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 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.
[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.
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]
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.
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.
A use naturally and normally incidental and subordinate to
the primary use of the premises.
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.
The Township Zoning Officer shall be the Administrative Officer
for all other purposes.
[Removed by Ord. No. 377-2017]
Land uses normally associated with the production of the
foods and grains permitted in the C, Conservation Zone.
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.
One independent, self-contained dwelling unit, with private
bath and kitchen facilities located within a building containing at
least one other dwelling.
Any entity submitting an application for development pursuant
to this Ordinance. The term "applicant" shall include the term "developer."
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.
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.
The Township Committee, Planning Board, or Zoning Board of
Adjustment or designated officials of the Township, as the case may
be.
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.
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.
A heavy traffic street of considerable continuity and used
primarily as a traffic artery for intercommunication among large areas.
A man-made freshwater wetland.[1]
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]
An establishment where food and drink are prepared, served,
and consumed on premises for scheduled, privately organized parties.
The flood having a 1% chance of being equaled or exceeded
in any given year, also known as the "100-year flood."
Any area of the building having its floor sub-grade (below
ground level) on all sides.
[Removed by Ord. No. 377-2017]
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.
The Zoning Board of Adjustment of the Township of Long Hill.
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.
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.
A combination of materials forming a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
The three dimensional bulk of a structure formed by its height,
width and depth.
The office of any business establishment, other than a medical
or professional office.
[Removed by Ord. No. 377-2017]
The paved area of a street right-of-way, including travel
lanes and parking areas, but not including shoulders, curbs, sidewalks,
or swales.
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.
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.
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.
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.
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.
An establishment providing for the care, supervision, and
protection of children.
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.
A street that collects traffic from minor streets and connects
with arterial streets.
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.
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.
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.
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.
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.
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.
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.
The informal review of a plan for development that carries
no vesting rights or obligations on any party.
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.
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.
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.
A nonstructural building wall, usually window or window panel
dominated.[2]
A minor street used primarily for access to abutting properties
with only one outlet and a turn around at the closed end.
The permitted number of dwelling units per gross acre of
land to be developed.
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.
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.
An impoundment area created by constructing an embankment,
excavating a pit, or both, for the purpose of temporarily storing
stormwater.
A detention basin or alternative structure designed to temporarily
store stormwater runoff.
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]
A channel with or without a supporting ridge on the lower
side, constructed across or at the bottom of a slope.
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.
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."
A detached building or dwelling unit designed for or occupied
exclusively by one or more persons living as a single, nonprofit housekeeping
unit.[3]
Man-made deposit of soil, rock or other materials.
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.
The detachment and movement of soil or rock fragments by
the action of wind, water, gravity or ice.
Any act by which land or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
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.
The vertical location of the existing surface of land prior
to grading, excavation or other activity which may or does change
that vertical location.
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]
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.
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]
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]
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.
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.
The final grade or elevation of the ground surface conforming
to the proposed design.
[Removed by Ord. No. 377-2017]
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."
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.
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.
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.
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.
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.
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.
The sum of the floor area compared to the total area of the
site.
Particles of gasborne matter, not including process material,
arising from the combustion of solid fuel such as coal or wood.
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.
Any sign used to display the products, services and prices
available at an automobile service station.
Any stripping, cutting, filling or stockpiling of land or
any combination thereof.
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.
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]
A painted, U-shaped double line separating parking spaces.
See "accessible parking (space)."
[Added 4-8-2020 by Ord.
No. 455-20]
The vertical distance from the lowest ground elevation around
the foundation to the level of the highest elevation point of the
roof surface.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of the structure.
Any structure that is:
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;
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;
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
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
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.
An incorporated nonprofit organization operating in a development
under recorded land agreements through which:
Each lot owner shall be a member.
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.
Each owner and tenant has a right to use the common property.
Cats, dogs, fish, birds, rabbits, hamsters, gerbils and any
other similar creatures customarily treated as pets and limited to
household enjoyment and companionship.
The visual relationship, of a particular building, structure,
or streetscape element, to the human form and function.
[Removed by Ord. No. 377-2017]
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.
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]
Any semipublic use, such as, but not limited to, churches,
cemeteries, lodges and similar uses.
Any ground, soil or earth, including marshes, swamps, drainageways
and areas not permanently covered by water.
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]
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.
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.
The total square unit contents included within property lines
as measured along a plane projection of said property lines.
Subdivisions in the R-4 zone which meet the bulk requirements
as set forth in Note 13 of the Schedule of Bulk Requirements.
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.
A lot at the junction of and having frontage on two or more
intersecting streets.
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.
A lot, other than a corner lot, which fronts on two streets.
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]
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]
The Master Plan of the Township of Long Hill, as adopted
on March 26, 1996 together with any future amendments made thereto.
The office of a licensed or certified health care practitioner,
including physicians, dentists, chiropractors, therapists, etc.
A development plan of one or more lots which:
Proposes new development within the scope of development specifically
permitted by Subsection 162.2 of this Ordinance as a minor site plan.
Does not involve planned development, any new street or extension
of any off-tract improvement which is to be prorated pursuant to this
Ordinance.
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.
A street which is used primarily for access to the abutting
properties.
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.
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]
A building containing more than two dwelling units.
[Removed by Ord. No. 377-2017]
The existing ground surface of land prior to any grading,
excavation or other land disturbance.
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]
An establishment that is open only late at night, in which
music is provided, along with space in which dancing may be conducted.
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.
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.
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.
Any portion of a site not considered a critical area.
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.
Any use of open space for park or open, unroofed recreational
purposes, conservation of land or other natural resources or historic
or scenic purposes.
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.
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.
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]
The Planning Board of the Township of Long Hill.
[Removed by Ord. No. 367-2015; Ord. No. 377-2017]
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."
The principal or predominant use of any lot or parcel. The
term "primary use" shall include the term "principal use."
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.
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]
Any public utility regulated by the Board of Regulatory Commissioners.
[Removed by Ord. No. 367-2015; Ord. No. 377-2017]
The replenishment of underground water reserves.[11]
The 100-year flood along nondelineated watercourses or the
flood hazard area design flood along delineated watercourse.
[Removed by Ord. No. 377-2017]
The C, R-2, R-3, R-4, SC, R-MF, R-MF-2, R-MF-3 and TH zone
districts.
An establishment where food and drink are prepared, and served
for consumption on or off premises.[12]
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.
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.
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]
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]
The Planning Board Secretary, Zoning Board of Adjustment
Secretary and/or the Planning and Zoning Coordinator of the Township
of Long Hill.
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.
A barrier or dam built across a waterway or at other suitable
locations to retain rock, sand, gravel, silt or other material.
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.
The distance between the building and any lot 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]
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]
A short form of the Zoning Permit which may be used for permanent
signs when required in Subsection 155.6.
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.
All unconsolidated mineral and organic material of whatever
origin that overlies bedrock and can be readily excavated.
The Morris County Soil Conservation District.
The Soil Conservation Service (now the Natural Resources
Conservation Service) of the U.S. Department of Agriculture.
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.
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.
The keeping or remaining of any item on the same premises
for more than 24 hours.
Water flow on the surface of the ground, resulting from precipitation.
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.
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.
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."
Any activity which removes or significantly disturbs the
vegetation surface cover of land, including clearing and grubbing
operations.
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.
The workshop of an artist, sculptor, photographer, or craftsperson;
or a location used for instructional purposes in the arts, dance,
music, martial arts, etc.
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.
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:
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
Any alteration of a structure listed on the National Register
of Historic Places of a State Inventory of Historic Places.
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]
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.
The Township Committee of the Township of Long Hill.
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.
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.
Stabilization of erosive or sediment producing areas of land
by covering the soil with either one or more of the following:
[Removed by Ord. No. 377-2017]
Any sign, display or other graphic attached to a coin operated
machine dispensing food, beverages or other products.
A paved or surfaced area created for the purpose of pedestrian
use.
[Removed by Ord. No. 377-2017]
The use of buildings primarily for the storage of goods.
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.
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.
A detention basin designed to retain some water on a permanent
basis. The term "wet basin" shall include "wet detention basin."
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.
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]
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.
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.
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.
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]
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]
Includes the LI-2 Zone, and the VIO overlay zone.
[Added 4-8-2020 by Ord.
No. 455-20]
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]
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]
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]
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]
Includes the C, R-2, R-3, R-4 and R-5 zones.
[Added 4-8-2020 by Ord.
No. 455-20]
Includes the B-1-5, B-1-20, M and M-H Zones.
[Added 4-8-2020 by Ord.
No. 455-20]
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; amended 4-8-2020 by Ord. No. 455-20; 9-28-2022 by Ord. No. 498-22]
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.
Editor’s Note: The Zoning Map is included as an attachment to this chapter.
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.
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.
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.
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.
[Ord. No. 413-2018 § 1;
amended 7-15-2020 by Ord. No. 460-20]
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. Multifamily 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 multifamily
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, unless a higher number is set forth in
the Township's September 27, 2017, settlement agreement with the Fair
Share Housing Center.
4.
Not less than nine units or 15% of the total number of units shall
be affordable to very-low-, low- and moderate-income households for
rental units and not less than 12 units or 20% of any for sale units
shall be affordable to very-low-, low- and moderate-income households.
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.S.A. 52:27D-329.1 and N.J.A.C. 5:80-26.3. Not
more than 20% of the affordable units and not more than 10% of the
market units may have three or more bedrooms.
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 for pitched-roof structures: three residential
stories over parking or 50 feet, whichever is less. "Height" shall
mean the vertical distance from a plane representing the average ground
elevation around the foundation to a point 1/2 the distance between
the top of the uppermost plate and the highest point of a pitched
roof.
(d)
Maximum building height for non-pitched-roof structures: three
residential stories over parking or 45 feet, whichever is less. "Height"
shall mean the vertical distance from a plane representing the average
ground elevation around the foundation to the top of the highest beams
for a flat roof or to the deck level of a mansard roof.
(e)
Minimum front yard: 50 feet.
(f)
Minimum side yard: 20 feet.
(g)
Minimum rear yard: 50 feet.
(h)
Maximum building coverage: 20%.
(i)
Maximum lot coverage: 40%.
(j)
Floor area ratio: 0.5.
(k)
Buffer: 10 feet.
(l)
Parking: 1.5 spaces per unit.
[Added 10-14-2020 by Ord.
No. 463-20]
a.
Purpose. The purpose of the R-MF-5 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-5 Zone applies to a lot on the
north side of Valley Road, east of Mountain Avenue. This lot is known
as Block 11001, Lot 22.
c.
Permitted Uses. Multifamily 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-5 Zone District.
d.
Low- and Moderate-Income Housing Requirements.
1.
This property shall be used for inclusionary affordable housing multifamily
dwelling units.
2.
The minimum lot area shall be not less than seven acres.
3.
The maximum number of residential units shall be 100.
4.
Not less than 15 units or 15% of the total number of units shall
be affordable to very-low-, low- and moderate-income households for
rental units and not less than 20 units or 20% of any for sale units
shall be affordable to very-low-, low- and moderate-income households.
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.S.A. 52:27D-329.1 and N.J.A.C. 5:80-26.3.
6.
No more than 15 units, inclusive of affordable units, shall be three-bedroom
units.
7.
These bulk standards shall apply to development in the R-MF-5 Zone:
(a)
Minimum lot size: seven acres.
(b)
Minimum lot width: 200 feet.
(c)
Structure shall be a pitched roof structure. Maximum building
height for pitched roof structure: three residential stories over
parking or 50 feet, whichever is less. "Height" shall mean the vertical
distance from a plane representing the average ground elevation around
the foundation to a point 1/2 the distance between the top of the
uppermost plate and the highest point of a pitched roof.
(d)
Minimum front yard: 30 feet.
(e)
Minimum side yard: 20 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.
(k)
Parking: 1.5 spaces per unit.
[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.
[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.
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.
[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.
[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.
[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.
[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.
[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:
[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]
hh.
All
classes of cannabis establishments or cannabis distributors or cannabis
delivery services as said terms are defined in Section 3 of P.L. 2021,
c. 16,[1] but not the delivery of cannabis items and related supplies
by a delivery service.
[Added 4-28-2021 by Ord. No. 472-21]
[1]
Editor's Note: See N.J.S.A. 24:6I-33.
[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:
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.
Outdoor dining facilities may include outdoor speaker systems and
music playing subject to the following conditions:
[Amended 11-9-2022 by Ord. No. 499-22]
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:
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
|
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:
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.
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:
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:
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.
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.
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.
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 Secretary and the Township Engineer. One
signed copy shall be returned to the applicant, and signed copies
shall be filed with the approving authority, Construction Official
and the Township Engineer.
j.
Approved applications shall include the condition that, for any structures
to be built, as-built plans shall be submitted to the approving authority,
together with a certification by a professional engineer or architect
licensed by the State of New Jersey that the structure as built meets
the criteria of Subsection 143.9f.
[Ord. No. 90-01 § 2]
Additional responsibilities of the approving authority shall
include but shall not be limited to:
a.
When base flood elevation and floodway data have not been provided
in accordance with Subsection 143.3b, the approving authority shall
obtain, review and reasonably utilize any base flood elevation and
floodway data available from a Federal, State or other source, in
order to administer Subsection 143.9f.
b.
Information to Be Obtained and Maintained.
c.
Alteration of Watercourses.
1.
Notify adjacent communities and the New Jersey Department of Environmental
Protection prior to any alteration or relocation of a watercourse
and submit evidence of such notification to the Federal Insurance
Administration.
2.
Require that maintenance be provided within the altered or relocated
portion of the watercourse so that the flood carrying capacity is
not diminished.
3.
Make interpretations, where needed, as to the exact location of the
boundaries of the areas of special flood hazard (for example, where
there appears to be a conflict between a mapped boundary and actual
field conditions).
[Ord. No. 90-01 § 2]
a.
Upon the submission of a complete application for a development permit,
the approving authority shall grant or deny approval within 45 days
of the date of such submission or within such further time as may
be consented to by the applicant. If, however, the application for
a development permit is part of a larger application for development,
the approving authority shall grant or deny approval within such time
as is provided for such applications pursuant to the Municipal Land
Use Law (N.J.S.A. 40:55D-1 et seq.) or within such further time as
may be consented to by the applicant.
b.
Failure of the approving authority to reach a decision within the
specified time period, or extensions thereof, shall result in the
approval of the application as submitted.
[Ord. No. 90-01 § 2]
a.
The approving authority shall not approve any development permit
required by this section unless and until it is satisfied that the
requirements of Subsections 143.9 and 143.10 have been met.
b.
As to developments in the floodway, primary consideration shall be
given to preserving this area for the passage of floodwaters without
aggravating flood conditions upstream and downstream. Encroachments
in the floodway shall therefore be permitted only in cases in which
the general public interest will be served, such as parks, playgrounds,
bridges, utility rights-of-way and similar purposes, or where the
obstruction to the flow of floodwaters is minimal, such as recreational
areas, docks, open fencing, suitably designed dams, parking areas
and similar purposes, and only upon certification by a professional
engineer licensed in the State of New Jersey that such encroachments
will not result in any increase in flood levels during the occurrence
of the base flood discharge. In no case shall landfill be permitted
within the channel or floodway, nor shall the piping of a channel
underground be permitted.
c.
As to the developments in the special flood hazard area outside of
the floodway, primary consideration shall be given to the protection
of persons and property involved in the development, and such consideration
shall not be avoided by waiver of the applicant. This consideration
may include but not be limited to a redesign of the development to
reduce the potential impact of flood waters by changes in physical
layout and/or reductions in the intensity of such development. No
fill shall be permitted within the limits of this special flood hazard
area (100-year flood). Exceptions from the prohibitions of this subsection
shall be permitted only where the building or structure is not designed
or intended as a human dwelling place, is of a monetary value of less
than 10% of the value of the lot or parcel of land upon which it is
proposed to be installed, is not intended to house property of a value
greater than its own value or will not by reason of its size, shape,
construction or location have any substantial adverse effect upon
the functioning of the floodway by obstructing floodwaters.
At the discretion of the Planning Board, an elevated septic
system, which meets all other requirements of this section, may qualify
for an exception from the requirements of this subsection. For purposes
of this section, an "elevated building" as that term is defined by
this Ordinance, shall not be considered per se to be "fill." Elevated
septic systems and elevated buildings, however, shall be subject to
the requirements of all applicable State and Federal regulations including
but not limited to the 20% maximum fill restriction.
d.
The elevations established herein are in no way meant to supersede
or relieve any property owner or applicant from the requirements set
forth in regulations promulgated by the New Jersey Department of Environmental
Protection. The elevations established herein are to be used only
for application of the Township "no fill regulations" and are not
intended to reduce or change for any other purposes the base flood
elevations set forth in the reports and maps described in Subsection
143.3b.
[Ord. No. 90-01 § 2; Ord. No. 194-06 § 11]
In all areas of special flood hazard, the following provisions
are required:
a.
Anchoring.
1.
All new construction and substantial improvements shall be anchored
to prevent flotation, collapse or lateral movement of the structure.
2.
All manufactured homes shall be anchored to resist flotation, collapse
or lateral movement. Methods of anchoring may include, but are not
to be limited to, use of over the top or frame ties to ground anchors.
This requirement is in addition to applicable State and local anchoring
requirements for resisting wind forces.
c.
Utilities.
1.
All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system.
2.
New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of floodwaters into the systems
and discharges from the systems into floodwaters.
3.
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
4.
Electrical, heating, ventilation, plumbing and air conditioning equipment
and other service facilities shall be designed and/or located so as
to prevent water from entering or accumulating within the components
during conditions of flooding.
d.
Enclosure Openings.
1.
For all new construction and substantial improvements, fully enclosed
areas below the lowest floor that are subject to flooding shall be
designated to automatically equalize hydrostatic flood forces on exterior
walls by allowing for the entry and exit of floodwaters. Designs for
meeting this requirement must either be certified by a registered
professional engineer or architect or must meet or exceed the following
minimum criteria: A minimum of two openings having a total net area
of not less than one square inch for every square foot of enclosed
area subject to flooding shall be provided. The bottom of all openings
shall be no higher than one foot above grade. Openings may be equipped
with screens, louvers, or other coverings or devices provided that
they permit the automatic entry and exit of floodwaters.
e.
Subdivision Proposals.
1.
All subdivision proposals shall be consistent with the need to minimize
flood damage.
2.
All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood damage.
3.
All subdivision proposals shall have public utilities and facilities,
such as sewer, gas, electrical and water systems, located and constructed
to minimize flood damage.
f.
Specific Standards. In all areas of special flood hazard where base
flood elevation data has been provided as set forth in Subsection
143.7b, the following provisions are required:
1.
Residential Construction. New construction or substantial improvement
of any residential structure shall have the lowest floor, including
the basement, elevated-to or above the base flood elevation.
2.
Nonresidential Construction. New construction or substantial improvement
of any commercial, industrial or other nonresidential structure shall
either have the lowest floor, including the basement, elevated to
the level of the base flood elevation or, together with attendant
utility and sanitary facilities, be floodproofed so that below the
base flood level the structure is watertight with walls substantially
impermeable to the passage of water and with structural components
having the capability of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy. A registered professional engineer or architect
shall certify that the standards of this subsection are satisfied.
3.
No fill shall be permitted within the limits of the special flood
hazard area (100-year flood) except as permitted by Subsection 143.12c.
4.
All manufactured homes to be placed or substantially improved within
an area of special flood hazard shall be elevated on a permanent foundation
such that the top of the lowest floor is at or above the base flood
elevation.
[Ord. No. 90-01 § 2]
a.
Located within areas of special flood hazard established in Subsection
143.3b are areas designated as floodways. Since the floodway is an
extremely hazardous area due to the velocity of floodwaters which
carry debris, potential projectiles and erosion potential, the following
are prohibited in all floodways in the Township:
1.
Encroachments, including fill, new construction, substantial improvements
and developments, unless certification by a professional registered
engineer or architect is provided demonstrating that encroachments
shall not result in any increase whatsoever in flood levels during
the occurrence of the base flood discharge.
b.
If Subsection a1 is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Subsection 143.9.
c.
In all areas of special flood hazard in which base flood elevation
data has been provided and no floodway has been designated, the cumulative
effect of any proposed development when combined with all other existing
and anticipated development, shall not increase the water surface
elevation of the base flood more than 0.2 of a foot at any point.
[Ord. No. 90-01 § 2]
a.
The Planning Board shall hear and decide requests for exceptions
from the requirements of this section.
b.
The Planning Board shall hear and decide appeals when it is alleged
that there is an error in any requirement, decision or determination
made by any Township officer in the enforcement or administration
of this section.
c.
Application and filing requisites for exceptions and appeals under
this section, time limitations, hearings and other procedural requirements
shall be governed by the applicable provisions of this Ordinance and
the Municipal Land Use Law.
d.
In passing upon such applications, the Planning Board shall consider
all technical evaluations, relevant factors and standards specified
in this section and consider:
1.
The danger that materials may be swept onto other lands to the injury
of others.
2.
The danger to life and property due to flooding or erosion damage.
3.
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner.
4.
The importance of the services provided by the proposed facility
to the community.
5.
The necessity to the facility of a waterfront location where applicable.
6.
The availability of alternative locations, not subject to flooding
or erosion damage, for the proposed use.
7.
The compatibility of the proposed use with existing and anticipated
development.
8.
The relationship of the proposed use to the Township Master Plan
and floodplain management program for that area.
9.
The safety of access to the property in times of flood for ordinary
and emergency vehicles.
10.
The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters and the effects of wave action, if applicable,
expected at the site.
11.
The costs of providing governmental services during and after
flood conditions, including maintenance and repair of public utilities
and facilities, such as sewer, gas, electrical and water systems,
and streets and bridges.
e.
Upon consideration of the factors listed above and the purposes of
this section, the Planning Board may attach such conditions to the
granting of exceptions as it deems necessary to further the purposes
of this section.
f.
The Secretary of the Planning Board shall maintain respective records
of all exception applications under this section and shall report
any exceptions to the Federal Insurance Administration upon request.
g.
An appeal from any final decision of the approving authority may
be taken only to the Superior Court of New Jersey, pursuant to law.
[Ord. No. 90-01 § 2]
a.
Exceptions may be granted for the reconstruction, rehabilitation
or restoration of structures listed on the National Register of Historic
Places or the State Inventory of Historic Places, without regard to
the strict application of the standards set forth in the remainder
of this subsection.
b.
Exceptions shall not be granted within any floodway if any increase
in flood levels during the base flood discharge would result.
c.
Exceptions shall only be granted upon a determination that the exception
is the minimum necessary, considering the flood hazard, to afford
relief.
d.
Exceptions shall only be granted upon:
1.
A showing of good and sufficient cause.
2.
A determination that failure to grant the exception would result
in exceptional hardship to the applicant.
3.
A determination that the granting of an exception will not result
in increased flood heights, additional threats to public safety or
extraordinary public expense or create nuisances, cause fraud or victimization
of the public or conflict with other existing provisions of this Ordinance.
[Ord. No. 90-01 § 2]
No structure or land shall hereinafter be constructed, located, extended, converted, or altered without full compliance with the terms of this section and other applicable regulations. Violation of the provisions of this section by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this section or fails to comply with any of its requirements shall upon conviction thereof be subject tot he penalties set forth in Section 1-5 of the Township Code. Nothing herein contained shall prevent the Township from taking such other lawful action as is necessary to prevent or remedy any violation.
All applications for development shall demonstrate, to the satisfaction
of the approving authority, compliance with all of the following performance
standards:
No substance shall be emitted into the atmosphere in quantities
which are injurious to human, plant or animal life or to property
or which will interfere unreasonably with the comfortable enjoyment
of life and property anywhere in the Township. All provisions of the
New Jersey Air Pollution Control code, N.J.A.C. 7:27-1.1 et seq.,
as amended or the regulations contained in this section, whichever
shall be the more stringent, shall be complied with.
In any nonresidential zone, no smoke, the shade or appearance
of which is darker than No. 1 on the Ringelmann Smoke Chart, shall
be emitted into the open air from any fuel burning equipment; provided,
however, that smoke emitted during the clearing of a fire box or the
building of a new fire, the shade or appearance of which is not darker
than No. 2 on the Ringelmann Smoke Chart, may be permitted for a period
or periods aggregating no more than three minutes in any 15 consecutive
minutes.
a.
No discharge of solid particles through a stack, duct or vent shall
be permitted that is greater than 50% of the allowable emission in
pounds per hour established by Ordinance 7 and 8 of the New Jersey
Air Pollution Control Code, N.J.A.C. 7:27-1 et seq.
b.
No open burning shall be permitted.
c.
All incinerators shall be approved by the State Department of Environmental
Protection.
d.
Any road, parking area, driveway, truck loading or unloading station
or any other exterior area having a substantial movement of vehicles
or equipment shall be paved or otherwise stabilized during construction
sufficient to prevent the generation of dust from the movement of
such vehicles or equipment.
e.
In any zone, no odorous materials may be emitted into the atmosphere
in quantities sufficient to be detected without instruments.
a.
Each proposed use shall comply with all liquid waste requirements
of the Long Hill Township Board of Health and the New Jersey Department
of Environmental Protection.
b.
Each proposed use shall comply with the following solid waste requirements:
1.
Assume full responsibility for adequate and regular collection and
removal of all refuse except where the Township assumes such responsibility.
2.
Comply with all applicable provisions of the New Jersey Department
of Environmental Protection.
3.
Permit no accumulation on the property of any solid waste, junk or
other objectionable materials.
4.
Not engage in any sanitary landfill operation on the property except
as may be permitted by other Township codes and ordinances.
All uses of materials, equipment or facilities which are or
may be sources of radiation shall comply with all controls, standards
and requirements of the Atomic Energy Act of 1954, as amended and
any codes, rules or regulations promulgated under such Act, as well
as the Radiation Protection Act, P.L. 1958, c. 116, as amended, whichever
shall be more stringent.
a.
Noise control shall be subject to standards established by the New
Jersey Department of Environmental Protection.
b.
The burden of proof shall be on the applicant to establish that noise
levels of a proposed development shall not exceed standards established
by the Department of Environmental Protection.
c.
Measurements, if required under this subsection, shall be made by
a competent acoustical engineer using equipment meeting the United
States of America Standards Institute Standard S1.4-1961 or the latest
revision thereof and S2.22 or the latest revision. All measurements
shall be made in at least eight frequency bands. The required measurements
shall note ambient noise levels between hours of 8:00 a.m. and 11:00
p.m. for periods of at least one hour on three separate occasions.
d.
The approving authority may require post-development noise measurements
and appropriate buffering and other noise reduction methods for any
project.
In any zone, no vibrations discernible without instruments at
the lot line shall be permitted.
No single standard for glare is promulgated in this section
due to the impracticality of establishing such standards. It is the
intent of these performance standards to ensure that both direct and
indirect glare, to the extent possible, are eliminated or activities
producing such glare are carried on within a structure. Necessary
glare producing devices such as roadway and walkway lighting shall
be designed, constructed and maintained in such a manner as not to
be a nuisance to surrounding uses.
In any zone, any use or process shall not produce a temperature
rise discernible at the lot line or discharge water into an watercourse
which shall produce a temperature increase of greater than three degrees
in that watercourse measured at a point 10 feet from a point of discharge.
If it appears that any proposed use, structure, process or resulting
product or material constitutes a fire or explosion hazard, the approving
authority may require the applicant to supply proof of:
a.
Approval of the use, structure, process or resulting product or material
from the State Department of Labor and Industry indicating that adequate
safeguards against fire and explosion have been taken or installed.
b.
Approval from the Township Fire Inspector that the applicant has
complied with all applicable Township fire prevention regulations.
