[1]
Editor's Note: Former Article VI, Exceptions and Modification,
repealed by Ord. No. 2001-07.
[Added 4-16-2001 by Ord.
No. 2001-07]
Development plans shall be so designed as to enhance the general
appearance of the City of Lambertville and to promote the harmonious
use of land; to lessen congestion in the streets; to secure safety
from fire, panic, or other dangers; to promote the general health,
safety, and welfare; to provide adequate light and air; to prevent
the overcrowding of land, buildings and roadways by an undue concentration
of population; to encourage development which would facilitate pedestrian
access and the use of mass transit; to encourage creative development
and design consistent with the policies of the Master Plan of the
City of Lambertville, and the regulations promulgated herein. Applications
for development shall be reviewed for meeting the standards for development
contained within this Ordinance and other land development regulations
of the City and more particularly the following specific objectives:
All development shall permit and encourage only those uses of
the land which, through the standards adopted in this Ordinance, provide
for flexibility in planning and development and that respect the natural
character of the land, the drainage system, soil capabilities, groundwater
and aquifer recharge quality, and to include only those uses that
are compatible with allowed uses in the zoning district and existing
uses on adjacent lands. Such compatibility shall be determined on
the basis of inventories of the natural features of the site, plans
indicating the physical relationship among types of uses and any natural
or man-made barriers, existing or planned, between different uses
both within and adjacent to the proposed development, and sufficient
information to determine the effect of such development upon the quality
of life of the City of Lambertville.
All development shall be planned and designed to achieve the
goals and objectives for land development as are or may be set forth
in the Lambertville Master Plan duly adopted by the Planning Board
with regard to conservation, historic preservation, community facilities,
recreation, open space, recycling, affordable housing, utility distribution,
circulation, community design standards and guidelines, land use,
fiscal impact, economic development, and the goals for development
of adjacent municipalities, Hunterdon County and the State.
All development shall be planned and designed to achieve the
City's goals of permitting and encouraging a population density and
a development pattern in the municipality that facilitates the provision
of public utilities and services, including public water and public
sewerage, storm drainage systems, recreation areas, public schools,
state, county, and local roads, in an orderly, functional and economical
manner.
Common open space and adequate recreation areas shall be set
aside in suitable locations to provide for the recreation needs of
the residents and the owners of the development and those portions
of the project that, because of their natural features, constitute
important visual amenities and environmental resources. Development
is intended to create after completion a continuity of open space
resulting from the integration of upland, wetland, floodplain and
surface water areas in accordance with the goals and objectives of
the Master Plan.
All development shall be planned and designed to promote and
achieve aesthetically pleasing views from and to various land uses.
The creation and promotion of such aesthetic conditions shall strengthen
and preserve the municipality's unique environmental heritage and
promote the civic pride, prosperity, and general welfare of the residents
of the development, the municipality, and visitors thereto.
The following guidelines shall be used in the review of any
application for development or conditional use:
A.
Regard for Natural Features. All residential and non-residential
uses shall be designed with regard to the topography and natural features
of the site. The effects of prevailing winds, seasonal temperatures
and hours of sunlight on the physical layout and form of the proposed
buildings shall be taken into account. Special consideration shall
be given to the preservation of natural features, including large
trees, stands of specimen vegetation, groves, waterways, aquifer recharge
areas, scenic, paleontological, archaeological, cultural, and historic
sites and other community assets within the site area, and the reduction
of impacts on wildlife. The development shall be designed and programmed
so as to minimize tree clearance and the destruction of natural amenities
associated with the same.
B.
Siting of Buildings. All housing and supporting uses shall be sited
so as to enhance privacy for residential uses, ensure natural light
for all principal residential rooms, and to the greatest extent possible
be designed to promote passive solar energy technology. Buildings'
layout shall be reviewed for arrangement, efficiency and aesthetic
quality.
C.
Fiscal Impact. The fiscal costs to the City and Board of Education
from providing services to the development shall be considered in
relation to the gain of revenue and its impact upon the municipal
and school board tax rates.
D.
Relationship to Community Facilities. Housing shall be conveniently
served by community facilities and open space.
E.
Circulation. The pedestrian and vehicular traffic movement within
and adjacent to the site with particular emphasis on the provision
and layout of parking areas, off-street loading and unloading, the
movement of people, goods and vehicles from access roads within the
site, between buildings and between buildings and vehicles. In particular
the Board of jurisdiction shall ensure compliance in site design with
the Americans with Disabilities Act, as it may be amended or superseded.
The Board shall ensure that all parking spaces are usable and are
safely and conveniently arranged. Access to the site from adjacent
roads shall be designed so as to interfere as little as possible with
traffic flow on these roads and to permit vehicles a rapid and safe
ingress and egress to the site. The circulation shall be consistent
with City, county, and state requirements.
F.
Open Space. Open space within all planned unit developments shall
be planned and designed to achieve the City goal of insuring that
adequate recreation areas are set aside in suitable locations to provide
for the recreation needs of the residents and owners of the planned
unit development; and that those portions of the City that, because
of their natural features, constitute important visual amenities and
environmental resources are maintained in accordance with sound conservation
practice.
