Township of Long Hill, NJ
Morris County
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Table of Contents
Table of Contents
Prior ordinance history includes portions of 1967 Code §§ 31A-1 — 31A-6, 31A-9 — 31A-11, 35-1 — 35-15, 35-17, 35-19, 48-1 — 48-17, 48-19 — 48-35, 48-41 — 48-55, 59-1 — 59-16, 59-18 — 59-33, 59-35 — 59-37, 59-40, 59-42, 74-1 — 74-10, 77B-1 — 77B-29, 78-1 — 78-14, 95-1 — 95-34, 95-36 — 95-40, 95-45 — 95-78, 95-80 — 95-104, 95-109 — 95-117, 95-119 — 95-123 and Ordinance Nos. 5-70, 11-71, 14-73, 3-77, 4-77, 6-77, 7-78, 8-78, 18-79, 3-81, 6-81, 8-81, 9-81, 22-81, 25-81, 24-82, 25-82, 26-82, 28-82, 5-83, 35-83, 41-83, 5-85, 8-85, 22-85, 27-85, 32-85, 22-86, 23-86, 40-86, 41-86, 5-87, 6-87, 11-87, 12-87, 14-87, 15-87, 17-87, 21-87, 24-87, 31-87, 44-87, 45-87, 47-87, 5-88, 6-88, 9-88, 10-88, 11-88, 22-88, 8-89, 14-89, 20-89, 25-89, 26-89, 27-89, 28-89, 5-90, 14-90, 17-90, 21-90, 23-90, 29-90, 33-90, 6-91, 8-91, 18-91, 20-91, 36-91, 12-92, 18-92, 19-92, 8-93, 13-93, 15-93, 19-93, 27-93, 28-93, 16-94.
This Ordinance shall be known and may be cited as the Land Use Ordinance of The Township of Long Hill, 1996.
It is the intent and purpose of this Ordinance to implement the goals of the Long Hill Township Master Plan, adopted on March 26, 1996, along with any amendments made thereto.
This Ordinance recognizes and embraces the Master Plan's overall vision statement for Long Hill Township:
"Long Hill Township is a rural and low density residential community characterized by large tracts of open space, attractive single family residential neighborhoods, tree lined streets and a general absence of large non-residential land uses. Its commercial development is anchored by the Valley Road business district and four neighborhood business districts. Overall, the Township is one of the least dense and most scenic municipalities in Morris County.
In many ways, Long Hill Township is a rural oasis in a region otherwise characterized by suburban residential tract development, highway commercial uses, corporate offices and interstate highways. When juxtaposed against these neighboring land uses, Long Hill's vast open space network, its tree canopied streets, wetland areas, river corridor and sweeping topographical characteristics combine with its secluded residential areas and varied commercial districts to form one of the most unique municipalities in the region. It is the expressed purpose of this Master Plan to preserve and enhance these unique characteristics of the Township through the following overall Master Plan goals."
This Ordinance is adopted to promote and protect the public health, safety and general welfare, and in furtherance of the following overall and more specific goals:
a. 
To conserve and enhance the essential rural and residential character of Long Hill Township in order to best provide for the health, safety and general welfare of all Township residents.
b. 
To maintain the Township's identity as a fundamentally low density residential community and insure that future development is compatible with, and sensitive to, existing residential areas and established neighborhoods.
c. 
To insure that new commercial development within the Township is in scale with and oriented to the shopping, service, and other needs of Township residents both in terms of design and use.
d. 
To insure that road improvements along County and Township roadways are limited to those that address existing traffic safety problems and are undertaken in ways that strongly support the overall goals of this Master Plan and preserve and enhance the tree-lined roads that help create the desired rural character of the Township.
e. 
To develop a trail system throughout the Township that will provide circulatory links to the Township's residential, business, recreational, and open spaces areas and enhance local appreciation of, and recreation in, the Township's many natural resources.
f. 
To preserve, protect and enhance the natural resources of the Township and to make environmental issues a central part of the planning process in Long Hill.
g. 
To establish a sound long-range planning program that merges major Township buildings, storm and sanitary sewers, natural trails and open spaces, recreational areas, community services, residential areas and roadways into an infrastructure that is resident and pedestrian friendly, and which supports the goal of preserving the Township's rural character.
a. 
To conserve and enhance the essential rural and residential character of the Township in order to provide for the health, safety and general welfare of all Township residents.
b. 
To maintain the Township's identity as a fundamentally low density residential community and insure that future development is compatible with, and sensitive to, existing residential areas and established neighborhoods.
c. 
To insure that new commercial development within the Township is in scale with and oriented to the shopping, service, and other needs of Township residents both in terms of design and use.
d. 
To encourage neighborhood oriented land uses in the village business districts of Gillette, Meyersville, Millington and Stirling and to insure that such development does not encroach upon surrounding residential areas and established neighborhoods.
e. 
To prohibit additional multifamily residential development in the Township unless so required by the New Jersey Council On Affordable Housing.
f. 
To uniformly encourage the upgrading and beautification of nonresidential properties throughout the Township, including improved building design, landscaping, signage, screening and other site improvements.
a. 
To insure that road improvements along County and Township roadways are limited to those that address existing traffic safety problems and are undertaken in ways that strongly support the overall goals of this Ordinance and preserve and enhance the tree-lined roads that help create the desired rural character of the Township.
b. 
To insure that the design of new roads and the upgrading of existing roads are undertaken in a manner that is sensitive to the environment, existing streetscapes and rural character of the Township.
c. 
To encourage the development of new sidewalks in areas of relatively high pedestrian traffic and to encourage the use of creative sidewalk design wherever appropriate to honor the Township's treed corridors and rural streetscapes.
d. 
To develop a trail system throughout the Township that will provide circulatory links to the Township's residential, business, recreational, and open space areas and enhance local appreciation of, and recreation in, the Township's many natural resources.
a. 
To discourage further expansion of the sewerage treatment plant.
b. 
To discourage major sewer line extensions unless needed to reach areas of significant septic dysfunction.
a. 
To develop uniform storm water management requirements aimed at providing comprehensive qualitative and quantitative controls over storm water runoff in the Township.
b. 
To insure that storm water runoff impacts from new land development do not threaten the Township's natural resources or the Great Swamp.
a. 
To establish a sound long-range planning program that merges major Township buildings, storm and sanitary sewers, natural trails and open spaces, recreational areas, community services, residential areas and roadways into an infrastructure that is resident and pedestrian friendly, and which supports the goal of preserving the Township's rural character.
b. 
To support the development of a centralized municipal complex.
c. 
To augment existing recreational facilities with the development of additional facilities, including ball fields, soccer fields, trails and other facilities designed for the benefit of all segments of the Township population.
d. 
To continue the development of Township pocket parks.
e. 
To support the development of a senior citizen community center either in a new municipal complex or as a freestanding facility.
f. 
To cooperate with the Board of Education in its school expansion program.
a. 
To conserve, protect and enhance the natural resources of the Township and to make environmental issues a central part of the planning process in the Township.
b. 
To preserve the scenic value of the Township's natural resources, including its open space areas and treed corridors.
c. 
To establish a detailed environmental assessment procedure for all major land development proposals in the Township in accordance with the Township's Environmental Impact Statement requirements.
d. 
To prohibit, to the greatest extent possible on the municipal level, land development in the Township's critical areas and to periodically review local critical area regulations to assess their ongoing appropriateness in protecting the natural resources of the Township.
e. 
To encourage the ongoing acquisition of open space by governmental agencies.
f. 
To encourage greater tree preservation and planting efforts in the Township through more stringent tree removal regulations, the formation of a tree bank and street tree planting programs and the continuation of development review procedures aimed at tree preservation.
g. 
To actively cooperate with regional efforts aimed at protecting the Great Swamp.
a. 
To promote the preservation of historic structures, sites, districts, valuable historic resources, cultural/historic landscapes (land and buildings) and particular places of historic happenings.
a. 
To continue and expand the Township's ongoing recycling efforts and to explore the possibility of a new recycling depot for the Township.
a. 
This Ordinance also embraces the purposes of the Municipal Land use Law, as established at N.J.S.A. 40:55D-1.
No land may be used and no building or structure may be erected, raised, moved, extended, enlarged, altered or used for any purpose other than a purpose permitted herein for the zone in which it is located, and all construction shall be in conformity with the regulations provided by this Ordinance. When a new lot or lots are formed from a parcel of land, the subdivision shall be in conformity with the regulation provided by this Ordinance.
The provisions of this Ordinance shall be held to be the minimum requirements necessary to promote and protect the public health, safety and general welfare. Where this Ordinance imposes a greater restriction than is imposed or required by other provisions of law or by other rules, regulations or resolutions, the provisions of this Ordinance shall control. Where other laws, rules, regulations or resolutions require greater restrictions than are imposed by this Ordinance, the provisions of such other laws, rules, regulations or restrictions shall control.
[Ord. No. 424-2018]
Any deviation from any provision of Sections 120, 130, 142, 151 and 155 of the Township Land Use Ordinance shall require a variance pursuant to N.J.S.A. 40:55D-70c or d or N.J.S.A. 40:55D-60a.
Any use not expressly permitted in this Ordinance is prohibited.
[Ord. No. 392-2016 § 1]
No more than one principal building shall be permitted on any one lot in the Township, except in the R-MF, R-MF-2, R-MF-3, TH, PSO and LI-2 zone districts.
[Ord. No. 424-2018]
Before any building or structure or part thereof shall be constructed, reconstructed, structurally altered, rehabilitated, repaired, placed, moved or demolished, the property owner or designee shall apply to the Construction Official for a construction permit, if required by the Uniform Construction Code, in the manner and on forms required by the Uniform Construction Code and shall pay all fees required by the Township Code.
[Ord. No. 278-11 § 1; Ord. No. 305-12 § 2; Ord. No. 424-2018]
A construction permit shall not be issued until the property owner or designee has obtained a Zoning Permit, if required, from the Zoning Officer.
[Prior history includes Ord. No. 278-11 § 2]
[Ord. No. 424-2018]
The issuance of certificates of occupancy, certificates of approval and certificates of continued occupancy shall be governed by the standards of the Uniform Construction Code. The Construction Official may issue a temporary certificate of occupancy upon written request from the applicant and in accordance with the Uniform Construction Code.
[Ord. No. 424-2018]
a. 
After completion of the work performed under an issued construction permit, a property owner or designee shall apply to the Construction Official for a certificate of occupancy or certificate of approval, as appropriate, in a manner consistent with and as required by the Uniform Construction Code. All improvements contemplated by the issued construction permit and as shown on any approved plans must be installed at the time of the issuance of the certificate of occupancy or certificate of approval, unless otherwise specified herein.
b. 
The fee for the certificate of occupancy or certificate of approval, as required by the Township Code, shall be paid to the Construction Official at the time a construction permit is issued.
c. 
Before a certificate of occupancy or a certificate of approval is issued, the Construction Official will perform an inspection to determine whether the work performed under the issued construction permit meets all of the requirements of the construction permit, the Uniform Construction Code and, if a Zoning Permit was required, shall require the applicant to obtain a certificate of zoning compliance from the Zoning Officer.
d. 
If a certificate of zoning compliance was issued, then a certificate of occupancy shall specify the use of the land or building and any circumstances or conditions recited in the certificate of zoning compliance.
e. 
If a zoning permit was issued, a certificate of occupancy shall not be issued until a certificate of zoning compliance is issued by the Zoning Officer. A temporary certificate of occupancy may be issued before a certificate of zoning compliance is issued in accordance with the Uniform Construction Code.
[Ord. No. 424-2018]
a. 
Upon any change of ownership, tenancy, occupancy or use of any non-residential use on a nonresidential property, for which no construction permits have been issued, the property owner, tenant or occupant shall apply to the Construction Official for a certificate of continued occupancy in a manner and on forms consistent with the Uniform Construction Code.
b. 
The fee for the certificate of continued occupancy, as required by the Township Code, shall be paid to the Construction Official at the time the certificate of continued occupancy is issued.
c. 
Upon receipt of a complete application for a continued certificate of continued occupancy, the Construction Official shall perform an inspection of the property to ensure that all requirements of the Uniform Construction Code are being met. If the inspection is satisfactory, the Construction Official will issue a certificate of continued occupancy to the applicant with a copy to the Zoning Officer, who will then issue a certificate of continued zoning compliance or a certificate of zoning compliance.
d. 
If violations of the Uniform Construction Code are discovered, the Construction Official shall deny the application for a certificate of continued occupancy and require that an application be filed for necessary construction permits and that any violations be abated.
[Prior history includes Ord. No. 278-11 § 3; Ord. No. 305-12 § 1]
[Ord. No. 424-2018]
a. 
An approved zoning permit is required before any construction permit shall be issued by the Construction Official for work that, once completed, requires a certificate of occupancy. A zoning permit shall not be required for work exempted from the requirement for a certificate of occupancy.
b. 
Application for a zoning permit shall be made to the Zoning Officer on the form provided. For every application, the Zoning Officer shall require two sealed plot plans prepared by a New Jersey licensed professional engineer or land surveyor, drawn to scale and showing the size and location of all existing and proposed buildings, structures and other facilities, as well as architect's plans, elevation drawings, and manufacturers specification sheets and installation instructions for any prefabricated or mechanical equipment, sufficient to enable the Zoning Officer to determine whether all Township land use requirements are met. The Zoning Officer may consult with any Township staff or professionals, County agency or State agency when reviewing an application for a zoning permit.
c. 
The Zoning Officer may waive the requirement for sealed plot plans for additions, alterations or accessory structures to existing single- or two-family dwellings or de minimis site improvements of nonresidential premises and accept a sketch prepared by the owner or applicant. Where there is any question as to the site, location or any other zoning or land use requirement, the Zoning Officer shall require sealed plot plans.
d. 
A simplified application form with reduced requirements for common situations, including but not limited to an application for a sign permit, shall be available from the Zoning Officer.
e. 
The Zoning Officer shall issue or deny the zoning permit within 10 business days after receipt of a complete application. Upon notice to applicant of the pending issuance of a zoning permit, the applicant shall remit the fee required by the Ordinance before the zoning permit will be issued.
f. 
After reviewing the application, the Zoning Officer shall issue the zoning permit if the work proposed in the application is in compliance with this Ordinance and any approvals from the Planning Board, the Zoning Board of Adjustment or any other approving authority. If an application for a zoning permit is denied, the Zoning Officer shall notify the applicant in writing stating the reason(s) for the denial, together with advice to seek relief for site plan or variance approval.
g. 
If a zoning permit is approved by the Zoning Officer and it shall appear at any time to the Zoning Officer that the application or accompanying plan(s): is in any material way false or misleading; that the work being done on the premises is materially different from that indicated in the application or may be in violation of any provision of this Ordinance; or that any conditions imposed by an approving authority are not being met within the time or in the manner required by the approving authority, then the Zoning Officer may forthwith revoke the zoning permit.
h. 
If a zoning permit is denied or revoked by the Zoning Officer, an applicant may do one of the following:
i. 
Modify the proposed use or development so that it complies with all applicable provisions of this Ordinance, if possible, and/or any approval granted by the approving authority and reapply for zoning permit approval.
ii. 
File the appropriate application with the approving authority.
iii. 
Take no action toward the commencement of the proposed use or development.
[Ord. No. 424-2018]
a. 
An application for a certificate of zoning compliance shall be made to the Zoning Officer within 30 days of completion of the work authorized by an approved zoning permit. A certificate of occupancy for work under approved construction permits shall not issue until a certificate of zoning compliance is issued.
b. 
If an approving authority allows an applicant to satisfy a condition or conditions of any approval subsequent to occupancy and the applicant obtains a temporary certificate of occupancy therefor, the Zoning Officer shall monitor such conditions to ensure that they are satisfied in accordance with the resolution of the approving authority and shall issue a certificate of zoning compliance upon completion before a certificate of occupancy shall be issued.
c. 
In those cases involving only a change of use where a use variance is required from the Zoning Board of Adjustment, and no construction permit is required, the owner or developer shall obtain a certificate of zoning compliance from the Zoning Officer upon completion of any conditions of the variance approval and after the Construction Official has issued a certificate of continued occupancy.
[Ord. No. 424-2018]
a. 
Upon the commencement of or change in the use, occupancy or tenancy of any nonresidential property or nonresidential part thereof, where no construction is proposed and therefore a zoning permit is not required, a certificate of continued zoning compliance shall be obtained before any such new use, occupancy or tenancy shall commence.
b. 
The owner or tenant of the premises about to be used, occupied or reoccupied shall apply to the Zoning Officer for a certificate of continued zoning compliance on a form provided by the Zoning Officer and shall submit any information required thereby.
c. 
The application for a certificate of continued zoning compliance shall be accompanied by a certificate of continued occupancy which is available from the Construction Official.
d. 
The Zoning Officer shall issue the certificate of continued zoning compliance within 10 days after receipt of a complete application or, in the alternative, shall notify the applicant in writing of a denial, the reason(s) therefor, and advise the applicant to apply for site plan or variance approval, if appropriate.
e. 
If it shall appear at any time to the Zoning Officer that the application or accompanying information: is in any material way false or misleading; that the use or occupant seeking to occupy the premises is materially different from that indicated in the application; that the use is in violation of any provision of this Ordinance; or that any conditions imposed by the approving authority are not being met in the manner required by any approval, then the Zoning Officer may forthwith revoke the certificate of continued zoning compliance.
f. 
A certificate of continued zoning compliance, unless revoked, shall continue in effect so long as there is no change of use, ownership, occupancy, or tenancy of the premises.
[1]
Editor's Note: Former § LU-107, Construction Sites, Ord. No. 8-98, § 1, was repealed 4-8-2020 by Ord. No. 455-20. See now § 16-8, Construction Sites.
