects another street at one
end and terminates at the other end in a vehicular turnaround.
Shall mean calendar days.
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.
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.
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.
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.
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.
See "Application for development."
[Ord. No. 2014-3 ยงย 2]
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.
Shall mean the diameter of a tree measured at a point 4.5
feet above the surface of the natural grade.
Shall mean any direct glare source visible from a height
above five feet at the subject property line.
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.
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.
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.
Shall mean a line connecting points on the ground that lie
directly beneath the ends of the outermost stems of a tree.
Shall mean a private strip of land, generally graded, intended
for use as a means of vehicular or pedestrian access to an individual
lot.
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.
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.
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.
Shall mean the lowest horizontal line of a sloping roof.
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.
Shall mean a man-made deposit of soil, rock, or other materials.
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.
Shall mean the Zoning Officer, Construction Official or other
individual appointed by the municipality to enforce this chapter within
the jurisdiction of the municipality.
Shall mean a municipal advisory board created pursuant to
P.L. 1968, C. 245 (C. 40:56A-1 et seq.).
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.
Shall mean the process by which soil and bedrock are worn
away.
Shall mean an act by which soil or soils are cut into, dug,
quarried, uncovered, removed, displaced or relocated.
Shall mean the vertical location of the existing ground surface
prior to cutting or filling.
Shall mean all existing lots identified and recorded in the
Township's Map as of the date of adoption of this ordinance.[1]
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.
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.
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.
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.).
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.
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.
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.
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.
Shall mean the final elevation of the ground surface conforming
to the proposed design.
Shall mean a general and temporary condition of partial or
complete inundation of normally dry land areas from:
(a)
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The overflow of inland or tidal waters and/or
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(b)
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The unusual and rapid accumulation or runoff of surface waters
from any source.
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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.
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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.
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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.
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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.
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Shall mean the 100 year flood elevation, plus a free board
safety factor of 1ย 1/2 feet.
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 ยง 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.
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 ยงย 1]
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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.
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:
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.
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 ยง 30-6.
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.
Shall mean the sum of the area of all floors of buildings
or structures to the total area of the site.
Shall mean a unit of illuminance on a surface one foot square
in area onto which there is a uniform flux of one lumen.
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.
Shall mean a margin of safety, expressed in feet above the
100-year flood elevation.
Shall mean a light fixture with cutoff optics that allows
no light emissions above a vertical cutoff angle of ninety (90ยฐ)
degrees and a maximum of ten (10%) percent of numeric value of the
lamp lumen output radiates over an eighty (80ยฐ) 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.
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.
Shall mean the Township Committee, the chief legislative
body of the municipality.
Shall mean any stripping, cutting, filling, stockpiling,
or any combination thereof and shall include the land in its cut or
filled condition.
Shall mean a permit issued to authorize work to be performed
under this chapter in situations not requiring subdivision or site
plan approval.
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.
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.
Shall mean the first floor of a building other than a cellar
or basement.
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.
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.
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.
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.
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.
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.
Shall mean as defined under ยง 30-5.5hl, H-1 Home Occupation.
[Ord. No. 2015-6 ยงย 1]
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.
Shall mean Illuminating Engineering Society of North America.
An organization that provides standards for the lighting industry.
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.
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.
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.
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.
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.
Shall mean an undeveloped substandard lot in separate ownership
from surrounding property.
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.
Shall mean and include improvements and fixtures on, above
or below the surface.
Shall mean trees that are of unique ecological or aesthetic
value, as determined by the Planning Board, and therefore constitute
an important community resource.
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.
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 ยง 30-7.5.
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.
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.
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.
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Lot Line, Front. See Street line.
Lot Line, Rear. Any lot line which is parallel to or within
45ยฐ 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.
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.
Shall mean the lowest floor of the enclosed area, including
basement.
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.
Shall mean any subdivision not classified as a minor subdivision.
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. ยง 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.
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.
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.
Shall mean a meteorological tower used for gathering atmospheric
information, such as wind speed and direction.
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.
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 "PODSยฎ" are considered
as mobile homes.
[Ord. No. 2015-6 ยงย 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:
The construction and maintenance of streets;
Lighting of streets and other common areas;
Garbage removal;
Snow removal; and
Provisions for the drainage or surface water from home sites
and common areas.
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]
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.
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.
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.
Shall mean the Township of Union.
Shall mean the ground surface in its original state before
any grading, excavation or filling.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Shall mean a map adopted by ordinance pursuant to New Jersey
MLUL Chapter 291, Article 5 (C. 40:55D-32 et seq.).
Shall mean located on the lot in question.
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.
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 are commercial uses per ยง 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.
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.
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.
Shall mean light fixture suitable for outside use.
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.
Shall mean the top of a building wall or facade which is
raised above the roof.
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.
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.
Shall mean natural persons, corporations and all other entities.
Shall mean the Union Township Planning Board established
pursuant to Section 14 (C. 40:55D-23) of the Act.
Shall mean a map or maps of a subdivision or site plan.
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.
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.
Shall mean any tax parcel within a municipality.
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.
Shall mean the main purpose for which a lot or building,
or portion of a lot or building, is used.
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.
Shall mean:
Shall mean a master plan, capital improvement program or
other proposal for land development adopted by the appropriate public
body, or any amendment thereof.
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.
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.
Shall mean the majority of the full authorized membership
of a municipal agency.
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.
Shall mean a space allocated for the collection and storage
of source separated recyclable materials.
Shall mean a facility and all associated equipment that engages
in the production of electric energy from solar technologies, photovoltaic
technologies, or wind energy.
Shall mean any deciduous or evergreen woody plant of the
caliper required in this chapter, planted for the purpose of replacing
trees, removed.
See ยง 30-6.4a3(b)(5), Resource Protection Ratio.
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.
Shall mean the number of dwelling units per gross acre of
residential land area including streets, easements and open space
portions of a development.
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.
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 "PODSยฎ" are not considered as residential sheds.
[Ord. No. 2015-6 ยงย 1]
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.
Shall mean:
Shall mean a pond, pool or basin used for the permanent storage
of water runoff.
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.
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.
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.
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.
Shall mean the cross sectional dimension of the circle swept
by the rotating blades of a wind-powered energy generator.
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.
Shall mean a barrier or dam built across a waterway or at
other suitable locations to retain rock, sand, gravel, silt, or other
material.
Shall mean a reservoir space allotted to the accumulation
of submerged sediment during the life of a structure.
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.
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.
Shall mean a single or multi-stem woody plant having a mature
height of less than 20 feet.
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.
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.
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.
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.
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.
Shall mean the sketch map of a subdivision used for the purpose
of classification and meeting the requirements of this chapter.
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.
Shall mean degree of deviation of a surface from the horizontal,
usually expressed in percent.
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.
Shall mean all unconsolidated mineral and organic matter
of whatever origin that underlies bedrock and which can be readily
excavated.
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.
Shall mean a facility and all associated equipment that engages
in the production of electric energy from solar or photovoltaic technologies.
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.
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;
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.
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.
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.
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]
Local Streets.
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.
Residential collector, a street which carries residential neighborhood,
traffic, but which provides no or limited residential frontage.
Residential subcollector, a street providing access to abutting
properties and may also conduct traffic from residential streets that
intersect it.
Residential access, designed to serve the properties fronting
thereon, generally to discourage through traffic.
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.
Driveway, generally a private way for vehicular and pedestrian
access between a public street and a parking area within a lot or
property.
Cul-de-sac, a local street intersecting another street at one
end and terminating in a vehicular turnaround at the other end.
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.
Marginal access street.
Private roads.
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.
Shall mean any activity which removes or disturbs the vegetative
surface cover including clearing and grubbing operations.
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.
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.
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.
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.
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.
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.
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 ยง 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.
Shall mean stabilization of erosive or sediment producing
materials.
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: แดจr2 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.
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.
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
Flooding or changes in natural soil moisture.
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.
Shall mean the fee, as approved by the Township Committee,
to be collected with each tree removal application submitted to the
Township of Union.
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.
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.
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.
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).
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.
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.
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.
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.
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.
Shall mean equipment that converts energy from the wind into
electricity. This term includes the rotor, blades and associated mechanism.
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.
Shall mean a vertical structure designed to support wireless
telecommunications antennas which may be of monopole or self-supporting
or guyed lattice construction.
Shall mean a fenced-in area which houses wireless telecommunications
buildings, antennas, equipment and/or towers.
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.
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.
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:
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:
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.
Shall mean the Zoning Officer of the Township of Union, Hunterdon
County.
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 ยง 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.
[Ord. No. 85-9, ยงย 300; Ord. No. 2005-10, ยงย 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.
[Ord. No. 85-9, ยงย 301; Ord. No. 86-8, ยงย 1; Ord. No. 99-14, ยงย 1A; Ord. No. 2000-11, ยงย 2; Ord. No. 2005-10, ยงย 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.
|
[Ord. No. 85-9, ยงย 1; Ord. No. 86-4, ยงย 2; Ord. No. 86-5, ยงย 1; Ord.
No. 86-8, ยงย 1; Ord. No.
87-13; Ord. No. 88-6, ยงย 1; Ord. No. 90-2,
ยงย 2; Ord. No. 91-7, ยงย 6; Ord. No. 2-94, ยงย 1; Ord. No. 98-12, ยงย 3; Ord. No. 99-14, ยงย 1B; Ord. No. 2000-2, ยงย 2; Ord. No. 2000-11, ยงย 1; Ord. No. 2000-13, ยงย 1; Ord. No. 2001-2, ยงย 5; Ord. No. 2001-6, ยงย 3; Ord. No. 2005-10, ยงย I; Ord. No. 2006-6, ยงย I.]
a.ย
Zoning Map Adopted. Districts are bounded and defined as shown in
the map entitled "Land Use Plan โ 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 ยงย 1]
b.ย
Zoning Map Amendments.
1.ย
Ord.
No. 2022-10: The zoning districts map entitled โLand Use Plan
โ Union Township, Hunterdon County, New Jersey,โ 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.
c.ย
Prior Zoning Map History: Prior to Ord. No. 2014-3, Zoning Map ordinances
included the following:
[Ord. No. 85-9, ยงย 303; Ord. No. 2005-10, ยงย I]
Whereby uncertainty exists with respect to the boundaries of
the district as indicated on the Zoning Map, the following rules shall
apply:
a.ย
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.
b.ย
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.
c.ย
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.
[Ord. No. 85-9, ยงย 304; Ord. No. 86-8, ยงย 1; Ord. No. 90-2, ยงย 2; Ord.
No. 99-14, ยงย 1C; Ord.
No. 2000-11, ยงย 3; Ord.
No. 2005-10, ยงย I]
a.ย
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.
b.ย
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.
c.ย
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.
d.ย
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.
e.ย
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.
f.ย
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.
g.ย
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.
h.ย
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.
i.ย
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.
j.ย
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.
k.ย
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.
l.ย
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.
m.ย
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.
n.ย
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.
o.ย
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]
[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.
[Ord. No. 2006-4, ยงย I; Ord. No. 2011-10, ยงย 2; Ord. No. 2015-6 ยงย 2]
In the WM Watershed Management District, the following regulations
shall apply:
a.ย
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.
1.ย
Uses by Right. Any of the following uses shall be permitted provided the Use Regulations, ยง 30-5, of this chapter have also been met:
(a)ย
A-1 Agriculture and horticulture.
(b)ย
A-3 Forestry.
(c)ย
A-6 Agricultural sales/farm stands.
(d)ย
B-1 Single-family detached residences.
(e)ย
B-9 Residential conversion.
(f)ย
B-11 Community residence.
(g)ย
C-5 Recreational facility.
(h)ย
H-1 Home occupation.
(i)ย
H-2 Residential accessory structure.
(j)ย
H-4 Accessory building.
(k)ย
H-5 Temporary structure.
(l)ย
H-6 Swimming pool.
(m)ย
H-9 Recreational vehicles.
(n)ย
H-10 Accessory use for agricultural purposes.
(o)ย
F-6 Renewable energy facility, accessory use.
b.ย
Table of Performance Regulations. All regulations must be met. These regulations may be less strict than other performance standards in ยง 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
|
โ
|
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
|
โ
|
0.05
|
9.0 acres
|
9.0 acres
|
Other Uses
|
0.09
|
โ
|
0.03
|
9.0 acres
|
9.0 acres (1)
|
Footnotes:
| |
(1)
|
Or otherwise as required for each specific use in ยง 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.
|
c.ย
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)
| ||
---|---|---|---|---|---|---|---|
Front
|
Side
|
Rear
| |||||
WM Watershed Management
| |||||||
Single-Family Detached
|
9.0 acres
|
350 feet
|
60
|
35 feet or 2ย 1/2 stories
|
100
|
100
|
100
|
Single-Family Detached Cluster
|
2.0 acres
|
150 feet
|
60
|
35 feet or 2ย 1/2 stories
|
75
|
35
|
100
|
Agricultural
|
9.0 acres
|
350 feet
|
60
|
35 feet or 2ย 1/2 stories
|
100
|
100
|
100
|
Other Uses
|
9.0 acres (2)
|
350 feet
|
60
|
35 feet or 2ย 1/2 stories
|
100
|
100
|
100
|
Footnotes:
| |
(1)
|
Whichever is less.
|
(2)
|
Or otherwise as required for each specific use in ยง 30-5 herein, if they are greater.
|
[Ord. No. 2006-4, ยงย I; Ord. No. 2011-10, ยงย 3; Ord. No. 2015-6 ยงย 2]
In the CM Conservation Management District, the following regulations
shall apply:
a.ย
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.
1.ย
Uses by Right. Any of the following uses shall be permitted provided the use regulations, ยง 30-5, of this chapter have also been met:
(a)ย
A-1 Agriculture and horticulture.
(b)ย
A-3 Forestry.
(c)ย
A-6 Agricultural sales/farm stands.
(d)ย
B-1 Single-family detached residences.
(e)ย
B-9 Residential conversion.
(f)ย
B-11 Community residence.
(g)ย
C-5 Recreational facility.
(h)ย
H-1 Home occupation.
(i)ย
H-2 Residential accessory structure.
(j)ย
H-4 Accessory building.
(k)ย
H-5 Temporary structure.
(l)ย
H-6 Swimming pool.
(m)ย
H-9 Recreational vehicles.
(n)ย
H-10 Accessory use for agricultural purposes.
(o)ย
H-11 Accessory apartment.
(p)ย
F-6 Renewable energy facility, accessory use.
2.ย
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 ยง 30-10 in addition to ยง 30-5, Use Regulations, of this chapter:
(a)ย
A-4 Riding Academy.
(1)ย
A maximum of one horse per two acres shall be permitted in the
Conservation Management Districts.
(b)ย
A-5 Kennel.
(c)ย
B-7 Single-family detached cluster.
(d)ย
E-8 Bed and Breakfast.
(1)ย
Bed and breakfast uses will be permitted in existing historic
houses.
(e)ย
E-12 Veterinary office or clinic.
b.ย
Table of performance regulations. All regulations must be met. These regulations may be less strict than other performance standards in ยง30-6, 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
|
โ
|
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
|
โ
|
0.05(3)
|
8.3
|
8.3
|
Other uses 3 acres(1)
|
0.12
|
โ
|
0.03(3)
|
8.3
|
8.3
|
NOTES:
| |
(1)
|
Or otherwise as required for each specific use in ยงย 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 1ย 1/2 inches. For lots less than
8.3 acres, in no instance is the impervious coverage to exceed 10,846
square feet.
|
c.ย
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
| ||
---|---|---|---|---|---|---|---|
Front
|
Side
(feet)
|
Rear
| |||||
CM Conservation Management
| |||||||
Single-Family Detached
|
8.3 acres
|
200 feet
|
60
|
35 feet or 2ย 1/2 stories
|
75
|
50
|
100
|
Single-Family Detached Cluster
|
1.5 acres
|
150 feet
|
60
|
35 feet or 2ย 1/2 stories
|
75
|
35
|
100
|
Agricultural
|
8.3 acres
|
300 feet
|
60
|
35 feet or 2ย 1/2 stories
|
75
|
50
|
100
|
Other Uses
|
8.3 acres
|
300 feet
|
60
|
35 feet or 2ย 1/2 stories
|
75
|
50
|
100
|
Footnotes:
| |
(1)
|
Whichever is less.
|
[Ord. No. 2006-4, ยงย 1; Ord. No. 2011-10, ยงย 4; Ord. No. 2015-6 ยงย 2]
In the AP-1 Agricultural Preservation 1 District, the following
regulations shall apply:
a.ย
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.
1.ย
Uses by Right. Any of the following uses shall be permitted provided the Use Regulations, ยง 30-5, of this chapter have also been met:
(a)ย
A-1 Agriculture and horticulture.
(b)ย
A-2 Intensive agriculture.
(c)ย
A-3 Forestry.
(d)ย
A-6 Agricultural sales/farm stands.
(e)ย
B-1 Single-family detached residences.
(f)ย
B-9 Residential conversion.
(g)ย
G-11 Community residence.
(h)ย
C-5 Recreational facility.
(i)ย
H-1 Home occupation.
(j)ย
H-2 Residential accessory structure.
(k)ย
H-4 Accessory building.
(l)ย
H-5 Temporary structure.
(m)ย
H-6 Swimming pool.
(n)ย
H-9 Recreational vehicles.
(o)ย
H-10 Accessory use for agricultural purposes.
(p)ย
H-11 Accessory apartments.
(q)ย
F-6 Renewable energy facility, accessory use.
2.ย
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 ยง 30-10, in addition to ยง 30-5, Use Regulations, of this chapter:
(a)ย
A-4 Riding Academy.
(1)ย
A maximum of one horse per two acres shall be permitted in the
Agricultural Preservation Districts.
(b)ย
A-5 Kennel.
(c)ย
B-7 Single-family detached cluster.
(d)ย
E-8 Bed and Breakfast.
(1)ย
Bed and breakfast uses will be permitted in existing historic
houses.
(e)ย
E-12 Veterinary office or clinic.
b.ย
Table of performance regulations. All regulations must be met. These regulations may be less strict than other performance standards in ยง 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
|
โ
|
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
|
โ
|
0.05(6)
|
6
|
6 acres
|
Other uses
|
0.12
|
โ
|
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 ยง 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.
|
c.ย
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
| ||
---|---|---|---|---|---|---|---|
Front
|
Side
|
Rear
| |||||
AP-1 Agricultural Preservation 1
| |||||||
Single-Family Detached
|
1.5 acres
|
200 feet
|
35 feet or 2ย 1/2 stories
|
70
|
35
|
100
|
โ
|
Single-Family Detached Cluster
|
30,000 square feet (2)
1.5 acres (3)
|
125 feet
|
35 feet or 2ย 1/2 stories
|
50
|
25
|
50
|
50 feet
|
Agricultural Uses
|
6 acres
|
200 feet
|
35 feet or 2ย 1/2 stories
|
75
|
50
|
100
|
โ
|
Other Uses
|
10 acres
|
200 feet
|
35 feet or 2ย 1/2 stories
|
75
|
50
|
100
|
โ
|
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.
|
[Ord. No. 2006-4, ยงย I; Ord. No. 2011-10, ยงย 5; Ord. No. 2015-6 ยงย 2]
In the AP-2 Agricultural Preservation 2 District, the following
regulations shall apply:
a.ย
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.
1.ย
Uses by Right. Any of the following uses shall be permitted provided the Use Regulations, ยง 30-5, of this chapter have also been met:
(a)ย
A-1 Agriculture and horticulture.
(b)ย
A-2 Intensive agriculture.
(c)ย
A-3 Forestry.
(d)ย
A-6 Agricultural sales/farm stands.
(e)ย
B-1 Single-family detached residences.
(f)ย
B-9 Residential conversion.
(g)ย
B-11 Community residence.
(h)ย
C-5 Recreational facility.
(i)ย
H-1 Home occupation.
(j)ย
H-2 Residential accessory structure.
(k)ย
H-4 Accessory building.
(l)ย
H-5 Temporary structure.
(m)ย
H-6 Swimming pool.
(n)ย
H-9 Recreational vehicles.
(o)ย
H-10 Accessory use for agricultural purposes.
(p)ย
H-11 Accessory apartments.
(q)ย
F-6 Renewable energy facility, accessory use.
b.ย
Table of performance regulations. All regulations must be met. These regulations may be less strict than other performance standards in ยง30-6, 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) (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
|
โ
|
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
|
โ
|
0.05(6)
|
6
|
6 acres
|
Other uses
|
0.12
|
โ
|
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 ยง 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.
|
c.ย
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
| ||
---|---|---|---|---|---|---|---|
Front
|
Side
|
Rear
| |||||
AP-2 Agricultural Preservation 2
| |||||||
Single-Family Detached
|
1.5 acres
|
200 feet
|
35 feet or 2ย 1/2 stories
|
70
|
35
|
100
|
โ
|
Single-Family Detached Cluster
|
30,000 square feet (2) 1.5 acres (3)
|
125 feet
|
35 feet or 2ย 1/2 stories
|
50
|
25
|
50
|
50 feet
|
Agricultural Uses
|
6 acres
|
200 feet
|
35 feet or 2ย 1/2 stories
|
75
|
50
|
100
|
โ
|
Other Uses
|
10 acres
|
200 feet
|
35 feet or 2ย 1/2 stories
|
75
|
50
|
100
|
โ
|
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.
|
[Ord. No. 2006-4, ยงย I; Ord. No. 2006-6, ยงย II; Ord. No. 2011-10, ยงย 6; Ord. No. 2015-6 ยงย 2]
In the CR Country Residential District, the following regulations
shall apply:
a.ย
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.
1.ย
Uses by Right. Any of the following uses shall be permitted provided the Use Regulations, ยง 30-5, of this chapter have also been met:
(a)ย
A-1 Agriculture and horticulture.
(b)ย
A-3 Forestry.
(c)ย
A-6 Agricultural sales/farm stands.
(d)ย
B-1 Single-family detached residences.
(e)ย
B-7 Single-family detached cluster.
(f)ย
B-11 Community residence.
(g)ย
C-4 Library or museum.
(h)ย
C-5 Recreational facility.
(i)ย
H-1 Home occupation.
(j)ย
H-2 Residential accessory structure.
(k)ย
H-4 Accessory building.
(l)ย
H-5 Temporary structure.
(m)ย
H-6 Swimming pool.
(n)ย
H-9 Recreational vehicles.
(o)ย
H-11 Accessory apartment.
(p)ย
B-12 Continuing care facilities.
(q)ย
F-6 Renewable energy facility, accessory use.
[Ord. No. 2015-6, ยงย 2]
b.ย
Table of Performance Regulations. These regulations below may be less strict than the performance standards in ยง 30-6, Environmental Performance Standards; however, where the environmental performance standards in ยง 30-6 are more strict than the standards in this subsection, the environmental protection standards in ยง 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
|
โ
|
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
|
โ
|
0.35
|
5 acres
|
5 acres (1)
|
Footnotes:
| |
(1)
|
Or otherwise as required for each specific use in ยง 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.
|
c.ย
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)
| ||
---|---|---|---|---|---|---|
Front
|
Side
|
Rear
| ||||
CR District
| ||||||
Single-Family Detached
|
2 acres
|
200
|
35 feet or 2ย 1/2 stories
|
75
|
35
|
100
|
Single-Family Detached Cluster
|
1.5 acres
|
150
|
35 feet or 2ย 1/2 stories
|
75
|
35
|
100
|
Other Uses
|
5 acres
|
200(2)
|
35 feet or 2ย 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 ยง 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 ยง 30-22 for residential collector streets, however, the pavement width shall not be less than 24 feet with no parking permitted on the cartway.
|
[Ord. No. 2006-4, ยงย I; Ord. No. 2011-10, ยงย 7; Ord. No. 2015-6 ยงยงย 2, 3]
In the VR Village Residential District, the following regulations
shall apply:
a.ย
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.
1.ย
Uses by Right. Any of the following uses shall be permitted provided the Use Regulations, ยง 30-5, of this chapter have also been met:
(a)ย
A-1 Agriculture and horticulture.
(b)ย
A-3 Forestry.
(c)ย
A-6 Agricultural sales/farm stands.
(d)ย
B-1 Single-family detached residences.
(f)ย
B-3 Duplex.
(g)ย
B-7 Single-family detached cluster.
(h)ย
B-10 Age restricted housing.
(i)ย
B-11 Community residence.
(j)ย
B-12 Continuing care facility.
(k)ย
C-4 Library or museum.
(l)ย
C-5 Recreational facility.
(m)ย
C-7 Golf course.
(n)ย
C-9 Community center.
(o)ย
C-11 Nursing home.
(p)ย
C-13 Municipal building.
