The regulations set forth in this Part 4 for
each district shall be minimum regulations and shall apply uniformly
to each class of structure or land within the district, as hereinafter
provided. Deviation from the standards of this Part 4 will only be
permitted upon the grant of a variance.
The purpose of these provisions is to provide
direction regarding the application of development requirements and
restrictions within the Township's zone districts.
The provisions of this Part 4 shall not apply
to customary underground essential services as defined herein, except
that all facilities such as pumping stations, repeater stations and
electric substations, which require a building above ground or any
other aboveground appurtenance of any type more than 30 feet high,
shall require approval as a conditional use subject to the provisions
of this Part 4.
The term condominium describes an ownership
arrangement, not a land use subject to these regulations; therefore,
condominiums may be established in any zone under the restrictions
applicable to the development that it comprises. The existence of
condominium ownership shall not negate minimum lot area, dimension
or other requirements intended to provide adequate light, air, and
privacy.
No building or structures shall hereafter be
erected and no existing building or structure shall be moved, altered,
added to or enlarged, nor shall any land or building or portion of
a building or structure to be used, designed, or arranged to be used
for any purpose unless in conformity with all of the regulations herein
specified for the district in which is it located.
Every principal building shall be built upon
a lot with frontage upon a public street improved to meet the municipal
requirements of this chapter or for which such improvement has been
guaranteed by the posting of a performance guarantee unless relief
has been granted under the provisions of N.J.S.A. 40:55D-36.
Except for multifamily and nonresidential uses,
no more than one principal building and its accessory buildings shall
hereafter be erected on any one lot.
No yard or lot existing at the time of passage
of this chapter shall be reduced in dimension or area below the minimum
requirements set forth herein. Yards or lots created after the effective
date of this chapter shall meet the minimum requirements established
by this chapter.
A. Insofar as is practical, lots should be evenly and
regularly shaped. Side lot lines shall be at right angles to straight
streets and radial to curved streets, and rear lot lines shall be
parallel to the front lot line or street line.
B. Through lots with frontage on two streets shall be
permitted only under the following conditions:
(1)
Where the length of the lot between both streets
is such that future division of the lot into two lots is impermissible
under current zoning;
(2)
Access shall be to the street with the lower
traffic function, or the street on which the dwelling would best fit
into the existing neighborhood character and fabric; and
(3)
The portion of the lot abutting the other street
shall be clearly labeled on the plat and in any deed that street access
is prohibited.
C. The rear yard of through lots, or reverse frontage
lots, shall be buffered from the street in the following manner:
(1)
Reverse frontage buffers shall be required where
residential units and/or lots back onto any street.
(2)
The buffer shall be situated adjacent to the
property line.
(3)
Any landscaped buffer shall be not less than
20 feet in width. For lots backing up on arterial streets or highways,
the landscape buffer shall not be less than 30 feet.
(4)
The buffer area shall be used for no purpose
other than landscaping, underground utilities or for any required
sidewalk.
No yard or other open space provided around
any building for the purpose of complying with the provisions of this
chapter shall be considered as providing a yard or open space for
any other buildings, and no yard or other open space on one lot shall
be considered as providing a yard or open space for a building on
any other lot.
It shall be the responsibility of every property
owner, tenant, developer and applicant to maintain in a safe and orderly
condition, all buildings and land in the municipality which they own,
use, occupy or for which they have maintenance responsibility in accordance
with the following regulations. Maintenance of all land uses within
the municipality shall include, but is not limited to, the following:
A. Potholes and other pavement failures within paved
parking areas shall be repaired on a regular basis. If such potholes
or pavement failures are hazardous to vehicles, they shall be appropriately
barricaded and marked to warn motorists.
B. Unpaved or gravel parking and pedestrian areas shall
be maintained and regularly regraded in a manner which will keep the
area free of holes and other severe grade changes which would be hazardous
to vehicular and pedestrian usage.
C. Paint striping, traffic control signs and markings,
and all other signs and graphics shall be maintained in a condition
whereby they can be clearly seen and are legible.
D. Curbing, other pavement edging and sidewalks shall
be maintained free of cracks and holes which would present a hazard
to pedestrians.