G.
Landscaping. Landscaping shall be reviewed for the ability to integrate
the site elements of topography, water, buildings, parking and loading
areas, and the buffering of incompatible uses. Landscaping shall be
reviewed for diversity, including species, function, sculpture, fencing,
walls, and other landscaping elements.
H.
Lighting. Adequate lighting for the function of the site shall be
reviewed for the safe movement and security of persons and vehicles.
Particular attention shall be made to the minimization of glare and
impact upon adjacent property.
I.
Signs. Signs shall be evaluated for the aesthetics of their design
and their harmony with other signs on- and off-site, the architectural
design of the building or buildings to which they relate and the type
of development or pattern of the built environment surrounding the
location of the sign or signs. The location of signs shall be reviewed
for the purpose of removing any hazard to pedestrians or motorists.
J.
Utilities, Solid Waste Management and Recycling. Storm drainage,
sanitary and solid waste disposal including recycling, water supply,
electricity supply, telephone and cable television service shall be
reviewed and considered. Emphasis shall be given on the adequacy of
existing systems and the need for improvements, both on- and off-site
to adequately provide for the development's needs.
K.
Compatibility of Residential and Non-residential Development. Applications
for development and conditional uses shall be designed to assure the
compatibility of residential and non-residential uses by:
1.
Providing commercial uses with appropriate space and, in particular,
sufficient depth from a street to satisfy the needs of contemporary
uses including the provision of adequately landscaped off-street parking,
buffer areas between commercial and residential use areas, pedestrian
and bicycle circulation systems connecting the commercial uses to
office, residential and open space uses;
2.
Protecting non-residential development and nearby residences against
fire, explosions, toxic and noxious matter, radiation and other hazards,
and against offensive noise, vibration, smoke, dust and other particulate
matter, odorous matter, heat, humidity, glare and other objectionable
influences;
3.
Protect residential and non-residential development from the noise,
exhaust emissions, and other negative aspects of congestion of vehicular
traffic.
[Added 4-16-2001 by Ord.
No. 2001-07]
No variance or other relief may be granted under the terms of
this Article 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.
Any variance from the terms of this Article hereafter granted
by the Planning Board or Zoning Board of Adjustment, as the case may
be, permitting the erection or alteration of any structure or structures,
or permitting a specified use of any premises, shall expire by limitation
unless such construction or alteration shall have been actually commenced
on each and every structure permitted by said variance, or unless
such permitted use has actually been commenced, within 12 months from
the date of entry of the judgment or determination of the Zoning Board
of Adjustment; except, however, that the running of the period of
limitation herein provided shall be tolled from the date of filing
and appeal from the decision of the Zoning Board of Adjustment to
the Governing Body, or to a court of competent jurisdiction, until
the termination in any manner of such appeal or proceeding.
[Added 6-17-2002 by Ord.
No. 2002-12, amended by Ord. No.
2014-28; Ord. No. 2006-08; Ord. No. 2016-06]
Applications for development, zoning permits and building permits
within the Lambertville Historic District shall be reviewed for their
effect upon the purpose and intent of the district in accordance with
the procedures of the Historic Preservation Commission in § 902
of the Land Development Ordinance, the design standards in § 613
of the Land Subdivision Ordinance, and the review criteria herein.
A.
Intent.
1.
It is the intent of this § 602 that the Historic Preservation
Commission shall encourage appropriate alterations or repairs to those
landmarks or structures in the district which would be complimentary
to the original or dominant architectural style in the district and
which would enhance rather than detract from the structure's predominant
appearance. This work shall also be complimentary to adjoining structures.
2.
It is intended that demolition of historic structures shall be discouraged
as their loss will be a common loss to the City of Lambertville and
the neighborhood. Moving a landmark or other property in the historic
district should be encouraged only as the last resort as an alternative
to demolition, if there is no other way to save the structure.
3.
It is also intended by this § 602 that the Historic Preservation
Commission shall review plans for new construction so that such construction
is compatible with existing and nearby structures, it is not intended
that new construction be a copy of a particular historic period or
style, but rather that is be compatible in the use of materials, scale,
color, size and setback.
B.
Demolitions.
1.
In the area of the City of Lambertville that has been placed on the
State and National Register of Historic Places all requests for demolition
permits must be referred to the Historic Preservation Commission for
review and comment, prior to issuance of the permit. The following
criteria shall be used to evaluate any application to demolish a historic
building under this section:
a.
Its historic, architectural and social significance.
b.
Its potential use for the uses currently permitted by the zoning
ordinance.
c.
Its importance to the municipality and the extent to which its historical
or architectural value is such that its removal would be detrimental
to the public interest.
d.
The extent to which it is of such old, unusual or uncommon design,
craftsmanship, texture or material that it could not be reproduced,
or could be reproduced only with great difficulty.
e.
The extent to which its retention would promote the general welfare
by maintaining and increasing real estate values, generating business,
creating new jobs, attracting visitors, students, writers, historians,
artists and artisans, attracting new residents, encouraging study
and interest in American history, stimulating study in architecture
and design, educating citizens in American culture and heritage, or
making the City a more attractive and desirable place in which to
live.
f.