[Prior history includes Ord. No. 149-04, Municipal Continued Occupancy Permits. Repealed by Ord. No. 424-2018]
[Ord. No. 90-01 § 1; Ord. No. 149-04 § 3; Ord. No. 194-06 § 2; Ord. No. 218-07 § 1; Ord. No. 230-08 § 2; Ord. No. 08-237 § 2; Ord. No. 245-09 § 1; Ord. No. 282-11 § 1; Ord. No. 298-12 §§ 1, 2; Ord. No. 311-13 § 1; Ord. No. 316-2013; Ord. No. 357-2015 § 1; Ord. No. 367-2015 §§ 1, 2; Ord. No. 369-2015; Ord. No. 377-2017; Ord. No. 392-2016 § 2; Ord. No. 394-2017 § 1; Ord. No. 424-2018]
For the purposes of this Ordinance, certain words and terms are defined as follows: unless the context clearly indicates the contrary, words used in the present tense include the future; the singular number includes the plural, and the plural, the singular; the word "shall" is mandatory and not discretionary, and the word "may" is permissive; the word "lot" includes the words "plot" and "premises" and "property;" and the words "use" and "uses" refer to any purpose for which a lot or land or part thereof or building or structure or part thereof is arranged, erected, designed, constructed or reconstructed, enlarged, altered, converted, maintained, occupied, rented, leased or intended to be used. Whenever a term is used in this Ordinance which is defined in the Municipal Land Use Law, N.J.S.A. 40:55D-1, et seq., such term is intended to have the meaning as defined in the Law. Any word or term not defined herein shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged, or latest edition thereof.
ACCESSIBLE PARKING (SPACE)
A parking space for use by persons who have been issued special identification cards, plates or placards by the N.J. Motor Vehicle Commission, or a temporary placard issued by the Chief of Police.
[Added 4-8-2020 by Ord. No. 455-20]
ACCESSORY APARTMENT
An additional dwelling unit located within a single-family detached dwelling or located within a building that is accessory to a single-family detached dwelling, and that is occupied by a low or moderate income household.
ACCESSORY BUILDING
A subordinate building on the same lot with a primary building, or a portion of the main building, occupied or devoted exclusively to an accessory use. Where an accessory building or deck is attached to a primary building in a substantial manner by a wall or roof, such accessory building shall be considered part of the primary building.
ACCESSORY USE
A use naturally and normally incidental and subordinate to the primary use of the premises.
1. 
The Township Planning and Zoning Coordinator shall be the Administrative Officer charged with reviewing development applications and requests for administrative waivers and determining whether they are complete in accordance with the provisions of N.J.S.A. 40:55D-10.3.
2. 
The Township Zoning Officer shall be the Administrative Officer for all other purposes.
[Removed by Ord. No. 377-2017]
AGRICULTURAL DEVELOPMENT
Land uses normally associated with the production of the foods and grains permitted in the C, Conservation Zone.
ALTERATION OF BUILDING
A change in the supporting members of a building; an addition to or diminution of a building; a change in use within the building; or a removal of a building from one location to another.
APARTMENT
One independent, self-contained dwelling unit, with private bath and kitchen facilities located within a building containing at least one other dwelling.
APPLICANT
Any entity submitting an application for development pursuant to this Ordinance. The term "applicant" shall include the term "developer."
APPLICATION FOR DEVELOPMENT
The completed application form and all accompanying documents required by ordinance for approval of a subdivision plan, site plan, planned development, conditional use, zoning variance, development permit, or other permit pursuant to this chapter.
APPROVED STREET
An existing street which has been duly improved and accepted as such by the Township or so designated in the official street ordinances, Master Plan or Official Map of the Township.
APPROVING AUTHORITY
The Township Committee, Planning Board, or Zoning Board of Adjustment or designated officials of the Township, as the case may be.
AREA OF SHALLOW FLOODING
A designated AO, AH, or VO Zone on a community's Flood Insurance Rate Map with a 1% or greater chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding of sheet flow.
AREA OF SPECIAL FLOOD HAZARD
Land area subject to a 1% or greater chance of flooding in any given year and delineated in the Flood Insurance Study as the 100-year flood.
ARTERIAL STREET
A heavy traffic street of considerable continuity and used primarily as a traffic artery for intercommunication among large areas.
ARTIFICIAL WETLAND
A man-made freshwater wetland.[1]
AVERAGE LOT AREA
The sum of the area of all house lots, together with the area of all lots to be devoted to common open space, divided by the total number of house lots.
[Removed by Ord. No. 377-2017]
BANQUET FACILITY
An establishment where food and drink are prepared, served, and consumed on premises for scheduled, privately organized parties.
BASE FLOOD
The flood having a 1% chance of being equaled or exceeded in any given year, also known as the "100-year flood."
BASEMENT
Any area of the building having its floor sub-grade (below ground level) on all sides.
[Removed by Ord. No. 377-2017]
BLOCK
The area of land within bounding roads providing for convenient access, circulation, control and safety of street traffic, sufficiently large to accommodate the size of lot required in that area by this Ordinance.
BOARD OF ADJUSTMENT
The Zoning Board of Adjustment of the Township of Long Hill.
BOARDER OR ROOMER
A person who is not related to the head of the household and who pays for the privilege of boarding or rooming within a single family residence.
BREAKAWAY WALL
A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.
BUILDING
A combination of materials forming a construction adapted to permanent, temporary or continuous occupancy and having a roof.
BUILDING MASS
The three dimensional bulk of a structure formed by its height, width and depth.
BUSINESS OFFICE
The office of any business establishment, other than a medical or professional office.
[Removed by Ord. No. 377-2017]
CARTWAY
The paved area of a street right-of-way, including travel lanes and parking areas, but not including shoulders, curbs, sidewalks, or swales.
CERTIFICATE OF APPROVAL
A certificate issued in accordance with the Uniform Construction Code upon the completion of work that requires a construction permit but not a certificate of occupancy.
CERTIFICATE OF CONTINUED OCCUPANCY
A certificate issued by the Construction Official acknowledging that as a result of a general inspection of the visible parts of a building or structure that no work requiring a construction permit has been determined to have occurred and no unsafe conditions or violations of the Uniform Construction Code have been found.
CERTIFICATE OF CONTINUED ZONING COMPLIANCE
A certificate issued by the Zoning Officer upon a change of ownership, use, occupancy or tenancy of any nonresidential property or part thereof acknowledging that the change complies with all requirements and conditions of this Ordinance and any preexisting approval granted by any approving authority.
CERTIFICATE OF OCCUPANCY
A certificate issued by the Construction Official upon completion of work that was authorized by and in compliance with the construction permit issued therefor and in compliance with the Uniform Construction Code.
CERTIFICATE OF ZONING COMPLIANCE
A certificate issued by the Zoning Officer after the completion of any work contemplated by a zoning permit upon a finding that the work performed continues to meet all of the requirements and conditions of this Ordinance and any approval granted by an approving authority.
CHILD-CARE CENTER
An establishment providing for the care, supervision, and protection of children.
CHURCH
A building or group of buildings, including customary accessory buildings, designed or intended for public worship. For the purpose of this Ordinance, the word "church" shall include chapels, congregations, cathedrals, temples and similar designations, as well as parish houses, convents and similar uses.
COLLECTOR STREET
A street that collects traffic from minor streets and connects with arterial streets.
COMMERCIAL VEHICLE
Any motor vehicle, other than a passenger car, having more than two axles and/or four wheels and/or exceeding a loading capacity of 3/4 ton.
COMMON OPEN SPACE
An open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development or, in the case of Township open space, for the residents of the Township. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of its intended users.
COMMUNITY RESIDENCE
A community residence for the developmentally disabled licensed pursuant to P.L. 1977, c. 448 (C.30:11B-1 et seq.) providing food, shelter and personal guidance, under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, half-way houses, intermediate care facilities, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health care facility within the meaning of the "Health Care Facilities Planning Act" (P.L. 1971, c.136;C.26:2H-1 et seq.). In the case of such community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services.
COMMUNITY SHELTER
A community shelter for victims of domestic violence approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L. 1979, c. 337 (C.30:40-1-14) providing food, shelter, medical care, legal assistance, personal guidance, and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.
COMPATIBLE
The visual relationship, in terms of a consistency of materials, colors, building elements, building mass, and other man-made elements of the urban environment, such that abrupt or severe differences are avoided.
COMPLETE APPLICATION
An application form completed as specified by this chapter and the rules and regulations of the Township and all accompanying documents required by this chapter for approval of the application for development and the submission of all required fees and professional review escrow funds.
CONCEPT PLAN
An informal sketch or map of a proposed subdivision, site plan or other development proposal of sufficient detail to be used for the purpose of discussion and/or classification under the concept review procedures of this Ordinance.
CONCEPT REVIEW
The informal review of a plan for development that carries no vesting rights or obligations on any party.
CONDITIONAL USE
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this Ordinance and upon the issuance of an authorization therefor by the Planning Board.
CONSTRUCTION PERMIT
Authorization issued by the Construction Official in accordance with the Uniform Construction Code for the commencement of the construction, reconstruction, repair, structural alteration, rehabilitation, placement, relocation, addition to or demolition of a building or structure or part thereof.
CRITICAL AREA
The combined area of any portion of a site having an average slope of 15% or greater measured across 10 vertical feet of contour; and/or an area of special flood hazard; and/or any wetlands area.
CURTAIN WALL
A nonstructural building wall, usually window or window panel dominated.[2]
DEAD-END STREET
A minor street used primarily for access to abutting properties with only one outlet and a turn around at the closed end.
DENSITY
The permitted number of dwelling units per gross acre of land to be developed.
DENSITY MODIFICATION RESIDENTIAL DEVELOPMENT
Any major subdivision in the C, R-2, R-3 or R-4 zones employing the reduction in lot area provisions of this Ordinance and approved as a density modification subdivision by the Planning Board.
DESIGN ENHANCEMENT FEATURE
Any portion of a sign structure intended to improve the physical appearance of a sign, including roofs, columns, railroad ties, lattice and other decorative features. Design enhancement features that provide sign functions of any kind shall be included in the sign area calculations.
DETENTION BASIN
An impoundment area created by constructing an embankment, excavating a pit, or both, for the purpose of temporarily storing stormwater.
DETENTION FACILITY
A detention basin or alternative structure designed to temporarily store stormwater runoff.
DEVELOPMENT
The division of a parcel of land into two or more parcels; the adjustment of any lot line; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; and any use or extension of the use of land for which approvals may be required by this Ordinance.
[Removed by Ord. No. 377-2017]
DIVERSION
A channel with or without a supporting ridge on the lower side, constructed across or at the bottom of a slope.
DRYWELL
A covered pit with an open, jointed lining through which water is piped or directed from roofs, basement floors, other impervious surfaces, swales or pipes to seep or percolate into the surrounding soil.
DWELLING
A building or portion thereof designed, occupied or intended for occupancy as a separate living quarter with cooking, sleeping and sanitary facilities for the exclusive use of the occupants thereof. The term "dwelling" shall include the term "residence."
DWELLING, SINGLE FAMILY
A detached building or dwelling unit designed for or occupied exclusively by one or more persons living as a single, nonprofit housekeeping unit.[3]
EMBANKMENT
Man-made deposit of soil, rock or other materials.
EQUINE RELATED ACTIVITIES
A farm that is used for the breeding, boarding and/or riding of horses, all as more particularly set forth in §§ 124.10 and 124.14 of this Ordinance.
EROSION
The detachment and movement of soil or rock fragments by the action of wind, water, gravity or ice.
EXCAVATION OR CUT
Any act by which land or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.
EXCEPTION
A grant of relief from the requirements of this Ordinance, which permits construction in a manner otherwise prohibited where specific enforcement would result in unnecessary hardship.
EXISTING GRADE
The vertical location of the existing surface of land prior to grading, excavation or other activity which may or does change that vertical location.
EXPANSIVE BLANK WALL
One wall of a building, constructed in a single plane, which exceeds eight feet in height and 40 feet in length, utilizes only one building material, and does not provide any openings in the form of windows or doors.
[Removed by Ord. No. 377-2017]
FAMILY
A group of individuals not necessarily related by blood, marriage, adoption, or guardianship living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability.
FAMILY DAY CARE HOME
A private residence which is registered as a family day care home pursuant to the "Family Day Care Provider Registration Act," P.L. 1987, c.27 (C.30:5B16 et seq.) and is further defined as a private residence in which child care services are provided for a fee to not less than three and no more than five children at any one time for no less than 15 hours per week; except that this definition shall not exclude a family day care home with less than three children from voluntary registration pursuant to the Act.[4]
FARMSTAND
A freestanding structure located in the Township and meeting all applicable Township zoning requirements from which agricultural products and related products are sold, at least 50% of which are produced by the operator of the farmstand, either on the site on which the stand is located or at other sites.
[Removed by Ord. No. 392-2016]
FINAL PLAT
The map of all or a section of a subdivision which is presented to the approving authority for final approval in accordance with the provisions of this Ordinance and which, if approved, shall be filed in the office of the proper County Recording Officer.
FINANCIAL INSTITUTIONS AND SERVICES
Establishments such as banks and savings and loans, credit agencies, investment companies, brokers and dealers of securities and commodities, security and commodity exchanges, insurance agents and buyers, sellers, agents, and developers of real estate.
FINISHED GRADE
The final grade or elevation of the ground surface conforming to the proposed design.
[Removed by Ord. No. 377-2017]
FLOOD HAZARD AREA
The areas of any project as identified by the map referred to in Subsection 143.3b of this Ordinance. The term "flood hazard area" includes the terms "area of special flood hazard" and "floodplain."
FLOOD INSURANCE RATE MAP
The official map, dated September 21, 2001, on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the Township.
FLOOD INSURANCE STUDY (FIS)
The official report provided dated September 21, 2001 in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Insurance Rate Map and the water surface elevation of the base flood.
FLOOD OR FLOODING
A general or temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters and/or (2) the unusual or rapid accumulation or runoff of surface waters from any source.
FLOOD PLAIN MANAGEMENT REGULATIONS
Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a flood plain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such State or local regulations, in any combination thereof, which provides standards for the purpose of flood damage prevention and reduction.
FLOODWAY
The channel of a river or other watercourses and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.
FLOOR AREA
The area in square footage of all floors, of all stories above grade of a building, computed by measuring the dimensions at the outside walls, without deductions for stairwells, cathedral ceilings and like features, but excluding garages and basements.
FLOOR AREA RATIO
The sum of the floor area compared to the total area of the site.
FLY ASH
Particles of gasborne matter, not including process material, arising from the combustion of solid fuel such as coal or wood.
GARAGE, PRIVATE
A detached accessory building, or portion of a main building, which provides for the storage of motor vehicles and in which no occupation, business or service for profit is carried on.
GASOLINE SERVICE STATION SIGN
Any sign used to display the products, services and prices available at an automobile service station.
GRADING
Any stripping, cutting, filling or stockpiling of land or any combination thereof.
GREAT SWAMP STREAM CORRIDOR PRESERVATION AREA
An area along and adjacent to a stream within the Great Swamp watershed within which it is the policy of the municipality to preserve all lands in their natural state to the greatest extent possible. Section 146 of this Ordinance specifies the lands that constitute the Great Swamp Stream Corridor Preservation Area.
GROCERY STORE
A commercial establishment, commonly known as a supermarket, food or grocery store, primarily engaged in the retail sale of canned foods and dry goods, such as tea, coffee, spices, sugar, and flour; fresh fruits and vegetables; and fresh and prepared meats, fish and poultry, occupying 80,000 square feet or less.
[Removed by Ord. No. 377-2017]
HAIRPIN MARKING
A painted, U-shaped double line separating parking spaces.
HANDICAPPED PARKING (SPACE)
See "accessible parking (space)."
[Added 4-8-2020 by Ord. No. 455-20]
HEIGHT OF BUILDING
The vertical distance from the lowest ground elevation around the foundation to the level of the highest elevation point of the roof surface.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed walls of the structure.
HISTORIC STRUCTURE
Any structure that is:
1. 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
2. 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district preliminarily determined by the Secretary to qualify as a registered historic district;
3. 
Individually listed on a State inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
4. 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(a) 
By an approved State program as determined by the Secretary of the Interior; or
(b) 
Directly by the Secretary of the Interior in states without approved programs.
HOME OFFICE
A business, medical or professional office located in the practitioner's single family dwelling as an accessory use. For purposes of this Ordinance a family day care center shall be considered a home office.
HOMEOWNERS' ASSOCIATION
An incorporated nonprofit organization operating in a development under recorded land agreements through which:
1. 
Each lot owner shall be a member.
2. 
Each occupied dwelling unit is subject to a charge for a proportionate share of the expenses for the organization's activities and maintenance, including any maintenance costs levied against the association by the Township.
3. 
Each owner and tenant has a right to use the common property.
HOUSE PETS
Cats, dogs, fish, birds, rabbits, hamsters, gerbils and any other similar creatures customarily treated as pets and limited to household enjoyment and companionship.
HUMAN SCALE
The visual relationship, of a particular building, structure, or streetscape element, to the human form and function.
[Removed by Ord. No. 377-2017]
INDUSTRIAL USES
Those fields of economic activity including the manufacturing, packing, processing, storage, treatment or design of: food; personal care products; textiles, pharmaceuticals; gases and/or chemicals as defined as hazardous by the NJDEP; apparel; furniture; paper; instruments; transportation equipment; tools; plastics; industrial and commercial machinery, equipment and parts; communications equipment and accessories; computer and computer-related parts, accessories and equipment; office equipment; electrical appliances; household appliances; printing, publishing and silk-screening; firearms and explosives; wholesale trade; warehousing; and similar products, processes, supplies and services.
INFILTRATION FACILITY
Any structure or device designed to infiltrate retained water to the subsurface and which is not an injection well. These facilities may be above grade or below grade. "Above grade infiltration facilities" temporarily impound surface water runoff above grade, to a maximum depth of two feet, with all retained water infiltrated to recharge. "Below grade infiltration facilities" temporarily retain surface water runoff below grade in the interstices of coarse aggregate, or other porous media, with all retained water infiltrated to recharge. Examples of below grade infiltration facilities include gravel surface parking areas, gravel filled trenches, and dry wells.
[Removed by Ord. No. 367-2015 § 1]
INSTITUTIONAL USES
Any semipublic use, such as, but not limited to, churches, cemeteries, lodges and similar uses.
LAND
Any ground, soil or earth, including marshes, swamps, drainageways and areas not permanently covered by water.
LAND DISTURBANCE
Any activity involving the clearing, grading, transporting, filling or excavation of land or any other activity which causes land to be exposed to the danger of erosion.[5]
LIVE ENTERTAINMENT
Music, comedy, dinner theater and similar entertainment presented as a supplemental activity to dining and drinking functions at restaurants, banquet facilities, art galleries, and bars.