(q)ย
H-1 Home occupation.
(r)ย
H-2 Residential accessory structure.
(s)ย
H-4 Accessory building.
(t)ย
H-5 Temporary structure.
(u)ย
H-6 Swimming pool.
(v)ย
H-9 Recreational vehicles.
(w)ย
H-11 Accessory apartment.
(x)ย
F-6 Renewable energy facility, accessory use.
b.ย
Table of Performance Regulations. All regulations must be met. These regulations below may be less strict than the performance standards in ยง 30-6, Environmental Performance Standards; however, where the environmental performance standards in ยง 30-6 are more strict than the standards in this subsection, the environmental protection standards in ยง 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
|
โ
|
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)
|
โ
|
0.25(6)
|
4,500 square feet(6)
|
4,500 square feet (2)(6)
|
Other Uses
|
โ
|
โ
|
0.15
|
5 acres
|
5 acres (2)
|
Footnotes:
| |
(1)
|
See ยง 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 ยง 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 ยงย 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] |
c.ย
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
| ||
---|---|---|---|---|---|---|---|---|
Front
|
Side
|
Rear
| ||||||
VR District
| ||||||||
Single-Family Detached
|
2 acres(2)
|
125 feet(2)
|
35 feet or 2ย 1/2 stories
|
25(2)
|
20(2)
|
60(2)
|
30 feet(2)
| |
Single-Family Detached Cluster
|
1.5 acres
|
110 feet
|
35 feet or 2ย 1/2 stories
|
20
|
15
|
40
|
30 feet
| |
Other Residential Uses(3)
|
4,500 square feet(3)
|
45 feet(3)
|
35 feet or 2ย 1/2 stories
|
25(3)
|
10(3)
|
25(3)
|
20 feet(3)
| |
Other Uses
|
5 acres
|
150 feet
|
35 feet or 2ย 1/2 stories
|
0.125
|
50
|
25
|
50
|
โ
|
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] |
[Ord. No. 2015-6 ยงย 2]
In the RM Multi-Family Residential District, the following regulations
shall apply:
a.ย
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.
1.ย
Uses by Right. Any of the following uses shall be permitted provided the Use Regulations, ยง 30-5, of this chapter have also been met:
(a)ย
A-1 Agriculture and horticulture.
(b)ย
A-3 Forestry.
(c)ย
A-6 Agricultural sales/farm stands.
(d)ย
B-1 Single-family detached residences.
(e)ย
B-2 Twin house.
(f)ย
B-3 Duplex.
(g)ย
B-4 Townhouse duplex.
(h)ย
B-5 Townhouse.
(i)ย
B-6 Multiplex.
(j)ย
B-7 Single-family detached cluster.
(k)ย
B-8 Performance subdivision.
(l)ย
B-9 Residential conversion.
(m)ย
B-10 Age Restricted housing.
(n)ย
B-11 Community residence.
(o)ย
B-12 Continuing care facilities.
(p)ย
C-5 Recreational facility.
(q)ย
C-9 Community center.
(r)ย
C-10 Child care center.
(s)ย
C-11 Nursing home.
(t)ย
F-2 Emergency services.
(u)ย
H-1 Home occupation.
(v)ย
H-2 Residential accessory structure.
(w)ย
H-3 Boarding.
(x)ย
H-5 Temporary structure.
(y)ย
H-6 Swimming pool.
(z)ย
H-11 Accessory apartment.
(aa)ย
F-6 Renewable energy facility, accessory use.
2.ย
Uses by Conditional Approval. None.
b.ย
Table of Performance Regulations. The regulations below may be less strict than the performance standards in ยง 30-6, Environmental Performance Standards, however, where the environmental performance standards in ยง 30-6 are more strict than the standards in this subsection, the environmental protection standards in ยง 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
|
โ
|
0.03
|
1.5 acres
|
1.5 acres
|
Other Uses
|
โ
|
โ
|
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 ยง 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.
|
c.ย
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)
| ||
---|---|---|---|---|---|---|---|---|
Front
|
Side
|
Rear
| ||||||
Performance Subdivision
| ||||||||
Single-Family Detached
|
9,000 square feet
|
50
|
35 feet or 2ย 1/2 stories
|
30
|
15
|
30
|
35
| |
Twin House
|
4,500 square feet
|
45
|
35 feet or 2ย 1/2 stories
|
25
|
10(1)
|
25
|
20
| |
Town House
|
2,500 square feet
|
24
|
35 feet or 2ย 1/2 stories
|
20
|
10(2)
|
30
|
30
| |
Town House Duplex
|
2,000 square feet
|
24
|
35 feet or 2ย 1/2 stories
|
20
|
10(2)
|
30
|
30
| |
Multiplex
|
2,500 square feet (3)
|
30
|
35 feet or 2ย 1/2 stories
|
25
|
20(2)
|
30
|
40
| |
Other Uses
|
2 acres
|
100
|
35 feet or 2ย 1/2 stories
|
0.10
|
50
|
25
|
50
|
โ
|
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 ยง 30-6.5a3 regarding common wastewater disposal systems on lots smaller than 1.5 acres.
|
d.ย
Additional Requirements for Performance Subdivisions Constructed
as Inclusionary Developments.
1.ย
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.
2.ย
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.
3.ย
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.
4.ย
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)ย
One unit for households whose incomes are between 40% and 42.5%
of the regional median income (low income).
(b)ย
Two units for households whose incomes are between 42.6% and
47.5% of the regional median income (low income).
(c)ย
Three units for households whose incomes are between 47.6% and
50% of the regional median income (low income).
(d)ย
Four units for households whose incomes are between 57.6% and
64.5% of the regional median income (moderate income).
(e)ย
Five units for households whose incomes are between 64.6% and
68.5% of the regional median income (moderate income).
(f)ย
Six units for households whose incomes are between 68.6% and
72.5% of the regional median income (moderate income).
(g)ย
Seven units for households whose incomes are between 72.6% and
77.5% of the regional median income (moderate income).
(h)ย
Eight units for households whose incomes are between 77.6% and
80% of the regional median income (moderate income).
5.ย
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.
|
6.ย
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.
7.ย
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.
8.ย
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.
9.ย
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.ย
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.ย
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.ย
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.ย
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, ยงย 1; Ord. No. 2011-10, ยงย 8; Ord. No. 2015-6 ยงย 2]
[Ord. No. 2006-4, ยงย 1; Ord. No. 2011-10, ยงย 9; Ord. No. 2015-6 ยงย 2]
In the IN Institutional District, the following regulations
shall apply:
a.ย
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.
1.ย
Uses by Right. Any of the following uses shall be permitted provided the use regulations, ยง 30-5 of this chapter, have also been met:
(a)ย
A-3 Forestry.
(b)ย
B-11 Community residence.
(c)ย
B-12 Continuing care facility.
(d)ย
C-2 School.
(e)ย
C-4 Library or museum.
(f)ย
C-5 Recreational facility.
(g)ย
C-6 Athletic facility.
(h)ย
C-14 Correctional institution.
(i)ย
C-15 State police barracks.
(j)ย
D-2 Medical clinic.
(k)ย
F-1 Utility operating facility.
(l)ย
F-2 Emergency services.
(m)ย
F-4 Essential services.
(n)ย
H-4 Accessory building.
(o)ย
H-5 Temporary structure.
(p)ย
H-6 Swimming pool.
(q)ย
H-9 Recreational vehicles.
(r)ย
F-6 Renewable energy facility, accessory use.
b.ย
Table of Area and Dimensional Regulations. The following area and
dimensional regulations shall apply:
2.ย
All Nonresidential Uses:
Dwelling Type
|
Minimum Lot Size (1)
|
Minimum Lot Width
|
Maximum Impervious Surface Ratio
|
Floor Area Ratio (2)
|
Minimum Yards
(feet)
| ||
---|---|---|---|---|---|---|---|
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 ยง 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.
|
[Ord. No. 2006-4, ยงย 1; Ord. No. 2011-10, ยงย 10; Ord. No. 2015-6 ยงย 2]
In the VC Village Commercial District, the following regulations
shall apply:
a.ย
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.
1.ย
Uses by Right. Any of the following uses shall be permitted provided the use regulations, ยง 30-5 of this chapter, have also been met:
(a)ย
B-11 Community residence.
(b)ย
B-12 Continuing care facility.
(c)ย
C-1 Place of worship.
(d)ย
C-6 Athletic facility.
(e)ย
C-10 Child care center.
(f)ย
C-11 Nursing home.
(g)ย
D-1 Professional services.
(h)ย
D-2 Medical clinic.
(i)ย
D-3 Office.
(j)ย
E-1 Retail shop.
(k)ย
E-2 Service business.
(l)ย
E-3 Financial establishment.
(m)ย
E-4 Eating place.
(n)ย
E-5 Repair shop.
(o)ย
E-9 Entertainment.
(p)ย
E-11 Convenience shopping.
(q)ย
E-15 Electronic publishing.
(r)ย
F-2 Emergency services.
(s)ย
G-1 Trades.
(t)ย
H-1 Home occupation.
(u)ย
H-4 Accessory building.
(v)ย
H-5 Temporary structures.
(w)ย
H-8 Dwelling in combination with a business.
(x)ย
F-6 Renewable energy facility, accessory use.
2.ย
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 ยง 30-10, in addition to ยง 30-5, Use Regulations, of this chapter:
(a)ย
A-4 Riding academy.
(b)ย
A-5 Kennel.
(c)ย
A-6 Agricultural sales/farm stand.
(d)ย
C-3 Commercial school.
(e)ย
E-6 Hotel.
(f)ย
E-7 Inn.
(g)ย
E-8 Bed and Breakfast.
(1)ย
Bed and breakfast uses will be permitted in existing historic
houses.
(h)ย
E-10 Tavern.
(i)ย
E-12 Veterinary office or clinic.
(j)ย
E-13 Farmer's market.
(k)ย
F-1 Utility operating facility.
(l)ย
F-5 Wireless telecommunication antennas, equipment and/or towers.
(m)ย
F-6 Renewable energy facility, conditional use.
b.ย
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 2ย 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.
|
[Ord. No. 2006-4, ยงย 1; Ord. No. 2011-10, ยงย 11; Ord. No. 2015-6 ยงย 2]
In the PC Planned Commercial District, the following regulations
shall apply:
a.ย
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.
1.ย
Uses by Right. Any of the following uses shall be permitted provided the Use Regulations, ยง 30-5 of this chapter, have also been met:
(a)ย
A-5 Kennel.
(b)ย
A-6 Agricultural sales/farm stands.
(c)ย
B-11 Community residence.
(d)ย
C-1 Place of worship.
(e)ย
C-3 Commercial school.
(f)ย
C-5 Recreational facility.
(g)ย
C-6 Athletic facility.
(h)ย
C-8 Private club.
(i)ย
C-9 Community center.
(j)ย
C-10 Child care center.
(k)ย
C-11 Nursing home.
(l)ย
D-1 Professional services.
(m)ย
D-2 Medical clinic.
(n)ย
D-3 Office.
(o)ย
D-4 Research.
(p)ย
E-1 Retail shop.
(q)ย
E-2 Service business.
(r)ย
E-3 Financial establishment.
(s)ย
E-4 Eating place.
(t)ย
E-5 Repair shop.
(u)ย
E-6 Hotel.
(v)ย
E-7 Inn.
(w)ย
E-9 Entertainment.
(x)ย
E-10 Tavern.
(y)ย
E-11 Convenience shopping.
(z)ย
E-12 Veterinary office or clinic.
(aa)ย
E-13 Farmer's market.
(bb)ย
E-14 Fabrication and light assembly.
(cc)ย
E-15 Electronic publishing.
(dd)ย
F-2 Emergency services.
(ee)ย
G-1 Contracting/trades.
(ff)ย
H-4 Accessory building.
(gg)ย
H-5 Temporary structures.
(hh)ย
H-8 Dwelling in combination with a business.
(ii)ย
H-11 Accessory apartments.
(jj)ย
F-6 Renewable energy facility, accessory use.
[Ord. No. 2015-6 ยงย 2]
b.ย
Table of Area and Dimensional Regulations. The following area and
dimensional regulations shall apply:
2.ย
All Nonresidential Uses:
3.ย
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)
| ||
---|---|---|---|---|---|---|---|---|---|
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.
|
[Ord. No. 2006-4, ยงย 1; Ord. No. 2011-10, ยงย 12; Ord. No. 2015-6 ยงย 2]
In the OR Office Research District, the following regulations
shall apply:
a.ย
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.
1.ย
Uses by Right. Any of the following uses shall be permitted provided the Use Regulations, ยง 30-5 of this chapter, have also been met:
b.ย
Table of Area and Dimensional Regulations. The following area and
dimensional regulations shall apply:
2.ย
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
| ||
---|---|---|---|---|---|---|---|---|---|---|
Front
|
Side
|
Rear
| ||||||||
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.
|
[Ord. No. 2006-4, ยงย 1; Ord. No. 2011-10, ยงย 13; Ord. No. 2015-6 ยงย 2]
In the PO Professional Office District, the following regulations
shall apply:
a.ย
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.
1.ย
Uses by Right. Any of the following uses shall be permitted provided the Use Regulations, ยง 30-5 of this chapter, have also been met:
(a)ย
B-11 Community residences.
(b)ย
D-1 Professional services.
(c)ย
D-2 Medical clinic.
(d)ย
D-3 Office.
(e)ย
D-4 Research.
(f)ย
E-2 Service business.
(g)ย
E-3 Financial establishment.
(h)ย
E-12 Veterinary office or clinic.
(i)ย
E-15 Electronic publishing.
(j)ย
H-4 Accessory building.
(k)ย
H-5 Temporary structures.
(l)ย
F-6 Renewable energy facility, accessory use.
2.ย
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 ยง 30-10, in addition to ยง 30-5, Use Regulations, of this chapter:
(a)ย
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)ย
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.
b.ย
Table of Area and Dimensional Regulations. The following area and
dimensional regulations shall apply.
2.ย
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)
| ||
---|---|---|---|---|---|---|---|---|
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.
|
[Ord. No. 2006-4, ยงย I; Ord. No. 2011-10, ยงย 14; Ord. No. 2015-6 ยงย 2]
In the Q Quarry District, the following regulations shall apply:
a.ย
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.
b.ย
Area and Dimensional Regulations. The following area and dimensional
regulations shall apply:
2.ย
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)
| |||
---|---|---|---|---|---|---|---|---|---|
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.
|
c.ย
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.
[Ord. No. 2006-4, ยงย I; Ord. No. 2011-10, ยงย 15; Ord. No. 2015-6 ยงย 2]
In the U Utility District, the following regulations shall apply:
a.ย
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.
1.ย
Uses by Right. Any of the following uses shall be permitted provided the Use Regulations, ยง 30-5 of this chapter, have also been met:
b.ย
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.
1.ย
Electric Transmission Lines. The following additional regulations
shall apply to electric transmission:
Whenever an electric company constructs an overhead transmission
line, it shall:
(a)ย
Make use of available railroad or other rights-of-way whenever
practicable, feasible and with safety, subject to agreement with the
owners;
(b)ย
Locate facilities whenever practicable and feasible in accordance
with the topography so as to minimize their appearance;
(c)ย
Establish a program of painting towers initially and periodically
in order to camouflage their appearance as much as possible;
(d)ย
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)ย
Landscape the right-of-way by planting low growing shrubs where
the right-of-way is visible from heavily traveled roads;
(f)ย
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)ย
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.
[Ord. No. 2006-4, ยงย I; Ord. No. 2011-10, ยงย 16; Ord. No. 2015-6 ยงย 2]
In the P Parkland District the following regulations shall apply:
a.ย
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.
1.ย
Uses by Right. Any of the following uses shall be permitted provided the Use Regulations, ยง 30-5 of this chapter, have also been met:
2.ย
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 ยง 30-10, in addition to ยง 30-5, Use Regulations, of this chapter:
(a)ย
F-5 Wireless telecommunication antennas and towers.
(b)ย
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)ย
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.
b.ย
Table of Performance Regulations. All regulations must be met. These regulations may be less strict than other performance standards in ยง 30-6, Environmental Performance Standards, but the strictest regulations shall govern.
Maximum Gross Density
(DU/AC)
|
Minimum Open Space Ratio
|
Maximum Impervious Surface Ratio
|
Minimum Gross Site Area
|
Minimum Lot Area
| |
---|---|---|---|---|---|
P Parkland
| |||||
Agriculture
|
โ
|
โ
|
0.05
|
5 acres
|
5 acres
|
Other Uses
|
โ
|
โ
|
0.03
|
10 acres
|
10 acres (1)
|
Footnotes:
| |
(1)
|
Or otherwise as required for each specific use in ยง 30-5 herein.
|
c.ย
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)
| |||
---|---|---|---|---|---|---|
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 2ย 1/2 stories is permitted.
|
(2)
|
Or otherwise as required for each specific use in ยง 30-5 herein.
|
[Added 12-19-2018 by Ord.
No. 2018-14]
a.ย
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.
b.ย
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.).
c.ย
Accessory uses.
1.ย
Accessory uses and structures customarily incidental to permitted
uses.
2.ย
A property manager's unit, provided the housing type is a permitted
use.
3.ย
Sewerage and sewage treatment, water, fire protection, stormwater
management and other utility facilities.
6.ย
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.
f.ย
Requirements.
1.ย
Minimum tract area: 50 acres.
2.ย
Minimum lot width: 500 feet.
3.ย
Minimum lot depth: 500 feet.
4.ย
Minimum front yard setback: 100 feet.
6.ย
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.
8.ย
Maximum building coverage: 30%.
9.ย
Maximum impervious coverage: 50%.
11.ย
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.ย
Buildings with flat roofs shall be prohibited. Buildings roofs shall
be pitched and may include hipped roofs and gable roofs.
13.ย
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.ย
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.ย
Parking setback from property line: 100 feet.
16.ย
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.ย
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.ย
Street trees shall be provided along all public and private roads.
19.ย
Circulation and parking.
(a)ย
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)ย
Minimum distance to off-street parking space: 10 feet.
(c)ย
Maximum distance between off-street parking space and the unit
served: 200 feet.
(d)ย
Sidewalks shall be provided along all both sides of public and
private streets and interior drives.
[Ord. No. 85-9, ยงย 500]
b.ย
In addition,
the following uses are expressly prohibited in all districts:
[Added 6-16-2021 by Ord. No. 2021-5]
1.ย
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.
[Ord. No. 85-9, ยงย 501; Ord. No. 94-8, ยงย 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.
[Ord. No. 85-9, ยงย 502; Ord. No. 2001-8, ยงย 10]
a.ย
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.
b.ย
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 ยง 30-5.5h6, Temporary Structure.
c.ย
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:
1.ย
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.
2.ย
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.
3.ย
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.
4.ย
The permit shall be issued on a temporary basis only, with annual
renewal for a fee as determined by the Township's fee schedule.
[Ord. No. 98-7, ยงย 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.
[Ord. No. 85-9, ยงย 503; Ord. No. 86-4, ยงย 4; Ord. No. 86-8, ยงย 3; Ord.
No. 88-5, ยงย 4; Ord. No.
88-11, ยงย 3; Ord. No. 91-2, ยงย 1; Ord. No. 91-7, ยงย 1; Ord. No. 93-4,
ยงย 2; Ord. No. 93-11, ยงยงย 2,
3; Ord. No. 96-9, ยงย 1; Ord. No. 96-16, ยงย 2; Ord. No. 96-17, ยงย 2; Ord. No. 96-22, ยงยงย 1, 3; Ord. No. 98-7, ยงย III; Ord. No. 99-14, ยงย 9; Ord. No. 2000-11, ยงยงย 9,
10; Ord. No. 2001-7, ยงย 1; Ord. No. 2001-8, ยงยงย 4, 6,
9, 13, 15, 16; Ord. No. 2006-4,
ยงย II; Ord. No. 2013-5; Ord. No. 2015-06 ยงย 5; Ord. No. 2017-1]
a.ย
Agricultural Uses.
1.ย
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)ย
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)ย
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)ย
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)ย
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)ย
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 ยง 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 ยง 30-7.4 of this chapter.
(c)ย
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)ย
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 ยง 30-5.5h2(g), and subject to the following additional conditions and requirements:
(1)ย
A maximum of six chickens may be kept on a residential lot of
up to one acre.
(2)ย
A maximum of 10 chickens may be kept on a residential lot of
one or more but less than three acres.
(3)ย
A maximum of 15 chickens may be kept on a residential lot of
three or more but less than five acres.
(4)ย
No person shall keep a rooster on any residential lot of less
than five acres in the Township of Union.
(5)ย
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 ยง 30-5.5h2(g) of the Land Use Code.
(6)ย
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)ย
Chickens shall be kept and maintained at all times in a humane
manner and in accordance with good agricultural practices.
(e)ย
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)ย
Such use does not include landscape contracting.
(g)ย
Parking. No less than two off-street parking spaces per dwelling
unit and one space per two employees.
2.ย
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)ย
The minimum site area for such use shall be 10 acres.
(b)ย
Dwellings and accessory farm building and structures shall be
permitted in accordance with the regulations for agriculture and horticulture,
use A-1.
(c)ย
The maximum permitted impervious surface ratio of the site shall
be 9%.
(d)ย
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)ย
Parking. No less than two off-street parking spaces per dwelling
unit and one space per two employees.
3.ย
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)ย
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)ย
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)ย
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)ย
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)ย
Forestry shall not permit the construction of structures.
4.ย
A-4 Riding Academy. Riding academy, livery, or boarding stable, subject
to the following provisions:
(a)ย
A lot area of not less than 10 acres shall be required.
(b)ย
Dwellings and accessory farm buildings shall be permitted in
accordance with the regulations for agriculture and horticulture use
A-1.
(c)ย
No more than one horse per acre shall be permitted.
(d)ย
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)ย
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)ย
Sufficient parking for events shall be available on site. The
parking area shall be temporary and pervious. No street parking shall
be permitted.
5.ย
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)ย
Minimum lot size shall be 10 acres.
(b)ย
No animal shelter or runway shall be located closer than 300
feet to any residential building other than the owner's.
(c)ย
The total number of dogs shall not exceed 25.
(d)ย
Parking. No less than one off-street parking space for each
employee plus one space for each eight animals in capacity.
6.ย
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)ย
Only farm produce may be sold.
(b)ย
Farm produce shall be limited to plant material and crops harvested
from plants.
(c)ย
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)ย
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)ย
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)ย
Sales buildings or stands shall comply with the minimum setback
requirements of district.
(g)ย
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.
b.ย
Residential Uses.
2.ย
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)ย
Parking. All parking shall comply with the Residential Site
Improvement Standards (RSIS) as amended.
3.ย
B-3 Duplex. A duplex house is a detached dwelling within a two dwelling
unit building, with one dwelling above the other, provided:
(a)ย
Parking. All parking shall comply with the Residential Site
Improvement Standards (RSIS) as amended.
4.ย
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)ย
Parking. All parking shall comply with the Residential Site
Improvement Standards (RSIS) as amended.
5.ย
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)ย
A maximum of five dwelling units in a row shall be permitted.
(b)ย
The total length of the row shall not exceed 120 feet.
(c)ย
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)ย
Parking. All parking shall comply with the Residential Site
Improvement Standards (RSIS) as amended.
6.ย
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.
7.ย
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)ย
In the CM, AP-1, AP-2, CR, VR, and RM Districts, the provisions
of B-1, Single-Family Detached Dwellings shall apply.
(b)ย
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)ย
Parking. All parking shall comply with the Residential Site
Improvement Standards (RSIS) as amended.
8.ย
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)ย
General Regulations.
(1)ย
Performance subdivisions shall be of a scale that will maintain
the character of the appropriate district.
(2)ย
The adjacent properties shall be safeguarded by a minimum buffer
of 100 feet;
(3)ย
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)ย
There shall be adequate provision for safe and efficient pedestrian
and vehicular traffic circulation within the boundaries of the site.
(5)ย
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)ย
All parking shall comply with the Residential Site Improvement
Standards (RSIS) as amended.
(7)ย
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
(b)ย
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)ย
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)ย
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
|
9.ย
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)ย
The yard requirements for the district in which the use is located
shall be met.
(b)ย
There shall be a maximum of one residential conversion per residential
building per residential lot.
(c)ย
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)ย
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)ย
The appearance of the conversions shall be in conformance with
the existing structure regarding size, bulk, etc.
(f)ย
Exterior fire escapes and outside stairways shall be located
at the rear or side of the building.
(g)ย
Documentation that the existing well and septic system can accommodate
additional unit demands.
