A.
The long title of this chapter is "An Ordinance Establishing
Zoning, Subdivision and Site Plan Regulations Covering the Use and
Development of Land and Structures, Lot Area, Lot Coverage of Buildings
and Other Structures, Population Density, Parking Provisions and Height
and Dividing the Township Into Zoning Districts, Each With Specific
Regulations, in Accordance with Provisions of the New Jersey Municipal
Land Use Law[1] and the Pinelands Protection Act."[2]
B.
Short title. This chapter will be known and may be
cited as the "Hamilton Township Developmental Ordinance."
A.
The Developmental Ordinance[1] which follows was developed by the Hamilton Township Planning
Board to promote the public health, safety, morals, general welfare
and all other purposes enumerated in the New Jersey Municipal Land
Use Law, Chapter 291 of the Laws of New Jersey 1975.[2] The regulations and districts appearing herein are consistent
with the land use element of Hamilton Township's Master Plan, the
Pinelands Comprehensive Management Plan and the New Jersey Department
of Environmental Protection Coastal Resource and Development Policies.
B.
It is the intent and purpose of this chapter to:
(1)
Encourage municipal action to guide the appropriate
use of development of all lands in this township in a manner which
will promote the public health, safety, morals and general welfare.
(2)
Secure safety from fire, flood, panic and other natural
and man-made disasters.
(3)
Provide adequate light, air and open space.
(4)
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.
(5)
Promote the establishment of appropriate population
densities and concentrations that will contribute to the well-being
of persons, neighborhoods and communities and preservation of the
environment.
(6)
Encourage the appropriate and efficient expenditure
of public funds by the coordination of public development with land
use policies.
(7)
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.
(8)
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.
(9)
Promote a desirable visual environment through creative
development techniques and good civic design and arrangements.
(10)
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.
[Amended 7-7-1997 by Ord. No. 1261-97]
(11)
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
to the particular site.
(12)
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.
(13)
Promote senior citizen community housing construction.
(14)
Promote the conservation of energy through the
use of planning practices designed to reduce energy consumption and
to provide for the maximum utilization of energy resources.
(15)
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 plans.
[Added 7-7-1997 by Ord. No. 1261-97]
(16)
Implement the purposes, policies and objectives
of the Comprehensive Management Plan of the New Jersey Pinelands Commission.
A.
The regulations established by this chapter shall
be held to be the minimum requirements and shall apply uniformly to
each class or kind of structure or land. It is not the intention of
this chapter to interfere with, abrogate or annul any easements, covenants
or other agreements between the parties; provided, however, that where
this chapter imposes a greater restriction with regard to use, height
or open space, the provisions of this chapter shall govern.
B.
The standards and regulations in this chapter which
are applicable to the Pinelands Area of the township are intended
to be the minimum provisions necessary to achieve the purposes and
objectives of the Pinelands Protection Act.[1] In the event of a conflict between this chapter and the
Comprehensive Management Plan, the more strict provision shall control.
(1)
Use of land; construction of buildings. On and after
the effective date of this chapter, no land or building shall be used,
developed, constructed, located, altered, rebuilt or enlarged for
any purpose within Hamilton Township except in conformity with the
restrictions and regulations established by this chapter for the district
in which such land or building is located and in conformity with all
other pertinent terms and provisions of this chapter.
(2)
Existing uses and structures. In all districts, after
the effective date of this chapter, any existing building or structure
and all tracts of land, the use of which is not in conformity with
the regulations for the district in which it is located, shall be
deemed as nonconforming and subject to the appropriate regulations
of this chapter governing such nonconforming lots, uses and structures.
(3)
Failure to comply. Any building developed, constructed,
rebuilt, altered or located on or after the effective date of this
chapter, in violation of the restrictions and regulations established
for the district in which it is located or in violation of other pertinent
terms or provisions of this chapter, shall be changed, altered, corrected
or relocated by the person who constructed or located such building
and by the owner of the land on which it is situated, so that both
building and premises shall conform to all provisions of this chapter.
Such change, alteration, correction or relocation shall be made within
30 days after notification, in writing, by the Zoning Officer to the
person who constructed, altered or located the building and the owner
of the land on which it is located. Such notification shall be by
personal service on those to be served or by certified or registered
mail, return receipt requested, to the last known address of those
to be served.
[1]
Editor's Note: See N.J.S.A. 13:18A-1 et seq.
A.
Establishment. A Planning Board is hereby established
pursuant to the provisions of the New Jersey Municipal Land Use Law,
N.J.S.A. 40:55D-23 et seq.
B.
Membership. The Planning Board shall consist of nine
members. For convenience in designating the manner of appointment,
the membership shall consist of and be divided into the following
four classes:
(1)
Class I: the Mayor, or the mayor's designee.
[Amended 10-1-2012 by Ord. No. 1728-2012]
(2)
Class II: one of the officials of Hamilton Township,
other than a member of the Township Committee, to be appointed by
the Mayor. The member of the Environmental Protection Commission[1] who is also a member of the Planning Board, as required
by N.J.S.A. 40:56A-1 et seq., shall be deemed to be the Class II Planning
Board member if there is both a member of the Zoning Board of Adjustment
and a member of the Board of Education among the Class IV members.
(3)
Class III: a member of the Township Committee, to
be appointed by it.
(4)
Class IV: six other citizens of Hamilton Township,
to be appointed by the Mayor. The members of Class IV shall hold no
other municipal office, except that one member may be a member of
the Zoning Board of Adjustment and one member may be a member of the
Board of Education. A member of the Environmental Protection Commission
who is also a member of the Planning Board shall be a Class IV Planning
Board member unless there are among the Class IV members of the Planning
Board both a member of the Zoning Board of Adjustment and a member
of the Board of Education, in which case a member of the Environmental
Protection Commission shall be deemed to be the Class II member of
the Planning Board.
C.
Terms of office.
(1)
The term of the member comprising Class I shall correspond
with his official tenure. Terms of the members comprising Class II
and Class III shall be for one year or terminated at the completion
of their respective terms of office, whichever occurs first, except
by a Class II member who is also a member of the Environmental Protection
Commission. The term of a Class II or a Class IV member who is also
a member of the Environmental Protection Commission shall be for three
years or terminate at the completion of his term of office as a member
of the Environmental Protection Commission, whichever occurs first.
(2)
The terms of all Class IV members shall be four years.
The term of a Class IV member who is also a member of the Board of
Adjustment or the Board of Education shall, however, terminate whenever
he or she is no longer a member of such body or at the completion
of his or her Class IV term, whichever occurs first.
[Amended 4-18-1994 by Ord. No. 1164-94]
(3)
If a vacancy in any class shall occur otherwise than
by expiration of the Planning Board term, it shall be filled by appointment
as provided above for the unexpired term.
D.
Conflicts. No member or alternate member of the Planning
Board shall be permitted to act on any matter in which he has, either
directly or indirectly, any personal or financial interest. Any member
or alternate member, other than a Class I member, after a public hearing
if he requests one, may be removed by the Township Committee for cause.
E.
Absent members. When any hearing before the Planning
Board shall carry over two or more meetings, a member of the Planning
Board who is absent for one or more meetings shall be eligible to
vote on the matter upon which the hearing was conducted, notwithstanding
his absence from one or more of the meetings; provided, however, that
such Board member has available to him a transcript or recording of
the meeting from which he was absent and certifies, in writing, to
the Board that he has read such transcript or listened to such recording.
F.
Alternate members.
(1)
Not more than two alternate members may be appointed
by the Mayor and shall meet the qualifications of Class IV members
of the Board. Alternate members shall be designated at the time of
appointment as "Alternate No. 1" and "Alternate No. 2." A vacancy
occurring otherwise than by expiration of term shall be filled for
the unexpired term only.
(2)
Alternate members may participate in discussion of
the proceedings but may not vote except in the absence or disqualification
of a regular member of any class. A vote shall not be delayed in order
that a regular member may vote instead of an alternate member. In
the event that a choice must be made as to which alternate member
is to vote, Alternate No. 1 shall vote.
(3)
If the Planning Board lacks a quorum because any of its regular or alternate members are prohibited by Subsection D of this section from acting on a matter due to the member's personal or financial interests therein, regular members of the Board of Adjustment shall be called upon to serve, for that matter only, as temporary members of the Planning Board in order of seniority of continuous service to the Board of Adjustment until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between regular members of equal seniority, the Chairman of the Board of Adjustment shall make the choice.
[Added 8-17-1992 by Ord. No. 1127-92]
G.
Organization. The Planning Board shall elect a Chairman
and Vice Chairman from the members of Class IV and shall select a
Secretary, who may or may not be a member of the Planning Board or
a municipal employee. It may employ or contract for and fix the compensation
of legal counsel, other than the Township Attorney, a Planning Board
consultant, a civil engineer and other staff and services as it may
deem necessary, not exceeding, exclusive of gifts or grants, the amount
appropriated by the governing body for its use.
H.
Powers and duties. The Planning Board is authorized
to adopt bylaws and rules governing its procedural operation. It shall
also have the following powers and duties.
