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Township of Hopewell, NJ
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Chapter 17 Land Use and Development
Chapter 17
Land Use and Development
ATTACHMENTS
Attachment 1 - Exhibit D-1
Attachment 2 - Exhibit D-2 Basin Summary Sheet
Attachment 3 - Exhibit D-3
Attachment 4 - Appendix A Checklist
Attachment 5 - Appendix B Zoning Map
Attachment 6 - Appendix C Zoning Map Amendments
Article I
PURPOSE, ADMINISTRATION, OFFICIAL MAP, PERMIT PROCEDURES
§ 17-1
PURPOSE.
§ 17-2
ORDINANCES.
§ 17-3
MASTER PLAN.
§ 17-4
OFFICIAL MAP.
§ 17-5
ISSUANCE OF PERMITS FOR BUILDINGS OR STRUCTURES PROHIBITED IN CERTAIN PLACES; EXCEPTIONS.
§ 17-6
BUILDING LOT TO ABUT STREET; EXCEPTIONS.
§ 17-7
CAPITAL IMPROVEMENTS PROGRAM.
§ 17-8
through § 17-12. (RESERVED)
Article II
PERMITS AND CERTIFICATES; ENFORCEMENT
§ 17-13
BUILDING PERMITS.
§ 17-14
ZONING PERMIT.
§ 17-15
CERTIFICATES OF OCCUPANCY.
§ 17-16
TEMPORARY CERTIFICATE OF OCCUPANCY.
§ 17-17
CONSTRUCTION TRAILER AND SHED PERMITS.
§ 17-18
TEMPORARY RESIDENTIAL LIVING UNIT.
§ 17-19
TEMPORARY ACTIVITIES PERMIT.
§ 17-20
CERTIFICATES AS TO APPROVAL OF SUBDIVISION OF LAND.
§ 17-21
ENFORCEMENT.
§ 17-22
through § 17-28. (RESERVED)
Article III
SUBDIVISION AND SITE PLAN APPROVALS, PROCEDURES
§ 17-29
REQUIRED APPROVAL OF SUBDIVISIONS AND SITE PLANS.
§ 17-29.1
ADMINISTRATIVE WAIVER OF SITE PLAN REVIEW.
§ 17-30
EXCEPTIONS BY PLANNING BOARD FROM SUBDIVISION OR SITE PLAN REQUIREMENTS.
§ 17-31
GRANT BY PLANNING BOARD OF VARIANCES AND DIRECTIONS TO ISSUE PERMITS.
§ 17-32
NOTICE OF HEARING.
§ 17-33
TIME PERIODS.
§ 17-34
APPROVAL BY MERCER COUNTY PLANNING BOARD.
§ 17-35
SUBMISSION OF COPIES OF APPLICATION FOR DEVELOPMENT TO ENVIRONMENTAL COMMISSION.
§ 17-36
CERTIFICATE OF OWNERSHIP OF CERTAIN APPLICANTS.
§ 17-37
PROCEDURE FOR MINOR SUBDIVISION APPROVAL.
§ 17-38
PROCEDURE FOR PRELIMINARY SITE PLAN APPROVAL.
§ 17-39
PROCEDURE FOR PRELIMINARY MAJOR SUBDIVISION APPROVAL.
§ 17-40
EFFECT OF PRELIMINARY APPROVAL OF SITE PLAN OR MAJOR SUBDIVISION.
§ 17-41
FINAL APPROVAL OF SITE PLANS AND MAJOR SUBDIVISIONS.
§ 17-42
GUARANTEES AND INSPECTIONS RELATING TO REQUIRED IMPROVEMENTS; SURETY; RELEASE.
§ 17-42.1
Guarantees.
§ 17-42.2
Inspections.
§ 17-42.3
Approval.
§ 17-43
EFFECT OF FINAL APPROVAL OF SITE PLANS AND MAJOR SUBDIVISIONS.
§ 17-44
APPROVALS ON CONDITION.
§ 17-45
FILING AND EXPIRATION OF APPROVED PLATS.
§ 17-45.1
Filing of Subdivision Plats.
§ 17-45.2
Recording of Final Approval of Major Subdivision.
§ 17-46
through § 17-52. (RESERVED)
Article IV
VARIANCES, HEARINGS, TIME LIMITS, APPLICATION REVIEW
§ 17-53
GRANT OF VARIANCES BY BOARD OF ADJUSTMENT.