No toxic chemicals or pesticides shall be received, processed
or stored by any use, unless permitted by the New Jersey Department
of Environmental Protection. However, petroleum products and other
commercial products, excluding pesticides, may be used for the following
purposes:
a.
No excavation or filling of land shall be carried out that will leave
a dangerous or unsightly condition, nor a condition that might collect
water and cause a mosquito breeding place, nor a condition that might
result in depositing silt or debris on neighboring property or any
public place, nor a condition that might disturb the natural drainage
of any neighboring property or any public place.
b.
No person shall excavate or otherwise remove soil for sale or for
use other than on the premises from which the soil shall be taken,
except in connection with the construction or alteration of a building
on such premises and excavation or normal grading incidental thereto,
without having first obtained a permit therefor from the governing
body as hereinafter provided.
c.
Permit Required for Filling of Land.
1.
No person shall fill any land within the Township without first having
obtained a permit therefor from the Township Committee hereinafter
provided, except in connection with the construction or alteration
of a building or in connection with a development application or development
permit approved by the Township Planning Board or Board of Adjustment.
2.
The following shall not require a permit:
(a)
The spreading of topsoil for a lawn, provided that there is
not a buildup of more than two inches and the areas filled are well
within the property lines.
(b)
The filling of holes left by rock or tree stump removal.
(c)
The filling of sunken backfill areas, provided that such filling
does not take place more than two years after the completion of the
original backfill.
d.
Applications for Permits.
1.
A permit shall be obtained by the filing of a request with the Township
Clerk, together with a plan prepared by a New Jersey licensed professional
engineer showing the existing contour lines and the proposed contour
lines resulting from the intended removal, grading or filling of soil
in relation to the topography of the premises. The proposed contour
lines and grades are made subject to inspection by the Township Committee.
Upon completion of the removal and/or fill, the applicant may be required
to furnish the Township as-built plans showing the as-built grades.
The contour interval of these as-built plans shall be as directed
by the Township Engineer.
2.
The provisions of Subsection d1 hereof shall not apply to the incidental filling of low areas not regulated by Section 143 with clean, odor free, nonputrescible inorganic waste material by a property owner if, in the opinion of the Township Committee, no drainage problem with result. Applications for fill permits under this subsection need not be accompanied by a plan prepared by a New Jersey licensed professional engineer. Filling shall be done on land owned by the applicant and shall be covered with clean earth or, in the case of a driveway, with stones or gravel. The filling shall not excessively exceed the grade of the surrounding area and shall cause no drainage problem. If, in the opinion of the Township Committee, a drainage problem may arise from the filling operation, the provisions of Subsection d1 hereof shall apply.
e.
Application Procedures.
1.
Each application for a soil removal or filling permit shall be on
a form provided by the Township Clerk and accompanied by a fee of
$10. In addition, each applicant, when filing an application, shall
deposit with the Township Clerk the sum of $200 to cover engineering
expenses incurred in connection with the processing of the application.
The Township may draw against such funds to pay engineering fees as
they become due and payable. The Township Clerk shall keep a record
of each engineering fee account, and any unexpected portion thereof
shall be returned to the applicant without interest. If there are
engineering expenses in excess of $200, the applicant shall upon request
post additional funds to cover the engineering costs involved in the
completion of the project.
g.
In connection with soil removal permits, if the amount of soil for
removal of which application is made does not exceed 200 cubic yards
and would not be likely to cause a violation of Subsection 145.1a,
the Township Clerk is authorized to issue the soil removal permit.
Every such permit issued under this subsection shall expire 90 days
from its date of issuance.
h.
All permits issued under this section, other than the permit provided
for in Subsection 145.lg, shall expire six months from its date of
issuance.
i.
No permit for removal of topsoil to sites outside the limits of the
Township will be granted.
j.
In the event a permit is not granted, the applicant, upon written
request for a hearing made to the Township Committee, shall be given
an opportunity to be heard within 30 days thereafter.
k.
Upon the approval of an application, the permit shall be issued to
the owner of the land to be excavated or filled.
l.
All materials used in filling shall be clean and odor free. The fill
shall be done only on the land owned by the applicant and shall be
covered with topsoil and seeded or, in the case of a driveway, with
stones, gravel or bituminous concrete. The fill shall not excessively
exceed the grade of the surrounding area and shall cause no drainage
problem.
m.
Extensive Filling Requirements.
1.
For projects involving extensive filling, the Township may require
a performance bond to ensure leveling, covering with topsoil and seeding
to the required grades and maintenance of area drainage.
2.
Extensive filling may also require the filing of a before and after
general plan, and detailed check plan prepared by a professional engineer,
showing the areas to be filled, the before and after elevations, the
drainage courses, types and source of material to be used for fill,
time schedule, and such other data as the Township Committee may require.
a.
Development Applications. No application for the approval of any
project shall be granted unless and until a soil erosion and sediment
control plan shall have been submitted to and approved by the approving
authority.
b.
Other Activity.
1.
In situations where no project approval is required, it shall be
unlawful for any person to create or cause any land disturbance which
poses the risk of, or which may reasonably be anticipated to result
in, material, substantial, harmful or otherwise detrimental soil erosion
or sedimentation of or to any land or watercourse unless and until
a soil erosion and sediment control plan shall have been submitted
to and approved by the Planning Board.
2.
Such review and approval shall be made within a period of 30 days
of the submission of a complete application unless, by mutual agreement
in writing between the Township and the applicant, this period is
extended for an additional 30 days. Failure of the Township to make
a decision within such period or such extension thereof shall constitute
certification.
3.
The applicant shall be provided with written notice of such decision
by the Township Engineer. A copy of such decision including the name
of the applicant, the site location by street address and block and
lot number and the proposed land use shall be sent to the Morris County
Soil Conservation District. The Township shall also make available
such other information as may be required by the District.
c.
Principles and Standards.
1.
The soil erosion and sediment control plan shall be comprised of
a map and written report, together with whatever other instruments,
writings, drawings, plans or specifications are necessary or appropriate
under the circumstances, which fully and adequately describe both
temporary and permanent measures to be employed to control, minimize
and protect against soil erosion and sedimentation from a proposed
land disturbance, taking into account the particular nature and characteristics
of the land, the surrounding area, the watercourses, the land disturbance
and the planned development involved. The plan shall cover all stages
and aspects of the proposed land disturbance and planned development
from grading, stripping, excavation and other site preparation through
and including both final grading and the installation of permanent
improvements. It shall accordingly include a timing schedule or schedules
indicating both of the following:
(a)
The anticipated starting and completion dates of each step in
the land disturbance and development sequence and the time of exposure
of each land area prior to the completion of effective erosion and
sediment control measures.
2.
Soil erosion and sediment control measures may, as a minimum, utilize
and meet the Standards for Soil Erosion and Sediment Control in New
Jersey, as promulgated by the State Soil Conservation Committee and
as the same may hereafter be amended and supplemented.
In addition, the following general conditions shall be met by
the applicant:
(a)
It shall be the responsibility of the applicant to design the
project in accordance with standards set by the approving authority
to maintain as nearly as possible the predevelopment state and condition
of any stream, watercourse, swale, floodplain, wetland, pond, lake
or existing maintenance facility.
(b)
It shall be the responsibility of the applicant to promptly
remove sediment resulting from the applicant's project from any stream
or watercourse, pond, lake or drainage facility.
3.
In addition, the following measures or considerations shall be incorporated
in the soil erosion and sediment control plan:
(a)
The smallest practical area of land shall be exposed at any
one time during development, and the duration of such exposure shall
be kept to a practical minimum. If disturbance is within 250 feet
of steep slopes, a waterway, wetlands or similar critical areas, the
Planning Board may require a special timetable for construction including,
for example, certified completion of roadways and utilities before
beginning site-by-site construction on individual lots.
(b)
Whenever feasible, natural vegetation and the natural ground
surface shall be retained and protected.
(c)
Temporary vegetative protection plant cover and/or mulching
shall be used to protect erosion areas during development.
(d)
Diversions and outlets, both temporary and permanent, shall
be constructed and/or installed to accommodate the increased runoff
caused by the changed soil and surface conditions during and after
development.
(e)
Disturbed soil shall be stabilized as quickly as practicable.
(f)
Until the disturbed area is stabilized, sediment in the runoff
water shall be trapped and removed to the maximum extent feasible
by the use of debris basins, sediment basins, desilting basins, silt
traps or other acceptable methods.
(g)
Whenever feasible, development shall preserve salient natural
features and existing grades, thereby keeping grading, stripping and
excavation to a minimum.
(h)
Adequate provisions shall be made to minimize the damaging of
slopes and embankments by surface water. Cutoff ditches or diversions
may be utilized for this purpose.
(i)
Fill shall be placed and compacted so as to minimize sliding
or erosion and shall not encroach on watercourses.
(j)
Fill placed adjacent to a watercourse shall have suitable protection
against erosion for all weather stream flow conditions and particularly
during periods of flooding.
(k)
During grading operations, methods for dust control will be
exercised.
(l)
During grading, excavation and other construction activities,
slopes and embankments shall be stabilized by mulching with straw
sprayed with an asphalt mixture, jute matting staked in position,
a seeding of annual rye grass or other acceptable method.
(m)
Permanent (final) vegetative protection, plant cover, lawn or
ground cover and mechanical erosion control devices and measures shall
be installed or constructed and completed as soon as practicably possible.
(n)
Permanent improvements, such as roads, catch basins, curbs and
the like, shall be installed or constructed and completed as soon
as practicably possible.
d.
Implementation.
1.
In considering and approving a soil erosion and sediment control
plan, the approving authority:
(a)
Shall have the right, among other things, to fix the time schedule
for exposure of land areas and for the construction and installation
of improvements, or the taking of other measures, to prevent soil
erosion and sedimentation, and may require that such work or measures
be completed prior to any site development work.
(b)
Shall provide for the posting of performance guaranties and
maintenance bonds in the same manner as provided in this Ordinance.
(c)
May refer the plan to the Soil Conservation District and/or
to any other qualified governmental agency or agencies for review
and shall take no action on the plan before the expiration of a period
of 30 days within which the Soil Conservation District or other governmental
agencies may submit a report or until after the report is received,
whichever is sooner.
(d)
May impose lawful conditions or requirements necessary or desirable
for proper implementation of the plan and of the purpose and intent
of this section.
2.
After a soil erosion and sediment control plan has been approved,
it shall be unlawful for the applicant therefor, or any person performing
services in implementing the plan, knowingly to deviate from, change,
amend or modify the plan in any way, except in accordance with the
provisions of Subsection 3 below.
(a)
Minor changes, amendments or modifications to a soil erosion
and sediment control plan required as a result of conditions in the
field during construction may be approved by the Township Engineer
who shall, in turn, notify the approving authority thereof. Major
changes, amendments or modifications to such a plan shall require
the approval of the approving authority.
e.
Maintenance. Any person carrying out soil erosion and sediment control
measures under this section, and all subsequent owners of the property
upon which such measures have been carried out, shall adequately maintain
all permanent control measures, devices and plantings in good order
for a period of two years after completion of the approval plan implementation
or until such measures are permanently stabilized as determined by
the Township Engineer, whichever occurs sooner. Maintenance bonds
therefor shall be posted in connection therewith as provided for in
this section.
f.
Enforcement.
1.
No approval of occupancy of any building shall be granted unless
all measures required under the soil erosion and sediment control
plan have been completed in accordance with this section. A formal
report of compliance with the provisions of the approved soil erosion
and sediment control plan shall be filed with the Construction Official.
A copy of the report shall be sent to the Morris County Soil Conservation
District. Approval for occupancy may be granted notwithstanding that
permanent (final) vegetative protection, plant cover or lawn or ground
cover has not been installed if such permanent protection and cover
has not and cannot be installed because of conditions of weather,
and the installation thereof is enforced by appropriate provisions
in the bond or other security and improvement agreements which shall
provide for installation within such time limits as may be reasonable
upon direction of the Township Engineer, as soon as weather conditions
shall permit. If permanent protection and cover has not and cannot
be installed, temporary measures, in accordance with the Standards
for Soil Erosion and Sediment Control in New Jersey, as promulgated
by the State Soil Conservation Committee, must be installed until
such time as permanent measures can be installed in accordance with
the bond and agreement.
2.
The applicant shall be required to have the approved or certified
soil erosion and sediment control plan on site during construction.
3.
The Township Engineer shall enforce the requirements of this section
and shall inspect the work being undertaken in connection with a plan.
In the event of a failure to comply with any condition or thing in
the plan, the Township Engineer may issue stop orders and generally
take such action as may be justified under the circumstances, including
a recommendation to the Construction Official to revoke the building
permit or certificate of occupancy.
g.
Fees.
1.
Prior to the commencement of the construction of improvements or
of any other work to be done in accordance with the terms and provisions
of this section and the soil erosion and sediment control plan, an
inspection fee shall be paid to the Township. The inspection fee shall
be based upon an hourly rate schedule for various Township employees
who will, or may, perform inspection services, said schedule to be
as established and amended from time to time by resolution of the
Township Committee, and an estimate by the Township Engineer of the
total inspection costs based upon the rate schedule and the anticipated
inspection services.
2.
Should the total inspection fee paid hereunder be greater than the
actual inspection cost, the difference shall be refunded to the applicant
after all inspections are completed.
3.
Should the total inspection cost be greater than the inspection fee
paid hereunder, the difference shall be paid to the Township prior
to the release of any performance guaranties.
a.
Where subdivision or site plan development is traversed or bordered
by a watercourse, drainage way, channel or stream, there shall be
provided a stormwater easement or drainage right-of-way and a conservation
easement dedicated to the Township conforming substantially with the
lines of such watercourse, and such further width or construction,
or both, as will be adequate for the purpose:
1.
For major or scenic streams, or for streams within the watershed
of the Great Swamp, the conservation easement shall be 150 feet in
width on either side of the stream center line.
2.
For flowing streams of minor nature, the conservation easement shall
be 50 feet in width on either side of the stream center line.
3.
For intermittent streams and watercourses, the conservation easement
shall be 50 feet in width on either side of the stream center line.
4.
The applicant may be further required to establish and/or to maintain
appropriate vegetative cover of this stream buffer zone prior to the
transference of the conservation easement.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 194-06 and 357-2015.
[2-24-2021 by Ord. No.
469-21]
a.
This section shall be applicable to any minor or major site plan
or subdivision that requires Planning Board or Board of Adjustment
approval.
b.
This section shall also be applicable to all major developments undertaken
by Long Hill Township, the Board of Education and any other agencies
subject to review by the Township.
c.
This section shall also be applicable to minor developments as defined
herein and any major development that does not require subdivision
or site plan review.
d.
The following actions are exempt from this section provided they
do not meet the definition of "major development":
2.
The planting and harvesting of crops, plants, flowers or shrubs in
areas devoted to single-family use on the subject property.
3.
The removal and replacement of an existing impervious driveway where
no change in grade or footprint occurs.
4.
Rehabilitation of existing vegetated areas where there is no material
change in grade, surface type, or stormwater runoff patterns.
5.
Maintenance work performed by the Township through the Department
of Public Works or through a municipal contract with an outside entity.
6.
Projects exempted by state law from the requirements of this section.
[2-24-2021 by Ord. No.
469-21]
Unless otherwise defined herein, all terms in this section shall
be as defined in N.J.A.C. 7:8.
Any project that disturbs less than 1,500 square feet of
lot area and results in an increase in impervious surface of less
than 1,000 square feet.
[Amended 7-14-2021 by Ord. No. 477-21]
Any individual "development," as well as multiple developments
that individually or collectively result in:
The disturbance of one or more acres of land since February
2, 2004;
The creation of one-quarter acre or more of "regulated impervious
surface" since February 2, 2004;
The creation of one-quarter acre or more of "regulated motor
vehicle surface" since March 2, 2021; or
A combination of Subsections 2 and 3 above that totals an area
of one-quarter acre or more. The same surface shall not be counted
twice when determining if the combination area equals one-quarter
acre or more.
Major development includes all developments that are part of
a common plan of development or sale (for example, phased residential
development) that collectively or individually meet any one or more
of conditions 1, 2, 3, or 4 above. Projects undertaken by any government
agency that otherwise meet the definition of "major development" but
which do not require approval under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq., are also considered "major development."
Any project that disturbs 1,500 square feet or more of lot
area or results in an increase of impervious surface of 1,000 square
feet or more and that does not meet the definition of "major development."
[Amended 7-14-2021 by Ord. No. 477-21]
[2-24-2021 by Ord. No.
469-21]
a.
Major Developments. All major developments shall have their stormwater
management designed in accordance with the Residential Site Improvement
Standards (RSIS, N.J.A.C. 5:21) and the NJDEP Stormwater Rule (N.J.A.C.
7:8) to include green infrastructure as outlined in N.J.A.C. 7:8.
These standards shall apply to all projects, residential and nonresidential
as well as projects by the Township, Board of Education and other
agencies subject to review by the Township.
b.
Minor developments shall be designed to include the following stormwater
management measures where applicable:
1.
Seepage pits or other infiltration measures shall be provided with
a capacity of four inches of runoff for each square foot of increased
impervious area.
2.
When the approving agency finds that the existing conditions are
not conducive to infiltration, the applicant may provide other stormwater
management facilities as to result in a zero net runoff as calculated
by the Modified Rational Method.
3.
When the ground surface is changed in character such that an increase
in runoff results, but the new surface is not impervious, seepage
pits or other stormwater management facilities shall be provided to
result in a zero net runoff rate as calculated by the Modified Rational
Method.
c.
Drywell Design: Stone used in the infiltration devices shall be 2 1/2
inches clean stone and design void ratio of 33% shall be used. The
infiltration measures shall be designed with an overflow to the surface
which shall be stabilized and directed to an existing stormwater conveyance
system or in a manner to keep the overflow on the developed property
to the greatest extent feasible. If the new impervious surface is
not roof area, an equivalent area of existing roof may be directed
to the infiltration system. This shall be permitted where the existing
roof is not already directed to infiltration devices. The infiltration
of water during the rainfall event shall not be counted as a "credit"
toward the storage requirement.
d.
Soil erosion and sediment control measures shall be installed in
accordance with the Standards for Soil Erosion and Sediment Control
in New Jersey.
e.
For the purposes of this section, gravel areas that are subject to
compaction (such as driveways, parking areas and walking paths) shall
be considered impervious. Pool surface areas, patios and decks shall
be considered impervious. Gravel areas not subject to compaction (such
as decorative stone used in planting beds) shall be considered pervious.
f.
All roof gutters shall be protected from the accumulation of leaves
and litter by the installation of a gutter cap leaf separation device
within the project area. Gutter screens or louvers are not acceptable.
[2-24-2021 by Ord. No.
469-21]
a.
Standards for Relief. Waivers from strict compliance with the major
development design standards shall only be granted upon showing that
meeting the standards would result in an exceptional hardship on the
applicant or that the benefits to the public good of the deviation
from the standards would outweigh any detriments of the deviation.
A hardship will not be considered to exist if reasonable reductions
in the scope of the project would eliminate the noncompliance.
b.
Mitigation. If the reviewing agency for the project determines that
a waiver is appropriate, the applicant must execute a mitigation plan.
The scope of the mitigation plan shall be commensurate with the size
of the project and the magnitude of the relief required. The mitigation
project may be taken from the list of projects in the Municipal Stormwater
Management Plan. All mitigation projects are subject to the approval
of the Township Engineer.
c.
Reviewing Agency. All applications subject to the review of the Planning
Board or Board of Adjustment shall be reviewed by the Board concurrently
with subdivision or site plan review. Applications not subject to
Land Use Board review shall be reviewed by the Township Engineer.[1]
[1]
Editor's Note: Former Subsection d, Appeals, which immediately
followed this subsection, was repealed 7-14-2021 by Ord. No. 477-21.
[Added 10-25-2023 by Ord.
No. 528-23]
a.
All projects meeting the definition of Major Development, as defined in § LU-146.2, shall be required to include a maintenance and reporting plan as described herein.
b.
The property owner, or design engineer, shall prepare a maintenance
plan meeting the following requirements:
1.
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventive and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.
2.
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners' association)
as having the responsibility for maintenance, the plan shall include
documentation of such person's or entity's agreement to assume this
responsibility, or of the owner's obligation to dedicate a stormwater
management facility to such person under an applicable ordinance or
regulation.
3.
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases
the entire residential development or project. The individual property
owner may be assigned incidental tasks, such as weeding a green infrastructure
BMP, provided the individual agrees to assume these tasks; however,
the individual cannot be legally responsible for all of the maintenance
required.
4.
If the party responsible for maintenance identified under Subsection LU-146.5b2 above is not a public agency, the maintenance plan and any future revisions based on Subsection LU-146.5b6 below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
5.
Preventive and corrective maintenance shall be performed to maintain
the functional parameters (storage volume, infiltration rates, inflow/outflow
capacity, etc.) of the stormwater management measure, including, but
not limited to, repairs or replacement to the structure; removal of
sediment, debris, or trash; restoration of eroded areas; snow and
ice removal; fence repair or replacement; restoration of vegetation;
and repair or replacement of nonvegetated linings.
6.
The party responsible for maintenance identified under Subsection LU-146.5b2 above shall perform all of the following requirements:
(a)
Maintain a detailed log of all preventative and corrective maintenance
for the structural stormwater management measures incorporated into
the design of the development, including a record of all inspections
and copies of all maintenance related work orders;
(b)
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed;
(c)
Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Subsection LU-146.5b5 and b6 above; and
7.
The requirements of Subsection LU-146.5b2 and b3 do not apply to stormwater management facilities that are dedicated to and accepted by the Township or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department of Environmental Protection.
8.
In the event that the stormwater management facility becomes a danger
to public safety or public health, or if it is in need of maintenance
or repair, the Township shall notify the responsible person, in writing.
Upon receipt of that notice, the responsible person shall have 14
days to effect maintenance and repair of the facility in a manner
that is approved by the municipal engineer or his designee. The Township,
in its discretion, may extend the time allowed for effecting maintenance
and repair for good cause. If the responsible person fails or refuses
to perform such maintenance and repair, the Township may immediately
proceed to do so and shall bill the cost thereof to the responsible
person. Nonpayment of such a bill may result in a lien on the property.
c.
Nothing in this subsection shall preclude the Township in which the
major development is located from requiring the posting of a performance
or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
[Added 10-25-2023 by Ord.
No. 528-23]
a.
All stormwater management facilities are to be maintained by the
responsible party or homeowner association in accordance with the
approved maintenance plan.
b.
All stormwater management facilities for major developments are required
to obtain a Stormwater Maintenance Permit from the Long Hill Township
Engineering Department.
1.
The Annual fee for the Stormwater Maintenance Permit shall be $50.
2.
The Stormwater Maintenance Permit shall be renewed each year no later
than January 31.
3.
A detailed inspection and maintenance report shall be submitted annually
no later than January 31 to the Long Hill Township Engineering Department.
4.
The inspection and maintenance report shall include and not be limited
to:
(a)
Stormwater inlets and manholes.
(b)
Detention basin outflow structures.
(c)
Trash racks and overflow grates.
(d)
Vegetation.
(e)
Embankment erosion control.
(f)
Sediment removal and pond maintenance.
(g)
Mechanical Treatment Devices utilizing filters shall have a
record of filter replacement as per the manufacturer's specifications.
(h)
Green infrastructure measures.
(i)
All other stormwater measures identified within the Operations
and Maintenance Manual as system components at the time the Manual
is accepted by the Township.
[Added 10-25-2023 by Ord.
No. 528-23]
All applications for major site plans, major subdivisions and
minor site plans of three acres or greater in size shall include an
Environmental Impact Statement (EIS) in accordance with this section.
Applications for approval of minor site plans of less than three acres
and applications for approval of minor subdivisions may initially
include a completed short form Environmental Assessment (available
at the office of the Planning Board Secretary) rather than a full
EIS. Based on its review of the short form Environmental Assessment,
the approving authority may require a full EIS be submitted in connection
with such minor subdivision or minor site plan applications. All other
development applications shall include a full EIS in compliance with
Subsection 147.2 below. The approving authority may request additional
information that it deems necessary from any applicant.
An EIS shall include the following:
a.
A project plan and a statement of compatibility with State of New
Jersey, regional, Morris County and Long Hill Township Master Plans.
d.
A man-made resource inventory including a description of the following
items:
e.
A description of the probable adverse impact during and after construction
on natural resources and critical areas including impact on the following:
f.
A description of the measures that will be employed during planning
and construction to mitigate the impact of the project on the following:
g.
A list of adverse environmental impacts that are claimed to be unavoidable.
i.
Alternatives to the proposed plan and description of development
that might avoid some or all of the adverse environmental effects
of the proposed project. The statement should include the reasons
for the acceptability or nonacceptability of each alternative.
j.
A list of all known licenses, permits and other forms of approval
required by law for the development and operation of the proposed
project.
k.
A construction sequencing statement.
The approving authority shall review and comment on the information
furnished in the Environmental Impact Statement or Environmental Assessment.
The information shall be used to help ensure that the proposed project
will cause no reasonably avoidable damage to any natural or man-made
resource.
[Ord. No. 167-05 § 1]
The New Jersey Residential Site Improvement Standards set forth
in N.J.A.C. 5:21, as supplemented and amended, are incorporated herein
by reference. Any standards set forth in the Long Hill Township Land
Use Ordinance which are inconsistent with the RSIS are hereby repealed
to the extent of such inconsistency.
[Ord. No. 273-11 § 1; Ord. No. 323-2014 §§ 1,
2; Ord. No. 392-2016 § 8; 4-8-2020 by Ord. No. 455-20]
a.
In all zones, in connection with every industrial, business, institutional,
recreational, residential or any other use, there shall be provided,
at the time any building or structure is erected or is enlarged or
increased in capacity or changed in use, off-street parking for automotive
and other vehicles in accordance with the requirements set forth herein.
Such facilities shall be completed prior to the issuance of a certificate
of occupancy. The applicant shall also meet the requirements of N.J.S.A.
52:32-11 through 32-12, requiring accessible parking spaces.
1.
Properties along Main Avenue in the B-1-5 Village Business zone only have to provide 50% of the number of off-street parking required by Subsection c of this subsection.
2.
Properties in the B-D zone may share parking requirements between
and among contiguous lots for the purpose of reducing the number of
driveways and curb-cuts, and impervious coverage provided that:
(a)
All involved property owners agree to a joint site plan to be
presented to the Approving Authority.
(b)
The Approving Authority may adjust the combined total parking
requirement based upon testimony or a demonstration that the site
can accommodate the reduced amount of parking due to complementary
hours of use or other mitigating factors.
(c)
The variance granted will terminate if any involved property
has a change of use which would require an increased number of parking
spaces.
(d)
The variance is recorded as an easement on the deeds of all
involved lots.
b.
Each off-street parking space, excluding those intended for use as
accessible parking spaces, shall measure nine feet in width and 19
feet in length (or 18 feet in length where vehicles overhang a curbed
area) and shall be of a usable shape and condition. The above parking
space size shall not apply to parallel curb parking spaces which shall
measure no less than eight feet in width by 23 feet in length. Parking
spaces and accessible routes for accessible parking shall meet the
current regulations of the Americans with Disabilities Act of 2010,
as amended.
c.