(h)ย
Parking. All parking shall comply with the Residential Site
Improvement Standards (RSIS) as amended. In addition, the following
standards shall be met:
(1)ย
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)ย
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)ย
All drainage on-site shall be handled in accordance with the
recommendations of the Municipal Engineer.
10.ย
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)ย
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)ย
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)ย
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)ย
The tract shall have ready access, by means of streets with
sidewalks or alternate walkways, to existing commercial and professional
areas.
(e)ย
All design and dimensional standards set forth in ยง 30-7.1 of this chapter shall apply for all housing types permitted in the RM Multi-family Residential Districts.
(f)ย
Parking. All parking shall comply with the Residential Site
Improvement Standards (RSIS) as amended.
11.ย
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.ย
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)ย
All inclusionary developments shall restrict the low and moderate
income units for a period of not less than 20 years.
(b)ย
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 and 30% of qualified income for rental housing.
(c)ย
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)ย
One unit for households whose incomes are between 40% and 42.5%
of the regional median income (low income).
(2)ย
Three units for households whose incomes are between 42.6% and
47.5% of the regional median income (low income).
(3)ย
Six units for households whose incomes are between 47.6% and
50% of the regional median income (low income).
(4)ย
One unit for households whose incomes are between 57.6% and
64.5% of the regional median income (moderate income).
(5)ย
One unit for households whose incomes are between 64.6% and
68.5% of the regional median income (moderate income).
(6)ย
One unit for households whose incomes are between 68.6% and
72.5% of the regional median income (moderate income).
(7)ย
Two units for households whose incomes are between 72.6% and
77.5% of the regional median income (moderate income).
(8)ย
Four units for households whose incomes are between 77.6% and
80% of the regional median income (moderate income).
(d)ย
No individual use shall contain more than 250 dwelling units.
(e)ย
The maximum permitted density of development shall not exceed
seven dwelling units per acre.
(f)ย
Not more than 10% of the dwelling units constructed shall contain
more than one bedroom.
(g)ย
A minimum of 0.8 parking space shall be provided per dwelling unit. The provisions of ยง 30-7.2 of the Zoning Ordinance shall also be applicable.
(h)ย
Direct access to a higher order road such as a major or minor
arterial and residential collector street shall be provided.
(i)ย
The facility shall comply with all applicable State and Federal
regulations.
c.ย
Religious, Educational, Recreational, and Institutional Uses.
1.ย
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)ย
Access shall be to a collector or arterial highway as delineated
in the Municipal Master Plan, as adopted.
(b)ย
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)ย
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)ย
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 ยง 30-7.2, herein
(e)ย
Sufficient parking for events shall be available on site. The
parking area shall be temporary and pervious. No street parking shall
be permitted.
2.ย
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)ย
The minimum lot area shall be 10 acres, plus one acre for each
100 students of projected maximum enrollment of the school.
(b)ย
Access shall be into an arterial or collector road as delineated
in the Municipal Master Plan.
(c)ย
Outdoor play areas shall be screened so as to buffer adjacent
residential neighborhoods.
(d)ย
Parking.
(1)ย
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)ย
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)ย
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.
3.ย
C-3 Commercial School. Such use shall include a trade, professional,
martial arts, performing arts, or similar type uses provided:
(a)ย
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 ยง 30-7.2, herein.
4.ย
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:
5.ย
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)ย
No outdoor active recreational area shall be located nearer
to any lot line than 100 feet.
(b)ย
Outdoor play areas shall be adequately buffered.
(c)ย
A concession stand structure or structures shall be allowed
as an accessory structure in recreational facilities operated by a
municipality or other governmental agency.
6.ย
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)ย
The minimum lot size shall be the minimum lot size as permitted
for other uses per each applicable district.
(b)ย
No outdoor active recreational area shall be located nearer
to any lot line than 100 feet.
(c)ย
Outdoor play areas shall be adequately buffered.
(d)ย
Parking.
(1)ย
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 ยง 30-7.2, herein.
7.ย
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:
8.ย
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)ย
The use shall be for members and their authorized guests only.
(b)ย
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 ยง 30-7.2, herein.
9.ย
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)ย
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)ย
No outdoor recreational area shall be located nearer to any
lot line than 100 feet.
(c)ย
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 ยง 30-7.2, herein.
10.ย
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)ย
The minimum lot area shall be the minimum lot size as permitted
for other uses in each applicable district.
(b)ย
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)ย
A maximum of 20 children shall be permitted.
(d)ย
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)ย
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 ยง 30-7.2, herein.
11.ย
C-11 Nursing Home. Such use shall include a licensed nursing or convalescent
home, subject to the following additional provisions:
12.ย
C-12 Cemetery. A cemetery shall include a burial place or graveyard,
including a mausoleum, crematory, or columbarium, provided:
(a)ย
Cemetery Area and Bulk Regulations.
(1)ย
The minimum lot size shall be 25 acres.
(2)ย
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)ย
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)ย
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)ย
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)ย
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)ย
Cemetery Design Standards.
(1)ย
All monuments, headstones, grave markers, etc. shall be flush
with the grade.
(2)ย
The maximum height of mausoleums, columbariums, and other burial
structures shall be 15 feet.
(3)ย
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)ย
For all entrance features, including gates, fountains, statuary,
identification signs, and the like.
(i)ย
There shall be not more than two identification signs at such entrance, and the same shall conform to ยง 30-8.
(ii)ย
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)ย
No such entrance features shall exceed 12 feet
in height.
13.ย
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:
14.ย
C-14 Correctional Institution. Such use shall include a State-operated
correctional institution.
15.ย
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 ยง 30-7.2, herein.
d.ย
Office Uses.
1.ย
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:
2.ย
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:
3.ย
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)ย
The minimum lot area shall be no less than one acre, and the
FAR shall not exceed 0.5 acre.
4.ย
D-4 Research. Such uses shall include a research or testing facility,
and an experimental laboratory, provided:
(a)ย
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 ยง 30-7.2, herein.
e.ย
Retail and Consumer Services Uses.
1.ย
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:
2.ย
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:
3.ย
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:
4.ย
5.ย
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.
6.ย
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)ย
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)ย
The use must have direct access to a collector or arterial street.
(c)ย
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.
7.ย
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)ย
Within the Village Commercial VC District and the Planned Commercial
PC District, the maximum of such rented rooms shall be 15.
8.ย
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.
9.ย
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)ย
The minimum lot area shall be four acres.
10.ย
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:
11.ย
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:
12.ย
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)ย
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.
13.ย
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)ย
The minimum lot area is two acres;
(b)ย
A maximum of 500 square feet of selling area for anyone one
individual farmer or retailer shall be permitted;
(c)ย
Sales are limited to farm products and services, craftsman produced
goods and food services.
(d)ย
A minimum stall size of six by nine feet with aisle widths of
12 feet.
14.ย
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)ย
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 ยง 30-7.2, herein.
15.ย
E-15 Electronic Publishing. Such use shall include electronic printing,
publishing, and binding, provided:
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 ยง 30-7.2, herein.
f.ย
All Common Carriers, Public Utilities, and Public Service Organizations.
1.ย
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)ย
Such installation is essential to serve the Township of Union;
(b)ย
No public business office or any storage yard or storage building
is operated in connection with the use;
(c)ย
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)ย
A fifty-foot buffer yard shall be provided along all property lines in accordance with the buffer requirements in ยง 30-7, herein;
(e)ย
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:
2.ย
F-2 Emergency Services. Emergency services shall include fire, ambulance,
rescue, and other emergency services of a municipal or volunteer nature.
(a)ย
For facilities without a community room, there shall be a minimum
lot size of 1.5 acres.
(b)ย
For facilities with a community room, there shall be a minimum
lot size of three acres.
(c)ย
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 ยง 30-7.2, herein.
3.ย
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.
4.ย
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.
5.ย
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)ย
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)ย
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)ย
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)ย
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)ย
Antenna Modifications, Tower Certification and Abandonment.
(1)ย
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)ย
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)ย
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)ย
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)ย
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)ย
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)ย
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)ย
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)ย
An equipment compound consisting of up to 750 square feet in
area may be erected in support of such antenna arrays provided:
(i)ย
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)ย
The equipment compound shall be situated behind
existing structures, buildings or terrain features which will shield
the compound from public view; or
(iii)ย
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)ย
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)ย
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.
6.ย
F-6 Renewable Energy Facility.
(a)ย
Solar and Photovoltaic Facilities.
[Ord. No. 2015-06 ยงย 4]
(1)ย
General Requirements. The following general requirements shall
apply to solar and photovoltaic facilities, regardless of whether
they are accessory or principal uses.
(i)ย
Solar facilities shall be permitted to be ground
mounted and mounted to principal and accessory structures and buildings.
(ii)ย
Ground-mounted solar facilities which are accessory
uses shall not exceed an area of 6,000 square feet.
(iii)ย
Ground-mounted solar facilities which are principal
uses shall not exceed 50% lot coverage.
(iv)ย
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]ย
The facility shall be principal use. Smaller facilities
(pursuant to the above) shall be accessory uses.
(v)ย
All roof-mounted solar facilities shall be accessory
uses.
(vi)ย
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)ย
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)ย
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)ย
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)ย
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)ย
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)ย
Mounting of the solar structures shall be accomplished
without the use of footings, concrete, or other impervious surfaces.
(xiii)ย
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)ย
Wooded sites may not be clear cut to construct
renewable energy facilities.
(xv)ย
Applicants are encouraged to enter into solar
easements with neighboring property owners in order to ensure continuing
access to sunlight for solar facilities.
(xvi)ย
All electrical and control equipment shall be
labeled and secured to prevent unauthorized access.
(xvii)ย
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)ย
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)ย
A permit issued pursuant to this ordinance shall
expire if:
[a]ย
The solar or photovoltaic facility is not installed
and functioning within 24 months from the date the permit is issued;
or
[b]ย
The solar or photovoltaic facility is out of service
or otherwise unused for a continuous eighteen-month period.
[c]ย
A solar or photovoltaic facility that is out-of-service
for a continuous twelve-month period will be deemed to have been abandoned.
[d]ย
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]ย
The owner shall have the right to respond to the
Notice of Abandonment within 30 days from Notice receipt date.
[f]ย
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]ย
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]ย
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)ย
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]ย
Location of proposed and existing overhead and
underground utility and transmission lines.
[b]ย
Location of any proposed or existing substation,
inverter, transformer or equipment enclosures.
[c]ย
Description of any necessary upgrades or modifications
to existing substations or the necessity for a new substation.
[d]ย
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]ย
For projects over two megawatts, the location and
elevations of all transmission lines, support structures and attachments
to a substation(s).
[f]ย
Location of existing hedgerows and vegetated windbreaks.
[g]ย
Landscape maintenance plan which demonstrates how
the ground cover and screening plantings will be maintained.
[h]ย
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]ย
Major site plan submissions shall include a glint
and glare study documenting no adverse impacts on neighboring properties
or rights-of-way.
[j]ย
Major site plan applications shall include an acoustical
analysis.
[k]ย
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]ย
For projects over two megawatts, interconnection
agreement with PJM.
(2)ย
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)ย
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)ย
Minimum lot size shall be 20 contiguous acres.
(iii)ย
The following setbacks shall apply to ground-mounted
systems:
(iv)ย
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]ย
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.
[b]ย
Substations and other associated transmission structures
shall be screened with a double row of evergreen plantings with a
minimum height of eight feet.
[c]ย
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)ย
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)ย
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)ย
Ground-mounted systems shall not be located on
properties with greater than 25% prime agricultural soils.
(viii)ย
Sites shall not be clear cut to construct solar
facilities.
(ix)ย
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)ย
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)ย
Solar and photovoltaic panels shall be permitted
to be mounted to principal and accessory structures and buildings
or ground mounted.
(ii)ย
A zoning permit must be issued for all systems.
(iii)ย
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)ย
Ground systems shall meet the side and rear yard
setback standards for accessory structures in the zone which the structure
is located.
(v)ย
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)ย
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)ย
(Reserved)
[Deleted by Ord. No. 2017-1]
(4)ย
Farm Scale Renewable Energy Generating Facilities, Solar. These
conditions relate to farm scale solar applications whether they are
nonpreserved farms or preserved farms.
(i)ย
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)ย
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 16ย 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)ย
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)ย
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)ย
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)ย
In no case shall such facilities be located closer
than 300 feet to any residential improvement on an adjacent lot.
(vii)ย
The energy generating facility location shall
avoid prime agricultural soils.
(b)ย
Wind Energy Facilities.
(1)ย
General Requirements. The following general requirements shall
apply to wind facilities, regardless of whether they are accessory
or conditional uses.
(i)ย
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)ย
Wind energy facilities that do not meet the definition
of small wind energy systems shall require preliminary and final site
plan approval.
(iii)ย
System height shall be defined as the height
above grade of the tower plus the wind generator.
(iv)ย
Tower height shall be defined as the height above
grade of the fixed portion of the tower, excluding the wind generator.
(v)ย
All ground-mounted electrical and control equipment
shall be labeled and secured to prevent unauthorized access.
(vi)ย
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)ย
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)ย
A Met tower shall be permitted under the same
standards, permit requirements, restoration requirements and permit
procedures as a small wind energy system.
(ix)ย
All electrical and control equipment shall be
labeled and secured to prevent unauthorized access.
(x)ย
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)ย
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)ย
Permit Requirements.
[a]ย
A zoning permit shall be required for the installation
of a small wind energy system.
[b]ย
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).
|
(xiv)ย
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]ย
Location of proposed and existing overhead or underground
utility or transmission lines;
[b]ย
Location of any proposed substation or transformer;
and
[c]ย
Description of any necessary upgrades or modifications
to existing substations or the necessity for a new substation.
[d]ย
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]ย
For projects over two megawatts, the location and
elevations of all transmission lines, support structures and attachments
to a substation(s).
[f]ย
System specifications, including manufacturer and
model, rotor diameter, tower height, tower type (freestanding or guyed).
[g]ย
A glint, glare, and shadow flicker analysis documenting
no adverse impacts on neighboring properties or rights-of-way.
[h]ย
An ice throw study shall demonstrate no adverse
impact to neighboring properties.
[i]ย
An acoustical analysis.
[j]ย
An analysis of the potential for ice buildup and
throwing of ice from rotor blades.
[k]ย
Decommissioning plan documenting how the property
will be restored once the renewable energy facility has been removed
and an estimate for removal.
(xv)ย
Abandonment.
[a]ย
A wind energy system that is out-of-service for
a continuous eighteen-month period will be deemed to have been abandoned.
[b]ย
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]ย
The owner shall have the right to respond to the
Notice of Abandonment within 30 days from Notice receipt date.
[d]ย
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]ย
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]ย
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)ย
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)ย
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)ย
The minimum lot size shall be 20 contiguous acres.
(iii)ย
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)ย
A wind tower shall be set back a minimum distance
of 150% of the total height of the wind system.
(v)ย
Substations shall be setback a minimum of 150 feet
from a property line.
(vi)ย
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)ย
A wind energy system shall not be artificially
lighted unless such lighting is required by the Federal Aviation Administration.
(viii)ย
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)ย
Accessory Use Requirements. The following requirements shall
apply to wind facilities where they are accessory uses.
(i)ย
No wind tower on a residential property shall be
located between a building line and a public street.
(ii)ย
A wind tower shall be set back a distance equal
the total height of the wind system.
(iii)ย
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.
(iv)ย
A small wind energy system shall not be artificially
lighted unless such lighting is required by the Federal Aviation Administration.
(v)ย
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)ย
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)ย
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 ยงย 17]
g.ย
Other Commercial Uses.
1.ย
G-1 Contracting/Trades. Contracting shall include such occupations
as electricians, HVAC contractors, plumbers, masons, landscapers,
painters and roofers, provided:
(a)ย
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 ยง 30-7.2, herein.
(b)ย
Outside storage is specifically prohibited.
2.ย
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)ย
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 ยง 30-7, herein;
(b)ย
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)ย
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)ย
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)ย
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)ย
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)ย
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)ย
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)ย
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;
h.ย
Accessory Uses.
[Ord. No. 2015-06 ยงย 5]
1.ย
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)ย
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)ย
There shall be no use of show windows, display, or advertising visible outside the premises, except as provided for signs in ยง 30-8, herein.
(c)ย
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)ย
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 ยง 30-8 in this chapter.
(e)ย
No articles shall be sold or offered for sale at the premises
except such as may be produced on the premises.
(f)ย
Servicing by commercial vehicles for supplies and materials
shall not be permitted.
(g)ย
The home occupation shall be carried on only by inhabitants
of dwelling and not more than two additional employees.
(h)ย
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)ย
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)ย
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)ย
Family day care as defined herein is permitted as a home occupation
provided:
(1)ย
Said use is located within single-family detached, semi-detached
or attached dwellings only.
(2)ย
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)ย
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)ย
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)ย
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)ย
Accessory home offices shall be permitted provided:
(1)ย
The area devoted to the permitted professional use shall be
located within either the practitioner's dwelling or a building accessory
thereto.
(2)ย
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)ย
Not more than three employees, assistants, or associates, in
addition to the resident practitioner, shall be employed on the premises.
(4)ย
No external alterations shall be made which involve construction
features not customary to dwellings.
(6)ย
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.
2.ย
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)ย
Parking spaces for the parking of passenger automobiles; parking
of commercial vehicles not exceeding one ton loading capacity within
a completely enclosed building;
(b)ย
Structures such as fences and walls with a maximum height of
seven feet;
(c)ย
All buildings such as storage sheds, bathhouses, private greenhouses
and detached residential garages are permitted providing they meet
the following requirements:
(1)ย
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)ย
All structures with a floor area of 100 square feet or more
shall meet the setback requirement of the applicable district.
(3)ย
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)ย
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)ย
Decks.
(1)ย
Decks, raised terraces or ground level terraces in all zoning
districts other than AP District shall be permitted provided:
(i)ย
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)ย
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)ย
The location of the well and septic system shall
be depicted on sketch plans for the deck, raised terrace or ground
level terrace.
(2)ย
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)ย
The parcel is developed as a "village house" in
the AP District.
(ii)ย
The village house development has an average lot
area of 6,500 square feet.
(iii)ย
The rear of the parcel abuts a conservation easement.
(iv)ย
The deck or raised terrace shall extend no greater
than 12 feet from the rear of the house.
(v)ย
The deck or raised terrace shall extend no closer
than 12 feet to the side or rear property line.
(vi)ย
The deck or raised terrace shall not exceed a
maximum of 300 square feet in area.
(vii)ย
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)ย
ECHO housing unit shall be permitted in accordance with the
following provisions:
(1)ย
Dimensional Standards and Building Standards:
(i)ย
Minimum lot area shall be 1.5 acres unless a greater
lot area is required by the applicable district.
(ii)ย
Maximum square footage of the unit shall be 750
square feet.
(iii)ย
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)ย
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)ย
The unit shall be located only upon a lot with
a single family detached dwelling.
(vi)ย
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)ย
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)ย
Health Department Requirements:
(i)ย
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)ย
Occupancy Standards:
(i)ย
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)ย
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)ย
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)ย
Such a unit shall be subject to review by the
Planning Board prior to issuance of the initial permit.
(v)ย
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)ย
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)ย
Dimensional Standards and Building Standards:
(i)ย
The minimum lot for this accessory use shall be
10 acres.
(ii)ย
The maximum square footage of the apartment shall
be 750 square feet.
(iii)ย
Only one apartment shall be placed per lot.
(iv)ย
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)ย
The apartment may be combined with a garage or
an existing barn or outbuilding.
(vi)ย
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.
|
(g)ย
(1)ย
Chickens, as permitted under ยง 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)ย
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)ย
All chickens shall be kept in the chicken shelter or coop or
attached fenced run at all times.
(4)ย
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)ย
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)ย
All chicken feed shall be kept in a secure covered metal container.
3.ย
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)ย
The use of an existing building for boarding shall be permitted
subject to the following regulations:
(1)ย
Application shall be filed with the Township Zoning Officer.
(2)ย
The application shall consist of a written request and the following
information:
(i)ย
Four photographs of the house, one showing each
side of the building;
(ii)ย
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)ย
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)ย
Sketch plan of each floor in which dwelling units
will be located showing the dimensions of each dwelling.
(b)ย
Any dwelling converted shall be occupied in part by the owner
or his agent;
(c)ย
No additional rooms shall be constructed for this purpose;
(d)ย
No separate cooking facilities or dwellings shall be created;
4.ย
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:
5.ย
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)ย
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 ยง 30-7.2;
(b)ย
Temporary nonconforming structures or uses shall be subject
to authorization by the Zoning Officer or governing body;
(c)ย
Such structure or use shall be removed completely within 30
days of the expiration of the permit without cost to the municipality;
(d)ย
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)ย
Tractor-trailers shall not be permitted to be parked in residential
districts.
6.ย
H-6 Swimming Pool. A swimming pool shall be permitted as an accessory
to a residential use, provided:
(a)ย
Swimming Pools, In General:
(1)ย
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)ย
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)ย
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)ย
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)ย
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)ย
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)ย
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)ย
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)ย
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)ย
All pool installations shall conform to all applicable building
codes.
(h)ย
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)ย
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)ย
No water shall be placed in the pool until a fence, as required
by this section, has been completed.
(k)ย
Fencing of pools.
(1)ย
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)ย
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.
7.ย
H-7 Accessory Retail. Such use as catalog or party sales which is
accessory to a primary residential use, provided:
8.ย
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)ย
The regulations governing residential conversion, use B-14,
shall be met.
9.ย
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.ย
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.ย
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)ย
The principal use of the property is for an owner occupied single-family
dwelling;
(b)ย
The yard requirements in which the use is located shall be met;
(c)ย
There shall be a maximum of one accessory apartment per residential
lot;
(d)ย
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)ย
The accessory apartment shall not exceed 25% of the total residential
floor area on the lot;
(f)ย
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)ย
Documentation that the existing or proposed well and septic
system can accommodate the additional unit demands shall be provided;
(h)ย
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)ย
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)ย
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.
[Ord. No. 85-9, ยงย 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.
[Ord. No. 85-9, ยงย 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.
[Ord. No. 85-9, ยงย 602; Ord. No. 90-2, ยงย 5; Ord. No. 94-9, ยงย 3; Ord.
No. 98-12, ยงย 5; Ord. No.
2002-01, ยงย 2; Ord. No.
2004-10, ยงย 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.
a.ย
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 ยง 30-7.1c1.
b.ย
Determination of Net Buildable Site Area. For determining the net
buildable site area, the following form shall be used:
1.ย
2.ย
Calculation
for Resource Restrictions and Resource Protection Lands within the
Gross Site Area.
(a)ย
In the event two or more resources overlap, only the resource with
the highest open space ratio shall be used.
(b)ย
Table of Natural Resource Calculations.[1]
[1]
The Table of Natural Resource Calculations is included as an attachment to this chapter.
3.ย
Calculation
for Minimum Active Recreation Land.
(a)ย
Find total unrestricted land.
Take:
|
Gross Site Area
|
________ acres
|
Subtract:
|
Total Land with Resource Restrictions
|
________ acres
|
Equals:
|
Total Unrestricted Land
|
________ acres
|
(b)ย
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)ย
Exemption and Options. Any development that contains only one or
two dwelling units shall be exempt.
4.ย
Calculation
for Minimum Open Space, Net Buildable Site Area, and Maximum Permitted
Dwelling Units. The determination of a site, tract, or parcelโs
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 ยง 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)ย
Find total open space.
__________ac.
Resource Protection Land
|
+
|
__________ac.
Recreation Land
|
=
|
__________ac.
Total Open Space
|
(b)ย
Find minimum required open space.
__________ac.
Gross Site Area
|
x
|
_____
Open Space Ratio
|
=
|
__________ac.
Minimum Required Open Space
|
(c)ย
Find net buildable site area.
__________ac.
Gross Site Area
|
ย โย
|
__________ac.
Total Open Space Required or Minimum Required Open Space, whichever
is greater.
|
=
|
__________ac.
Net Buildable Site Area
|
(d)ย
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
|
x
|
__________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)
|
[Ord. No. 85-9, ยงย 603; Ord. No. 90-2, ยงย 5; Ord. No. 94-9, ยงย 3; Ord.
No. 2002-01, ยงย 2; Ord.
No. 2004-10, ยงยงย 1, 3, 7]
a.ย
General.
1.ย
The natural resource restrictions, herein, shall apply to all uses.
2.ย
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.
3.ย
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)ย
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)ย
Contents of an earth disturbance plan.
(1)ย
A metes and bounds base map.
(2)ย
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)ย
The areas and limits of all primary and ancillary clearing of
vegetation, grading and earthwork.