(1)
To make, adopt and amend a Master Plan for the physical
development of the township, including any areas outside its boundaries
which, in the Board's judgment, bear essential relation to the Planning
Board to the planning of the township in accordance with the provisions
of N.J.S.A. 40:55D-28.
(2)
To administer the provisions of this chapter.
(3)
To participate in the preparation and review of programs
and plans required by state or federal law or regulations.
(4)
To assemble data on a continuous basis as part of
a continuous planning process.
(5)
To annually prepare a program of municipal capital
improvement projects, projected over a term of six years, and amendments
thereto, and recommend the same to the Township Committee.
(6)
To consider and make report to the Township Committee
within 35 days after referral as to any proposed development regulations
submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26 and
also pass upon other matters specifically referred to the Planning
Board by the Township Committee pursuant to the provisions of N.J.S.A.
40:55D-26.
(7)
When reviewing applications for approval of subdivision
plats, site plans or conditional uses, to grant, to the same extent
and subject to the same restrictions as the Zoning Board of Adjustment:
(a)
Variances pursuant to N.J.S.A. 40:55D-70c.
(b)
Direction, pursuant to N.J.S.A. 40:55D-34, for
issuance of a permit for a building or structure in the bed of a mapped
street or public drainageway, flood-control basin or public area preserved
pursuant to N.J.S.A. 40:55D-32.
(c)
Direction, pursuant to N.J.S.A. 40:55D-36, for
issuance of a permit for a building or structure not related to a
street.
(8)
Whenever relief is requested pursuant to this subsection,
to include on the notice for a hearing on the application for development
a reference to the request for a variance or direction for issuance
of a permit, as the case may be.
(9)
To perform such other advisory duties as are assigned
to it by ordinance or resolution of the Township Committee for the
aid and assistance of the Township Committee or other agencies or
officers.[2]
[2]
Editor's Note: Former Subsection H(10), which
dealt with the power of the Planning Beard to act as the Historic,
Archaeological or Cultural Preservation Board, was deleted 11-20-1989
by 0rd. No. 1014-89.
I.
Citizens' Advisory Committee. The Mayor may appoint
one or more members of a Citizens' Advisory Committee to assist or
collaborate with the Planning Board in its duties, but such person
or persons shall have no power or vote or take other action required
of the Board. Such person or persons shall serve at the pleasure of
the Mayor.
J.
Environmental Protection Commission. Whenever the
Environmental Protection Commission has prepared and submitted to
the Planning Board and the Board of Adjustment an index of the natural
resources of the municipality, the Planning Board or the Board of
Adjustment shall make available to the Environmental Commission an
informational copy of every application for development submitted
to either Board. Failure of the Planning Board or Board of Adjustment
to make such informational copy available to the Environmental Protection
Commission shall not invalidate any hearing or proceeding. In the
Pinelands Area of the township, all applications for development approval
shall be referred to the Environmental Protection Commission for review
and comment.
A.
Establishment. The Zoning Board of Adjustment, also
known as the "Board of Adjustment," is hereby established pursuant
to the provisions of the New Jersey Municipal Land Use Law, N.J.S.A.
40:55D-69 et seq.
B.
Membership. The Zoning Board of Adjustment shall consist
of seven members, all of whom shall be residents of the Township of
Hamilton and shall be appointed by the Township Committee. The term
of each member shall be four years, and no member may hold any elective
office or position within the Township of Hamilton. Any vacancy occurring
otherwise than by expiration of term shall be filled for the unexpired
term only.
C.
Alternate members.
(1)
Not more than two alternate members shall be appointed
by the Township Committee. The term of each alternate member shall
be two years.
(2)
Alternate members shall be designated at the time
of appointment as "Alternate No. 1" and "Alternate No. 2." Alternate
members may participate in the discussion of proceedings but may not
vote, except in the absence or disqualification of a regular member.
A vote shall not be delayed in order that a regular member may vote
instead of an alternate member. In the event that a choice must be
made as to which alternate member is to vote, Alternate No. 1 shall
vote.
D.
Conflicts.
(1)
No member or alternate member may hold any elective
office or position in the Township of Hamilton. No member or alternate
member shall be permitted to act on any matter in which he has, either
directly or indirectly, any personal or financial interest. A member
may, after public hearing if he requests it, be removed by the Township
Committee for cause. A vacancy occurring otherwise than by expiration
of term shall be filled for the unexpired term only.
(2)
If the Board of Adjustment lacks a quorum because any of its regular or alternate members are prohibited by Subsection D(1) from acting on a matter due to the member's personal or financial interest therein, Class IV members of the Planning Board shall be called upon to serve, for that matter only, as temporary members of the Board of Adjustment. The Class IV members of the Planning Board shall be called upon to serve in order of seniority of continuous service to the Planning Board until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between Class IV members of equal seniority, the Chairman of the Planning Board shall make the choice.
[Added 8-17-1992 by Ord. No. 1127-92]
E.
Organization. The Zoning Board of Adjustment shall
elect a Chairman and Vice Chairman from its members and select a Secretary,
who may or may not be a member of the Zoning Board of Adjustment or
a municipal employee. It may employ, contract for and fix the compensation
of legal counsel, other than the City Attorney, a planning consultant,
a civil engineer and other staff and services as it may deem necessary,
not exceeding, exclusive of gifts or grants, the amount appropriated
by the Township Committee for its use.
F.
Powers and duties. The Zoning Board of Adjustment
shall follow the provisions of this chapter and the New Jersey Municipal
Land Use Law, N.J.S.A. 40:55D-69 et seq:
(1)
To hear and decide appeals where it is alleged by
the appellant that there is error in any order, requirement, decision
or refusal made by an administrative officer based on or made in enforcement
of the zoning provisions of this chapter.
(2)
To hear and decide, in accordance with the provisions
of this chapter, requests for interpretation of the Zoning Map or
zoning provisions of this chapter or for decisions upon other special
questions upon which such Board is authorized to pass by any zoning
provisions of this chapter.
(3)
Hardship.
[Amended 8-17-1992 by Ord. No. 1127-92]
(a)
Where, by reason of exceptional narrowness,
shallowness or shape of a specific piece of property, or by reason
of exceptional topographic conditions or physical features uniquely
affecting a specific piece of property, or by reason of an extraordinary
and exceptional situation uniquely affecting a specific piece of property
or the structures lawfully existing thereon, the strict application
of any regulation pursuant to the zoning provisions of this chapter
would result in peculiar and exceptional practical difficulties to
or exceptional and undue hardship upon the developer of such property,
to grant, upon an application or an appeal relating to such property,
a variance from such strict application of such regulation so as to
relieve such difficulties or hardship.
(b)
Where, in an application or appeal relating to a specific piece of property, the purposes of this chapter would be advanced but a deviation from the Zoning Ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, to grant a variance to allow departure from regulations pursuant to the zoning provisions of this chapter; provided, however, that no variance from those departures enumerated in Subsection F(4) of this section shall be granted under this subsection; and provided, further, that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use, in conjunction with which the Planning Board has power to review a request for a variance pursuant to § 203-4H(7).
(4)
Variances.
(a)
In particular cases and for special reasons,
to grant a variance to allow departure from regulations pursuant to
this chapter to permit: a use or principal structure in a district
restricted against such use or principal structure; an expansion of
a nonconforming use; deviation from a specification or standard pertaining
solely to a conditional use; an increase in the permitted floor area
ratio as defined in this chapter; an increase in the permitted density,
except as applied to the required lot area for a lot or lots for detached
one- or two-dwelling-unit buildings, which lot or lots are either
an isolated undersized lot or lots resulting from a minor subdivision;
or a height of a principal structure which exceeds by 10 feet or 10%
the maximum height permitted in the district for a principal structure.
A variance under this subsection shall be granted only by affirmative
vote of at least five members of the Board of Adjustment.
[Amended 8-17-1992 by Ord. No. 1127-92]
(c)
No variance or other relief may be granted under the terms of this Subsection F(4) or the preceding Subsection F(3) unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and the purpose of the zone plan and Zoning Ordinance. In respect of any airport hazard areas delineated under the Air Safety and Hazardous Zoning Act of 1983, P.L. 1983, c. 260 (N.J.S.A. 6:1-80 et seq.), no variance or other relief may be granted under the terms of this section, permitting the creation or establishment of a nonconforming use which would be prohibited under the standards promulgated pursuant to that Act, except upon issuance of a permit by the Commissioner of Transportation. An application under this section may be referred to any appropriate person or agency for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.
[Added 8-17-1992 by Ord. No. 1127-92[1]]
[1]
Editor's Note: This ordinance also renumbered former § 203-5F(4)(c) as § 203-5F(4)(d) below.
(d)
In addition, the following provisions shall
govern variances in the Pinelands Area:
[1]
Any municipal variance approval which grants
relief from the residential density or residential lot area requirements
set forth in Table 7.1: Area and Bulk Requirements[2] for the R-22, R-9, GA-L, GA-M, or GA-I Districts or from
the requirements established for the VC and PVD Districts shall require
that require that Pinelands development credits be used for all dwelling
units or lots in excess of that otherwise permitted without the variance.