The number of off-street parking spaces required shall be as set
forth in the following table: (Properties along Main Avenue in the
B-1-5 Village Business Zone only have to provide 50% of the number
of off-street parking spaces required by this subsection.)
|
Use
|
Number of Required Parking Spaces
|
|---|---|
|
Accessory apartment
|
1 per unit
|
|
Agricultural uses
|
As determined by approving authority
|
|
Apartments
|
2 per unit
|
|
Automobile service stations
|
2 per pump island plus 3 per bay or work area
|
|
Business and professional offices
|
1 per 250 square feet of floor area
|
|
Churches
|
1 per every 3 seats of estimated seating capacity
|
|
Child care center
|
No requirement
|
|
Community Residences and Community Shelters
|
1 per bedroom or 1 per 400 square feet of floor area, whichever
is greater
|
|
Dwellings, single family
|
As provided in Subsection 124.4
|
|
Family day care home
|
1 per 250 square feet of floor area
|
|
Financial institutions
|
4 per indoor teller window, or 1 per 250 square feet of floor
area, whichever is greater
|
|
Funeral Homes
|
10 spaces plus 1 per every 3 seats of estimated seating capacity
|
|
Horse farms, riding stables, swim clubs, green houses and nurseries
|
1 per 200 square feet of floor area of the principal building
|
|
Manufacturing, printing, processing and other light industrial
uses
|
1 per 500 square feet of floor area
|
|
Medical office, medical and dental clinic and immediate medical
care facilities
|
1 per 200 square feet of floor area
|
|
Nursery school
|
1.5 per employee
|
|
Open space and recreation
|
As determined by approving authority
|
|
Other public uses
|
As determined by approving authority
|
|
Public utilities and institutions
|
As determined by approving authority
|
|
Restaurants and catering halls
|
1 per 2.5 seats or 1 per 60 square feet of floor area devoted
to seating, whichever is greater
|
|
Retail sales, trade and service
|
1 per 200 square feet of floor area
|
|
Senior citizen housing
|
0.5 per dwelling unit
|
|
Townhouse
|
3 per unit with at least one to be in a garage
|
|
Warehouse
|
1 per 1,000 square feet of floor area
|
|
Wholesale trade
|
1 per 500 square feet of floor area
|
d.
For mixed use properties, the parking requirements for each use shall
be computed separately and then added together to compute the total
number of required parking areas. In all questionable or doubtful
cases, or for uses not enumerated, the approving authority shall determine
the required number of spaces, utilizing as a standard the requirements
for uses which are specifically enumerated, as well as generally accepted
standards and procedures.
e.
The number of standard automobile and van accessible parking spaces
for drivers with physical disability shall be provided and marked
in accordance with the current regulations of Americans With Disabilities
Act of 1990, as amended.
[Ord. No. 208-07 § 3; Ord. No. 230-08 § 7; Ord. No. 394-2017 § 3]
a.
There shall be adequate provision for ingress and egress to all parking
spaces. The width of access drives or driveways shall be 24 feet for
two-way traffic and 15 feet for one-way traffic.
b.
The width of all aisles providing direct access to individual parking
stalls shall be in accordance with the requirements set forth below.
Only one-way traffic shall be permitted in aisles serving single-row
parking spaces placed at an angle other than 90°.
|
Parking Angle
(degrees)
|
Aisle Width
(feet)
|
|---|---|
|
0 (parallel parking)
|
12
|
|
30
|
11
|
|
45
|
13
|
|
60
|
18
|
|
90 (perpendicular parking)
|
24
|
c.
Except in the case of single-family residences (including those with
accessory apartments), no off-street parking or loading area shall
be located in any front yard.
d.
No access drive, driveway or other means of ingress and egress shall
be located in any residential zone to provide access to uses other
than those permitted in such residential zone.
e.
Sidewalks between parking areas and principal structures, along aisles
and driveways; along public roads where required by the approving
authority, and wherever else pedestrian traffic shall occur shall
be provided with a width of four feet of passable area and shall be
raised six inches or more above any parking area except when crossing
streets or driveways. Guardrails permanently anchored to the ground
shall be provided in appropriate locations. Parked vehicles shall
not overhang or extend over sidewalk areas.
f.
All parking areas shall be paved and curbed. Granite block materials
shall be used for all curbing. A construction 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.
g.
Parking areas and driveways shall be clearly marked and delineated
with appropriate pavement markings and directional signs. "Hairpin"
markings shall be utilized for all parking stalls. The approving authority
may require that certain areas be maintained for fire fighting or
other emergency purposes, and those areas shall be appropriately designated.
h.
[Deleted by Ord. No. 394-2017 § 3]
a.
In all zones, for every building or part thereof hereafter erected
which is to be occupied by industrial, office, commercial or other
uses similarly requiring the receipt or distribution by vehicles of
material or merchandise, there shall be provided and maintained on
the same premises with such building off-street loading berths in
accordance with the requirements set forth below.
|
Use
|
Floor Area (square feet)
|
Number of Required Loading Berths
|
|---|---|---|
|
Offices
|
10,000 or more
|
1
|
|
Retail, manufacturing and industrial uses; wholesaling, and
warehousing
|
5,000 to 15,000
|
1
|
|
15,000 to 30,000
|
2
| |
|
30,000 to 50,000
|
3
| |
|
50,000 to 75,000
|
4
| |
|
For each additional 100,000 or fraction thereof
|
1
| |
|
Other uses
|
As determined by approving authority
|
b.
Each loading space shall be no less than 12 feet in width, 50 feet
in length and 14 feet in height and may not occupy any part of any
required front, side or rear yard; provided, however, that on lots
on which the rear or side yard abuts a railroad, such loading space
may occupy the rear or side yard up to the rear property line.
Off-street parking and loading facilities for separate uses
may be provided jointly if the total number of spaces so provided
is not less than the sum of the separate requirements for each use,
provided that all regulations governing the location of accessory
spaces in relation to the use served are adhered to. Further, no accessory
space or portion thereof shall serve as a required space for more
than one use unless otherwise approved by the approving authority
in accordance with the purposes and procedures set forth herein.
If any applicant can clearly demonstrate to the approving authority
that, because of the nature of the proposed operation or use, the
parking and/or loading requirements of this section are unnecessary
or excessive, the approving authority shall have the power to approve
a site plan showing less paved parking or loading areas than is required
by this section; provided, however, that a landscaped area of sufficient
size to meet the deficiency shall be set aside and reserved for the
purpose of meeting future off-street parking or loading requirements
in the event that a change of use of the premises shall make such
additional off-street facilities necessary.
[Ord. No. 424-2018]
a.
The requirements of this section shall apply to all site plan applications.
b.
All new buildings shall be related harmoniously to the natural features
of the site and to existing buildings and other substantial structures
in the vicinity that have a visual relationship to the proposed building
or buildings. The achievement of such relationship may include the
enclosure of space in conjunction with other existing buildings or
other proposed buildings and/or the creation of focal points with
respect to avenues of approach, terrain features or other buildings.
In particular areas, building design orientation may have to be adjusted
in order to maintain such relationships or to preserve visual access
to community focal points either natural or man-made.
c.
The selection of building design elements, for example in the use
of materials, fenestration, color, texture, and other design considerations
should ensure that such treatment is generally consistent with traditional
and vernacular architectural styles. For the purposes of this subsection
"traditional architectural styles" shall include the Colonial, Federal,
Georgian, Victorian and similar styles, and appropriate combinations
or alterations of these styles.
d.
Building additions and renovations should be designed to reflect
the existing building in terms of scale, materials, fenestration,
and color.
e.
Appearance of the side and rear elevations of buildings shall receive
architectural treatments comparable to that of any proposed front
facade if said elevations are generally within public view.
f.
New buildings, additions and renovations should, where appropriate,
strengthen the particular design features of its locale by, for example,
framing a view corridor, enclosing an open space area, or continuing
a particular design feature or statement. Such construction should,
when located in the Gillette, Meyersville, Millington, or Stirling
Village business districts, complement the existing building designs
in the village.
a.
Long, horizontal facades should be broken down into segments having
vertical orientation and tall vertically oriented facades shall be
broken down into horizontal components through use of appropriate
design features.
b.
Buildings with expansive blank walls are prohibited.
c.
Buildings should be designed so that facades are the prominent architectural
feature and the roofs are visually less dominant in the total design.
Gable and hip roofs shall be encouraged and other roof types may be
permitted if, in the opinion of the approving authority, the roof
is generally consistent with traditional architectural styles, and
materials suitable to such styles are used.
d.
A human scale should be achieved at ground level and along street
frontages and entryways through the use of such scale elements as
windows, doors, columns, plazas, awnings and canopies.
e.
In new infill construction, the alignments of proposed facades shall
be consistent with the existing setback of nearby buildings to the
extent permitted by this Ordinance.
a.
Multi-tenant buildings shall provide uniform storefronts, doorways,
windows, awnings and other design features for all ground floor tenants.
Upper floors of said buildings shall at a minimum be coordinated with
the ground floor through common materials and colors. Storefronts
should include display windows with a sill height not less than two
feet from grade.
b.
New construction should use windows of similar sizes and shapes or
incorporate other facade elements that establish the same pattern
of other buildings in its context. Window and door sizes and shapes
should not be significantly altered by any building renovation.
c.
In new construction, dominant zones and horizontal lines that establish
those zones should be included in the design. Such lines include the
tops of display windows, sign fascias, cornices and belt courses.
d.
Rhythms which carry through a block such as store front patterns,
window spacing, entrances, canopies or awnings, etc., should be incorporated
into new or renovated facades.
e.
Fire escapes are prohibited on the principal facade of a building.
f.
Facade renovations should be consistent with the original architectural
style of the building. Original details should be retained; when it
becomes necessary to introduce new features, they should harmonize
with existing features. If windows and doors must be replaced, new
materials that match the original design should be used.
g.
Surface detailing should be integrated within the structure rather
than applied for decorative purposes.
h.
Exterior mounted mechanical and electrical equipment shall be architecturally
screened.
i.
The use of creative lighting schemes to highlight building facades
and related areas of a site shall be encouraged, except that any such
nonresidential lighting shall be shut off by 10:00 p.m. or one-half
hour after the closing of such nonresidential use, whichever is earlier.
a.
On existing buildings, original materials shall be retained wherever
possible. No existing materials shall be covered for cosmetic reasons,
and the repair and restoration of existing materials deemed of architectural
value shall be strongly encouraged.
b.
Where appropriate, building renovations shall incorporate elements
of the original structure into the renovation design.
c.
The use of brick, stone, clapboard, shakes and other facade materials
of a traditional and vernacular nature shall be strongly encouraged.
In general, a maximum of two principal facade materials shall be permitted.
d.
Aluminum siding, metal panels and mirrored glass surfaces are prohibited
on all buildings.
e.
The painting of buildings in bold colors, patterns, checks or stripes
is discouraged.
f.
The use of earth tone colors (browns, beiges, grays, soft greens,
etc.) and/or other colors generally associated with traditional building
design shall be encouraged on all buildings. Accent or complementary
colors which harmonize with the main facade colors shall be permitted
for trim, awning and other building details.
a.
The use of street furniture (benches, tables, trash receptacles,
etc.) shall be encouraged, provided the materials used are consistent
with the overall concept of the building design and the locale in
which the building is located.
b.
Sites within a village business district for which a development
plan has been prepared shall meet all streetscape improvement recommendations
called for by said plan as they pertain to the subject property.
c.
Awnings shall be encouraged on retail buildings. All awnings shall
be constructed and installed so that the frame and fabric of the awning
is integrated into the overall building design. No awning shall extend
more than four feet from the building facade, except that awnings
in the B-3 zone shall extend to a dimension appropriate with the size
and scale of the subject building, and no awning shall be less than
eight feet above the ground. Awnings which project into any roadway,
driveway, parking or loading area are prohibited. Awnings shall not
be placed so as to conceal or disfigure an architectural feature or
detail. Awning materials shall be limited to cloth, canvas and similar
materials; metal and aluminum awnings are prohibited. Awnings should
be solid or striped and of colors specified in Subsection 152.4f.
[Ord. No. 245-09 § 4]
a.
Landscaping is to be provided as part of all development applications
and is to be integrated into building arrangements, topography, parking,
buffering and other site features. Landscaping may include trees,
shrubs, ground cover, berms, flowers, sculpture, art and similar materials,
and shall be designed to provide aesthetic, buffering, climatological,
environmental, ornamental, and other related functions. All landscaping
plans shall be prepared by a New Jersey registered landscape architect,
or other individual deemed suitably qualified by the approving authority.
b.
Shade trees shall be planted on all sites at a rate of not less than
10 trees per acre, inclusive of all trees to be required along any
street line. Said trees shall be selected from the following groups,
with at least 20% of the trees to be from Group A and at least 30%
to be selected from each of Group B and Group C:
c.
Shade trees shall meet all of the following requirements:
1.
All trees shall provide a three to 3 1/2 inch caliper as measured
six inches above the ground. Where applicable, Group A trees shall
be planted at thirty foot intervals; Group B trees shall be planted
at forty foot intervals; and Group C trees shall be planted at fifty
foot intervals.
2.
All trees must have straight trunks and be properly staked.
3.
All trees shall be balled and burlapped, well-branched and with a
good root system. Backfill shall consist of 50% humus for each tree,
and each tree, shall be thoroughly watered and properly pruned at
the time of planting.
4.
Trees to be planted in any street right-of-way shall be subject to
the approval of the Township Engineer.
5.
Where, due to the presence of sidewalks, critical areas or other
physical or environmental features, the placement of required street
trees within a street right-of-way is impossible or impractical, the
approving authority may require the creation of a ten-foot wide street
tree easement to be located adjacent to the right-of-way.
d.
The approving authority may allow a credit for existing trees against
the shade tree planting requirement of this Ordinance, and shall be
permitted to waive the parking requirements of Subsection 151.1c if
any parking shortfall is necessitated by an attempt to save existing
trees. If, in the opinion of the Shade Tree Committee, a site contains
trees of such a type, size, location, or other quality that warrants
that such trees be retained after site development, the approving
authority may require that such trees be saved by the developer. In
no case shall a "Big Tree," as identified in the Master Plan, be removed
as part of any development application.
e.
The approving authority may in appropriate instances, require the
transplanting of existing trees on a site for re-use on the subject
property or for use elsewhere in the Township provided, in the latter
instance, that such off-site usage be limited to public property only.
f.
The planting of shrubbery, bushes, flowers and similar plantings
shall be designed to serve decorative and ornamental functions as
well as screening and buffering. Junipers, yews and similar evergreen
plants shall be used largely for screening and buffering, while hollies,
rhododendron, azaleas, barberries and similar plants shall be used
at highly visible locations such as front yards, building entrances
and adjacent to ground signs. The use of flower beds and planters
shall be strongly encouraged in all nonresidential zones.
g.
All parking areas containing at least 10 parking stalls shall provide
the following landscaping features:
1.
5% of the interior portion of said parking areas, excluding all perimeter
landscaping and required buffer areas, shall be landscaped, and no
more than 15 parking stalls shall exist in a continuous row without
a landscaping break.
2.
In addition to the shade tree requirements of Subsection 153.1b,
parking lots shall provide one shade tree for each 10 parking stalls.
3.
The ends of all parking rows shall be separated from access aisles
by a landscaped island at least six feet in width.
4.
The use of tree diamonds shall be prohibited.
5.
Evergreen plantings shall be required to screen parking areas from
public rights-of-way and all residential property.
6.
Parking area designs shall be encouraged to sacrifice parking stalls
in favor of saving existing trees and other significant vegetation.
h.
Sidewalk widths shall be at least four feet; wider widths may be
necessary near pedestrian generators and employment centers. Where
sidewalks abut the curb and cars overhang the sidewalk, widths shall
be at least six feet. In high-density residential areas when sidewalks
abut the curb, a sidewalk/graded area of at least six feet in width
shall be required. Residentially zoned properties containing sidewalks
in excess of the width set forth herein are encouraged to remove the
excess sidewalk and replace same with landscaping designed in accordance
with the provisions of this subsection.
i.
All loading areas shall be landscaped in a manner that sufficiently
screens the view of the loading area and vehicles from any public
right-of-way and residential property. Landscaping in this instance
may include berms, fencing, walls or a combination thereof.
j.
All landscape plans shall provide a two year replacement guarantee
for all new plantings and all existing trees and other vegetation
to be retained after construction.
k.
All landscape plans shall be subject to a post-development inspection
by the Township Planner and/or Engineer and a representative of the
approving authority.
l.
The approving authority shall reserve the right to impose additional
landscaping requirements after due consideration of the size and type
of proposed development; the extent of existing vegetation to be removed
during construction; and the nature of surrounding land uses.
a.
Street lighting shall be of a style and number specified by the approving
authority and may be required at all roadway intersections, culs-de-sac,
roadway curves having a deflection angle of 45° or greater, and
elsewhere as deemed necessary for safety reasons. All street lights
shall have a lumen rating of 4,000.
b.
All parking areas, driveways, walkways, building entrances, loading
areas and similar locations serving multifamily residential and all
nonresidential uses shall be adequately illuminated for safety and
security purposes. The lighting of intersections, driveways and similar
locations shall provide an average illumination of 0.6 footcandle,
while all parking areas shall provide an average illumination of 0.4
footcandle. Illumination levels of other areas to be lighted shall
be determined by the approving authority after due consideration of
the subject application.
c.
All outdoor lighting shall be arranged and shielded so as to minimize
undesirable lighting impacts such as glare, driver distraction, unnecessary
illumination and nightglow. Automatic shut-off or dimming devices
shall be required for all light fixtures after 10:00 p.m., or one-half
hour after the closing of any nonresidential use, whichever is earlier.
Lighting serving multifamily residential uses shall be permitted throughout
the night, providing said lighting does not exceed an average illumination
of 0.2 footcandle.
d.
Wall-mounted light fixtures shall be preferred over pole-mounted
fixtures provided the required illumination levels can be met. When
pole-mounted fixtures are required within parking areas, said poles
shall be located within landscaped islands; no such pole shall be
permitted to be located directly within the paved portion of a parking
lot. All pole-mounted fixtures shall be set back at least two feet
from the paved surface of the parking area.
e.
No light fixture shall provide a mounting height in excess of 15
feet, as measured from the ground to top of the light fixture, or
the height of the principal building, whichever is less.
f.
The fixture style of any lighting shall be limited to traditionally-styled
lantern fixtures unless otherwise specified by the approving authority.
g.
All lighting plans shall be subject to a post-development lighting
inspection by the Township Planner and/or Engineer.
h.
The approving authority shall reserve the right to impose additional
lighting requirements after due consideration of the size and type
of the proposed development; the location and intensity of nearby
street lighting, and the nature of surrounding land uses.
[Ord. No. 102-02 § 1; Ord. No. 194-06 § 12]
a.
All permitted fences shall be situated on a lot in such a manner
that the finished side of the fence shall face adjacent properties.
No fence shall be erected of barbed wire, topped with metal spikes,
nor constructed of any material or in any manner which may be dangerous
to persons or animals, except that these provisions shall not apply
to farms.
b.
Construction permits shall be required for fences four or more feet
high conforming with the height limits for same as set forth in this
section.
c.
No fence, wall or hedge shall be permitted to adversely affect visibility
at either street or driveway intersections within the space defined
as a sight triangle.
d.
On any lot in any zone, no fence, wall or hedge shall be erected
or altered so that said fence, wall or hedge shall be over four feet
in height in front yard areas and eight feet in height in side and
rear yard areas, with the following provisions and exceptions:
1.
Living hedges may grow to an unlimited height in side and rear yard
areas provided no portion of the hedge shall be permitted to encroach
over adjacent property lines.
2.
A dog run area may have fencing a maximum of six feet in height provided
such area is located in rear yard areas only and is set back from
any lot line at least 15 feet.
3.
A private residential swimming pool shall be surrounded by a fence
at least 54 inches in height but no more than six feet in height,
with a self-latching gate.
4.
A tennis court area, located in rear yard areas only, may be surrounded
by a fence a maximum of 12 feet in height; said fence to be set back
from any lot line the distance required for accessory buildings in
the applicable zoning district.
5.
Fences located in the front yard areas that abut a paper street may
exceed four feet in height with a maximum height of six feet, provided
there are no plans to convert said paper street to a road improved
to Township standards. Where fences are located on corner lots, the
height of said fence abutting a paper street shall not exceed four
feet in height forward of the front building line facing a street
improved to Township standards. The Township Engineer shall determine
the status of the paper street for the purpose of administering this
section and clarifying whether there are plans to convert said paper
street to a road improved to Township standards.
e.
The following regulations apply to retaining walls: Retaining wall
shall mean a structure that is constructed between lands of different
elevations to stabilize the surfaces, prevent erosion, and/or protect
structures.
1.
Retaining walls shall be permitted in front, side and rear yards.
2.
Construction permits shall be required for new or substantial replacement
of retaining walls over three feet high conforming with the height
limits for same as set forth in this section.
3.
Retaining walls shall not exceed four feet in height in the front
yard or six feet in height in the side and rear yards. In the event
a guard rail or other restraining device is provided at the top of
the wall, the wall height shall be measured to the top of said restraining
device. For purposes of administering this subsection, terraced retaining
walls involving more than one section of wall above or below each
other shall be construed as one wall unless the base of the upper
wall is separated from the face of the lower wall by at least four
feet, measured horizontally.
4.
In the event a retaining wall is permitted by variance to exceed
four feet in height in the front yard or six feet in height in the
side and rear yards, the approving authority granting the variance
may require an appropriate guard rail or other restraining device
in order to protect persons from falling off the edge of the wall.
5.
Retaining walls which may present a danger or hazard to the public
welfare, including but not limited to retaining walls which are electrified,
contain broken glass, razor wire or barbed wire, or other sharp edges,
are prohibited.
6.
Approval by the Township Engineer shall be required for the erection,
relocation, alteration or other construction involving any retaining
wall located within a street right-of-way, public drainage or sewer
easement or other public land or easement under the control or jurisdiction
of the Township.
a.
Street furniture, such as but not limited to trash receptacles, benches,
and phone booths, shall be located and sized in accordance with function.
b.
The different street furniture components shall be compatible in
form, material, and finish. Design and materials shall be coordinated
with existing and proposed site building design. Selection of street
furniture shall take into consideration function, durability, maintenance,
and long-term cost.
a.
All nonresidential and multifamily developments shall provide trash
and recycling storage areas in accordance with these standards. Such
facilities shall be provided within an enclosed structure on the property
to be served by the facility.
b.
Trash and recycling storage facilities shall be located in side and
rear yards only and shall be set back at least 10 feet from a side
property line and at least five feet from a rear property line.
The required storage facility location for nonresidential uses
shall be at the rear of the building it serves, near to any loading
area, and out of view from any public street. For multifamily residential
uses the recommended location is within, or adjacent to, a tenant
parking area.
c.
Trash and recycling storage facilities shall be large enough to meet
the needs of the particular use they are intended to serve. Facility
capacity requirements will depend upon the trash and recycling demands
of the particular use, and the frequency of removal. It shall be the
responsibility of an applicant to demonstrate, to the satisfaction
of the approving authority, that the proposed capacity of storage
facilities will be adequate. The applicant shall provide estimates
of trash and recyclable material generation in terms of cubic feet
of storage space required per week per type of material to be stored.
d.
Trash and recycling storage facilities shall include a four-inch
thick reinforced concrete pad base over four inches of compacted stone,
and shall be surrounded on three sides by a masonry wall or solid
wood board fence. If the open side of the enclosure is visible from
the public street or from a public use area, a solid gate shall be
provided.
Recycling material storage areas shall be roofed. If freestanding,
fully enclosed, recycling material storage containers are utilized,
the required solid enclosure may be omitted provided the storage area
is enclosed by an acceptable landscape screen.
Storage areas for organic material may be enclosed on three
sides by an acceptable landscape screen.
Trash and recycling storage facilities for multifamily residential
developments shall be housed within roofed structures. Such structures
shall be similar, in terms of building design and building materials,
to the principal structures.
e.
Where utilized as a permitted alternative to a structural enclosure,
landscape screening for trash and recycling storage areas shall consist
of evergreen plantings at least six feet in height at time of installation,
and spaced so as to provide a continuous visual screen.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 194-06, 230-08, 366-2015, 367-2015.
[Ord. No. 377-2017]
Signs constitute a separate and distinct use of the premises
upon which they are placed and also affect the use of adjacent roads,
streets, walkways and other properties. The provisions of this Sign
Ordinance are made to establish reasonable and objective regulations
for all permanent signs in this municipality which are visible to
the public, in order to protect the general public health, safety,
welfare, convenience and aesthetics. This Ordinance is also intended
to serve the public's need to be given helpful directions, and to
be informed of available products, businesses, and services.
[Ord. No. 377-2017]
The following sign definitions are specifically applicable to
this part:
A sign which identifies a business, service, or activity
that has not operated for at least 90 days; a sign which is damaged,
in disrepair, or vandalized; a sign which advertises a nonexistent
event, use, product or service.
A sign having action, motion or flashing lights; signs with
spinners, pennants, streamers and similar displays; signs that glow
or have reflective qualities.
A sign that is mounted, painted or otherwise attached to
a device that dispenses cash.
A sign that is mounted, painted or otherwise attached to
an awning or window or door canopy. The area of awning signs shall
be calculated by multiplying the largest horizontal and vertical dimensions
of any lettering, display or graphic on the awning.
A sign located on or attached to any part of the surface
of a bench, seat or chair placed on or adjacent to a public roadway.
Any sign which directs attention to a use which is conducted,
sold or offered at a location other than the lot on which the sign
is located.
See awning sign.
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.
A sign listing the tenants or occupants of a building and
their respective professions or business activities.
A sign that displays an image, video or text using a device
that is capable of changing the message. Electronic message boards
include but are not limited to signs also known as electronic reader
boards and electronic message center signs.
An illuminated sign in which the artificial light is intermittent
or is not maintained in a stationary position or constant intensity.
Any sign used to display the products, services and prices
available at an automobile service station.
A freestanding sign which is supported by one or more columns,
uprights, poles or braces that have been secured in the ground; a
sign which is supported by a base constructed in or upon the ground.
Also commonly known as a Monument Sign.
A sign characterized by the use of artificial light, either
projecting through its surface(s) [internally illuminated]; or reflecting
off its surface(s) [externally illuminated].
An air or other gas filled sign used to advertise a product
or event. Inflatable signs include all manner of balloons used for
any display purpose.
A sign designed so that characters, letters, illustrations
or other graphics may be changed or rearranged without altering the
face or surface of the sign.
A sign used for official purposes as an aid to safety or
community service; a sign required by law. Examples include Township
entrance and exit signs, health notices, posted permits and signs
to recognize historic sites.
A sign whose message directs attention to a business, product,
service, event or activity that is not sold, produced, furnished,
or conducted on the property upon which the sign is located.
A sign whose message and design relate to an individual business,
profession, product, service, event, point of view, or activity that
is sold, offered, or conducted on the same property where the sign
is located.
A sign that is fixed or intended to remain for an indefinite
period of time.
A sign or plate indicating the name of a single family residential
property or its occupants.
A sign erected above or on the roof of a building, any part
of which extends more than six inches above the facade of a building.
A series of signs each bearing a portion of the message or
information to be conveyed and intended to be read in sequence.
A wooden, unlighted sign attached to a principal building
and located perpendicular to the front facade of the structure.
An object, device, display, or structure, or part thereof,
situated outdoors or indoors, which is used to advertise, identify,
display, direct, or attract attention to an object, person, institution,
organization, business, product, service, event, or location by any
means, including words, letters, figures, design, symbols, fixtures,
colors, illumination, or projected images.
The total square foot content of the background upon which
sign lettering or display is presented. If there is no background,
the sign area shall be computed as the product of the largest horizontal
width, "a" and the largest vertical height, "b" of the lettering or
display. This shall not be construed to include the support or design
enhancement features of any signs which are used solely for such purpose.
Design enhancement features that provide sign functions of any kind
shall be included in the sign area calculations. For signs with two
display faces, the maximum area requirement shall be permitted on
each side.
