In order to protect the general health, safety
and welfare of Hamilton Township residents, the following regulations
shall apply.
[Amended 2-20-1990 by Ord. No. 1019-90; 5-17-1993 by Ord. No. 1148-93; 7-7-1997 by Ord. No. 1261-97; 8-4-1997 by Ord. No.
1280-97; 1-20-2004 by Ord. No. 1485]
The following uses are prohibited in all districts
except as otherwise specifically provided below. Without limitation
of the following prohibited uses, any use that is not expressly set
forth in the specific districts created by the chapter as a permitted
or conditionally permitted use therein shall be deemed not to be permitted
in each such district.
A.
Automotive salvage yards or outdoor storage of wrecked
automobiles or parts thereof.
B.
Mobile homes and occupied residential vehicles, tractor-trailers
and/or boats. Those parked or stored at private residences must be
in rear or side yards in a manner so as to provide emergency access.
In no case shall they be hooked up to utility service. No such prohibited
uses shall be stored in common parking areas of apartments, high-rises
or townhouses. Notwithstanding the foregoing, a mobile home may be
temporarily placed on a lot and occupied under the following circumstances:
(1)
In the event of fire or other casualty to a
dwelling unit that renders said dwelling unit uninhabitable, as certified
by the Hamilton Township Construction Official, a mobile home, complying
with all of the requirements of the BOCA Code of the State of New
Jersey, may be located on the property until the dwelling unit is
reconstructed, but not for a period in excess of one year, provided
that the mobile home is located in compliance with the bulk standards
of the zone in which the property is located.
(2)
In the AG, FA-10, FA-25, FA-70, RD1, RD-2.5,
RD-4 and RD-5 Districts, an individual property owner may locate a
mobile home, complying with all of the requirements of the BOCA Code
of the State of New Jersey, on the property while a permanent dwelling
is being constructed, provided that:
(a)
The dwelling being constructed shall be the
primary residence of the property owner.
(b)
The mobile home shall not be placed on site
until all permits for construction of the permanent dwelling have
been filed with the Township.
(c)
The mobile home shall not be occupied for a
period in excess of one year.
(d)
The mobile home is located in compliance with
all applicable setback standards of the zone in which the property
is located.
(e)
During the time of occupancy, the mobile home
shall be connected to the permanent potable water supply and sanitary
waste disposal systems on site.
(f)
The mobile home shall be disconnected from all
utilities within 30 days of issuance of a certificate of occupancy
for the permanent dwelling.
C.
Boats shall be occupied for no more than 48 hours,
and in no case shall they be hooked up to permanent utility services.
D.
The use of any mobile home, travel trailer, tractor-trailer
or similar mobile unit used for the sale of goods therefrom while
parked for any period of time adjacent to any building; the use of
any mobile home, trailer, tractor-trailer, travel trailer or similar
mobile unit for storage purposes for a period in excess of one week
while parked adjacent to a building.
F.
Any temporary or permanent obstructions at intersections,
including the sign triangle thereof.
G.
Any use which includes the storage of gasoline or
other petroleum product not permitted in any other section of this
chapter.
H.
Any use which includes the manufacturing of acid,
cement, lime, gypsum or plaster of paris or other products emitting
hazardous elements.
I.
Any use which includes the manufacture or storage
of explosives, fat, fertilizer, gas, glue, PBS, asbestos or vinyl
chloride, or the reduction of garbage, offal or dead animals.
J.
Any use which involves the smelting of tin, copper,
zinc or iron ores.
K.
Any use which, by reason of emissions of odor, dust,
gas, smoke or noise, is detrimental to the health, safety or general
welfare of the community.
L.
Any use which creates vibration or glare that goes
beyond property lines.
M.
Storage of combustible materials for other than on-site
use and/or refining of combustible materials.
N.
Campgrounds or campsites not specified in district
regulations.
P.
All storage facilities for de-icing chemicals shall
be lined to prevent leaking into the soil and shall be covered with
an impermeable surface which shields the facility from precipitation.
Q.
No person shall apply any herbicide to any road or
public utility right-of-way within Hamilton Township unless necessary
to protect an adjacent agricultural activity.
R.
No development shall be carried out in Hamilton Township
unless it is designed to avoid irreversible adverse impacts on habitats
that are critical to the survival of any local populations of those
threatened or endangered animal species designated by the Department
of Environmental Protection pursuant to N.J.S.A. 23:2A-1 et seq.
S.
All development or other authorized activity shall
be carried out in the Pinelands Area of Hamilton Township in a manner
which avoids disturbance to distinct fish and wildlife habitats that
are essential to continued nesting, resting, breeding and feeding
of significant populations of fish and wildlife in the Pinelands.
T.