If it is within the area of the City of Lambertville that has been
placed on the State and National Register of Historic Places, the
probable impact of its removal upon the ambiance of the area.
g.
If a property owner conclusively demonstrates to the Historic Preservation
Commission that a historic building or structure within the area is
incapable of earning an economic return on its value, as appraised
by a qualified real estate appraiser, the Planning Board may delay
issuance of the demolition permit for a period of time not to exceed
six months. Notice of the proposed demolition shall be posted on the
premises of the structure in a location clearly visible from the street
by means of a sign approved by the Historic Preservation Commission.
The purpose of this subsection is to encourage the preservation of
historic buildings and to offer the City, interested persons, historical
societies, or other organizations the opportunity to acquire or to
arrange for the preservation of such buildings. The Planning Board
may at any time during such delay approve a demolition permit, and
at the end of six months, shall automatically approve a demolition
permit, in which event a demolition permit shall be issued without
further delay.
2.
As a condition for the issuance of a permit, the applicant shall
provide documentation of the structural condition of the subject building
by an engineer or architect and a preservation specialist, which concludes
demolition is the best and/or only solution. The permit shall then
be issued in conjunction with an approval of the exterior design of
the replacement structure by the Historic Preservation Commission.
3.
The application for a demolition permit shall include the following:
a.
Measured exterior elevations by an architect or engineer and a preservation
specialist.
b.
A materials list of the architectural character-defining elements
and the composition of these elements (stone, wood, metal or other).
c.
A list of architectural elements to be reused or salvaged that form
the historic fabric of the building to be demolished.
d.
To the extent that the applicant can comply, photo documentation
of the building in its existing and past condition so that the Board
can get a sense of its place in history.
C.
Removals Out of the City. In regard to an application to move an
historic structure within the district, or any historic building,
to a location outside the City, the following matters shall be considered:
1.
The historic loss to the site of the original location and the district
as a whole.
2.
The compelling reasons for not retaining the structure at its present
site.
3.
The proximity of the proposed new location to the City, including
the accessibility to the residents of the City and other persons.
4.
The probability of significant damage to the structure, either by
the move, or at its new location.
5.
The applicable matters listed in § 602.B, hereinabove.
D.
Removals Within the City. In regard to an application to move a landmark
or any structure in the historic district to a new location within
the City, the following matters shall be considered in addition to
the matters listed in § 602.E, hereinbelow:
1.
The compatibility, nature and character of the current and of the
proposed surrounding areas as they relate to the intent and purposes
of this ordinance.
2.
If the proposed new location remains, or will be within the historic
district, the visual compatibility factors shall follow those outlined
in § 612, Community Design Guidelines for Historic Districts,
of the Land Subdivision Ordinance.
E.
Other Factors to Be Considered. In regard to an application for approval
of other proposed changes as set forth in the reviewing the proposed
development, the following matters shall be considered:
1.
The impact of the proposed change on its historic architectural character.
2.
The extent to which there would be involvement of textures or materials
that could not be reproduced or could be reproduced only with great
difficulty.
3.
The use of any structure involved.
4.
The extent to which a proposed action would adversely affect the
public's view from a public street of a landmark or structure within
a historic district.
F.
Application to the Historic Preservation Commission: Fee.
The application fee to the Historic Preservation Commission
shall be in the amount of $50 per application.
[Added 4-18-2019 by Ord.
No. 06-2019]
A.
There shall be a joint standing committee of the Planning Board and
the Zoning Board, designated as Development Review Committee, which
shall be responsible for reviewing applications for completeness.
B.
Committee Composition. The Development Review Committee shall comprise
of the Board Engineer, Board Planner, and Board Secretary. The Board
Attorney may attend as needed. The Chair of each Board may appoint
one member of their respective Board to the Development Review Committee
for a one-year term. Vacancies shall be filled at or by the next regular
session of the respective Board. Not more than one alternate member
from each Board may serve on any standing committee.
The Development Review Committee shall examine each application
to ascertain that all required checklist items required by municipal
ordinance are shown or furnished in the application or accompanying
documents, or that otherwise a waiver has been requested. If all checklist
items are provided and no waivers requested, the application shall
be deemed complete and the applicant shall be so notified. If waivers
are requested as to any items, the Committee shall recommend that
the full Board grant or deny said waivers, with or without conditions,
as to the application at its next regularly scheduled or special meeting.
The Board shall, at its next ensuing regularly scheduled or special
meeting held not later than 45 days from the date of submission of
such application with the Committee's recommendations, decide whether
to grant or deny the waiver or waivers requested and to declare the
application with waivers complete. The merits hearing, if properly
noticed, may occur immediately following a declaration of completeness
from the Board having jurisdiction. If the Development Review Committee
fails to provide notice of incompleteness with information about the
deficiencies within 45 days of the filing, the application shall be
deemed complete.
Nothing herein shall otherwise limit the power of the Board
having jurisdiction to grant appropriate waivers, including waivers
for submissions in other contexts, as provided in the Municipal Land
Use Law[1] and the City's ordinances, such as waivers coupled with
requests for bulk variances or other appropriate relief.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