[Amended 11-20-1989 by Ord. No. 1014-89; 5-17-1993 by Ord. No. 1148-93; 7-7-1997 by Ord. No. 1261-97; 8-4-1997 by Ord. No. 1280-97; 12-5-2006 by Ord. No. 1579-2006]
[2]
Editor's Note: Table 7.1 is included at the end of this chapter.
[2]
Any variance or other approval for a residential
use in the HC, DC, GC, or IBP Zones shall require that the Pinelands
development credits be used for 50% of the authorized units for parcels
under 10 acres in size; for 75% of the authorized units for parcels
between 10 acres and 20 acres in size; and for 100% of the authorized
units for parcels over 20 acres in size.
[Amended 11-20-1989 by Ord. No. 1014-89; 6-18-2001 by Ord. No. 1401-2001]
[3]
Any variance or other approval for a nonresidential
use not otherwise permitted in the R-9, R-22, GA-L, GA-M, GA-I or
PVD Zones shall require that Pinelands development credits (PDCs)
be used for 50% of the maximum rate permitted for PDCs use in the
zone in which the nonresidential use will be located for parcels under
10 acres in size; for 75% of the maximum rate for parcels between
10 acres and 20 acres in size; and for 100% of the maximum rate for
parcels over 20 acres in size. This requirement shall not apply to
a variance or other approval which authorizes the expansion of or
modifications to existing nonresidential uses in accordance with N.J.A.C.
7:50-5.2.
[Added 2-19-1991 by Ord. No. 1063-1991; amended 6-18-2001 by Ord. No. 1401-2001; 12-5-2006 by Ord. No. 1579-2006]
[4]
Any municipal variance approved which grants relief from the density or lot area requirements set forth in § 203-52B(1) or in the Table of Lot Requirements for Commercial Districts for a residential or principal nonresidential use in the Mizpah Village District or in that portion of the NC District located in the Mizpah Village (Block 500, Lot 2; Blocks 503 through 508; Block 532, Lots 1 and 2; Block 534, p/o Lot 1; and Block 531, Lot 5) shall require that Pinelands development credits be used for all dwelling units or lots in excess of that permitted without the variance.
[Added 7-7-1997 by Ord. No. 1261-97]
G.
Other powers.
(1)
The Zoning Board of Adjustment, when hearing appeals
and reviewing applications, shall have the power, pursuant to the
New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-76, to:
(a)
Direct issuance of a permit pursuant to N.J.S.A.
40:55D-34 for a building or structure in the bed of a mapped street
or public drainageway, a flood-control basin or a public area reserved
pursuant to N.J.S.A. 40:55D-32.
(b)
Direct issuance of a permit, pursuant to N.J.S.A.
40:55D-36, for a building or structure not related to a street.
(2)
The Zoning Board of Adjustment shall have the power
to grant, to the same extent and subject to the same restrictions
as the Planning Board, subdivision, site plan approval or conditional
use approval whenever the Board of Adjustment is reviewing an application
for approval of a variance.
(3)
The developer may elect to submit a separate application
requesting approval of a variance and a subsequent application for
any required approval of a subdivision, site plan or conditional use.
A separate approval of the variance shall be conditioned upon grant
of all required subsequent approvals by the Board of Adjustment. No
such subsequent approval shall be granted unless such approval can
be granted without substantial detriment to the public good and without
substantially impairing the intent and purpose of the zone plan and
zoning provisions of this chapter. The numbers of votes of Board members
required to grant any such subsequent approval shall be as otherwise
provided in this chapter for the approval in question, and any special
two-thirds vote of the full authorized membership required for a use
variance shall not be required.
H.
Expiration of variance.
[Amended 8-17-1992 by Ord. No. 1127-92]
(1)
Any variance from the terms of the ordinance granted
concurrently with a site plan or major subdivision approval shall
run with the time limits for preliminary and final approval established
in the Municipal Land Use Law (N.J.S.A. 40:55D-49 and 40:55D-52).
Any variance from the terms of the ordinance granted concurrently
with a minor subdivision approval shall expire two years from the
date of minor subdivision approval, provided that the minor subdivision
has been duly recorded.
(2)
Any variance from the terms of this chapter permitting
the erection or alteration of any structure or structures or permitting
a specified use of any premises that does not require site plan or
subdivision approval shall expire by limitation unless such construction
or alteration shall have been commenced or unless such permitted use
has actually been commenced within one year from the date on which
the resolution of approval was adopted. However, the running of this
period of limitation shall be tolled from the date of filing of an
appeal of the decision to the Township Committee or a court of competent
jurisdiction until the determination of such appeal or proceeding.
(3)
Any variance from the terms of the ordinance permitting
a specified use of any premises that also requires site plan and/or
major subdivision approval shall expire by limitation unless a preliminary
site plan and/or major subdivision approval has been granted within
one year from the date on which the resolution of variance approval
is adopted. However, the running of this period of limitation shall
be tolled from the date of filing of an appeal of the decision to
the Township Committee or a court of competent jurisdiction until
the determination of such appeal or proceeding. Upon receipt of preliminary
site plan and/or major subdivision approval, the time limits for the
variance shall run concurrently with the time limits for preliminary
and final approval established in the Municipal Land Use Law (N.J.S.A.
40:55D-49 and 40:55D-52).
I.
Written inquiries. Inquiries as to whether a proposed
land use is permissible under the zoning provisions or Official Zoning
Map shall be submitted, in writing, to the Board of Adjustment, which
shall issue a written response within 45 days after the next meeting
following receipt of the request or within such additional time as
may be consented to by the inquirer.
J.
Referral of applications. The Zoning Board of Adjustment
may refer any application for subdivision or site plan approval under
this article to the Planning Board for its report before taking final
action. Such reference shall not extend the time for action by the
Zoning Board of Adjustment, whether or not the Planning Board has
submitted its report.
K.
Absent members. When any hearing before the Zoning
Board of Adjustment shall carry over two or more meetings, a member
of the Zoning Board of Adjustment who is absent for one or more meetings
shall be eligible to vote on the matter upon which the hearing was
conducted; provided, however, that such Board member has available
to him a transcript or recording of the meeting from which he was
absent and certifies, in writing, to the Board that he has read such
transcript or listened to such recording.
A.
Rules and regulations. The Planning Board and the Zoning Board of Adjustment shall adopt and may amend reasonable rules and regulations not inconsistent with the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., or this chapter for the administration of their functions, powers and duties and shall furnish a copy thereof to any person upon request and may charge a reasonable fee for any such copy. Copies of all such rules and regulations and amendments thereto shall be maintained in the Zoning Office. The provisions of this section shall control the administration of the ordinance except to the extent to which these provisions conflict with the provisions of § 203-9 of this article dealing with the Pinelands Area of the township.
B.
Meetings.
(1)
The Planning Board and Zoning Board of Adjustment
shall fix the time and place for holding regular meetings for business
authorized to be conducted. Regular meetings shall be scheduled not
less than once a month and shall be held as scheduled, unless canceled
for lack of applications for development.
(2)
Special meetings shall be provided for at the call
of the Chairman or on request of any two Board members, which shall
be held on notice to its members and the public, in accordance with
all applicable legal requirements.
(3)
No action shall be taken at any meeting without a
quorum being present. All actions shall be taken by a majority vote
of the quorum, except as otherwise required by this chapter.
C.
Minutes. Minutes of every regular or special meeting
shall be kept and shall include the names of the persons appearing
and addressing the Board and of the persons appearing by attorney,
the action taken by the Board, the findings, if any, made by it and
the reasons therefor. The minutes shall thereafter remain available
for public inspection during normal business hours at the Zoning Office.
Any interested party shall have the right to compel production of
the minutes for use as evidence in any legal proceeding concerning
the subject matter of such minutes. Such interested party may be charged
a reasonable fee for production of the minutes for his use. In accordance
with the Open Public Meetings Act, N.J.S.A. 10:4-14, the minutes of
the meetings shall be reasonably comprehensive.
D.
Hearings.
(1)
The Planning Board and Zoning Board of Adjustment shall hold a hearing on each application for development or variance approval. The applicant shall obtain, complete and submit the appropriate application forms, § 203-135B, and the appropriate checklist(s), § 203-135C, for any development for which the applicant is seeking approval. The Planning Board shall hold a hearing on adoption or revision or amendment to the Master Plan.
[Amended 10-1-2012 by Ord. No. 1728-2012]
(2)
The Boards shall make the rules governing such hearings.
Any maps and documents for which approval is sought at a hearing shall
be on file and available for public inspection at least 14 days before
the date of the hearing during normal business hours in the Zoning
Office. The applicant may produce other documents, records or testimony
at the hearing to substantiate or clarify or supplement the previously
filed maps and documents.
(3)
The officer presiding at the hearing or such person
as he may designate shall have the power to administer oaths and to
issue subpoenas and to compel the attendance of witnesses and the
production of relevant evidence, including witnesses and documents
presented by the parties; and the provisions of the County and Municipal
Investigations Law, N.J.S.A. 2A:67A-1 et seq., shall apply.