(4)ย
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 ยง 30-6.3,b4 of this section or less resource protection lands than as required by ยง 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)ย
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)ย
A summary table indicating the following: area (in acres) of each natural resource specified in ยง 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)ย
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)ย
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 ยง 30-6.3b4(c) of this section.
4.ย
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.
b.ย
Requirements for All Uses.
1.ย
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 ยง 30-6.6 of this section and all other applicable codes, ordinances and laws.
2.ย
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.
3.ย
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.
4.ย
Steep Slopes.
(a)ย
In areas of steep slopes, i.e., those above 10%, the following
standards shall apply:
(1)ย
10% to 15%: no more than 35% of such areas shall be developed
and/or regraded or stripped of vegetation.
(2)ย
15% to 20%: no more than 20% of such areas shall be developed
and/or regraded or stripped of vegetation.
(3)ย
20% or more: no more than 10% of such areas shall be developed
and/or regraded or stripped of vegetation.
(b)ย
(c)ย
Application for building permits in areas of 15% slope or greater
shall include a grading plan indicating the following information:
(1)ย
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)ย
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)ย
Architectural plans, elevations, and sections of the structures
and related improvements;
(4)ย
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)ย
A plan submitted under the seal
of a licensed professional engineer showing and certifying the following:
[a]ย
All existing and proposed natural and artificial
drainage courses and other features for the control of drainage, erosion
and water;
[b]ย
The calculated volume of water runoff from the
slopes and from the lot in question, as unimproved;
[c]ย
The calculated volume of water runoff from the
slopes and from the lot in question, as improved;
[d]ย
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]ย
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)ย
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)ย
Areas of steep slopes that are less than 3,000 square feet in
area.
(2)ย
Previously and substantially developed lots.
(3)ย
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)ย
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.
5.ย
Tree Removal โ Development Applications, Subdivisions, Site
Plans and/or Building Permit Applications.
(a)ย
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:
(2)ย
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)ย
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]ย
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
1ย 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]ย
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 1ย 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]ย
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 1ย 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]ย
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.
(ii)ย
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)ย
Removal of any living Historic Tree, living Landmark
Tree or living Specimen Tree.
(iv)ย
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)ย
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)ย
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)ย
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)ย
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)ย
Exemptions. Notwithstanding any of the aforementioned activities requiring a permit identified in ยง 30-6.4b5 above, and specifically excepted from ยง 30-6.4b5(b)(2) and the requirements imposed under ยง 30-6.4b5(b)(2), are the following activities which are hereby exempted (exempt activities):
(i)ย
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)ย
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)ย
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)ย
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)ย
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)ย
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)ย
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)ย
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)ย
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)ย
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)ย
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)ย
The trimming or maintenance of trees in a manner
which is not harmful to the health of the tree.
(xiii)ย
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)ย
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)ย
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)ย
A permit shall not be required to remove or cut
trees under any of the aforementioned circumstances noted in the above
delineated exemptions.
(4)ย
Replacement of Trees.
(i)ย
Replacement tree(s) shall be required to be planted
under the following circumstances whenever a permit is required:
[a]ย
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]ย
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]ย
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]ย
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]ย
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]ย
All replacement trees shall comply with the provisions
of ยง 30-6.4b5(a)(5)(i) [a] โ [f] and shall be planted in
accordance with accepted nursery practice.
[f]ย
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]ย
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]ย
Planting replacement trees in the location where
the tree(s) were removed; or
[2]ย
Planting replacement trees within the property
containing the removed tree(s); or
[3]ย
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]ย
Planting trees elsewhere within the Township and
within 50 feet of a watercourse or roadway; or
[5]ย
Planting replacement trees elsewhere in the Township
where placement will create public benefit.
[h]ย
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]ย
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)ย
Replacement trees and shrubs shall meet the following
specifications:
[a]ย
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]ย
All replacement trees and shrubs shall be either
balled and burlapped or container grown.
[c]ย
Deciduous trees shall be a minimum of six feet
in height and not less than 2.5 inches in caliper.
[d]ย
Coniferous trees shall not be less than eight feet
in height and two inches dbh.
[e]ย
Flowering trees shall not be less than four feet
in height and not less than 2ย 1/2 inches in caliper.
[f]ย
No more than 10% of replacement trees and shrubs
planted shall consist of species that are not native and indigenous
to Hunterdon County.
(5)ย
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)ย
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)ย
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)ย
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)ย
Whether the tree or trees appear upon inspection
to be diseased or so situated as to be substantially lacking vigor.
(iii)ย
Whether the tree or trees are so located that
necessary grade changes will render protection unreasonably difficult
or expensive.
(iv)ย
Whether the trees constitute significant screening
between existing or proposed buildings on contiguous lots.
(v)ย
Whether removal of the tree or trees will constitute
a horticultural advantageous thinning of an existing overgrown area.
(vi)ย
Whether removal of the tree or trees will significantly
and adversely affect drainage conditions, soil fertility or soil stability.
(vii)ย
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)ย
Considerations that may result in the tree removal
permit being disallowed include the following circumstances:
[a]ย
Soil erosion, soil retention, water retention or
run off problems will result;
[b]ย
Historic, Landmark or Specimen Trees are located
on site and cannot be adequately protected or replaced;
[c]ย
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)ย
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)ย
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)ย
Violations; Penalties.
(i)ย
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)ย
Upon issuance of a violation, the Zoning Official
shall immediately notify the Township Committee and the Planning Board.
(iii)ย
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)ย
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)ย
In addition, the Court shall impose Court costs
as incurred in processing and/or administering any violation issued
under this Subsection b5.
(vi)ย
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)ย
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)ย
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.
6.ย
(Reserved)
7.ย
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:
8.ย
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 ยง 30-24 of this chapter shall be followed.
9.ย
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 ยง 30-25, Soil Erosion and Sedimentation Control, of this chapter.
10.ย
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.
[Ord. No. 85-9, ยงย 604; Ord. No. 84-6, ยงย 5]
a.ย
Requirements for All Uses.
1.ย
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)ย
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)ย
Result in noise or vibration exceeding the average intensity
of noise or vibration occurring from other causes at the boundary
line.
(c)ย
Endanger surrounding areas by reason of fire or explosion.
(d)ย
Produce objectionable heat, glare, or radiation beyond the property
line.
(e)ย
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)ย
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)ย
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.
2.ย
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.
3.ย
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.
b.ย
Requirements for Commercial and Industrial Uses.
1.ย
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.
2.ย
Noise.
(a)ย
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.
3.ย
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.
4.ย
Air Pollution.
(a)ย
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)ย
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.
5.ย
Toxic or Noxious Matter.
(a)ย
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)ย
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.
6.ย
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.
7.ย
Fire and Explosion Hazards.
(a)ย
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 187ยฐ F. is
permitted subject to compliance with all other performance standards
for the district.
(b)ย
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 187ยฐ F. but
no less than 120ยฐ F. is permitted, subject to compliance with
all other performance standards for the district, and provided the
following conditions are met:
(1)ย
The materials or products shall be stored, utilized, or produced
within completely enclosed buildings or structures having incombustible
exterior walls.
(2)ย
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)ย
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 120ยฐ 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:
8.ย
Storage. The storage of more than 10,000 gallons of materials or
products having a closed cup flash point less than 120ยฐ 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.
9.ย
Heat and Glare.
(a)ย
Heat. No use shall carry on an operation that would produce
an increase in ambient air temperature of more than 2ยฐ F. at the
property line of the lot on which the use is situated.
(b)ย
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.ย
Water Quality and Withdrawal.
(a)ย
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)ย
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.
[Ord. No. 85-9, ยงย 605]
a.ย
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:
1.ย
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;
2.ย
Restricting or prohibiting certain uses, activities, and developments
from locating within areas subject to flooding;
3.ย
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;
4.ย
Protecting individuals from buying lands and structures which are
unsuitable for intended purposes because of flood hazards.
b.ย
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.
c.ย
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.
d.ย
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.
e.ย
Establishment of the Floodplain Zoning District.
1.ย
Description of Districts.
(a)ย
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)ย
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)ย
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)ย
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)ย
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)ย
Overlay Concept.
(1)ย
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)ย
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)ย
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.
f.ย
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.
g.ย
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 ยง 30-11.6.
h.ย
Floodplain District Provisions.
1.ย
General Provisions.
(a)ย
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)ย
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)ย
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)ย
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)ย
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)ย
Regulation of Particular Obstructions. The following list of
obstructions and activities present special hazards in floodplains:
(1)ย
Hospitals - public or private,
(2)ย
Nursing homes - public or private,
(3)ย
Jails; and
(4)ย
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)ย
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)ย
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)ย
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)ย
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:
(1)ย
Acetone.
(2)ย
Ammonia.
(3)ย
Benzene.
(4)ย
Calcium carbide.
(5)ย
Carbon disulfide.
(6)ย
Celluloid.
(7)ย
Chlorine.
(8)ย
Hydrochloric acid.
(9)ย
Hydrocyanic acid.
(10)ย
Magnesium.
(11)ย
Nitric acid and oxides of nitrogen.
(12)ย
Petroleum products (gasoline, fuel oil, etc.).
(13)ย
Phosphorus.
(14)ย
Potassium.
(15)ย
Sodium.
(16)ย
Sulphur and sulphur products.
(17)ย
Pesticides (including insecticides, fungicides and rodenticides).
(18)ย
Radioactive substances, insofar as such substances are not otherwise
regulated.
2.ย
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)ย
Agricultural uses, such as general farming, pasture, grazing,
outdoor plant nurseries, horticulture, truck farming, forestry, sod
farming, and wild crop harvesting.
(b)ย
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)ย
Accessory residential uses, such as yard areas, gardens, play
areas, and previous parking areas;
(d)ย
Accessory commercial uses, such as yard areas and previous parking
and loading areas.
3.ย
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)ย
The alteration or extension conforms with all applicable regulations
of this chapter.
(b)ย
The alteration does not constitute a substantial improvement
50% or more of the structure's market value.
(c)ย
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)ย
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.
i.ย
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:
1.ย
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).
2.ย
The danger that materials may be swept on to other lands or downstream
to the injury of others.
3.ย
The proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contamination, and unsanitary
conditions.
4.ย
The susceptability of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owners.
5.ย
The importance of services provided by the proposed facility to the
community.
6.ย
The requirements of the facility for a waterfront location.
7.ย
The availability of alternative locations not subject to flooding
for the proposed use.
8.ย
The compatibility of the proposed use with existing development anticipated
in the foreseeable future.
9.ย
The relationship of the proposed use to the comprehensive master
plan and floodplain management program for the area.
10.ย
The safety of access to the property by ordinary and emergency vehicles
in times of flood.
11.ย
The expected heights, velocity, duration, rate of rise, and sediment
transport of the flood water at the site.
12.ย
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.ย
Variances shall only be used after the Zoning Board of Adjustment
has determined that the granting of such will not result in:
j.ย
Elevation and Floodproofing Requirements. In any case where development
is allowed within the 100-year floodplain, the following conditions
shall be met:
1.ย
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 1ย 1/2 feet above the
100-year flood elevation. The structure shall be anchored to prevent
collapse, flotation, and lateral movement.
2.ย
Nonresidential Structures. Within the Floodplain District, the lowest
floor, including any basement or storage area, shall be at least 1ย 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.
3.ย
Plans for all proposed buildings, structures, and other improvements,
drawn at suitable scale showing the following:
(a)ย
The proposed lowest floor elevation for any proposed building
based upon National Geodetic Vertical Datum of 1929;
(b)ย
The elevation of the 100-year flood;
(c)ย
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces, and other factors associated
with the 100-year flood; and
(d)ย
Detailed information concerning any proposed floodproofing measures.
4.ย
The following data and documentation shall accompany the plans:
(a)ย
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.
k.ย
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.
[Ord. No. 95-8, ยงย 2]
a.ย
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.
b.ย
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.
c.ย
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.
d.ย
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.
e.ย
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.
f.ย
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.
g.ย
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.
h.ย
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.
i.ย
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.
[Ord. No. 99-14, ยงย 12; Ord. No. 2003-20, ยงยงย I,
II]
a.ย
Intent. It is the intent of the requirements of this subsection that an Aquifer Test and Analysis as set forth in ยง 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 ยง 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 ยง 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.
b.ย
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 ยง 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.
c.ย
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.
d.ย
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 ยง 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.
e.ย
Aquifer Test and Analysis Required.
1.ย
Aquifer Test and Analysis for Major Subdivisions.
(a)ย
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 ยง 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 ยง 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)ย
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)ย
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)ย
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)ย
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 ยง 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)ย
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)ย
If at all possible, the pumping test (all three phases) should
not be conducted during precipitation events.
(7)ย
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)ย
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)ย
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)ย
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)ย
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)ย
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)ย
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)ย
The Township may choose to have a person of its choosing monitor
the aquifer test.
(b)ย
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)ย
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.
2.ย
Aquifer Test and Analysis for Individual Lots in a Major Subdivision
of five or Fewer Lots and Minor Site Plans.
(a)ย
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)ย
The well shall remain undisturbed for three days following drilling
to allow aquifer conditions to stabilize.
(2)ย
Water level measurements shall be collected from the well and
accessible adjacent wells (within 500 feet) before starting the pumping
test.
(3)ย
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.
(5)ย
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)ย
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.
(7)ย
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)ย
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)ย
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)ย
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)ย
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)ย
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 ยง 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.
3.ย
Aquifer Test and Analysis for Nonresidential Use Site Plan.
(a)ย
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
|
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.
|
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 procedure:
|
(1)ย
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)ย
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)ย
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)ย
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 ยง 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 recommendations.
(5)ย
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)ย
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)ย
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)ย
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)ย
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)ย
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)ย
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)ย
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)ย
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)ย
The Township may choose to have a person of its choosing monitor
the aquifer test.
(b)ย
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)ย
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 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 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.
[Ord. No. 2001-2, ยงย 1; Ord. No. 2001-6, ยงย 1; Ord. No. 2003-20, ยงย III]
a.ย
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.
b.ย
AGRICULTURAL USE
APPROVAL AUTHORITY
BEDDING
BEDROCK
CARBONATE AREA DISTRICT
CARBONATE DRAINAGE AREA
CARBONATE ROCK
CARBONATE ROCK DISTRICT
CAVE
CLOSED DEPRESSION
COLLAPSE SINKHOLE
DEVELOPMENT
DISAPPEARING STREAM
DISSOLUTION
DOLING
DOLOMITE
DRAINAGE
FAULT
FISSURE
GEOLOGIC INVESTIGATION PROGRAM
JOINT
KARST
LIMESTONE
LINEATION
MARBLE
OUTCROP
PINNACLE
SHEAR ZONE
SINKHOLE (DOLINE)
SOIL
SOLUTION CHANNELS
SOLUTION SINKHOLE
SOLUTIONED CARBONATES
SPRING
SUBSIDENCE SINKHOLES
SURFACE RUNOFF
VOID
Definitions. For the purposes of this subsection, the following definitions
shall apply:
Shall mean the production, keeping or maintenance of plants
or animals for sale, lease or personal use.
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.
Shall mean the arrangement of a sedimentary rock in layers
of varying thickness and character.
Shall mean a general term for the rock that underlies soil
or other unconsolidated material.
Shall mean and is comprised of the Carbonate Rock District
and the Carbonate Drainage Area.
Shall mean watershed areas which directly drain into the
Carbonate Rock District.
Shall mean rock consisting chiefly of calcium and magnesium
carbonates.
Shall mean those land areas underlain by carbonate rock formations.
Shall mean a natural opening of a size permitting human exploration
and extending into a region of sharply reduced or no light.
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.
Shall mean a sinkhole caused by the collapse of the roof
of a bedrock cavern.
For this section shall be defined as set forth in the MLUL.
Shall mean a stream that enters the subsurface through a
sinkhole or other entrance.
Shall mean a space or cavity in or between rocks, formed
by the solution of part of the rock material.
See Sinkhole.
Shall mean a carbonate rock that contains more than 15% magnesium
carbonate.
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.
Shall mean a surface or zone of rock fracture along which
there has been noticeable differential movement.
Shall mean an extensive crack, break, or fracture in the
rock.
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.
Shall mean a fracture in rock generally more or less vertical
or transverse to bedding, along which no appreciable movement has
occurred.
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.
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.
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.
Shall mean a metamorphic rock consisting primarily of crystallized
limestone or dolomite.
Shall mean an exposure of bedrock projecting through the
ground surface.
Shall mean an irregular rock projection often buried beneath
the ground surface.
Shall mean a zone in which shearing has occurred on a large
scale so that the rock is crushed and brecciated (broken).
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.
Shall mean the material found in the surface layer of the
earth's crust which may be moved by a spade or shovel.
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.
Shall mean a depression formed from the slow dissolution
of bedrock.
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.
Shall mean a place where water naturally flows from rock
or soil upon the land or body of surface water.
Shall mean sinkholes formed by the downward settlement of
unconsolidated overburden into openings in the underlying, soluble
bedrock.
Shall mean the part of the precipitation that passes over
the surface of the soil.
Shall mean an opening in the soil or rock materials.
c.ย
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.
d.ย
Applicability.
1.ย
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 ยง 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.
2.ย
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)ย
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)ย
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 ยง 30-6.9c herein.
e.ย
District Identification.
1.ย
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.
2.ย
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.
3.ย
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.
f.ย
Performance Standards for CRD. The following performance standards
shall be applicable to development activities occurring in the Carbonate
Rock District:
1.ย
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.
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."
[1]
Editor's Note: Table 1, referred to herein, is included as an attachment to this chapter.
2.ย
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.
3.ย
Direct Methods.
(a)ย
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)ย
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)ย
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)ย
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.
4.ย
Indirect Methods.
(a)ย
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)ย
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.
g.ย
Procedures and Submission Requirements for the Carbonate Area District.
1.ย
General Requirements.
(a)ย
All applicants for subdivision approval, site plan approval, or building permit for new construction, including single family detached dwellings, pursuant to ยง 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 ยง 30-6.9g1(f).[10]
[10]
Editor's Note: Table 1, referred to herein, is included as an attachment to this chapter.
(b)ย
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)ย
The geologic investigation program shall identify the nature
of materials underlying the site.
(d)ย
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)ย
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)ย
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.
2.ย
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)ย
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)ย
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)ย
Applicant undertakes on-site geologic investigation program,
with observation by the Township Geologist.
(d)ย
Submission of a Geologic Investigation Report and site recommendation
by applicant.
(e)ย
Township Geologist's review, report and final recommendation
forwarded to approval authority.
(f)ย
Approval authority acts on the geologic aspects of the proposed
project.
3.ย
Geological Investigation Program Time Limits.
(a)ย
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)ย
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 ยง 30-6.9g1(f).
[15]
Editor's Note: Table 1, referred to herein, is included as an attachment to this chapter.
(c)ย
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)ย
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.
4.ย
On-Site Investigation Protocol.
(a)ย
Any on-site investigations and tests undertaken pursuant to this subsection shall not begin until the applicant has received a permit pursuant to ยง 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)ย
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)ย
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.
5.ย
Geological Investigation Report Requirements.
(a)ย
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)ย
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.
6.ย
Township Review of Geologic Investigation Report.
(a)ย
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)ย
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)ย
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)ย
Specific details insuring that design concepts and construction
and operational procedures intended to protect surface and subsurface
waters will be properly implemented;
(4)ย
Specific details on inspection procedures to be followed during
construction and after project completion.
(b)ย
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.
h.ย
Reevaluation.
1.ย
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)ย
Report the occurrence of the hazard to the municipal clerk within
24 hours of discovery;
(b)ย
Halt construction activities which would impact the geologic
hazard;
(c)ย
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)ย
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)ย
Repair any damage to improvements and restore ground cover and
landscaping;
(f)ย
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.
i.ย
Compliance and Enforcement.
1.ย
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 ยง 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.
2.ย
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.
j.ย
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.
k.ย
Application and Escrow Fees. The applicant shall submit the application fees and escrow deposits in accord with ยง 30-11.5d for any project in the CAD requiring a submission.
l.ย
Investigation Checklists Required.
1.ย
All applications for subdivision approval, site plan approval, or building permit for new construction, including single family detached dwellings, pursuant to ยง 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.
2.ย
Procedure for Submission of Documents.
(a)ย
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)ย
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)ย
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.
3.ย
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.
4.ย
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.
5.ย
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.
[Ord. No. 85-9, ยงย 700; Ord. No. 86-4, ยงย 6; Ord. No. 87-13, ยงย 2; Ord. No. 90-2, ยงย 6; Ord.
No. 96-16, ยงย 3; Ord. No.
2001-8, ยงยงย 7, 12, 14; Ord. No. 2003-13, ยงย 1; Ord. No. 2003-14, ยงย 1]
a.ย
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.
b.ย
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.
c.ย
Exceptions to Minimum Lot Size.
1.ย
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 ยง 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.
2.ย
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.
3.ย
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]
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.
d.ย
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.
e.ย
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:
1.ย
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.
2.ย
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.
3.ย
Projections into Yards. An arbor, open trellis, flagpole, unroofed
steps or ground level terrace shall be permitted as projections into
yards with no restriction.
f.ย
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.
g.ย
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.
h.ย
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.
i.ย
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 1ย 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.
[Ord. No. 85-9, ยงย 701; Ord. No. 94-17, ยงย 1]
a.ย
General Requirements Applying to Required Off-Street Parking.
1.ย
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.
2.ย
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.
3.ย
No parking shall be used for any use that interferes with its availability
for the parking need it is required to serve.
4.ย
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.
5.ย
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.
6.ย
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.
7.ย
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)ย
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)ย
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.
b.ย
Parking Design Requirements.
1.ย
A parking stall is that area specifically designated by pavement
markings or some other means for the temporary parking of one motor
vehicle.
2.ย
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.
3.ย
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.
|
4.ย
Parking for the handicapped or physically disabled shall be provided
for as follows:
Total Nonresidential Parking Spaces
|
Required Handicapped Parking
|
---|---|
10 โ 50
|
(1 space)
|
51 โ 250
|
2.5%
|
251+
|
2.0%
|
5.ย
The minimum width of drives and parking aisles shall be 25 feet.
6.ย
All dead end parking aisles shall be designed to provide sufficient
backup area for the end stalls of the parking lot.
7.ย
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.
c.ย
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:
1.ย
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.
2.ย
In the case of garden apartments and all industrial uses, the following
regulations shall apply:
(a)ย
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)ย
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)ย
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)ย
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)ย
All streets and accessway shall be designed in a manner conducive
to safe exit and entrance requirements of the municipality.
3.ย
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.
d.ย
Interior Circulation and Access.
1.ย
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.
2.ย
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.
e.ย
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 ยง 30-8.
f.ย
Off-Street Parking Regulations for Townhouse, Apartment and Nonresidential
Uses.
1.ย
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.
2.ย
No motor vehicle repair work of any kind other than emergency service
shall be permitted in parking lots.
3.ย
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.
4.ย
No off-street parking shall be permitted within the front yards or
within 10 feet of the side and/or rear property lines.
5.ย
Computation.
(a)ย
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.
(c)ย
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.
6.ย
Buffer and Landscape Requirements for Parking. Every parking lot
shall be subject to the following buffer requirements;
(a)ย
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)ย
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)ย
Parking areas of a 20 vehicle width shall be separated from
one another by planting strips not less than 10 feet in width.
(d)ย
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.
g.ย
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:
1.ย
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.
2.ย
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.
3.ย
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.
4.ย
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.
h.ย
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.
[Ord. No. 85-9, ยงย 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:
a.ย
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:
b.ย
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.
c.ย
All off-street loading areas shall be adequately buffered from adjacent
streets and properties and landscaped in accordance with an overall
plan.
d.ย
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.
e.ย
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.
f.ย
All open, off-street loading berths shall be paved in accordance
with the regulations of the municipal subdivision and land development
regulations.
g.ย
No storage of any kind or motor vehicle repair work of any kind,
except emergency work, shall be permitted within any required loading
berth.
h.ย
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.
i.ย
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
|
[Ord. No. 85-9, ยงย 703; Ord. No. 2004-10, ยงย 9]
a.ย
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.
b.ย
Screening.
1.ย
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.
2.ย
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.
3.ย
Screening off-street parking areas shall be in accordance with ยง 30-7.2f6 and off-street loading areas with ยง 30-73c.
4.ย
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.
c.ย
Landscaping.
1.ย
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.
3.ย
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.
d.ย
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.
1.ย
Canopy Trees (Minimum 2ย 1/2 Inch Caliper).
(a)ย
Acer rubrum โ Red Maple.
(b)ย
Acer saccharum โ Sugar Maple.
(c)ย
Betula papyrifera โ Paper Birch.