§ 17-54
HEARINGS.
§ 17-54.1
Planning Board or Zoning Board of Adjustment to Hold.
§ 17-54.2
Rules, Documents to Be Provided.
§ 17-54.3
Powers of Presiding Officer.
§ 17-54.4
Testimony of Witnesses.
§ 17-54.5
Types of Evidence.
§ 17-54.6
Transcript of Hearing.
§ 17-54.7
Findings.
§ 17-54.8
Decision.
§ 17-54.9
Notice of Decision.
§ 17-55
NOTICE OF HEARING.
§ 17-56
CONDITIONAL USES.
§ 17-56.1
Time Limit.
§ 17-56.2
Approval.
§ 17-56.3
Review of Application.
§ 17-57
VOTING ELIGIBILITY.
§ 17-58
WHEN APPLICATION FOR DEVELOPMENT DEEMED COMPLETE; WAIVER OF DEFECTS.
§ 17-59
SIMULTANEOUS REVIEW OF SEPARATE ACCOUNTS.
§ 17-60
through § 17-66. (RESERVED)
Article V
SUBDIVISION AND SITE PLAN REQUIREMENTS, PLAT DETAILS
§ 17-67
REQUIREMENTS TO BE MET FOR SUBDIVISIONS AND SITE PLANS.
§ 17-68
RECOGNITION OF ENVIRONMENTAL CONSTRAINTS AND COMPLIANCE WITH ZONING ORDINANCE AND OFFICIAL MAP, IF ANY.
§ 17-69
APPLICATION FORMS; PLAT DETAILS.
§ 17-69.1
Application Forms and Other Documents.
§ 17-69.2
Data For All Plats.
§ 17-69.3
Additional Data For Preliminary Plats.
§ 17-69.4
Final Plat.
§ 17-70
through § 17-75. (RESERVED)
Article VI
DESIGN STANDARDS
§ 17-76
APARTMENTS AND TOWNHOUSES.
§ 17-77
BIKEWAYS.
§ 17-78
BLOCKS.
§ 17-79
CLUSTER DESIGN.
§ 17-80
COMMUNITY IMPACT STATEMENT.
§ 17-81
CURBS.
§ 17-82
STORMWATER CONTROL.
§ 17-82.1
Scope and Purpose.
§ 17-82.2
Definitions.
§ 17-82.3
Design and Performance Standards for Stormwater Management Measures.
§ 17-82.4
Minor Development Design Standards.
§ 17-82.5
Major Development Design Standards.
§ 17-82.6
Solids and Floatable Materials Control Standards.
§ 17-82.7
Safety Standards for Stormwater Management Basins.
§ 17-82.8
Requirements for a Site Development Stormwater Plan.
§ 17-82.9
Maintenance and Repair.
§ 17-82.10
Ownership of Stormwater Management Facilities.
§ 17-82.11
Deed Records and Dedications.
§ 17-82.12
Design of Runoff Collection System.
§ 17-82.13
Violations and Penalties.
§ 17-82.14
When Effective.
§ 17-83
DRIVEWAYS.
§ 17-84
ENVIRONMENTAL IMPACT REPORT.
§ 17-85
FENCES AND HEDGES.
§ 17-86
FIRE.
§ 17-87
FLOOD PLAINS.
§ 17-88
HOMEOWNERS' ASSOCIATION.
§ 17-89
LANDSCAPING.
§ 17-89.1
SPECIFICATIONS.
§ 17-90
LIGHTING.
§ 17-90.1
Outdoor Lighting.
§ 17-90.2
Light Trespass and Sky Glow.
§ 17-90.3
Illuminance Requirements.
§ 17-90.4
Outdoor Lighting Energy Conservation.
§ 17-90.5
Evidence of Compliance.
§ 17-90.6
Compliance, Monitoring Penalties and Prohibitions.
§ 17-91
LOTS.
§ 17-92
LOWER INCOME HOUSING.
§ 17-93
MODIFICATION OF LOT AREAS AND OTHER RESTRICTIONS.
§ 17-94
NONUNIFORMITY OF BUILDINGS.
§ 17-95
OFF-STREET PARKING AND LOADING.
§ 17-96
OFF-TRACT IMPROVEMENTS.
§ 17-97
PERFORMANCE STANDARDS.
§ 17-98
PLANNED DEVELOPMENTS.
§ 17-99
PRINCIPAL USE.
§ 17-100
PUBLIC AREAS, RESERVATION.