(4)
The testimony of all witnesses relating to any application
for development shall be taken under oath or affirmation by the presiding
officer, and the right of cross-examination shall be permitted to
all interested parties through their attorneys, if represented, or
directly, if not represented, subject to the discretion of the presiding
officer and to reasonable limitations as to time and number of witnesses.
(5)
Technical rules of evidence shall not be applicable
to the hearing, but the Board may exclude irrelevant, immaterial or
unduly repetitious evidence.
(6)
The Board shall provide for the verbatim recording
of the proceedings by either a stenographer or mechanical or electronic
means. The Board shall furnish a transcript or duplicate recording
in lieu thereof, upon request, to any interested party at his expense,
provided that the Township Committee may provide by ordinance for
the township to assume the expense of any transcripts necessary for
appeal to the Township Committee of decisions by the Zoning Board
of Adjustment approving use variances, up to a maximum amount as specified
by the ordinance.
(7)
Each decision on an application for development shall
be in writing and shall include the findings of fact and conclusions
based thereon.
(a)
Failure of a motion to approve an application
for development to receive the number of votes required for approval
shall be deemed an action denying the application.
(b)
The Board may provide such written decision
and findings and conclusions either on the date of the meeting on
which the Board takes action to grant or deny approval or, if the
meeting at which such action is taken occurs within the final 45 days
of the applicable time for rendering a decision on the application
for development, within 45 days of such meeting by the adoption of
a resolution of memorialization setting forth the decision and the
findings and conclusions of the Board thereon. Any action resulting
from the failure of a motion to approve an application shall be memorialized
by resolution as provided above, notwithstanding that the time at
which such action occurs is within the applicable time period for
rendering a decision on the application.
(c)
The adoption of a resolution of memorialization
pursuant to this subsection shall not be construed to alter the applicable
time period for rendering a decision on the application for development.
Such resolution shall be adopted by a vote of a majority of members
of the Board who voted for the action previously taken, and no other
members shall vote thereon. The vote on such resolution shall be deemed
to be a memorialization of an action of the Board and not to be an
action of the Board. However, failure to adopt such a resolution within
the forty-five-day period shall result in approval of the application
for development, notwithstanding any prior action taken thereon.
(d)
Whenever a resolution of memorialization is
adopted in accordance with this subsection, the date of such adoption
shall constitute the date of decision for purposes of mailings, filings
and publications required by this section.
(8)
A copy of the decision shall be mailed by the Board,
within 10 days of the date of the decision, to the applicant or, if
represented, then to his attorney, without separate charge, and to
all who request a copy of the decision, for a reasonable fee. A copy
of the decision shall also be filed in the Zoning Office. The Board
Secretary shall make a copy of such filed decision available to any
interested party for a reasonable fee and available for public inspection
during reasonable hours.
(9)
A brief notice of the decision shall be published
in the official newspaper of Hamilton Township. Such publication shall
be arranged by the Board for a reasonable fee for such service and
the printing costs also to be paid by the applicant. Nothing contained
in this chapter shall be construed as preventing the applicant from
arranging such publication if he so desires. The period of time in
which an appeal of the decision may be made shall run from the first
publication of the decision, whether arranged by the municipality
or by the applicant.
(10)
At the request of the developer, the Planning
Board shall grant an informal review at a meeting of a concept plan
for a development for which the developer intends to prepare and submit
an application for development. The developer shall not be required
to submit any fees for such an informal review. A developer shall
be bound by any concept plan for which review is requested, and the
Planning Board shall not be bound by any such review. Such informal
review shall not include any review work by the Board's professionals
unless a satisfactory escrow is deposited for review costs.
E.
Notice of applications. Notice pursuant to Subsection E(1) through (7) of this section shall be given by the applicant and shall be given at least 10 days prior to the date of the hearing.
(2)
Notice.
(a)
Public notice shall be given in the event that
variance relief is requested as a part of an application for development
otherwise excepted herein from public notice. Public notice shall
be given by publication in the official newspaper of Hamilton Township.
(b)
Notice of a hearing requiring public notice pursuant to Subsection A of this section shall be given to the owners of all real property, as shown on the current tax duplicate, located within 200 feet in all directions of the property which is the subject of such hearing. This requirement shall be deemed satisfied by notice to the condominium association in the case of any unit owners whose unit has a unit above or below it or the horizontal property regime in the case of any co-owner who has an apartment above or below it. Notice shall be given by:
(c)
Notice to a partnership owner may be made by
service upon any partner. Notice to a corporate owner may be made
by service upon its president, vice president, secretary or other
person authorized by appointment or by law to accept service on behalf
of the corporation. Notice to a condominium association, horizontal
property regime, community trust or homeowners' association, because
of its ownership of common elements or areas located within 200 feet
of the property which is the subject of the hearing, may be made in
the same manner as to a corporation without further notice to unit
owners, co-owners or homeowners on account of such common elements
or areas.
(3)
Upon the written request of an applicant, the Tax Assessor shall, within seven days, make and certify a list from said current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection B of this section. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. A sum not to exceed $0.25 per name or $10, whichever is greater, may be charged for such list.
(4)
Notice of hearings on applications for development
involving properties located within 200 feet of an adjoining municipality
shall be given by personal service or certified mail to the Clerk
of such municipality.
(5)
Notice shall be given by personal service or certified
mail to the Atlantic County Planning Advisory Board of a hearing on
an application for development of property adjacent to an existing
county road or proposed road shown on the Official County Map or the
County Master Plan, adjoining other county land or situated within
200 feet of a municipal boundary.
(6)
Notice shall be given by personal service or certified
mail to the Commissioner of Transportation of a hearing on an application
for development of property adjacent to a state highway.
(7)
Notice shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning, New Jersey Department of Community Affairs, of a hearing on an application for development of property which exceeds 150 acres or 500 units. Such notice shall include a copy of any maps or documents required to be on file with the Board pursuant to § 203-4 of this article.
(8)
The applicant shall file an affidavit of proof of
service with the board holding the hearing on the application for
development in the event that the applicant is required to give notice
pursuant to this section.
F.
Notice concerning Master Plan. The Planning Board
shall give the following notice:
(1)
Public notice on a hearing of adoption, revision or
amendment of the Master Plan. Such notice shall be given by publication
in the official newspaper of Hamilton Township at least 10 days prior
to the date of the hearing.
(2)
Notice by personal service or certified mail to the
Clerk of an adjoining municipality shall be given at least 10 days
prior to the date of any hearing on adoption, revision or amendment
of a Master Plan involving property situated within 200 feet of such
adjoining municipality.
(3)
Notice by personal service or certified mail to the
Atlantic County Planning Advisory Board shall be given at least 10
days prior to the date of all hearings on the adoption, revision or
amendment of the Municipal Master Plan. Such notice shall include
a copy of any such proposed Master Plan or any revision or amendment
thereto. Not more than 30 days after the date of such adoption, revision
or amendment of a Master Plan, notice of such adoption, revision or
amendment shall be given to the Atlantic County Planning Advisory
Board, which shall include a copy of the Master Plan or revision or
amendment thereto.
G.
Effect of mailing notice. Any notice made by certified
mail pursuant to this chapter shall be deemed complete upon mailing.
H.
Ordinance, capital improvement and Official Map notices.
(1)
Notice by personal service or certified mail shall
be made to a Clerk of an adjoining municipality of all hearings on
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)
Notification of county.
(a)
Notice by personal service or certified mail
shall be made to the Atlantic County Planning Advisory Board of:
[1]
All hearings on adoption, revision or amendment
of any development regulation at least 10 days prior to the date of
the hearings.
[2]
The adoption, revision or amendment of the Municipal
Capital Improvement Program or Municipal Official Map not more than
30 days after the date of such adoption, revision or amendment.
(b)
Any notice provided hereunder shall include
a copy of the proposed development regulation, the Municipal Official
Map or the Municipal Capital Program 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.
I.
Filing of ordinances. The zoning, subdivision or site
plan review provisions of this chapter or any revision or amendment
thereto shall not take effect until a copy thereof shall be filed
with the Atlantic County Planning Advisory Board. The Official Map
of Hamilton Township shall not take effect until filed with the Atlantic
County Clerk.
K.
Enforcement.
(1)
The Township Committee shall enforce the provisions
of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and the
provisions of this chapter. To that end, the Township Committee shall
require the issuance of specified permits, certificates or authorizations
as a condition precedent to:
(2)
In case any land, building or structure is developed,
erected, constructed, altered, repaired, converted or maintained or
any building, structure or land is used in violation of this chapter
or any other ordinance of Hamilton Township, the Township Committee
and its agents or interested party, in addition to other remedies,
may institute any appropriate action or proceeding to prevent such
unlawful erection, construction, reconstruction, alteration, repair,
conversion, maintenance or use; to restrain, correct or abate such
violation; to prevent the occupancy of such building, structure or
land; or to prevent any illegal act, conduct, business or use on or
about such premises.
L.
Appeal to the Board of Public Utility Commissioners.