LOT
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT AREA
The total square unit contents included within property lines as measured along a plane projection of said property lines.
LOT DIMENSION MODIFICATION SUBDIVISIONS
Subdivisions in the R-4 zone which meet the bulk requirements as set forth in Note 13 of the Schedule of Bulk Requirements.
LOT WIDTH
The length of the front lot line measured at the street line. For purposes of this Ordinance the required lot width must be measured along a street improved to Township standards.
LOT, CORNER
A lot at the junction of and having frontage on two or more intersecting streets.
LOT, COVERAGE
That percentage of the lot area which is devoted to improvements such as, but not limited to, buildings, structures, paved or gravel parking areas, loading areas, paved or gravel driveways and walks, pools or ponds and patios and all other paved or impervious surface areas. Gravel areas not subject to compaction (such as decorative stone used in planting beds) shall not be considered as lot coverage.
LOT, THROUGH
A lot, other than a corner lot, which fronts on two streets.
LOWEST FLOOR
The lowest floor of the lowest enclosed area including basements. An unfinished or flood resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor provided that such enclosure is not built so to render the structure in violation of other applicable nonelevation design requirements.[6]
MARGINAL ACCESS STREET
A street which is parallel to and adjacent to an arterial street and which provides access to abutting properties and protection from through traffic.
[Removed by Ord. No. 377-2017]
MASTER PLAN
The Master Plan of the Township of Long Hill, as adopted on March 26, 1996 together with any future amendments made thereto.
MEDICAL OFFICE
The office of a licensed or certified health care practitioner, including physicians, dentists, chiropractors, therapists, etc.
MINOR SITE PLAN
A development plan of one or more lots which:
1. 
Proposes new development within the scope of development specifically permitted by Subsection 162.2 of this Ordinance as a minor site plan.
2. 
Does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to this Ordinance.
3. 
Contains the information reasonably required in order to make an informed determination as to whether the requirements of approval of a minor site plan have been met.
MINOR STREET
A street which is used primarily for access to the abutting properties.
MINOR SUBDIVISION
A subdivision of land that does not involve the creation of more than two lots, a planned development, any new street or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to this Ordinance.
MULCHING
The application of plant or other suitable materials on the soil surface to conserve moisture, hold soil in place and aid in establishing plant cover.[7]
MULTIFAMILY DWELLING STRUCTURE
A building containing more than two dwelling units.
[Removed by Ord. No. 377-2017]
NATURAL GROUND SURFACE
The existing ground surface of land prior to any grading, excavation or other land disturbance.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of the flood plain regulation adopted by a community and includes any subsequent improvements to such structures.[8]
NIGHT CLUB
An establishment that is open only late at night, in which music is provided, along with space in which dancing may be conducted.
NONCONFORMING LOT
A lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this Ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTURE
A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this Ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption, revision or amendment of this Ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NONCRITICAL AREA
Any portion of a site not considered a critical area.
NONPOINT SOURCE POLLUTION
Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.
OPEN SPACE USE
Any use of open space for park or open, unroofed recreational purposes, conservation of land or other natural resources or historic or scenic purposes.
PARKING AREA
An open area, other than a street or other public way, used for the parking of motor vehicles and available for use, whether for a fee or as a service or privilege, for clients, customers, suppliers, residents or guests.
PATIO
A single or multilevel structure at or within 16 inches of the finished grade, constructed of impervious material, accessory to a principal structure, and used primarily for passive recreation. Said improved area shall be without walls, or railings of any kind and without a roof, canopy, or other, similar permanently fixed coverage.
PATIO HOME
A single-family unit on a separate lot with yard areas on three sides and attached to a similar unit on an adjacent lot. This definition shall include "zero lot line homes."
[Ord. No. 367-2015; removed by Ord. No. 377-2017]
[9]PLANNING BOARD
The Planning Board of the Township of Long Hill.
[Removed by Ord. No. 367-2015; Ord. No. 377-2017]
PRIMARY BUILDING
A building in which is conducted the principal use of the lot on which it is located. The term "primary building" shall include the term "principal building."
PRIMARY USE
The principal or predominant use of any lot or parcel. The term "primary use" shall include the term "principal use."
PROFESSIONAL OFFICE
The office of a member of a recognized profession, other than that of a licensed or certified health care practitioner, maintained for the conduct of that profession, including lawyers, engineers, accountants, architects, planners and similar professions.
PROJECT
The disturbance of more than 5,000 square feet of the surface area of land for the accommodation of construction for which the Standard Building Code of the State of New Jersey would require a building permit, except that the construction of a single-family dwelling unit shall not be deemed a "project" unless such unit is part of a proposed subdivision, site plan, zoning variance, planned development or a building permit application involving two or more such single-family dwelling units.[10]
PUBLIC UTILITY
Any public utility regulated by the Board of Regulatory Commissioners.
[Removed by Ord. No. 367-2015; Ord. No. 377-2017]
RECHARGE
The replenishment of underground water reserves.[11]
REGULATORY FLOOD
The 100-year flood along nondelineated watercourses or the flood hazard area design flood along delineated watercourse.
[Removed by Ord. No. 377-2017]
RESIDENTIAL ZONE
The C, R-2, R-3, R-4, SC, R-MF, R-MF-2, R-MF-3 and TH zone districts.
RESTAURANT
An establishment where food and drink are prepared, and served for consumption on or off premises.[12]
RETAIL SERVICE USE
Those businesses that primarily provide a service, rather than a product, to individuals, businesses and other organizations, including, but not limited to, personal services, repair shops, studios, amusement and recreational services, and health, education and social services, and museums and galleries.
RETAIL TRADE
Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.
RETENTION BASIN
An impoundment area with a permanent pool made by constructing an embankment, or excavating a pit, or both, for the purpose of permanently storing storm water. A retention basin is also called a "wet basin" or "wet detention basin."
[Removed by Ord. No. 377-2017]
SATELLITE EARTH STATION ANTENNAS
A parabolic or dish shaped antenna or any other apparatus or device which is designed for the purpose of receiving television, radio, microwave or any other form of electronic signals transmitted or relayed directly from space satellite antennas to such device.
[Removed by Ord. No. 377-2017]
SECRETARY
The Planning Board Secretary, Zoning Board of Adjustment Secretary and/or the Planning and Zoning Coordinator of the Township of Long Hill.
SEDIMENT
Solid material, both mineral and organic, that is in suspension, is being transported or has been moved from its site or origin by air, water or gravity as a product of erosion.
SEDIMENT BASIN
A barrier or dam built across a waterway or at other suitable locations to retain rock, sand, gravel, silt or other material.
SENIOR CITIZEN HOUSING
Housing especially designed and constructed for the use of elderly or handicapped families, which means families consisting of two or more persons, one of whom is 62 years of age or older or is handicapped. Such term shall also mean a single person who is 62 years of age or older or is handicapped. A person shall be considered handicapped if he or she has a physical impairment which is expected to be of long, continued and indefinite duration, substantially impedes his or her ability to live independently and is of such a nature that such disability could be ameliorated by more suitable housing conditions.
SETBACK
The distance between the building and any lot line.
SETBACK LINE
That line that is the required minimum distance from any lot line and that establishes that area within which the principal structure may be erected or placed.
[Removed by Ord. No. 377-2017]
[13]SIDEWALK
An improved path for pedestrian use outside the cartway.
[Removed by Ord. No. 367-2015; Ord. No. 377-2017]
[Removed by Ord. No. 377-2017]
[Removed by Ord. No. 377-2017]
[Removed by Ord. No. 377-2017]
SIGN PERMIT
A short form of the Zoning Permit which may be used for permanent signs when required in Subsection 155.6.
SMALL HOTEL, INN AND/OR BED AND BREAKFAST
A facility offering overnight accommodations and a morning meal in a dwelling unit provided to transients for compensation in which the owner, proprietor, and/or manager of the dwelling unit resides on premises. The facility will contain no more than 10 rental units and may include a small banquet or dining room.
SOIL
All unconsolidated mineral and organic material of whatever origin that overlies bedrock and can be readily excavated.
SOIL CONSERVATION DISTRICT
The Morris County Soil Conservation District.
SOIL CONSERVATION SERVICES
The Soil Conservation Service (now the Natural Resources Conservation Service) of the U.S. Department of Agriculture.
SOMERSET COUNTY STORM WATER DETENTION BASIN HANDBOOK
The Handbook for Storm Water Detention Basins (with supplement) dated December 1991, published by the County of Somerset, New Jersey, and any subsequent revisions or amendments thereto.
START OF CONSTRUCTION
Includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site such as the pouring of a slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent structure does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings or piers, or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STORAGE
The keeping or remaining of any item on the same premises for more than 24 hours.
STORMWATER RUNOFF
Water flow on the surface of the ground, resulting from precipitation.
STORY
That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. Any basement with more than 50% of its wall exposed above grade shall be considered a full story.
STORY, HALF
Any finished space under a gable, hip, gambrel, or other sloping roof, which has a ceiling height of 7 1/2 feet or more for no more than 50% of its total floor area. Any space with a ceiling height of 7 1/2 feet or more over more than 50% of its floor area shall be considered a full story.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing State, County or municipal roadway or which is shown upon a plat heretofore approved pursuant to law or which is approved by official action as provided by this Ordinance or which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines. The terms "street" and "street line" shall include the term "right-of-way."
STRIPPING
Any activity which removes or significantly disturbs the vegetation surface cover of land, including clearing and grubbing operations.
STRUCTURE
A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land.
STUDIO
The workshop of an artist, sculptor, photographer, or craftsperson; or a location used for instructional purposes in the arts, dance, music, martial arts, etc.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:
1. 
Any project for improvement of a structure to comply with existing governmental health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or
2. 
Any alteration of a structure listed on the National Register of Historic Places of a State Inventory of Historic Places.
SUPPORT
Any portion of a sign structure designed to elevate, suspend, anchor, brace or hold up a sign or design enhancement feature.
[Removed by Ord. No. 367-2015; Ord. No. 377-2017]
TOWNHOUSE
One single-family unit in a combination of two or more attached dwelling units in which each unit has its own front and rear access to the outside, no unit is located over another unit and each unit is separated from any other unit by one or more common fire resistant party walls. This definition shall include "patio home" and "zero lot line" home.
TOWNSHIP COMMITTEE
The Township Committee of the Township of Long Hill.
TRAILER, COACHES AND HOUSE TRAILERS
A structure designed to be towed or hauled by another vehicle, and used for short-term human occupancy, carrying of materials, goods, or objects, or as a temporary office.
TREATMENT TRAIN
A sequence of structures or devices through which runoff passes before exiting the project site. The combined characteristics of the individual structures or devices shall satisfy the performance requirements associated with the no net increase provisions of this Ordinance.
VEGETATIVE PROTECTION
Stabilization of erosive or sediment producing areas of land by covering the soil with either one or more of the following:
1. 
Permanent seeding or permanent plantings producing long term vegetative cover of land.
2. 
Short term seeding or short term plantings producing temporary vegetative cover of land.
3. 
Sodding, producing areas covered with a turf or perennial sod-forming grass.
[Removed by Ord. No. 377-2017]
VENDING MACHINE SIGN
Any sign, display or other graphic attached to a coin operated machine dispensing food, beverages or other products.
WALKWAY
A paved or surfaced area created for the purpose of pedestrian use.
[Removed by Ord. No. 377-2017]
WAREHOUSING
The use of buildings primarily for the storage of goods.
WATER QUALITY STORM
A one year frequency, twenty-four-hour storm, 2.7 inches of rainfall), using the Type III rainfall distribution recommended for New Jersey by the U.S. Soil Conservation Service or a storm of 1.25 inches of rainfall falling uniformly in two hours.
WATERCOURSE
Any natural or artificial watercourse, stream, river, creek, ditch, channel, canal, conduit, culvert, drain, gully, ravine, wash or other waterway in which water flows in a definite direction or course, either continuously or intermittently, within a definite channel, and shall include any area adjacent thereto.
WET BASIN
A detention basin designed to retain some water on a permanent basis. The term "wet basin" shall include "wet detention basin."
WETLANDS
Any area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does not support, a prevalence of vegetation typically adapted for life in saturated soil conditions commonly known as hydrophytic vegetation; provided, however, that all wetlands shall be designated using the three parameter approach recognized by the New Jersey Freshwater Wetlands Protection Act.
WHOLESALE TRADE
Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
[Removed by Ord. No. 377-2017]
YARD, FRONT
An open unoccupied space extending across the full width of the lot between the front street line and the nearest building. The depth of such space shall be the shortest distance measured from the street line to the nearest point of such building.
YARD, REAR
A space unoccupied, except by an accessory building or use as hereinafter permitted, extending across the full width of the lot between the rear extremity of any building, other than an accessory building, and the rear lot line.
YARD, SIDE
An open unoccupied space on the same lot with any building, between such building and the side lot line, extending from the front yard to the rear yard.
ZONE, BUSINESS
Includes the B-D, B-1-5, B-1-20, M, M-H, O, LI-2 and P Zones, and the VIO, PSO, PVO, RAHO and MU-O overlay zones.
[Added 4-8-2020 by Ord. No. 455-20]
ZONE, COMMERCIAL
Includes the R-MF, R-MF2, R-MF3, R-MF4, SC, B-D, B-1-5, B-1-20, M, M-H, O, LI-2 and P Zones, the C Zone (where farm and/or equine uses are conducted) and the VIO, PSO, PVO, RAHO and MU-O overlay zones.
[Added 4-8-2020 by Ord. No. 455-20]
ZONE, INDUSTRIAL
Includes the LI-2 Zone, and the VIO overlay zone.
[Added 4-8-2020 by Ord. No. 455-20]
ZONE, MIXED-USE
Includes the B-1-5, B-1-20, M and M-H Zones, and the RAHO and MU-O overlay zones.
[Added 4-8-2020 by Ord. No. 455-20]
ZONE, MULTIFAMILY
Includes the R-MF, R-MF2, R-MF3, R-MF4, SC and TH Zones, and the RAHO, MU-O and R-MF4-O overlay zones.
[Added 4-8-2020 by Ord. No. 455-20]
ZONE, NONRESIDENTIAL
Includes the B-D, B-1-5, B-1-20, M, M-H, O, LI-2 and P Zones, and the VIO, PSO, PVO, RAHO and MU-O overlay zones.
[Added 4-8-2020 by Ord. No. 455-20]
ZONE, RESIDENTIAL
Includes the C, R-2, R-3, R-4, R-5, R-MF, R-MF2, R-MF3, R-MF4, SC and TH Zones, and the RAHO, MU-O and R-MF4-O overlay zones.
[Added 4-8-2020 by Ord. No. 455-20]
ZONE, SINGLE-FAMILY
Includes the C, R-2, R-3, R-4 and R-5 zones.
[Added 4-8-2020 by Ord. No. 455-20]
ZONE, VILLAGE
Includes the B-1-5, B-1-20, M and M-H Zones.
[Added 4-8-2020 by Ord. No. 455-20]
ZONING PERMIT
A document issued by the Zoning Officer which acknowledges that a use, development, structure or building complies with the requirements and conditions of this Ordinance or approval therefor duly authorized by an approving authority.
[1]
Editor's Note: The former definition of "automobile service station," which immediately followed this definition, was repealed 4-8-2020 by Ord. No. 455-20.
[2]
Editor's Note: The former definition of "dance hall," which immediately followed this definition, was repealed 4-8-2020 by Ord. No. 455-20.
[3]
Editor's Note: The former definition of "elevated building," which immediately followed this definition, was repealed 4-8-2020 by Ord. No. 455-20.
[4]
Editor's Note: The former definition of "farm silo," which immediately followed this definition, was repealed 4-8-2020 by Ord. No. 455-20.
[5]
Editor's Note: The former definition of "large retail establishment," which immediately followed this definition, was repealed 4-8-2020 by Ord. No. 455-20.
[6]
Editor's Note: The former definitions of "manufactured home" and "manufactured home park or manufactured home subdivision," which immediately followed this definition, were repealed 4-8-2020 by Ord. No. 455-20.
[7]
Editor's Note: The former definition of "multifamily development," which immediately followed this definition, was repealed 4-8-2020 by Ord. No. 455-20.
[8]
Editor's Note: The former definition of "new manufactured home park or subdivision," which immediately followed this definition, was repealed 4-8-2020 by Ord. No. 455-20.
[9]
Editor's Note: The former definition of "planned senior residential community (PSRC)," which immediately preceded this definition, was repealed 4-8-2020 by Ord. No. 455-20.
[10]
Editor's Note: The former definition of "public uses," which immediately followed this definition, was repealed 4-8-2020 by Ord. No. 455-20.
[11]
Editor's Note: The former definition of "recreational vehicle," which immediately followed this definition, was repealed 4-8-2020 by Ord. No. 455-20.
[12]
Editor's Note: The former definition of "retail establishment (also known as retail store)," which immediately followed this definition, was repealed 4-8-2020 by Ord. No. 455-20.
[13]
Editor's Note: The former definition of "shopping center," which immediately preceded this definition, was repealed 4-8-2020 by Ord. No. 455-20.
[Ord. No. 105-2002 § 1; Ord. No. 308-13 § 4; Ord. No. 392-2016 § 3; Ord. No. 413-2018]
For the purposes of this Ordinance, the Township is hereby divided into the following zone districts:
C
Conservation
R-2
Residence
R-3
Residence
R-4
Residence
R-5
Residence
R-MF
Multifamily Residence
R-MF-2
Multifamily Residence
R-MF-3
Multifamily Residence
R-MF-4
Multifamily Residential Zone 4
TH
Townhouse
SC
Senior Citizen Housing
B-1-5
Village Business
B-1-20
Village Business
M
Millington Village Business
M-H
Meyersville Hamlet Business
O
Office Zone
B-D
Downtown Valley
PSO
Planned Shopping Overlay
VIO
Valley Industrial Overlay
PVO
Passaic Valley Overlay
LI-2
Limited Industrial
P
Public Use
Zone district boundary lines are intended to follow property lines; the center lines of streets, railroads or watercourses; or lines drawn parallel to the nearest side of a street, unless otherwise indicated on the Zoning Map. Where a vacated right-of-way is bounded on either side by more than one zone district, the former center line of such right-of-way shall become the new district boundary.
