[Amended 7-18-2006 by Ord. No. 2006-14]
A comprehensive ordinance regulating and limiting the uses of
land and the uses and the locations of buildings and structures; regulating
and restricting the height and bulk of buildings and structures and
determining the area of yards and other open spaces; regulating and
restricting the density of population; dividing the Township of Allamuchy
into zoning districts for such purposes; adopting a map of said Township
showing the boundaries and the classification of such districts; establishing
rules, regulations and standards governing the subdivision and development
of land within the Township; establishing a Land Use Board; and prescribing
penalties for the violation and methods for enforcement of the provisions
of this chapter.
The short form by which this chapter may be known shall be the
"Land Development Ordinance of the Township of Allamuchy."
This chapter is adopted pursuant to the Municipal Land Use Law
(N.J.S.A. 40:55D-1 et seq.) in order to promote and protect the public
health, safety, morals and general welfare, and in furtherance of
the following related and more specific objectives:
A.
To secure safety from fire, flood, panic, and other natural
and man-made disasters;
B.
To provide adequate light, air and open space;
C.
To ensure that the development of the Township of Allamuchy
does not conflict with the development and general welfare of neighboring
municipalities, the county and the state as a whole;
D.
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;
E.
To encourage the appropriate and efficient expenditure of public
funds by the coordination of public development with land use policies;
F.
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;
G.
To encourage the location and design of transportation routes
which will permit the free flow of traffic while discouraging location
of such facilities and routes which will result in congestion or blight;
H.
To provide a desirable visual environment through creative development
techniques and good civic design and arrangements;
I.
To promote the conservation of historic sites and districts,
open space, energy resources and valuable natural resources in the
state and to prevent urban sprawl and degradation of the environment
through improper use of land;
J.
To encourage planned unit developments which incorporate the
best features of design and relate the type, design and layout of
residential, commercial, industrial and recreational development of
the particular site;
K.
To encourage senior citizen community housing construction;
L.
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;
M.
To promote utilization of renewable energy sources;
N.
To promote the maximum practicable recovery and recycling of
recyclable materials from municipal solid waste through the use of
planning practices designed to incorporate the state recycling plan
goals and to complement municipal recycling programs;
O.
To further the goals and policies of the Master Plan of the
Township of Allamuchy;
P.
To prohibit incompatible uses and to prohibit uses, buildings
or structures which are incompatible with the character of the development
of the permitted uses within specified zoning districts and surrounding
areas;
Q.
To regulate alterations of existing buildings, to prevent such
additions to, and alterations or remodeling of, existing buildings
or structures as would not comply with the restrictions and limitations
imposed hereunder;
R.
To conserve the value of land and buildings throughout the Township;
S.
Within the community's resources, to meet the future housing
needs of the citizens of the Township of Allamuchy and the region,
and to assure a full range of housing types to meet all income levels;
T.
To minimize the increases in volumes and rates of surface runoff
due to development, and to prevent dangers to life and property from
excess water runoff and clogging of drainage structures; and
U.
To maintain the useful life of natural man-made waterways and
impoundments by minimizing sedimentation, and to maintain sufficient
flows in streams and rivers for recreation, health and aesthetic purposes.
A.
The provisions of this chapter shall be held to be the minimum
requirements.
B.
Where this chapter imposes a greater restriction than is imposed
or required by other provisions of law or by other rules, regulations
or resolutions, the provisions of this chapter shall control.
C.
Where other laws, rules, regulations or resolutions require
greater restrictions than are imposed by this chapter, the provisions
of such other laws, rules, regulations or restrictions shall control.
D.
Nothing in this chapter shall be interpreted by the Land Use
Board or by a court of competent jurisdiction to deprive jurisdiction
regarding public utilities and public utility uses, as hereinafter
defined, from such state or federal agencies as may have jurisdiction
over same. The purpose of the regulations contained in this chapter
are intended to exercise the Township's appropriate police power to
assure that all uses, including public utilities and public utility
uses as defined herein, are compatible and consistent with surrounding
structures, uses, zoning districts and the Master Plan of the Township
of Allamuchy.
[Amended 7-18-2006 by Ord. No. 2006-14]
A.
No building or any other structure shall be erected, enlarged,
altered, added to, reduced, moved or changed in use unless in conformity
with the applicable requirements of this chapter.
B.
All applicable requirements of this chapter shall be met at
the time a building or any other structure is first erected, enlarged,
altered, added to, reduced, moved or changed in use.
C.
All applicable requirements of this chapter shall apply to the
entire structure, whether or not the entire structure was involved
in the erection, enlargement, alteration, addition, reduction, moving
or change in use.
D.
No structure or land area in Allamuchy Township shall be used
for any purpose or in any manner other than as specified in this chapter.