The vertical distance from the average ground elevation around
the base of ground sign to the highest level of any portion of the
sign, including support and design enhancement features.
A sign tacked, nailed, posted, pasted, glued, or otherwise
attached to trees, poles, stakes, fences, public benches, streetlights,
or other objects, or placed on any public property or in the public
right-of-way or on any private property without the permission of
the property owner. A sign attached to a utility pole in conformance
with State and utility regulations is not a snipe sign.
Any portion of a sign structure designed to elevate, suspend,
anchor, brace or hold up a sign or design enhancement feature.
Any sign constructed of cloth, canvas, fabric, paper, plywood,
corrugated material, plastic or other light material, including, sidewalk
signs, portable signs, searchlights and inflatable signs and designed
or intended to be displayed for a short period of time.
A sign attached to, painted upon or erected against the wall
or facade of a building or structure and not extending more than six
inches from the building face or facade of the structure, except that
signs exceeding 32 inches in height shall be permitted to extend up
to 10 inches from the building face. Also commonly known as a facade
sign.
A sign attached to or painted upon a window or door which
is visible to the general public from an out-of-doors position.
[Ord. No. 377-2017]
a.
Permanent signs shall not be altered, erected or maintained except
in conformity with the provisions of this section.
b.
It shall be unlawful to erect or display a new sign or make any changes
to an existing sign without first filing an application for a sign
permit with the Administrative Officer unless such sign is exempted
by this Ordinance.
c.
No sign shall be placed in such a position that it will cause confusion
or danger to street traffic by obscuring the view or by simulating
official, directional or warning signs maintained by any governmental
body, railroad or public utility concerned with the protection of
public health or safety. This shall include any sign visible from
the public right-of-way which imitates or simulates a traffic control
device.
d.
No sign shall be placed in any required sight triangle unless specifically
permitted by the approving authority. Signs placed in a sight triangle
must comply with the provisions of Subsection 157.5.
e.
An abandoned sign shall be repaired, replaced or removed within 30
days upon written notification by the Construction Official or Code
Enforcement Officer. Any visible area where a sign is replaced or
removed shall be repaired and/or painted to match the remaining structure.
All cracked, warped or broken members of a sign shall be replaced.
Deteriorated surfaces which evidence rusting, flaking or cracking
shall be replaced or repaired. All broken or cracked glass shall be
replaced.
f.
All illuminated signs shall be either indirectly lighted or be of
the diffused lighting type. Ground signs, if illuminated, shall be
illuminated by an exterior source only in accordance with Subsection
155.11b, except that ground signs in the B-3 zone may be internally
illuminated. No sign shall be lighted by using any unshielded light
source, unshielded incandescent bulbs, mirrors reflecting a direct
light source or similar devices. Buildings or structures, including
doors and windows may not be outlined by tubing or strings of lights
for advertising purposes.
[Ord. No. 377-2017]
The following signs are permitted in all zone districts:
a.
Municipal purpose signs.
b.
Flags, emblems or other insignia of a nation, State, County, municipality,
school, business, or religious group, provided that no more than one
such flag, emblem or insignia shall be permitted for each entity,
and that no such individual display exceed 24 square feet in area.
No more than three flags or similar displays shall be permitted on
the property. These regulations shall not apply to flags of the United
States of America.
c.
Customary identification signs of recognized nonprofit service organizations.
Such signs shall not exceed eight feet in height nor be more than
nine square feet in area.
d.
Signs for public and semipublic facilities such as schools, churches,
libraries and public recreational facilities. The Construction Official
may consult with the approving authority to determine suitable height
and area limitations on signs in this category. The approving authority
in determining the area and height limitations to be imposed shall
be guided by the standards established in this section.
e.
Residence designation signs not exceeding two square feet in area.
f.
Signs indicating the private nature of a road, driveway or other
premises, and signs controlling the use of private property such as
prohibition of hunting or fishing.
g.
A single ground sign or wall sign indicating a permitted home office.
It shall not exceed four feet in height or four square feet in area.
h.
A single ground sign and a single wall sign for private clubs, private
recreational facilities and multi-family residential structures. The
ground sign shall not exceed eight feet in height and nine square
feet in area. The wall sign shall not exceed nine square feet in area.
i.
Signs directing and guiding traffic and parking on private property,
providing the sign(s) contains no advertising matter or messages.
Such directional signs shall be excluded from any sign area limitations
established by this section, provided that the approving authority
and its Engineer consent to the location, size and number of signs.
j.
Vending machine signs shall be permitted in all nonresidential zones;
all such signs shall subtract the aggregate vending machine sign area
from the permitted sign area for wall, ground and other permitted
sign types.
k.
Historic or Dedication Signs are permitted if approved by the Township
Committee.
[Ord. No. 377-2017]
Any sign not specifically permitted by this Ordinance is prohibited.
The following signs and design enhancement features are unlawful and
specifically prohibited:
a.
Marquee signs. Public agency, emergency services and community service
uses are exempt.
b.
Abandoned signs.
c.
Snipe signs.
d.
Vehicular signs. No vehicle containing advertising displays shall
be parked where visible from any public right-of-way in any zone district
if the effect of such parking would be to create a permanent sign
or other advertisement not permitted by Section 155 of this Ordinance.
This regulation does not restrict the use of business logos, identification
or advertising on vehicles primarily and actively driven (operated)
for business purposes.
e.
Mechanical movement signs, including revolving signs.
f.
Electronic Message Board signs.
g.
Pennants, strings, inflatable devices, signs and streamers, and animated
signs.
h.
Signs which prevent free ingress or egress from any door, window
or fire escape. No sign other than a Code required safety placard
shall be attached to a standpipe or fire escape.
i.
Signs which emit smoke, visible vapors, particulate matter, sound,
odor or contain open flames.
j.
Off-premises signs.
k.
Portable signs.
l.
Sequential signs.
m.
Roof signs.
n.
Billboard signs.
p.
Signs erected without the permission of the property owner, with
the exception of those authorized or required by local, State, or
Federal government.
q.
Any sign containing information which states or implies that a property
may be used for any purpose not permitted under the provisions of
the Long Hill Township Zoning Ordinance.
[Ord. No. 377-2017]
Except when it is shown on an approved site plan, a permit is
required for the following signs:
[Ord. No. 377-2017]
In the B-1-5, B-1-20, M, M-H and P zones the following signs
shall be permitted in addition to those permitted in all zones:
a.
Each permitted use may have one wall sign, provided that the sign
shall not exceed an area equal to 5% of the area of the facade upon
which it is erected, or 50 square feet, whichever is smaller. In computing
permitted sign area, only one face of a building may be used as the
principal face. In the case of a use located on the ground floor of
a multi-story building, only the first floor facade area shall be
used for the purposes of calculating the permissible sign area. In
the case of a multi-occupancy structure, the allowable sign area shall
be distributed among occupants having street level frontage. Single
tenant structures shall use the first floor facade area for the purposes
of calculating the permissible sign area.
b.
For all permitted uses providing at least a fifteen foot principal building setback, one ground sign not exceeding 16 square feet in area and eight feet in height shall be permitted per lot, provided the permitted wall sign area in Subsection a is reduced to 2 1/2% of the facade area, or 25 square feet, whichever is smaller.
1.
The ground sign shall not be placed within any required sight triangle
and shall be a minimum of 10 feet from any property line. Such ground
sign is eligible for Site Plan Waiver provided it meets all requirements
stated above.
c.
Each multi-occupancy structure may display one directory of occupants
sign not exceeding eight square feet in area, provided that the directory
is located within a side or rear yard or attached to the principal
building facing the major street and provided the property contains
five or more tenants. Permitted uses on corner lots are allowed to
have a second directory sign for use on the minor road. The sign shall
be no more than eight square feet in area and shall be attached to
the principal building on the side facing the minor street.
d.
Window and door signs, not exceeding a total of 10 square feet in
total area of all such signs for each permitted use, of which up to
two square feet may be used for signs of neon or similar materials.
f.
One shingle sign not exceeding six square feet in area for each permitted
use, provided the permitted wall sign area is reduced by the size
of the shingle sign, and further provided that no ground sign is used
on the property.
g.
Awning signs, provided the total area of said signs is consistent with the provisions of Subsection a above, and further provided that no wall or shingle signs are used on the property.
h.
In addition to all other permitted signs, banks shall be permitted
up to two wall signs indicating automatic teller machine services,
provided that the aggregate area of the signs does not exceed 12 square
feet.
i.
A bench sign provided the entire sign area is no larger than seven
inches by four feet.
j.
The above requirements shall apply to all conditional uses and nonpublic
uses located in the P zone, and shall not apply to any publicly owned
use in the P zone.
[Ord. No. 377-2017]
In the B - D Downtown Valley Commercial zone, the following
signs shall be permitted in addition to those permitted in all zones:
a.
One wall sign for each permitted use provided that the area of the
wall sign shall not exceed 1 1/2% of the gross floor area of
the use, nor exceed 50 square feet in area, whichever is less and
further provided that the length of said sign does not exceed 60%
of the width of the front facade of the use. In computing permitted
sign area, only one face of a building may be used as the principal
face. In the case of a use located on the ground floor of a multi
story building, only the first floor facade area shall be used for
the purposes of calculating the permissible sign area. In the case
of a multi-occupancy structure, the allowable sign area shall be distributed
among occupants having street level frontage. Single tenant structures
shall use the first floor facade area for the purposes of calculating
the permissible sign area.
b.
As an alternative to the signs permitted in Subsection a above, each permitted use, or group of permitted uses, may erect one ground sign not exceeding 16 square feet in area and eight feet in height, provided that the permitted use or group of permitted uses represented by the ground sign have a lot frontage of at least 100 feet in length provided that it shall not be placed within any required sight triangle and shall be a minimum of 10 feet from any curb line, and provided that the permitted total area of permitted wall, awning, and door and window signs is reduced to 50% of the maximum permitted sign size permitted in Subsection a above.
[Amended 9-28-2022 by Ord. No. 501-22]
c.
Directory of occupants signs not exceeding eight square feet in area
provided that the directory located within a side or rear yard of
the property or attached to the principal building facing the major
street and provided the property contains five or more tenants. Permitted
uses on corner lots are allowed to have a second directory sign for
use on the minor road. The sign shall be no more than eight square
feet in area and shall be attached to the principal building on the
side facing the minor street.
d.
Awning signs, provided the total area of the signs is consistent with the provisions of Subsection a and further provided that no wall sign is used on the property.
e.
Window and door signs, not exceeding a total of 10 square feet in
total area of all such signs for each permitted use, of which up to
two square feet may be used for signs of neon or similar materials.
g.
In addition to all other permitted signs, banks shall be permitted
up to two wall signs indicating automatic teller machine services,
provided that the aggregate of the signs does not exceed 12 square
feet.
h.
For all permitted uses providing the minimum required front yard
setback, one ground sign not exceeding 16 square feet in area and
eight feet in height shall be permitted per lot, provided that it
shall not be placed within any required sight triangle and shall be
a minimum of 10 feet from any curb line, and provided that the permitted
total area of allowed wall, awning, and door and window signs shall
be reduced to 50% of the maximum permitted sign size allowed otherwise.
Such ground sign is eligible for Site Plan Waiver provided it meets
all requirements stated above.
[Amended 9-28-2022 by Ord. No. 501-22]
i.
A bench sign provided the entire sign area is no larger than seven
inches by four feet.
[Ord. No. 377-2017]
In the PSO Downtown Valley Planned Shopping Overlay zone, the
following signs shall be permitted in addition to those permitted
in all zones:
a.
For each permitted use of 3,000 or fewer square feet, one wall sign
the area of which shall not exceed 2% of the gross floor area of the
use.
For each permitted use over 3,000 square feet and up to 10,000
square feet, one wall sign the area of which shall not exceed 1 1/2%
of the gross floor area of the use, except that uses between 3,000
and 4,000 square feet shall be permitted a sign with an area of 60
square feet.
For all permitted uses of 10,000 or fewer square feet, wall
signs shall not be greater than 32 inches in height, except that wall
signs utilizing two lines of copy shall be permitted up to 40 inches
in height, provided each individual line of copy provides an overall
height of between 16 and 18 inches. The length of the wall sign shall
not exceed 60% of the width of the front facade of the use.
For each permitted use over 10,000 square feet in gross floor
area, one wall sign the area of which shall not exceed 0.5% of the
gross floor area of the use. No such sign shall be greater than 48
inches in height, nor shall the length of said sign exceed 40% of
the front facade of said use.
In the case of a pharmacy, liquor store or restaurant located
within a supermarket, each such use shall be permitted a separate
wall sign provided the dimensions of each wall sign are in accordance
with this subsection and further provided that each such use is permitted
a minimum sign area of at least 25 square feet.
b.
Each use may have one awning sign for each entrance sign provided
the sign is located perpendicular and adjacent to the entrance. No
awning sign shall exceed five square feet in area.
c.
One ground sign not exceeding 100 square feet in area nor 15 feet
in height, except that no individual tenant sign used for ground shall
exceed 20 square feet in area. The approving authority may, at its
sole discretion, impose additional controls on the size, dimensions
and number of individual tenant signs used for all ground signs in
the B-3 zone. For shopping centers located on corner lots, a second
ground sign shall be permitted for use on the secondary road. The
sign shall identify the shopping center name only, shall not exceed
15 square feet in area and shall be no more than three feet in height.
Setbacks for ground signs shall be measured from the curb line.
[Amended 9-28-2022 by Ord. No. 501-22]
d.
Directory of occupants signs not exceeding eight square feet in area
provided they are located in the side or rear yard of the property
and provided the property contains five or more tenants.
e.
In addition to all other permitted signs, banks shall be permitted
up to two wall signs indicating automatic teller machine services,
provided that the aggregate area of the signs does not exceed 12 square
feet.
f.
Window and door signs, not exceeding a total of 10 square feet in
total area of all such signs for each permitted use, of which up to
two square feet may be used for signs of neon or similar materials.
g.
A bench sign provided the entire sign area is no larger than seven
inches by four feet.
[Ord. No. 377-2017]
In the O, VIO and LI-2 zones, the following signs shall be permitted
in addition to those permitted in all zones:
a.
In the O zone, each permitted primary use may have one wall sign,
provided that the sign shall not exceed an area equal to 5% of the
area of the facade upon which it is erected.
b.
Each permitted primary use may have one ground sign which does not
exceed a total of 10 square feet in area nor exceed a height of eight
feet. Setbacks for ground signs shall be measured from the curb line.
[Amended 9-28-2022 by Ord. No. 501-22]
c.
One directory of occupants sign not exceeding eight square feet in
area, provided that it is located in the side or rear yard of the
property or attached to the principal building facing the major street,
and further provided the property contains five or more tenants. Permitted
uses on corner lots are allowed to have a second directory sign for
use on the minor road. The sign shall be no more than eight square
feet in area and shall be attached to the principal building on the
side facing the minor street.
d.
In addition to all other permitted signs, banks, where permitted,
shall be permitted up to two wall signs indicating automatic teller
machine services, provided that the aggregate area of said signs does
not exceed 12 square feet.
e.
Window and door signs, not exceeding a total of 10 square feet in
total area of all such signs for each permitted use, of which up to
two square feet may be used for signs of neon or similar materials.
f.
In the VIO and LI-2 zone each permitted use may have one wall sign,
provided that the sign shall not exceed an area equal to 5% of the
area of the facade upon which it is erected, providing the property
contains five or more tenants.
g.
In the VIO and LI-2 zone a property with more than one principal
building may erect one directory sign on each face that has an entrance
of each principal building providing the building contains five or
more tenants. Such directory signs shall be located no further than
10 feet from the entrance door.
[Ord. No. 377-2017]
The following design standards shall apply to all signs:
a.
The use of carved or sandblasted painted wood signs or foam board-type
materials that appear to be carved or sandblasted painted wood signs
shall be required for all ground and wall signs throughout the B-1-5,
B-1-20, M, M-H, P, B-D, O and LI-2 zones, and shall be encouraged
in all other zones of the Township.
b.
Sign lighting shall be arranged and shielded to reflect light and
glare away from adjoining properties and area travelers. Ground signs
shall be illuminated from ground mounted sources or gooseneck lamps
only, unless otherwise permitted by this section, and all such illumination
of signs shall be landscaped with evergreen plantings and shall provide
no more than 3,500 lumens total per sign.
c.
Internally lighted signs shall provide a dark background and light
lettering; in no case shall internally lighted signs use stark white
graphics of any kind. Whenever necessary, the approving authority
shall require a sample of the material to be used for any sign.
d.
Ground signs shall be supported by one or more columns or uprights
which are firmly embedded in the ground. Exposed guy wires, chains,
piping, conduit or similar materials shall not be used to support
any ground sign.
e.
New sign plans for existing development shall consolidate and improve
existing signs whenever possible. All changes to existing signs shall
conform to all applicable provisions of this section.
f.
The contents of any sign shall be limited to property and occupant
identification, company emblem and logos, and concise messages identifying
the use, product or service of the property. Unnecessarily detailed
messages, descriptions and graphics are prohibited.
g.
The total area of all columns, beams, bases and design enhancement
features used in connection with a sign shall not exceed the total
area of the subject sign. For the purposes of this requirement, the
area of all sign support and design enhancement features shall be
considered the product of the maximum horizontal and vertical measurement
of the total sign structure minus the sum of the sign area and any
air space located between the sign and the support and design enhancement
sign features.
h.
Signs for multi-occupancy structures shall use common sign sizes,
colors, graphics and shapes whenever possible.
i.
In addition to the sign size restrictions established by this section,
the depth of any sign or related support or design enhancement feature
shall not exceed two feet.
a.
Every development shall provide sufficient buffering when topographical
or other barriers do not provide reasonable screening and when the
approving authority determines that there is a need (1) to shield
neighboring properties from any adverse external effects of a development;
or (2) to shield the development from negative impacts of adjacent
uses such as streets or railroads. In high density developments, when
building design and siting do not provide privacy, the approving authority
may require landscaping, fences, or walls to screen dwelling units
for privacy.
b.
Buffering shall provide a year-round visual screen in order to reduce
adverse impacts. It may consist of fencing, evergreens, berms, rocks,
boulders or combinations thereof to achieve the same objectives.
c.
Buffering Required.
1.
Where a nonresidential use abuts a residential zone or use or is
located across a street from such a zone or use, a buffer strip of
a width specified in the Schedule of Bulk Requirements shall be provided
between the nonresidential use and the residential zone or use. Said
buffer shall be located on the property occupied by the nonresidential
use.
2.
Parking lots, trash storage and utility areas, and loading and unloading
areas should be screened around their perimeters by a buffer strip
a minimum of five feet in width.
3.
Where residential subdivisions abut higher-order streets (collectors
or arterials), adjacent lots shall front on lower-order streets, and
a landscaped buffer area shall be provided along the property line
abutting the road. The buffer strip shall be a minimum of 15 feet
or wider where necessary for the health and safety of the residents.
4.
Arrangement of plantings in buffers shall provide maximum protection
to adjacent properties and avoid damage to existing plant material.
Possible arrangements include planting in parallel, serpentine, or
broken rows. If planted berms are used, the minimum top width shall
be four feet, and the maximum side slope shall be 2:1.
5.
Evergreen plant materials in berms shall be at least eight feet in
height at planting.
6.
No buildings, structures, storage of materials, or parking shall
be permitted within the buffer area; buffer areas shall be maintained
and kept free of all debris, rubbish, weeds, and tall grass.
a.
Natural features such as trees, views, natural terrain and water
bodies shall be preserved whenever possible in any development.
b.
Natural fertility of the soil shall be preserved and on-site soil
shall be disturbed as little as possible. Top soil moved during the
course of construction shall be redistributed evenly over the tract
after construction is completed, with said areas then stabilized by
approved seeding, sodding and plantings.
c.
Where development is traversed by a watercourse, drainageway, channel
or stream, the stream corridor protection requirements of Subsection
145.3 shall apply. In order to protect the public from hazardous conditions
and for flood or erosion control purposes, the approving authority
may require a drainage ditch, stream, or other watercourse to be piped
or paved.
d.
During the design, planning and construction of any development,
a conscious effort shall be made to preserve existing vegetation on
the site. The approving authority may, at is discretion, require special
vegetation protection techniques, including snow fencing, to minimize
site disturbance during construction. The approving authority shall
reserve the right to require the transplanting of unique or extraordinary
trees that would otherwise be destroyed by site development.
a.
All developments shall be served by paved public streets and all
new streets shall be graded and provided with an all weather base
and pavement with an adequate crown and shall meet Township specifications
and standards.
b.
The arrangements of new streets constructed or to be constructed
in subdivisions shall be such as to provide for the logical extension
of any existing or mapped streets.
c.
No development showing reserve strips controlling access to another
area, either developed or undeveloped, shall be approved except where
the control and disposal of land comprising such strips has been given
to the Township after recommendation by the approving authority.
d.
Developments that adjoin or include existing streets that do not
conform to the street width requirements of this section shall include
the dedication of the additional width along one or both sides of
said street. If the subdivision is along one side of the street only,
1/2 of the required extra width shall be dedicated.
e.
The right-of-way and pavement widths shall not be less than the following,
except that the approving authority may reduce any right-of-way and/or
pavement width upon a finding that the narrower width shall be more
in keeping with the rural character of the road or the surrounding
development area or with development demand.
|
Street Type
|
Right-of-Way
|
Pavement Width
|
|---|---|---|
|
Arterial streets
|
80 feet
|
(Determined individually)
|
|
Collector streets
|
60 feet
|
36 feet
|
|
Minor streets
|
50 feet
|
30 feet
|
f.
The right-of-way width for internal roads and alleys in multifamily,
commercial and industrial developments shall be determined on an individual
basis and shall in all cases be of sufficient width and design to
safely accommodate the maximum traffic, parking and loading needs
and provide maximum access for firefighting equipment.
g.
Street intersections shall be as nearly at right angles as is possible
and in no case shall be less than 60°. No more than two streets
shall meet or intersect at any one point and the center lines of both
intersecting streets shall pass through a common point. The block
corners at intersections shall be rounded at the curbline with a curve
having a radius of not less than 20 feet. All intersections shall
observe the sight triangle requirements of Subsection 157.5.
h.
When connecting street lines deflect from each other at any one point
by more than 10° and not more than 45°, they shall be connected
by a curve with a radius of not less than 100 feet, in accordance
with recommendations of the Township Engineer.
Where streets have a reverse curve, a tangent of at least 100
feet in length shall be required.
i.
Street jogs with center line offsets of less than 125 feet shall
be prohibited.
j.
No street grade shall be less than 1%. No street grade shall be greater
than 10% except where the topography of the land to be developed is
such as to make it impossible; otherwise, to develop such land the
approving authority may, in its discretion, approve grades in excess
of 10%, but in no case shall any grade exceed a grade of 15%.
k.
In those areas where the right-of-way is on fill, the grading shall
be extended two feet beyond the right-of-way on either side as necessary
and a slope with a ratio of 2:1 shall be established, except where
it is in rock, in which case the slope can be graded according to
standard practice. These determinations shall be made in accordance
with the recommendations of the Township Engineer.
l.
All changes in grade where the algebraic difference in grade is 1%
or greater shall be connected by vertical curves of sufficient length
to provide a smooth transition and proper sight distance, but not
so great as to create drainage problems.
m.
Cul-de-sac streets may be used to discourage through traffic. Where
cul-de-sac streets are used, they shall be located so that they drain
towards their entrances and shall be no longer than 1,000 feet in
length. They shall provide a turn-around at the end and the minimum
right-of-way at the turn-around shall have a radius of at least 55
feet, a pavement radius of 45 feet, and tangent whenever practicable
to the right side of the street.
n.
All driveways or other off-street parking areas shall have driveway
aprons extending from the curbline to the street side of the sidewalk
and shall meet the same construction specifications as the street.
Continuous open driveways in excess of 25 feet resulting in the elimination
of curbing along Township streets shall be prohibited.
o.
The length, width or acreage of blocks shall be determined with due
regard to the limitations and opportunities of topography and shall
be sufficient to allow all of the area, yard and parking requirements
for the uses permitted and regulated in this Ordinance to be met as
well as providing for convenient access, circulation control and safety
of street traffic.
p.
Where extra width has been dedicated for widening the right-of-way
of existing streets, lots shall begin at such new line and all setbacks
shall be measured from such new line.
q.
Where the property to be developed is next to or includes a railroad
right-of-way, suitable provisions shall be made for considerations
such as road crossings, screening, buffers, freight access, warning
signals and signs in recognition of the relationship between the railroad
and the subdivision.
a.
Street name signs meeting Township specifications as to size, material
and location shall be installed at the intersections of all streets
and at appropriate curves on curvilinear and similar streets.
b.
No street shall have a name which will duplicate or so nearly duplicate
the name of an existing street that confusion results. The continuation
of an existing street shall have the same name.
c.
Where traffic control signs are deemed necessary by the approving
authority and Township Engineer for Township or County roads, the
proper Township or County official shall be so informed in order that
the proper agency may evaluate the necessity of the installation at
its own expense.
d.
All street name and traffic control signs shall be installed free
of visual obstruction.
a.
Curbing and gutters shall be required along all streets adjacent
to or within a development, unless waived by the approving authority
to reflect the rural character of the surrounding area or other planning,
engineering or other concerns.
b.
The minimum standards regarding the width of gutters, height of curbing,
base material, surface material, slope, depth of gutters crossing
intersections, and the installation of catch basins, shall be according
to the requirements of the Township, the Township Engineer and, in
the case of County roads, the proper County official.
c.
Curbs and gutters shall be adequate to handle the maximum water runoff
from tributary lands.
a.
Sidewalks shall be installed for all new developments in accordance
with the Circulation and Sidewalk Plan Element of the Township Master
Plan.
b.
Sidewalks shall have a maximum four foot width and shall be located
not less than four feet from the curbline, with a slope of 1/4 inch
per foot toward the street.
a.
At the intersection of two or more streets, or a street and any driveway,
no vegetation, sign, fence or wall or any other obstruction to vision
(other than sign posts) which is higher than 30 inches above curb
level shall be permitted in any sight triangle. Such sight triangle
shall be defined as the area between a twenty-foot setback from the
road or driveway yielding to the main road at the subject intersection,
and a distance of 10 feet along the center line of the main road,
measured from its intersection with the center line of the intersecting
road or driveway, for every one mile per hour of the posted speed
limit on said main road.
Applicants shall observe the following requirements and principles
of land subdivision in the design of each subdivision or portion thereof.
a.
The subdivision plat shall conform to design standards that will
encourage the most appropriate development pattern as determined by
the approving authority.
b.
If the Master Plan or the Official Map provides for the reservation
of designated streets, public drainageways, flood control basins or
public areas within the proposed development, before approving a subdivision,
the approving authority may further require that such streets, ways,
basins or areas be shown on the plat in locations and sizes suitable
to their intended uses. The approving authority may reserve the location
and extent of such streets, ways, basins or areas shown on the plat
for a period of one year after the approval of the final plat or within
such further time as may be agreed to by the applicant. Unless during
such period or extension thereof the Township shall have entered into
a contract to purchase or institute condemnation proceedings according
to law for the fee or a lesser interest in the land comprising such
streets, ways, basins or areas, the applicant shall not be bound by
such reservations shown on the plat and may proceed to use such land
for private use in accordance with applicable development regulations.
The provisions of this subsection shall not apply to the streets and
roads, flood control basins or public drainageways necessitated by
the subdivision or land development and required for final approval.