§ 17-101
RECREATION AREAS.
§ 17-102
SERVICE STATIONS.
§ 17-103
SEWAGE DISPOSAL.
§ 17-104
SIDEWALKS.
§ 17-105
SIGHT TRIANGLES.
§ 17-106
SIGNS.
§ 17-107
SOIL PROTECTION.
§ 17-108
STREETS.
§ 17-109
STREET SIGNS.
§ 17-110
STRUCTURES IN REQUIRED SETBACK AREAS.
§ 17-111
SWIMMING POOLS AND HOT TUBS.
§ 17-112
TRAFFIC MANAGEMENT.
§ 17-113
UTILITIES.
§ 17-114
WATER.
§ 17-115
STREAM CORRIDORS.
§ 17-116
STEEP SLOPES.
§ 17-117
PUBLIC SANITARY SEWER STANDARDS.
§ 17-118
through § 17-124. (RESERVED)
Article VII
COMPLETE APPLICATIONS; GENERAL DEVELOPMENT PLAN
§ 17-125
CHECKLIST FOR COMPLETE PLANNING BOARD APPLICATIONS.
§ 17-126
GENERAL DEVELOPMENT PLAN.
§ 17-126.1
General.
§ 17-126.2
Purpose.
§ 17-126.3
Eligibility.
§ 17-126.4
Effect of Approved Plan.
§ 17-126.5
Plat Required.
§ 17-126.6
Plat Details and Other Documents.
§ 17-126.7
Procedures.
§ 17-127
through § 17-137. (RESERVED)
Article VIII
ZONING — GENERAL PROVISIONS
§ 17-138
ZONING DISTRICTS.
§ 17-139
ZONING DISTRICT BOUNDARIES.
§ 17-140
INTERPRETATION OF ZONING REQUIREMENTS.
§ 17-141
APPLICATION OF ZONING REQUIREMENTS.
§ 17-142
PROHIBITED USES.
§ 17-143
NONCONFORMING USE OF STRUCTURES AND LOTS.
§ 17-144
ACCESSORY BUILDINGS.
§ 17-145
CONVERSION OF SINGLE FAMILY TO TWO-FAMILY OCCUPANCY.
§ 17-146
SETBACKS IN EXCESS OF SPECIFIED REQUIREMENTS.
§ 17-147
FARMS AND AGRICULTURAL USES.
§ 17-148
COMMUNICATIONS AND WIRELESS TELECOMMUNICATIONS TOWERS, ANTENNAS, FACILITIES AND EQUIPMENT.
§ 17-149
WATER SUPPLY AND ANALYSIS REQUIREMENTS.
§ 17-150
CULTIVATION AND MANUFACTURING CANNABIS USES.
§ 17-151
RETAIL CANNABIS USES.
§ 17-152
through § 17-158. (Reserved)
Article IX
ZONING DISTRICTS
§ 17-159
RESIDENTIAL: R-150, R-100, R-75, R-50, R-5 AND R-6.
§ 17-160
MOUNTAIN RESOURCE CONSERVATION (MRC) AND VALLEY RESOURCE CONSERVATION (VRC) DISTRICTS.
§ 17-161
C-1; NEIGHBORHOOD RETAIL COMMERCIAL.
§ 17-162
SC: SHOPPING CENTER.
§ 17-163
HBO DISTRICT: HIGHWAY BUSINESS AND OFFICE.
§ 17-164
O/CC: OFFICE AND COMMERCIAL CONVERSION.
§ 17-165
SI DISTRICT: SPECIAL INDUSTRIAL.
§ 17-166
OP DISTRICT: OFFICE PARK.
§ 17-167
IC DISTRICT; INDUSTRIAL/COMMERCIAL.
§ 17-168
RO-1, 2 AND 3 DISTRICTS: RESEARCH/OFFICE DISTRICTS.
§ 17-169
QUARRY DISTRICT.
§ 17-170
SC1: SHOPPING CENTER 1 DISTRICT.
§ 17-171
OLI DISTRICT: OFFICE LIGHT INDUSTRIAL.
§ 17-172
VRC — HLI VALLEY RESOURCE CONSERVATION (VRC) AND HAMLET LIGHT INDUSTRIAL (HLI) DISTRICT.
§ 17-173
INCLUSIONARY MULTI-FAMILY - 1 ZONE (IMF-1).
