A. 
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, morals and general welfare, consistent with the purposes set forth in Part 1, Article I, § 109-2. Any deviation proposed from the requirements of this chapter shall require a variance pursuant to N.J.S.A. 40:55D-70c or d or N.J.S.A. 40:55D-60a.
B. 
It is not intended by this chapter to repeal, abrogate, annul or in any way to impair or interfere with existing provisions of other ordinances except those specifically repealed by this chapter, or with private restrictions placed upon property by deed, covenant or other agreements. However, where this chapter imposes a greater restriction upon land, buildings or structures than is imposed by existing provisions of law, ordinance, contract or deed, the provisions of this chapter shall control. Where other laws, rules or regulations require greater restrictions than are imposed or required by this chapter, the provisions of such other laws, rules or regulations shall control.
No building or structure shall hereafter be erected and no existing building shall be moved, structurally altered, added to, enlarged or rebuilt, nor shall any land be designed, used or intended to be used for any purpose other than those uses listed as permitted in each zone by this chapter and meeting the requirements as set forth in the design and improvement standards chapters and any other applicable regulations in this chapter. No open space contiguous to any building or structure shall be encroached upon or reduced in any manner, except in conformity to the yard, lot area, building location, percentage of lot coverage, off-street parking space and such other regulations designated in this chapter for the zone in which such building, structure or space is located. In the event of any such unlawful encroachment or reduction, such building shall be in violation of the provisions of this chapter, and the certificate of occupancy for such building or structure shall thereupon become null and void.
A. 
The right to farm land is hereby recognized to exist in this Township and is hereby declared a permitted use in all zones of this Township, notwithstanding specified and prohibited uses set forth elsewhere in this chapter, subject to the standards and regulations for intensive fowl or livestock use and applicable health and sanitary codes. This right to farm includes, but not by way of limitation:
(1) 
Use of irrigation pumps and equipment, aerial and ground seeding and spraying, tractors and other equipment.
(2) 
Use of necessary farm laborers.
(3) 
The application of chemical fertilizers, insecticides and herbicides in accordance with manufacturers' instructions and the application of manure.
(4) 
The grazing of animals and use of range for fowl, subject to the standards and regulations for intensive fowl and livestock use.
(5) 
Construction of fences for these animals and livestock.
(6) 
The traveling and transportation of large, slow-moving equipment over roads within the Township.
(7) 
The control of vermin and pests, provided that such control is practiced under applicable state fish and game laws.
(8) 
The use of land for recreational use, e.g., snowmobiling, etc., shall be done only with the permission of the farm owner. Any recreational use of the farmland which changes the underlying agricultural nature of the use shall be subject to the usual site plan review, variance application and all permits where otherwise required.
B. 
The purpose of these rights is to produce agricultural products, e.g., vegetables, grains, hay, fruits, fibers, wood, trees, plants, shrubs, flower, seeds, livestock and poultry.
[Amended 5-23-2012 by Ord. No. 9-2012]
C. 
Notice of farm use.
(1) 
The purchaser of any real estate in West Amwell Township shall be notified of the importance of farming to our community and be provided with a copy of this "Right to Farm" section.
(2) 
The following language shall be included in the deed of any newly subdivided lot in the Township:
"Grantee is hereby noticed, that there is or may in the future be, farm use near the premises described in this deed from which may emanate noise, odors, dust and fumes associated with agricultural practices permitted under the 'Right to Farm Ordinance' of West Amwell Township."
(3) 
The Township will take reasonable steps to make it possible for real estate salespersons to provide notification to prospective purchasers of land in this Township using language similar to the deed notification described just above.
(4) 
The Township Assessor shall maintain records of all farm properties within the Township which shall list the names of the owners and the location of farms which do and do not receive differential property taxation pursuant to the Farmland Assessment Act of 1964 (N.J.S.A. 54:4-23.1 et seq.).