The applicant shall be entitled to just compensation for actual loss
found to be caused by such temporary reservation and deprivation of
use. In such instance, unless a lesser amount has previously been
mutually agreed upon, just compensation shall be deemed to be the
fair market value of an option to purchase the land reserved for the
period of reservation, provided that determination of such fair market
value shall include, but not be limited to, consideration of the real
property taxes apportioned to the land reserved and prorated for the
period of reservation. The applicant shall be compensated for the
reasonable increased cost of legal, engineering or other professional
services incurred in connection with obtaining subdivision or site
plan approval caused by the reservations.
a.
The arrangement of streets not shown on the Master Plan or Official
Map shall be such as to provide for the appropriate extension of existing
streets and so oriented as to permit, within the limits of practicability
and feasibility, the buildings constructed thereon to maximize solar
gain.
b.
Minor streets shall be so designed as to discourage through traffic.
c.
The street design standards of Section 157 shall apply to all subdivisions.
a.
Block length and width or acreage within bounding roads shall be
such as to accommodate the size of lot required in the zone district
by this Ordinance and to provide for convenient access, circulation
control and safety of street traffic.
b.
In blocks of over 1,000 feet long, pedestrian walks and/or serviceways
20 feet wide and extending from street to street and suitably paved
may be required in locations deemed necessary by the approving authority.
c.
The distance between intersecting streets shall not be in excess
of 1,200 feet unless the approving authority, in its discretion, believes
such requirement to be contrary to the best interests of the Township.
a.
Lot dimensions and lot area shall not be less than the requirements
of this Ordinance.
b.
Insofar as is practical, side lot lines shall be at right angles
to straight streets and radial to curved streets.
c.
Where there is a question as to the suitability of a lot or lots
for their intended use due to factors such as rock formations, flood
conditions, wetlands, steep slope or similar circumstances, the approving
authority may, after adequate investigation, withhold approval of
such lots.
a.
An application for approval of a density modification subdivision
shall be deemed an alternative method of subdividing land and may
be initiated at the option of the applicant. In addition to all other
requirements of this Ordinance, all density modification subdivisions
shall be subject to the provisions of this section.
b.
Application Procedure.
1.
An applicant proposing a density modification subdivision shall first
submit a sketch subdivision plat to the approving authority in accordance
with zoning standards enumerated in the Schedule of Bulk Requirements
applicable to subdivisions not under density modification provisions.
The purpose of the sketch subdivision plat is to establish the number
of building lots to be permitted within the subdivision. The approving
authority shall not approve such sketch subdivision plat if it includes
lots which could not, because of their situation or presence of critical
areas, be developed for residential purposes. After acceptance of
the sketch plat by the Board, the applicant may then submit a plan
(with no additional fee) in accordance with standards and conditions
of this section and Subsection 124.12, showing not more than the same
number of lots shown and agreed to in the original sketch subdivision
plat.
2.
The approving authority shall review the density modification subdivision
and thereafter decide upon the submission. The Board shall base its
decision on the proposal with regard to the following:
(a)
Whether the proposal conforms to the Master Plan of the Township.
(b)
Whether the proposal furthers the intent and spirit of this
Ordinance and the Master Plan of the Township.
(c)
Whether the proposal does comply with the intent and purpose
of the density modification provisions, as described in Subsection
124.12, and complies with the design standards herein specified.
(d)
The need for additional public open space or recreational facilities
in the area.
(e)
The potential for an open space connection between two public
open space areas.
(f)
The desirability of public access due to the peculiar physical
characteristics of the area which make it suitable for public open
space uses not otherwise available in that area.
(g)
Whether the proposed common open space area is suitable for
recreational or open space uses.
3.
The approving authority shall not be compelled to approve a proposal
for a density modification subdivision if it determines that the proposal
does not further the orderly development of the area and the proposed
open space does not relate to the Master Plan for development of the
Township.
c.
Density modification subdivisions shall be subject to the following
additional design standards:
1.
House lots and common open space shall be so arranged as to discourage
future development of the common open space for other than open space
uses.
2.
The maximum number of house lots shall abut the common open space
and all house lots shall have reasonable access to the common open
space.
3.
The location and arrangement of common open space shall be determined
with due regard for area topography, preservation of landscape, appropriate
siting of lots, relationship of open space to surrounding development,
access by persons and maintenance equipment and other applicable factors,
as determined by the approving authority.
4.
Wherever possible, common open space shall abut park land or other
land in public ownership so as to create large contiguous tracts of
open space.
5.
Where feasible, separate vehicular and pedestrian circulation systems
shall be provided.
6.
Where practicable, house lots in the density modification subdivision
shall be located and sized so as to avoid abrupt changes in lot sizes,
setbacks or the like between the density modification subdivision
and abutting existing developments.
7.
All common open space shown on a preliminary plat shall be included
in the first section submitted for final plat approval. However, in
the case of a subdivision to be developed over a period of years,
the approving authority may permit the total area proposed for common
open space to be divided among the sections as submitted for final
plat approval, in which case the common open space appurtenant to
each such section shall comply with the minimum common open space
requirements as applied to each section.
[Ord. No. 149-04 § 1; Ord. No. 195-06 § 1; Ord. No. 241-09 § 1; Ord. No. 369-2015; Ord.
No. 424-2018]
The Planning Board and Zoning Board of Adjustment have the powers
specified in Section 170 of this Ordinance to review all site plan,
subdivision and related applications in the Township.
The subdivision review procedures specified herein shall apply
to all subdivisions as defined by this Ordinance.
[Ord. No. 104-02 § 1; Ord. No. 149-04 §§ 5, 7; Ord. No. 230-08 § 8; Ord. No. 268-10; Ord. No.
321-2013 § 2; Ord. No.
394-2017 § 4; Ord. No.
424-2018]
a.
Major Site plan. No zoning permit or construction permit shall be
issued for any development, unless exempted herein, until a site plan
application has been reviewed and approved by the Planning Board or
Zoning Board of Adjustment, as the case may be. Any development that
is not designated herein as requiring minor site plan approval or
is not exempt from site plan approval shall require major site plan
approval.
b.
Minor site plan. The following activities shall not require major
site plan approval if the proposed development otherwise conforms
to the following:
1.
Any addition, alteration or modification to an existing conforming
nonresidential or multifamily residential building which will result
in less than 500 square feet of additional building coverage and/or
require fewer than five additional parking stalls.
2.
Addition of a permitted accessory building or structure to a lot
containing an existing conforming nonresidential or multifamily residential
building which accessory building or structure is no larger than 500
square feet in floor area.
3.
Addition of a home office to an existing residential structure used
for residential purposes.
4.
Establishment of a family day care home in a residential structure
used for residential purposes.
5.
Installation of a permanent standby generator for a nonresidential
use in a commercial zone which does not meet all requirements of Section
134 of the Ordinance.
c.
Exemptions from site plan approval. The following activities shall
require zoning permits but are exempt from any site plan approval,
major or minor. The Zoning Officer shall issue a zoning permit after
a determination that no variances are required and that the application
conforms to this Ordinance. If any Ordinance requirement is not met,
site plan approval will be required.
1.
Construction or alteration of a detached single- or two-family dwelling
used solely for residential purposes and its customary accessory structures
on a single lot.
2.
Erection of a sign that fully conforms to all standards of the Ordinance.
3.
Installation of a permanent standby generator accessory to any detached
single- or two-family dwelling used solely for residential purposes
or accessory to any clubhouse or similar structure in a conforming
multifamily residential development, which is operated or maintained
by a homeowners' association, and which is part of the common elements
of that development.
4.
Resurfacing of existing parking areas or other paved areas provided
that the resurfacing results in no change to grading, drainage, the
number and orientation of parking stalls, and other design details
of the area to be resurfaced.
5.
Changes in use or occupancy at existing industrial uses in any zone
and all properties within the LI-2 zone district and the VIO overlay
zone district upon a finding by the Zoning Officer that the existing
site improvements meet the development design standards in this Ordinance
and any restrictions or conditions imposed by any decision of the
Planning Board or Zoning Board of Adjustment, as the case may be.
6.
Normal maintenance or replacement, such as a new roof, painting,
new siding, or similar activity so long as no new building construction
or expansion or site alterations or improvements are proposed.
7.
Improvements or alterations on sites which secured previous site
plan approval under the terms of this Ordinance if the proposed improvements
or alterations comply with the previous site plan approval and any
conditions or restrictions imposed therein.
8.
Installation of a permanent standby generator for a nonresidential
use in a commercial zone which meets all requirements of Section 134
of this Ordinance.
9.
Outdoor dining in accordance with Subsection 124.13 of this Ordinance.
With all applications, the approving authority shall review
the submitted application, determine whether or not the applicable
standards provided in this Ordinance have been observed, note objections
to such parts of the plans as do not meet the standards, make corrections
and recommendations for desired changes to effect compliance with
the Ordinance, and be satisfied that the site plan or subdivision
or other application represents the most desirable alternative for
use and/or development of the site in compliance with the Ordinance
and, when satisfied that the proposed development complies with the
requirements of this Ordinance, shall approve the application.
a.
At the request of any applicant seeking any approval pursuant to
this Ordinance, the Planning Board shall grant one concept review
of the application which the applicant intends to submit, provided
the following conditions are met:
1.
The applicant shall submit all materials subject to the concept review
at least three weeks prior to the meeting date of the Board.
2.
The applicant shall pay the concept review fee established by this
Ordinance.
3.
The applicant shall establish an escrow account to pay for professional
review of the application, if said review is requested by the Board.
4.
The applicant and the Board shall not be bound by any comments or
findings of the concept review.
An applicant may elect to file for preliminary and final approval
simultaneously to expedite the review process, in which case the submission
requirements for final approval shall apply. Applicants seeking simultaneous
approvals do so at the peril of added expenses if changes in design
are required.
The approving authority shall have the power to review and approve
or deny site plans simultaneously with its review of a subdivision
involving the same site without the applicant being required to make
further application to the approving authority to hold further hearings.
[Ord. No. 424-2018]
a.
The approving authority, when acting upon applications for site plan
approval or subdivision approval, shall have the power to grant such
exceptions from the requirements for site plan and subdivision approval
established by this Ordinance as may be reasonable and within the
general purpose and intent of the provisions of site plan and subdivision
review and approval pursuant to the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq., if the literal enforcement of one or more of the
provisions is impracticable or will exact undue hardship because of
peculiar conditions pertaining to the land in question.
b.
The Board shall consider the opinion of the Application Review Committee
in evaluating any site plan waiver or submission requirement waiver
request by an applicant.
[Ord. No. 298-12 § 3]
a.
No application for development shall be deemed complete unless the
applicant has submitted the applicable items, information and documentation
listed in the checklist as well as all required application fees and
professional review escrow funds. If an applicant wishes to exclude
any required item the applicant must request a waiver in writing for
each item and state the reasons supporting each such waiver request.
Checklists for each type of application are found in Section 167,
Exhibit A.
b.
Each application for approval of a minor subdivision, minor site
plan, preliminary major subdivision, preliminary major site plan,
final major subdivisions, final site plan or a conditional use, as
the case may be, and each application for variance relief, shall include
all items, data, information and/or documentation requested in the
appropriate corresponding checklists. Design waiver requests are to
be listed separately along with a reason for the requested waiver.
c.
The Administrative Officer shall review all applications and accompanying
documents required by this chapter to determine that the application
is complete within the forty-five-day statutory period. An application
for development shall be complete for purposes of commencing the statutory
time period for action by the Planning Board or the Zoning Board of
Adjustment when so certified by the Administrative Officer. Nothing
herein shall be construed as diminishing the applicant's obligation
to prove in the application process that he or she is entitled to
approval of the application.
d.
The Administrative Officer may subsequently require correction of
any inaccurate or erroneous information. The Administrative Officer
may also require submission of additional information not specified
in the checklist or any revisions to the accompanying documents, as
are reasonably necessary for comprehensive review of the application
for development.
[Prior history includes Ord. No. 298-12 § 3; Ord. No. 424-2018]
[Ord. No. 230-08 § 10; Ord. No. 424-2018]
a.
The applicant shall submit to the Secretary of the approving authority
at least four weeks prior to the next meeting of the approving authority:
22 copies of each of the following: the appropriate application(s),
which includes the application(s) for any requested variance(s) and
the applicable checklist(s) with the items of information required
therein; a site survey showing the proposed and existing structures
on the property; any protective covenants, easements and/or deed restrictions
applicable to the subject site, whether recorded or unrecorded; evidence
of payment of the fee in accordance with Section 180 of this Ordinance;
and an acknowledgement signed by the applicant stating that the applicant
is familiar with the procedure set forth herein for submitting and
acting upon variance applications and agrees to be bound by it. The
Secretary shall process the application and shall issue an application
number; said number shall appear on all papers, maps, plats or plans
and other documents for processing in conjunction with the application.
b.
Promptly after the completeness review, the application documents
shall be distributed by the Secretary to each member of the approving
authority, Board Attorney, Township Planner, Township Engineer, the
appropriate Township Fire Company, Township Construction Official,
Township Fire Subcode Official, Township Police Department, Environmental
Commission, Shade Tree Committee, Zoning Officer, Township Tax Assessor
and other Township officials and consultants as may be designated
by the approving authority. Courtesy copies should also be sent to
the Township Open Space Advisory Committee and Flood Mitigation Committee.
c.
It shall be the responsibility of the applicant to provide appropriate
County, State or Federal agencies with copies of the subject application.
[Ord. No. 424-2018]
The variance application shall be acted on in the manner prescribed
by Subsection 164.2 of this Ordinance.
[Ord. No. 230-08 § 11; Ord. No. 424-2018]
a.
Each variance application submitted under this section shall provide
the following information unless waived by the approving authority:
1.
A site survey showing the proposed and existing structures on the
property, with north arrow, date of the survey and the name and signature
of the preparer of the survey.
2.
A floor plan of any principal building located on the property.
3.
Any information necessary to review the proposed development, including
floor plans, construction details, promotional pamphlets and similar
information.
4.
Zoning information, including zone classification and all area and
bulk requirements, with a zoning table showing a comparison to the
proposed development; and all dimensions and other site data needed
to insure conformity with this Ordinance.
5.
Existing and proposed buffer and landscaped areas, including an identification
of all trees over 10 inches in diameter which are proposed to be removed
as a result of the application.
6.
The location of all critical areas, including special flood hazard
areas, wetlands and wetland buffer areas, and steep slopes (as measured
over ten foot contours) over 15%, with all such areas, excluding wetland
buffer areas, shaded. For sites with no critical areas a plan note,
signed by the preparer of the plan, indicating the site contains no
critical areas, shall be provided.
8.
Certification from the Township Tax Collector that all taxes and
assessments are paid to date.
9.
A listing of approvals required by other governmental agencies, and
completed copies of applications made to any other governmental agency
with jurisdiction over the application, and/or status reports of said
applications.
10.
A completed and signed application form and proof of payment
of all required fees.
11.
Any information required by the Township Flood Damage Prevention
Ordinance.
12.
Board of Health approval for any application proposing a septic
system.
13.
Lot coverage calculations shall be included in every variance
application.
b.
Photographs, Additional Information and Waivers.
1.
Each application for variance or waiver submitted under this section
shall be accompanied by a photograph or photographs showing the property
as it currently exists and all structures thereon.
2.
The approving authority may request additional information of any
applicant seeking variance approval if said information is deemed
necessary by the Board to make an informed opinion on the application,
except that the request for such additional information shall not
be considered grounds to deem any application incomplete.
3.
The approving authority may waive submission of any information required
of variance or waiver applications in appropriate cases and for specific
applications.
[Ord. No. 300-12 § 2]
a.
The applicant shall submit to the Secretary of the approving authority
the appropriate application(s), which includes the application(s)
for any requested variance(s) and the Application Checklist as stated
in Section 167, Exhibit A, with the items of information required
therein; any protective covenants, easements and/or deed restrictions
applicable to the subject site, whether recorded or unrecorded; evidence
of payment of the fee in accordance with Section 180 of this Ordinance;
and an acknowledgement signed by the applicant stating that the applicant
is familiar with the procedure set forth herein for submitting and
acting upon minor site plans and minor subdivisions, and agrees to
be bound by it. The Secretary shall process the application and shall
issue an application number; said number shall appear on all papers,
maps, plats or plans and other documents for processing in conjunction
with the application.
b.
Promptly after the completeness review, the application documents,
shall be distributed by the Secretary to each member of the approving
authority, Board Attorney, Township Planner, Township Engineer, Township
Fire Company, Township Police Department, Environmental Commission,
Shade Tree Commission, Zoning Officer; Township Tax Assessor and other
Township officials and consultants as may be designated by the approving
authority.
c.
It shall be the responsibility of the applicant to provide appropriate
County, State or Federal agencies with copies of the subject application.
[Ord. No. 424-2018]
a.
The Administrative Officer shall review the application and shall
certify its completeness to the approving authority.
b.
The approving authority shall review the minor site plan or subdivision
application and shall either approve or deny the application within
45 days of the date the application is certified as complete or within
such further time as may be consented to in writing by the applicant.
Failure of the approving authority to act within the prescribed time
period shall constitute approval of the application, provided that
any such application that involves variance relief pursuant to N.J.S.A.
40:55D-60 or 40:55D-70d shall be acted upon within 120 days or within
such further time as may be consented to in writing by the applicant.
If approved, approval shall be deemed to be final approval of the
application.
c.
Prior to any action by the approving authority, all reports and comments
submitted by the Board Planner, Board Engineer, other Township agencies,
officials and consultants, and other governmental agencies shall be
entered into the record of the proceedings on the subject application.
Questions and comments from the public shall also be considered prior
to any action by the approving authority.
d.
The approving authority shall review the application for minor site
plan or minor subdivision in accordance with the applicable provisions
of the Municipal Land Use Law.
e.
All hearings held on applications for minor site plan approval shall
not require public notice of the hearing unless the application also
requires variance approval and/or the site for which minor site plan
approval is sought is located wholly within or within 200 feet of
a residential zoning district. The approving authority shall set the
date, time and place for the public hearing and shall inform the applicant
of this at least 14 days prior to said hearing date. Notice of the
hearing shall be given by the applicant at least 10 days prior to
the date of the hearing.
f.
When a minor site plan or minor subdivision is approved by the approving
authority, a notation to that effect, including the date of approval,
shall be made on at least five prints of the plan or plat which plan
or plat has been revised to include all conditions embodied in the
resolution of approval, and any related deed descriptions to be filed
with the County Recording Officer shall be signed by the Township
Engineer and the Chairman and Secretary of the approving authority.
No further approval of the application shall be required and the Secretary,
within 10 days of the date of the memorialization of the resolution
of said approval, shall notify the applicant of the Board's action,
and shall forward to both the applicant and the Construction Official
a copy of the resolution of approval.
g.
Approval of any application by the approving authority may be conditioned
on the satisfaction of any item(s) deemed appropriate by the Board,
including approvals required of other governmental agencies.
h.
When a minor site plan or minor subdivision is disapproved by the
approving authority, the Secretary, within 10 days of such action,
shall notify the applicant of such disapproval. Additionally, the
Secretary shall forward the applicant a copy of the resolution of
denial, within 10 days of its adoption by the approving authority,
setting forth the reasons for the disapproval.
i.
Within 190 days from the date of approval by the approving authority
of a minor subdivision, a plat map drawn in compliance with the Map
Filing Act, P.L. 190 c. 141 (C.46:29-9.9 et seq.) or deed description,
properly drafted and signed by the Chairman, Secretary and Township
Engineer shall be filed by the applicant with the County Recording
Officer. Unless filed within 190 days, the approval shall expire and
will require approval as in the first instance.
j.
Before the Secretary returns any approved minor site plan or minor
subdivision to the applicant, the applicant shall provide additional
copies of the plat or plan as may be necessary in order to furnish
copies to each of the Township Clerk, Township Engineer, Township
Planner, Tax Assessor, Zoning Officer, Board of Health, Fire Department,
Police Department and other Township, County, State or Federal officials
as prescribed by the approving authority.
The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which minor site plan or minor subdivision
approval was granted, shall not be changed for a period of two years
after the date of said approval. The approving authority may grant
an extension of said approval, providing said extension does not exceed
one year in duration.
[Ord. No. 300-12 § 3]
Submission requirements for minor site plans and minor subdivisions
are set forth in the Land Use Application Checklist as stated in Section
167, Exhibit A.
[Ord. No. 300-12 § 4]
a.
The applicant shall submit to the Secretary of the approving authority
the appropriate application(s), which includes the application(s)
for any requested variances and the Application Checklist as stated
in Section 167, Exhibit A, with the items of information required
therein; any protective covenants, easements and/or deed restrictions
applying to the subject site, whether recorded or unrecorded; evidence
of payment of the fee in accordance with Section 180 of this Ordinance;
and an acknowledgment signed by the applicant stating that the applicant
is familiar with the procedure set forth herein for submitting and
acting upon preliminary major site plans and preliminary major subdivisions
and agrees to be bound by it. The Secretary shall process the application
and shall issue an application number; said number shall appear on
all papers, maps, plats or plans and other documents submitted for
processing in conjunction with the application.
b.
Promptly after the completeness review, the application documents
shall be distributed by the Secretary to each member of the approving
authority, Board Attorney, Township Planner, Township Engineer, Township
Fire Company, Township Police Department, Environmental Commission,
Shade Tree Committee, Zoning Officer, Township Tax Assessor, and other
Township officials and consultants as may be designated by the approving
authority.
c.
It shall be the responsibility of the applicant to provide appropriate
County, State or Federal agencies with copies of the subject application.
[Ord. No. 424-2018]
a.
The Administrative Officer shall review the application and shall
certify its completeness to the approving authority.
b.
The approving authority shall review applications for preliminary
major site plan approval involving 10 acres of land or less and 10
dwelling units or less and/or preliminary major subdivision approval
involving 10 lots or less and shall grant or deny said application
within 45 days after the application is certified complete or within
such further time as may be consented to by the applicant. Failure
of the approving authority to act within the prescribed time period
shall constitute approval of the application, provided that any preliminary
major site plan or preliminary major subdivision application which
includes any requested variance relief pursuant to N.J.S.A. 40:55D-60
or N.J.S.A. 40-55D-70d shall be acted upon within 120 days or within
such further time as may be consented to by the applicant.
c.
The approving authority shall review applications for preliminary
major site plan approval involving more than 10 acres of land or more
than 10 dwellings and/or a preliminary major subdivision approval
involving more than 10 lots and shall grant or deny said application
within 95 days after the application has been certified complete or
within such further time as may be consented to by the applicant.
Failure of the approving authority to act within the prescribed time
period shall constitute approval of the application, provided that
any preliminary major site plan or preliminary major subdivision application
which includes any requested variance relief pursuant to N.J.S.A.
40:55D-60 or N.J.S.A. 40-55D-70d shall be acted upon within 120 days
or within such further time as may be consented to by the applicant.
d.
Prior to any action by the approving authority, all reports and comments
submitted by the Application Review Committee, Township Planner, Township
Engineer, other Township agencies, officials and consultants, and
other governmental agencies shall be entered into the record of the
proceedings on the subject application. Questions and comments from
the public shall also be considered prior to any action by the approving
authority.
e.
All hearings held on applications for preliminary major site plan
approval and/or preliminary major subdivision approval shall require
public notice of the hearing. The approving authority shall set the
date, time and place for the public hearing and shall inform the applicant
of this at least 14 days prior to said hearing date. Notice of the
hearing shall be given by the applicant at least 10 days prior to
the date of the hearing.
f.
If the approving authority acts favorably on the preliminary plat
or plan, the Township Engineer and the Chairman and Secretary of the
approving authority shall affix their signatures to at least five
copies of the plan or plat with the notification that it has been
approved. The applicant shall furnish said copies to the approving
authority.
g.
Should minor revisions to the plan or plat be deemed necessary, the
approving authority may grant preliminary approval subject to specified
conditions and receipt of revised plans within 30 days from the date
of said approval. Should substantial revisions be deemed necessary,
the approving authority shall require that an amended plat or plan
be submitted and acted upon as in the case of the original application.
h.
If the approving authority, after consideration and discussion of
the preliminary plan or plat, determines that it is unacceptable,
a notation shall be made by the Chairman to that effect on the plan
or plat and a resolution adopted setting forth the reasons for such
rejection. One copy of the plat or plan and said resolution shall
be returned to the applicant within 10 days of the adoption of said
resolution.
Preliminary approval shall confer upon the applicant the following
rights for a three-year period from the date of the preliminary approval:
a.
That the general terms and conditions on which preliminary approval
was granted shall not be changed including, but not limited to, use
requirements; layout and design standards for streets, curbs and sidewalks;
lot size and yard dimensions and off-tract improvements; and, in the
case of a site plan, any requirements peculiar to site plan approval
except that nothing herein shall be construed to prevent the Township
from modifying, by Ordinance, such general terms and conditions of
preliminary approval as may be related to public health and safety;
b.
That the applicant may submit for final approval on or before the
expiration date of preliminary approval the whole or a section or
sections of the preliminary plan, as the case may be;
c.
That the applicant may apply for, and the approving authority may
grant, extensions on such preliminary approval for additional periods
of at least one year, but not to exceed a total extension of two years,
provided that if the design standards have been revised by ordinance,
such revised standards shall govern; and
d.
In the case of a subdivision or of a site plan for an area 50 acres
or more, the approving authority may grant the rights referred to
in this subsection for such period of time, longer than three years,
as shall be determined by the approving authority to be reasonable,
taking into consideration the number of dwelling units and nonresidential
floor area permissible under preliminary approval; economic conditions,
and the comprehensiveness of the development.
|
The applicant may apply for and the approving authority may
thereafter grant an extension to preliminary approval for such additional
period of time, as shall be determined to be reasonable taking into
consideration the number of dwelling units and nonresidential floor
area permissible under preliminary approval; the potential number
of dwelling units and nonresidential floor area of the section or
sections awaiting final approval; economic conditions, and the comprehensiveness
of the development, provided that if the design standards have been
revised by ordinance, such revised standards may govern.
|
[Ord. No. 300-12 § 5]
Submission requirements for minor site plans and minor subdivisions
are set forth in the Land Use Application Checklist, stated in Section
167, Exhibit A.
[Ord. No. 300-12 § 6]
a.
A final plan or final plat shall be submitted to the Secretary of
the approving authority within three years after the date of preliminary
approval or any authorized extension thereof as permitted by this
section. The applicant shall submit to the Secretary the appropriate
application(s), which includes the applications for any requested
variance(s) and the Application Checklist as stated in Section 167,
Exhibit A, with the items of information required therein; evidence
of payment of fees in accordance with Section 180 of this Ordinance;
and an acknowledgment signed by the applicant stating that the applicant
is familiar with the procedure set forth herein for submitting and
acting upon final major subdivision plats and final major site plans,
and agrees to be bound by it. The Secretary shall process the application
and shall issue an application number; said number shall appear on
all papers, maps, plans or plats and other documents submitted in
conjunction with the application.
b.
Promptly after the completeness review, the application documents
shall be distributed by the Secretary to each member of the approving
authority; Board Attorney; Township Planner; Township Engineer; Township
Fire Company; Township Police Department; Environmental Commission;
Shade Tree Committee; Zoning Officer; Township Tax Assessor, and other
Township officials and consultants as may be designated by the approving
authority.
c.
It shall be the responsibility of the applicant to provide appropriate
County, State or Federal agencies with copies of the subject application.
[Ord. No. 424-2018]
a.
The Administrative Officer shall review the application and shall
certify its completeness to the approving authority.
b.
The approving authority shall review applications for final site
plan approval and final subdivision approval and shall grant or deny
said application within 45 days after the application has been certified
complete or within such further time as may be consented to by the
applicant. Failure of the approving authority to act within the prescribed
time period shall constitute approval of the application.
c.