If a public utility, as defined in N.J.S.A. 48:2-13, is aggrieved
by the action of a Board or municipal agency through its exercise
of its powers under this chapter with respect to any action in which
the public utility has an interest, an appeal to the Board of Public
Utility Commissioners of the State of New Jersey may be taken within
35 days after such action without appeal to the Township Committee,
unless such public utility so chooses. In such case, appeal to the
Public Utility Commissioners may be taken within 35 days after action
by the Township Committee. A hearing on the appeal of a public utility
to the Public Utility Commissioners shall be had on notice to the
agency from which appeal is taken to all parties primarily concerned,
all of whom shall be afforded an opportunity to be heard. If, after
such hearing, the Board of Public Utility Commissioners shall find
that the present or proposed use by the public utility of the land
described in the petition is necessary for the service, convenience
or welfare of the public, the public utility may proceed in accordance
with such decision of the Board of Public Utility Commissioners, this
chapter or any regulation made hereunder to the contrary notwithstanding.
This chapter or any regulation made hereunder shall not apply to a
development proposed by a public utility for installation in more
than one municipality for the furnishing of service if, upon a petition
of the public utility, the Board of Public Utility Commissioners shall,
after hearing of which any municipalities affected shall have notice,
decide the proposed installation of the development in question is
reasonably necessary for the service, convenience or welfare of the
public. Nothing in this chapter shall be construed to restrict the
right of any interested party to obtain a review of the action of
the Municipal Board or agency or of the Board of Public Utility Commissioners
by any court of competent jurisdiction according to law.
M.
Exclusive authority of Planning Board and Zoning Board
of Adjustment. Any power expressly authorized by this chapter to be
exercised by the Planning Board and Zoning Board of Adjustment shall
not be exercised by any other body, except as otherwise provided in
this chapter.
N.
Tolling of running of period of approval. In the event
that, during the period of approval heretofore or hereafter granted
to an application for development, the developer is barred or prevented,
directly or indirectly, from proceeding with the development otherwise
permitted under such approval by a legal action instituted by any
state agency, political subdivision or other party to protect the
public health and welfare or by a directive or order issued by any
state agency, political subdivision or court of competent jurisdiction
to protect the public health or welfare and the developer is otherwise
ready, willing and able to proceed with said development, the running
of the period of approval under this chapter shall be suspended for
the period of time said legal action is pending or such directive
or order is in effect.
O.
Conditional approvals.
(1)
In the event that a developer submits an application
for development proposing a development that is barred or prevented,
directly or indirectly, by legal action instituted by any state agency,
political subdivision or other party to protect the public health
and welfare or by a directive or order issued by any state agency,
political subdivision or court of competent jurisdiction to protect
the public health and welfare, the Board shall process such application
for development in accordance with this chapter, and, if such application
for development complies with this chapter, the Board shall approve
such application conditioned upon removal of such legal barrier to
development.
(2)
In the event that development proposed by an application
for development requires an approval by a governmental agency other
than the local Board, the Board shall, in appropriate circumstances,
condition its approval upon the subsequent approval of such governmental
agency. However, the Board shall make a decision on any application
for development within the time period provided in this chapter or
within an extension of such period as has been agreed to by the applicant
unless the Board is prevented or relieved from so acting by the operation
of law.
P.
Payment of taxes. Every application for development
submitted to the Planning Board or the Zoning Board of Adjustment
shall be accompanied by proof that no taxes or assessments for local
improvements are due or delinquent on the property which is the subject
of such application. Taxes shall be kept current while any application
is pending or under review. The Board may, however, agree to condition
any approval or any relief either upon the prompt payment of such
taxes or assessments or the making of adequate provision thereof in
such manner that the township will be adequately protected.
[Added 8-17-1992 by Ord. No. 1127-92]
A protest against any proposed amendment or
revision of this chapter may be filed with the Township Clerk, signed
by the owners of 20% or more of the area either of the lots or land
included in such proposed change or of the lots or land extending
200 feet in all directions therefrom, inclusive of street space, whether
within or without the township. Such amendment or revision shall not
become effective following the filing of such protest except by the
favorable vote of 2/3 of all members of the Township Committee.
A.
Preparation, contents and modification. The Planning
Board may prepare and, after 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. The Master Plan shall generally compromise a
report or statement and land use and development proposals with maps,
diagrams and text.
B.
Specific components. The Master Plan may include any
or all of the following elements as appropriate:
(1)
A statement of objectives, principles, assumptions,
policies and standards upon which the constituent proposals or the
physical, economic and social development of the township are based.
(2)
A land use plan element:
(a)
Taking into account the other Master Plan elements
and natural conditions, including but not necessarily limited to topography,
soil conditions, water supply, drainage, floodplain areas, marshes
and woodlands.
(b)
Showing the existing and proposed location,
extent and intensity of development of land to be used in the future
for varying types of residential, commercial, industrial, agricultural,
recreational, educational and other public and private purposes or
accommodation of purposes.
(c)
Including a statement of the standards of population
density and development intensity recommended for the township.
(3)
A housing plan element, including but not limited
to residential standards and proposals for the construction and improvement
of housing.
(4)
A circulation plan element showing the location and
types of facilities for all modes of transportation required for the
efficient movement of people and goods into, about and through the
municipality.
(5)
A utility service plan element analyzing the need
for and showing the future general location of water supplies and
distribution facilities, drainage and flood-control facilities, sewerage
and waste treatment, solid waste disposal and provision for other
related utilities.
(6)
A community facilities plan element showing the location
and type of educational or cultural facilities, historic sites, libraries,
hospitals, firehouses, police stations and other related facilities,
including their relation to the surrounding areas.
(7)
A recreation plan element showing a comprehensive
system of areas and public sites for recreation.
(8)
A conservation plan element providing for the preservation,
conservation and utilization of natural resources, including, to the
extent appropriate, energy, open space, water supply, forests, soil,
marshes, wetlands, harbors, rivers and other waters, fisheries, endangered
or threatened species, wildlife and other resources, and which systemically
analyzes the impact of each other component and element of the Master
Plan on the present and future preservation, conservation and utilization
of those resources.
[Amended 7-7-1997 by Ord. No. 1261-97]
(9)
An economic plan element considering all aspects of
economic development and sustained economic vitality, including a
comparison of the types of employment expected to be provided by the
economic development to be promoted with the characteristics of the
labor pool resident in the municipality and nearby areas; and an analysis
of the stability and diversity of the economic development to be promoted.
[Amended 7-7-1997 by Ord. No. 1261-97]
(10)
An historic preservation plan element: indicating
the location and significance of historic sites and historic districts;
identifying the standards used to assess worthiness for historic site
or district identification; and analyzing the impact of each component
and element of the Master Plan on the preservation of historic sites
and districts.
[Amended 7-7-1997 by Ord. No. 1261-97]
(11)
Appendixes or separate reports containing the
technical information for the Master Plan and its constituent elements.
[Amended 7-7-1997 by Ord. No. 1261-97]
(12)
A recycling plan element which incorporates
the State Recycling Plan goals, including provisions for the collection,
disposition and recycling of recyclable materials within any development
proposal for the construction of 50 or more units of single-family
residential housing or 25 or more units of multifamily residential
housing and any commercial or industrial development proposal for
the utilization of 1,000 square feet or more of land.
[Amended 7-7-1997 by Ord. No. 1261-97]
(13)
A farmland preservation plan element, which shall include: an
inventory of farm properties and a map illustrating significant areas
of agricultural land; a statement showing that municipal ordinances
support and promote agriculture as a business; and a plan for preserving
as much farmland as possible in the short term by leveraging moneys
made available by P.L. 199, c. 152 (N.J.S.A. 13:8C-1 et seq.) through
a variety of mechanisms, including, but not limited to, utilizing
option agreements, installment purchases, and encouraging donations
of permanent development easements.
[Added 10-1-2012 by Ord. No. 1728-2012]
(14)
A development transfer plan element which sets forth the public
purposes, the locations of sending and receiving zones and the technical
details of a development transfer program based on the provisions
of Section 5 of P.L. 2004, c.2 (N.J.S.A. 40:55D-141).
[Added 10-1-2012 by Ord. No. 1728-2012]
(15)
An educational facilities plan element which incorporates the
purposes and goals of the "long-range facilities plan" required to
be submitted to the Commissioner of Education by a school district
pursuant to Section 4 of P.L. 2000, c.72 (N.J.S.A. 18A:7G-4).
[Added 10-1-2012 by Ord. No. 1728-2012]
(16)
A green buildings and environmental sustainability plan element,
which shall provide for, encourage, and promote the efficient use
of natural resources and the installation and usage of renewable energy
systems; consider the impact of buildings on the local, regional and
global environment; allow ecosystems to function naturally; conserve
and reuse water; treat stormwater on site; and optimize climactic
conditions through site orientation and design.
[Added 10-1-2012 by Ord. No. 1728-2012]
C.
The Master Plan and its plan elements may be divided
into subplans and subplan elements projected according to periods
of time or staging sequences.
D.