(5) 
Farm fields are private property. Trespassing while on foot, on horseback, on bicycle or in a motorized vehicle is strictly forbidden.
[Added 5-23-2012 by Ord. No. 9-2012]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Added 9-2-2004 by Ord. No. 15-2004]
Undersized lots in residential zones in existence at the time of the adoption of this chapter and residentially zoned lots made undersized by this chapter shall be considered legal lots. Such lots, where adjacent common ownership exists, shall not merge. Such lots, whether vacant or developed, shall be required to comply with the following development schedule. Undersized lots in excess of four acres, but which are still undersized in the zone, shall be permitted to utilize the development standards of the zone to which the lot most closely conforms in lot area.
A. 
Lots under two acres.
(1) 
Front setback: 75 feet.
(2) 
Side setback: 35 feet.
(3) 
Rear setback: 50 feet.
(4) 
Building height: 2.5 stories/35 feet.
(5) 
Lot coverage: 15%.
B. 
Lots two acres to four acres.
(1) 
Front setback: 100 feet.
(2) 
Side setback: 50 feet.
(3) 
Rear setback: 100 feet.
(4) 
Building height: 2.5 stories/35 feet.
(5) 
Lot coverage: 15%.
When a new lot or lots are formed from a parcel of land, or where two or more lots are combined into a single parcel of land, the separation or combination must be effected in such a manner as not to impair any of the provisions of this chapter. Moreover, when two or more lots are combined into a single parcel of land for the purpose of a site plan submission which is approved of by the Board, the lots shall be combined as one lot unless subsequently subdivided in accordance with the requirements of this chapter.
Public utility distribution facilities required for direct local service may be located anywhere within the Township where reasonably necessary, provided that such facilities are placed within the rights-of-way of existing roads and streets or in utility easements. Public utility buildings or structures, other than those provided for in the foregoing sentence, shall not be located in any zone unless approved of by the Planning Board as a conditional use.
A. 
The height provisions of this chapter shall not apply to the erection of building appurtenances such as church spires, belfries, cupolas, domes or clock towers. The height provisions of this chapter shall moreover not apply to chimneys, flues, bulkheads, skylights, ventilators, elevator enclosures, water tanks, air-conditioning units, antennas, or similar accessory structures. Such structures shall be erected only to such height as is necessary to accomplish their purpose, and shall not occupy more than an aggregate of 10% of the area of the roof of the principal building on which they are located; shall not exceed the height limit by more than 10 feet; and shall be visually screened through appropriate architectural treatment.
B. 
In the case of antennas or towers that are accessory structures, such antennas or towers, when located in a nonresidential zone, may not exceed the height limitations established for a principal structure in that zone by more than 10 feet, and, when located in a residential zone, may not exceed 45 feet; provided, however, that no part of the antenna or tower or extension thereof shall be located closer to any property line than a distance equal to twice the extended height of the antenna or tower.
C. 
Nothing in this chapter shall prevent the erection of a parapet wall or cornice extending not more than three feet above the height limit nor the construction of farm buildings of variable heights.
No persons, firm or corporation shall strip, excavate or remove topsoil other than in accordance with Chapter 138, Soil Removal, of the Code of West Amwell Township.
[Amended by Ord. No. 96-04]
A home occupation is allowed in any single-family detached dwelling as an accessory use subject to the issuance of a zoning permit, providing the following standards are met:
A. 
Not more than 25% of the gross floor area of the dwelling, not including the basement, cellar or attic, or not more than 500 square feet, whichever is less, is used for the home occupation.
B. 
There is no visible exterior evidence of the conduct of the occupation and the structure maintains a residential appearance.
C. 
No sales are to be made on the premises.
D. 
No part of the home occupation is conducted in any accessory building.
E. 
Not more than one person who is not both a member of the family and a resident of the dwelling may be employed.
F. 
No traffic may be generated by the occupation beyond that normally generated by the use of the premises as a single-family dwelling.
G. 