No development shall be carried out by any person
in Hamilton Township unless it is designed to avoid irreversible adverse
impacts on the survival of any local populations of threatened or
endangered plants of Hamilton Township designated in N.J.A.C. 7:50-6.27.
U.
The prohibited uses outlined in this section are enforceable to all sections of this chapter and carry the penalties outlined in Article XIX, Review by Other Agencies; Enforcement; Appeals.
V.
In the Pinelands Area, no more than one principal
use shall be located on one lot, except for forestry, agriculture,
horticulture, fish and wildlife management and recreational development
on agricultural lands.
W.
Except as otherwise authorized in this chapter, the
extraction or mining of mineral resources in the Pinelands Area, other
than sand, gravel, clay and ilmenite, is prohibited.
X.
No motor vehicles shall be operated on public land
except as permitted in N.J.A.C. 7:50-b.143(a)2.
Y.
All development shall adhere to the relevant air quality
standards of N.J.A.C. 7:27 et seq.
Z.
Asphalt manufacturing.
AA.
Automobile or other vehicular junkyard or graveyard,
or any dump or any other establishment for the storage, reduction
or deposit of junk or waste materials of any kind.
BB.
The use of radioactive materials, except as incident
to a permitted use.
CC.
Explosives manufacturing, including without limitation
fireworks, matches, firearms and ammunition, the testing thereof,
and the storage or sale of explosives, firearms or ammunition.
DD.
Firing ranges.
EE.
Tank farms or other indoor or outdoor manufacturing,
mixing, or storage facilities for any chemicals, toxic, flammable
or combustible materials.
FF.
Airports, airfields, aviation fields, landing fields,
heliports or any other facility that contains runway(s), hangar(s),
or refueling tanks, pumps or equipment for aviation purposes.
GG.
Mining and other excavation facilities.
HH.
Recycling facilities.
II.
Chemical water treatment plants.
JJ.
Private zoos, menageries or any other facilities for
the breeding, maturation, boarding or keeping of nondomesticated animals.
KK.
Motor speedways, raceways, race tracks, testing tracks,
and similar facilities.
A.
The otherwise lawful use of a building or land existing
at the time of the adoption of this chapter may be continued, although
such use does not conform to the provisions of this chapter, provided
that:
(1)
Such use shall not be extended or enlarged without
conforming to all regulations of the district in which it is located.
(2)
The existence of a nonconforming use on a part
of a lot or tract shall not be construed to establish a nonconforming
use on the entire tract or lot.
(3)
Whenever a nonconforming use is discontinued
or changes to conforming use, it shall not thereafter be changed back
to a nonconforming use.
(4)
Whenever nonconforming structure has been damaged
by fire or other causes to the extent of 75% of its market value,
as determined by the Tax Assessor, it shall be rebuilt or repaired
in conformity with the regulations of the district in which it is
located.
[Amended 7-7-1997 by Ord. No. 1261-97]
(5)
If a nonconforming use or structure ceases operation
for a period of more than one year, such discontinuance will be considered
as evidence of an intent to abandon, and any subsequent use shall
conform to the regulations of the district in which it is located,
unless adequate proof is established to the contrary.
(6)
Nothing in this article shall be deemed to prevent
normal maintenance and repair of any building or the carrying out,
upon issuance of a building permit, of major structural alterations
or demolitions necessary in the interest of public safety. In granting
such a permit, the Construction Official shall state the precise reason(s)
to the Board of Adjustment why such alterations were deemed necessary.
(7)
Existing commercial uses located outside the
Pinelands area on Route 50 or on C.R. 575 (Somers Point - Mays Landing
Road) south of the Atlantic Avenue intersection shall be permitted
to expand the existing structure by 100% and continue to operate the
use actively in place at the time of adoption of this chapter or a
less-intensive commercial use. Such use shall comply with all standards
established for permitted uses in the HC District.
(8)
Existing commercial uses located in the Pinelands growth area which are situated on Routes 40, 50 or 322 and which, through passage of this chapter, are nonconforming uses shall be permitted to expand the existing structure or use by 100% and continue to operate the use actively in place at the time of adoption of this chapter or a less-intense commercial use. Such use shall comply with the water quality standards of § 203-186 and all standards established for the HC District.
(9)
Existing commercial uses in a Pinelands-designated rural development, village or forest area and situated on Route 40, 50 or 322 which, through passage of this chapter, are nonconforming uses shall be permitted to expand the existing structure or use by 50% and continue to operate the use actively in place at the time of adoption of this chapter or a less-intense commercial use. Such use shall comply with the water quality standards of § 203-186 and all standards established for the HC District.
B.