(d)ย
Fagus grandifolia โ American Beech.
(e)ย
Carpinus caroliniana โ American Hornbeam (Ironwood).
(f)ย
Celtis occidentalis โ Hackberry.
(g)ย
Cladrastis kentuckea โ Yellowood.
(h)ย
Cornus floria & CVS โ American Dogwood.
(i)ย
Crataegus viridis โ Hawthorne.
(j)ย
Gymnocladus diocus โ Kentucky Coffeetree.
(k)ย
Halesia carolina โ Carolina Silverbell.
(l)ย
Nyssa sylvatica โ Sourgum.
(m)ย
Fraxinus Americana โ White Ash.
(n)ย
Fraxinus Pennsylvania lanceolata โ Green Ash.
(o)ย
Gleditsia triacanthos inermis โ Thornless Honey Locust.
(p)ย
Liquidambar styraciflua โ Sweet Gum.
(q)ย
Liriodendron tulipifera โ Tulip Tree.
(r)ย
Plantanus acerifolia โ Plane Tree.
(s)ย
Quercus alba โ White Oak.
(t)ย
Quercus rubra โ Red Oak.
(u)ย
Quercus coccinea โ Scarlet Oak.
(v)ย
Quercus palustris โ Pin Oak.
(w)ย
Quercus phellos โ Willow Oak.
(x)ย
Tilia Americana โ American Linden.
2.ย
Flowering Trees.
(a)ย
Amelanchier candensis - Shadblow Serviceberry 5-6 feet.
(b)ย
Cornus florida โ Flowering Dogwood 5-6 feet.
(c)ย
Cornus x 'Rutcan' - Constellation Rutgers Dogwood 5-6 feet.
(d)ย
Cornus x 'Rutdan' โ Celestial Rutgers Dogwood 5-6 feet.
(e)ย
Crataegus phaenopyrum - Washington Hawthorne 5-6 feet.
(f)ย
Magnolia virgineana โ Sweetbay Mangolia 5-6 feet.
(g)ย
Oxydendrum aboreum โ Sourwood 5-6 feet.
(h)ย
Pyrus calleryana Chanticleer โ Chanticleer Pear 8-10 feet.
5.ย
Shrubs.
(a)ย
(1)ย
Juniperus virginiana โ Upright Juniper 4-5 feet.
(2)ย
Aronia arbutifolia โ Red Chokeberry.
(3)ย
Aronia melancarpa โ Black Chokeberry.
(4)ย
Calcanthus occidentalis โ Allspice 4-5 feet.
(5)ย
Clethra alnifolia โ Summersweet 4-5 feet.
(6)ย
Cornus sericea โ Red Osier Dogwood 4-5 feet.
(7)ย
Taxus hicksi โ Hicks Yew 2ย 1/2-3 feet.
(8)ย
Thuja occidentalis โ American Arborvitae 4-5 feet.
(b)ย
(1)ย
Ilex glabra โ Inkberry.
(2)ย
Hamamelis vernalis โ Vernal Witch Hazel 4-5 feet.
(3)ย
Hamamelis virginiana โ Common Witch Hazel 4-5 feet.
(4)ย
Ilex verticillata โ Winterberry 4-5 feet.
(5)ย
Lindera benzoin โ Spicebush 2-3 feet.
(6)ย
Myrica pennsylvanicum โ Bayberry 2-3 feet.
(7)ย
Rhododendron maximum โ Rosebay rhododendron 3-4 feet.
(8)ย
Vaccinium corymbosum โ Highbush Blueberry 2-3 feet.
(9)ย
Rhamnus caroliniana โ Carolina Buckthorn.
(10)ย
Viburnum dentatum โ Arrowwood Viburnum 4-5 feet.
Viburnum Prunifolium Blackhaw Viburnum 4-5 feet.
(11)ย
Rhus spp. โ Sumac.
[Ord. No. 85-9, ยงย 704; Ord. No. 2003-3]
a.ย
Lighting.
1.ย
Adequate lighting shall be provided for parking lots, and shall be
designed in accordance with standards of this subsection.
2.ย
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.
3.ย
Design Standards. Lighting shall be designed in accordance with this
subsection.
b.ย
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:
1.ย
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.
2.ย
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)ย
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 360ยฐ 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)ย
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)ย
Fixtures used to illuminate signs, including commercial billboard,
building identification or other similar illuminated signs, shall
comply with the following:
(1)ย
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)ย
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)ย
Internally illuminated light fixtures are discouraged. Refer
to Subsection d4.
(4)ย
Fixtures that permit the illumination to flash, blink or rotate
shall be prohibited.
3.ย
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.
4.ย
Foundations supporting lighting poles installed less than two feet
behind the curb, shall not be less than 24 inches off the ground.
5.ย
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.
6.ย
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.
7.ย
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.
8.ย
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)ย
Light distributions generated by light fixtures shall be confined
to the property on which they are installed.
(b)ย
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)ย
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.
c.ย
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.
1.ย
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.
2.ย
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.
d.ย
Illuminations Requirements. Illuminance requirements shall be set
forth below.
1.ย
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
|
3.ย
All other illuminance shall not exceed IESNA recommendations.
4.ย
Internally illuminated signs shall not exceed 45 to 70 lums, as measured
one foot away from signs.
5.ย
When building surfaces are used as signs, the luminance values and
surface reflectances shall be the same as those indicated for externally
illuminated signs.
e.ย
Outdoor Lighting Energy Conservation.
1.ย
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)ย
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)ย
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)ย
Exterior security lighting shall be classified as one of the
following:
(1)ย
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)ย
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)ย
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.
f.ย
Submission of Plans. Plans and evidence of compliance shall include
the following:
1.ย
Description of outdoor lamp/luminaire combinations including component
specifications such as lamps, reflectors, optics, angle of cutoff,
supports, poles and include manufacturers catalog cuts.
2.ย
Locations and descriptions of every outdoor enclosed light fixture
and hours of operation, their aiming angles and mounting heights.
3.ย
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):
4.ย
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.
5.ย
Foundation details for light poles.
6.ย
Post construction maintenance and monitoring program designed to
demonstrate that fixtures are installed and maintained in accordance
with the requirements of this subsection.
g.ย
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.
h.ย
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
|
1.ย
Minimum horizontal illuminance shall be no lower than 0.2 fc.
2.ย
Average horizontal illuminance shall not exceed 2.5 fc.
3.ย
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.
4.ย
High vehicular traffic locations should generally require the enhanced
level of illumination. Exits, entrances, internal connecting roadways
and such would be some examples.
[Ord. No. 85-9, ยงย 705; Ord. No. 90-2, ยงย 2]
The following open space performance standards shall apply to
all uses, as they are applicable.
a.ย
General Provisions.
1.ย
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.
2.ย
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.
3.ย
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.
b.ย
Open Space Design Standards.
1.ย
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 ยง 30-5.4.
2.ย
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.
c.ย
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:
1.ย
Dedication in Fee Simple to the Municipality.
(a)ย
The municipality may, at the discretion of the Planning Board
and governing body, accept any portion or portions of the open space,
provided:
(1)ย
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)ย
The municipality agrees to and has access to maintain such lands;
(3)ย
The titles are conveyed to the municipality without cost; and
(4)ย
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.
2.ย
Conveyance of title (including beneficial ownership) to a conservancy,
corporation, association, funded community trust, condominium, individual
or other legal entity:
(a)ย
The terms of such instrument of conveyance must include provisions
suitable to the municipality assuming such organization shall guarantee:
(1)ย
The continued use of such land for the intended purpose in perpetuity;
(2)ย
Continuity of proper maintenance for those portions of the open
space requiring maintenance;
(3)ย
Available funds required for such maintenance;
(4)ย
Adequate insurance protection;
(5)ย
Provision for payment of applicable taxes;
(6)ย
Recovery for loss sustained by casualty, condemnation, or otherwise;
(7)ย
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)ย
Such other covenants and/or easements to fulfill the purposes
and intent of this chapter.
(b)ย
The following are prerequisites for a corporation or association.
(1)ย
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)ย
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)ย
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)ย
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)ย
It must be able to adjust the assessment to meet conditions
by a stated margin of votes.
(6)ย
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)ย
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.
3.ย
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)ย
The terms of such instrument of conveyance must include provisions
to the municipality for guaranteeing:
(b)ย
The following are prerequisites for the conveyance of easements,
etc.;
(1)ย
Such conveyance of the total easements, etc., must transpire
prior to any lots or dwelling units being sold, leased, or otherwise
conveyed;
(2)ย
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.
d.ย
Specific Use Regulations for Common Open Space.
1.ย
No motor vehicle usage in the open space area shall be permitted
except for maintenance or agricultural purposes.
2.ย
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.
3.ย
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.
4.ย
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.
5.ย
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.
6.ย
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.
[Ord. No. 2004-3, ยงย I]
a.ย
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.
1.ย
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.
2.ย
Residential developments having 11 through 20 units shall provide
two underground fire protection water storage tank systems of at least
30,000 gallons each.
3.ย
Residential developments having more than 20 units shall provide
three underground fire protection water storage tank systems of at
least 30,000 gallons each.
4.ย
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.
b.ย
Fire Protection Water Storage Tank Systems Required in Commercial
or Industrial Developments Not Served by Public Water.
1.ย
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.
2.ย
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.
3.ย
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.
4.ย
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.
5.ย
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.
c.ย
Requirements Applicable to All Fire Protection Water Storage Tank
Systems for All Uses.
1.ย
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.
2.ย
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.
3.ย
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.
4.ย
The draft connection at each tank shall be a 4ย 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.
5.ย
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.
6.ย
Maintenance and Replacement of Tank Systems.
(a)ย
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)ย
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)ย
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.
7.ย
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.
8.ย
Use of water in the tank systems for any purpose other than fire
protection is prohibited.
9.ย
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.ย
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.ย
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.ย
Water storage tank systems may be constructed only of materials approved
by the Township Engineer.
13.ย
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.ย
The developer shall be responsible for obtaining all construction
and other permits required for each tank system.
[Ord. No. 89-11, ยงย 1; Ord. No. 92-11, ยงย 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.
a.ย
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:
1.ย
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)ย
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)ย
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)ย
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)ย
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.
[Ord. No. 90-7, ยงย 1; Ord. No. 2003-4, ยงย I]
a.ย
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:
b.ย
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.
c.ย
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.
d.ย
ADVERSE ENVIRONMENTAL IMPACTS
ALTERNATIVES
BENEFICIAL EFFECTS
BIOLOGICAL RESOURCES
COMMUNITY FACILITIES
CULTURAL ENVIRONMENT
DEMOGRAPHIC CHARACTERISTIC
DEVELOPMENT
ECONOMIC AND FISCAL CHARACTERISTICS
ENVIRONMENT
HISTORIC RESOURCES
IMPACT
IMPACT STATEMENT REPORT
INFRASTRUCTURE
LONG TERM EFFECTS
MITIGATION
NATURAL ENVIRONMENT
PHYSICAL RESOURCES
PRIMARY EFFECTS
PROJECT
SECONDARY EFFECTS
SHORT TERM EFFECTS
VISUAL RESOURCES
Definitions. For the purpose of an impact statement, the following
definitions shall apply:
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.
Shall mean choices between or among two or more plans, layouts,
approaches, solutions or results.
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.
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.
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.
Shall mean a representation of man's influence on land and/or
water through the use, organization, adornment and maintenance of
property and structures.
Shall mean characteristics related to the distribution, density
and vital statistics of populations.
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.
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.
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.
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.
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.
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.
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.
Shall mean results which are manifest for or extending over
a period of greater than two years.
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.
Shall mean a composition of land, water, and/or air presented
by its inherent physical and biological properties.
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.
Shall mean results of a direct nature which have a principal
influence on a particular condition.
Shall mean a subdivision, land development, or other development
involving the construction alteration of buildings or other structures,
or the grading of land.
Shall mean results of an indirect nature which have an influence
on a particular condition or state derived from a primary effect.
Shall mean results which are manifest for or extending for
a period of two years or less.
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.
e.ย
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:
1.ย
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.
2.ย
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.
3.ย
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.
4.ย
Description of the Project. An identification of the nature of the
proposed development through the presentation of the following:
(a)ย
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)ย
Floor plans and elevations depicting the proposed size, square
footage, height, and number of buildings and/or other structures.
(c)ย
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)ย
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.
5.ย
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)ย
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)ย
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)ย
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)ย
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.
6.ย
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)ย
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)ย
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).
7.ย
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)ย
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)ย
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.
8.ย
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.
9.ย
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.ย
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.ย
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.ย
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.ย
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.ย
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.ย
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.ย
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.ย
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.ย
Environmental Protection Standards. An identification of compliance with environmental protection standards and site capacity calculations as described in ยง 30-6 of the Land Use Code.
19.ย
Licenses and Permits. An identification of all licenses, permits
or other approvals required by law for the development and the status
of each.
20.ย
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.ย
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.ย
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.ย
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)ย
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)ย
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.ย
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.ย
Conclusion. The impact statement shall include a summary/conclusion
statement at the end of the report.
f.ย
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.
g.ย
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.
h.ย
The Planning Board shall not approve the project unless they determine
and find the proposed development:
1.ย
Consistent with the Township master plan;
2.ย
Conforms to all requirements of the Township's Land Use Code and
all other ordinances, codes, permit conditions, and regulations;
3.ย
Will not adversely affect the health, safety and general welfare
of the residents of the Township and of surrounding municipalities;
4.ย
Promotes the harmonious and orderly development of the zoning district
involved;
5.ย
Will not result in appreciable harmful effects to the environment;
6.ย
Has been designed and conceived with a view toward the protection
of resources;
7.ย
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;
8.ย
Will not detract from or cause harm to neighboring properties;
9.ย
Reflects sound engineering and land development design and construction
principles, practices and techniques;
10.ย
Compatible with the uses permitted in the surrounding area in terms
of the density and/or intensity of land use;
11.ย
Reflects effective site planning and design in terms of energy efficiency
and environmental protection;
12.ย
Provides safe and efficient access to roads and will not create traffic
congestion, hazardous traffic conditions, or excess traffic volumes;
13.ย
Provides improvements needed to guarantee compatibility with adjoining
roads and properties;
14.ย
Provides continuity of existing circulation systems including roads,
sidewalks, trails, and other walkways.
15.ย
Provides adequate off-street parking and loading areas which will
be minimally visible and audible from adjoining public streets and
neighboring properties;
16.ย
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.ย
Preserves, to the maximum extent possible, woodlands and other trees
existing on the site;
18.ย
Will not be disruptive to surface water resources and groundwater
resources;
19.ย
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.ย
Will not, individually or collectively, place a disproportionate
or excessive demand upon the total resources available for such proposal
and for any future proposal.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 85-9 and 86-4.
[Ord. No. 2007-9, ยงย 1]
This section shall be known as the "Sign Regulations of the
Township of Union, Hunterdon County, New Jersey."
[Ord. No. 2007-9, ยงย 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:
a.ย
Encourage the effective use of signs as a means of communications
in the Township;
b.ย
Maintain and enhance the aesthetic environment and the Township's
ability to attract sources of economic development and growth;
c.ย
Improve pedestrian and traffic safety;
d.ย
Minimize the possible adverse affect of signs on nearby public and
private property;
e.ย
Foster the integration of signage with architectural and landscape
designs;
f.ย
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;
g.ย
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;
h.ย
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;
i.ย
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;
j.ย
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;
k.ย
Categorize signs based upon the function that they serve and tailor
the regulation of signs based upon their function;
l.ย
Preclude signs from conflicting with the principal permitted use
of the site and adjoining sites;
m.ย
Regulate signs in a manner so as to not interfere with, obstruct
the vision of or distract motorists, bicyclists or pedestrians;
n.ย
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;
o.ย
Preserve, conserve, protect, and enhance the aesthetic quality and
scenic beauty of all districts of the Township;
p.ย
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;
q.ย
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;
r.ย
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;
s.ย
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;
t.ย
Preserve and enhance the rural and historic character of the Township;
and
u.ย
Enable the fair and consistent enforcement of these Sign Regulations.
[Ord. No. 2007-9, ยงย 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:
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.
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.
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.
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.
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.
Shall mean a wall sign, a marquee sign, a window sign, but
not a canopy sign.
See Snipe sign.
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.
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.
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.
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.
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.
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.
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.
Shall mean the linguistic or graphic content of a sign.
Shall mean a single sign with items of information on both
sides of the sign and mounted as a single structure.
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.
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.
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.
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.)
Shall mean a pole on which to raise a flag.
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.
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.
Shall mean a freestanding sign whose ratio of width of sign
to width of support is less than three to one.
Shall mean a freestanding sign whose ratio of width of sign
to width of support is equal to or greater than three to one.
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.
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.
Shall mean a sign that functions to advertise the future
or proposed development of the premises upon which the sign is erected.
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.
Shall mean the finished grade of a parcel of land exclusive
of any filling, berming or mounding.
Shall mean vertical distance measured from ground level nearest
the base of the sign to the highest point on the sign.
Shall mean decorations that pertain to legal or other recognized
holidays or to a season of the year.
Shall mean any sign, which has been determined to be in violation of any provision of this ยง 30-8.
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.
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.
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.
See definition of Parcel.
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.
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.
Shall mean any sign attached to a marquee.
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.
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.
Shall mean any message which is not a commercial message.
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.
Shall mean a sign, which does not conform to the regulations provided in this ยง 30-8.
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.
Shall mean any sign relating in its subject matter to the
commodities, accommodations, service or activities on the premises
on which it is located.
Shall mean any fabric or similar material containing patterns,
drawings or symbols used for decorative purposes and designed to be
flown as a flag.
Shall mean a false front or wall extension above the roofline
of a building.
Shall mean land which has been or which is proposed to be
used, developed, or built upon as a unit under single ownership.
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.
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.
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.
Shall mean any property owned, leased or controlled by the
person actively engaged in business at that location.
Shall mean the use, which constitutes the primary activity,
function or purpose to which a parcel of land or a building is put.
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.
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.
Shall mean any sign that revolves or rotates.
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.
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.
See Warning sign.
Shall mean a temporary portable double-faced, freestanding
sign.
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.
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.
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 ยง 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.
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.
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.
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.
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.
Shall mean a sign required by any statute or regulation of
the State of New Jersey or the United States.
Shall mean any sign denoting the street address of the premises
on which it is attached or located.
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."
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.
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.
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.
Shall mean the Township Committee of the Township of Union,
Hunterdon County, New Jersey.
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).
Shall mean any sign or signs where the total sign area covers
more than 10 square feet of the vehicle.
See Sight visibility triangle.
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.
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.).
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.
Shall mean any sign mounted in any fashion on the interior
or exterior of the surface of a window.
[Ord. No. 2007-9, ยงย 1]
Diagrams appended to the end of this section illustrate methods
of measurement.
[Ord. No. 2007-9, ยงย 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 ยง 30-8.6.
a.ย
Billboards.
b.ย
Revolving signs.
c.ย
Flashing signs.
d.ย
Animated signs.
e.ย
Wind signs.
f.ย
Portable signs.
g.ย
Roof signs.
h.ย
Abandoned and discontinued signs.
i.ย
Snipe signs; bandit signs.
j.ย
Projecting signs, except as expressly allowed.
k.ย
Bus bench advertising signs; bus shelter advertising signs.
l.ย
Signs that emit smoke, visible vapor or smoke, sound, odor, or visible
particles or gaseous matter.
m.ย
Signs that have unshielded illuminating devices.
n.ย
Signs that obstruct, conceal, hide or otherwise obscure from view
any official traffic or governmental sign, signal or device.
o.ย
Any attached sign, including a wall sign, that exceeds 50 square
feet in sign area.
p.ย
Any freestanding sign that is higher than 14 feet.
q.ย
Any sign within a sight visibility triangle that obstructs a clear
view of pedestrian or vehicular traffic.
r.ย
Any sign in the public right-of-way, other than traffic control device
signs, warning signs or safety signs.
s.ย
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.
t.ย
Any sign nailed, fastened or affixed to any tree.
u.ย
Any sign prohibited by State or Federal law.
v.ย
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.
w.ย
Any sign located on real property without the permission of the property
owner.
x.ย
Beacons, except as required by Federal or State law.
y.ย
Intermittent signs, except time and temperature signs as expressly
permitted herein.
z.ย
Sandwich board signs.
[Ord. No. 2007-9, ยงย 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.
[Ord. No. 2007-9, ยงย 1]
This section does not pertain to the following:
a.ย
A sign, other than a window sign, located entirely inside the premises
of a building or enclosed space.
b.ย
A sign on a car, other than a prohibited vehicle sign or signs.
c.ย
A statutory sign.
d.ย
A traffic control device sign.
e.ย
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.
[Ord. No. 2007-9, ยงย 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.
[Ord. No. 2007-9, ยงย 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.
[Ord. No. 2007-9, ยงย 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.
[Ord. No. 2007-9, ยงย 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.
[Ord. No. 2007-9, ยงย 1]
a.ย
Allowed temporary and allowed permanent signs of the type described in ยง 30-8.25 shall be exempt from sign permitting hereunder.
b.ย
No sign permit shall be issued for the erection of a prohibited sign.
c.ย
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.
d.ย
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.
[Ord. No. 2007-9, ยงย 1]
a.ย
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:
1.ย
The legal description of the real property where the sign is proposed
to be located.
2.ย
The zoning district for the real property on which the sign will
be located.
3.ย
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.
4.ย
A notarized statement of authorization signed by the owner(s) consenting
to the placement of the proposed sign on the real property.
5.ย
The name, mailing address and telephone number of the sign contractor.
6.ย
Type of proposed sign (e.g., wall sign or freestanding sign).
7.ย
The square footage of the surface area of the proposed sign.
8.ย
The value of the proposed sign.
9.ย
If the proposed sign is a freestanding sign:
(a)ย
The height of the proposed freestanding sign.
(b)ย
The size (sign area) of the freestanding sign, and the dimensions
utilized to calculate the size.
(c)ย
The minimum spacing distance calculated by multiplying the greatest
dimension of the proposed freestanding sign by a factor of 20.
(d)ย
The distance of the closest freestanding sign to the proposed
freestanding sign.
(e)ย
Whether there is an existing freestanding sign on the same lot
where the proposed freestanding sign will be located.
(f)ย
The front and side yard setbacks for the proposed sign.
10.ย
If
the proposed sign is an attached sign, the building frontage for the
building to which the attached sign shall be affixed.
11.ย
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.ย
Whether
the proposed sign will be an illuminated or nonilluminated sign.
b.ย
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.
[Ord. No. 2007-9, ยงย 1]
a.ย
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.
b.ย
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.
c.ย
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.
[Ord. No. 2007-9, ยงย 1]
a.ย
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.
[Ord. No. 2007-9, ยงย 1]
a.ย
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.
c.ย
The Board of Adjustment shall hold a hearing within 45 days following
receipt of the written appeal.
d.ย
The Board of Adjustment shall render a written decision within 10
days following the hearing.
[Ord. No. 2007-9, ยงย 1]
The appellate decisions of the Board of Adjustment pursuant to ยง 30-8.16, above, shall be deemed final, subject to judicial review as provided by law.
[Ord. No. 2007-9, ยงย 1]
The Zoning Official shall be the enforcing official of this section, and enforcement shall be governed by ยง 30-12.
[Ord. No. 2007-9, ยงย 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.
[Ord. No. 2007-9, ยงย 1]
Freestanding signs, temporary and permanent, shall comply with
the following setback and sight clearance standards:
a.ย
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.
b.ย
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.
[Ord. No. 2007-9, ยงย 1]
Required setbacks for signs in all zoning districts shall be
measured from the property line to the nearest part of the sign.
[Ord. No. 2007-9, ยงย 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 180ยฐ from
each other. The maximum sign area allowed shall be permitted for each
sign face.
[Ord. No. 2007-9, ยงย 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.
[Ord. No. 2007-9, ยงย 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.
[Ord. No. 2007-9, ยงย 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.
a.ย
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.
b.ย
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.
c.ย
Noncommercial On-site Directional Signs. Noncommercial on-site directional
signs, not exceeding four square feet in sign area, shall be allowed
on each parcel.
d.ย
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.
e.ย
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.
f.ย
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.
g.ย
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.
h.ย
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.
i.ย
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.
j.ย
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).
k.ย
Temporary Real Estate Signs โ Generally.
1.ย
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.
2.ย
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.
3.ย
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.
l.ย
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.
m.ย
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.
n.ย
Temporary Future Development Signs. A temporary future development
sign shall be allowed in new subdivisions, subject to the following
limitations.
1.ย
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.
2.ย
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.
3.ย
Height. A temporary future development sign shall not exceed six
feet in height.