No machinery, equipment or process may be used which creates noise, vibration, glare, fumes, odors or electrical interference detectable at the property lines, or which causes any interference with radio or television reception by neighboring residences or fluctuation in line voltages beyond the premises.
H. 
No goods, chattels, materials, supplies or items of any kind shall be delivered either to or from the premises in connection with a home occupation, except in passenger cars or vans with a maximum length of 20 feet.
The following uses and activities shall be prohibited in all zones:
A. 
All billboards.
B. 
Carousels, merry-go-rounds, roller coasters, Ferris wheels, whirl-a-gigs, pony or train rides, midways or sideshows, and similar outdoor commercial recreational uses.
C. 
[1]Trailer parks.
[1]
Editor’s Note: Former Subsection C, regarding auction markets and flea markets, was repealed 11-18-2015 by Ord. No. 10-2015. This ordinance also provided for the redesignation of former Subsections D through H as Subsections C through G, respectively.
D. 
Junkyards, automobile wrecking yards or dissembly yards, or the sorting or baling of scrap metal, paper, rags or other scrap material.
E. 
Migrant labor camps.
F. 
Dumps for the disposal of garbage, trash, refuse, junk or other such material; or sanitary landfills.
G. 
Any use not specifically permitted in this chapter.
The control and regulation of the nature and extent of uses of structures as herein provided shall apply equally to the nature and extent of the use of the land.
The construction of buildings and structures shall comply with the State Uniform Construction Code and any other applicable regulations.
[Added by Ord. No. 96-04]
The following uses are permitted in all zones: municipal parks, playgrounds, and other municipal buildings, properties or uses which are deemed appropriate and necessary by the Township Committee of West Amwell Township.
[Amended by Ord. No. 95-07; Ord. No. 99-02; 9-2-2004 by Ord. No. 15-2004]
For the purposes of this chapter, the Township of West Amwell is hereby divided into the following zoning districts:
SRPD
Sourlands Regional Planning District
RR-6
Rural Residential Southern District Zone
RR-5
Rural Residential Central District Zone
RR-4
Rural Residential Northern District Zone
R1-A
Special Medium Density Residential Zone
R-9
High Density Residential Zone
HC
Highway Commercial Zone
LHC
Limited Highway Commercial Zone
NC
Neighborhood Commercial Zone
LI
Light Industrial Zone
A. 
Official Zoning Map. The above-listed zoning districts are hereby established as shown on the map entitled "Zone Map, Township of West Amwell," dated May 3, 1995, adopted as part of this chapter and as thereafter amended by ordinance, which map(s) accompany and are hereby declared to be a part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
B. 
Amendments to the Zoning Map.
(1) 
The Township Committee shall update the Zoning Map as soon as possible after amendments to it are adopted. No amendment to this chapter which involves matters portrayed on the Zoning Map shall become effective until after such amendment has been made to the map, and the date of the amendment to the map shall be indicated on the map. New prints of the updated map may then be issued.
(2) 
The Township Clerk shall keep copies of the superseded zoning maps for historical reference.
C. 
Interpretation of boundaries. Where uncertainty exists as to any of said boundaries as shown on the Zoning Map, the following rules shall apply:
(1) 
Zone boundary lines are intended to follow the center line of the streets, railroad rights-of-way, streams and lot or property lines as they exist on plats of record at the time of the passage of this chapter, unless such zone boundary lines are fixed by dimensions as indicated on the Zoning Map.
(2) 
Where such boundaries are not fixed by dimensions and where they approximately follow lot lines, and where they do not scale more than 10 feet distant therefrom, such lot lines shall be construed to be such boundaries.
(3) 
In unsubdivided land and where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions shown on the map, shall be determined by the use of the scale appearing thereon.
(4) 
In cases of uncertainty or disagreement as to the true location of the boundary of any district, the determination thereof shall be made by the Planning Board.
[Amended 12-27-2023 by Ord. No. 13-2023]