[Ord. No. 105-2002 § 2; Ord. No. 143-04 § 2; Ord. No. 236-08 § 1; Ord. No. 308-13 § 5; Ord. No. 343-2015; Ord. No. 392-2016 § 3; Ord. No. 413-2018; Ord. No. 429-2018; 4-8-2020 by Ord. No. 455-20]
a. 
The Zoning Map delineating the above districts entitled "Township of Long Hill Morris County New Jersey Zoning Map" Issue 3 dated November, 2018, which map is attached hereto, and which is incorporated herein by reference.[1] In addition, the following new zones and overlay zones are established:
1. 
R-MF-4 Block 10801 Lot 3 from O Office to R-MF-4 Multifamily Residential.
2. 
R-MF-4-O Block 11501, Lots 1 and 4, and Block 11502, Lots 1, 2, and 14 add Multifamily Residential Overlay Zone.
3. 
RAHO Block 10401, Lots 1-4 and Block 11514, Lots 6, 31-32 add Redevelopment Affordable Housing Overlay Zone.
4. 
MU-O Block 10100, Lot 7.01 and Block 12301, Lot 1 add Mixed-Use Overlay Zone.
[1]
Editor’s Note: The Zoning Map is included as an attachment to this chapter.
b. 
Where the district boundary lines do not coincide with lot lines or the center lines of the street or rights-of-way as they existed at the time of this ordinance, they shall be as designated on the Zoning Map by figures or dimensions.
Uses of land in each of the zone districts shall be limited to those expressly permitted as follows:
[Ord. No. 311-13 § 2]
a. 
Permitted Primary Uses.
1. 
Single-family detached residences with no more than one roomer or boarder per residence.
2. 
Farms and agricultural uses limited to the growing and harvesting of forage, sod, grain, seed, tree, fruit and vegetable crops. For the purposes of this subsection, "farm and agricultural uses" shall specifically not include the production, keeping or maintenance of dairy animals and products; livestock and livestock products; poultry and poultry products; and greenhouses, nurseries and similar uses.
3. 
Public uses.
4. 
Community residences and community shelters.
5. 
Density modification subdivisions, in accordance with Subsections 124.12 and 158.5.
6. 
Equine related activities, in accordance with Subsections 124.10 and 124.14.
b. 
Permitted Accessory Uses.
1. 
Signs.
2. 
Parking facilities.
3. 
Swimming pools, in accordance with Subsection 124.5.
4. 
Home offices, in accordance with Subsection 124.9.
5. 
Accessory apartments, in accordance with Subsections 124.2 and 124.3.
6. 
Senior suites, in accordance with Subsection 124.8.
7. 
Family day care homes, in accordance with the home office provisions specified in Subsection 124.9.
8. 
Satellite earth station antennas, in accordance with Subsection 124.6.
9. 
Farmstands on lots occupied by permitted farm or agricultural uses and provided that no farmstand structure shall exceed 300 square feet in area.
10. 
Keeping of horses, dairy animals, livestock and poultry, in accordance with Subsection 124.10.
11. 
Community open space.
12. 
Other accessory uses customarily incidental to a permitted primary use.
c. 
Permitted Conditional Uses.
1. 
Public utilities.
a. 
Permitted Primary Uses.
1. 
Single-family detached residences with no more than one roomer or boarder per residence.
2. 
Community residences and community shelters.
3. 
Density modification subdivisions, in accordance with Subsections 124.12 and 158.5.
4. 
Lot dimension modification subdivisions in the R-4 zone only, in accordance with Note 13 of the Schedule of Bulk Requirements.
b. 
Permitted Accessory Uses.
1. 
Signs.
2. 
Parking facilities.
3. 
Swimming pools, in accordance with Subsection 124.5.
4. 
Home offices, in accordance with Subsection 124.9.
5. 
Accessory apartments, in accordance with Subsections 124.2 and 124.3.
6. 
Senior suites, in accordance with Subsection 124.8.
7. 
Family day care homes, in accordance with the home office provisions of Subsection 124.9.
8. 
Satellite earth station antennas, in accordance with Subsection 124.6.
9. 
Keeping of horses, dairy animals, livestock and poultry, in accordance with Subsection 124.10.
10. 
Community open space.
11. 
Other accessory uses customarily incidental to a permitted primary use.
c. 
Permitted Conditional Uses.
1. 
Public and institutional uses.
2. 
Public utilities.
3. 
Planned Senior Residential Communities in R-4 zone only.
a. 
Permitted Primary Uses.
1. 
Townhouses (excluding R-MF-3).
2. 
Apartments (in R-MF-2 and R-MF-3 Zones only).
3. 
Community residences and community shelters.
b. 
Permitted Accessory Uses.
1. 
Signs.
2. 
Parking facilities.
3. 
Home office, in accordance with Subsection 124.9.
4. 
Recreational facilities.
5. 
Community open space.
6. 
Family day care homes, in accordance with the home office provisions specified in Subsection 124.9.
7. 
Other accessory uses customarily incidental to a permitted primary use.
c. 
Permitted Conditional Uses.
1. 
Public and institutional uses.
2. 
Public utilities.
[Ord. No. 413-2018 § 1]
a. 
Purpose. The purpose of the R-MF-4 Zone district is to provide zoning for affordable housing which allows a realistic opportunity for the construction of very low, low and moderate income housing.
b. 
Location. The location of the R-MF-4 Zone applies to a lot on the south side of Valley Road, east of Mountain Avenue. This lot is known as Block 10801, Lot 3.
c. 
Permitted Uses. Multi-family dwelling units for the provision of inclusionary affordable housing pursuant to the "Low- and Moderate-Income Housing Requirements" below shall be permitted uses in the R-MF-4 Zone district.
d. 
Low and Moderate Income Housing Requirements.
1. 
This property shall be used for inclusionary affordable housing multi-family dwelling units.
2. 
The minimum lot area shall be not less than five acres.
3. 
The maximum density for residential development shall not exceed 12 dwelling units per acre.
4. 
Not less than 15% of the total number of units shall be affordable to very low, low and moderate income households or 20% of any for sale units. Any computation resulting in a fraction of less than 0.5 shall be rounded down; any computation resulting in a fraction of more than or equal to 0.5 shall be rounded up.
5. 
The affordable units must meet the income and bedroom distribution requirements of N.J. Stat. § 52:27D-329.1 and N.J.A.C. 5:80-26.3.
6. 
These bulk standards shall apply to development in the R-MF-4 Zone:
(a) 
Minimum lot size: five acres.
(b) 
Minimum lot width: 250 feet.
(c) 
Maximum building height: three stories or 45 feet.
(1) 
Buildings facing Valley Road may not exceed 2.5 stories or 35 feet.
(d) 
Minimum front yard: 50 feet.
(e) 
Minimum side yard: 30 feet.
(f) 
Minimum rear yard: 50 feet.
(g) 
Maximum building coverage: 20%.
(h) 
Maximum lot coverage: 40%.
(i) 
Floor area ratio: 0.5.
(j) 
Buffer: 10 feet.
a. 
Permitted Primary Uses.
1. 
Senior citizen housing, 100% of which shall be "affordable" as that term is defined in the substantive rules of the New Jersey Council On Affordable Housing (N.J.A.C. 5:93-1.3 et seq.) as supplemented and amended.
2. 
Community residences and community shelters.
b. 
Permitted Accessory Uses.
1. 
Signs.
2. 
Parking facilities.
3. 
Recreational facilities.
4. 
Community open space.
5. 
Other accessory uses customarily incidental to a permitted primary use.
c. 
Permitted Conditional Uses.
1. 
Public and institutional uses.
2. 
Public utilities.
[Ord. No. 24A-99 § 1; Ord. No. 08-236 § 3]
a. 
Permitted Primary Uses.
1. 
Retail trade uses, including food and convenience stores; automobile parts, home, garden and hobby supply stores; florists; bakeries, pharmacies; general merchandise, clothing and antique stores; and newsstands.
2. 
Retail service uses, including barber shops and hair salons; health clubs; fitness centers; repair shops; and studios.
3. 
Business, medical and professional offices.
4. 
Restaurants.
5. 
Financial institutions.
6. 
Apartments, in accordance with the provisions of Subsection 124.1.
7. 
Child care centers.
8. 
Any other use, in the opinion of the approving authority, primarily intended to serve a village business function or which in the opinion of the approving authority is substantially similar to those identified in this subsection.
b. 
Permitted Accessory Uses.
1. 
Signs.
2. 
Parking facilities.
3. 
Satellite earth station antennas, in accordance with Subsection 124.6.
4. 
Live entertainment at restaurants and existing bars.
5. 
Other accessory uses customarily incidental to a permitted primary use.
c. 
Permitted Conditional Uses.
1. 
Outdoor dining at permitted restaurant uses.
2. 
Public and institutional uses.
3. 
Public utilities.
4. 
Drive-up windows for pharmacy uses.
[Ord. No. 24A-99 § 1; Ord. No. 08-236 § 3; Ord. No. 392-2016 § 4]
a. 
Permitted Primary Uses.
1. 
Retail trade uses, including: supermarkets, food and convenience stores, home, garden supply and nursery centers, hobby supply stores, florists, bakeries, pharmacies and drug stores, general merchandise, clothing and antique stores, sporting equipment, furniture stores, and wine and liquor stores.
2. 
Retail service uses, including barber shops and hair/beauty salons, repair shops, dry cleaners, and tailors.
3. 
Business and professional offices.
4. 
Medical and dental offices and clinics.
5. 
Financial institutions.
6. 
Restaurants, including outdoor dining and live entertainment.
7. 
Banquet facilities, including outdoor dining and live entertainment.
8. 
Child care centers and nursery schools.
9. 
Small hotel, inn or bed & breakfast establishments.
10. 
Funeral homes.
11. 
Health clubs, fitness centers.
12. 
Recreational uses utilizing the Passaic River that provide water craft that do not require a license.
13. 
Recreational uses.
14. 
Non-profit membership organizations and fraternal organizations.
15. 
Movie theaters of up to six screens and taverns with live music.
16. 
Arts Centers including live entertainment venues and/or instruction in any of the arts.
17. 
Art Galleries and studios.
18. 
Any other use, in the opinion of the approving authority, substantially similar to those identified in this subsection.
b. 
Permitted Accessory Uses.
1. 
Signs.
2. 
Parking facilities.
3. 
Satellite earth station antennas, in accordance with Subsection 124.6.
4. 
Street furniture and other pedestrian amenities.
5. 
Bicycle parking facilities.
6. 
Amenities which encourage pedestrian traffic by removing natural or man-made barriers to circulation.
7. 
Drive up windows for banks and pharmacies.
8. 
Any other accessory use, which in the opinion of the approving authority is customarily incidental or accessory to a permitted primary use.
c. 
Permitted Conditional Uses.
1. 
Public and institutional uses.
2. 
Public utilities.
d. 
Prohibited Uses.
Single family detached residences or any other residential uses on the first floor.
e. 
All development in the zone shall conform to the Township architectural standards in Section 152 of this Ordinance, and the landscaping standards of Section 153 of this Ordinance.
[Ord. No. 08-236 § 2]
a. 
Permitted Primary Uses.
1. 
Business, medical and professional offices.
2. 
Restaurants and catering halls.
3. 
Medical and dental clinics.
4. 
Nursery schools.
5. 
Financial institutions.
6. 
Funeral homes.
7. 
Child care centers.
8. 
Fitness centers.[1]
[1]
In a report dated December 1, 2008, the Planning Board made the following recommendations to the Township Committee:
Re: Ordinance #236-08 - The Planning Board felt that the proposed ordinance, as written, is inconsistent with the Township Master Plan. Changes recommended were to move the former Elm Street School property (formerly known as Block 148, Lot 14 and a portion of Lot 23, and now known as Block 13006, Lot 14) from the P-Public Zone to the O-Zone, with the addition of fitness centers as a permitted use in the O-Zones.
This ordinance was amended at the December 3, 2008 public hearing to comply with the Planning Board's recommendation.
b. 
Permitted Accessory Uses.
1. 
Signs.
2. 
Parking facilities.
3. 
Satellite earth station antennas, in accordance with Subsection 124.6.
4. 
Live entertainment at restaurants and existing bars.
5. 
Other accessory uses customarily incidental to a permitted primary use.
c. 
Permitted Conditional Uses.
1. 
Outdoor dining at permitted restaurant uses.
2. 
Public and institutional uses.
3. 
Public utilities.
[Ord. No. 24A-99 § 1; Ord. No. 236-08 § 3; Ord. No. 282-11 § 2; Ord. No. 392-2016]
[1]
Editor's Note: Former B-3 Zone, Planned Shopping, repealed by Ord. No. 392-2016.
[Ord. No. 08-236 § 3]
a. 
Permitted Primary Uses.
1. 
The manufacturing, packing, processing, treatment or design of food, personal care, textile, pharmaceutical, apparel, furniture, paper, instruments, transportation equipment and similar products, supplies and services.
2. 
The manufacturing, packing, processing, treatment or design of products, tools, plastics and industrial and commercial machinery, equipment and parts.
3. 
The manufacturing, packing, processing, servicing and design of computer and related parts and instruments, office equipment, electrical appliances, domestic appliances and related products, supplies and services.
4. 
Research laboratories.
5. 
Recording studios.
6. 
Printing, publishing, silk screening and similar processing and services.
7. 
Wholesale trade.
8. 
Warehousing.
9. 
Business, medical and professional offices.
10. 
Child care centers.
11. 
Any other use, in the opinion of the approving authority, substantially similar to those identified in this subsection.
b. 
Permitted Accessory Uses.
1. 
Signs.
2. 
Parking facilities.
3. 
Satellite earth station antennas, in accordance with Subsection 124.6.
4. 
Outdoor vehicle storage, provided no vehicle has more than a single rear axle and that any trailer also stored on the site bears a direct business relationship to the vehicles parking on the property and further provided that the screening requirements of this Ordinance are met. The number of vehicles on any one site shall be determined during site plan review.
5. 
Other accessory uses customarily incidental to a permitted primary use.
c. 
Permitted Conditional Uses.
1. 
Public and institutional uses.
2. 
Public utilities.
[Ord. No. 105-2002 § 3]
a. 
Permitted Primary Uses.
1. 
Public uses and facilities.
2. 
Parks and open space.
3. 
Child care centers.
4. 
Any other use, in the opinion of the approving authority, substantially similar to those identified in this subsection.
b. 
Permitted Accessory Uses.
1. 
Signs.
2. 
Parking facilities.
3. 
Fences and walls.
4. 
Enclosed trash and refuge storage.
5. 
Satellite earth station antennas, in accordance with the provisions of Subsection 124.6.
6. 
Other accessory uses customarily subordinate and incidental to a permitted primary use.
c. 
Permitted Conditional Uses.
1. 
Professional offices, in accordance with the definition of such uses found in Section 111.
2. 
Public utilities.
[Ord. No. 308-13 § 1]
a. 
Purpose. The purpose of the M-H Meyersville Hamlet District Zone is to preserve a quiet, peaceful and unrushed corner of Long Hill. The hamlet of Meyersville serves as a gateway to the Great Swamp National Wildlife Refuge, a major recreational asset and a defining feature of the rural essence of Long Hill Township.
b. 
Permitted Primary Uses.
1. 
Retail trade uses, including food and convenience stores; home, garden and hobby supply stores; florists; bakeries, pharmacies; general merchandise, clothing and antique stores; and newsstands.
2. 
Retail service uses, including barber shops and hair salons; health clubs; fitness centers; and studios.
3. 
Business, medical and professional offices.
4. 
Restaurants.
5. 
Financial institutions.
6. 
Apartments, in accordance with the provisions of Subsection 124.1.
7. 
Child care centers.
8. 
Live/work residential units for artists, artisans, professionals and Internet entrepreneurs on the first floor of the building. Residential living quarters may only occupy the upper floors. The live/work studio will devote the ground floor to the creation, display or sale of art or other business interest of the resident artist, artisan, professional or Internet entrepreneur. Only the artists, artisans, professionals and Internet entrepreneurs and their family may occupy the live/work residential units. Renting or subleasing of live/work residential units is not permitted.
9. 
Any other use, in the opinion of the approving authority, primarily intended to serve a village business function or which in the opinion of the approving authority is substantially similar to those identified in this subsection.
c. 
Permitted Accessory Uses.
1. 
Signs.
2. 
Parking areas.
3. 
Satellite earth station antennas, in accordance with Subsection 124.6.
4. 
Live entertainment at restaurants and existing bars.
5. 
Other accessory uses customarily incidental to a permitted primary use.
d. 
Permitted Conditional Uses.
1. 
Outdoor dining at permitted restaurant uses.
2. 
Public and institutional uses.
3. 
Public utilities.
e. 
Prohibited Uses.
1. 
Drive-in use and/or drive-up window.
2. 
Auto parts stores.
3. 
Any service or repair of any device powered by gasoline, diesel fuel, kerosene, propane or any other fuel.
[Ord. No. 392-2016 § 4]
The Planned Shopping Overlay applies only to properties within the B-D zone specifically marked on the Zoning Map as B-D/PSO. Primary, accessory and conditional uses are identical to the B-D zone.
The purpose of the Planned Shopping Overlay (PSO) is to identify the Township's main commercial area, which contains the Township's primary retail sales and service establishments. The goals of the Overlay are to insure that future development in this area is oriented to the shopping, service and other needs of Township and area residents; and to encourage the upgrading and beautification of properties in this area for the purpose of creating a visually cohesive business district, including improved building design, landscaping, signage, screening and other site improvements.
[Ord. No. 392-2016 § 4]
The Valley Industrial Overlay applies only to properties within the B-D zone specifically marked on the Zoning Map as VIO.
The purpose of this Overlay is to identify existing industrial development in this area; to encourage an upgrading and beautification of existing light industrial land uses and to ensure that such land uses do not negatively impact surrounding development. Very few uses are allowed in this Overlay, which is limited to those uses already existing and other allowed uses within the B-D zone. Existing businesses are encouraged to continue but no additional uses are allowed. It is also designed for those existing and allowed industrial and commercial uses which have a minimum of environmental impacts but have traffic, or utilitarian or operational requirements that make them more appropriately located adjacent to compatible land uses, rather than residential uses.
a. 