§ 17-174
IMF-C DISTRICT: INCLUSIONARY MULTIFAMILY AND COMMERCIAL DISTRICT.
§ 17-175
through § 17-180. (RESERVED)
Article X
DEFINITIONS
§ 17-181
WORDS DEFINED.
Article XI
PLANNING BOARD
§ 17-182
NAME.
§ 17-183
APPOINTMENT.
§ 17-184
TERMS.
§ 17-185
POWERS AND FUNCTIONS.
§ 17-186
ORGANIZATION AND PERSONNEL.
§ 17-187
SUBDIVISION AND SITE PLAN COMMITTEE.
§ 17-188
RULES AND REGULATIONS.
§ 17-189
MEETINGS OF THE PLANNING BOARD.
§ 17-190
CONFLICT OF INTEREST.
§ 17-191
PAYMENT OF TAXES.
§ 17-192
APPLICATION REVIEW COMMITTEE.
§ 17-193
through § 17-199. (RESERVED)
Article XII
BOARD OF ADJUSTMENT
§ 17-200
ESTABLISHED.
§ 17-201
APPOINTMENT.
§ 17-202
TERM.
§ 17-203
POWERS AND FUNCTIONS.
§ 17-204
ORGANIZATION AND PERSONNEL.
§ 17-205
RULES AND REGULATIONS.
§ 17-206
MEETINGS.
§ 17-207
MINUTES.
§ 17-208
CONFLICT OF INTEREST.
§ 17-209
PAYMENT OF TAXES.
§ 17-210
through § 17-216. (RESERVED)
Article XIII
AFFORDABLE HOUSING
§ 17-217
GENERAL ADMINISTRATION, PROCEDURES.
§ 17-217.1
Development Application Requirements.
§ 17-217.2
Affordability Criteria.
§ 17-217.3
Monitoring Period.
§ 17-217.4
Certificates of Eligibility.
§ 17-217.5
Selection Procedures and Priorities.
§ 17-217.6
Affirmative Marketing Plan.
§ 17-217.7
(Reserved)
§ 17-217.8
Homeowner Affordability Assistance Program.
§ 17-218
AFFORDABLE HOUSING COMMITTEE (AHC).
§ 17-218.1
Preamble.
§ 17-218.2
Membership; Terms of Office.
§ 17-218.3
Vacancies, Removal for Cause.
§ 17-218.4
Powers.
§ 17-218.5
Definitions.
§ 17-218.6
Selection Procedures, Priorities, Income Eligibility, Price Standards, Restrictions, Reports.
§ 17-218.7
Foreclosure Proceedings.
§ 17-218.8
Program Fee Requirements.
§ 17-218.9
Enforcement; Applicability.
§ 17-219
ACCESSORY APARTMENTS.
§ 17-219.1
Purpose.
§ 17-219.2
Definition.
§ 17-219.3
Additional Requirements.
§ 17-219.4
Administration.
§ 17-219.5
Application Requirements.
§ 17-219.6
Fee Waivers.
§ 17-220
MUNICIPAL HOUSING LIAISON.
§ 17-220.1
Purpose.
§ 17-220.2
Definitions.
§ 17-220.3
Establishment of Municipal Housing Liaison Position and Compensation; Powers and Duties.
§ 17-221
ENFORCEMENT.
§ 17-221.1
Purpose.
§ 17-221.2
Noncompliance a Violation.
§ 17-222
through § 17-225. (RESERVED)
Article XIV
SITE IMPROVEMENT STANDARDS AND CONSTRUCTION DETAILS
§ 17-226
INTENT.
§ 17-227
MINIMUM REQUIREMENTS.
§ 17-228
APPLICABLE FEDERAL, STATE OR COUNTY REGULATIONS.
§ 17-229
ADOPTION OF STANDARDS AND DETAILS.
§ 17-230
DRAINAGE SHALL BE CONCLUSIVE AS TO ANY QUESTIONS.
§ 17-231
MANNER OF CONSTRUCTION.
§ 17-232
NONCOMPLIANCE A VIOLATION.
§ 17-233
through § 17-240. (RESERVED)
Article XV
HISTORIC PRESERVATION
§ 17-241
INTENDED PURPOSES AND OBJECTIVES.
§ 17-242
DEFINITIONS.
§ 17-243
HISTORIC PRESERVATION COMMISSION.
§ 17-243.1
Establishment.
§ 17-243.2
Responsibilities.
§ 17-243.3
Membership; Appointment.