4.ย
Duration. Temporary future development signs shall be removed within
seven days after the last dwelling has been initially occupied.
o.ย
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 ยง 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.
[Ord. No. 2007-9, ยงย 1]
In addition to the permanent and temporary signs and sign-types that are allowed pursuant to ยง 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.
a.ย
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.
b.ย
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.
c.ย
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.
[Ord. No. 2007-9, ยงย 1]
In addition to the permanent and temporary signs and sign-types that are allowed pursuant to ยง 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.
a.ย
Permanent Wall (Mounted) Signs.
1.ย
For the premises on which a building is located, there may be attached
one permanent wall (mounted) sign not exceeding 20 square feet.
2.ย
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.
3.ย
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.
b.ย
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.
c.ย
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.
[Ord. No. 2007-9, ยงย 1]
In addition to the permanent and temporary signs and sign-types that are allowed pursuant to ยง 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.
a.ย
Permanent Wall Signs.
1.ย
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.
2.ย
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).
b.ย
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:
1.ย
Maximum Height. The maximum height of a freestanding sign shall not
exceed 14 feet.
2.ย
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.
3.ย
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.
4.ย
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.
5.ย
Maximum Number. There shall only be one freestanding sign structure
per tract or lot.
6.ย
Front Yard Location. A freestanding sign may only be erected in the
front yard of the tract or lot on which it is located.
c.ย
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.
[Ord. No. 2007-9, ยงย 1]
In addition to the permanent and temporary signs and sign-types that are allowed pursuant to ยง 30-8.25, no other permanent or temporary signs are also allowed within the U Utility and P Parkland Districts.
[Ord. No. 2007-9, ยงย 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.
[Ord. No. 2007-9, ยงย 1]
a.ย
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.
b.ย
Severability Where Less Speech Results. Without diminishing or limiting in any way the declaration of severability set forth above in ยง 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.
c.ย
Severability of Provisions Pertaining to Prohibited Signs. Without diminishing or limiting in any way the declaration of severability set forth above in ยง 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 ยง 30-8.5. Furthermore, if any part, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of ยง 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 ยง 30-8.5.
d.ย
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
(ยง 30-8.4)
|
[Ord. No. 85-9, ยงย 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:
a.ย
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.
b.ย
A nonconforming use changed to a conforming use may not be changed
back to a nonconforming use.
c.ย
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.
d.ย
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.
e.ย
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.
f.ย
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.
[Ord. No. 85-9, ยงย 901]
a.ย
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:
1.ย
Nature of the nonconforming use.
2.ย
Nature and number of structures destroyed or damaged.
3.ย
Nature and extent of structural damage.
4.ย
Extent of area of damage to building.
5.ย
Nature and extent of repairs necessary to restore building.
6.ย
Extent to which remaining portions of building are usable for reconstruction.
7.ย
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.
[Ord. No. 85-9, ยงย 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.
[Ord. No. 85-9, ยงย 1001]
Application for conditional uses shall be governed by the following:
a.ย
The applicant shall make a written request for a conditional use
permit to the Planning Board affirmatively stating that all applicable
conditions are met.
b.ย
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.
c.ย
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.
[Ord. No. 85-9, ยงย 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.
[Ord. No. 85-9, ยงย 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.
[Ord. No. 85-9, ยงย 1004]
The Planning Board shall conduct a public hearing on all conditional
use permits and make decisions in accordance with the following:
a.ย
All conditional uses must meet the requirements of this chapter.
b.ย
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.
c.ย
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.
d.ย
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.
[Ord. No. 85-9, ยงย 1005; Ord. No. 99-14, ยงย 11; Ord. No. 2003-18, ยงย I]
a.ย
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:
1.ย
Applications shall be filed with the Planning Board Secretary and
be forwarded by the Secretary to the Planning Board.
2.ย
The application shall consist of a written request and the following
information:
(a)ย
Four photographs of the house, one showing each side of the
building.
(b)ย
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)ย
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)ย
Sketch plan of each floor in which dwelling units will be located,
showing the dimensions of each dwelling unit.
b.ย
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:
1.ย
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.
2.ย
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.
3.ย
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.
c.ย
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:
[Ord. No. 85-9, ยงย 1100; Ord. No. 98-2, ยงย I]
a.ย
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.
b.ย
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:
1.ย
Class I: The Mayor, or the Mayor's designee in the absence of the
Mayor.
2.ย
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.
3.ย
Class III: A member of the governing body to be appointed by it.
4.ย
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.
c.ย
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.
d.ย
Alternate Members.
1.ย
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.
2.ย
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.
3.ย
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.
e.ย
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.
f.ย
Service Without Compensation. Members of the Planning Board shall
serve without salary but may be paid expenses incurred in the performance
of duties.
g.ย
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.
h.ย
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.
i.ย
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.
j.ย
Powers of Planning Board. The Planning Board shall have the power
to:
1.ย
Prepare and adopt a master plan for the physical, economic and social
development of the municipality, and amend or revise the same.
2.ย
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.
3.ย
Participate in the preparation and review of programs or plans required
by State or Federal law or regulation.
4.ย
Assemble data on a continuing basis as part of a continuous planning
process.
5.ย
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.
k.ย
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.
[Ord. No. 85-9, ยงย 1101; Ord. No. 98-2, ยงย II; Ord. No. 2001-8, ยงย 1]
a.ย
Establishment; Composition; Terms.
1.ย
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.
2.ย
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).
3.ย
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.
b.ย
(Reserved)
c.ย
(Reserved)
d.ย
(Reserved)
e.ย
Powers as to Zoning Appeals, Interpretations, Decision
and Variances.
1.ย
The Board of Adjustment shall have the power to:
(a)ย
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)ย
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)ย
Variances for Specific Pieces of Property.
(1)ย
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)ย
Where, in an application or appeal relating to a specific piece of property, the purposes of this chapter set forth in ยง 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 ยง 30-11.1j2.
(d)ย
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)ย
A use or principal structure in a district restricted against
such use or principal structure;
(2)ย
An expansion of a nonconforming use;
(3)ย
Deviation from a specification or standard pertaining solely
to a conditional use;
(5)ย
An increase in the permitted density as defined in ยง 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)ย
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.
2.ย
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.
f.ย
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.
g.ย
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.
h.ย
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.
i.ย
Appeals From Administrative Decision; Direct Application in Lieu
of Appeals.
1.ย
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.
2.ย
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.
j.ย
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.
k.ย
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.
l.ย
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.
[Ord. No. 85-9, ยงย 1102]
a.ย
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.
b.ย
Published and Mailed Notices.
1.ย
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.
2.ย
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.
[Ord. No. 85-9, ยงย 1103]
a.ย
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.
b.ย
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.
c.ย
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.
d.ย
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 ยง
30-11.2e1(e) or (section on official map) shall be deemed an action
denying the application.
e.ย
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.
[Ord. No. 85-9, ยงย 1104; Ord. No. 87-18, ยงย 1; Ord. No. 88-12, ยงย 1; Ord. No. 91-8, ยงยงย 1, 2; Ord. No. 99-6, ยงย 1; Ord. No. 2003-20, ยงย IV; Ord. No. 2004-12, ยงยงย I โ V; Ord. No. 2009-6, ยงย 1]
a.ย
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:
1.ย
Applicant's name, address and telephone number.
2.ย
Owner's name, address and telephone number.
3.ย
Interest of applicant in property.
4.ย
Ownership of applicant.
5.ย
Name, address and telephone number of applicant's attorney (if represented).
6.ย
Street address of property.
7.ย
Tax lot and block number of property.
8.ย
Zone district in which property is situated.
9.ย
Description of property.
10.ย
Description of proposed development.
11.ย
Type of application.
12.ย
Specific relief requested.
13.ย
Sufficient information to facilitate review of the proposed development
in light of the criteria and standards applicable to the application
for development.
b.ย
Application Fees and Escrow Deposits for Professional Review.
1.ย
Application Fees. Each such application or appeal shall be accompanied
by payment of a nonrefundable application fee.
2.ย
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.
3.ย
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.
c.ย
1.ย
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.
2.ย
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.
d.ย
1.ย
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.
|
e.ย
Escrow Deposits for Inspection of Improvements.
1.ย
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.
2.ย
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.
f.ย
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.
g.ย
Accounting of Escrow Deposits.
1.ย
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.
2.ย
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.
h.ย
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.
i.ย
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 33ย 1/3% of that entire amount, which shall be in lieu of all other administrative and custodial expenses.
j.ย
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.
k.ย
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.
l.ย
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.
m.ย
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).
n.ย
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 ยง 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 ยง 30-11.2e1(d) shall not be required.
o.ย
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.
p.ย
Checklists. The following information is to be shown or indicated
on applicable plans:
1.ย
For subdivision sketch plan, the information required by the subdivision
section of this chapter.
2.ย
For preliminary plat of major subdivision, the information required
by the subdivision section of this chapter.
3.ย
For final plat of major subdivision, the information required by
the subdivision section of this chapter.
4.ย
For site plan, the information required by the site plan section
of this chapter.
5.ย
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)ย
Specify the type of relief being requested.
(b)ย
Describe how the relief requested invoices the minimum deviation
from the Land Use Code or the master plan of all available development
actions.
(c)ย
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)ย
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.
q.ย
Mapping in Compliance with Geographic Information System (GIS).
1.ย
At the time the final plat is submitted for signature of the Township
officials, the applicant shall submit the following:
(a)ย
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.
(c)ย
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.
2.ย
All text shall be on a separate layer of the CAD drawing.
3.ย
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)ย
The location of all existing and proposed signage.
(b)ย
The location of all existing and proposed catch basins or stormwater
drain inlets.
(c)ย
The location of all existing and proposed culverts, shown from
the centerline of road to the center of the structure.
(d)ย
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)ย
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)ย
The location of all existing and proposed water lines.
(g)ย
The location of all existing and proposed groundwater discharges
(e.g., infiltration basins, drywells, crawl spaces or basement pumps,
foundation or footing drains).
(h)ย
The location of all existing and proposed septic systems, and
sewerage facilities.
(i)ย
The location of all existing and proposed water storage tanks
or facilities used for the fire fighting activities.
(j)ย
A map of all existing and proposed irrigation systems.
(k)ย
The location of all existing and proposed swimming pool discharges.
(l)ย
The location of all existing and proposed wastewater flows from
rinsing/cleaning commercial or industrial equipment.
(m)ย
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)ย
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 ยง 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)ย
Wetlands.
(2)ย
Marshes, ponds, lakes.
(3)ย
Spring flows, riparian habitats and wetlands, water reservoir
discharges and diverted stream flows.
(4)ย
Vegetated areas.
(5)ย
Endangered species habitats.
(6)ย
Steep slopes.
(7)ย
Floodplains.
(8)ย
Conservation easements and open space.
(9)ย
Streams and stream corridors.
(10)ย
Distinctive scenic and/or historic features.
(11)ย
Additional site features as required by the Union
Township Planning Board/Board of Adjustment.
4.ย
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.
[Ord. No. 85-9, ยงย 1105]
a.ย
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.
b.ย
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.
c.ย
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.
d.ย
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.
e.ย
Rules of Evidence. Technical rules of evidence shall not be applicable,
but the agency may exclude irrelevant, immaterial or unduly repetitious
evidence.
f.ย
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.
[Ord. No. 85-9, ยงย 1106]
a.ย
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.
b.ย
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.
c.ย
Notice by Publication. Notice shall be given in all cases by publication.
d.ย
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.
e.ย
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.
f.ย
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.
g.ย
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.
h.ย
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.
i.ย
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.
[Ord. No. 85-9, ยงย 1107]
a.ย
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.
[Ord. No. 85-9, ยงย 1108]
a.ย
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:
1.ย
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
2.ย
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.
3.ย
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.
b.ย
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.
c.ย
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.
d.ย
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.
e.ย
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.
f.ย
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.
g.ย
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.
h.ย
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.
i.ย
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.
j.ย
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.
k.ย
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.
l.ย
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.
m.ย
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.
n.ย
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 ยง 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.
o.ย
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.
p.ย
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.
q.ย
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.
r.ย
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.
[Ord. No. 85-9, ยงย 1109]
a.ย
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 (ยง 30-11.2e1(e)).
b.ย
Time and Manner of Appeal; Fee. Such appeal shall be made within 10 days after the date of publication of the decision pursuant to ยง 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.
c.ย
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.
d.ย
Appeal To Be Decided on Record; Transcript.
1.ย
An appeal shall be decided by the Township Committee only upon the
record established before the Board of Adjustment.
2.ย
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 ยง 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 ยง 30-11.9f after hearing upon at least 10 days' written notice to the appellant by the moving party, may dismiss the appeal.
e.ย
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 ยง 30-11.9f and to the municipal agency at least 10 days prior to the date of the meeting.
f.ย
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 ยง 30-11.6f.
g.ย
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.
h.ย
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.
i.ย
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.
j.ย
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.
[Ord. No. 85-9, ยงย 1110]
a.ย
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.
[Ord. No. 85-9, ยงย 1111]
a.ย
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.
b.ย
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.
c.ย
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.
d.ย
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.
e.ย
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.
f.ย
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.
g.ย
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.
h.ย
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.
[Ord. No. 85-9, ยงย 1112]
a.ย
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.
b.ย
Contents of Report. The report of the Planning Board shall state:
1.ย
The major problems and objectives relating to land development in
the municipality and region at the time of the preceedings report,
if any.
2.ย
The extent to which such problems and objectives have been reduced
or have increased subsequent to such date.
3.ย
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.
4.ย
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.
[Ord. No. 87-2, ยงย 1; Ord. No. 2000-2, ยงย 3]
a.ย
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.
b.ย
ACCEPTABLE MANAGEMENT PRACTICES
COMMERCIAL FARM
NUISANCE
Definitions. As used in this subsection:
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.
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.
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.
c.ย
Protections.
1.ย
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.
2.ย
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.
3.ย
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.
d.ย
Mediation.
1.ย
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.
2.ย
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.
e.ย
Composition of the Agricultural Protection Committee.
1.ย
The Agricultural Protection Committee shall consist of five members.
2.ย
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.
f.ย
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.
[1]
Editor's Note: Former ยง 30-11.15, Transfer of Development
Rights, containing portions of Ord. No. 99-14, was repealed in its
entirety by Ord. No. 2000-11, ยงย 13.
[Ord. No. 85-9, ยงย 1200; Ord. No. 2015-06 ยงย 6]
a.ย
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.
b.ย
In cases of mixed occupancy, the regulations for each use shall apply
to the portion of the building or land so used.
[Ord. No. 85-9, ยงย 1201; Ord. No. 2001-8, ยงย 11; Ord. No. 2015-06 ยงย 6]
a.ย
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.
b.ย
It shall be the duty of the Zoning Officer and said officer shall
have the power to:
1.ย
Receive and examine all applications for zoning and other development
permits.
2.ย
Process zoning permit applications for all uses as enumerated in ยง 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.
3.ย
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.
4.ย
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.
5.ย
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.
6.ย
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).
7.ย
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).
8.ย
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.
9.ย
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.ย
Maintain a map showing the current zoning classification of all land
which shall be posted at the municipal building.
11.ย
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.ย
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.ย
Keep a record of all plans and applications for permits and all permits
issued, with notations as to special conditions attached thereto.
14.ย
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.ย
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.
[Ord. No. 85-9, ยงย 1202; Ord. No. 87-13, ยงย 3; Ord. No. 93-12, ยงย 1; Ord. No. 2002-01, ยงย 3; Ord. No. 2015-06 ยงย 6]
a.ย
Use Permits.
1.ย
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)ย
Use of any building or other structure hereinafter erected,
altered, or enlarged for which a construction permit or frontage improvement
plan is required;
(b)ย
Change in use in any building or structure;
(c)ย
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)ย
Change in the use or expansion of a nonconforming use.
2.ย
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.
3.ย
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.
b.ย
Construction Permits.
1.ย
Requirement of Construction Permits.
(a)ย
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)ย
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)ย
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.
2.ย
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 ยง 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.
3.ย
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.
4.ย
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.
c.ย
Occupancy Permits.
1.ย
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)ย
Occupancy of any building or other structure hereinafter erected,
altered, or enlarged for which a building permit is required;
(b)ย
Change in use of any building or structure;
(c)ย
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)ย
Change in the use or expansion of a nonconforming use.
2.ย
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.
3.ย
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.
4.ย
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.
5.ย
Fee for Occupancy Permit. The application fee for an occupancy permit
shall be in accordance with the fee schedule herein.
d.ย
Certificate of Occupancy.
1.ย
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.
2.ย
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)ย
The names, addresses and telephone numbers of the proposed owners
and tenants of the premises;
(b)ย
The type(s) and brief description(s) of the proposed use of
the premises including:
(1)ย
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)ย
Number of employees;
(3)ย
Hours of operations;
(4)ย
Current parking available on-site;
(5)ย
Location and size of signage; and
(6)ย
Identification of any hazardous materials stored or used on-site.
(c)ย
The proposed use of the premises including the provisions of
paragraphs d2(b)(1) through d2(b)(6) above.
(d)ย
Certification that all municipal taxes and all other applicable
fees and charges are current on or in regard to the subject premises.
3.ย
Administration. The Zoning Officer upon application for a certificate
of occupancy permit should:
(a)ย
Review the Township's land use, building, and other applicable
records to determine compliance with the Land Use Code;
(b)ย
Review the most recent approval resolution of the Planning Board
or Board of Adjustment as the case may be and insure compliance therewith;
(c)ย
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)ย
Verify that all fees and taxes for the subject property are
current;
(e)ย
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)ย
Verify receipt of application fee in accordance with the fee
schedule herein.
e.ย
Use and Occupancy Permits for Mining Extraction.
1.ย
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)ย
The removal or extraction of clay, rock, sand, or minerals;
(b)ย
The process of crushing or grading stone, sand, clay, or other
materials.
(c)ย
The leaching of minerals from clay, rock, or sand;
(d)ย
The use of any portion of the site for truck loading and unloading
of clay, rock, sand, or minerals; and,
(e)ย
The stockpiling of stone, sand, clay, or other materials.
2.ย
Application for Such Permits. All applications for such permits shall
be made to the Zoning Officer in writing to ascertain compliance with
this chapter.
3.ย
Issuance of Such Permits. No such permit shall be issued until the
Zoning Officer has received the following;
(a)ย
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)ย
A contour plat, drawn to a scale of 100 feet to the inch and
contour intervals of five feet showing:
(1)ย
The legal outbound as described in the deed and all adjacent
tax parcels;
(2)ย
The zoning district boundary lines;
(3)ย
The existing excavation pit, if applicable, and proposed location
and extent of the pit or lake;
(4)ย
The location of all existing and proposed overburden;
(5)ย
The location of all structures, including all residences on
adjacent parcels;
(6)ย
All setback and yard requirements;
(7)ย
All existing and proposed access points and internal circulation;
and,
(8)ย
A reclamation plan.
4.ย
Annual Renewal of Such Permits and Fees.
(a)ย
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)ย
The application for an annual permit shall be in accordance
with Subsection 3 above.
(c)ย
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.
f.ย
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, ยง 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.
1.ย
Exemptions. Any sign listed in exempt signs in ยง 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.
2.ย
General Regulations.
(a)ย
Any sign within an historic area shall be reviewed by the Planning
Board prior to the issuance of a permit.
(b)ย
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.
[Ord. No. 85-9, ยงย 1203; Ord. No. 2015-06 ยงย 6]
The fees for each permit shall be in accordance with the permit
fee schedule herein.
Zoning Permit Fees
(ยง 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
|
[Ord. No. 85-9, ยงย 1204; Ord. No. 2015-06 ยงย 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.
[Ord. No. 85-9, ยงย 1205; Ord. No. 2015-06 ยงย 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.
[Ord. No. 85-9, ยงย 1206; Ord. No. 2015-06 ยงย 6]
a.ย
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.
b.ย
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.
[Ord. No. 85-9, ยงย 1207; Ord. No. 2015-06 ยงย 6]
a.ย
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.
b.ย
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.
c.ย
Each such certificate shall be designated a certificate as to approval
of subdivision of land and shall certify:
1.ย
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
2.ย
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.
3.ย
Whether such subdivision, if same has not been approved, is statutorily
exempt from the requirement of approval as provided in this act.
d.ย
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.
[Ord. No. 85-9, ยงย 1208; Ord. No. 2015-06 ยงย 6]
a.ย
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 ยง 30-12.7.
b.ย
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 ยง 30-12.7.
[Ord. No. 85-9, ยงย 1209; Ord. No. 2015-06 ยงย 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.
[Ord. No. 85-9, ยงย 12-10; Ord. No. 2015-06 ยงย 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.
[Ord. No. 85-9, ยงย 1211; Ord. No. 94-4, ยงย 1; Ord. No. 2015-06 ยงย 6]
a.ย
Except as otherwise provided in ยง 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.
b.ย
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.
c.ย
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).
[Ord. No. 85-9, ยงย 1212; Ord. No. 2015-06 ยงย 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.
[Ord. No. 85-9, ยงย 1300; Ord. No. 2003-4, ยงย 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.
[Ord. No. 85-9, ยงย 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.
[Ord. No. 85-9, ยงย 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.
[Ord. No. 85-9, ยงย 1303; Ord. No. 90-2, ยงย 7]
a.ย
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.
b.ย
It is recommended that data furnished at this stage include the following:
1.ย
Block and lot number.
2.ย
Name and address of the owner/applicant.
3.ย
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.)
5.ย
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.
6.ย
North arrow.
7.ย
Written and graphic scales, including scale of location map.
8.ย
Total acreage of the site.
9.ย
Site boundaries.
10.ย
Intersecting boundaries of all adjoining properties (with names of
landowners).
11.ย
Streets on and adjacent to the site with future rights-of-way.
12.ย
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.ย
The net buildable site area, if required for use.
14.ย
Proposed general street layout.
15.ย
Proposed general lot layout, if subdivision is proposed.
16.ย
Types of buildings proposed.
17.ย
Numbers of units proposed.
18.ย
Open space areas.
19.ย
Recreation areas.
20.ย
Natural features map.
(a)ย
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)ย
Flood plain areas.
(c)ย
Flood plain soil areas.
(d)ย
Slope areas 0% to 10%, 10% to 15%, 15% to 20% and greater than
20%.
(e)ย
Forest areas.
(f)ย
Streams.
(g)ย
Lakes and ponds.
(h)ย
Wetlands.
[Ord. No. 85-9, ยงย 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.
[Ord. No. 85-9, ยงย 1305]
a.ย
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:
1.ย
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)ย
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)ย
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)ย
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 33ย 1/3% reduction of the total
interest has been retained by the Township for administrative and
other custodial expenses.
2.ย
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.
b.ย
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.
c.ย
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.
d.ย
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.
e.ย
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.
f.ย
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.
g.ย
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.
h.ย
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.
[Ord. No. 85-9, ยงย 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 ยง 30-14.2.
[Ord. No. 85-9, ยงย 1401]
a.ย
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.
b.ย
The following additional developments are also exempt from the requirements.
1.ย
The construction of a parking area for less than five vehicles.
2.ย
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.
[Ord. No. 85-9, ยงย 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.
[Ord. No. 85-9, ยงย 1403]
The Planning Board or its designated subcommittee or administrative
officer may waive the requirements if the proposed development:
a.ย
Secured previous site plan approval under the terms of this chapter;
b.ย
Involves normal maintenance or replacement, such as a new roof, painting,
new siding or similar activity; or,
c.ย
Does not affect existing circulation, drainage, building arrangements,
landscaping, buffering, lighting and other considerations of site
plan review.
[Ord. No. 85-9, ยงย 1404]
a.ย
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.
b.ย
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.
[Ord. No. 85-9, ยงย 1500; Ord. No. 2014-3 ยงย 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.
a.ย
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.
b.ย
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.
c.ย
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.
[Ord. No. 85-9, ยงย 1501]
a.ย
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.
b.ย
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.
[Ord. No. 85-9, ยงย 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.
[Ord. No. 85-9, ยงย 1504; Ord. No. 2005-8, ยงย 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:
a.ย
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.
b.ย
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.
c.ย
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 ยง 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.
[Ord. No. 85-9, ยงย 1505; Ord. No. 2005-8, ยงย 4]
a.ย
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.
b.ย
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.
c.ย
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.
[Ord. No. 85-9, ยงย 1506]
The Planning Board may, when exercising its powers pursuant to this chapter, grant variances as provided in ยง 30-11.1 herein.
[Ord. No. 85-9, ยงย 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:
a.ย
The detailed drawings and specifications meet all applicable codes
and ordinances.
b.ย
The final plans are substantially the same as the approved preliminary
site plans.
c.ย
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.
d.ย
Proof has been submitted that all taxes and assessments for local
improvements on the property have been paid.