Permitted Primary Uses.
1. 
All primary uses permitted in the B-D zone.
2. 
Garden supply.
3. 
Small scale warehouse or logistics uses.
4. 
Small-scale manufacturing and assembly.
5. 
Small-scale construction yard.
b. 
Permitted Accessory Uses.
1. 
All accessory uses permitted in the B-D zone.
2. 
Outdoor vehicle storage. The number and type of vehicles on any site shall be determined as part of a site plan application.
c. 
Permitted Conditional Uses.
1. 
All conditional uses permitted in the B-D zone.
[Ord. No. 392-2016 § 4]
The Passaic Valley Overlay applies to those properties south of Valley Road, west of Plainfield Road, north of Bay Street and east of Poplar Drive.
The purpose of this Overlay is to promote a more walkable Downtown Valley Commercial zone district by allowing a larger lot coverage percentage than is allowed elsewhere in the zone. The existing properties have existing lot coverage that is substantially higher than what is currently allowed in the zone. This Overlay will allow those properties to continue in their current configuration.
a. 
Permitted primary Uses.
1. 
All primary uses in the B-D zone.
b. 
Permitted Accessory Uses.
1. 
All accessory uses allowed in the B-D zone.
c. 
Permitted Conditional Uses.
1. 
All Conditional Uses allowed in the B-D zone.
[Ord. No. 413-2018 § 2]
a. 
Purpose. The purpose of the R-MF-4-0 Multifamily Residential 4 Overlay Zone is to provide zoning for affordable housing which allows a realistic opportunity for the construction of very low, low and moderate income housing.
b. 
Location. The location of the R-MF-4-O Zone applies to lots on the east side of Warren Avenue, between the PSEG/JCPL transmission Right of Way and Morris Street, consisting of Block 11501, Lots 1 and 4, and Block 11502, Lots 1, 2, and 14.
c. 
Permitted Uses. Multi-family dwelling units for the provision of inclusionary affordable housing pursuant to the "Low- and Moderate-Income Housing Requirements" below shall be permitted uses in the R- MF-4-O Zone district in addition to those uses already permitted by the underlying zone district.
d. 
Zone Standards.
1. 
The properties specified in this location shall be used for inclusionary affordable housing multi-family dwelling units.
2. 
The minimum lot area shall be not less than seven acres.
3. 
The maximum density for residential development shall not exceed 12 dwelling units per acre.
4. 
Not less than 15% of the total number of units shall be affordable to low-and moderate-income households or 20% of any for sale units. Any computation resulting in a fraction of less than 0.5 shall be rounded down; any computation resulting in a fraction of more than or equal to 0.5 shall be rounded up.
5. 
The affordable units must meet the income and bedroom distribution requirements of N.J. Stat. § 52:27D-329.1 and N.J.A.C. 5:80-26.3.
6. 
These bulk standards shall apply to development in the R-MF-4-O Zone:
(a) 
Minimum lot size: seven acres.
(b) 
Minimum lot width: 700 feet along Warren Avenue.
(c) 
Maximum building height: three stories or 45 feet.
(d) 
Minimum front yard: 50 feet.
(e) 
Minimum side yard: 30 feet.
(f) 
Minimum rear yard: 50 feet.
(g) 
Maximum building coverage: 20%.
(h) 
Maximum lot coverage: 40%.
(i) 
Floor area ratio: 0.5.
(j) 
Buffer: 10 feet.
[Ord. No. 413-2018 § 2]
a. 
Purpose. The purpose of the RAHO Redevelopment Affordable Housing Overlay Zone is to provide zoning for affordable housing which provides for the realistic opportunity for the construction of very low, low and moderate-income housing in the Valley Road Redevelopment Area.
b. 
Location. The RAHO Zone applies to the Valley Road Redevelopment Area located along Valley Road east of Main Avenue and comprising of Block 10401, Lots 1-4 and Block 11514, Lots 6, 31-32.
c. 
Permitted Uses. Multi-family dwelling units for the provision of inclusionary affordable housing pursuant to the "Low- and Moderate-Income Housing Requirements" below shall be permitted uses in the RAHO Zone district in addition to those uses already permitted by the underlying zone district.
d. 
Low and Moderate-Income Housing Requirements.
1. 
If redevelopment is undertaken in this zone, the proposed development shall include inclusionary affordable housing.
2. 
The minimum lot area shall be not less than two acres.
3. 
The maximum density for residential development shall not exceed 15 dwelling units per acre.
4. 
Not less than 15% of the total number of units shall be affordable to very low, low and moderate-income households or 20% of any for sale units. Any computation resulting in a fraction of less than 0.5 shall be rounded down; any computation resulting in a fraction of more than or equal to 0.5 shall be rounded up.
5. 
The affordable units must meet the income and bedroom distribution requirements of N.J. Stat. § 52:27D-329.1 and N.J.A.C. 5:80-26.3.
6. 
These bulk standards shall apply to development in the RAHO Zone:
(a) 
Minimum lot size: two acres.
(b) 
Minimum lot width: 350 feet along Valley Road.
(c) 
Maximum building height: three stories or 45 feet.
(d) 
Minimum front yard: 20 feet.
(e) 
Minimum side yard: 15 feet.
(f) 
Minimum rear yard: 20 feet.
(g) 
Maximum building coverage: 40%.
(h) 
Maximum lot coverage: 60%.
(i) 
Floor area ratio: 0.6.
(j) 
Buffer: 10 feet.
[Ord. No. 413-2018]
a. 
Purpose. The purpose of the MU-O Overlay Zone district is to provide zoning for affordable housing which allows a realistic opportunity for the construction of very low, low and moderate income housing.
b. 
Location. The location of the MU-O Zone is at the corner lot on the north side of Stone House Road and the west side of Division Avenue extending north to the NJ Transit railroad. This property is known as Block 10100, Lot 7.01 and Block 12301, Lot 1.
c. 
Permitted Uses. Commercial uses consisting of retail, personal services, restaurants and offices and multi-family dwelling units for the provision of inclusionary affordable housing pursuant to the Zone Standards below shall be permitted uses in the MU-O Zone district in addition to those uses already permitted by the underlying zone district.
d. 
Zone Standards.
1. 
The properties specified in this location shall be used for inclusionary affordable housing multi-family dwelling units.
2. 
A maximum of 10,000 SF of commercial space for retail, personal service, restaurant and office uses is allowed.
3. 
The minimum lot area shall be not less than 11 acres.
4. 
The maximum density for residential development shall not exceed 12 dwelling units per acre.
5. 
Not less than 15% of the total number of units shall be affordable to very low, low and moderate income households or 20% of any for sale units. Any computation resulting in a fraction of less than 0.5 shall be rounded down; any computation resulting in a fraction of more than or equal to 0.5 shall be rounded up.
6. 
The affordable units must meet the income and bedroom distribution requirements of N.J. Stat. § 52:27D-329.1 and N.J.A.C. 5:80-26.3.
7. 
Commercial buildings may only face Division Avenue and the NJ Transit railroad right of way.
8. 
These bulk standards shall apply to development in the MU-O Zone:
(a) 
Minimum lot size: 11 acres.
(b) 
Minimum lot width: 500 feet.
(c) 
Maximum building height:
(1) 
Two and half stories or 35 feet for buildings facing Division Avenue (east boundary line) or the NJ Transit Railroad tracks (north boundary line).
(2) 
Maximum three stories or 45 feet for buildings facing Stone House Road (south boundary line) and in the interior of the property.
(d) 
Minimum front yard:
(1) 
Fifty feet on Division Avenue.
(2) 
Commercial buildings facing Division Avenue shall have a twenty-foot front yard setback.
(3) 
Thirty feet on Stone House Road.
(e) 
Minimum side yard: 30 feet.
(f) 
Minimum rear yard: 50 feet.
(g) 
Maximum building coverage: 20%.
(h) 
Maximum lot coverage: 40%.
(i) 
Floor area ratio: 0.5.
(j) 
Buffer: 10 feet.
[Ord. No. 08-236 § 3; Ord. No. 392-2016 § 5]
Except when this Ordinance permits the approving authority to approve a use which, in the opinion of the approving authority, is substantially similar to those primary uses in a particular zone, all uses not specifically permitted by this Ordinance are expressly prohibited.
[Ord. No. 392-2016 § 5]
Any use that fails to meet the performance standards of Section 144.
[Ord. No. 8-98 § 2; Ord. No. 392-2016 § 5]
The following uses are specifically prohibited in all zone districts of the Township.
a. 
Auction markets and flea markets unless conducted by Township organizations and authorized by the Township Committee.
b. 
Automobile lubrication, repair and services uses.
c. 
Automobile sales and rental uses.
d. 
Automobile service stations.
e. 
Automobile tire service centers.
f. 
Advertising billboard signs.
g. 
Car washes.
h. 
Chemical manufacturing and processing.
i. 
Industrial scale coffee roasting and processing uses.
j. 
Commercial picnic groves and carnivals, except as temporary uses by Township organizations and authorized by the Township Committee.
k. 
Drive up windows except for banks and pharmacies.
l. 
Golf driving ranges (except as permitted in the B-D Downtown Valley Commercial zone district).
m. 
Hazardous material storage and use beyond that customarily and legally permitted by a permitted primary use.
n. 
Hospitals.
o. 
Hotels and motels uses (except as permitted in the B-D Downtown Valley Commercial zone district).
p. 
Incineration uses and other uses principally involved with burning.
q. 
Junkyards, automobile wrecking or disassembly yards or the sorting or bailing of scrap metal, paper, rags, rubbish or other scrap or waste materials, except in Township recycling centers.
r. 
Lumberyards, and lumber and wood production uses including sawmills, planing mills and similar uses.
s. 
Manufacturing of stone, clay, glass and concrete products.
t. 
Mink farms, fox farms and commercial piggeries.
u. 
Movie theaters uses (except as permitted in the B-D Downtown Valley Commercial zone district).
v. 
Nightclubs and dance halls.
w. 
Outdoor storage or display of any products, goods, equipment or other material unless specifically permitted by this Ordinance.
x. 
Parking structures not attached to or part of a building housing a permitted use.
y. 
Petroleum refining uses, including the production and processing of paving and roofing materials and similar uses.
z. 
Plastic resin production.
aa. 
Primary metal uses, including steel works, blast furnaces, foundries, electroplating and similar uses.
bb. 
Rubber manufacturing, including the production of tires, inner tubes, footwear, seals, hoses, belts and similar products.
cc. 
Self-storage facilities.
dd. 
Sludge treatment facility.
ee. 
Storage of petroleum or its derivatives except when stored in underground tanks for use on the premises and not in excess of 40,000 gallons of fuel oil or 20,000 gallons of gasoline or kerosene.
ff. 
Storage yards.
gg. 
Trailers used as dwellings or for storage or for commercial activities. This does not prohibit temporary uses described in Chapter 26 of the General Ordinances.
[Amended 4-8-2020 by Ord. No. 455-20]
[Ord. No. 308-13 § 2]
Apartments permitted in the B-1-5, B-1-20, M-H and M zones shall be at least 500 square feet in gross floor area, and shall be no more than 1,000 square feet. Apartments shall not be located on the ground floor of any building, and the gross density of all apartments on the lot shall not exceed five units per acre.
[Ord. No. 392-2016 § 6]
Subject to the limitation set forth in this subsection, any single family residence located in the C, R-2, R-3, R-4 or R-5 zone may be converted to contain not more than one accessory apartment unit provided the following standards and requirements are met:
a. 
One of the dwelling units shall be occupied by a low- or moderate-income household as those terms are defined in the substantive rules of the New Jersey Council on Affordable Housing, N.J.A.C. 5:93-1.3 et seq. as supplemented and amended.
b. 
The accessory unit and the existing unit shall have separate doors with direct access to the outdoors.
c. 
The gross area of the accessory unit shall be at least 350 square feet.
d. 
The accessory unit shall have living and sleeping space, cooking facilities, a kitchen sink and a complete sanitary facility for the exclusive use of its occupants. It shall consist of not less than two rooms, one of which shall be a full bathroom, but shall have no more than two bedrooms.
e. 
At least one off-street parking space, in addition to those required for the existing dwelling, shall be provided.
f. 
The conversion shall not result in the placement of an additional door on the front facade of the structure.
g. 
The applicant shall provide a plan for the proposed conversion which provides sufficient information for the Construction Official to determine that all Ordinance requirements will be met.
h. 
The dwelling structure shall comply with all requirements for two family dwellings in accordance with the New Jersey Building Code and all the laws and housing regulations of the State and the Township.
i. 
At the time of conversion, a new deed shall be recorded in the Morris County Clerk's office containing a restriction to the effect that if the accessory unit is not occupied by a low or moderate income household as required by Subsection a above, the accessory apartment unit shall be removed and the structure shall comply with all requirements for a single family residence applicable to the zone in which it is located.
j. 
During the month of January of each year, the owner shall provided to the Code Enforcement Officer, on forms provided, a certification that the above standards and conditions are in effect.
k. 
Building permit fees and all similar Township fees shall be waived in all cases involving accessory apartment development under this subsection.
[Ord. No. 392-2016 § 6]
Subject to the limitations set forth in this subsection, any single family residential property located in the C, R-2, R-3, R-4 and R-5 zones may be improved to contain not more than one accessory apartment unit located in an accessory building on the parcel, provided the following standards and requirements are met:
a. 
There shall be a principal residential structure on the parcel which contains not more than one dwelling unit.
b. 
The accessory dwelling unit shall be occupied by a low or moderate income household as those terms are defined in the Substantive Rules of the New Jersey Council on Affordable Housing, N.J.A.C. 5:93-1.3, et seq. as supplemented and amended.
c. 
The gross floor area of the accessory dwelling unit shall be at least 350 square feet, but shall not exceed 800 square feet. The accessory unit shall have living and sleeping space, cooking facilities, a kitchen sink and a complete sanitary facility for the exclusive use of its occupants. It shall consist of not less than two rooms, one of which shall be a full bathroom, but shall have no more than two bedrooms.
d. 
The accessory dwelling unit may be located over a detached garage that serves the principal residential structure on the parcel, or may be located within an existing accessory building not used as a garage for the principal residential use.
e. 
In the case of the new accessory buildings, bulk requirements for the applicable zone shall be met.
f. 
At least one off-street parking space, in addition to those required for the existing principal dwelling on the parcel, shall be provided.
g. 
The applicant shall provide a plan for the proposed development which provides sufficient information for the Construction Official to determine that all Ordinance requirements will be met.
h. 
At the time of development, a new deed shall be recorded in the Morris County Clerk's office containing a restriction to the effect that if the accessory unit is not occupied by a low or moderate income household as required by Subsection b above, the accessory dwelling unit shall be removed.
i. 
During the month of January of each year, the owner shall provided to the Code Enforcement Officer, on forms provided, a certification that the above standards and conditions are in effect.
j. 
Building permit fees and all similar Township fees shall be waived in all cases involving accessory apartment development under this subsection.
[Ord. No. 392-2016 § 6; Ord. No. 377-2017]
a. 
There shall be provided a garage for each single family dwelling as follows:
1. 
In the C, R-2, or R-3 zones, garage space shall be provided for at least two but not more than four automobiles.
2. 
In the R-4 and R-5 zones, garage space shall be provided for at least one but not more than three automobiles.
b. 
No commercial vehicle shall be parked out-of-doors overnight in any single family residential zone. Not more than one commercial vehicle not exceeding a loading capacity of 1 1/2 tons may be garaged on each lot in a residential zone, and no commercial vehicle exceeding such loading capacity may be stored or garaged.
c. 
No vehicle containing advertising displays thereon shall be parked in any single family residential zone if the effect of such parking would be to create a sign or other advertisement not permitted by Section 155 of this Ordinance.
[Ord. No. 230-08 § 4; Ord. No. 361-2015]
A zoning permit shall be required to pave driveways, parking lots, and parking areas located in any zone. All such areas shall be included in lot coverage calculations. Paving an existing gravel driveway or repaving an existing driveway shall be exempted from the permit requirement.
[Ord. No. 230-08 § 5]
Swimming pools shall be a permitted accessory use in the C, R-2, R-3 and R-4 zones subject to the following requirements:
a. 
All swimming pools must be located upon the same lot as the principal building to which they are related.
b. 
Swimming pools shall be at least 10 feet from any principal building situated on the same lot and shall be at least six feet from any other accessory structure.
c. 
Above ground swimming pool shall be located at least 10 feet from any side or rear lot line, and below ground swimming pools shall be at least 20 feet from any side or rear lot line.
d. 
No swimming pool shall be erected in that portion of the lot forward of the front line of the principal building, or minimum required front yard setback, whichever is greater.
e. 
All swimming pools shall have adequate filtering, circulating, clarification and chlorination systems on the premises. Waste overflow or drainage water from a swimming pool shall not be allowed to drain into the sanitary sewer system of the Township, nor shall it be allowed to drain across the land of adjoining property owners.
f. 
In any case where the top of the swimming pool is at or below ground level or not in excess of two feet above ground level, the swimming pool area shall be enclosed with a substantial fence not less than four feet high.
g. 
Application for the construction of a pool shall be filed with the Construction Official showing the size and location of the pool in relation to all side and rear lot lines and the dwelling erected on the premises in question, and it shall be subject to the approval of the Construction Official.
h. 
Lights, if any, shall be restricted to such lights as shall not be a nuisance to adjoining property owners and shall not remain lighted after 10:00 p.m.
i. 
The provisions of this subsection shall not apply to a plastic, rubber or canvas pool on the ground surface containing less than 300 gallons of water.
j. 
Swimming pools shall be considered lot coverage and the area of the pool and all of its structures shall be included in all calculations of lot coverage.
[Ord. No. 194-06 § 9]
Satellite earth station antennas shall be permitted in the Township subject to the following requirements:
a. 
Each satellite earth station antenna must be accessory to a principal structure located on the same lot as the principal use for which it is accessory.
b. 
Except as provided in Subsection g hereinbelow, all satellite earth station antennas shall be located in the rear yard.
c. 
Except as provided in Subsection g hereinbelow, each satellite earth station antenna shall be a freestanding structure and shall not be located closer than 20 feet to any side or rear lot line.
d. 