Prior to any action by the approving authority, all reports and comments
submitted by the Application Review Committee, Township Planner, Township
Engineer, and other Township agencies, officials and consultants,
and other governmental agencies shall be entered into the record of
the proceedings on the subject application. Questions and comments
from the public shall also be considered prior to any action by the
approving authority.
d.
The approving authority shall not approve an application for a final
major site plan or final major subdivision unless said application
meets all conditions of the previously granted preliminary approval
and other requirements as may be imposed by the approving authority.
e.
If the approving authority acts favorably on the final plan or plat,
the Township Engineer and the Chairman and Secretary of the approving
authority shall affix their signatures to at least 10 copies of the
plan or plat with the notification that it has been approved. The
applicant shall furnish such copies to the approving authority for
signing. Moreover, in the case of final subdivisions only, the applicant
shall include for signing one cloth copy and at least two mylar copies
of the approved plat in addition to the 10 paper copies.
f.
After approval of the final plan or plat by the approving authority,
the Secretary shall retain one copy of the signed plat or plan and
shall furnish other copies to each of the following within 10 days
from the date of the adoption of a resolution: Township Clerk, Township
Engineer, Township Planner, Tax Assessor, Zoning Officer, Board of
Health, Fire Company, Police Department and other County, State or
Federal Officials as prescribed by the approving authority.
g.
Within 95 days of the date of approval by the approving authority
of a final subdivision plat, the applicant shall file a copy of same
with the Morris County Clerk. In the event of failure to file within
said 95 days, the approval of the major subdivision shall expire and
any further proceedings shall require the filing of a new application
as in the first instance. The approving authority, for good cause
shown, may extend the filing for an additional 95 days.
h.
If the approving authority, after consideration and discussion of
the final plat or plan, disapproves the submission, a notation to
that effect shall be made by the Chairman on the plat or plan. The
Secretary, within 10 days of such adoption, shall notify the applicant
of such disapproval and forward the applicant a copy of the plan and
adopted resolution setting forth the reasons for the disapproval.
a.
Final approval of a subdivision or site plan shall confer upon the
applicant the following rights for a period of two years from the
date of final approval:
1.
The zoning requirements applicable to the preliminary approval first
granted and all other rights conferred upon the applicant, whether
conditionally or otherwise, shall not be changed.
2.
If the applicant has followed the standards prescribed for final
approval, the approving authority may extend the period of protection
for extensions of one year, but not to exceed three extensions.
b.
In the case of a subdivision or site plan of 150 acres of more, or
site plan for development of a nonresidential floor area of 200,000
square feet or more, the approving authority may grant the rights
referred to in this subsection for such period of time, longer than
two years, as shall be determined by the approving authority to be
reasonable taking into consideration the number of dwelling units
and nonresidential floor area permissible under final approval; economic
conditions; and the comprehensiveness of the development.
The applicant may apply for, and the approving authority may
thereafter grant, an extension to final approval for such additional
period of time as shall be determined by the approving authority to
be reasonable taking into consideration the number of dwelling units
and nonresidential floor area permissible under final approval; the
number of dwelling units and nonresidential floor area remaining to
be developed, economic conditions, and the comprehensiveness of the
development.
[Ord. No. 16-97; Ord. No. 300-12 § 7]
Submission requirements for final major site plans and final
major subdivisions are set forth in the Land Use Application Checklist
stated in Section 167, Exhibit A.
[Ord. No. 300-12 § 1; Ord. No. 357-2015 § 4; Ord. No. 369-2015; Ord.
No. 378-2016 § 1; Ord.
No. 394-2017 § 5]
a.
The Land Use Application Checklist is attached hereto as Exhibit
"A" and is incorporated herein by reference.
b.
The Land Use Application Checklist for Bulk Applications is attached
hereto as Exhibit "B" and is incorporated herein by reference.
The final determination as to whether this checklist is suitable
for use with a specific application shall be made by the Planning
and Zoning Coordinator.
[1]
Editor’s Note: The Land Use Application Checklists are included as attachments to this chapter.
[Ord. No. 310-13; Ord. No. 340-2014]
There is hereby established pursuant to the Municipal Land Use
Law, N.J.S.A. 40:55D-1 et seq., in the Township of Long Hill, a Planning
Board of nine members consisting of the following four classes:
a.
Class I. The Mayor or the Mayor's designee in the absence of the
Mayor.
b.
Class II. One of the officials of the municipality other than a member
of the Township Committee to be appointed by the Mayor, provided that
if there is an Environmental Commission, the member of the Environmental
Commission who is also a member of the Planning Board as required
by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Planning Board
member if there are both a member of the Board of Adjustment and a
member of the Board of Education among the Class IV members.
c.
Class III. A member of the Township Committee to be appointed by
it.
d.
Class IV. Six other citizens of the municipality to be appointed
by the Mayor. The members of Class IV shall hold no other municipal
office, position or employment, except that in the case of nine-member
boards, one such member may be a member of the Zoning Board of Adjustment
or Historic Preservation Commission. No member of the Board of Education
may be a Class IV member of the Planning Board, except that in the
case of a nine-member board, one Class IV member may be a member of
the Board of Education. If there be a municipal Environmental Commission,
the member of the Environmental Commission who is also a member of
the planning board, as required by Section 1 of P.L. 1968, c. 245
(C.40:56A-1), shall be a Class IV Planning Board member, unless there
be among the Class IV or alternate members of the Planning Board both
a member of the Zoning Board of Adjustment or Historic Preservation
Commission and a member of the Board of Education, in which case the
member common to the Planning Board and Municipal Environmental Commission
shall be deemed a Class II member of the Planning Board. For the purpose
of this section, membership on a municipal board or commission whose
function is advisory in nature, and the establishment of which is
discretionary and not required by statute, shall not be considered
the holding of municipal office.
a.
The term of the member composing Class I shall correspond with the
Mayor's official tenure, or if the member is the Mayor's designee
in the absence of the Mayor, the designee shall serve at the pleasure
of the Mayor during the Mayor's official tenure. The terms of the
members composing Class II and Class III shall be for one year or
terminate at the completion of their respective terms of office, whichever
occurs first. The term of a Class IV member who is also a member of
the Environmental Commission and the Board of Education or Board of
Adjustment shall be for three years or terminate at the completion
of his or her term of office as a member of such other governmental
body, whichever occurs first.
b.
All Class IV members shall be appointed for terms of four years except
as otherwise hereinabove provided. All terms shall run from January
1 of the year in which the appointment is made.
If a vacancy in any class shall occur otherwise than by expiration
of term, it shall be filled by appointment as above provided for the
unexpired term.
If the Planning Board lacks a quorum because any of its regular
or alternate members is prohibited by N.J.S.A. 40:55D-23b or N.J.S.A.
40:55D-23.1 from acting on a matter due to the member's personal or
financial interests therein, regular members of the Board of Adjustment
shall be called upon to serve for that matter only, as temporary members
of the Planning Board in order of seniority of continuous service
to the Board of Adjustment until there are the minimum number of members
necessary to constitute a quorum to act upon the matter without any
personal or financial interest therein, whether direct or indirect.
If a choice has to be made between regular members of equal seniority,
the Chairman of the Board of Adjustment shall make the choice.
[Ord. No. 218-07 § 2]
The Planning Board shall elect a Chairman and Vice Chairman
from its members.
There is hereby created the office of Planning Board Attorney.
The Planning Board may annually appoint and fix the compensation of
or agree upon the rate of compensation of the Planning Board Attorney
who shall be an attorney other than the Municipal Attorney.
The Planning Board may also employ or contract for the services
of experts and other staff and services as it may deem necessary.
The Board shall not exceed, however, exclusive of gifts or grants,
the amount appropriated by the Township Committee for its use.
The powers of the Planning Board shall be in accordance with
Article II of the Municipal Land Use Law and amendments and supplements
thereto and with the provisions of this section. The Planning Board
is authorized to adopt bylaws governing its procedural operation.
It shall also have the following powers and duties:
a.
To make and adopt and amend a Master Plan for the physical development
of the Township, including its relationship to any area outside its
boundaries which in the Board's judgment bears an essential relationship
to the planning of the Township in accordance with the provisions
of N.J.S.A. 40:55D28.
b.
To administer the applicable provisions of this Ordinance in accordance
with the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).
c.
To participate in the preparation and review of programs or plans
required by State or Federal law or regulations.
d.
To assemble data on a continuing basis as part of a continuous planning
process.
e.
To annually prepare a program of municipal capital improvement projects
projected over a term of six years and amendments thereto, and recommend
same to the Township Committee.
f.
To consider and make a report to the Township Committee within 35
days after referral as to any proposed development regulation submitted
to it pursuant to the provisions of N.J.S.A. 40:55D-26a and also pass
upon other matters specifically referred to the Planning Board by
the Township Committee of the Township of Long Hill pursuant to the
provisions of N.J.S.A. 40:55D-26b.
g.
When reviewing applications for approval of subdivision plats, site
plans or conditional uses, to grant, to the same extent and subject
to the same restrictions as the Zoning Board of Adjustment:
1.
Variances pursuant to N.J.S.A. 40:55D-70c from lot area, lot dimensional,
setback and yard requirements, provided that such relief from lot
area requirements shall not be granted except as applied to the required
lot area for a lot or lots for detached one or two dwelling unit buildings
which lot or lots are either an isolated undersized lot or lots resulting
from a minor subdivision.
2.
Direction pursuant to N.J.S.A. 40:55D-34 for issuance of a permit
for a building or structure in the bed of a mapped street or public
drainageway, flood control basin or public area reserved pursuant
to N.J.S.A. 40:55D-32, provided same shall not conflict with the provisions
this Ordinance relating to flood damage prevention.
3.
Direction pursuant to N.J.S.A. 40:55D-36 for issuance of a permit
for a building or structure not related to a street.
|
Whenever relief is requested pursuant to this subsection, notice
of a hearing on the application for development shall include reference
to the request for a variance or direction for issuance of a permit,
as the case may be.
|
h.
To perform such other advisory duties as are assigned to it by ordinance
or resolution of the Township Committee or other agencies or offices.
i.
At the request of the applicant, the Planning Board shall grant a
concept review of a sketch plan for a development for which the applicant
intends to prepare and submit an application for development. Said
concept review shall be made pursuant to the requirements of Subsection
162.4 of this Ordinance.
The Mayor may appoint one or more persons as a Citizens Advisory
Committee to assist or collaborate with the Planning Board in its
duties, but such person or persons shall serve at the pleasure of
the Mayor.
[Ord. No. 424-2018]
Purpose. A Pre-Application Review Committee (PARC) is established
as an advisory service provided by the Planning Board to provide a
non-binding review of all proposals submitted to it.
a.
The PARC shall consist of four members of the Planning Board. All
terms shall be for one year and any vacancies and absences shall be
filled by other Planning Board members. The Planning Board Chair shall
appoint the Chair and members of the PARC.
b.
Any potential applicant may meet with the PARC to discuss a development
proposal with respect to: the Land Use Ordinance; the Design Standards
Manual; the Master Plan; any other regulations which may be relevant,
and any other topics which may arise. A potential applicant shall
obtain from the Planning Board Secretary the necessary instructions,
forms and a suggested list of supporting documents.
c.
The advice of the PARC shall not be construed to relieve the potential
applicant of the responsibility for complying with all zoning requirements,
development regulations, and development design standards of this
Ordinance, and such advice shall not be binding on the approving authority
or the potential applicant.
d.
Meetings of the PARC shall be scheduled by the PARC Chair and Board
Secretary as demand requires. Meetings may be scheduled prior to any
regularly scheduled Planning Board meetings or at other times. All
meetings of the PARC may be attended by the Board Planner and Board
Engineer at the request of the PARC Chair.
The Board shall adopt such rules and regulations as may be necessary
to carry into effect the provisions and purposes of this Ordinance.
In the issuance of subpoenas, administration of oaths and taking of
testimony, the provision of the County and Municipal Investigations
Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
A Board of Adjustment is hereby established in the Township
pursuant to the Municipal Land Use Law N.J.S.A. 40:55D-1 et seq.,
consisting of seven citizens of the Township appointed by the Township
Committee as regular members and two citizens of the Township appointed
by the Township Committee as alternate members.
a.
The terms of the regular members shall be four years from January
1 of the year of their appointment. Nothing in this subsection shall,
however, be construed to affect the term of any present member of
the Board of Adjustment, all of whom shall continue in office until
the completion of the term for which they were appointed.
b.
The terms of the alternate members shall be two years from January
1 of the year of their appointment.
c.
Alternate members shall be designated at the time of appointment
as "Alternate No. 1" and "Alternate No. 2."
d.
Alternate members may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member. A vote shall not be delayed in order that a regular member
may vote instead of an alternate member. In the event that a choice
must be made as to which alternate member is to vote, Alternate No.
1 shall vote.
e.
No regular or alternate member of the Board of Adjustment may hold
any elective office or position under the municipality, except that
one such regular member may be a member of the Planning Board.
If a vacancy in any class shall occur otherwise than by expiration
of term, it shall be filled by appointment as above provided for the
unexpired term.
If the Board of Adjustment lacks a quorum because any of its
regular or alternate members is prohibited by N.J.S.A. 40:55D-69 from
acting on a matter due to the member's personal or financial interest
therein, Class IV members of the Planning Board shall be called upon
to serve, for that matter only, as temporary members of the Board
of Adjustment. The Class IV members of the Planning Board shall be
called upon to serve in order of seniority of continuous service to
the Planning Board until there are the minimum number of members necessary
to constitute a quorum to act upon the matter without any personal
or financial interest therein, whether direct or indirect. If a choice
has to be made between Class IV members of equal seniority, the Chairman
of the Planning Board shall make the choice.
[Ord. No. 218-07 § 2]
The Board of Adjustment shall elect a Chairman and Vice Chairman
from its members.
There is hereby created the office of Attorney to the Board
of Adjustment. The Board of Adjustment may annually appoint, fix the
compensation of or agree upon the rate of compensation of the Board
of Adjustment Attorney, who shall be an attorney other than the Municipal
Attorney.
The Board of Adjustment may also employ or contract for and
fix the compensation of such experts and other staff and services
as it may deem necessary. The Board shall not authorize expenditures
which exceed, exclusive of gifts or grants, the amount appropriated
by the Township Committee for its use.
a.
The powers of the Board of Adjustment shall be in accordance with
Article 9 of the Municipal Land Use Law and amendments and supplements
thereto and with the provisions of this Ordinance.
b.
It is further the intent of this Ordinance to confer upon the Board
of Adjustment as full and complete powers as may lawfully be conferred
upon such Board, including, but not by way of limitation, the authority
in connection with any case, action or proceeding before the Board,
to interpret and construe the provisions of this Ordinance, or any
term, clause, sentence or word hereof, and the Zoning Map, in accordance
with the general rules of construction applicable to legislative enactments.
c.
The Board may, in appropriate cases and subject to appropriate conditions
and safeguards, grant variances from the terms of this Ordinance in
accordance with the general or specific rules contained herein and
with those specified in the Municipal Land Use Law. The powers and
duties of the Board having been delegated to and imposed upon it by
statute, the Board shall in all cases follow the provisions applicable
to it in N.J.S.A. 40:55D-1 et seq., or subsequent statutes in such
case made and provided, and it shall furnish to any person requesting
the same a copy of its rules and information as to how appeals or
applications may properly be filed with the Board for its decision
thereon.
a.
The Board of Adjustment shall have the power to:
1.
Hear and decide appeals where it is alleged by the appellant that
there is error in any order, requirement, decision or refusal made
by an Administrative Officer based on or made in the enforcement of
this Ordinance;
2.
Hear and decide requests for interpretation of the Zoning Map or
Ordinance or for decisions upon other special questions upon which
such Board is authorized to pass by any zoning or official map ordinance,
in accordance with the Municipal Land Use Law;
3.
(1) Where: (a) by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or (b) by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or (c) by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation in this Ordinance would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the developer of such property, grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship; (2) where in an application or appeal relating to a specific piece of property the purposes of the Municipal Land Use Law would be advanced by a deviation from the Ordinance requirements herein provided and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from the regulations of this Ordinance; provided, however, that no variance from those departures enumerated in Subsection a4 of this subsection shall be granted under this subsection; and provided further that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use, in conjunction with which the Planning Board has power to review a request for a variance.
4.
In particular cases and for special reasons, grant a variance to
allow departure from the regulations of this Ordinance to permit:
(1) a use or principal structure in a district restricted against
such use or principal structure, (2) an expansion of a nonconforming
use, (3) deviation from a specification or standard pursuant to N.J.S.A.
40:55D-67 pertaining solely to a conditional use, (4) an increase
in the permitted floor area ratio as defined in N.J.S.A. 40:55D-4,
(5) an increase in the permitted density as defined in N.J.S.A. 40:55D-4,
except as applied to the required lot area for a lot or lots for detached
one or two dwelling unit buildings, which lot or lots are either an
isolated undersized lot or lots resulting from a minor subdivision,
or six a height of a principal structure which exceeds by 10 feet
or 10% the maximum height permitted in the zone district for a principal
structure. A variance under this subsection shall be granted only
by affirmative vote of at least five members of the Board of Adjustment.
5.
No variance or other relief may be granted under the terms of this
subsection unless such variance or other relief can be granted without
substantial detriment to the public good and will not substantially
impair the intent and the purpose of the zone plan and zoning ordinance.
b.
The Board of Adjustment shall have the following additional powers:
1.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a
building or structure in the bed of a mapped street or public drainageway,
flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.
2.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a
building or structure not related to a street.
3.
The Board of Adjustment shall have the power to grant, to the same
extent and subject to the same restrictions as the Planning Board,
subdivision or site plan approval or conditional use approval whenever
the proposed development requires approval by the Board of Adjustment
of a variance pursuant to Subsection 172.9a4. The applicant may elect
to submit a separate application requesting approval of the variance
and a subsequent application for any required approval of a subdivision,
site plan or conditional use. The separate approval of the variance
shall be conditioned upon grant of all required subsequent approvals
by the Board of Adjustment. No such subsequent approval shall be granted
unless such approval can be granted without substantial detriment
to the public good and without substantial impairment of the intent
and purpose of the zone plan and Zoning Ordinance. The number of votes
of Board members required to grant any such subsequent approval shall
be as otherwise provided for the approval in question, and the special
vote pursuant to the aforesaid Subsection 172.9a4 shall not be required.
Appeals to the Board of Adjustment may be taken by any interested
party affected by any decision of an Administrative Officer of the
Township based on or made in the enforcement of this Ordinance. Such
appeal shall be taken within 20 days by filing a notice of appeal
with the Officer from whom the appeal is taken specifying the grounds
of such appeal. The Officer from whom the appeal is taken shall immediately
transmit to the Board all the papers constituting the record upon
which the action appealed from was taken.
In exercising the appeal power of Subsection 172.10, the Board
of Adjustment may, in conformity with the provisions of N.J.S.A. 40:55D-1
et seq., or amendments thereto or subsequent statutes applying, reverse
or affirm wholly or partly, or may modify the order, requirements,
decision or determination appealed from and make such other requirements,
decision or determination as ought to be made and to that end have
all the powers of the Administrative Officer from whom the appeal
was taken.
Any variance from the terms of this Ordinance hereafter granted
by the Board of Adjustment permitting the erection or alteration of
any structure or structures or permitting a specified use of any premises
shall expire by limitation unless such construction or alteration
shall have been actually commenced on each and every structure permitted
by said variance, or unless such permitted use has actually been commenced,
within 12 months from the date of entry of the judgment or determination
of the Board of Adjustment, except, however, that the running of the
period of limitation herein provided shall be tolled from the date
of filing an appeal from the decision of the Board of Adjustment to
the Township Committee or to a court of competent jurisdiction until
the termination in any manner of such appeal or proceeding.
The Board of Adjustment shall adopt such rules and regulations
as may be necessary to carry into effect the provisions and purposes
of this section. In the issuance of subpoenas, administration of oaths
and taking of testimony, the provisions of the County and Municipal
Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
No member of the Board shall act on any matter in which the
member has, either directly or indirectly, any personal or financial
interest. Whenever any such member shall disqualify him- or herself
from acting on a particular matter, he or she shall not continue to
sit with the Board on the hearing of such matter nor participate in
any discussion or decision relating thereto.
a.
Meetings of the Board shall be scheduled no less often than once
a month and any meeting so scheduled shall be held as scheduled unless
canceled for lack of applications.
b.
Special meetings may be provided for at the call of the Chairman
or on the request of any two Board members, which meetings shall be
held on notice to its members and the public in accordance with all
applicable legal requirements.
c.
No action shall be taken at any meeting without a quorum being present.
d.
All actions shall be taken by majority vote of a quorum except as
otherwise required by any provision of N.J.S.A. 40:55 D-1 et seq.
e.
All regular meetings and all special meetings shall be open to the
public. Notice of all such meetings shall be given in accordance with
the requirements of the Open Public Meetings Act, N.J.S.A. 10:4-6
et seq.
[Ord. No. 394-2017 § 5]
Minutes of every regular or special meeting shall be kept and
shall include the names of the persons appearing and addressing the
Board and of the persons appearing by attorney, the action taken by
the Board, the findings, if any, made by it and reasons therefor.
The minutes shall thereafter be made available for public inspection
during normal business hours at the office of the Township Clerk.
Any interested party shall have the right to compel production of
the minutes for use as evidence in any legal proceedings concerning
the subject matter of such minutes. Such interested party may be charged
a fee for reproduction of the minutes.
[Ord. No. 330-2014]
a.
Application fees and escrow deposits in connection with applications
to the Planning Board and Board of Adjustment are set forth in Section
180 of this Ordinance.
b.
Annual Review of the Fee and Escrow Schedule.
1.
Each September the appropriate Township official shall prepare a
report that reviews fee and escrow amounts in Section 182. The report
shall include recommended changes, if any, and shall be submitted
to the Planning Board for consideration.
2.
The Planning Board shall notify the Township Committee no later than
December 15 annually that fee and escrows have been reviewed. If changes
to the amounts of fees or escrows are necessary, the Planning Board
shall make such recommendation.
a.
The Planning Board and Board of Adjustment may make rules governing
the conduct of hearings before such bodies which rules shall not be
inconsistent with the provisions of N.J.S.A. 40:55 D-1 et seq. or
of this section.
b.
The Officer or Secretary presiding at the hearing or such person
as may be designated shall have power to administer oaths and issue
subpoenas to compel the attendance of witnesses and the production
of relevant evidence, including witnesses and documents presented
by the parties, and the provisions of the County and Municipal Investigations
Law, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.), shall apply.
c.
Any maps and documents for which approval is sought at a hearing
shall be on file and available for public inspection at least 10 days
before the date of the hearing, during normal business hours, in the
office of the Secretary of the appropriate Board. The applicant may
produce other documents, records or testimony at the hearing to substantiate,
clarify or supplement the previously filed maps and documents.
d.
The testimony of all witnesses relating to an application for development
shall be taken under oath or affirmation by the presiding officer
and the right of cross-examination shall be permitted to all interested
parties through their attorneys, if represented, or directly, if not
represented, subject to the discretion of the presiding officer and
to reasonable limitations as to time and number of witnesses.
e.
Technical rules of evidence shall not be applicable to the hearing
but the Board may exclude irrelevant, immaterial or unduly repetitious
evidence.
f.
Each Board shall provide for the verbatim recording of the proceedings
by either stenographic, mechanical or electronic means. The Board
shall furnish a transcript or duplicate recording in lieu thereof
on request to any interested party at its expense.
Whenever a hearing is required on an application for development
pursuant to the Municipal Land Use Law and such hearing requires notice
pursuant to said law, the applicant shall give notice thereof as follows:
a.
Public notice shall be given by publication in the official newspaper
of the Township at least 10 days prior to the date of the hearing.
Such publication shall be arranged by the Secretary of the approving
authority, as the case may be, upon payment of the fees set forth
in Section 180 of this Ordinance.
b.
Notice shall be given to the owners of all real property as shown
on the current tax duplicate or duplicates located within 200 feet
in all directions of the property which is the subject of such hearing
and whether located within or without the municipality in which the
applicant's land is located. Notice shall also be given to all public
utility companies which require notice of applications within the
Township. Such notice shall be given by serving a copy thereof on
the owner as shown on the current tax duplicate or the owner's agent
in charge of the property or by mailing a copy thereof by certified
mail to the property owner at the address as shown on the current
tax duplicate. A return receipt is not required. Notice to a partnership
owner may be made by service upon any partner. Notice to a corporate
owner may be made by service upon its president, a vice president,
secretary or other person authorized by appointment or by law to accept
service on behalf of the corporation.
c.
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Subsection b above.
d.
Notice shall be given by personal service or certified mail to the
County Planning Board of a hearing on an application for development
of property adjacent to an existing County road or proposed road shown
on the Official County Map or on the County Master Plan, adjoining
other County land or situate within 200 feet of a municipal boundary.
e.
Notice shall be given by personal service or certified mail to the
Commissioner of Transportation of a hearing on an application for
development of property adjacent to a State highway.
f.
Notice shall be given by personal service or certified mail to the
State Planning Commission of a hearing on an application for development
of property which exceeds 150 acres or 500 dwelling units. Such notice
shall include a copy of any maps or documents required to be on file
with the Municipal Clerk pursuant to N.J.S.A. 40:55D-1 et seq.
g.
All notices hereinabove specified in this subsection shall be given
at least 10 days prior to the date fixed for hearing, and the applicant
shall file an affidavit of proof of such service with the Board holding
the hearing on the application for development.
h.
Any notice made by certified mail as hereinabove required shall be
deemed complete upon mailing in accordance with the provisions of
N.J.S.A. 40:55D14.
i.
All notices required to be given pursuant to the terms of this section
shall state the date, time and place of the hearing, the nature of
the matters to be considered and identification of the property proposed
for development by street address, if any, or by reference to lot
and block numbers as shown on the current tax duplicate in the Township
Tax Assessor's office and the location and times at which any maps
and documents for which approval is sought are available as required
by law.
Pursuant to the provisions of N.J.S.A. 40:55D-12c the Tax Collector
shall, within seven days after receipt of a request therefor and upon
receipt of payment of a fee of $10, make and certify a list from the
current tax duplicate of names and addresses of owners to whom the
applicant is required to give notice pursuant to Subsection 173.6b
of this section.
a.
Each decision on any application or development shall be set forth
in writing as a resolution of the Board, which resolution shall include
findings of fact and legal conclusions based thereon.
b.
A copy of the decision shall be mailed by the Board within 10 days
of the date of decision to the applicant or, if represented, then
to the applicant's attorney, without separate charge. A copy of the
decision shall also be mailed to all persons who have requested it
and who have paid the fee prescribed by the Board for such service.
A copy of the decision shall also be filed in the office of the Township
Clerk, who shall make a copy of such filed decision available to any
interested party upon payment of a fee calculated in the same manner
as those established for copies of other public documents in the municipality.
A brief notice of every final decision shall be published in
the official newspaper of the Township within 10 days of the date
of any decision by the Board. Such publication shall be arranged by
the Secretary of the Planning Board or Board of Adjustment, as the
case may be, upon payment of the fee set forth in Section 180 of this
Ordinance.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65,
every application for development submitted to the Planning Board
or Board of Adjustment shall be accompanied by proof that no taxes
or assessments for local improvements are due or delinquent on the
property which is the subject of such application; or if it is shown
that taxes or assessments are delinquent on the property, any approvals
or other relief granted by either Board shall be conditioned upon
either the prompt payment of such taxes or assessment or the making
of adequate provision for the payment thereof in such manner that
the Township will be adequately protected.
[Ord. No. 424-2018]
[Ord. No. 300-12 § 8]
All applicants must comply with the submission requirements
set forth elsewhere in this Code and in the Land Use Application Checklist,
as stated in Section 167, Exhibit A.