Notwithstanding the use restrictions contained in Articles IV through XI and Article XXI, any use existing on January 14, 1981, that is currently nonconforming or any use which was constructed based upon an approval granted pursuant to the Pinelands Comprehensive Management Plan that is currently nonconforming, other than intensive recreational facilities and those uses which are expressly limited in Articles XV through XVI, may be expanded or altered, provided that:
[Amended 8-4-1997 by Ord. No. 1280-97]
(1)
The use was not abandoned or terminated subsequent
to January 14, 1981;
(2)
The expansion or alteration of the use is in
accordance with all of the minimum standards of this chapter; and
(3)
The area of expansion does not exceed 50% of
the floor area, the area of the use or the capacity of the use, whichever
is applicable, on January 14, 1981, or which was approved pursuant
to N.J.A.C. 7:50-4, Part V.
If the Construction Official, upon inspection,
determines that an unsafe condition exists with respect to building
soundness, he shall notify the owner of his findings and state his
reasons and order the condition repaired or, in the case of signs
and fences, removed within a reasonable time period.
A.
Any previously approved final subdivision, where a
map has been posted and water and sewer are available, shall be exempted
from the operation of this chapter for a period of two years from
the date of passage and final adoption.
B.
Said exemption shall be granted predicated upon the
payment in full of water and sewer fees, payment in full of taxes
to date, posting of an acceptable performance guaranty and on the
condition that the development causes no condition that will endanger
the health, safety or welfare of Hamilton Township.
A.
Pinelands Areas. The purpose of recognizing undersized
lots of record is to eliminate hardships upon individual landowners
in Forest, Rural Development or Agricultural Zoning Districts and
unsewered areas of the Regional Growth District in Hamilton Township,
as follows:
(1)
Lots between 1.0 and 3.2 acres in size in the
FA-10 District and lots of at least one acre in the FA-25, FA-70,
RD-2.5, RD-4, RD-5 and Agricultural Districts. Any parcel of land
in the areas described herein with less than the required lot area
for the respective zoning district, but at least one acre in size,
may be developed, provided that the other conditions stipulated herein
are met:
[Amended 11-19-2007 by Ord. No. 1613-2007]
(a)
The parcel has been in the continuous ownership
since February 7, 1979, of the person whose principal residence the
dwelling unit will be, a member of that person's immediate family
or a partnership or corporation in which members of that person's
immediate family collectively own more than a majority interest in
such partnership or corporation.
[Amended 8-4-1997 by Ord. No. 1280-97]
(b)
The parcel will be utilized for a single-dwelling
unit that will be the principal residence of the property owner or
a member of the immediate family of the property owner.
[Amended 8-4-1997 by Ord. No. 1280-97]
(c)
The parcel was not in common ownership with
any contiguous land on or after February 8, 1979, that contains substantial
improvements.
[Amended 8-4-1997 by Ord. No. 1280-97]
(d)
The parcel is located on an accepted township
road.
(e)
(f)
The applicant is responsible for providing the
documentation indicating ownership and qualification under these provisions
as of the date of submission, wherein such documentation shall include
recorded and filed deeds and recorded and filed subdivision plats.
(g)
For all development taking place in undersized
lots of record, the applicant shall utilize alternate septic systems,
approved by the Pinelands Commission, unless the Pinelands Commission
authorizes the use of a conventional septic system on the site.
(h)
The parcel includes all vacant contiguous lands
in common ownership on or after February 8, 1979.
[Added 8-4-1997 by Ord. No. 1280-97]
(2)
Lots greater than 3.2 acres but less than 10
acres in the FA-10 District shall be permitted to develop, provided
that the following conditions are met:
(a)
The parcel of land in question existed as a
conforming lot prior to February 8, 1979.
(b)
The parcel is located on an accepted township
road.
(c)
The lot was not held in common ownership with
adjoining parcels on February 7, 1979, or since that date.
(3)
Lots less than one acre. Owners of parcels of
land less than one acre in area shall be permitted to develop single-family
dwellings only under the following conditions:
(a)
The applicant shall have received a waiver of
strict compliance from the Pinelands Commission pursuant to N.J.A.C.
7:50.
(b)
The parcel of land is located on an accepted
township road.
(4)
Single-family dwellings on lots of at least
one acre may be permitted in the FA-10, FA-25, FA-70, RD-4, RD-5 and
AG Districts, provided that:
[Amended 5-17-1993 by Ord. No. 1148-93; 11-19-2007 by Ord. No. 1613-2007]
(b)
The lot to be developed existed as of February
8, 1979, or was created as result of an approval granted by the Pinelands
Development Review Board or by the Pinelands Commission pursuant to
the Interim Rules and Regulations prior to January 14, 1981.