Relations to other plans. The Master Plan shall include
a specific policy statement indicating the relationship of the proposed
development of the township as developed in the Master Plan to:
A.
Applicability of procedures.
(1)
No person shall carry out any development within the
Pinelands Area without obtaining approval from an approval agency
and without obtaining development approval in accordance with the
procedures set forth in this section.
(2)
Except as provided in Subsection A(3) below, the following shall not be subject to the procedures set forth in this chapter:
[Amended 7-7-1997 by Ord. No. 1261-97; 8-4-1997 by Ord. No. 1280-97 ; 10-1-2012 by Ord. No. 1728-2012;7-16-2018 by Ord. No. 1879-2018]
(a)
The improvement, expansion or reconstruction
within five years of destruction or demolition of any single-family
dwelling unit or appurtenance thereto.
(b)
The improvement, expansion, construction or
reconstruction of any structure accessory to a single-family dwelling.
(c)
The improvement, expansion, construction or
reconstruction of any structure used exclusively for agricultural
or horticultural purposes.
(d)
The construction, repair or removal of any sign,
except for the construction or replacement of any off-site commercial
advertising sign.
(e)
The repair of existing utility distribution
lines.
(f)
The clearing of less than 1,500 square feet
of land.
(g)
The construction of any addition or accessory
structure for any nonresidential use or any multifamily residential
structure provided that:
[1]
If the addition or structure will be located on or below an
existing impervious surface, either the existing use is served by
public sewers or the addition or structure will generate no wastewater
flows, and said addition or structure will cover an area of no more
than 4,999 square feet; and
[2]
If the addition or structure will not be located on or below
an impervious surface, said addition or structure will generate no
wastewater flows and will cover an area of no more than 1,000 square
feet.
(h)
The demolition of any structure that is less
than 50 years old.
(i)
The installation of utility distribution lines,
except for sewage lines, to serve areas which are effectively developed
or development which has received all necessary approvals and permits.
(j)
The repair or replacement of any existing on-site
wastewater disposal system.
(k)
The repaving of existing paved roads and other
paved surfaces, provided no increase in the paved width or area of
said roads and surfaces will occur.
(l)
The clearing of land solely for agricultural
or horticultural purposes.
(m)
Fences, provided that no more than 1,500 square
feet of land is to be cleared.
(n)
Aboveground telephone equipment cabinets.
(o)
Tree pruning.
(p)
The following forestry activities:
[1]
Normal and customary forestry practices on residentially
improved parcels of land that are five acres or less in size;
[2]
Tree harvesting, provided that no more than
one cord of wood per five acres of land is harvested in any one year
and that no more than five cords of wood are harvested from the entire
parcel in any one year;
[3]
Tree planting, provided that the area to be
planted does not exceed five acres in any one year, no soil disturbance
occurs other than that caused by the planting activity and no trees
other than those authorized by N.J.A.C. 7:50-6.25 are to be planted;
and
[4]
Forest stand improvement designed to selectively
thin trees (with a maximum caliper of 6 inches) and brush, provided
that no clearing or soil disturbance occurs and that the total land
area on the parcel in which the activity occurs does not exceed five
acres in any one year.
(q)
Prescribed burning and the clearing and maintaining
of fire breaks.
(r)
Normal and customary landscape plantings, unless a landscaping plan is required pursuant to § 203-185A(3), 203-116A(1)(t) or 203-167.
(s)
Agricultural resource extraction, provided that:
[1]
All of the removed soil remains in agricultural or horticultural
use within the Pinelands Area;
[2]
No more than 2,000 cubic yards of soil per calendar year are
removed from any parcel; or
[3]
No more than 20,000 cubic yards of soil per calendar year are
removed from any parcel and a farmland conservation plan, designed
in accordance with the United States Department of Agriculture, Natural
Resources Conservation Service, New Jersey Field Office Technical
Guide, Section 4, dated May 2001, incorporated herein by reference,
as amended and supplemented, is approved by the Soil Conservation
District and submitted to the Pinelands Commission by the owner of
the parcel, demonstrating that the proposed resource extraction is
for one of the following agricultural purposes:
[a]
Agricultural irrigation ponds;
[b]
Blueberry/cranberry agriculture site preparation
and horticulture of other wetland species, provided the activity is
located on wetland soils or soil types that are somewhat poorly drained
or moderately well drained with a seasonal high-water table within
24 inches of the natural surface of the ground, as defined in the
Atlantic County Soil Survey, published by the USDA, Natural Resources
Conservation Service, as amended or supplemented; or
[c]
The off-site removal of overlying soils to access
underlying sand for cranberry management practices, provided the quantity
of overlying soil removed off site does not exceed the quantity of
underlying sand to be used for the management practices listed in
N.J.A.C. 7:50-6.55(a)4 and the quantity of overlying soil removed
off site does not exceed that reasonably necessary to provide access
to underlying sand to be utilized within a three-year period.
(t)
The installation of a solar energy facility accessory to a nonresidential
use or a multifamily residential structure where the solar energy
facility is located on any existing structure or impervious surface.
(u)
The installation of a local communications facilities antenna
on an existing communications or other suitable structure, provided
such antenna is not inconsistent with any comprehensive plan for local
communications facilities approved by the Pinelands Commission pursuant
to N.J.A.C. 7:50-5.4(c)6.
(v)
The establishment of a home occupation within an existing dwelling
unit or structure accessory thereto, provided that no additional development
is proposed.
(w)
The change of one nonresidential use to another nonresidential
use, provided that the existing and proposed uses are or will be served
by public sewers and no additional development is proposed.
(3)
The exceptions contained in Subsection A(2) above shall not apply to any historic resources designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154.
(4)
Nothing herein shall preclude any local or state agency
from reviewing, in accordance with the provisions of any applicable
ordinance or regulation, any proposed development which does not require
an application to the Pinelands Commission pursuant to this section.
B.
Special submission requirements for minor development.
Any application for approval of minor development shall include at
least the following information:
(1)
The applicant's name and address and his interest
in the subject property.
(2)
The owner's name and address, if different from the
applicant's, and the owner's signed consent to the filing of the application.
(3)
The legal description, including block and lot designation
and street address, if any, of the subject property.
(4)
A description of all existing uses of the subject
property.
(5)
A brief written statement generally describing the
proposed development.
(6)
A United States Geological Survey quadrangle map or
copy thereof and a copy of the Municipal Tax Map sheet on which the
boundaries of the subject property and the Pinelands management area
designation and the zoning designation are shown.
(7)
A plat or plan showing the location of all boundaries
of the subject property, the location of all proposed development
and existing or proposed facilities to provide water for the use and
consumption of occupants of all buildings and sanitary facilities
which will serve the proposed development. The following information
shall be included with respect to existing or proposed sanitary facilities:
(a)
On-site treatment facilities: the location,
size, type and capacity of any proposed on-site wastewater treatment
facilities.
(b)
Soil borings and percolation tests. If on-site sewage disposal is proposed, results of soil borings and percolation tests in accordance with N.J.S.A. 58:11-23 et seq. and the regulations adopted pursuant thereto shall be submitted at a suitable location with a tract map showing location, logs and elevations of all test holes, indicating where groundwater was encountered, estimating the seasonal high-water table and demonstrating that such facility is adequate to meet the water quality standards contained in § 203-186.
(8)
A location map, including the area extending at least
300 feet beyond each boundary of the subject property, showing ownership
boundary lines, the boundary of the proposed development, owners of
holdings adjoining and adjacent to the subject property, existing
facilities, buildings and structures on the site, all proposed development,
wetlands, streams (including intermittent streams), rivers, lakes
and other water bodies and existing roads.
(9)
A soils map, including a county soils survey, which
conforms to the guidelines of the United States Department of Agriculture
Soil Conservation Service, showing the location of all proposed development.
(10)
A map showing existing vegetation, identifying
predominant vegetation types in the area and showing proposed landscaping
of the subject property, including the location of the tree line before
and after development and all areas to be disturbed as a result of
the proposed development.
(11)
A certificate of filing from the Pinelands Commission
issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991,
evidence of prior approval from the Pinelands Development Review Board
or the Pinelands Commission pursuant to the Interim Rules and Regulations.
C.
Special submission requirements for other development.
(1)
All applications for major developments, other than
forestry operations, shall be accompanied by the information required
in N.J.A.C. 7:50-4.2(b)5, as well as the following:
(a)
A certificate of filing from the Pinelands Commission
issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991,
evidence of prior approval from the Pinelands Development Review Board
or the Pinelands Commission pursuant to the Interim Rules and Regulations.
D.
Notices to the Pinelands Commission.
[Amended 7-16-2018 by Ord. No. 1879-2018]
(1)
Application submission and modifications. Written notification shall
be given by the Township, by email or regular mail, to the Pinelands
Commission within seven days after a determination is made by the
Township that an application for development in the Pinelands Area
is complete or, if a determination is made by the approval agency,
that the application has been modified. Said notice shall contain:
(a)
The name and address of the applicant.
(b)
The legal description and street address, if any, of the parcel
that the applicant proposes to develop.
(c)
A brief description of the proposed development, including uses
and intensity of uses proposed.