[Ord. No. 85-9, ยงย 1508]
No public notice of applications for final site plan approval
shall be required.
[Ord. No. 85-9, ยงย 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.
[Ord. No. 85-9, ยงย 1511]
a.ย
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 ยง 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.
b.ย
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.
[Ord. No. 85-9, ยงย 1512]
The Planning Board may, as a condition of final approval:
a.ย
Grant final approval only for a designated geographic section of
the development.
b.ย
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.
[Ord. No. 85-9, ยงย 1600; Ord. No. 90-2, ยงย 8; Ord. No. 99-14, ยงย 13; Ord. No. 2001-2, ยงย 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.ย
A key map of the site with reference to surrounding areas and existing
street locations.
b.ย
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.
c.ย
Lot line dimensions.
d.ย
Location of all buildings and structures, streets, easements, driveways,
entrances and exits on the site and within 100 feet thereof.
e.ย
Proposed location and dimensions of proposed buildings and structures,
roads, driveways, parking areas, etc.
f.ย
Building setback, side line and rear yard distance.
g.ย
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.
h.ย
Topography showing existing and proposed contours. A reference bench
mark shall be clearly designated.
i.ย
Site capacity calculations, as defined in ยง 30-6.3 herein. All area measurements used for these calculations shall be taken from paragraphs g and h.
j.ย
Parking, loading and unloading areas shall be indicated with dimensions,
traffic patterns, access aisles and curb radii.
k.ย
Improvements such as roads, curbs, bumpers and sidewalks shall be
indicated with cross sections, design details and dimensions.
l.ย
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.
m.ย
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.
n.ย
Lighting details indicating type of standards, location, radius of
light and intensity in footcandles.
o.ย
Location, dimensions and details of signs.
p.ย
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)
|
[Ord. No. 85-9, ยงย 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.
[Ord. No. 85-9, ยงย 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.
[Ord. No. 85-9, ยงย 1603]
The Planning Board may waive submission of any required exhibits
in appropriate cases and for specific site plans.
[Ord. No. 85-9, ยงย 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.
[Ord. No. 85-9, ยงย 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.
[Ord. No. 85-9, ยงย 1702]
a.ย
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.
b.ย
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.
c.ย
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.
[Ord. No. 85-9, ยงย 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.
[Ord. No. 85-9, ยงย 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.
[Ord. No. 85-9, ยงย 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.)
[Ord. No. 85-9, ยงย 1803]
a.ย
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:
b.ย
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.
[Ord. No. 85-9, ยงย 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.
[Ord. No. 85-9, ยงย 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.
[Ord. No. 85-9, ยงย 1806]
Any lands, lots, or parcels resulting from minor subdivisions
shall not be resubmitted as a minor subdivision.
[Ord. No. 85-9, ยงย 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:
[Ord. No. 85-9, ยงย 1808; Ord. No. 2005-8, ยงย 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.
[Ord. No. 85-09, ยงย 1900]
At least 10 legible prints of the plat containing all data required in ยง 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.
[Ord. No. 85-9, ยงย 1901]
The following exhibits shall be filed with all preliminary plats:
a.ย
Two copies of an affidavit of ownership or letter from owner authorizing
submission of the plat.
b.ย
Two copies of a letter of intent stating the following information
if known:
1.ย
Types of structures(s) to be erected.
2.ย
Approximate date of start of construction.
3.ย
Priority of construction (point or location).
4.ย
A tentative section plan for the entire subdivision indicating all
facilities, including the estimated number of lots on which final
approval will be requested.
5.ย
A letter from the Tax Collector indicating that all taxes have been
paid to date on the property.
[Ord. No. 85-9, ยงย 1902]
a.ย
Copies of the preliminary plat and exhibits shall be forwarded immediately
upon receipt to the following persons or agencies:
1.ย
Township Engineer.
2.ย
County Board of Health.
3.ย
Township Construction Official.
4.ย
Township Zoning Officer.
5.ย
County Planning Board.
6.ย
Environmental Commission.
7.ย
Township Fire Company.
8.ย
Township Planning Board.
9.ย
Any other official or agency which may be affected by the proposed
subdivision or required to be notified by law.
b.ย
Applicant shall be responsible for forwarding all preliminary plans
and exhibits to the County Planning Board and other required agencies
set forth hereunder.
[Ord. No. 85-9, ยงย 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.
[Ord. No. 85-9, ยงย 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 ยง 30-11, Administration, subsections 30-11.6 and 30-11.7.
[Ord. No. 85-9, ยงย 1905]
The following shall be submitted to the Planning Board by the
applicant:
b.ย
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 ยง 30-11.7i.
c.ย
Fire Company. If appropriate, a letter from the Fire Company stating
that the proposed road system is adequate.
d.ย
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.
[Ord. No. 85-9, ยงย 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 ยง 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.
[Ord. No. 85-9, ยงย 1907; Ord. No. 2005-8, ยงย 2]
a.ย
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:
1.ย
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.
2.ย
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.
3.ย
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 ยง 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.
b.ย
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.
[Ord. No. 85-9, ยงย 1907; Ord. No. 2005-8, ยงย 4]
a.ย
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.
b.ย
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.
c.ย
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.
[Ord. No. 85-9, ยงย 2000]
a.ย
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.
b.ย
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.
[Ord. No. 85-9, ยงย 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:
a.ย
Township Engineer. A letter from the Township Engineer indicating:
1.ย
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.
2.ย
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.
3.ย
All items and amounts required for the corporate surety maintenance
guaranty.
4.ย
The final plat conforms to the preliminary plat as submitted and
approved.
b.ย
Tax Collector. A letter from the Tax Collector indicating that all
taxes have been paid to date on the property.
c.ย
Clerk.
1.ย
A letter from the Township Clerk indicating that the amount, form
and content of the maintenance guaranty have been accepted by the
Township Committee.
2.ย
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.
[Ord. No. 85-9, ยงย 2002]
Copies of the final plat shall be distributed to the following:
a.ย
Township Clerk.
b.ย
Township Engineer.
c.ย
Township Construction Official.
d.ย
Township Zoning Officer.
e.ย
Township Tax Assessor.
f.ย
County Planning Board.
g.ย
Township Fire Company.
h.ย
County Board of Health.
i.ย
Township Planning Board.
j.ย
Other municipal or County agencies or authorities as may be required.
[Ord. No. 85-9, ยงย 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.
[Ord. No. 85-9, ยงย 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.
[Ord. No. 85-9, ยงย 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 ยง 30-11.9b.
[Ord. No. 85-9, ยงย 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.
[Ord. No. 85-9, ยงย 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.
[Ord. No. 85-9, ยงย 2008]
a.ย
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.
b.ย
In case of a subdivision for 150 acres or more, the Planning Board may grant the rights referred to in ยง 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.
[Ord. No. 85-9, ยงย 2100]
All maps, plats and sketch plans required to be submitted by
this chapter shall conform to one of the following size configurations:
8ย 1/2 inches by 13 inches, 15 inches by 21 inches, 24 inches
by 36 inches or 30 inches by 42 inches.
[Ord. No. 85-9, ยงย 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:
a.ย
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.
b.ย
Structures. The location of existing houses, buildings, wells, septic
systems and other structures, with accurate dimensions from all existing
buildings and proposed lot lines.
c.ย
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.
d.ย
Identity. The Tax Map, street, date of revision, block and lot numbers
and zone district.
e.ย
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.
f.ย
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.
g.ย
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.
h.ย
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.
k.ย
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.
[Ord. No. 85-9, ยงย 2102; Ord. No. 86-4, ยงย 9; Ord. No. 99-14, ยงย 14; Ord. No. 2001-2, ยงย 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:
a.ย
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.
b.ย
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.
c.ย
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:
1.ย
Record owner or owners of property to be subdivided; if other than
an individual, the corporate officers or partners or other statutory
agent.
2.ย
Subdivider.
3.ย
Person who prepared map, with his official seal and license numbers.
4.ย
Owners of property within 200 feet of entire tract being subdivided.
d.ย
Acreage. Acreage of tract to be subdivided, to nearest hundredth
of an acre.
e.ย
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.
f.ย
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.
g.ย
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.
h.ย
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.
i.ย
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.
j.ย
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.
k.ย
Setback Lines. All front, rear and side yard lines shall be shown
for all lots.
l.ย
Deed Restrictions. A copy of any protective covenants or deed restrictions
applying to the land being subdivided shall be submitted with the
preliminary plat.
m.ย
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.
n.ย
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.
o.ย
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:
1.ย
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.
2.ย
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.
3.ย
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.
[Ord. No. 85-9, ยงย 2103]
a.ย
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.
b.ย
The final plat shall show or be accompanied by the following:
1.ย
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.
2.ย
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.
3.ย
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.
4.ย
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.
5.ย
Monuments. Location and description of all monuments shall be shown.
6.ย
Consent of Owner. Certification the applicant is agent or owner of
the land or that the owner has given consent to file the map.
7.ย
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.
8.ย
Certifications. The following certifications shall appear on the
final plat:
(a)ย
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)ย
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)ย
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)ย
This application is approved by the Township of Union Planning Board
as a major subdivision.
Chairman
|
Date
|
Secretary
|
Date
|
9.ย
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.
[Ord. No. 85-9, ยงย 2200]
The standards and requirements outlined herein shall be considered
minimum and shall apply to site plans and subdivisions.
[Ord. No. 85-9, ยงย 2201]
a.ย
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.
b.ย
In general lot lines shall follow municipal boundary lines rather
than cross them.
c.ย
Subdivisions and site plans shall be laid out to minimize cutting
and filling.
d.ย
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.
[Ord. No. 85-9, ยงย 2202]
a.ย
The length, width and shape of blocks shall be determined with due
regard to the following:
1.ย
Provisions of adequate sites for the types of buildings proposed.
2.ย
Zoning requirements for lot sizes, dimensions, and minimum lot areas
per dwelling unit.
3.ย
The limitations and opportunities of the topography.
4.ย
Safe and convenient vehicular and pedestrian circulation and access.
5.ย
In the design of blocks, special consideration shall be given to
the requirements of satisfactory fire protection.
b.ย
Blocks in subdivisions shall have a maximum length of 1,600 feet
and a minimum length of 500 feet.
[Ord. No. 85-9, ยงย 2203; Ord. No. 90-2, ยงย 9; Ord. No. 2001-8, ยงย 2]
a.ย
Lot dimensions and areas exclusive of easements shall not be less
than specified by provisions of the zoning regulations herein.
b.ย
Corner lots and double frontage lots shall provide for equal front
yard setbacks on each street.
c.ย
Building setback line shall not be less than specified by the provisions
of the zoning regulations herein.
d.ย
Residential lots must front on and have wholly owned access to either
an existing or proposed street.
e.ย
Double frontage lots shall be deed restricted limiting access to
the lower order street.
f.ย
Flag Lots.
1.ย
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.
2.ย
The following regulations shall apply to flag lots:
(a)ย
The pole of the flag which provides access to the roadway shall
be a minimum of 50 feet wide for its entire length.
(b)ย
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)ย
The front, side and rear yard setbacks shall be 100 feet for
parcels in the CM (Conservation Management) and WM (Watershed Management)
districts.
(d)ย
A rear lot line for a flat lot is any line at the rear of the
lot which is within an angle of 45ยฐ to the public road entrance.
(e)ย
Side yard lot lines are those whose angles relative to the entrance
road are between 45ยฐ and 135ยฐ. A front yard lot line is any
line whose angle relative to the public road is 45ยฐ or less.
g.ย
Cul-De-Sac Lots. No more than three lots shall be permitted within
the circumference of a cul-de-sac.
[Ord. No. 85-9, ยงย 2204]
a.ย
Utility easement shall be provided as necessary, joint utilization
of easements by two or more utilities is encouraged.
b.ย
To the fullest extent possible, easement shall be centered on or
adjacent to rear or side lot lines.
c.ย
Easements with a minimum width of 25 feet shall be provided for utilities.
d.ย
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.
e.ย
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.
f.ย
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.
[Ord. No. 85-9, ยงย 2205]
a.ย
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).
b.ย
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.
c.ย
Proposed streets shall conform to such County and State street and
highway plans as have been prepared, adopted and filed as prescribed
by law.
d.ย
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.
e.ย
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.
f.ย
Dead end streets shall be prohibited, except as culs-de-sac.
g.ย
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.
h.ย
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.
i.ย
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.
[Ord. No. 85-9, ยงย 2206]
a.ย
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.
b.ย
Standards.
1.ย
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
|
2.ย
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.
[Ord. No. 85-9, ยงย 2207; Ord. No. 86-4, ยงย 10; Ord. No. 92-9, ยงย 1]
a.ย
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.
b.ย
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.
c.ย
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.
d.ย
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.
e.ย
Design Options.
1.ย
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.
2.ย
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.
f.ย
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
|
g.ย
Spillover Parking.
1.ย
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.
2.ย
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.
3.ย
When spillover parking is provided on the individual lots the following
criteria must be met:
4.ย
When spillover parking is provided within the cartway, minimum cartway
shall be 23 feet.
h.ย
Residential Access Streets.
1.ย
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.
2.ย
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.
3.ย
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.
4.ย
Street Width and Curbing. See the Table of Street Design Options
at the end of this section.
5.ย
Shoulders. When curbing is not required, two foot wide stabilized
turf shoulders shall be provided on both sides of the cartway.
6.ย
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.
7.ย
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%.
8.ย
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.
i.ย
Residential Subcollector.
1.ย
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.
2.ย
Service Restrictions.
(a)ย
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)ย
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.
3.ย
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.
4.ย
Street Width and Curbing. Refer to the Table of Street Design Options
at the end of this section.
5.ย
Shoulders. When curbing is not required, two-foot wide stabilized
turf shoulders shall be provided on both sides of the cartway.
6.ย
Moving Lanes. All subcollector streets shall be provided with two
continuous moving lanes within which parking is prohibited.
7.ย
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.
j.ย
Residential Collector.
1.ย
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.
2.ย
Service Restrictions.
(a)ย
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)ย
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)ย
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)ย
On-street parking shall be prohibited on residential collector
street.
3.ย
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.
4.ย
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.
5.ย
Shoulders. Three-foot wide stabilized turf shoulders are required
along both sides of the residential collector street cartway.
6.ย
Moving Lanes. All residential collector streets shall be provided
with a minimum of two moving lanes.
7.ย
On-Street Parking. On-street parking shall be prohibited on residential
collector streets.
8.ย
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)ย
Minimum grade: 0.5%.
(b)ย
Maximum grade: 8%.
(c)ย
Horizontal curvature: minimum centerline radius of 350 feet.
(d)ย
Minimum tangent length between reverse curves: 150 feet.
(e)ย
Super elevation: 0.08 foot/foot.
(f)ย
Stopping sight distance: 275 feet.
(g)ย
Maximum grade within 50 feet of intersection: 3% minimum.
k.ย
Alleys.
1.ย
Alleys are not permitted in residential developments.
2.ย
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.
3.ย
The width of an alley shall not be less than 22 feet.
4.ย
Alley intersections and sharp changes in alignment should be avoided,
but where necessary, corners shall be cut off sufficiently to permit
safe vehicular movement.
5.ย
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.
l.ย
Driveways.
1.ย
Access to Parking Areas.
(a)ย
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)ย
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)ย
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)ย
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.
[Ord. No. 85-9, ยงย 2208]
Special purpose streets are streets which are intended to serve
commercial or industrial areas.
a.ย
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.
b.ย
Street Access. Special purpose streets may only intersect existing
streets.
c.ย
Moving Lanes. All industrial/commercial streets shall be provided
with a minimum of two continuous moving lanes in which no parking
is permitted.
e.ย
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.
[Ord. No. 85-9, ยงย 2209]
a.ย
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.
b.ย
Intersection Spacing.
1.ย
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.
2.ย
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)ย
Access onto marginal access roads from commercial, industrial,
and other nonresidential uses shall be at intervals of not less than
150 feet.
(b)ย
Access onto arterial or collector highways from a marginal access
road shall be at intervals of not less than 600 feet.
(c)ย
Access onto secondary streets from commercial, industrial and
other nonresidential uses shall be at intervals of not less than 150
feet.
c.ย
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.
[Ord. No. 85-9, ยงย 2210;
Ord, No. 92-9, ยงย 1]
a.ย
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.
[Ord. No. 85-9, ยงย 2211; Ord. No. 2001-8, ยงย 5]
a.ย
Corner Sight Distance (Clear Sight Triangle).
1.ย
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
|
2.ย
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.
b.ย
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
|
c.ย
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
|
d.ย
Intersection Angle. Intersecting roads shall intersect at a 90ยฐ
angle for a minimum of 50 feet from the intersection beyond the intersection
of the right-of-way lines.
e.ย
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.
1.ย
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 ยง 30-22.20.
2.ย
Deceleration lanes shall be designed to the following standards:
(a)ย
The lane width shall be the same as the required width of the
roadway moving lanes.
(b)ย
The lane shall provide the full required land width for its
full length. It shall not be tapered.
(c)ย
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
|
[Ord. No. 85-9, ยงย 2212]
a.ย
Street Trees.
1.ย
Street trees shall be planted along all streets where street trees
do not exist.
2.ย
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.
3.ย
At intersections, trees shall be located no closer than 30 feet from
the intersection of the street right-of-way.
4.ย
A mixture of at least three different species of trees is required.
5.ย
Street trees shall be planted within the right-of-way, but not over
underground utility easements, unless otherwise approved by the Township
Planning Board.
6.ย
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.
7.ย
The minimum trunk diameter, measured at a height of six inches above
the finished grade level, shall be 2.5 inches.
8.ย
Approved trees include the following:
(a)ย
Acer plantanoides - Norway Maple.
(b)ย
Acer rubrum - Red Maple.
(c)ย
Acer saccharum - Sugar Maple.
(d)ย
Fraxinus americana - White Ash.
(e)ย
Fraxinus pennsylvania lanceolate - Green Ash.
(f)ย
Gleditsia tricanthos inermis - Thornless Honey Locust.
(g)ย
Liquidamber styraciflua - Sweet Gum.
(h)ย
Liriodendron tulipifera - Tulip Tree.
(i)ย
Pheilodendron amurense - Amur Cork Tree.
(j)ย
Platanus Acerifolia - London Plane Tree.
(k)ย
Quercus alba - White Oak.
(l)ย
Quercus coccinea - Scarlet Oak.
(m)ย
Quercus borealis - Red Oak.
(n)ย
Quercus palustris - Pin Oak.
(o)ย
Quercus pheilos - Willow Oak.
(p)ย
Robina pseudoacacia inermis - Thornless Black Locust.
(q)ย
Tilia - Linden (all species hardy to the area)
(r)ย
Zelkova serrata - Japanese Zelkova.
(s)ย
Acer ginnala - Amur Maple.
(t)ย
Cornus florida - Flowering Dogwood.
(u)ย
Crataegus phaenopyrum - Washington Hawthorn.
(v)ย
Gingko bilboa - Gingko (male only).
(w)ย
Prunus kwanzan - Kwanzan Cherry.
(x)ย
Pyrus calleryana bradford - Callery Pear.
(y)ย
Sophora japonica - Japanese Pagodatree.
Other species may be used upon approval by the Planning Board.
b.ย
Street Signs.
1.ย
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.
2.ย
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.
3.ย
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.
[Ord. No. 85-9, ยงย 2213; Ord. No. 92-8, ยงย 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:
a.ย
All new and reconstructed streets in the Township of Union shall
hereinafter be constructed with a six inch sub-base comprised of properly
compacted 1ย 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.
b.ย
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.
c.ย
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.
[Ord. No. 85-9, ยงย 2214; Ord. No. 90-2, ยงย 9; Ord. No. 2001-8, ยงย 3]
a.ย
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.
b.ย
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).
c.ย
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.
d.ย
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.
e.ย
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 ยง 30-7 herein.
1.ย
Pedestrian crosswalks and refuge islands shall be provided at intervals
not exceeding 200 feet along the length of each parking area.
2.ย
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
|
3.ย
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.
4.ย
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.
f.ย
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.
g.ย
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.
h.ย
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.
i.ย
In a parking lot, all parking spaces shall be marked so that individual
spaces are identifiable.
j.ย
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.
k.ย
Parking lot pavement thickness shall contain a five-inch base course
and a two-inch top course.
[Ord. No. 85-9, ยงย 2215].
a.ย
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.
b.ย
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.
[Ord. No. 85-9, ยงย 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.
a.ย
The recreational activities and/or facilities for which the area
is intended must be specified on the development plans.
b.ย
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.
c.ย
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 ยง 30-6 of this chapter, is less than the required 10,000 square feet.
d.ย
Recreation areas required by the zoning regulations herein shall
not include land with resource limitations as established by the zoning
regulations.
e.ย
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.
f.ย
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.
g.ย
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.
[Ord. No. 85-9, ยงย 2217]
a.ย
Sidewalks shall be provided where required by the Township.
b.ย
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.
c.ย
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.
d.ย
The thickness and type of construction of all sidewalks shall be
in accordance with the Township specifications.
e.ย
At corners and pedestrian street crossing points, sidewalks shall
be extended to the curbline with an adequate apron area for anticipated
pedestrian traffic.
f.ย
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.
g.ย
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.
[Ord. No. 85-9, ยงย 2218]
a.ย
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.
b.ย
The access requirements of this chapter shall be met.
c.ย
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.
d.ย
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.
e.ย
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.
f.ย
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.
g.ย
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.
h.ย
All area, design, and parking requirements shall conform to the zoning
regulations herein.
[Ord. No. 85-9, ยงย 2219; Ord. No. 90-2, ยงย 9]
a.ย
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:
1.ย
Residential: 100 or more dwelling units.
2.ย
Commercial: A commercial building or buildings consisting of 25,000
square feet or more of gross leaseable floor space, and all fast food
franchises.
3.ย
Office: A development consisting of 25,000 square feet or more of
gross leaseable floor space.
4.ย
Industrial: A development consisting of 50,000 square feet or more
of gross leaseable floor space.
5.ย
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.
b.ย
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.
1.ย
Traffic impact statements shall be based on the following criteria:
(a)ย
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)ย
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)ย
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)ย
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)ย
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)ย
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)ย
Levels of Services.
(1)ย
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)ย
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)ย
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)ย
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)ย
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)ย
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.
[Ord. No. 85-9, ยงย 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.
[Ord. No. 85-9, ยงย 2221]
All development submissions shall include natural resource protection calculations, as defined in the Township zoning ordinance, ยง 30-6.3b.
[Ord. No. 85-9, ยงย 2222]
The developer shall perform the site capacity calculations as are outlined in ยง 30-6.3b of this chapter.
Editor's Note: Table of Residential Street Design Options is included as an attachment to this chapter.
[Ord. No. 85-9, ยงย 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.
[Ord. No. 85-9, ยงย 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.
[Ord. No. 85-9, ยงย 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:
a.ย
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:
1.ย
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.
2.ย
Developer's Pro Rata Share.
(a)ย
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)ย
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)ย
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.
b.ย
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:
1.ย
The Township Engineer shall provide the applicant's engineer with
the existing and anticipated peak hour flows for the off-tract improvement.
2.ย
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
|
c.ย
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:
1.ย
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.
2.ย
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
|
[Ord. No. 85-9, ยงย 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.
[Ord. No. 85-9, ยงย 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.
[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.
a.ย
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.
b.ย
Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in ยงย 30-24.2.
c.ย
d.ย
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.
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.
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.
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
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.
The New Jersey Department of Environmental Protection.
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.
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.
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.
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.
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.
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.
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
A stormwater management measure that manages stormwater close
to its source by:
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.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
The process by which water seeps into the soil from precipitation.
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.
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.
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.
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.
Any city, borough, town, township, or village.
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 ยงย 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.
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm,
association, political subdivision of this state and any state, interstate
or federal agency.
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. ยงยงย 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.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
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.
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.
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.
The lot or lots upon which a major development is to occur
or has occurred.
All unconsolidated mineral and organic material of any origin.
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.
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).
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.
A public body authorized by legislation to prepare stormwater
management plans.
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.
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
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.
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.
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."
a.ย
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:
1.ย
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.