§ 17-243.4
Terms.
§ 17-243.5
Role of Alternates.
§ 17-243.6
Liaison Person.
§ 17-243.7
Officers.
§ 17-243.8
Budget.
§ 17-243.9
Finances.
§ 17-243.10
Rules of Commission.
§ 17-243.11
Removal.
§ 17-243.12
Meetings; Quorum.
§ 17-244
DESIGNATION OF HISTORIC LANDMARKS AND HISTORIC DISTRICTS.
§ 17-244.1
Survey.
§ 17-244.2
Criteria for Designation.
§ 17-244.3
Procedures for Designation.
§ 17-244.4
Historic Landmarks Designated.
§ 17-244.5
Historic Districts Designated.
§ 17-245
REFERRAL OF DEVELOPMENT APPLICATIONS INVOLVING HISTORIC LANDMARKS OR HISTORIC DISTRICTS.
§ 17-246
CERTIFICATE OF APPROPRIATENESS.
§ 17-246.1
When Required.
§ 17-246.2
When Not Required.
§ 17-246.3
Procedures.
§ 17-246.4
Informational Meetings.
§ 17-246.5
Application Review.
§ 17-246.6
Minor Applications.
§ 17-246.7
Emergency Procedures.
§ 17-246.8
Requirement of Obtaining Certificates of Appropriateness for Government Actions.
§ 17-247
STANDARDS AND CRITERIA.
§ 17-248
DEMOLITIONS AND RELOCATIONS.
§ 17-248.1
Criteria.
§ 17-248.2
Procedure.
§ 17-249
ENFORCEMENT.
§ 17-250
VIOLATIONS: PENALTIES AND INJUNCTIVE RELIEF.
§ 17-250.1
Violations.
§ 17-250.2
Penalties Designated.
§ 17-250.3
Injunctive Relief.
§ 17-251
OTHER REQUIREMENTS UNAFFECTED.
Article XVI
GROWTH SHARE AND AFFORDABLE HOUSING PROVISIONS
§ 17-252
(RESERVED)
§ 17-253
MANDATORY AFFORDABLE HOUSING SET-ASIDE IN FUTURE REZONINGS OR THE GRANT OF VARIANCES AUTHORIZING MULTI-FAMILY HOUSING.
§ 17-254
(RESERVED)
§ 17-255
GENERAL PROVISIONS FOR CONSTRUCTING AFFORDABLE UNITS.
§ 17-256
PAYMENT IN LIEU PROVISIONS.
Article XVII
AFFORDABLE HOUSING OBLIGATIONS
§ 17-257
MONITORING AND REPORTING REQUIREMENTS.
§ 17-258
DEFINITIONS.
§ 17-259
APPLICABILITY.
§ 17-260
ALTERNATIVE LIVING ARRANGEMENTS.
§ 17-261
PHASING SCHEDULE FOR INCLUSIONARY ZONING.
§ 17-262
NEW CONSTRUCTION.
§ 17-263
UTILITIES.
§ 17-264
OCCUPANCY STANDARDS.
§ 17-265
CONTROL PERIODS FOR RESTRICTED OWNERSHIP UNITS AND ENFORCEMENT MECHANISMS.
§ 17-266
PRICE RESTRICTIONS FOR RESTRICTED OWNERSHIP UNITS, HOMEOWNER ASSOCIATION FEES AND RESALE PRICES.
§ 17-267
BUYER INCOME ELIGIBILITY.
§ 17-268
LIMITATIONS ON INDEBTEDNESS SECURED BY OWNERSHIP UNIT; SUBORDINATION.
§ 17-269
CAPITAL IMPROVEMENTS TO OWNERSHIP UNITS.
§ 17-270
CONTROL PERIODS FOR RESTRICTED RENTAL UNITS.
§ 17-271
RENT RESTRICTIONS FOR RENTAL UNITS; LEASES.
§ 17-272
TENANT INCOME ELIGIBILITY.
§ 17-273
MUNICIPAL HOUSING LIAISON.
§ 17-274
ADMINISTRATIVE AGENT.
§ 17-275
AFFIRMATIVE MARKETING REQUIREMENTS.
§ 17-276
ENFORCEMENT OF AFFORDABLE HOUSING REGULATIONS.
§ 17-277
APPEALS.
§ 17-278
REPEALER.
§ 17-279
SEVERABILITY.
§ 17-280
EFFECTIVE DATE.