E. All refuse stored outdoors shall be kept within containers
having lids, in a manner that the refuse is not visible to pedestrians
or persons in vehicles on or off the site. Such containers shall be
located so as to prevent interference with vehicular or pedestrian
circulation.
F. All areas of the site shall be kept free of debris
and other materials. All users of shopping carts or similar items
shall provide for the regular pickup of such shopping carts or similar
items from parking areas and other portions of the site at least once
every hour during their business hours. All shopping carts or similar
items shall either be stored indoors or in a location adjacent to
the building specifically set aside for such storage during nonbusiness
hours.
G. Building finishes shall be maintained reasonably free
of peeling or cracked paint, rust or other unsightly conditions.
H. All plantings and ground cover shall be adequately
watered and cut. All dead plant materials shall be removed or replaced.
All lawn or other nonpaved areas shall be kept trimmed and free from
weeds and other noxious growth.
I. All outdoor lighting shall be maintained in a working
condition.
A. Existing natural features such as streams, lakes,
ponds and the natural configuration of the ground shall be retained
where possible. If it can be demonstrated to the satisfaction of the
Planning Board when reviewing applications for subdivisions, site
plan or conditional uses, or to the satisfaction of the Board of Adjustment
in all other cases, that such feature will substantially interfere
with a permitted use of a property, such features may be altered only
to the extent absolutely necessary to render premises suitable for
such permitted use.
B. Elevation alterations.
(1) No alteration of any existing elevation of land or
an approved grading plan shall be permitted without the written approval
of the Township Engineer.
(2) The existing elevation of any land in the Township
shall not be altered more than two feet by means of soil removal,
fill, or grading, except as part of an approved development application.
Should the Township Engineer determine a proposed modification to
an approved grading plan to be substantial, such approval shall be
withheld and the applicant or developer shall be required to apply
to the approving agency for approval or an amended grading plan.
No topsoil shall be removed from any premises
in any zone. No subsoil, sand or gravel shall be removed from any
premises in any zone except that:
A. The Land Use Officer may issue a permit for the removal
of subsoil from excavations for building foundations or other structures,
provided that the total amount to be removed from the lot does not
exceed 500 cubic yards.
B. The appropriate hearing agency for any development application may grant a temporary bulk variance for the removal of soil, sand or gravel other than as set forth in Subsection
A above. Such removal shall also be regulated by Chapter
188, Soil Removal.
A. No truck, tractor trailer, truck or trailer body of
any kind, mobile home, house trailer, camper trailer or any similar
vehicles shall be stored or parked on any premises or upon any street
in any zone except while actually loading or unloading or making pickups
and deliveries, and except as otherwise provided herein. This prohibition
shall not apply to lawfully registered pickup trucks or vans which
do not exceed 19 feet in overall length.
B. No truck, tractor trailer, truck or trailer body of
any kind, mobile home, house trailer, camper trailer or any similar
vehicle and no metal or other container shall be used for storage
purposes on any premises in any zone. This prohibition shall apply
to such vehicles, bodies or containers whether or not the same are
capable of movement.
C. In business and industrial zones only, trucks, tractor
trailers and buses which are used as motor vehicles to transport goods
or materials in connection with the business conducted on the premises
may be parked thereon, provided that all such vehicles are property
registered, kept in good repair and arranged in an orderly fashion
upon the premises.
D. Unregistered vehicles may be stored on the premises
of a trucking terminal or other use which requires the storage of
heavy equipment, provided that the use is permitted and provided further
that the vehicles or equipment are in good repair and arranged in
an orderly fashion upon the premises.
E. No sales of goods or merchandise from any truck, tractor
trailer, motor vehicle of any kind, truck or trailer body of any kind,
mobile home, house trailer, camper trailer or any similar vehicle
shall be permitted in any zone. This prohibition shall apply whether
or not the same is capable of movement. This subsection shall not
apply to an ice cream vendor who has obtained a permit or license
from the Township.