Except for those satellite earth station antennas permitted by Subsection g hereinbelow, each satellite earth station antenna shall be effectively screened by evergreen plantings to be approved by the Construction Official, which plantings shall obscure the satellite earth station antenna from the view of any adjacent property or public street.
e. 
No permitted satellite earth station antenna shall have a height in excess of 12 feet, measured from the average grade elevation around its base.
f. 
Only one satellite earth station antenna shall be permitted per residential lot.
g. 
Businesses located in a nonresidential zone which use satellite earth station antennas in the conduct of their business shall be permitted to install one satellite earth station antenna on the roof of their buildings subject to the requirements of Subsection a hereinabove. One satellite earth station antenna shall be permitted per business entity. Such satellite earth station antennas shall be no higher than 12 feet above the roof elevation of the building on which it is located. Such antennas shall be screened from the view of any adjacent property or public street.
h. 
Satellite earth station antennas having a diameter of 24 inches or less shall not be subject to the requirements of this subsection.
Trailer coaches or house trailers may be permitted in any zone for a period of six months, upon application to the Construction Official for use as temporary living quarters when a dwelling is made uninhabitable by fire, flood, winds or other destruction caused by other than the occupant's willful destruction.
The establishment of a suite with separate housekeeping facilities within a single family residence for senior members of the household shall be a permitted accessory use in the C, R-2, R-3 and R-4 zones provided the following requirements are met:
a. 
The suite shall not comprise more than 650 square feet of floor area of one story of the dwelling, nor shall more than two persons occupy the suite.
b. 
The applicant shall provide a plan for the proposed separate housekeeping facility which provides sufficient information for the Construction Official to determine that all Ordinance requirements will be met.
c. 
The suite may be established upon filing a notice of intent with the Township Administrator by the owner and shall expire upon the sale or the transfer of title of the property or upon the vacation of the premises by the senior member of the household, whichever occurs first. Upon expiration, the suite shall be removed and the residence converted back to its original use.
d. 
At the time of the establishment of the senior suite, a new deed shall be recorded in the Morris County Clerk's Office containing a restriction to the effect that if the suite is not occupied and used as envisioned by this subsection it shall be removed and the residence shall comply with all requirements for a single family detached dwelling applicable to the zone in which it is located.
e. 
During the month of January of each year, the owner shall provide to the Code Enforcement Officer, on forms provided, certification that the above standards and conditions are being met.
A home office shall be permitted as an accessory use to all permitted residential uses in the Township provided that all of the following requirements are met:
a. 
Not more than 25% of the floor area of one story of the dwelling is devoted to such use.
b. 
Not more than one person not resident in the dwelling is employed by such use.
c. 
No show window, display of merchandise or product or other demonstration of such use, other than a sign as permitted by Subsection 155.2i is visible to normal observation outside the dwelling.
d. 
Off-street parking is provided in accordance with this Ordinance for both the home office and single family residential use of the property.
e. 
Home offices shall require minor site plan approval.
The keeping of horses, dairy animals, livestock and poultry shall be permitted as an accessory use to single family residences in the C, R-2, R-3 and R-4 zones subject to the following requirements:
a. 
All such animals and livestock shall be kept on the property for the primary use and enjoyment of the occupants of the single family residence on the same lot.
b. 
At least 45,000 square feet of lot area shall be provided for each horse; a barn or similar structure shall also be provided for each horse; said facility shall provide a fifty-foot setback from all property lines.
c. 
An additional 10,000 square feet of lot area shall be provided for each cow, pig, goat, sheep or llama to be kept on the property.
d. 
All animals specified in Subsection c above shall be kept in an enclosure that provides a fifty-foot setback off each property line.
e. 
The keeping of chickens, other fowl or rabbits are permitted provided the creatures are enclosed at all times and said enclosure provides a forty-foot setback from all property lines.
f. 
Manure storage resulting from any of the above activities shall be kept within a covered enclosure or pit at least 75 feet from each property line.
g. 
The regulations of this subsection shall not restrict house pets.
It is recognized that it may be in the interests of the Township and in accordance with the goals of this Ordinance to permit temporary uses for a limited period of time, which activities may not be permitted by other provisions of this Ordinance. Such uses shall be permitted if they are of such nature and are so located that at the time of application they will:
a. 
In no way exert a detrimental effect upon the lawful use of land and activities normally permitted in the zone in question.
b. 
Contribute materially to the welfare and well being of the Township.
c. 
Upon proper application and after favorable findings, the Township Committee may direct the Zoning Officer to issue a temporary zoning permit for such use for a period not to exceed six months. This temporary zoning permit does not imply a variance from any provision of this section, and the zoning permit shall be so marked and shall reference this section of the ordinance.
[Amended 4-8-2020 by Ord. No. 455-20]
a. 
Density modification subdivisions shall be permitted in the C, R-2, R-3 and R-4 zone districts. Said subdivisions shall permit smaller lot areas than otherwise permitted by this Ordinance in exchange for compensating common open space provided the density modification subdivision can:
1. 
Be designed with a lower per lot cost for streets and utilities.
2. 
Result in a lower total length of streets and utility lines, thereby lowering the municipality's costs of service and maintenance.
3. 
Be developed to encourage separation of vehicular and pedestrian traffic.
4. 
Be developed to include recreational facilities in appropriate relationship to places of residence.
5. 
Serve the purposes of the conservation plan element of the Master Plan by permitting the preservation of the natural ecological features of the community and enhancing the quality of life of the inhabitants therein.
b. 
Lot areas of individual lots in density modification subdivisions may be reduced by not more than 30% from that normally required by the Schedule of Bulk Requirements, provided:
1. 
The land area which would otherwise be required for house lots, but which is not so used under the permitted lot size reduction provisions of this subsection, shall be devoted instead to contiguous common open space. The Township Committee may, at any time, upon the recommendation of the Township Planning Board or Board of Adjustment and Township Planner, accept the dedication of such open space or any interest therein for public use and maintenance, but such dedication shall not be required as a condition of the approval of the development.
2. 
If such open space is not conveyed to the Township, a homeowners association must be established in accordance with the provisions of Section 137 for the purpose of owning and maintaining the common open space within the development.
3. 
Any lot of contiguous common open space so provided shall be not less than five acres in area at least half of which shall be located on noncritical lands.
4. 
The average lot area of the development, inclusive of lands to be devoted to roads and common open space, shall be not less than the minimum lot area otherwise required by the Schedule of Bulk Requirements for the zone district in which the development is located.
c. 
Density modification subdivisions shall be permitted the following additional adjustments in the bulk requirements otherwise required by this Ordinance.
1. 
Front yards may be reduced to a minimum of 50 feet, provided that such reduction does not adversely affect adjacent or nearby property on the same street and further provided that such reduction does not contribute to any nuisance or safety hazard.
2. 
Rear yards may be reduced by not more than 30% from that normally required by the Schedule of Bulk Requirements, provided that all rear yards shall be at least 25 feet in depth.
3. 
Side yards may be reduced by not more than 30% from that normally required in the Schedule of Bulk Requirements, provided that all side yards shall be at least 10 feet in width and the aggregate width of the two side yards combined shall be at least 30% of the lot width at the building line.
4. 
Lot widths may be reduced by not more than 30% from that normally required by the Schedule of Bulk Requirements provided that all lot widths shall be at least 100 feet in width.
d. 
Density modification subdivisions shall meet the development design standards specified in Subsection 158.5.
[Ord. No. 245-09 § 3; Ord. No. 392-2016 § 6]
a. 
Outdoor dining facilities shall be a permitted use in the B-1-5, B-1-20, M, MH and B-D zones subject to the following conditions:
1. 
The outdoor dining facility shall be part of a permitted restaurant use located on the same lot.
2. 
The outdoor dining use will not involve any outdoor speaker systems or outdoor music playing of any kind.
3. 
If outdoor dining is on a sidewalk, a four-foot sidewalk clearance must be provided.
4. 
In Village Business zones (B-1-5, B-1-20, MH and M) outdoor dining shall be permitted between the hours of 6:00 a.m. and 10:00 p.m.; in the Commercial zones (B-D), outdoor dining shall be permitted between the hours of 6:00 a.m. and 11:00 p.m.
5. 
A sketch showing the proposed location of tables, chairs and umbrellas shall be prepared and submitted to the Zoning Officer for approval prior to the use of the outdoor area.
b. 
An outdoor dining facility does not have to be located along a sidewalk that is contiguous to a building.
c. 
The outdoor dining facility must obtain all applicable Board of Health and other required permits.
d. 
If all of the above criteria are met, no Board appearance shall be required.
[Ord. No. 311-13 § 3]
Equine related activities, including, but not limited to, lessons, riding, boarding, safety classes, horse shows, and similar activities shall be permitted in the C zone provided the noise, odor or contamination problems which might arise are eliminated or minimized, to the extent possible, and are in compliance with the following requirements (these requirements are intended to avoid adverse effects on ground water and surface waters as well as neighboring properties and their residents):
a. 
The minimum lot size shall be three acres.
b. 
At least 45,000 square feet of lot area shall be provided for each horse; a barn or similar structure shall also be provided with a stall for each horse; said facility shall provide a fifty-foot setback from side and rear property lines and 75 feet from the front property line.
c. 
Manure piles, barns and/or stables shall not encroach upon a stream conservation easement. Manure piles shall be set back at least 150 feet in all directions from existing dwellings including those on abutting or neighboring lots.
Farms shall comply with all applicable Animal Waste Management regulations of the NJ Department of Agriculture.
d. 
Any newly constructed barn and/or stable shall be built at least 150 feet away from all existing dwellings including those on adjacent or neighboring lots.
e. 
A barn or other accessory structure located in the C zone that is used for keeping, boarding, or riding horses shall be limited in height to 35 feet.
f. 
Horse trailers owned or leased for farm purposes by the owner/operator of the farm are permitted on a lot where horses are kept or boarded, provided none are stored in a front yard or within 10 feet of any property line.
g. 
Permitted accessory structures are:
1. 
Garages.
2. 
Utility, tool, wood or other sheds.
3. 
Tractors and other similar farm related heavy equipment.
4. 
Barns and farm outbuildings.
5. 
Enclosed riding rings.
6. 
Irrigation pumps or spring houses.
7. 
Studios (classrooms) or workshops.
8. 
Animal structures.
9. 
Stables.
10. 
Living quarters for farm manager. The gross floor area of the farm manager living quarters shall be at least 350 square feet, but shall not exceed 800 square feet. The accessory unit shall have living and sleeping space, cooking facilities, a kitchen sink and a complete sanitary facility for the exclusive use of its occupants. It shall consist of not less than two rooms, one of which shall be a full bathroom, but shall have no more than two bedrooms.
11. 
Manure and hay storage facilities.
12. 
Signage in accordance with Subsections 155.1, 155.2, 155.3 and 155.8.
13. 
Off-street parking; which parking areas do not have to be paved in accordance with Section 151 as an accommodation to the horses; this section constitutes an ongoing waiver of said requirement.
14. 
Bridle paths.
a. 
Recognizing that certain uses, activities and structures are necessary to serve the needs and convenience of the Township, and at the same time recognizing that such uses may be or become inimical to the public health, safety and general welfare if located without proper consideration being given to existing conditions and the character of the surrounding area, such uses are hereby designated as conditional uses and are enumerated in Section 122 for the zones in which they are permitted. Each conditional use is required to meet the following special review procedures.
b. 
The Planning Board, pursuant to N.J.S.A. 40:55D-67, may authorize establishment of a conditional use. Applications for conditional uses shall be approved or denied by the Planning Board within 95 days of submission of a complete application to the Secretary of the Planning Board, or within such further time as may be consented to by an applicant.
c. 
Applications for conditional uses shall include the information required for preliminary site plan review and any additional information as is necessary to show compliance with this subsection.
d. 
The Planning Board shall review the application in accordance with all applicable criteria and decide on the appropriateness of the use at the location proposed. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application.
e. 
The use for which application is being made shall be specifically authorized as a conditional use in the zone in which the proposed site is located.
a. 
Public utilities and public and institutional uses shall be permitted as conditional uses in the zones indicated in Section 122. Because of the wide range of uses which constitute public utilities and public and institutional uses, no specific regulations are contained in this subsection. Each use shall be evaluated by the Planning Board and standards imposed based on the following:
1. 
Degree and intensity of nuisance characteristics.
2. 
Probable traffic impact.
3. 
Possible ecological impact.
4. 
Character of surrounding existing and future development.
b. 
Based on the above evaluation, the Planning Board may require alternative site design arrangements, modifications and improvements in order to mitigate any potentially adverse impacts of the proposed use.
Planned senior residential communities shall be a permitted conditional use in the R-4 zone subject to the following conditions:
a. 
The minimum tract size shall be 20 acres.
b. 
The maximum project density shall be 1.4 dwelling units per acre.
c. 
The minimum lot area shall be 7,500 square feet.
d. 
The minimum lot width shall be 50 feet.
e. 
The minimum floor area shall be 1,200 square feet per dwelling unit.
f. 
The maximum floor area shall be 2,300 square feet.
g. 
The maximum principal building height shall be 1 1/2 stories or 28 feet.
h. 
The minimum tract open space shall be 30% of the overall tract size.
[Ord. No. 24A-99 § 2]
In order to ease the current burden on the handicapped and elderly population of the Township in the delivery of prescription order forms and in the subsequent pick up of ordered drugs and needed medicines, the installation of drive-up windows for these purposes, at pharmacy buildings in the Township, shall be a permitted conditional use in the B-2 and B-3 zones, and in that portion of the B-1-20 zone along Valley Road, subject to the following specific conditions:
a. 
The drive-up window shall be part of a permitted pharmacy use and located at the side or rear of the pharmacy building.
b. 
All applicable bulk and design standards and site plan review requirements of the Land Use Ordinance shall be met by the pharmacy use and its drive-up window and by its drive-up window vehicular access lanes.
c. 
If the drive-up window abuts a residential zone said window and its vehicular access lanes shall be screened from the residential zone in accordance with Subsection 156.1.
d. 
The drive-up window shall be used only for the dispensing of prescription drugs and/or the drop off of prescription order forms.
e. 
There shall be no outdoor sound amplification or pneumatic tubes as part of any drive-up window operation.
f. 
In any side yard in which the drive-up window or the vehicular access lanes are located, there shall be a minimum side yard setback of 60 feet when the property abuts a residential zone and a minimum side yard setback of 40 feet when the property abuts a nonresidential zone. This required side yard setback shall be measured from the edge of the structure or vehicular access lane that is closest to the side yard boundary.
g. 
If a drive-up pharmacy window is adjacent to a residential zone or residential property, the drive-up window shall be limited to the following hours: 7:00 a.m. to 8:00 p.m.
[Ord. No. 105-2002 § 4; Ord. No. 377-2017]
Professional offices shall be a permitted conditional use in the P Zone subject to the following conditions:
a. 
Buffering: A landscaped buffer shall be provided when the subject property abuts a residential use or zone in accordance with Subsection 156.1 and as follows:
1. 
The minimum buffer width shall be 10 feet on property where the existing primary structure is preserved and adaptively reused. The minimum buffer width shall be 20 feet on properties where the existing primary structure is removed and a new primary structure is constructed. Said buffer may be reduced by no greater than 50% when existing vegetation provides an adequate screen or a fence, wall or landscaped berm with a minimum height of six feet is provided. Any reduction in buffer width is subject to Board approval.
2. 
All off-street parking areas shall provide a five-foot buffer around their perimeter to screen adjacent residential properties/zones and the street. Said buffer may be reduced by no greater than 50% when existing vegetation provides an adequate screen or a fence, wall or landscaped buffer with a minimum height of six feet is provided. Any reduction in buffer width is subject to Board approval.
3. 
Buffers shall incorporate existing vegetation, especially trees to the greatest extent possible.
b. 
Parking: Off-street parking shall be provided in accordance with Section 151 and the following:
1. 
Off-street parking shall be provided in the rear and side yards only. No off-street parking shall be located within the required front yard setback and buffer area.
2. 
Off-street parking areas shall be screened with a landscape buffer strip five feet in width along their perimeter pursuant to Subsection 125.6a1 above.
3. 
Access to off-street parking areas shall be from higher order streets wherever possible.
c. 
Building Design: Existing buildings and new buildings and additions shall comply with the building design requirements of Section 152 and as follows:
1. 
The preservation and adaptive reuse of existing buildings is encouraged.
2. 
Alterations to existing buildings shall preserve and incorporate architecturally and historically significant exterior facades fronting on public streets into the overall design of the project. The Township Historic Preservation Advisory Committee may advise the Board regarding the architectural and historical significance of facades and buildings where a question arises as to their preservation.
3. 
New additions to, and accessory structures associated with, existing buildings shall complement the structures in architectural design, appearance, materials and color.
d. 
Signs: Ground and wall signs shall be permitted in accordance with Subsection 155.7 and the design standards of Subsection 155.11 shall control.
e. 
Accessory Structures/Mechanical Equipment: All accessory structures such as trash dumpsters, refuse enclosures and mechanical equipment such as air conditioners shall be screened from the view of public streets and adjacent properties.
f. 
Historical/Community Information Markers: Professional offices shall incorporate historical or community information markers into their overall design in a publicly accessible and visible location. Such markers shall contain information about the name of the building, date of construction, prior use and significance to the Township. The Township Historic Preservation Advisory Committee may be consulted as to the appearance, content and location of such markers.
Any lawful structure, use or lot not meeting any particular requirement of this Ordinance as of the effective date of this Ordinance shall be deemed to be nonconforming.
a. 
Any lawful use occupying any structure, lot or land at the time of the adoption or subsequent amendment of this Ordinance which does not comply with the use regulations of the zone in which it is situated by virtue of such adoption or amendment may be continued in the structure or upon the lot or land so occupied. Any lawful structure or lot existing at the time of the adoption or amendment of this Ordinance which does not comply with the bulk regulations of the zone in which it is situated by virtue of such adoption or amendment may be continued and occupied.
b. 
The prospective purchaser, prospective mortgagee, or any other person interested in any land upon which a nonconforming use or structure exists may apply in writing to the Township for the issuance of a certificate certifying that the structure or use existed before the adoption of any provision of this Ordinance which rendered the structure or use nonconforming pursuant to N.J.S.A. 40:55D-68.