An appeal from any final decision of the Planning Board may
be taken only to the Superior Court pursuant to law.
a.
An appeal to the Township Committee from any final decision of the
Board of Adjustment approving an application for a development pursuant
to N.J.S.A. 40:55D-70d, shall be taken within 10 days of the date
of publication of such final decision of the Board of Adjustment.
Such appeal shall be made in accordance with the provisions of N.J.S.A.
40:55D-17.
b.
An appeal from any other final decision of the Board of Adjustment
may be taken only to the Superior Court pursuant to law.
[Ord. No. 330-2014 § 4; Ord. No. 424-2018]
a.
Every applicant before the approving authority shall pay the fees
and escrow deposits set forth in Section 182, "Schedule of Fee and
Escrow Deposits".
b.
Unless otherwise stated, all fees are nonrefundable.
c.
There shall be a fee for each type of relief requested.
d.
Fees for Permits and Certificates are due at the time such document
is issued.
e.
Fees and escrow deposits for development applications are due as
a condition of the application(s) being deemed complete.
f.
Where separate escrow deposits are listed for multiple forms of relief
within the same application for development, the initial deposit shall
not exceed $10,000 subject also to Subsection 181.5.
g.
The Board of Education and any public service, charitable, religious,
or fraternal organization shall not be charged the Application Fees
in Section 182.
[Ord. No. 330-2014 § 4]
a.
Special Hearing. For each hearing scheduled outside of a board's
regular meeting dates and/or times, the applicant shall pay a fee
specified in Section 182.
b.
Additional Hearing.
1.
For each additional hearing, including a special hearing, the applicant
shall pay the fee specified in Section 182.
2.
A good faith escrow estimate shall be provided to the applicant in
advance of the additional hearing and the applicant shall deposit
the required amount into escrow at least 48 hours prior to the hearing
date. The minimum estimate shall never be less than the escrow amount
specified in Section 182.
c.
Court Reporter. Prior to the hearing, the applicant shall deposit
into escrow the amount specified in Section 182. The applicant shall
pay the actual cost incurred for a court reporter prorated by the
amount of time each applicant is heard at the hearing. This fee is
in addition to the cost of obtaining a transcript of any hearing,
which cost is to be borne by the person obtaining the transcript.
d.
Publication Escrow. Every applicant shall pay an additional escrow
deposit to cover the cost of the publication of any public notices
specified in Section 182.
e.
Canceled Meeting Fee. If any application is withdrawn or if any hearing
is canceled at the applicant's request after noon on the Friday preceding
the scheduled meeting date, the applicant shall be charged the fee
specified in Section 182.
[Ord. No. 330-2014 § 4]
The applicant shall pay the fee and escrow specified in Section
182. In addition, the applicant shall pay all appropriate application
fees and professional review escrows including but not limited to
those for any concept reviews, site inspections, map updates and/or
additional hearings.
[Ord. No. 330-2014 § 4]
If map revisions are necessary, each lot in the final configuration
shall require a fee specified in Section 182. This fee shall be paid
prior to the signing of the Final Plat or to the filing of deeds.
[Ord. No. 330-2014 § 4]
a.
Professional services will not be undertaken until an application
escrow account has been established and is appropriately funded in
accordance with this section.
b.
The appropriate Township official shall regularly verify that the
escrow account balances are sufficient to cover anticipated future
professional services.
c.
The appropriate Township official shall provide the applicant with
regular notices itemizing future anticipated costs. The official shall
include the current fund balance and additional amounts required,
if any.
d.
The applicant shall be responsible for ensuring that sufficient funds
remain in the escrow account in order to avoid any interruption of
services.
e.
In the event funds are deemed insufficient to cover present and anticipated
future costs, the appropriate Township official shall cause all work
to immediately stop and shall direct an accounting of the escrow funds
including any outstanding bills.
[Ord. No. 330-2014 § 4]
a.
All bills and vouchers submitted by Township-retained professionals
shall itemize the services performed and include the ordinance item
number, category and application type as found in Section 182, Schedule
of Fee and Escrow Deposits.
b.
All bills and vouchers submitted by Township-retained professionals
shall specify the time expended and the date the work was performed.
The bill shall also set forth the hourly billing amount. The hourly
billing amount shall be in accordance with the amount set forth in
the contract between the professional and the Township or appropriate
Board.
c.
All escrow funds not expended shall be refunded to the applicant
within 30 days after satisfaction of conditions of approval. The Township
shall also provide the applicant with an accounting of the escrow
funds.
[Ord. No. 330-2014; Ord. No. 357-2015; Ord.
No. 378-2016; Ord. No. 394-2017; Ord. No. 397-2017; Ord. No. 424-2018]
|
Section
|
Category
|
Application Type
|
Application Fee § 181.1
|
Escrow Deposit § 181.5
| |
|---|---|---|---|---|---|
|
1
|
§ 106.1
§ 106.2
|
Zoning Permit and Certificate of Zoning Compliance (one fee
for both)
|
$100
|
$0
| |
|
2
|
§ 106.3
|
Certificate of Continued Zoning Compliance
|
$75
|
$0
| |
|
3
|
§ 143.9
|
Permit
|
Development Permit Fee
|
$200
|
$500
|
|
4
|
§ 164
|
Site Plan
|
Minor Site Plan
|
$650
|
$2,500
|
|
5
|
§ 165
|
Site Plan
|
Major, Preliminary Approval
|
$650 + $0.20 per SF
|
$4,000
|
|
6
|
§ 166
|
Site Plan
|
Major, Final Approval
|
25% of the Preliminary Site Plan Fee
|
25% of the Preliminary Site Plan Escrow
|
|
7
|
166.3
|
Site Plan
|
Amendment
|
50% of the Preliminary Site Plan Fee
|
25% of the Preliminary Site Plan Escrow
|
|
8
|
§ 164
|
Subdivision
|
Minor Subdivision
|
$650
|
$2,500
|
|
9
|
§ 165
|
Subdivision
|
Major, Preliminary Approval
|
$650 + $200 per lot
|
$500 per lot $4000 minimum
|
|
10
|
§ 166
|
Subdivision
|
Major, Final Approval
|
25% of the Preliminary Subdivision Fee
|
25% of the Preliminary Subdivision Escrow
|
|
11
|
§ 181.4
|
Subdivision
|
Tax Map Revision Fee
|
$100 Per Lot
|
$0
|
|
12
|
§ 162.4
|
Subdivision or Site Plan
|
Concept Review
|
$325
|
$2,000
|
|
13
|
§ 163.3
|
Bulk Variance
|
Bulk Variances (Single fee for all variances)
|
$650
|
$2,500
|
|
14
|
§ 122-124
|
Use Variance
|
One & Two Family Residential (Single fee for all variances)
|
$650
|
$3,000
|
|
15
|
§ 122-124
|
Use Variance
|
3 + Residential (Single fee for all variances)
|
$650
|
$4,000
|
|
16
|
§ 122-124
|
Use Variance
|
Non-Residential (Single fee for all variances)
|
$650
|
$4,000
|
|
17
|
Hearing
|
Request for Extension of Approval
|
$200
|
$0
| |
|
18
|
§ 172.10
|
Hearing
|
Appeals or Interpretations
|
$200
|
$2,000
|
|
19
|
§ 181.2(a)
|
Hearing
|
Special Hearing
|
$325
|
$0
|
|
20
|
§ 171.8
|
Other App
|
All other Applications
|
$325
|
$1,000
|
|
21
|
§ 126
|
Other App
|
Certification of Nonconforming Use
|
$650
|
$2,000
|
|
22
|
§ 181.3
|
Rezoning
|
Rezoning Application
|
$650
|
$3,000
|
|
23
|
§ 110
|
Unimproved Road
|
Unimproved Road Application
|
$650
|
$2,000
|
[Ord. No. 410-2018]
a.
Before filing a final subdivision plat or recording a minor subdivision deed or as a condition of final site plan approval or as a condition to the issuance of a zoning permit pursuant to Subsection d of N.J.S.A. 40:55D-65, a developer shall furnish a performance guarantee, and provide for a maintenance guarantee in accordance with Subsections (1) and (2) of this Subsection a1.
1.
(a)
The developer shall furnish a performance guarantee in favor
of the Township in an amount not to exceed 120% of the cost of installation
of only those improvements required by an approval or developer's
agreement, ordinance, or regulation to be dedicated to a public entity,
and that have not yet been installed, which cost shall be determined
by the Township Engineer, according to the method of calculation set
forth in Section 15 of P.L. 1991, c.256 (C.40:55D-53.4), for the following
improvements as shown on the approved plans or plat: streets, pavement,
gutters, curbs, sidewalks, street lighting, street trees, surveyor's
monuments, as shown on the final map and required by "the map filing
law," P.L.1960, c.141 (C.46:23-9.9 et seq.; repealed by Section 2
of P.L.2011, c.217) or N.J.S.46:26B-1 through N.J.S.46:26B-8, water
mains, sanitary sewers, community septic systems, drainage structures,
public improvements of open space, and any grading necessitated by
the preceding improvements.
A successor developer must furnish a replacement performance
guarantee, as a condition to the approval of a permit update under
the State Uniform Construction Code, for the purpose of updating the
name and address of the owner of property on a construction permit.
The Township Engineer shall prepare an itemized cost estimate
of the improvements covered by the performance guarantee, which itemized
cost estimate shall be appended to each performance guarantee posted
by the obligor.
(b)
A performance guarantee shall include, within an approved phase
or section of a development privately-owned perimeter buffer landscaping,
as required by Township ordinance or imposed as a condition of approval.
At the developer's option, a separate performance guarantee
may be posted for the privately-owned perimeter buffer landscaping.
(c)
In the event that the developer shall seek a temporary certificate of occupancy for a development, unit, lot, building, or phase of development, as a condition of the issuance thereof, the developer shall furnish a separate guarantee, referred to herein as a "temporary certificate of occupancy guarantee," in favor of the Township in an amount equal to 120% of the cost of installation of only those improvements or items which remain to be completed or installed under the terms of the temporary certificate of occupancy and which are required to be installed or completed as a condition precedent to the issuance of the permanent certificate of occupancy for the development, unit, lot, building or phase of development and which are not covered by an existing performance guarantee. Upon posting of a "temporary certificate of occupancy guarantee," all sums remaining under a performance guarantee, required pursuant to Subsection (a) above, which relate to the development, unit, lot, building, or phase of development for which the temporary certificate of occupancy is sought, shall be released. The scope and amount of the "temporary certificate of occupancy guarantee" shall be determined by the zoning officer, Township Engineer, or other municipal official designated by ordinance. At no time may the Township hold more than one guarantee or bond of any type with respect to the same line item. The "temporary certificate of occupancy guarantee" shall be released by the zoning officer, Township Engineer, or other municipal official designated by ordinance upon the issuance of a permanent certificate of occupancy with regard to the development, unit, lot, building, or phase as to which the temporary certificate of occupancy relates.
(d)
A developer shall furnish to the Township a "safety and stabilization
guarantee," in favor of the Township. At the developer's option, a
"safety and stabilization guarantee" may be furnished either as a
separate guarantee or as a line item of the performance guarantee.
A "safety and stabilization guarantee" shall be available to the Township
solely for the purpose of returning property that has been disturbed
to a safe and stable condition or otherwise implementing measures
to protect the public from access to an unsafe or unstable condition,
only in the circumstance that:
(1)
Site disturbance has commenced and, thereafter, all work on
the development has ceased for a period of at least 60 consecutive
days following such commencement for reasons other than force majeure,
and
(2)
Work has not recommenced within 30 days following the provision
of written notice by the Township to the developer of the Township's
intent to claim payment under the guarantee. The Township shall not
provide notice of its intent to claim payment under a "safety and
stabilization guarantee" until a period of at least 60 days has elapsed
during which all work on the development has ceased for reasons other
than force majeure. The Township shall provide written notice to a
developer by certified mail or other form of delivery providing evidence
of receipt.
The amount of a "safety and stabilization guarantee" for a development
with bonded improvements in an amount not exceeding $100,000 shall
be $5,000.
The amount of a "safety and stabilization guarantee" for a development
with bonded improvements exceeding $100,000 shall be calculated as
a percentage of the bonded improvement costs of the development or
phase of development as follows:
$5,000 for the first $100,000 of bonded improvement costs, plus
2.5% of bonded improvement costs in excess of $100,000 up to $1,000,000,
plus 1% of bonded improvement costs in excess of $1,000,000.
The Township shall release a separate "safety and stabilization
guarantee" to a developer upon the developer's furnishing of a performance
guarantee which includes a line item for safety and stabilization
in the amount required under this subsection.
The Township shall release a "safety and stabilization guarantee"
upon the Township Engineer's determination that the development of
the project site has reached a point that the improvements installed
are adequate to avoid any potential threat to public safety.
2.
(a)
The developer shall post with the Township, prior to the release of a performance guarantee required pursuant to Subsection (a), Subsection (b), or both Subsection (a) and Subsection (b) of Subsection 1 of this subsection, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the improvements which are being released.
(b)
If required, the developer shall post with the Township, upon
the inspection and issuance of final approval of the following private
site improvements by the Township Engineer, a maintenance guarantee
in an amount not to exceed 15% of the cost of the installation of
the following private site improvements: stormwater management basins,
in-flow and water quality structures within the basins, and the out-flow
pipes and structures of the stormwater management system, if any,
which cost shall be determined according to the method of calculation
set forth in Section 15 of P.L.1991, c.256 (C.40:55D-53.4).
(c)
The term of the maintenance guarantee shall be for a period
not to exceed two years and shall automatically expire at the end
of the established term.
3.
In the event that other governmental agencies or public utilities
automatically will own the utilities to be installed or the improvements
are covered by a performance or maintenance guarantee to another governmental
agency, no performance or maintenance guarantee, as the case may be,
shall be required by the Township for such utilities or improvements.
b.
The time allowed for installation of the bonded improvements for
which the performance guarantee has been provided may be extended
by the Governing Body by resolution. As a condition or as part of
any such extension, the amount of any performance guarantee shall
be increased or reduced, as the case may be, to an amount not to exceed
120% of the cost of the installation, which cost shall be determined
by the Township Engineer according to the method of calculation set
forth in Section 15 of P.L. 1991, c.256 (C.40:55D-53.4) as of the
time of the passage of the resolution.
c.
If the required bonded improvements are not completed or corrected
in accordance with the performance guarantee, the obligor and surety,
if any, shall be liable thereon to the Township for the reasonable
cost of the improvements not completed or corrected and the Township
may either prior to or after the receipt of the proceeds thereof complete
such improvements. Such completion or correction of improvements shall
be subject to the public bidding requirements of the "Local Public
Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.).
d.
1.
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the Governing Body in writing, by certified mail addressed in care of the Municipal Clerk, that the Township Engineer prepare, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection a of this section, a list of all uncompleted or unsatisfactory completed bonded improvements. If such a request is made, the obligor shall send a copy of the request to the Township Engineer. The request shall indicate which bonded improvements have been completed and which bonded improvements remain uncompleted in the judgment of the obligor. Thereupon the Township Engineer shall inspect all bonded improvements covered by obligor's request and shall file a detailed list and report, in writing, with the Governing Body, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.
2.
The list prepared by the Township Engineer shall state, in detail, with respect to each bonded improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed bonded improvement determined to be unsatisfactory. The report prepared by the Township Engineer shall identify each bonded improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory bonded improvement, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection a of this section.
e.
1.
The Governing Body, by resolution, shall either approve the bonded improvements determined to be complete and satisfactory by the Township Engineer, or reject any or all of these bonded improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection a of this section. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Township Engineer. Upon adoption of the resolution by the Governing Body, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those approved bonded improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that 30% of the amount of the total performance guarantee and "safety and stabilization guarantee" posted may be retained to ensure completion and acceptability of all improvements. The "safety and stabilization guarantee" shall be reduced by the same percentage as the performance guarantee is being reduced at the time of each performance guarantee reduction.
For the purpose of releasing the obligor from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved bonded improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection a of this section, including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70% of the total amount of the performance guarantee, then the Township may retain 30% of the amount of the total performance guarantee and "safety and stabilization guarantee" to ensure completion and acceptability of bonded improvements, as provided above, except that any amount of the performance guarantee attributable to bonded improvements for which a "temporary certificate of occupancy guarantee" has been posted shall be released from the performance guarantee even if such release would reduce the amount held by the Township below 30%.
2.
If the Township Engineer fails to send or provide the list and report as requested by the obligor pursuant to Subsection d of this section within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the Township Engineer to provide the list and report within a stated time and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party. If the Governing Body fails to approve or reject the bonded improvements determined by the Township Engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the Township Engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection a of this section; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
3.
In the event that the obligor has made a cash deposit with the Township
or approving authority as part of the performance guarantee, then
any partial reduction granted in the performance guarantee pursuant
to this subsection shall be applied to the cash deposit in the same
proportion as the original cash deposit bears to the full amount of
the performance guarantee, provided that if the developer has furnished
a "safety and stabilization guarantee," the Township may retain cash
equal to the amount of the remaining "safety and stabilization guarantee".
f.
If any portion of the required bonded improvements is rejected, the
approving authority may require the obligor to complete or correct
such improvements and, upon completion or correction, the same procedure
of notification, as set forth in this section shall be followed.
g.
Nothing herein, however, shall be construed to limit the right of
the obligor to contest by legal proceedings any determination of the
Governing Body or the Township Engineer.
h.
1.
The obligor shall reimburse the Township for reasonable inspection
fees paid to the Township Engineer for the foregoing inspection of
improvements; which fees shall not exceed the sum of the amounts set
forth in Subsections (a) and (b) of this Subsection. The Township
may require the developer to post the inspection fees in escrow in
an amount:
2.
For those developments for which the inspection fees total less than
$10,000, fees may, at the option of the developer, be paid in two
installments. The initial amount deposited in escrow by a developer
shall be 50% of the inspection fees. When the balance on deposit drops
to 10% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the Township Engineer
for inspections, the developer shall deposit the remaining 50% of
the inspection fees.
3.
For those developments for which the inspection fees total $10,000
or greater, fees may, at the option of the developer, be paid in four
installments. The initial amount deposited in escrow by a developer
shall be 25% of the inspection fees. When the balance on deposit drops
to 10% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the Township Engineer
for inspection, the developer shall make additional deposits of 25%
of the inspection fees.
4.
If the Township determines that the amount in escrow for the payment of inspection fees, as calculated pursuant to Subsections (a) and (b) of Subsection 1 of this subsection, is insufficient to cover the cost of additional required inspections, the Township may require the developer to deposit additional funds in escrow provided that the Township delivers to the developer a written inspection escrow deposit request, signed by the Township Engineer, which: informs the developer of the need for additional inspections, details the items or undertakings that require inspection, estimates the time required for those inspections, and estimates the cost of performing those inspections.
i.
In the event that final approval is by stages or sections of development pursuant to Subsection a of Section 29 of P.L.1975, c.291 (C.40:55D-38), the provisions of this section shall be applied by stage or section.
j.
To the extent that any of the improvements have been dedicated to the Township on the subdivision plat or site plan, the municipal Governing Body shall be deemed, upon the release of any performance guarantee required pursuant to Subsection a of this section, to accept dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the Township Engineer.
Whenever an amount in excess of $5,000 shall be deposited by
an applicant for professional services employed by the Township to
review applications for development, for engineering inspection fees
or to satisfy the guarantee requirements of Subsection 183.1, the
money, until repaid or applied to the purposes for which it is deposited,
including the applicant's portion of the interest earned thereon,
except as otherwise provided in this subsection, shall continue to
be the property of the applicant and shall be held in trust by the
Township. Money deposited shall be held in escrow. The Township shall
deposit it in a banking institution or savings and loan association
in this State insured by an agency of the Federal Government, or in
any other fund or depository approved for such deposits by the State,
in an account bearing interest at the minimum rate currently paid
by the institution or depository on time or savings deposits. The
Township shall notify the applicant in writing of the name and address
of the institution or depository in which the deposit is made and
the amount of the deposit. The Township shall not be required to refund
an amount of interest paid on a deposit which does not exceed $100
for the year. If the amount of interest exceeds $100 that entire amount
shall belong to the applicant and shall be refunded to the applicant
by the Township annually or at the time the deposit is repaid or applied
to the purposes for which it was deposited, as the case may be; except
that the Township shall retain for administrative expenses a sum equivalent
to 33 1/3% of the entire amount, which shall be in lieu of all
other administrative and custodial expenses.
a.
The Chief Financial Officer of the Township shall make all of the payments to professionals for services rendered to the Township or approving authority for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of this Ordinances. Such fees or charges shall be based upon a schedule established by resolution. The application review and inspection charges shall be limited only to professional charges for review of applications, review and preparation of documents and inspections of developments under construction and review by outside consultants when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the Township. The only costs that shall be added to any such charges shall be actual out-of-pocket expenses of any such professionals or consultants including normal and typical expenses incurred in processing applications and inspecting improvements. The Township or approving authority shall not bill the applicant, or charge any escrow account or deposit authorized under Subsection b of this Subsection, for any municipal clerical or administrative functions, overhead expenses, meeting room charges, or any other municipal costs and expenses except as provided for in this section, nor shall a municipal professional add any such charges to any bill. If the salary, staff support and overhead for a municipal professional are provided by the Township, the charge shall not exceed 200% of the sum of the products resulting from multiplying (1) the hourly base salary, which shall be established annually by Ordinance, of each of the professionals by (2) the number of hours spent by the respective professional upon review of the application for development or inspection of the developer's improvements, as the case may be. For other professionals the charge shall be at the same rate as all other work of the same nature by the professional for the Township when fees are not reimbursed or otherwise imposed on applicants or developers.
b.
If the Township requires of the developer a deposit toward anticipated
municipal expenses for these professional services, the deposit shall
be placed in an escrow account pursuant to Subsection 183.2. The amount
of the deposit required shall be reasonable in regard to the scale
and complexity of the development. The amount of the initial deposit
required shall be established by Ordinance. For review of applications
for development proposing a subdivision, the amount of the deposit
shall be calculated based on the number of proposed lots. For review
of applications for development proposing a site plan, the amount
of the deposit shall be based on one or more of the following: the
area of the site to be developed, the square footage of buildings
to be constructed, or an additional factor for circulation-intensive
sites, such as those containing drive-through facilities. Deposits
for inspection fees shall be established in accordance with Subsection
183.1h.
c.
Each payment charged to the deposit for review of applications, review
and preparation of documents and inspection of improvements shall
be pursuant to a voucher from the professional, which voucher shall
identify the personnel performing the service, and for each date the
service is performed, the hours spent to one-quarter (1/4) hour increments,
the hourly rate and the expenses incurred. All professionals shall
submit vouchers to the Chief Financial Officer of the Township on
a monthly basis in accordance with schedules and procedures established
by the Chief Financial Officer. If the services are provided by a
municipal employee, the municipal employee shall prepare and submit
to the Chief Financial Officer a statement containing the same information
as required on a voucher, on a monthly basis. The professional shall
send an informational copy of all vouchers or statements submitted
to the Chief Financial Officer simultaneously to the applicant. The
Chief Financial Officer shall prepare and send to the applicant a
statement which shall include an accounting of funds listing all deposits,
interest earnings, disbursements, and the cumulative balance of the
escrow account. This information shall be provided on a quarterly
basis, if monthly charges are $1,000 or less, or on a monthly basis
if monthly charges exceed $1,000. If an escrow account or deposit
contains insufficient funds to enable the Township or approving authority
to perform required application reviews or improvement inspections,
the Chief Financial Officer shall provide the applicant with a notice
of the insufficient escrow or deposit balance. In order for work to
continue on the development or the application, the applicant shall
within a reasonable time period post a deposit to the account in an
amount to be agreed upon by the Township or approving authority and
the applicant. In the interim, any required health and safety inspections
shall be made and charged back against the replenishment of funds.
d.
The following close-out procedure shall apply to all deposits and
escrow accounts established under the provisions of this Ordinance
and shall commence after the approving authority has granted final
approval and signed the subdivision plat or site plan, in the case
of application review escrows and deposits, or after the improvements
have been approved as provided in Subsection 183.2, in the case of
improvement inspection escrows and deposits. The applicant shall send
written notice by certified mail to the Chief Financial Officer of
the Township and the approving authority, and to the relevant municipal
professional, that the application or the improvements, as the case
may be, are completed. After receipt of such notice, the professional
shall render a final bill to the Chief Financial Officer within 30
days, and shall send a copy simultaneously to the applicant. The Chief
Financial Officer shall render a written final accounting to the applicant
on the uses to which the deposit was put within 45 days of receipt
of the final bill. Any balances remaining in the deposit or escrow
account, including interest in accordance with Subsection 183.2, shall
be refunded to the developer along with the final accounting.
e.
All professional charges for review of an application for development,
review and preparation of documents or inspection of improvements
shall be reasonable and necessary, given the status and progress of
the application or construction. Review fees shall be charged only
in connection with an application for development presently pending
before the approving authority or upon review of compliance with conditions
of approval, or review of requests for modification or amendment made
by the applicant. A professional shall not review items which are
subject to approval by any State governmental agency and not under
municipal jurisdiction except to the extent consultation with a State
agency is necessary due to the effect of State approvals in the subdivision
or site plan. Inspection fees shall be charged only for actual work
shown on a subdivision or site plan or required by an approving resolution.
Professionals inspecting improvements under construction shall charge
only for inspections that are reasonably to check the progress and
quality of the work and such inspections shall be reasonably based
on the approved development plans and documents.
f.
If the Township retains a different professional or consultant in
the place of the professional originally responsible for development,
application review, or inspection of improvements, the Township or
approving authority shall be responsible for all time and expenses
of the new professional to become familiar with the application or
the project, and the Township or approving authority shall not bill
the applicant or charge the deposit or the escrow account for any
such services.
a.
An applicant shall notify in writing the Township Committee with
copies to the Chief Financial Officer, the approving authority and
the professional whenever the applicant disputes the charges made
by a professional for service rendered to the Township in reviewing
applications for development, review and preparation of documents,
inspection of improvements, or other charges made pursuant to the
provisions of the Ordinance. The Township Committee or its designee,
shall within a reasonable time period attempt to remediate any disputed
charges. If the matter is not resolved to the satisfaction of the
applicant, the applicant may appeal to the County Construction Board
of Appeals established under Section 9 of P.L. 1975, c.217(C.52:27D-127)
any charge to an escrow account or a deposit by any municipal professional
or consultant, or the cost of the installation of improvements estimated
by the Municipal Engineer pursuant to Subsection 183.6. An applicant
or authorized agent shall submit the appeal in writing to the County
Construction Board of Appeals. The applicant or the applicant's authorized
agent shall simultaneously send a copy of the appeal to the Township,
approving authority, and any professional whose charge is the subject
of the appeal. An applicant shall file an appeal within 45 days from
receipt of the informational copy of the professional's voucher required
by Subsection 183.3c, except that if the professional has not supplied
the applicant with an informational copy of the voucher, then the
applicant shall file an appeal within 60 days from receipt of the
municipal statement of activity against the deposit or escrow account
required by Subsection 183.3c. An applicant may file an appeal for
an ongoing series of charges by a professional during a period not
exceeding six months to demonstrate that they represent a pattern
of excessive or inaccurate charges. An applicant making use of this
provision need not appeal each charge individually.
b.
The County Construction Board of Appeals shall hear the appeal, render
a decision thereon, and file its decision with a statement of the
reasons therefor with the Township or approving authority not later
than 10 business days following the submission of the appeal, unless
such period of time has been extended with the consent of the applicant.