F. No truck, tractor trailer, truck or trailer body of
any kind, mobile home, house trailer, camper trailer, pickup camper
or any other vehicle or facility shall be used for habitation in any
zone, except for mobile homes in a licensed mobile home park and except
for a temporary mobile home on a single-family residential lot on
which the existing principal dwelling has been destroyed to a point
where it is uninhabitable by fire or other disaster not controllable
by the occupant of the dwelling. Such a temporary mobile home shall
be permitted only for the purposes of a temporary residence while
the damaged dwelling is being repaired or rebuilt to a habitable condition
and shall in no case be permitted for a period of longer than six
months.
G. No truck, tractor trailer, truck or trailer body of
any kind, mobile home, house trailer, camper motorized home or any
similar vehicle, and no boat shall be stored on any street in any
zone.
No driveway or easement providing access to
or egress from a business or industrial use shall extend through or
into any residential zone.
A. In all commercial and industrial zones buildings shall
be so designed that all sides of the building shall be of similar
design and shall be constructed with similar materials.
B. In all commercial and industrial zones, all buildings
shall be so designed that the roof design and roofline shall be similar
on all sides.
A. Except as hereinafter provided not more than one building
permit shall hereafter be issued for any dwelling to be erected in
a housing development consisting of two or more houses if it is substantially
alike in exterior design and appearance with any neighboring dwelling
situated on the, same or opposite side of the street, within 200 feet
in zones requiring lot areas of 40,000 square feet or more, or within
150 feet in zones requiring lot areas of less than 40,000 square feet.
The distances herein specified shall be the shortest distance between
the street lines of the respective properties.
B. Houses within such specified distances of each other
shall be considered substantially alike in exterior design and appearance
if they have any one of the following characteristics:
(1) The same basic dimension and floor plans are used
without substantial differentiation of one or more exterior elevations.
(2) The same basic dimensions and floor plans are used
without substantial change in the orientation of the houses on the
lots.
(3) The height and design of the roofs are without substantial
change in design and appearance.
(4) The size, type and location of doors and windows in
the front elevation are without substantial differentiation.
[Amended 5-10-2006 by Ord. No. 12-2006]
A. It shall be unlawful for any person not explicitly
exempted by this section to remove or injure any live tree, the trunk
of which exceeds three inches in diameter measured at a point two
feet above the ground, or any specimen tree as defined in this chapter,
in any zone, without first obtaining a permit to do so from a municipal
agency or designee thereof, as part of an application for development.
A tree removal permit application unrelated to a development application
shall be presented to the Planning Board.
B. The following shall be exempt from the requirements
of this section:
(1) Any homeowner who wishes to remove trees from the
lot on which he resides; or on which he intends to construct a dwelling
in which he will reside and for which he has valid zoning and building
permits. This exemption shall not apply to trees in a public right-of-way
or to trees on a residential property that is the subject of a pending
minor or major subdivision application.
(2) Any tree or shrub growing on property actually being
used as a nursery, garden center, tree farm or orchard.
(3) Any tree removal in compliance with the Farmland Assessment
Law (N.J.S.A. 54:4-23.1 et seq.) for agricultural use. The agricultural
use must be for a minimum of three years.
(4) Trees directed to be removed by municipal, county,
or state authority pursuant to law.
(5) Any dead, diseased or damaged tree or any tree that
endangers life or property as determined by the designated municipal
official.
(6) Any public utility company may prune trees to obtain
normal line clearance for overhead utility wires, provided such pruning
does not endanger or adversely affect the appearance of said trees.
C. No zoning or building permit shall be issued until
a written plan of tree removal has been approved by the approving
agency or designee thereof. The applicant shall submit such a plan
as part of any subdivision or site plan application. The plan shall
show all proposed tree removal in relation to the survey stakes marking
each lot, use and structure requiring such removals. In addition the
plan shall contain the following information:
(1) Tax Map, lot and block number.
(3) Owner's name and address.
(4) Map of locations and surrounding properties showing
wooded areas, steep slopes, floodplains, any wetlands and wetland
buffer areas, coastal wetland areas, and all other environmentally
sensitive areas as defined in this chapter.
(5) The location of all shrub and tree lines, the location,
species and diameter breast height of all single standing trees, all
trees eight inches in diameter two feet above existing grade, and
specimen trees as defined in this chapter, with the clearing limits
for all trees to be removed clearly defined.