A nonconforming use shall be deemed to have been abandoned:
a. 
When it is changed to a conforming use; or
b. 
Where the nonconforming use has occupied a building designed for such use, when the use has been voluntarily discontinued for a period of 12 consecutive months; or
c. 
Where the nonconforming use has occupied land whereon there is no building principal structure devoted to such use, when the use has been voluntarily discontinued for a period of six consecutive months.
Any nonconforming structure or any nonconforming use of a structure which has been destroyed by fire, explosion, flood, wind, storm, or other act of God shall be considered partially destroyed if the cost of restoration equals one-half or less than one-half of the estimated true valuation of the structure as determined by the Township Tax Assessor and such partially destroyed structure or use may be rebuilt, restored or repaired. If the damage is greater than above outlined, the use or structure shall be considered completely destroyed and shall not be rebuilt, restored or repaired unless in conformity with the use and bulk requirements of this Ordinance.
Such repairs, maintenance and alteration work as required to keep a structure in sound condition may be made to a nonconforming use or structure provided no alterations shall be made except those required by law.
In addition to the requirements of this subsection, lawfully existing nonconforming lots and structures shall be governed by the permitted modifications established by Section 136.
[Ord. No. 105-2002 § 5; Ord. No. 169-05 § 1, 2; Ord. No. 08-237; Ord. No. 308-13 § 3; Ord. No. 392-2016 § 7]
The Schedule of Bulk Regulations accompanies and is hereby made a part of this Ordinance. The regulations set forth in the Schedule, in conjunction with the following bulk regulations, and other regulations specified in this Ordinance, shall govern the use of all land within the Township of Long Hill.[1]
[1]
Editor's Note: The Schedule is included as an attachment to this chapter.
The bulk regulations contained in this section supplement and are in addition to those set forth in the Schedule of Bulk Regulations.
The following regulations must be complied with in the R-MF zone:
a. 
The following minimum gross floor area shall apply:
Type
Gross Floor Area
(square feet)
Apartments:
Efficiency unit
500
One-bedroom
600
Two-bedroom
700
Townhouses:
One-bedroom
700
Two-bedroom
850
Three-bedroom
1,000
b. 
Residential development densities in the R-MF zone shall be as follows:
1. 
Apartments shall not exceed a density of eight units per acre.
2. 
Townhouses shall not exceed a density of six units per acre.
3. 
All multifamily residential developments of more than 45 dwelling units shall incorporate both apartment units and townhouse units. Of the total units in such developments, a minimum of 60% shall be townhouse units.
c. 
The following additional multifamily residential regulations shall apply:
1. 
Recreation space shall be provided at a rate of 400 square feet of area for each dwelling unit. Separate areas shall be provided for each 45 units and shall be equipped with suitable active and passive facilities for all age groups. Required recreation space shall not be located in required yard setback areas.
2. 
At the option of the applicant, total unit development potential may be increased by up to 10%, but not by more than 20 dwelling units in any one development, if the additional units are designated for low and/or moderate income residents and are fully subsidized for such purpose under a local, State or Federal subsidy program or a private subsidy program acceptable to the Township Committee and meet established Township requirements.
3. 
All developments under this subsection are prohibited unless connected with approved and functioning public water and sanitary sewer facilities.
d. 
Townhouse units shall be limited to a maximum of eight units per structure, and each unit shall be compatibly designed in relation to all other units in that row, but each unit shall be distinct by such design features as width, setback, roof design, color, exterior materials, windows, doors and other features. Each townhouse unit shall have its own front and rear access.
e. 
Apartment units shall be limited to a maximum of 18 units per structure. Apartment and townhouse units shall not be located in the same structure. To help preserve individual identity for each apartment unit, no more than two ground level apartment entrances shall be located in the same plane on any one building facade. Separate front entrances shall be provided to each apartment unit. No apartment unit shall be located within a basement or cellar.
The following regulations must be complied with in the TH zone:
a. 
The following gross floor area minimums shall apply:
Type
Gross Floor Area
(square feet)
Townhouses:
One-bedroom
700
Two-bedroom
850
Three-bedroom
1,000
b. 
The maximum number of townhouse units per building shall be limited to six.
c. 
All setbacks required pursuant to the Schedule of Bulk Requirements shall be bermed or landscaped and remain unoccupied except for entrance roads, recreation facilities, utilities, signs, entrance features, and decks, patios and green-houses which extend no more then 12 feet into the setback area.
d. 
Gross density in the TH zone shall be restricted to a total of 52 townhouses.
e. 
The minimum distance between townhouses shall be as follows:
Front to front
60 feet
Rear to rear
50 feet
End to end
25 feet
Other
30 feet
f. 
The Planning Board may reduce the distances specified in Subsection e above by not more than 1/3 if there is an angle of 20° or more between buildings and if extensive landscaping or buffers are placed between buildings.
g. 
A minimum of 400 square feet per townhouse, which may include environmentally restricted land, shall be designated for conservation, open space, recreation and/or other open space purposes.
h. 
The street standards of Section 150 of this Ordinance shall apply in the TH zone, except for the following reduced standards:
1. 
The minimum private street cartway and right-of-way width shall be 24 feet.
2. 
Permanent culs-de-sac shall be no more than 300 feet in length and shall provide access to no more than 24 dwelling units. A turnaround shall be provided at the end of each cul-de-sac with a paved turning radius of 40 feet and right-of-way in the case of public streets of 100 feet.
i. 
Townhouse units shall be limited to a maximum of eight per structure, and each unit shall be compatibly designed in relation to all other units in that row, but each unit shall be distinct by such design features as width, setback, roof design, color, exterior materials, windows, doors and other features. Each townhouse unit shall have its own front and rear access.
The following regulations must be complied within the R-MF-2 zone:
a. 
The following minimum gross floor areas shall apply:
Type
Gross Floor Area
(square feet)
Apartments
Efficiency unit
500
One-bedroom
600
Two-bedroom
700
Townhouses
One-bedroom
700
Two-bedroom
850
Three-bedroom
1,000
b. 
Residential development densities in the R-MF-2 zone shall be as follows:
1. 
Apartments shall not exceed a density of eight units per acre.
2. 
Townhouses shall not exceed a density of six units per acre.
c. 
Recreation space shall be provided at a rate of 400 square feet of area for each dwelling unit. Separate areas shall be provided for each 45 units and shall be equipped with suitable active and passive facilities for all age groups. Required recreation space shall not be located in required yard areas.
d. 
Townhouse units shall be limited to a maximum of eight units per structure, and each unit shall be compatibly designed in relation to all other units in that row, but each unit shall be distinct by such design features as width, setback, roof design, color, exterior materials, windows, doors and other features. Each townhouse unit shall have its own front and rear access.
e. 
Apartment units shall be limited to a maximum of 18 units per structure. Apartment units and townhouse units shall not be located in the same structure. To help preserve individual identity for each apartment unit, no more than two ground level apartment entrances shall be located in the same plane on any one building facade. Separate front entrances shall be provided to each apartment unit. No apartment unit shall be located within a basement or cellar.
The following regulations must be complied within the R-MF-3 zone:
a. 
No development shall exceed 30 dwelling units in size.
b. 
The maximum density shall be 12 dwelling units per acre.
c. 
The minimum lot depth shall be 100 feet.
d. 
The minimum gross floor area requirements shall be the same as that required in the R-MF zone.
The following regulations must be complied within the SC Zone:
a. 
No project shall exceed 16 dwelling units per acre of total lot area.
b. 
The minimum lot depth shall be 300 feet.
c. 
The following additional requirements shall also apply in the SC zone:
1. 
Space and facilities shall be provided for passive and active indoor recreation areas consonant with the needs of senior citizen occupants as deemed necessary by the Planning Board.
2. 
The developer shall provide proof of approval, by appropriate Township and State authorities, of acceptable sanitary sewage disposal.
3. 
All telephone, alarm services, cable television, electric service and any other required utility services on the property shall be underground.
4. 
No parking area shall be located within the front yard nor within 15 feet of any side or rear lot line.
[Ord. #08-237 § 1]
a. 
The following Floor Area Ratios shall be applied to all residential uses in all zoning districts. The combined floor areas of all buildings may not exceed the amount allowed in the following table:
Lot area in square feet
Floor area allowed in square feet
At least
but less than
is
plus
of excess over
0
5,000
0
50%
0
5,000
10,000
2,500
14%
5,000
10,000
20,000
3,200
10%
10,000
20,000
50,000
4,200
6%
20,000
50,000
150,000
6,000
4%
50,000
150,000
Unlimited
10,000
3%
150,000
[Ord. No. 376-2016]
All yards facing on a public street shall be considered front yards and shall conform to the minimum front yard requirements for the zone in which located. Corner and through lots shall provide the minimum front yard requirements for the respective zone for both streets, for both principal and accessory buildings. On corner and through lots of 20,000 square feet or less in area, the minimum front yard requirement for one of the fronting streets may be reduced to not less than 60% of the requirement for the zone in which the lot is located.
a. 
In a residential zone, one of the front yards of a residential through lot may be designated as the rear yard in accordance with the following:
1. 
The lot must meet all required setback regulations for the zone in which it is located.
2. 
The designated rear yard shall be the same distance as the required front yard setback.
3. 
No accessory structures may be placed between the designated rear yard setback and the adjoining street.
4. 
The designated rear yard shall be closed to all vehicular access to the property.
5. 
The designated rear yard shall provide a buffer to the adjoining street by means of shrubbery, trees or other natural buffer. Fences and walls in the designated rear yard shall follow the regulations for fences and walls in the front yard.
6. 
The designated rear yard shall generally be opposite the front door to the home and subject to the approval of the Administrative Officer, who shall consider the context of the neighborhood in rendering a decision.
7. 
Applicants shall submit a Zoning Permit application to the Administrative Officer.
8. 
A negative decision of the Administrative Officer may be appealed to the Township Zoning Board of Adjustment in the same manner as an appeal in accordance with the Municipal Land Use Law (N.J.S.A. 40:55D-70a).
No yard or other open space provided about any building for the purpose of complying with the provisions of this Ordinance shall be considered to provide a yard or open space for any other building.
Every primary building shall be built upon a lot with frontage upon a public street improved to meet the Township's requirements or for which such improvements have been insured by the posting of a performance guaranty pursuant to this Ordinance.
Where a lot has frontage on a street that does not provide the right-of-way width required by the Township or Morris County, all required area and yard requirements shall be measured from the proposed right-of-way line.
All yards, open space, off-street parking, required landscaping and all other requirements must be contained within the zone in which the use is permitted, and on the particular lot for which any development or activity is proposed.
Decks which are proposed to be added to nonconforming residential uses in any zone shall not require a use variance, but shall require adherence to applicable bulk standards of the zone in question.
[Deleted by Ord. No. 394-2016 § 2]
Underground stormwater detention facilities, including dry wells, may be placed at any location with a minimum five-foot setback from the property line on the subject property with the consent of the approving authority and the Township Engineer.
[Deleted by Ord. No. 394-2016 § 2]
Patios shall be considered lot coverage and the area of any patio shall be included in all calculations of lot coverage.
[Ord. No. 194-06 § 3; Ord. No. 230-08 § 3; Ord. No. 394-2017 § 2]
Walkways shall be considered lot coverage and the area of any walkway shall be included in all calculations of lot coverage.
All accessory structures must be located upon the same lot as the principal building to which they are related.
No accessory structure shall exceed 20 feet in height, except that accessory buildings containing accessory apartments pursuant to Subsection 124.3 shall be permitted a maximum height of 25 feet.
Accessory structures shall be at least 10 feet from any principal building situated on the same lot and shall be at least six feet from any other accessory structure.
No accessory structure shall be located in a front yard nor within 10 feet of any side or rear lot line.
No accessory structure shall be erected in that portion of the lot forward of the front line of the principal building, or the minimum front yard setback, whichever is greater.
Accessory structures required for the construction of a principal building or structure may be erected on a lot without a principal building by permission of the Construction Official. Such accessory structures must be removed on completion of the principal building and before the issuance of a certificate of occupancy or within one year.
These regulations are applicable to one and two family homes in residential zone districts.
a. 
Each property shall be limited to one shed.
b. 
Maximum shed size is 100 square feet.
c. 
Shed must be set back from the side and rear property lines a minimum of 10 feet, measured from its dripline.
d. 
The shed area will not count as lot coverage provided that a minimum of eight inches of crushed stone is placed under the structure and two feet beyond the dripline.
e. 
Sheds are not allowed in any front yard.
[Ord. No. 394-2017 § 2; Ord. No. 424-2018]
a. 
Permanent generators and their mounting pads are considered accessory structures and must meet all the requirements of Subsections 134.1, 134.4, 134.5, and 134.6. Generators shall meet industry standards for noise emissions and are subject to Chapter 3-15.1, entitled "Unnecessary Noise", of the Township Code.
b. 
The following additional regulations apply to generators at nonresidential uses in any commercial zone.
1. 
The pad size shall not exceed 64 square feet.
2. 
A visually solid fence with a minimum height of four feet up to the height of the generator shall enclose the generator. A row of plantings with a minimum of four-foot height at planning shall buffer the enclosure.
3. 
The generator mounting pad shall be placed a minimum of 75 feet from any adjoining residential zone.
No new dwelling shall be erected in a housing development consisting of two or more houses if it shall appear from the plans submitted that said house is substantially alike in exterior design and appearance (as provided by the standards established in Subsection 135.2 below) with any adjacent dwellings situated on the same or opposite sides of the street within 300 feet of the proposed dwelling or within said distance from a proposed dwelling for which a building permit has been issued or is pending. The distance herein specified shall be construed to mean the distance between the street property lines of the respective properties.
Houses within such specified distance from each other shall be considered uniform in exterior design and appearance if they have any one of the following characteristics:
a. 
The same basic dimensions and floor plans are used without substantial differentiation of one or more exterior elevations.
b. 
The height and design of the roofs are without substantial change in design and appearance.
c. 
The size, type and location of windows and doors in the front elevation are without substantial differentiation.
a. 
The height limitations of this Ordinance shall not apply to farm silos, church spires, belfries, cupolas and domes not used for human occupancy nor for municipal water tanks or municipal towers.
b. 
Chimneys, ventilators, skylights, water tanks, television and radio antennas and similar features, and necessary mechanical appurtenances usually carried on and above the roof level, may exceed the height limitations of this Ordinance by not more than 15 feet. If such equipment is construed as a secondary structure, apart from the primary structure, the height restriction of this Ordinance shall apply.
[Ord. No. 125-03 § 1; Ord. No. 230-08 § 6; Ord. No. 394-2017 § 2]
a. 
In the case of lots upon which an existing structure is located, the combined total side yard requirements may be reduced by six inches for each foot by which a lot is less than the minimum width requirement for the zone in which located. In any case, the side yard width for either side yard shall not be reduced to less than 50% of the requirement of the zone.
b. 
Additions to existing single family dwellings and permitted accessory buildings which would extend into required front, side or rear yards, shall be permitted without variance if the following conditions are met:
1. 
The existing and proposed residential use is permitted in the zone in which it is located.
2. 
The total lot coverage, off street parking, garage, and building height requirements of the application zone are met.
3. 
The existing residential structure does not reduce any required setback by more than 50%, and the proposed setback of any addition does not increase any yard setback deficiency of the existing dwelling.
4. 
The length (front yard to rear yard) of the proposed violation of any side yard shall not exceed 35 feet.
5. 
All other applicable zone requirements affected by the proposed addition are met, except that existing lot area and lot width deficiencies shall not require variances provided all other requirements of this subsection are met.
c. 
Any parcel of land with an area or width less than that prescribed for a lot in the zone in which such lot is located, which parcel was under one ownership or control at the date of adoption of this Ordinance, and where the owner thereof owns no adjoining land, may be used as a lot for any purpose permitted in the zone in which it is located, provided that the area of the lot is not less than 1/3 of the zone requirement and the width of said lot is not less than 1/2 of the zone requirement and further provided that all other zone regulations are complied with.
d. 
Roofed entrances to single-family dwellings and two-family dwellings which extend into required front yards shall be permitted without variance if the following conditions are met:
1. 
The area of the enclosure or roof plane is not over 50 square feet.
2. 
The roofed entranceway is open on its sides and is not an enclosed vestibule or similar structure.
3. 
The front of the roof setback is not less than 1/2 of the zone requirement.
4. 
The proposed modification or addition matches the existing structure in terms of color, materials and design.
5. 
Only one such permitted modification shall be permitted per residence. Any additional roofed entranceways that extend into the required front yard shall require variances.
6. 
No commercial buildings or multifamily residences are eligible under this section.
7. 
No other bulk or use variances are created or intensified, or result from the proposed new construction.
e. 
The construction of an enclosure on an existing deck or patio shall be permitted, provided, however, that:
1. 
The deck or patio conformed to the Zoning Ordinance at the time of construction;
2. 
The deck or patio had all necessary permits required at the time of construction.
f. 
The erection of a roof or similar structure over an existing deck, patio or walkway of a single-family residence shall not be counted as new or additional lot coverage.
g. 
These regulations are applicable to decks for one and two family homes in residential zone districts.
1. 
If a deck is not covered, it is eligible for a 50% reduction in lot coverage provided it meets the following requirements:
(a) 
Decks shall conform to all principal structure setbacks.
(b) 
Homes with nonconforming side setbacks shall provide a minimum deck setback of six feet from the side plane of the home. Decks shall provide a minimum 30% aggregate side yard setback.
(c) 
Homes with conforming side setbacks shall place the deck no closer than the required side yard setback.
(d) 
There must be a minimum gap of 3/16 of an inch between any adjoining floor boards of the deck.
(e) 
To accommodate storm water drainage one of the following shall be installed:
(1) 
Uniformly graded crushed stone, in a bed eight inches deep under the deck, with any necessary filter fabric to prevent clogging of the stone; or
(2) 
A dry well with an effective volume equal to eight inches of uniformly graded crushed stone times the area of the deck, with any necessary piping and filter fabric to prevent clogging of the stone.