(d)
The application number of the certificate of filing issued by
the Pinelands Commission and the date on which it was issued.
(e)
The date on which the application, or any change thereto, was
filed and any application number or other identifying number assigned
to the application by the approval agency.
(f)
The approval agency with which the application or change thereto
was filed.
(g)
The content of any change made to the application since it was
filed with the Commission, including a copy of any revised plans or
reports.
(h)
The nature of the municipal approval or approvals being sought.
(2)
Hearings. Where a meeting, hearing or other formal proceeding on
an application for development approval in the Pinelands Area is required,
the applicant shall provide notice to the Pinelands Commission by
email, regular mail or delivery of the same to the principal office
of the Commission at least five days prior to such meeting, hearing
or other formal proceeding. Such notice shall contain at least the
following information:
(a)
The name and address of the applicant.
(b)
The application number of the certificate of filing issued by
the Pinelands Commission and the date on which it was issued.
(c)
The date, time and location of the meeting, hearing or other
formal proceeding.
(d)
The name of the approval agency or representative thereof that
will be conducting the meeting, hearing or other formal proceeding.
(e)
Any written reports or comments received by the approval agency
on the application for development that have not been previously submitted
to the Commission.
(f)
The purpose for which the meeting, hearing or other formal proceeding
is to be held.
(3)
Notice of approval or denial. The Pinelands Commission shall be notified
of all approvals and denials of development in the Pinelands Area,
whether the approval occurs by action or inaction of any approval
agency or an appeal of any agency's decision. The applicant shall,
within five days of the approval or denial, give notice by email or
regular mail to the Pinelands Commission. Such notice shall contain
the following information:
(a)
The name and address of the applicant.
(b)
The legal description and street address, if any, of the parcel
that the applicant proposes to develop.
(c)
The application number of the certificate of filing issued by
the Pinelands Commission and the date on which it was issued.
(d)
The date on which the approval or denial was issued by the approval
agency.
(e)
Any written reports or comments received by the approval agency
on the application for development that have not been previously submitted
to the Commission.
(f)
Any revisions to the application not previously submitted to
the Commission.
(g)
A copy of the resolution, permit or other documentation of the
approval or denial. If the application was approved, a copy of any
preliminary or final plan, plot or similar document that was approved
shall also be submitted.
E.
Review by Pinelands Commission.
(1)
Upon receipt by the Pinelands Commission of the notice of approval pursuant to Subsection D(3) above, the application for development approval shall be reviewed in accordance with the provisions in N.J.A.C. 7:50-4.37 through N.J.A.C. 7:50-4.43. The approval of the township shall not be effective and no development shall be carried out prior to a determination of whether the development approval will be reviewed by the Commission. If the applicant is notified that the Commission will review the application for development, no development shall be carried out until such review has been completed.
(2)
Pursuant to N.J.A.C. 7:50-4.1(b) and until January
14, 1991, approvals issued by the Pinelands Development Review Board
or the Pinelands Commission under the Interim Rules and Regulations
shall serve as the basis for Pinelands Commission review of local
approval under this section. Although the Pinelands Commission shall
be notified of all denials, no such denial actions are subject to
further review and action by the Pinelands Commission.
F.
Where a prior approval has been granted by the township,
no subsequent approval of an application for development approval
shall be obtained until one of the following is satisfied:
(1)
Notification is received from the Pinelands Commission
that review of the township's approval is not required; or
(2)
Review of the township's approval has been completed
pursuant to N.J.A.C. 7:50-4.37 through N.J.A.C. 7:50-4.42 and a final
order regarding the approval is satisfied by the township from the
Pinelands Commission.
G.
Effect of Pinelands Commission's decision of township's
approval. If the Pinelands Commission disapproves an application for
development previously approved by an approval agency, such approval
shall be revoked by the approval agency within 30 days of the Commission's
action, and the agency shall thereafter deny approval of the application.
If the Commission approves the decision of an approval agency subject
to conditions, the approval agency which had previously approved the
application shall, within 30 days, modify its approval to include
all conditions imposed by the Commission and, if final approval of
the application is required, shall grant final approval only if the
application for approval demonstrates that the conditions specified
by the Commission have been met by the applicant.
H.
Participation of Pinelands Commission in public hearings.
The Pinelands Commission may participate in a hearing held in the
township involving the development of land in the Pinelands Area pursuant
to N.J.A.C. 7:50-4.36.
I.
Public development. All development proposed by the township or any agency thereof will comply with all the requirements for public development set forth in N.J.A.C. 7:50-4.51 et seq. and all the standards set forth in Article I of this chapter.
J.
Amendments. In amending this chapter, the township's
Master Plan or any other ordinance regulating the use of land, the
township shall comply with all the requirements of N.J.A.C. 7:50-3.45.
[Added 11-20-1989 by Ord. No. 1014-89; amended 7-7-1997 by Ord. No. 1261-97; 4-6-2015 by Ord. No. 1785-2015]
A.
Establishment. There is hereby established within the Township of
Hamilton an "Historic Preservation Commission," whose members shall
serve without compensation.
B.
Responsibilities. The Historic Preservation Commission shall have
the following duties and responsibilities:
(1)
To identify, record and maintain a survey of all buildings, structures,
sites, objects, improvements and districts of historical significance
within the Township.
(2)
To recommend to the Township Committee the designation of buildings,
structures, sites, objects or improvements as historic landmarks,
and to recommend the designation of historic districts.
(3)
To monitor and recommend to the Township Committee any buildings,
structures, sites, objects, improvements or districts for inclusion
in the New Jersey or National Register of Historic Places.
(4)
To make recommendations to the Planning Board on the historic preservation
plan element of the Master Plan and on the implications for preservation
of historic landmarks and historic districts of any other Master Plan
elements. The Commission may provide information to the Planning Board
indicating the location and significance of historic landmarks and
historic districts, and identify the standards used to assess worthiness
for historic landmark or historic district designation.
(5)
To advise the Planning Board and Zoning Board of Adjustment on applications
for development pursuant to N.J.S.A. 40:55D-110.
(6)
To provide written reports pursuant to N.J.S.A. 40:55D-111 on the
application of the Zoning Ordinance provisions concerning historic
preservation to proposed construction.
(7)
To review and render determinations regarding applications for certificates of appropriateness when so authorized by the Planning Board as set forth in § 203-211A(3).
(8)
To advise the Planning Board on the inclusion of historic landmarks
and historic districts in the recommended capital improvement program.
(9)
To monitor and recommend to the Township Committee the submission
of any grants related to historic preservation.
(10)
To carry out such other advisory, educational and informational
functions as will promote historic preservation in the Township.
C.
Membership.
(1)
Appointment. The Commission shall consist of seven regular members
and no more than two alternate members, who shall be appointed by
the Township Committee. Of the regular members a total of at least
one less than a majority shall be of Classes A and B. At the time
of appointment, members shall be designated by the following classes:
(a)
Class A: a person who is knowledgeable in building design and
construction or architectural history and who may reside outside the
municipality; and
(b)
Class B: a person who is knowledgeable in, or who has demonstrated
an interest in, local history and who may reside outside the municipality;
and
(c)
Class C: citizens of the municipality who shall hold no other
municipal office, position or employment except for membership on
the Planning Board or Zoning Board of Adjustment. Class C members
should have at a minimum a demonstrated interest in history, historic
preservation or a related field. Alternate members shall meet the
qualifications of Class C members. At the time of appointment, alternate
members shall be designated as "Alternate No. 1" and "Alternate No.
2."
(2)
Terms. The terms of the members first appointed under this ordinance
shall be so determined that to the greatest practicable extent the
expiration of the terms shall be distributed, in the case of regular
members, evenly over the first four years after their appointment,
and in the case of alternate members, evenly over the first two years
after their appointment, provided that the initial term of a regular
member shall not exceed four years and that the initial term of an
alternate member shall not exceed two years. Thereafter, the term
of a regular member shall be four years; the term of an alternate
member shall be two years. Notwithstanding any other provision herein,
the term of any member common to the Historic Preservation Commission
and the Planning Board shall be for the term of membership on the
Planning Board; and the term of any member common to the Historic
Preservation Commission and the Zoning Board of Adjustment shall be
for the term of membership on the Zoning Board of Adjustment. The
full membership of the Historic Preservation Commission shall be appointed
within 60 days from the effective date of this section. A vacancy
occurring for reasons other than the expiration of a term shall be
filled for the remainder of the unexpired term within 60 days of occurrence.
(3)
Role of alternates. The alternate members may participate in all
Commission discussions during proceedings but may not vote except
in the absence or disqualification of a regular member. A vote shall
not be delayed in order that a regular member may vote instead of
an alternate member. In the event that a choice must be made as to
which alternate member is to vote, Alternate No. 1 shall vote.
(4)
Officers. Annually, the Commission shall elect a Chairman and Vice
Chairman from its members and select a recording secretary who may
or may not be a member of the Commission or a municipal employee.
D.
Budget. The governing body shall make provision in its budget and
appropriate funds for the expenses of the Historic Preservation Commission.