(6) The method of delineating tree clearing limits on
site. Acceptable delineation methods include painting bright white
or orange markings visible from a distance of 25 feet at a minimum
height of eight feet above grade on all trees at the outside limit
of the tree clearing limits; the use of bright white or orange plastic
tape extending from tree to tree at a minimum height of eight feet
above grade at the outside limit of the tree-clearing limits; the
similar marking of single standing trees three inches in diameter
two feet above existing grade; or other method acceptable to the approving
authority. Specimen and other trees to be saved and/or relocated shall
be designated using red tape or paint markings eight feet above grade
visible from a distance of 25 feet.
(7) The location of all existing and proposed buildings,
roads, driveways, parking lots, staging areas, recreation areas, gardens
and septic systems.
(9) Demonstration of compliance with §
140-260C. The plans may also indicate existing trees which may be salvaged from the clearing areas and relocated. These trees shall be identified by species, size, area and method for relocation.
(10)
Provision for removal of excess stumps and branches
from the property. No burying of this material is permitted.
(11)
Measures to be taken to insure the survival
of the trees during and after construction, suggested trimming and
maintenance prior to construction.
(12)
Where a project is to be developed in phases,
the plan shall denote the phase limits in relation to all proposed
tree removal.
D. In determining whether or not a permit should be granted,
the agency or its designee shall consider:
(1) The condition of the trees or shrubs with respect
to disease, insect attack, danger of falling, proximity to existing
or proposed structures and interferences with utility services.
(2) The necessity of removing the trees or shrubs in order
to construct the proposed improvements to allow reasonable economic
use of the property.
(3) The effect of the removal on erosion, soil moisture
retention and flow of surface waters.
(4) The number and density of trees in the area and the
effect of tree removal on property values of the neighborhood and
on other existing vegetation.
(5) If their presence would cause hardship, or endanger
persons or property, or substantially interfere with a permitted use
of a property.
(6) The necessity to clear areas to be occupied by buildings,
driveways, or recreation areas and within a distance of 15 feet around
the perimeter of such buildings depending on the tree species and
conditions to be reasonably determined by the Planning Board.
(7) If the removal of trees is to be performed in a selective
manner consistent with the public interest, thinning of a heavily
wooded area where some trees are removed and others remain may be
permitted.
(8) Whether the applicant has complied with §
140-260C regarding reforestation.
[Added 5-10-2006 by Ord. No. 12-2006]
E. No paving of any impervious nature shall be placed
within the dripline of a tree. No material, machinery or temporary
soil deposits shall be placed within six feet of any existing tree
trunk or stem. Any regrading shall require, where necessary, that
all trees remaining shall be welled in.
F. Trees may be removed in driveways and within 10 feet
of each side of the driveway. Alignment of driveways shall be planned
to save as many trees and shrubs as practical.
G. If no area other than a wooded area or area with trees
and shrubs can be found to accommodate the building foundation, sewerage
system, disposal field or well, meeting the approval of the appropriate
inspector, necessary tree removal shall be permitted.
H. Where more than three inches of fill is required around
trees, the trees must be protected by an air well six feet in diameter
or as needed around the trunk to prevent the intrusion of soil. Tile
pipe must radiate like spokes from the well to provide oxygen to the
roots. The top of the well must extend six inches above the graded
level.
I. Tree barriers shall be erected with fencing or roping
prior to the use of heavy equipment on the property, and removed only
after the threat of damage from heavy equipment is gone.
J. All tree removal permit applications shall be forwarded
to the Environmental Advisory Committee for review and comment. Comments
regarding a particular permit application shall be forwarded to the
Land Use Officer, the municipal agency and the applicant.
K. An application for approval of a tree removal plan
shall be accompanied by a filing fee in the amount set forth in this
chapter.
Every principal building shall have its street
address clearly posted in an area which is visible from the road on
which it fronts. Numerals for residential buildings shall be no less
than two inches high and one inch wide. Numerals for nonresidential
buildings shall be no less than six inches high and two inches wide
and shall not contribute toward the permitted square footage for advertising
signage.