This chapter regulates and limits the uses of land and the uses
and locations of buildings and structures; regulates and restricts
the height and bulk of buildings and structures and determines the
area of yards and other open spaces; regulates and restricts the density
of population; divides the Township of Riverside into districts for
such purposes; adopts a map of the Township showing boundaries and
the classification of such districts; establishes rules, regulations
and standards governing the subdivision and development of land within
the Township; establishes a Joint Land Use Planning Board and prescribes
penalties for the violation of its provisions.
The short form by which this chapter may be known shall be the
"Land Use Ordinance," otherwise known as the "Zoning and Land Development
Ordinance of the Township of Riverside."
This chapter is adopted pursuant to N.J.S.A. 40A:55D-1 et seq.,
commonly known as the "Municipal Land Use Law," which confers the
power to regulate the use of lands within its jurisdiction upon New
Jersey municipalities. This chapter is also based on the duly recognized
police powers of a municipality and is an exercise of that authority.
This chapter is adopted in order to promote and protect the
public health, safety, morals and general welfare, and in the furtherance
of the following related and more specific objectives:
A. Encourage action to guide the appropriate use or development of all
lands in the Township in a manner which will promote the public health,
safety, morals and general welfare.
B. Secure safety from fire, flood, panic and other natural and man-made
disasters.
C. Provide adequate light, air, open space and traffic design.
D. Promote the establishment of appropriate population densities and
concentrations that will contribute to the well-being of persons,
neighborhoods and the entire municipality as well as the preservation
of the environment and prevent the overcrowding of land and buildings.
E. Provide sufficient space in appropriate locations for a variety of
residential, recreational, commercial and industrial uses and open
space, both public and private, according to their respective environmental
requirements.
F. Promote a desirable visual environment through creative development
techniques and good civic design and arrangements.
G. Promote the conservation of historic sites, open space, energy resources
and to prevent the degradation of the environment, including but not
limited to the air, water and visual environment, through improper
use of land.
H. Establish orderly and uniform procedures relating to land use and
development regulation.
I. Promote utilization of renewable energy sources.
J. Conserve the value of property.
This chapter is substantially consistent with the Land Use and
Housing Elements of the Riverside Township Master Plan and the Riverside
Township 2025 Land Use Plan Element, as adopted August 12, 2013. The
statement of objectives, principles, assumptions, policies and standards
contained in both the Township Master Plan and the 2025 Land Use Plan
Element are adopted by reference and shall be considered the basis
of this chapter. All future amendments to this chapter shall be made
only after a review of the Land Use and Housing Elements of the Township
Master Plan and in conformity with its statement of objectives, principles,
assumptions, polices, and standards.
The provisions of this chapter shall be held to be minimum requirements.
Where this chapter imposes a greater restriction than is imposed and
required by other provisions of law, or by other rules, regulations
or resolutions, the provisions of this chapter shall control. Where
other laws, rules, regulations or resolutions require greater restrictions
than are imposed by this chapter, the provisions of such other laws,
rules and regulations shall control.
All uses not expressly permitted in this chapter are prohibited.
All applicable requirements shall be met at the first time of
erection, enlargement, alteration, moving or change in use of a structure,
and shall apply to the entire structure or structures, whether or
not the entire structure or structures were involved in the erection,
enlargement, alteration, moving or change in use. Moreover, no building
or structure shall be erected, moved, altered, added to or enlarged
unless in conformity with this chapter, and no building, structure
or land shall be used for any purpose or in any manner other than
as specified in this chapter. Nothing in this chapter shall be deemed
to require a change in plans, construction or intended use of any
buildings, structure or land on which actual construction or the application
for a permit or preliminary plans were lawfully submitted to any governmental
agency having applicable jurisdiction, and such actions were begun
and diligently pursued before the adoption of this chapter.
In case any building or structure is erected, constructed, reconstructed,
altered, moved or converted, or any building structure or land is
used in violation of, or contrary to, the provisions of this chapter,
or any building, structure or land is used in violation of, or contrary
to, any approved site plan or subdivision, including any conditions
made thereto, the Township may institute any action to enjoin or any
other appropriate action or proceeding to prevent such erection, construction,
reconstruction, alteration, conversion or use. However, nothing in
this chapter shall be construed to restrict the right of any party
to obtain a review by any court of competent jurisdiction according
to law.
A. Violations. Failure to secure the required zoning permit or building
permit previous to the erection, construction, alteration or addition
to a building shall be a violation of this chapter.
B. Removal. Structures erected without a permit that do not conform
with this chapter shall be removed.
C. Notice of violation. When written notice of a violation of any provision
of this chapter has been served by the Zoning Officer on the owner,
owner's agent, occupant, contractor or builder, such violation shall
be discontinued and/or removed immediately.
D. The following rules shall apply in determining responsibility for
violations and penalties:
(1) The owner, general agent, contractor or occupant, or any combination
thereof, of a building, premises, or part thereof, where such a violation
has been committed exists shall be guilty of such an offense.
(2) Any agent, contractor, architect, engineer, builder, corporation
or other person who commits, takes part or assists in such violation
shall be guilty of such offense.
E. Each day that a violation continues after notification that it exists
shall constitute a separate offense.
F. The imposition of penalties herein shall not preclude the Township,
or any other person, from instituting an action to prevent an unlawful
construction, reconstruction, alteration, repair, conversion or use,
or to restrain, correct or abate a violation, or to prevent the illegal
occupancy of a building, land or premises.
G. Fines and penalties. Any person, firm or corporation violating any
provisions of this chapter shall, for each violation upon conviction
thereof, be subject to one or more of the following: a fine not exceeding
$2,000; a term of imprisonment not exceeding 90 days; or a period
of community service not exceeding 90 days. Each day that a violation
is permitted to exist shall constitute a separate offense.
All ordinances inconsistent with or in conflict therewith are
hereby repealed.
If any section, subsection or paragraph of this chapter shall
be declared to be unconstitutional, invalid, or inoperative in whole
or in part by a court of competent jurisdiction, such section, subsection
or paragraph shall, to the extent that is not unconstitutional, invalid
or inoperative, remain in full force and effect, and no such determination
shall be deemed to invalidate the remaining sections, subsections
or paragraphs of this chapter. To this end, the provisions of each
section, subsection, paragraph of this chapter are hereby declared
to be severable.
This chapter shall take effect 20 days subsequent to passage
and publication according to law.