A homeowners association may be established for the purposes of owning and maintaining common property within a development, provided that the Planning Board and Township Committee are satisfied that the homeowners association will have a sufficient number of property owners to reasonably expect a perpetuation of the association in a manner enabling the association to meet its obligations and responsibilities. If established, the association shall incorporate the following provisions:
Membership in the homeowners association by all property owners shall be mandatory and shall be included as a permanent deed restriction. Required membership and the responsibilities upon the members shall be in writing between the association and each property owner in the form of a covenant, with each agreeing to liability for the owner's pro rata share of the association costs.
The association shall be responsible for liability insurance, taxes, maintenance and any other obligations assumed by the association and shall hold the Township harmless from any liability.
The assessment levied by the association upon each property owner may become a lien on each owner's property. The association shall be allowed to adjust the assessment to meet changing needs, and any deeded lands may only be sold, donated or conveyed to the Township for public purposes.
The association shall clearly describe in its bylaws all the rights and obligations of each tenant and property owner, including a copy of the covenant, model deeds and Articles of Incorporation of the association and the fact that every tenant and property owner shall have the right to use all common properties. These shall be set forth as a condition of approval and shall be submitted prior to the granting of final approval.
The Articles of Incorporation, covenants, bylaws, model deeds and other legal instruments shall ensure that control of the homeowners association shall be transferred to the property owners based on a percentage of the dwelling units sold and/or occupied and shall clearly indicate that the Township may perform such maintenance and repair work that may be required in the public interest where the association has not performed, with the costs being levied upon each property owner according to the owner's pro rata share in the association and which may become a lien on the property.
Such homeowners association documents shall be in conformance with the provisions of this subsection and shall be in form satisfactory to the Township Attorney and the appropriate Board Attorney.
All developments in the R-MF-2 zone shall meet the following lower income housing requirements:
All developments shall provide 13% of all dwelling units to be affordable for low-income households and 7% of all dwelling units to be affordable for moderate income households as those terms are defined in the Fair Housing Act (N.J.S.A. 52:27D-304) and the regulations promulgated by the Council On Affordable Housing (COAH).
Lower income housing units shall be built in accordance with the following phasing schedule:
Minimum Percentage of Low and Moderate Income Units Completed
Percentage of Market Housing Units Completed
0
25
10
25 + 1 unit
50
50
75
75
100
90
100
Lower income housing units shall meet the following bedroom distribution requirements:
a. 
At a minimum, 35% of all lower income units shall be two bedroom units; and
b. 
At a minimum, 15% of all lower income units shall be three bedroom units.
c. 
No more than 20% of all lower income units may be efficiency units.
Lower income housing units offered on a "for sale" basis shall meet the following requirements:
a. 
The average price of a lower income housing unit shall be, as best as practicable, affordable to households at 57.5% of the median income as contained in this subsection.
b. 
In devising a range of affordability for purchased housing, as required in Subsection a, the development shall provide, as best as practicable, for the following distribution of prices for every 20 lower income housing units:
Pricing Stratification
Low Income Units
1 at 40.0% through 42.5%
3 at 42.6% through 47.5%
6 at 47.6% through 50.0%
Moderate Income Units
1 at 50.1% through 57.5%
1 at 57.6% through 64.5%
1 at 64.6% through 68.5%
1 at 68.6% through 72.5%
2 at 72.6% through 77.5%
4 at 77.6% through 80.0%
Developments of fewer than 20 lower income units shall be priced in a manner so as to provide for a representative range or prices consistent with the above stratification schedule.
c. 
For initial occupancy, priority shall be given to households within a particular income category with flexibility based on New Jersey Housing and Mortgage Finance Agency affordability control criteria.
The initial pricing of lower income housing units shall meet the following requirements:
a. 
Every lower income housing unit available for purchase shall provide an initial selling price so that, after a down payment of 10%, the monthly principal, interest, property taxes, insurance and homeowner fees do not exceed 28% of eligible gross monthly household income. Monthly principal and interest payments shall be calculated using the current 30 year fixed rate mortgage rate as set by the Federal Veterans Administration.
b. 
Every lower income rental housing unit shall be rented at an amount that, excluding utilities, shall not exceed 30% of eligible gross monthly household income.
c. 
The following criteria shall be used in establishing sale prices and rent levels for lower income housing units:
1. 
Efficiency units shall be affordable to one person households.
2. 
One bedroom units shall be affordable to two person households.
3. 
Two bedroom units shall be affordable to three person households.
4. 
Three bedroom units shall be affordable to five or six person households.
5. 
Four bedroom units shall be affordable to seven person households.
d. 
Low and moderate income limits based on median income and household size shall be established by the current uncapped Section 8 income limits published by the Department of Housing and Urban Development, or any other recognized standard adopted by the New Jersey Council on Affordable Housing.
Persons wishing to sell affordable units shall notify the Township Affordable Housing Officer of the intent to sell. If no eligible buyer enters a contract of sale for the unit within 90 days of notification, the Township shall have the option to purchase the unit for the maximum price permitted based on the regional increase in median income as defined by HUD or other recognized standard adopted by COAH. If the Township does not purchase the unit, the seller may apply to the Township for permission to offer the unit to a non-income eligible household, at the maximum price permitted. The seller shall document efforts to sell the unit to an income eligible household as part of this application. If the request is granted, the seller may offer low income housing units to moderate income households and moderate income housing units to households earning in an excess of 80% of median. In no case shall the seller be permitted to receive more than the maximum price permitted. At expiration of affordability controls, any excess profit shall be paid into an affordable housing trust fund to be established by the Township.
Property owners of single family owner occupied housing may apply to the Township for permission to increase the maximum price of eligible capital improvements. Eligible capital improvements shall be those that render the unit suitable for a larger household. In no event shall the maximum price of any improved housing unit exceed the limits of affordability for the larger household. Property owners shall apply to the Township if any increase in the maximum sales price is sought.
A judgment of foreclosure or a deed in lieu of foreclosure by a financial institution regulated by State and/or Federal law shall extinguish controls on affordable housing units provided there is compliance with N.J.A.C. 5:92-12.10. Notice of foreclosure shall allow the Township to purchase the affordable housing unit at the maximum permitted sale price. Failure of the Township to purchase the affordable housing unit shall result in COAH adding that unit to the municipal present and prospective fair share obligation.
In the event of a foreclosure sale, the owner of the affordable housing unit shall be personally obligated to pay to the Township any surplus funds, but only to the extent that such surplus funds exceed the difference between the maximum price permitted at the time of foreclosure and the amount necessary to redeem the debt to the financial institution including costs of foreclosure.
Rents and resales of low and moderate income units shall be controlled for a period of 20 years in accordance with the regulations adopted by the Township Affordable Housing Officer with the following exceptions:
a. 
Rehabilitated owner-occupied single family housing units that are improved to code standard shall be subject to affordability controls for at least six years.
b. 
Rehabilitated renter-occupied housing units that are improved to code standard shall be subject to affordability controls for at least 10 years.
c. 
Housing units created through conversion of a nonresidential structure or through new construction financed through State Aid pursuant to N.J.S.A. 52:27D-178, et seq. that exhibit one of the characteristics delineated in N.J.A.C. 5:92-5.3(d) at the time of substantive certification shall be subject to affordability controls for at least 10 years.
All properties with frontage on roads as designated on the Zoning Map shall provide a seventy-five-foot wide conservation easement along said road in which no existing vegetation shall be disturbed except as needed for site access, sight triangles or any other purpose deemed necessary by the approving authority.
The approving authority may, at its discretion, impose appropriate planting requirements within a conservation easement if said plantings shall enhance the existing vegetation in the area in question. All such plantings shall be made in accordance with Section 153 of this Ordinance.
[Ord. No. 194-06 § 4; Ord. No. 08-237 § 3]
In addition to all other applicable Township requirements, development of sites containing critical areas shall provide the following:
a. 
No principal building, accessory building, parking area, pool, tennis court, patio or deck shall be located in whole or in part within a critical area.
b. 
All single family residential lots created after the adoption of this subsection shall contain at least 10,000 square feet of contiguous, noncritical land with direct access to an existing or proposed street. For lots served by septic systems, the contiguous, noncritical land requirement shall be a minimum of 20,000 square feet.
c. 
In addition to the maximum lot coverage requirements established by the Schedule of Bulk Requirements, no development in the Township shall provide more than 70% impervious surface coverage of the noncritical area of the lot.
d. 
All single family lots shall provide a principal building setback of at least 50 feet from any critical area located in the front or rear yard of the lot, and 25 feet from any critical area located in the side yard of the lot.
[Ord. No. 08-237 § 3]
Site disturbance with a gross area of disturbance of less than 1,500 square feet shall be exempt from the standards set forth in Subsection 142.1 above. Site developers of small-scale exempt projects are encouraged to become familiar with the technical requirements and performance standards within this Ordinance and to implement best management practices for protection of steep slope areas on the development site.
[Ord. No. 90-01 § 2]
The legislature of the State of New Jersey has in N.J.S.A. 40:48-1, et seq. delegated the responsibility to local governmental units to adopt regulations designed to promote public health, safety, and general welfare of its citizenry. Therefore, the Township Committee of the Township of Long Hill in County of Morris, New Jersey has adopted this section by ordinance.
[Ord. No. 90-01 § 2]
a. 
The flood hazard areas of the Township of Long Hill are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
b. 
These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.
[Ord. No. 90-01 § 2]
It is the purpose of this section to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:
a. 
To protect human life and health;
b. 
To minimize expenditure of public money for costly flood control projects;
c. 
To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
d. 
To minimize prolonged business interruptions;
e. 
To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, bridges, located in areas of special flood hazard;
f. 
To held maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future blight areas;
g. 
To insure that potential buyers are notified that property is in an area of special flood hazard; and
h. 
To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
[Ord. No. 90-01 § 2]
Definitions pertaining to this section are set forth in Section 110 "Definitions" – 111 "General Terms" of the Township Land Use Ordinance. Unless specifically defined below or in Section 111, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application. In addition to those definitions set forth in Section 111, the following definitions shall apply:
APPEAL
Shall mean a request for a review of the Planing Board's interpretation of any provision of this section or a request for a variance.
VARIANCE
Shall mean a grant of relief from the requirements of this section which permits construction in a manner that would otherwise be prohibited by this section. See Subsection 143.6.
[Ord. No. 68-00 § 1; Ord. No. 90-01 § 2]
a. 
The provisions of this section shall be administered by the Planning Board.
b. 
In cases where development approvals or variances are being requested in addition to a development permit, then the approving authority which otherwise has jurisdiction over the application shall be the agency which also administers the provisions of this section.
[Ord. No. 68-00 § 1; Ord. No. 90-01 § 2; Ord. No. 115-2002 § 1; Ord. No. 119-2002 § 1; Ord. No. 424-2018]
a. 
The approving authority may waive the requirements for a development permit in the following cases provided that the special flood hazard area or areas will not be disturbed by the proposed development and further provided that such waiver is recommended by the Township Engineer.
1. 
Single family detached homes on existing lots of record, provided that the areas of special flood hazard included within the parcel for which a development permit is required do not exceed 10% of the total development parcel or are located entirely within the required side and rear yard setback areas.
2. 
Elevated septic systems authorized by Subsection 143.8c.
b. 
No formal application and no application fee shall be required for a waiver of requirements under Subsection a above.
c. 
Sufficient information for a waiver determination must be submitted to the Township Engineer, and the approving authority shall not take any action on a waiver request until the recommendation of the Township Engineer has been made.
d. 
The Township Engineer may issue an administrative waiver of the requirements for a development permit in the following cases:
1. 
The proposed development involves an existing or planned detached single-family residence, two-family residence or accessory structure; and
2. 
The proposed development does not require approvals or permits from the New Jersey Department of Environmental Protection, Township Planning Board or Township Zoning Board of Adjustment.
e. 
The Township Planning Board and Zoning Board of Adjustment may waive the requirements for development permit when no development is proposed within the 100-year flood plain.
f. 
Applications for a waiver of the requirements for a development permit shall be accompanied by the application fee and escrow deposit required by Subsection 181.1c of the Township Land Use Ordinance. Required escrow shall be deposited at the time of filing an application in order to cover the cost of professional services incurred by the Township during the application review process.
In the event that an administrative waiver of the requirements for a development permit is not granted and review and approval by the Township Planning Board or Zoning Board of Adjustment is required, all provisions of Section 143 of the Township Land Use Ordinance shall apply.
[Ord. No. 90-01 § 2]
a. 
This section shall apply to any lot, or contiguous lots under one ownership, within which is located an area of special flood hazard.
b. 
The areas of special flood hazard identified by the Federal Insurance Administration through a scientific and engineering report entitled the "Flood Insurance Study, Township of Long Hill," dated September 21, 2001, with accompanying flood insurance rate maps and any revisions thereto are hereby adopted by reference and declared to be a part of this section. An interpretive map entitled "Special Flood Hazard Areas, Township of Long Hill, N.J." prepared by Carl Lindbloom, P.P., and dated October 1981, and any revisions thereto, may also be consulted. The flood insurance study is on file at the Municipal Building, 1802 Long Hill Road, Millington, New Jersey.
c. 
Within an area of special flood hazard, no land may be subdivided, no structure may be erected, no equipment or goods stored, no landfill or excavation operation begun and no start of construction may be undertaken without the applicant first having received an approved development permit application from the approving authority and whenever State law so requires, approval from the Department of Environmental Protection of the State of New Jersey. Any other use that is allowed by the applicable ordinance or statute is permitted. Accepted practices of soil husbandry and the planting and harvesting of crops in connection with farming, forestry and arboriculture are not included in the foregoing prohibitions.
d. 
No building permit shall be issued by the Construction Official for any proposed structure or substantial improvement to an existing structure to be located or now located within any area of special flood hazard unless and until the approving authority shall have approved a development permit submitted in accordance with this section. No certificate of occupancy shall be issued by the Construction Official unless and until proof has been submitted to said official that all conditions of development permit approval have been fully met and complied with.
e. 
This section is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this section and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
f. 
In the interpretation and application of this section, all provisions shall be:
1. 
Considered as minimum requirements.
2. 
Liberally construed to effectuate the purposes for which this section was enacted.
3. 
Deemed neither to limit nor repeal any other powers granted under state statutes.
g. 
The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This section does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. This section shall not create liability on the part of the Township or of any official or agency thereof for any flood damages which result from reliance on this section or any administrative decision lawfully made thereunder.
h. 
A development permit shall be valid for one year from the date of approval. Unless a building permit, certificate of occupancy, subdivision approval, site plan approval, fill permit or other required permit or approval, for which a development permit is required, is applied for within one year of development permit approval, the approval shall expire.
[Ord. No. 90-01 § 2]
In review of all applications pursuant to this section, the approving authority shall take all appropriate actions which seek the following methods of reducing flood damage:
a. 
Restrict or prohibit uses which are dangerous to health, safety and property due to water, erosion, flood heights or velocities.
b. 
Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.
c. 
Control the alteration of natural floodplains, stream channels and natural protective barriers, which are involved in the accommodation of floodwaters.
d. 
Control filling, grading, dredging and other development which may increase flood heights and flood damage.
e. 
Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.
[Ord. No. 90-01 § 2; Ord. No. 194-06 § 10]
a. 
Application for a development permit shall be filed on forms provided by the Secretary of the approving authority at least 21 days prior to the meeting of the approving authority. All applications shall include 12 copies of the information required in Subsection c of this subsection and shall be accompanied by the fee set forth in this Ordinance.
b. 
The time for development permit review shall not begin until the submission of a complete application and fee. Unless the applicant is informed in writing by the Administrative Officer of the approving authority within 45 days of the actual submission of the application that the application is incomplete, the application shall be deemed complete on the date submitted.
c. 
All plans accompanying an application for a development permit shall be prepared by an engineer licensed in the State of New Jersey and shall include but shall not be limited to the following information, drawn to scale, showing the nature, location, dimensions and elevations of the area in question, existing and proposed structures, fill storage or materials, drainage facilities and the location of the foregoing. Specifically, the following information is required:
1. 
The base flood (100-year flood) elevation line.
2. 
The existing and proposed contours at a contour interval of two feet.
3. 
The proposed elevations of the lands involved at the corners of the foundation of any existing or proposed structure.
4. 
The lowest floor elevation of any proposed structure after its completion.
5. 
The layout of existing and proposed public streets and the nature, extent and location of existing and proposed public utilities servicing the premises in question.
6. 
The layout of existing and proposed features that may have material hydrologic effect, including but not limited to pavements, forests, retaining walls, drains and culverts.
7. 
The elevation of any existing or proposed pumping facilities.
8. 
The elevation in relation to mean sea level to which any nonresidential structure has been floodproofed.
9. 
Plans showing how any nonresidential floodproofed structure will meet the floodproofing criteria of Subsection 143.13f2.
10. 
A description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
11. 
A key map of the site of the application with reference to surrounding areas.
12. 
The following legends shall appear on the submission:
(a) 
Development permit application for:
Lot
Block
Applicant
Address
Date
(b) 
Approved by the Long Hill Township Planning Board (or Zoning Board of Adjustment).
Chairman
Date
Administrative Officer
Date
Township Engineer
Date
13. 
The following certification shall appear on all plans:
"The development permit application encompasses lands in an area of special flood hazard and is subject to all the standards and requirements of the Flood Damage Prevention Ordinance of the Township of Long Hill. The design and methods of construction are in accordance with accepted standards of practice for meeting applicable provisions of that Ordinance."
d. 
The Administrative Officer of the approving authority shall immediately transmit copies of the application and plans for a development permit to all officials and agencies as specified in Subsection 163.1b, and request comments from same.
e. 
In addition to the referrals in Subsection d above, the approving authority may refer plans to other local, County, State, Federal, private or semipublic agencies for their recommendations within their particular fields of expertise.
f. 
A public hearing shall be required, and the applicant shall have the right to appear before the approving authority and be heard with respect to the application. The approving authority shall consider the comments made at the public hearing and those from the referral requests and shall be guided in its action by the standards of Subsection 143.8.
g. 
The approving authority shall determine that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required.
h. 
After completion of its review, the approving authority shall approve or disapprove the submission, stating its findings and the reasons for its actions. Approval may be made conditional upon the applicant's adoption of specified changes in the application and the submission of an amended plan indicating the changes.
i. 
Applications approved by the approving authority shall be signed by the Board Chairman and Se