[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Editor's Note: Former Article VI, Exceptions and Modification, repealed by Ord.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.