The decision may approve, disapprove, or modify the professional charges
appealed from. A copy of the decision shall be forwarded by certified
or registered mail to the party making the appeal, the Township, the
approving authority and the professional involved in the appeal. Failure
by the Board to hear an appeal and render and file a decision thereon
within the time limits prescribed in this subsection shall be deemed
a denial of the appeal for purposes of a complaint, application, or
appeal to a court of competent jurisdiction.
c.
The County Construction Board of Appeals shall provide rules for
its procedure in accordance with this subsection. The Board shall
have the power to administer oaths and issue subpoenas to compel the
attendance of witnesses and the production of relevant evidence, and
the provisions of the "County and Municipal Investigations Law," P.L.
1953, c. 38 (C.2A:67A-1 et seq.) shall apply.
d.
During the pendency of any appeal, the Township or approving authority
shall continue to process, hear, and decide the application for development,
and to inspect the development in the normal course, and shall not
withhold, delay, or deny reviews, inspections, signing of subdivision
plats or site plans, the reduction or the release of performance or
maintenance guarantees, the issuance of construction permits or certificates
of occupancy, or any other approval or permit because an appeal has
been filed or is pending under this section. The Chief Financial Officer
may pay charges out of the appropriate escrow account or deposit for
which an appeal has been filed. If a charge is disallowed after payment,
the Chief Financial Officer shall reimburse the deposit or escrow
account in the amount of any such disallowed charge or refund the
amount to the applicant. If a charge is disallowed after payment to
a professional or consultant who is not an employee of the Township,
the professional or consultant shall reimburse the Township in the
amount of any such disallowed charge.
The Township shall not require that a maintenance guarantee
required pursuant to Subsection 183.1 be in cash or that more than
10% of a performance guarantee pursuant to that subsection be in cash.
An applicant may, however, provide at the applicant's option some
or all of a maintenance guarantee in cash, or more than 10% of a performance
guarantee in cash.
The cost of the installation of improvements for the purposes
of Subsection 183.2 shall be estimated by the Township Engineer based
on documented construction costs for public improvements prevailing
in the general area of the Township. The applicant may appeal the
Township Engineer's estimate to the County Construction Board of Appeals
established under Section 9 of P.L. 1975,c.217(C.52:27D-127).
The approving authority shall, for the purposes of Subsection
183.1; accept a performance guarantee or maintenance guarantee which
is an irrevocable letter of credit if it:
a.
Constitutes an unconditional payment obligation of the issuer running
solely to the Township for an express initial period of time in the
amount determined pursuant to Subsection 183.8;
b.
Is issued by a banking or savings institution authorized to do and
doing business in this State;
c.
Is for a period of time of at least one year; and
d.
Permits the Township to draw upon the letter of credit if the obligor
fails to furnish another letter of credit which complies with the
provisions of this subsection 30 days or more in advance of the expiration
date of the letter of credit or such longer period in advance thereof
as is stated in the letter of credit.
If an approving authority includes as a condition of approval
of an application for development pursuant to the Municipal Land Use
Law the installation of street lighting on a dedicated public street
connected to a public utility, then upon notification in writing by
the applicant to the approving authority and Township Committee that
(1) the street lighting on a dedicated public street has been installed
and accepted for service by the public utility and (2) that certificates
of occupancy have been issued for at least 50% of the dwelling units
and 50% of the floor area of the nonresidential uses on the dedicated
public street or portion thereof indicated by section pursuant to
N.J.S.A. 40:55D- 38, the Township shall, within 30 days following
receipt of the notification, make appropriate arrangements with the
public utility for, and assume the payment of, the costs of the street
lighting on the dedicated public street on a continuing basis. Compliance
by the Township with the provisions of this subsection shall not be
deemed to constitute acceptance of the street by the Township.
a.
The fee for the lot grading plan required by this Ordinance shall
be $400. This fee shall cover the cost of a preliminary site visit,
review of initial submission and one revision, two site inspections
and submission of one inspection report to the Construction Official.
If more than two inspections of a property are required for any reason,
the applicant shall pay a fee for each additional inspection, which
fee shall be based on the Township Engineer's regular hourly rate.
All fees for any additional inspections shall be paid prior to the
issuance of a certificate of occupancy.
Approval by the Township Engineer of a lot grading plan shall
also be required prior to the issuance of a building permit for either:
1.
The erection of any new dwelling which is not shown upon an approved
site plan, or
2.
Any other project requiring inspection or review by the Township
Engineer not covered by engineering inspection fees.
|
Three copies of a lot grading plan shall be filed with the Township
Construction Official, together with the fee of $400. In the cases
enumerated above, no building permit shall be issued until the Township
Engineer has approved a lot grading plan.
|
a.
Before granting approval to a final subdivision plat the applicant
shall have met the provisions of Subsection 184.2 relating to improvements,
and shall have executed a developer's agreement as hereinafter specified.
In any event, before final approval of improvement plans in accordance
with the requirements of this Ordinance, the aforementioned developer's
agreement shall be executed. The developer's agreement shall be between
the developer and the Township and shall provide such reasonable conditions
as the Township Committee finds necessary to assure that:
1.
The required improvements shall be properly installed and will function
so as not to create any nuisance or conditions adverse to the public
interest.
2.
Appropriate measures will be taken to limit any inconveniences to
the public that may be caused by construction noise, dust, mud, traffic,
detours, etc.
3.
The timing of building development shall be spaced out over a reasonable
period of time to lessen an undesirable impact on community facilities.
4.
The developer is aware of any existing building construction bans
or limitations, and preliminary plat approval will not void such bans.
b.
The agreement shall also provide for the posting of performance guarantees
and maintenance guarantees in accordance with the provisions of this
section.
[Ord. No. 410-2018]
a.
In all developments where underground installation of utilities is
required, the developer shall arrange with the serving utility for
the underground installation of the utility's local distribution service
lines and service connections in accordance with the provisions of
the applicable standard terms and conditions incorporated as a part
of its tariff as the same are then on file with the State of New Jersey
Board of Regulatory Commissioners and shall submit to the approving
authority prior to the granting of final approval, a written instrument
from each serving utility which shall evidence full compliance with
the provisions of this subsection; provided, however, that lots in
such subdivisions which abut existing streets where overhead electric
or telephone distribution supply lines have therefore been installed
on any portion of the streets involved may be supplied with electric
and telephone service from such overhead lines or extensions thereof,
but the service connections from the utilities overhead lines shall
be installed underground; provided, also, that telephone service pedestals,
distribution transformers; switches and appurtenances may be above
the ground. No underground installation should be covered until inspected
and approved. No topsoil shall be removed from the site nor used as
spoil unless approved by the Township Committee.
[Ord. No. 410-2018]
Notwithstanding any provision of this Ordinance, no building
permit shall be issued to the applicant until the installation of
the following improvements: streets, curbs, storm sewers, sanitary
sewers and other utilities installed by the applicant itself and not
utility companies. Street installations required herein shall include
completion of the sub-base and the stabilized macadam base course.
After preliminary approval has been granted, one building permit may
be issued for a model home provided that all fees have been paid,
all required performance guarantee escrow amounts have been posted,
and a developers agreement has been signed. Notwithstanding any other
provisions of this section, no certificate of occupancy shall be issued
to the developer until all improvements as shown on the approved improvement
plan, have been installed and approved by the Township Engineer, except
that a temporary certificate of occupancy may be issued in accordance
with the provisions of this Ordinance.
The developer shall notify each homeowner, on forms supplied
by the Township Clerk, that the developer has deposited funds with
the Township to guarantee the completion and maintenance of the required
improvements, and a copy thereof, together with proof of service,
shall be filed with the Construction Official. The maintenance guaranty
shall remain in effect for two years from the date of approval of
the improvements by the Township Engineer.
Prior to the issuance of any certificate of occupancy, the developer
shall have graded the land of the lot to which the certificate of
occupancy applies in a manner approved by the Township Engineer to
assure proper drainage of the lot. Prior to the issuance of a building
permit, the developer of the subject lot shall submit three copies
of a lot grading plan to the Construction Official along with the
fees set forth in Subsection 183.9. No building permit shall be issued
until the Township Engineer has approved the lot grading plan in writing.
Every developer, as a condition for approval of a subdivision
or site plan, whether from the Planning Board or Board of Adjustment,
shall be required to pay the developer's pro rata share of the cost
of providing reasonable and necessary street improvements and water,
sewerage and drainage facilities, and easements therefor, located
outside the property limits of the subdivision or development but
necessitated or required by construction or improvements within such
subdivision or development. The off-tract improvements for which the
developer must contribute shall be based on the circulation plan and
the utility service plan elements of the Master Plan. If no other
property would obtain a significant benefit from such improvements,
the developer shall pay the entire cost thereof. If other property
within a related and common area would obtain a benefit from such
improvements, then the approving authority shall determine the proportionate
share of each element of the improvements, which shall be borne by
each developer within such area. Where a developer pays the amount
determined as the developer's pro rata share under protest, the developer
shall institute legal action within one year of such payment in order
to preserve the right to a judicial determination as to the fairness
and reasonableness of such amount.
a.
Notwithstanding any other provisions of this Ordinance, no building
permit shall be issued to the applicant until the installation of
the following on-site improvements: streets (whether or not they are
to be dedicated to the Township), curbs, storm sewers and sanitary
sewers and other utilities installed by the applicant itself and not
utility companies. Street installations required herein shall include
completion of the sub-base and the stabilized macadam base course.
Notwithstanding any other provision of this Ordinance no certificate
of occupancy shall be issued to the applicant until all improvements
as shown on the approved improvement plans (including but not limited
to streets, curbs, water mains, gas mains, storm sewers, sanitary
sewers and other utilities) have been installed and approved by the
Township Engineer.
b.
As a condition of final site plan approval, the approving authority
shall require the posting of performance guarantees and engineering
inspection escrow deposits in accordance with the requirements of
Section 183. Notwithstanding any other provision of this Ordinance,
no certificate of occupancy shall be issued to the developer until
all improvements as shown on the approved improvement plans have been
installed and approved by the Township Engineer.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance No. 155-04 and Ordinance No. 200-06.
[Ord. No. 414-2018]
a.
In Holmdel Builder's Association V. Holmdel Township, 121 N.J. 550
(1990), the New Jersey Supreme Court determined that mandatory development
fees are authorized by the Fair Housing Act of 1985 (the Act), N.J.S.A.
52:27d-301 et seq., and the State Constitution, subject to the Council
on Affordable Housing's (COAH's) adoption of rules.
b.
Pursuant to P.L.2008, c.46 Section 8 (C. 52:27D-329.2) and the Statewide
Non-Residential Development Fee Act (C. 40:55D-8.1 through 8.7), COAH
is authorized to adopt and promulgate regulations necessary for the
establishment, implementation, review, monitoring and enforcement
of municipal affordable housing trust funds and corresponding spending
plans. Municipalities that are under the jurisdiction of the Council
or court of competent jurisdiction and have a COAH-approved spending
plan may retain fees collected from non-residential development.
c.
This ordinance (Section 185) establishes standards for the collection,
maintenance, and expenditure of development fees pursuant to COAH's
regulations and in accordance P.L.2008, c.46, Sections 8 and 32-38.
Fees collected pursuant to this section shall be used for the sole
purpose of providing low- and moderate-income housing. This section
shall be interpreted within the framework of COAH's rules on development
fees, codified at N.J.A.C. 5:97-8.
[Ord. No. 414-2018]
[Ord. No. 414-2018]
The following terms, as used in this section, shall have the
following meanings:
Means a development included in the Housing Element and Fair
Share Plan, and includes, but is not limited to, an inclusionary development,
a municipal construction project or a 100% affordable development.
Means the New Jersey Council on Affordable Housing established
under the Act which has primary jurisdiction for the administration
of housing obligations in accordance with sound regional planning
consideration in the State.
Means the legal or beneficial owner or owners of a lot or
of any land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
Means money paid by a developer for the improvement of property
as permitted in N.J.A.C. 5:97-8.3.
Means the assessed value of a property divided by the current
average ratio of assessed to true value for the municipality in which
the property is situated, as determined in accordance with Sections
1, 5, and 6 of P.L. 1973, c.123 (C.54: 1-35a through C.54: 1-35c).
Means those strategies that minimize the impact of development
on the environment, and enhance the health, safety and well-being
of residents by producing durable, low-maintenance, resource-efficient
housing while making optimum use of existing infrastructure and community
services.
[Ord. No. 414-2018]
a.
Imposed fees.
1.
Within the Township residential district(s), residential developers,
except for developers of the types of development specifically exempted
below, shall pay a fee of 1 1/2% of the equalized assessed value
for residential development provided no increased density is permitted.
2.
When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5)
(known as a "d" variance) has been permitted, developers shall be
required to pay a development fee of 6% of the equalized assessed
value for each additional unit that may be realized. However, if the
zoning on a site has changed during the two-year period preceding
the filing of such a variance application, the base density for the
purposes of calculating the bonus development fee shall be the highest
density permitted by right during the two-year period preceding the
filing of the variance application.
Example: If an approval allows four units to be constructed
on a site that was zoned for two units, the fees could equal 1 1/2%
of the equalized assessed value on the first two units; and the specified
higher percentage up to 6% of the equalized assessed value for the
two additional units, provided zoning on the site has not changed
during the two-year period preceding the filing of such a variance
application.
b.
Eligible exactions, ineligible exactions and exemptions for residential
development.
1.
Affordable housing developments, developments where the developer
is providing for the construction of affordable units elsewhere in
the municipality, and developments where the developer has made a
payment in lieu of on-site construction of affordable units shall
be exempt from development fees.
2.
Developments that have received preliminary or final site plan approval
prior to the adoption of a municipal development fee ordinance shall
be exempt from development fees, unless the developer seeks a substantial
change in the approval. Where a site plan approval does not apply,
a zoning and/or building permit shall be synonymous with preliminary
or final site plan approval for this purpose. The fee percentage shall
be vested on the date that the building permit is issued.
3.
Owner-occupied residential structures demolished and replaced as
a result of a fire, flood, or natural disaster shall be exempt from
paying a development fee.
4.
Development fees shall be imposed and collected when an existing
structure undergoes a change to a more intense use, is demolished
and replaced, or is expanded, if the expansion is not otherwise exempt
from the development fee requirement. The development fee shall be
calculated on the increase in the equalized assessed value of the
improved structure.
[Ord. No. 414-2018]
a.
Imposed fees.
1.
Within all zoning districts, non-residential developers, except for
developers of the types of development specifically exempted, shall
pay a fee equal to 2.5% of the equalized assessed value of the land
and improvements, for all new non-residential construction on an unimproved
lot or lots.
2.
Non-residential developers, except for developers of the types of
development specifically exempted, shall also pay a fee equal to 2.5%
of the increase in equalized assessed value resulting from any additions
to existing structures to be used for non-residential purposes.
3.
Development fees shall be imposed and collected when an existing
structure is demolished and replaced. The development fee of 2.5%
shall be calculated on the difference between the equalized assessed
value of the pre-existing land and improvement and the equalized assessed
value of the newly improved structure, i.e. land and improvement,
at the time final certificate of occupancy is issued. If the calculation
required under this section results in a negative number, the non-residential
development fee shall be zero.
b.
Eligible exactions, ineligible exactions and exemptions for non-residential
development.
1.
The non-residential portion of a mixed-use inclusionary or market
rate development shall be subject to the 2.5% development fee, unless
otherwise exempted below.
2.
The 2.5% fee shall not apply to an increase in equalized assessed
value resulting from alterations, change in use within existing footprint,
reconstruction, renovations and repairs.
3.
Non-residential developments shall be exempt from the payment of
non-residential development fees in accordance with the exemptions
required pursuant to P.L.2008, c.46, as specified in the Form N-RDF
"State of New Jersey Non-Residential Development Certification/Exemption"
Form. Any exemption claimed by a developer shall be substantiated
by that developer.
4.
A developer of a non-residential development exempted from the non-residential
development fee pursuant to P.L.2008, c.46 shall be subject to it
at such time the basis for the exemption no longer applies, and shall
make the payment of the non-residential development fee, in that event,
within three years after that event or after the issuance of the final
certificate of occupancy of the non-residential development, whichever
is later.
5.
If a property which was exempted from the collection of a non-residential
development fee thereafter ceases to be exempt from property taxation,
the owner of the property shall remit the fees required pursuant to
this section within 45 days of the termination of the property tax
exemption. Unpaid non-residential development fees under these circumstances
may be enforceable by Long Hill Township as a lien against the real
property of the owner.
[Ord. No. 414-2018]
a.
Upon the granting of a preliminary, final or other applicable approval,
for a development, the applicable approving authority shall direct
its staff to notify the construction official responsible for the
issuance of a building permit and the Zoning Officer.
b.
For non-residential developments only, the developer shall also be
provided with a copy of Form N-RDF "State of New Jersey Non-Residential
Development Certification/Exemption" to be completed as per the instructions
provided. The developer of a non-residential development shall complete
Form N-RDF as per the instructions provided. The construction official
shall verify the information submitted by the non-residential developer
as per the instructions provided in the Form N-RDF. The Tax assessor
shall verify exemptions and prepare estimated and final assessments
as per the instructions provided in Form N-RDF.
c.
The construction official responsible for the issuance of a building
permit shall notify the local tax assessor of the issuance of the
first building permit for a development which is subject to a development
fee.
d.
Within 90 days of receipt of that notice, the municipal tax assessor,
based on the plans filed, shall provide an estimate of the equalized
assessed value of the development.
e.
The construction official responsible for the issuance of a final
certificate of occupancy notifies the local assessor of any and all
requests for the scheduling of a final inspection on property which
is subject to a development fee.
f.
Within 10 business days of a request for the scheduling of a final
inspection, the municipal assessor shall confirm or modify the previously
estimated equalized assessed value of the improvements of the development;
calculate the development fee; and thereafter notify the developer
of the amount of the fee.
g.
Should Long Hill Township fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in Subsection b of Section 37 of P.L.2008, c.46 (C.40:55D-8.6).
h.
50% of the development fee shall be collected at the time of issuance
of the building permit. The remaining portion shall be collected at
the issuance of the certificate of occupancy. The developer shall
be responsible for paying the difference between the fee calculated
at building permit and that determined at issuance of certificate
of occupancy.
i.
Appeal of development fees.
1.
A developer may challenge residential development fees imposed by
filing a challenge with the County Board of Taxation. Pending a review
and determination by the Board, collected fees shall be placed in
an interest bearing escrow account by Long Hill Township. Appeals
from a determination of the Board may be made to the tax court in
accordance with the provisions of the State Tax Uniform Procedure
Law, R.S.54:48-1 et seq., within 90 days after the date of such determination.
Interest earned on amounts escrowed shall be credited to the prevailing
party.
2.
A developer may challenge non-residential development fees imposed
by filing a challenge with the Director of the Division of Taxation.
Pending a review and determination by the Director, which shall be
made within 45 days of receipt of the challenge, collected fees shall
be placed in an interest bearing escrow account by Long Hill Township.
Appeals from a determination of the Director may be made to the tax
court in accordance with the provisions of the State Tax Uniform Procedure
Law, R.S.54:48-1 et seq., within 90 days after the date of such determination.
Interest earned on amounts escrowed shall be credited to the prevailing
party.
[Ord. No. 414-2018]
a.
There is hereby created a separate, interest-bearing housing trust
fund to be maintained by the Chief Financial Officer for the purpose
of depositing development fees collected from residential and non-residential
developers and proceeds from the sale of units with extinguished controls.
b.
The following additional funds shall be deposited in the Affordable
Housing Trust Fund and shall at all times be identifiable by source
and amount:
1.
Payments in lieu of on-site construction of affordable units;
2.
Developer contributed funds to make 10% of the adaptable entrances
in a townhouse or other multistory attached development accessible;
3.
Rental income from municipally operated units;
4.
Repayments from affordable housing program loans;
5.
Recapture funds;
6.
Proceeds from the sale of affordable units; and
7.
Any other funds collected in connection with Long Hill Township's
affordable housing program.
c.
Within seven days from the opening of the trust fund account, Long
Hill Township shall provide COAH with written authorization, in the
form of a three-party escrow agreement between the municipality, the
bank, and COAH to permit COAH to direct the disbursement of the funds
as provided for in N.J.A.C. 5:97-8.13(b).
d.
All interest accrued in the housing trust fund shall only be used
on eligible affordable housing activities approved by COAH.
[Ord. No. 414-2018]
a.
The expenditure of all funds shall conform to a spending plan approved
by COAH. Funds deposited in the housing trust fund may be used for
any activity approved by COAH to address the Township of Long Hill's
fair share obligation and may be set up as a grant or revolving loan
program. Such activities include, but are not limited to: preservation
or purchase of housing for the purpose of maintaining or implementing
affordability controls, rehabilitation, new construction of affordable
housing units and related costs, accessory apartment, market to affordable,
or regional housing partnership programs, conversion of existing non-residential
buildings to create new affordable units, green building strategies
designed to be cost saving and in accordance with accepted national
or state standards, purchase of land for affordable housing, improvement
of land to be used for affordable housing, extensions or improvements
of roads and infrastructure to affordable housing sites, financial
assistance designed to increase affordability, administration necessary
for implementation of the Housing Element and Fair Share Plan, or
any other activity as permitted pursuant to N.J.A.C. 5:97-8.7 through
8.9 and specified in the approved spending plan.
b.
Funds shall not be expended to reimburse Long Hill Township for past
housing activities.
c.
At least 30% of all development fees collected and interest earned
shall be used to provide affordability assistance to low- and moderate-income
households in affordable units included in the municipal Fair Share
Plan. One-third of the affordability assistance portion of development
fees collected shall be used to provide affordability assistance to
those households earning 30% or less of median income by region.
1.
Affordability assistance programs may include down payment assistance,
security deposit assistance, low interest loans, rental assistance,
assistance with homeowners association or condominium fees and special
assessments, and assistance with emergency repairs.
2.
Affordability assistance to households earning 30% or less of median
income may include buying down the cost of low or moderate income
units in the municipal Fair Share Plan to make them affordable to
households earning 30% or less of median income.
3.
Payments in lieu of constructing affordable units on site and funds
from the sale of units with extinguished controls shall be exempt
from the affordability assistance requirement.
d.
The Township of Long Hill may contract with a private or public entity
to administer any part of its Housing Element and Fair Share Plan,
including the requirement for affordability assistance, in accordance
with N.J.A.C. 5:96-18.
e.
No more than 20% of all revenues collected from development fees,
may be expended on administration, including, but not limited to,
salaries and benefits for municipal employees or consultant fees necessary
to develop or implement a new construction program, a Housing Element
and Fair Share Plan, and/or an affirmative marketing program. In the
case of a rehabilitation program, no more than 20% of the revenues
collected from development fees shall be expended for such administrative
expenses. Administrative funds may be used for income qualification
of households, monitoring the turnover of sale and rental units, and
compliance with COAH's monitoring requirements. Legal or other fees
related to litigation opposing affordable housing sites or objecting
to the Council's regulations and/or action are not eligible uses of
the affordable housing trust fund.
[Ord. No. 414-2018]
a.
The Township of Long Hill shall complete and return to COAH all monitoring
forms included in monitoring requirements related to the collection
of development fees from residential and non-residential developers,
payments in lieu of constructing affordable units on site, funds from
the sale of units with extinguished controls, barrier free escrow
funds, rental income, repayments from affordable housing program loans,
and any other funds collected in connection with Long Hill Township's
housing program, as well as to the expenditure of revenues and implementation
of the plan certified by COAH. All monitoring reports shall be completed
on forms designed by COAH.
[Ord. No. 414-2018]
a.
The ability for Long Hill Township to impose, collect and expend
development fees shall expire with its substantive certification unless
Long Hill Township has filed an adopted Housing Element and Fair Share
Plan with COAH, has petitioned for substantive certification, and
has received COAH's approval of its development fee ordinance. If
Long Hill Township fails to renew its ability to impose and collect
development fees prior to the expiration of substantive certification,
it may be subject to forfeiture of any or all funds remaining within
its municipal trust fund. Any funds so forfeited shall be deposited
into the "New Jersey Affordable Housing Trust Fund" established pursuant
to Section 20 of P.L.1985, c.222 (C.52:27D-320). The Township of Long
Hill shall not impose a residential development fee on a development
that receives preliminary or final site plan approval after the expiration
of its substantive certification or judgment of compliance, nor shall
Long Hill Township retroactively impose a development fee on such
a development. The Township of Long Hill shall not expend development
fees after the expiration of its substantive certification or judgment
of compliance.
This Ordinance shall be enforced by the Code Enforcement Officer who shall be appointed by the Township Committee in accordance with the provisions of Chapter 2 of this Code.
It shall be the duty of the Construction Official and/or the
Police Department to refer to the Code Enforcement Officer, for investigation,
any complaint of a violation of this Ordinance, and it shall be the
duty of the Code Enforcement Officer to enforce the various provisions
of this Ordinance and, if a violation is found to exist, to serve
notice upon the owner of the violation and notify the Township Committee.
The fact that provision is made herein for a Code Enforcement
Officer who is empowered to enforce this Ordinance shall not preclude
the filing of complaints and the issuance of legal process by the
Construction Official, members of the Police Department and any other
Township official or resident of this Township in connection with
the enforcement of this Ordinance.
The Construction Official and Code Enforcement Officer and other
Township officials and professionals shall, at reasonable times, be
permitted access to inspect premises, buildings or structures, whether
erected after the enactment of this Ordinance, already erected or
in the course of erection, for the purpose of determining whether
or not the provisions of this Ordinance have been or will be complied
with.
This Ordinance shall be administered by the Construction Official,
Code Enforcement Official and any other individual or agency so designated
by the governing body or approving authority.
It shall be the duty of all individuals or agencies responsible
for the administration of this Ordinance to keep a record of all applications,
plans, building permits, certificates of occupancy and other forms,
documents and reports relevant to any matter subject to the procedures
of this Ordinance. Said records shall be kept on file at the Municipal
Building or other designated office and shall be available for inspection
by any interested party during normal business hours.
Any individual or agency designated by the governing body or
approving authority may promulgate such rules and regulations as deemed
necessary for the proper administration of this Ordinance subject
to the approval, amendment, modification or repeal thereof by the
governing body or approving authority. A copy of such rules and regulations
shall be kept on file in the office of the Township Clerk, available
for inspection by an interested party during business hours.
[Ord. No. 184-06 § 2]
If any owner, tenant, licensee, agent or other person erects, constructs, alters, repairs, converts or maintains any building or structure or uses any building, structure or land in violation of this Ordinance, or refuses any Township official or professional reasonable opportunity to inspect such premises, then, upon conviction such person shall be liable to the penalty stated by Section 1-5 of the Township Code. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. In addition, any permit for any structure involved in such violation shall stand revoked until such time as the Ordinance is complied with.
[Ord. No. 184-06 § 2]
The owner of any building, lot or land, or part thereof, where
anything in violation of this Ordinance shall be placed or shall exist
or any architect, builder, contractor, agent, person or corporation
who assists in the commission of any such violation shall each be
guilty of a separate misdemeanor and, upon conviction thereof, shall
each be liable to the penalties specified by Township Code.
In case any section or provision of this Ordinance shall be
held invalid in any court of competent jurisdiction, the same shall
not affect any other section or provision of this Ordinance except
insofar as the section or provision so declared invalid shall be inseparable
from the remainder or any portion thereof.
This Ordinance repeals all prior zoning, subdivision, site plan
and related Ordinances governing land use in the Township. Any and
all other Ordinances or parts thereof in conflict or inconsistent
with any of the terms of this Ordinance are hereby also repealed to
such extent as they are so in conflict or inconsistent. However, the
adoption of this Ordinance shall not prevent or bar the continuation
or institution of any proceedings for offenses heretofore committed
in violation of any existing Ordinances of the Township.