2.ย
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
b.ย
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.
a.ย
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with ยงย 30-24.10.
b.ย
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).
c.ย
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of ยงย 30-24.4p, q and r:
1.ย
The construction of an underground utility line, provided that the
disturbed areas are revegetated upon completion;
2.ย
The construction of an aboveground utility line, provided that the
existing conditions are maintained to the maximum extent practicable;
and
3.ย
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.
d.ย
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of ยงย 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:
1.ย
The applicant demonstrates that there is a public need for the project
that cannot be accomplished by any other means;
4.ย
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 ยงย 30-24.4d3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of ยงย 30-24.4o, p, q and r that were not achievable on-site.
e.ย
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 ยงย 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.
f.ย
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
|
โ
|
Dry well(a)
|
0%
|
No
|
Yes
|
2
|
Grass swale
|
50% or less
|
No
|
No
|
2(e)
1(f)
|
Green roof
|
0%
|
Yes
|
No
|
โ
|
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
|
โ
|
(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 ยงย 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 ยงย 30-24.2;
|
(h)
|
Manufactured treatment devices that do not meet the definition of "green infrastructure" at ยงย 30-24.2.
|
g.ย
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 ยงย 30-24.4b. Alternative stormwater management measures may be used to satisfy the requirements at ยงย 30-24.4o only if the measures meet the definition of "green infrastructure" at ยงย 30-24.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at ยงย 30-24.4o2 are subject to the contributory drainage area limitation specified at ยงย 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 ยงย 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 ยงย 30-24.4d is granted from ยงย 30-24.4o.
h.ย
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.
i.ย
Design standards for stormwater management measures are as follows:
1.ย
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);
2.ย
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 ยงย 30-24.8c;
3.ย
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;
4.ย
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at ยงย 30-24.8; and
5.ย
The size of the orifice at the intake to the outlet from the stormwater
management BMP shall be a minimum of 2ย 1/2 inches in diameter.
j.ย
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 ยงย 30-24.2 may be used only under the circumstances described at ยงย 30-24.4o4.
k.ย
Any application for a new agricultural development that meets the definition of "major development" at ยงย 30-24.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at ยงย 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.
l.ย
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at ยงย 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.
m.ย
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 ยงย 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 ยงย 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.
n.ย
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 ยงย 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.
o.ย
Green infrastructure standards.
1.ย
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.
2.ย
To satisfy the groundwater recharge and stormwater runoff quality standards at ยงย 30-24.4p and q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at ยงย 30-24.4f and/or an alternative stormwater management measure approved in accordance with ยงย 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
|
4.ย
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with ยงย 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 ยงย 30-24.4g may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at ยงย 30-24.4p, q and r.
5.ย
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 ยงย 30-24.4p, q and r, unless the project is granted a waiver from strict compliance in accordance with ยงย 30-24.4d.
p.ย
Groundwater recharge standards.
1.ย
This subsection contains the minimum design and performance standards
for groundwater recharge as follows.
2.ย
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at ยงย 30-24.5, either:
(a)ย
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)ย
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.
3.ย
This groundwater recharge requirement does not apply to projects
subject to Subsection p4 below.
4.ย
The following types of stormwater shall not be recharged:
(a)ย
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)ย
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.
q.ย
Stormwater runoff quality standards.
1.ย
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.
2.ย
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)ย
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)ย
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.
3.ย
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.
4.ย
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
|
5.ย
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.
|
6.ย
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 ยงย 30-24.4p, q and r.
7.ย
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.
8.ย
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.
9.ย
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.ย
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.
r.ย
Stormwater runoff quantity standards.
1.ย
This subsection contains the minimum design and performance standards
to control stormwater runoff quantity impacts of major development.
2.ย
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at ยงย 30-24.5, complete one of the following:
(a)ย
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)ย
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)ย
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.
3.ย
The stormwater runoff quantity standards shall be applied at the
site's boundary to each abutting lot, roadway, watercourse, or receiving
storm sewer system.
a.ย
Stormwater runoff shall be calculated in accordance with the following:
1.ย
The design engineer shall calculate runoff using one of the following
methods:
(a)ย
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)ย
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.
2.ย
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 ยงย 30-24.5a1(a) and the Rational and Modified Rational Methods at ยงย 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).
3.ย
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.
4.ย
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.
5.ย
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.
b.ย
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.
a.ย
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.
1.ย
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 ยงย 30-24.4, above.
2.ย
Additional maintenance guidance is available on the Department's
website at https://www.njstormwater.org/maintenance_guidance.htm.
b.ย
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.
a.ย
Site design features identified under ยงย 30-24.4f above, or alternative designs in accordance with ยงย 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 ยงย 30-24.7a2 below.
1.ย
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)ย
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)ย
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)ย
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.
2.ย
The standard in ยงย 30-24.7a1 above does not apply:
(a)ย
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)ย
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)ย
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)ย
A rectangular space 4.625 inches long and 1ย 1/2 inches wide
(this option does not apply for outfall netting facilities); or
(2)ย
A bar screen having a bar spacing of 0.5 inch.
(3)ย
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)ย
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)ย
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.
a.ย
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.
b.ย
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 ยงย 30-24.8c1, 2, and 3 for trash racks, overflow grates, and escape provisions at outlet structures.
c.ย
Requirements for trash racks, overflow grates and escape provisions.
1.ย
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)ย
The trash rack shall have parallel bars, with no greater than
six-inch spacing between the bars;
(b)ย
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure;
(c)ย
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)ย
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.
2.ย
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)ย
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance.
(b)ย
The overflow grate spacing shall be no less than two inches
across the smallest dimension.
(c)ย
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.
3.ย
Stormwater management BMPs shall include escape provisions as follows:
(a)ย
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 ยงย 30-24.8c, a freestanding outlet structure may be exempted from this requirement;
(b)ย
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2ย 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 2ย 1/2 feet below the permanent water surface, and the second step shall be located one to 1ย 1/2 feet above the permanent water surface. See ยงย 30-24.8e for an illustration of safety ledges in a stormwater management BMP; and
(c)ย
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.
d.ย
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.
a.ย
Submission of site development stormwater plan.
1.ย
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 ยงย 30-24.9c below as part of the submission of the application for approval.
2.ย
The applicant shall demonstrate that the project meets the standards
set forth in this section.
b.ย
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.
c.ย
Submission of site development stormwater plan. The following information
shall be required:
1.ย
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.
2.ย
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.
3.ย
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.
4.ย
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of ยงยงย 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.
5.ย
Stormwater management facilities map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
(a)ย
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)ย
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.
6.ย
Calculations.
(a)ย
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in ยงย 30-24.4 of this section.
(b)ย
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.
7.ย
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of ยงย 30-24.10.
8.ย
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 ยงย 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.
b.ย
General maintenance.
1.ย
The design engineer shall prepare a maintenance plan for the stormwater
management measures incorporated into the design of a major development.
2.ย
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.
3.ย
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.
4.ย
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.
5.ย
If the party responsible for maintenance identified under ยงย 30-24.10b3 above is not a public agency, the maintenance plan and any future revisions based on ยงย 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.
6.ย
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.
7.ย
The party responsible for maintenance identified under ยงย 30-24.10b3 above shall perform all of the following requirements:
(a)ย
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)ย
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed; and
(c)ย
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 ยงย 30-24.10b6 and 7 above.
8.ย
The requirements of ยงย 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.
9.ย
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.
c.ย
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.
d.ย
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 ยงย 30-24.10b9.
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 (ยงย 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.
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.
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.
[Ord. No. 85-9, ยงย 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:
a.ย
Maintain the useful life of reservoirs by preventing sedimentation;
b.ย
Prevent dangers to life and property from flooding resulting from
excessive water runoff and clogging of drainage structures.
c.ย
Preserve the recreational use of water bodies for swimming and fishing
by preventing stagnation;
d.ย
Enhance the recycling of waste water by maintaining sufficient flows
in streams and rivers to maintain oxygen levels.
e.ย
Prevent toxic materials, nitrates, and pesticides from entering public
water supplies.
f.ย
Reduce public expenditures for repair of public facilities resulting
from soil erosion and sedimentation.
[Ord. No. 85-9, ยงย 2501]
a.ย
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.
b.ย
Exemptions. The following activities are specifically exempt from
this section except as noted in the subsections above.
1.ย
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.
2.ย
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.
3.ย
Use of land for gardening primarily for home consumption.
4.ย
Percolation tests and/or soil borings.
c.ย
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:
1.ย
The plan was approved; or
2.ย
The plan was approved subject to the attached conditions; or,
3.ย
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.
d.ย
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.
e.ย
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:
1.ย
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.
2.ย
Location and description of proposed changes to the site including
contours and spot elevation showing existing and post construction
conditions.
3.ย
Measures for soil erosion and sediment control.
4.ย
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.
5.ย
All proposed revisions of data required shall be submitted for approval.
6.ย
Descriptions of means for maintenance of erosion and sediment control
measures and facilities during and after construction.
[Ord. No. 85-9, ยงย 2502]
a.ย
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:
1.ย
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.
2.ย
Temporary plant cover or mulching shall be used to protect critical
erosion areas during construction or other disturbance.
3.ย
Temporary diversions and outlets shall be constructed or installed
to accommodate the increased runoff caused by the changed soil and
surface conditions during development.
4.ย
Sediment shall be retained on the site to the maximum extent feasible.
5.ย
Sediment basins, debris basins, desilting basins, silt traps, or
similar structures shall be installed prior to any on-site grading
or disturbance.
6.ย
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.
7.ย
Permanent improvements, such as roads, catch basins and curbs shall
be installed or constructed and completed as quickly as possible.
b.ย
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.
[Ord. No. 85-9, ยงย 2503]
a.ย
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.
b.ย
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.
c.ย
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.
[Ord. No. 85-9, ยงย 2504]
The following procedures shall apply with respect to the enforcement
of this section:
a.ย
Regular inspection of projects to determine execution in accordance
with the certified plan shall be carried out by the Township Engineer.
b.ย
The applicant shall be required to have the certified plan on site
during construction.
c.ย
The Township Engineer shall determine at each inspection whether
or not the provisions of the certified plan are being followed by
the applicant.
d.ย
The Township Engineer shall inform the applicant in writing of observed
deviation from the certified plan and request immediate compliance
with the plan.
e.ย
The Township Engineer may issue a stop-construction order if the
applicant fails to comply with the provisions of the certified plan.
f.ย
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.
g.ย
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.
[Ord. No. 85-9, ยงย 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.
[Ord. No. 90-8, ยงย 1; Ord. No. 98-7, ยงย IV; Ord. No. 99-14, ยงย 15; Ord. No. 2001-2, ยงย 4; Ord. No. 2001-6, ยงย 2; Ord. No. 2003-4, ยงย III; Ord. No. 2004-9, ยงย 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.
a.ย
Schedule "A" - General Requirements. The following general requirements
are applicable to all submissions.
1.ย
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).
2.ย
Certification from the Tax Collector that all taxes are paid and
assessments on the property are paid.
3.ย
Receipt indicating that all fees are paid.
4.ย
Name and address of owner.
5.ย
Affidavit of Ownership. If applicant is not the owner, state the
applicant's interest in the land and consent of owner to file application.
6.ย
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.
7.ย
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)ย
One paper copy and one electronic copy to the Board Engineer.
(b)ย
One paper copy and one electronic copy to the Board Planner.
(c)ย
One paper copy and one electronic copy to the Board Attorney.
(d)ย
Such additional paper copies and/or electronic copies of the
plan(s) as may be requested by the Board Secretary.
(e)ย
The Board Secretary shall distribute electronic copies to the
Zoning Officer, the Secretary of the Union Township Environmental
Commission and to each Board member.
8.ย
Number of witnesses and their expertise, if any.
9.ย
Statement as to any requirements for which waiver is sought, together
with a statement of reasons why waivers should be granted.
10.ย
A completed checklist.
b.ย
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 ยง 30-25 et seq. of this chapter
|
X
|
X
|
X
|
X
| ||
53.
|
Stormwater Management Plan in accordance with ยง 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 ยง 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
|
c.ย
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 ยง 30-25 of this chapter
|
X
|
X
| ||||
53.
|
Stormwater Management Plan in accordance with ยง 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 ยง 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
|
d.ย
Schedule "D". For site plans involving new wireless telecommunications
antenna towers, the following additional information shall also be
provided:
1.ย
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.
2.ย
Calculations of expected radio-frequency emission levels at the nearest
structure in each direction from the proposed facility shall be provided.
3.ย
A report shall be submitted provided the technical justifications for the design and location of any proposed antenna(s) and tower(s) consistent with ยง 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.
6.ย
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.
7.ย
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 ยง 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.
8.ย
A visual impact study:
(a)ย
Indicating the topography of the selected site relative to the
surrounding areas.
(b)ย
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)ย
Identifying locations within a three-mile radius of the site
from which any proposed new tower will be visible;
(d)ย
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)ย
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.
e.ย
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
|
(ย ย ) Planning Board
|
(ย ย ) 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
| |
(ย ย ) Planning Board
| |
(ย ย ) 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
|
Prior ordinance history: Ordinance No. 94-8, 98-8, 2000-10,
2003-18, 2005-3, 2005-14.
[Ord. No. 2014-2 ยงย 1]
a.ย
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.
b.ย
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]
c.ย
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.
d.ย
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]
[Ord. No. 2014-2 ยงย 2;
amended 12-19-2018 by Ord. No. 2018-13]
b.ย
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.
[Ord. No. 2014-2 ยงย 3]
a.ย
AFFORDABLE HOUSING DEVELOPMENT
COAH OR THE COUNCIL
DEVELOPER
DEVELOPMENT FEE
EQUALIZED ASSESSED VALUE
GREEN BUILDING STRATEGIES
The following terms, as used in this section, shall have the following
meanings:
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.
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]
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.
Shall mean money paid by a developer for the improvement
of property as permitted in N.J.A.C. 5:97-8.3.
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).
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.
[Ord. No. 2014-2 ยงย 4]
a.ย
Imposed Fees.
1.ย
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.
2.ย
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.
b.ย
Eligible Exactions, Ineligible Exactions and Exemptions for Residential
Development.
1.ย
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.
2.ย
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.
3.ย
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.
4.ย
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.
[Ord. No. 2014-2 ยงย 5]
a.ย
Imposed Fees.
1.ย
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.
2.ย
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.
3.ย
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.
b.ย
Eligible Exactions, Ineligible Exactions and Exemptions for Nonresidential
Development.
1.ย
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.
2.ย
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.
3.ย
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.
4.ย
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.
5.ย
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.
[Ord. No. 2014-2 ยงย 6]
a.ย
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.
b.ย
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.
c.ย
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.
d.ย
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.
e.ย
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.
f.ย
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.
g.ย
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).
h.ย
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.
i.ย
Appeal of Development Fees.
1.ย
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.
2.ย
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.
[Ord. No. 2014-2 ยงย 7]
a.ย
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.
b.ย
The following additional funds shall be deposited in the Affordable
Housing Trust Fund and shall at all times be identifiable by source
and amount:
1.ย
Payments in lieu of on-site construction of affordable units;
2.ย
Developer contributed funds to make 10% of the adaptable entrances
in a townhouse or other multistory attached development accessible;
3.ย
Rental income from municipally operated units;
4.ย
Repayments from affordable housing program loans;
5.ย
Recapture funds;
6.ย
Proceeds from the sale of affordable units; and
7.ย
Any other funds collected in connection with Union Township's affordable
housing program.
c.ย
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).
d.ย
All interest accrued in the Housing Trust Fund shall only be used
on eligible affordable housing activities approved by COAH.
[Ord. No. 2014-2 ยงย 8]
a.ย
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.
b.ย
Funds shall not be expended to reimburse Union Township for past
housing activities.
c.ย
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.
1.ย
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.
2.ย
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.
3.ย
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.
d.ย
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.
e.ย
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]
[Ord. No. 2014-2 ยงย 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.
[Ord. No. 2014-2 ยงย 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).
[Ord. No. 96-20, ยงยงย I
and II; amended 12-19-2018 by Ord. No. 2018-12; 4-17-2019 by Ord. No. 2019-3]
a.ย
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.
b.ย
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.
c.ย
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.
e.ย
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.
f.ย
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.
g.ย
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:
1.ย
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.
2.ย
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.
As used herein the following terms shall have the following
meanings:
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.
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.).
Constructed in compliance with the technical design standards
of the Barrier Free Subcode, N.J.A.C. 5:23-7.
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.
A regional marketing strategy designed to attract buyers
and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
The average percentage of median income at which restricted
units in an affordable housing development are affordable to low-
and moderate-income households.
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.
A housing development all or a portion of which consists
of restricted units.
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.
Any mechanism in a municipal Fair Share Plan prepared or
implemented to address a municipality's fair share obligation.
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.
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. ยงย 3607.
The New Jersey Housing and Mortgage Finance Agency established
by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1, et seq.).
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.
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.
A household that has been certified by an administrative
agent as a low-income household or moderate-income household.
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.).
The State of New Jersey Department of Community Affairs.
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.
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.
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.
Money paid by a developer for the improvement of property
as permitted in N.J.A.C. 5:93-8.[4]
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).
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]
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.
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.
A household with a total gross annual household income equal
to 50% or less of the median household income.
A restricted unit that is affordable to a low-income household.
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.
Housing not restricted to low- and moderate-income households
that may sell or rent at any price.
The median income by household size for the applicable county,
as adopted annually by COAH or approved by the NJ Superior Court.
A household with a total gross annual household income in
excess of 50% but less than 80% of the median household income.
A restricted unit that is affordable to a moderate-income
household.
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.
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).
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.
The repair, renovation, alteration or reconstruction of any
building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C.
5:23-6.
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.
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.
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.
The Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26.1 et seq.
A household with a total gross annual household income equal
to 30% or less of the median household income.
A restricted unit that is affordable to a very-low-income
household.
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.
a.ย
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.
b.ย
This Township-wide mandatory set-aside requirement does not supersede the effects or requirements of the Inclusionary Overlay Zoning Districts established per ยงย 30-4.18 et seq. for any inclusionary residential development that occurs within the boundaries of those districts.
c.ย
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:
1.ย
The developer shall round the set-aside upward to construct a whole
additional affordable unit; or
2.ย
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)ย
The fractional payment in-lieu amount shall be calculated as
the fractional unit multiplied by the base payment in-lieu dollar
amount established in ยงย 30-28.4c1 of the Township Code.
(1)ย
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)ย
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 ยงย 30-28.3c1; or
(ii)ย
In accordance with ยงย 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 ยงย 30-28.4c1 multiplied by 0.4 units.
The following requirements shall apply to all new or planned
developments that contain low- and moderate-income housing units.
a.ย
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
|
b.ย
Design. In inclusionary developments, to the extent possible, low-
and moderate-income units shall be integrated with the market units.
c.ย
Utilities. Affordable units shall utilize the same type of heating
source as market units within the affordable development.
d.ย
Low/moderate split and bedroom distribution of affordable housing
units:
1.ย
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.
2.ย
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.
3.ย
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.
4.ย
At least half of the affordable units in each bedroom distribution
within each affordable housing development shall be affordable to
low-income households.
5.ย
Affordable developments that are not age-restricted shall be structured
in conjunction with realistic market demands such that:
(a)ย
The combined number of efficiency and one-bedroom units shall
be no greater than 20% of the total low- and moderate-income units;
(b)ย
At least 30% of all low- and moderate-income units shall be
two-bedroom units;
(c)ย
At least 20% of all low- and moderate-income units shall be
three-bedroom units; and
(d)ย
The remaining units may be allocated among two- and three-bedroom
units at the discretion of the developer.
6.ย
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.
e.ย
Accessibility requirements:
1.ย
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.
2.ย
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)ย
An adaptable toilet and bathing facility on the first floor;
(b)ย
An adaptable kitchen on the first floor;
(c)ย
An interior accessible route of travel on the first floor;
(1)ย
An interior accessible route of travel shall not be required
between stories within an individual unit;
(d)ย
(Reserved)
(e)ย
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)ย
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)ย
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)ย
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)ย
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)ย
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)ย
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)ย
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.
f.ย
Maximum rents and sales prices.
1.ย
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.
2.ย
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.
3.ย
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)ย
At least 13% of all low- and moderate-income rental units shall
be affordable to households earning no more than 30% of median income.
4.ย
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.
5.ย
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)ย
A studio or efficiency unit shall be affordable to a one-person
household;
(b)ย
A one-bedroom unit shall be affordable to a one-and-one-half
person household;
(c)ย
A two-bedroom unit shall be affordable to a three-person household;
(d)ย
A three-bedroom unit shall be affordable to a four-and-one-half
person household; and
(e)ย
A four-bedroom unit shall be affordable to a six-person household.
6.ย
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:
7.ย
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.
8.ย
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.
9.ย
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)ย
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)ย
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)ย
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.ย
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.ย
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.
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.
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.
a.ย
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.
b.ย
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.
c.ย
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.
d.ย
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.
e.ย
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.
f.ย
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.
g.ย
The affirmative marketing process for available affordable units
shall begin at least four months prior to the expected date of occupancy.
h.ย
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.
a.ย
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:
b.ย
Additional provisions related to occupancy standards (if any) shall
be provided in the municipal Operating Manual.
a.ย
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.
b.ย
Rehabilitated owner-occupied housing units that are improved to code
standards shall be subject to affordability controls for a period
of 10 years.
c.ย
The affordability control period for a restricted ownership unit
shall commence on the date the initial certified household takes title
to the unit.
d.ย
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.
e.ย
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.
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:
a.ย
The initial purchase price for a restricted ownership unit shall
be approved by the administrative agent.
b.ย
The administrative agent shall approve all resale prices, in writing
and in advance of the resale, to assure compliance with the foregoing
standards.
c.ย
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.
d.ย
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.
a.ย
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.
b.ย
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.
a.ย
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.
b.ย
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).
a.ย
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.
1.ย
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.
b.ย
Rehabilitated renter-occupied housing units that are improved to
code standards shall be subject to affordability controls for a period
of 10 years.
c.ย
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.
d.ย
A restricted rental unit shall remain subject to the affordability
controls of this section, despite the occurrence of any of the following
events:
a.ย
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.
b.ย
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.
c.ย
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.
a.ย
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:
1.ย
Very-low-income rental units shall be reserved for households with
a gross household income less than or equal to 30% of median income.
2.ย
Low-income rental units shall be reserved for households with a gross
household income less than or equal to 50% of median income.
3.ย
Moderate-income rental units shall be reserved for households with
a gross household income less than 80% of median income.
b.ย
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:
1.ย
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;
2.ย
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;
3.ย
The household is currently in substandard or overcrowded living conditions;
4.ย
The household documents the existence of assets with which the household
proposes to supplement the rent payments; or
5.ย
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.
c.ย
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.
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.
a.ย
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:
1.ย
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;
2.ย
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.
b.ย
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.
c.ย
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.
The following sections address the administration of affordable
units.
a.ย
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.
b.ย
The Municipal Housing Liaison must be either a full-time or part-time
employee of the Township of Union.
d.ย
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:
1.ย
Serving as the municipality's primary point of contact for all inquiries
from the state, affordable housing providers, administrative agents
and interested households;
2.ย
The implementation of the Affirmative Marketing Plan and affordability
controls.
3.ย
When applicable, supervising any contracting administrative agent.
4.ย
Monitoring the status of all restricted units in the Township of
Union's Fair Share Plan;
5.ย
Compiling, verifying and submitting annual reports as required by
the Superior Court;
6.ย
Coordinating meetings with affordable housing providers and administrative
agents, as applicable; and
7.ย
Attending continuing education opportunities on affordability controls,
compliance monitoring and affirmative marketing as offered or approved
by the Superior Court.
a.ย
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.
b.ย
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).
c.ย
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:
1.ย
Attending continuing education opportunities on affordability controls,
compliance monitoring, and affirmative marketing as offered or approved
by the Superior Court;
2.ย
Affirmative marketing;
3.ย
Household certification;
4.ย
Affordability controls;
5.ย
Records retention;
6.ย
Resale and re-rental;
7.ย
Processing requests from unit owners; and
8.ย
Enforcement, although the ultimate responsibility for retaining controls
on the units rests with the municipality.
9.ย
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.
a.ย
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.
b.ย
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:
1.ย
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)ย
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)ย
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)ย
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.
2.ย
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.
c.ย
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.
d.ย
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.
e.ย
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.
f.ย
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.
g.ย
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.
h.ย
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.
Appeals from all decisions of an administrative agent designated
pursuant to this section shall be filed in writing with the Township.
[Ord. No. 96-21, ยงย 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.
[Ord. No. 96-21 ยงย II]
a.ย
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:
b.ย
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:
1.ย
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.
2.ย
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.
3.ย
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.
4.ย
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.
5.ย
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.)
6.ย
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.
7.ย
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
8.ย
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 ยงย 30-30, Required Growth Share
Affordable Housing Obligation, Ord, No, 2005-13, ยงย 1, which
immediately followed this section, was repealed 10-17-2018 by Ord.
No. 2018-11.