(c)
The applicant qualifies for and receives from the township a variance from the three-and-two-tenths-acre lot size requirement set forth in Subsection A(5) below.
(d)
The applicant purchases and redeems 0.25 Pinelands
development credit.
(e)
Any Pinelands development credits allocated to the developer are reduced pursuant to § 203-171B(2).
(5)
Single-family dwellings on lots of at least
3.2 acres in the FA-10, FA-25, FA-70, RD-4, RD-5 and AG Districts,
provided that:
[Amended 2-19-1991 by Ord. No. 1063-1991; 8-4-1997 by Ord. No. 1280-97; 11-19-2007 by Ord. No.
1613-2007]
(a)
The dwelling unit will be the principal residence
of the property owner or a member of the immediate family of the property
owner.
(b)
The individual whose principal residence the
dwelling unit will be has not developed a dwelling unit under this
section within the previous five years.
(c)
The parcel of land on which the dwelling is
to be located has been in the continuous ownership since February
7, 1979, of the person whose principal residence the dwelling unit
will be, a member of that person's immediate family or a partnership
or corporation in which members of that person's immediate family
collectively own more than a majority interest in such partnership
or corporation.
(d)
The person whose principal residence the dwelling
unit will be has resided in the Pinelands for at least five years
and that person or one or more members of that person's immediate
family has resided in the Pinelands for a total of at least 20 different
years.
(6)
Where minimum lot areas are five acres or more
for lots of record existing prior to February 7, 1979, in the Pinelands
Area of the township, such lots may be used for detached single-family
residences and for permitted accessory uses, provided that:
(a)
The lot area is not more than 10% short of minimum
requirements.
(b)
The lot is not contiguous to other vacant lot(s)
in the same ownership.
(c)
The minimum setbacks are adhered to.
(d)
This section shall not apply to lots of record
located within the AG District.
[Added 5-17-1993 by Ord. No. 1148-93]
(7)
In the R-22 Zone, lots of record existing prior
to February 7, 1979, may be developed for detached single-family residences
and for permitted accessory uses, provided that:
(9)
Existing residential uses on undersized lots in the FA-70, FA-25, FA-10, AG, RD-5, RD-4 or RD-2 District may be expanded by up to 50% of the floor area or may construct accessory structures permitted by right in the district in which the property is located, provided that the setback and lot coverage requirements of Subsection A(1)(e)[2], [3] and [4] are met.
[Added 2-1-1993 by Ord. No. 1140-93; amended 11-19-2007 by Ord. No. 1613-2007]
B.
Non-Pinelands areas. Lot areas shall not be less than
one acre, with the minimum setbacks prescribed, except that, if a
lot of record prior to adoption of this chapter has less area, frontage,
depth or width than herein required, such lot may be used for a detached
single-family residence and for such accessory uses permitted in Growth
Area - Low Districts (GA-L), provided that:
A.
During the construction of any commercial or industrial
development, major subdivision, planned unit residential development
or any phase thereof, the developer may be permitted to place a trailer
on site to serve as a field construction office. Trailers used for
storing contractors' materials and supplies on the construction site
of any commercial or industrial development, major subdivision, planned
unit residential development or any phase thereof shall be permitted.
Sales trailers for any commercial or industrial development, major
subdivision, planned unit residential development or any phase thereof
shall be permitted under the terms and conditions as approved by the
Planning Board as part of site plan and/or subdivision approval. Construction,
storage and sales trailers shall be located in compliance with the
minimum setback requirements of this chapter. Construction and sales
trailers shall be supported and/or anchored as required by the manufacturer's
specifications.
B.
Removal of construction, storage and sales trailers.
(1)
Industrial and commercial uses. Prior to the
issuance of a certificate of occupancy for any commercial or industrial
development or phase thereof, all construction and/or storage trailers
shall be removed from the job site, and the area formerly occupied
by the trailer(s) shall be landscaped or paved as required on the
final site plan.
(2)
Residential. Prior to the issuance of the final
certificates of occupancy in a major subdivision or planned unit residential
development or phase thereof, all construction and/or storage trailers
shall be removed from the job site, and the area formerly occupied
by the trailers shall be landscaped or paved as required on the final
site plan.
(3)
In the event that a project is abandoned prior to the issuance of a certificate of occupancy, construction and storage trailers shall be removed within 10 days of the date of the abandonment. Failure to remove trailers within this time frame shall result in the imposition of penalties as established in Article XIX, Review by Other Agencies; Enforcement; Appeals.
C.
Applicability. The standards for location and removal
of construction and storage trailers established in this section shall
apply to both development initiated prior to the adoption of this
section and development initiated after that date.
D.
An appropriate performance guaranty for removal and
restoration of the site shall be posted in conjunction with any such
trailers.