The Commission may employ, contract for and fix the compensation of
experts and other staff as it shall deem necessary. The Commission
shall obtain its legal counsel from the municipal attorney at the
rate of compensation determined by the governing body, unless the
governing body by appropriation provides for separate legal counsel
for the Commission. Expenditures pursuant to this subsection shall
not exceed, exclusive of gifts or grants, the amount appropriated
by Township Committee for the Commission's use.
E.
Finances. The Township Committee shall establish by ordinance reasonable
fees necessary to cover the expenses of administration and professional
services to aid the Commission in its review of applications and development
reviews. These fees are in addition to any other required under any
portion of this or any other applicable Township ordinance.
F.
Rules of Commission.
(1)
The Commission shall adopt written rules for the transaction of its
business and for the consideration of applications for certificates
of appropriateness and for the designation of historic landmarks and
historic districts. Such rules shall not be inconsistent with the
provisions of this section and shall include, but not be limited to,
rules pertaining to all notices and hearings required herein.
(2)
In order to make available to the public information useful to the
preservation and protection of historic landmarks and historic districts
and to provide the basis for consistency of policy, the Commission
Secretary shall maintain complete files and records. The commission's
files shall include, but are not limited to, data used in the classification
of building, structures, sites, objects, improvements and districts,
minutes of Commission meetings, applications for certificates of appropriateness
along with collateral data, decisions and appeals associated therewith
and information, materials and references submitted to the public
related to historic preservation. A record of Commission proceedings
shall be kept and made available upon request and pursuant to Open
Public Records Act, but a formal verbatim record shall not be required.
(3)
The Commission Secretary shall keep minutes and records of all meetings
and proceedings including voting records, attendance, resolutions,
reports, findings, determinations, decisions and applications, which
shall be public documents. All meetings shall be noticed and conducted
in accordance with the Open Public Meetings Act, N.J.S.A. 10:4-6 et
seq. Copies of all minutes shall be maintained in the Municipal Building
and shall be delivered to the Township Clerk.
(4)
Copies of records shall be made available to municipal bodies, agencies,
and officials for their use. When the Planning Board or the Zoning
Board of Adjustment refers an application to the Historic Preservation
Commission, then the referring Board shall receive a copy of the Commission's
Report.
(5)
The Zoning Office shall maintain and display an up-to-date map showing
the boundaries of all areas designated as historic districts, as well
as the locations of all historic landmarks.
(6)
No member of the Commission shall be permitted to act on any matter
in which he or she has, either directly or indirectly, any personal
or financial interest. Unless a member resides or owns property within
200 feet of property which is the subject of an application, mere
ownership or residence in a designated historic district and/or ownership
of a designated historic landmark or a nondesignated property shall
not be deemed a personal or financial interest.
(7)
Unless authorized to issue certificates of appropriateness pursuant to § 203-211A(3), any decision of the Historic Commission will be reviewed by the Planning Board and either adopted or modified.
G.
Removal. A member of the Commission may, after a public hearing if
he requests it, be removed by the governing body for cause.
H.
Meetings; quorum.
(1)
The Historic Preservation Commission shall establish and post in
the Municipal Building a regular schedule of meetings, which shall
include a minimum of one meeting per month. Regular meetings shall
be held as scheduled unless canceled for lack of a quorum, lack of
applications to process of for other good reason(s), which shall be
noted in the minutes. Additional special meetings may be called by
the Chairman or Vice Chairman, or on the request of any two of its
members, when the regular meetings are inadequate to meet the needs
of its business, to handle emergencies or to meet time constraints
imposed by law.
(2)
The Historic Preservation Commission shall hold hearings to review
all applications for certificates of appropriateness, referrals of
development applications and other business which comes before the
Commission.
(3)
The presence of four members, which may include alternate members
filling the vacancies of regular members, shall constitute a quorum.
A majority vote of those present and voting shall prevail, and shall
be sufficient to grant or deny a certificate of appropriateness. Not
less than a majority of the appointed membership shall be required
to recommend the designation or change of an historic landmark or
historic district designation or to render a decision on applications
for demolition.
I.
Designation of historic landmarks and historic districts.
(1)
Survey. The Commission shall maintain a comprehensive survey of the
Township of Hamilton to identify historic landmarks and historic districts
that are worthy of protection and preservation.
(2)
Criteria for designation. The criteria for evaluating and designating
historic landmarks and historic districts shall be guided by the National
Register criteria. The Commission or any person may recommend designation
of historic landmarks or historic districts that are in accordance
with the National Register criteria or that possesses one or more
of the following attributes:
(a)
Character, interest, or value as part of the development, heritage
or cultural characteristics of the Township, state or nation; or
(b)
Association with events that have made a significant contribution
to the broad patterns of our history; or
(c)
Association with the lives of person significant in our past;
or
(d)
Embodiment of the distinctive characteristics of a type, period
or method of construction, architecture, or engineering; or
(e)
Identification with the work of a builder, designer, artist,
architect or landscape architect whose work has influenced the development
of the Township, state, or nation; or
(f)
Embodiment of elements of design, detail, material or craftsmanship
that render an improvement architecturally significant or structurally
innovative; or
(g)
Unique location or singular physical characteristics that make
a district or landmark an established or familiar visual feature;
or
(h)
Ability or potential ability to yield information important
in prehistory or history.
(3)
Procedures for designation.
(a)
Persons wishing to make a nomination shall contact the Commission
Secretary regarding consideration of a proposed historic landmark
or historic district. The Commission may also initiate the designation
of an historic landmark or historic district. The Commission will
schedule a hearing to review the proposed historic landmark or historic
district.
(b)
A nomination to propose an historic landmark shall include the
following information which addresses the criteria for designation
as set forth herein:
[1]
A photograph, preferably black and white, of the proposed landmark;
and
[2]
A copy of the municipal Tax Map showing the property on which
the proposed landmark is located; and
[3]
A physical description of the proposed landmark; and
[4]
A statement of significance, referencing applicable National
Register criteria.
(c)
A nomination to propose an historic district shall include the
following information which addresses the criteria for designation
as set forth herein:
[1]
A building-by-building inventory of all properties within the
district; and
[2]
A photograph, preferably black and white, of all properties
within the district; and
[3]
A copy of the municipal Tax Map of the district showing boundaries;
and
[4]
A physical description of the proposed district; and
[5]
A statement of significance, referencing applicable National
Register criteria.
(d)
Following receipt of a nomination to propose an historic landmark
or historic district, the Commission shall schedule a public hearing
on the proposed designation.
(e)
At least 10 days prior to the public hearing, the Commission
shall, by personal service or certified mail perform the following:
[1]
Notify the owner(s) of record of a property that has been proposed
for historic landmark designation, or the owner(s) of record all properties
located within a district that has been proposed for historic district
designation, that the property or district, as applicable, is being
considered for such designation and the reasons therefor;
[2]
Advise the owner(s) of record of the significance and consequences
of such designation, and of the rights of the owner(s) of record to
contest such designation under the provisions of this section;
[3]
Notify the owner(s) of record of the date, time and location
of the hearing concerning the proposed designation of the property
or district; and
[4]
Serve any further notices as may be required under the provisions
of the Municipal Land Use Law.
(f)
At least 10 days prior to the public hearing, the Commission
shall also cause public notice of the hearing to be published in the
official newspaper of the Township.
(g)
At least 10 days prior to the public hearing, a copy of the
nomination report shall also be made available for public inspection
in the Municipal Offices of the Township.
(h)
At the public hearing scheduled in accordance with this section,
the Commission shall review the nomination report and accompanying
documents. Interested persons shall be given the opportunity to be
heard and to comment on the proposed nomination for designation.
(i)
Designation of an historic district shall not proceed over the
written objection of 51% of the property owners (as certified by the
Township Clerk), in accordance with the procedural guidelines set
forth by the National Register of Historic Places.
(j)
If the proposed nomination is approved by the Commission, then
the Commission shall forward a report concerning the proposed historic
landmark or historic district to the Planning Board, which shall contain
a statement of the Commission's recommendations and the reasons therefor.
Township Committee action on designating an historic landmark or an
historic district shall then be otherwise subject to those procedures
and statutes which apply to a change of a zoning designation and the
adoption, revision or amendment of any development regulation.
(k)
All other requirements of the Municipal Land Use Law and the
New Jersey Pinelands Comprehensive Management Plan, if applicable,
regarding adoption of development regulations shall be followed.
(l)
Upon adoption of an ordinance by the Township Committee designating
an historic landmark or an historic district, said designation shall
supplement, rather than supersede, the existing zoning district in
which the affected historic landmark or historic district is located.
At that time, the designation list and map shall be incorporated into
the Master Plan and Zoning Ordinance of the Township as required by
the Municipal Land Use Law. Designated properties shall also be noted
as such on the records for those properties as maintained by the Planning
and Zoning offices, as well as the offices of the Construction Official,
the Township Tax Assessor and the Township Clerk.
(m)
Amendments to historic landmark or historic district designations
may be made in the same manner as they were adopted in accordance
with the provisions of this section.
