Township of Hopewell, NJ Article I PURPOSE, ADMINISTRATION, OFFICIAL MAP, PERMIT PROCEDURES

§ 17-1 PURPOSE.

[Ord. #528]

The intent and purpose of this chapter is:

a. To guide the appropriate use of development of all land in Hopewell Township in a manner which will promote the public health, safety, morals, and general welfare;

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

c. To provide adequate light, air and open space;

d. 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. 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;

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

g. To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, 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;

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

i. To promote a desirable visual environment through creative development techniques and good civic design and arrangements;

j. 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;

k. To encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land.

§ 17-2 ORDINANCES.

[Ord. #528; Ord. #94-982]

a. Changes in Zoning. The township committee may amend or adopt the zoning ordinance as provided in N.J.S.A. 40:55D-62.

b. Referral to Planning Board of Proposed Development Regulations. Prior to the adoption of a zoning ordinance or any other development regulation or any revision or amendment thereto, the township committee shall refer the proposal to the planning board, as provided in N.J.S.A. 40:55D-26.

c. Notice of Hearing on Ordinance.

1. Notice by personal service or certified mail shall be made to the clerk of an adjoining municipality of all hearings on the adoption, revision or amendment of a development regulation involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of any such hearing.

2. Notice by personal service or certified mail shall be made to the county planning board of all hearings on the adoption, revision or amendment of any development regulation at least 10 days prior to the date of the hearing. Any notice provided hereunder shall include a copy of the proposed development regulation, or any proposed revision or amendment thereto, as the case may be.

3. Notice of hearings to be held pursuant to this section shall state the date, time and place of the hearing and the nature of the matters to be considered. Any notice by certified mail pursuant to this section shall be deemed complete upon mailing.

d. Filing of Ordinances. The zoning, subdivision, site plan review ordinances or any revision or amendment thereto shall not take effect until a copy thereof shall be filed with the Mercer County Planning Board.

e. Filing of Development Regulations. Copies of all development regulations and any revisions or amendments thereto shall be filed and maintained in the office of the township clerk.

f. Administrative Officer. Pursuant to N.J.S.A. 40:55D-3, the planning coordinator is hereby designated as the administrative officer. The planning coordinator may also serve as planning board secretary.

§ 17-3 MASTER PLAN.

[Ord. #528]

a. The planning board may prepare and, after a public hearing, adopt or amend a master plan, or component parts thereof, to guide the use of lands within the township in a manner which protects public health and safety and promotes the general welfare, as provided in N.J.S.A. 40:55D-28.

b. Notice Concerning Master Plan. The planning board shall give notice of each hearing on the master plan as provided in N.J.S.A. 40:55-13.

c. Notice of Adoption. The planning board shall give notice of adoption, revision or amendment of the master plan as provided in N.J.S.A. 40:55D-13.

d. Periodic Re-examination of Master Plan and other Development Regulations. The planning board shall undertake, at least every six years, a general re-examination of the master plan and development regulations and shall prepare a report thereon, as provided in N.J.S.A. 40:55D-89.

§ 17-4 OFFICIAL MAP. [1]

[Ord. #528; Ord. #95-1010]

The township committee may, by ordinance, adopt an official map as provided in N.J.S.A. 40:55D-32.

a. Notice of Action on Official Map. Such notices shall be given as provided in N.J.S.A. 40:55D-15.

b. Change or Addition to Official Map. The approval by the township of provisions affecting the official map shall be subject to the provisions of N.J.S.A. 40:55D-33.

[1] Editor's Note: For the official zoning map see section 17-138, Zoning Districts and Appendix B which is included as an attachment to this chapter.

§ 17-5 ISSUANCE OF PERMITS FOR BUILDINGS OR STRUCTURES PROHIBITED IN CERTAIN PLACES; EXCEPTIONS.

[Ord. #528]

a. For the purpose of preserving the integrity of the official map, if any, no permit shall be issued for any building or structure in the bed of any street or public drainage way, flood control basin or public area reserved pursuant to section 17-100 as shown on the official map, or shown on a plat filed before adoption of the official map, if any, except as herein provided.

b. Whenever one or more parcels of land, upon which is located the bed of such a mapped street or public drainage way, flood control basin or public area reserved pursuant to section 17-100 cannot yield a reasonable return to the owner unless a building permit is granted, the board of adjustment may, in a specific case, by an affirmative vote of a majority of the full authorized membership of the board, direct the issuance of a permit for a building or structure in the bed of such mapped street or public drainage way or flood control basin or public area reserved pursuant to section 17-100 which will as little as practicable increase the cost of opening such street, or tend to cause a minimum change of the official map, if any, and the board shall impose reasonable requirements as a condition of granting the permit so as to promote the health, morals, safety and general welfare of the public.

§ 17-6 BUILDING LOT TO ABUT STREET; EXCEPTIONS.

[Ord. #528]

a. No permit for the erection of any building or structure shall be issued unless the lot abuts a street giving access to such proposed building or structure. Such street shall have been duly placed on the official map, if any, or shall be (1) an existing State, county or municipal street or highway, or (2) a street shown upon a plat approved by the planning board, or (3) a street on a plat duly filed in the office of the county recording officer prior to the passage of an ordinance which required prior approval of plats by the planning board or other authorized body. Before any such permit shall be issued, such street shall have been certified to be suitably improved to include underground utilities and base course at a minimum, and the remaining improvements shall have been assured by means of a performance guarantee, in accordance with standards and specifications for road improvements approved by the township committee as adequate in respect to the public health, safety and general welfare of the special circumstance of the particular street.

b. Where the enforcement of this section would entail practical difficulty or unnecessary hardship, or where the circumstances of the case do not require the building or structure to be related to a street the board of adjustment may, upon application or appeal, vary the application of this section and direct the issuance of a permit subject to conditions that will provide adequate access for firefighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety and that will protect any future street layout shown on the official map, if any, or on a general circulation plan element of the master plan.

§ 17-7 CAPITAL IMPROVEMENTS PROGRAM.

[Ord. #528]

a. The township committee may authorize the planning board to prepare a program of municipal capital improvement projects as provided in N.J.S.A. 40:55D-29.

b. Notice of Action. Notice by personal service or certified mail shall be made to the Mercer County

Planning Board of the adoption, revision or amendment of the township's capital improvement program including a copy thereof, not more than 30 days after the date of such adoption, revision or amendment. Any notice by certified mail shall be deemed complete upon mailing.

c. Review of Capital Projects. Public agencies shall refer proposed capital projects to the planning board for review and recommendations, as provided in N.J.S.A. 40:55D-31.

§ 17-8 through § 17-12. (RESERVED)