The power to regulate zoning is contained in R.S. 40:55D-1,
et seq.
[Ord. 303]
This chapter shall be known and may be cited as "The Hopewell
Borough Zoning Ordinance of 1968, as amended".
[Ord. 217]
The purpose of this chapter is to encourage the most appropriate
use of land through the borough and to conserve the value of property,
with due consideration for the character of the zones and their peculiar
suitability for particular uses, all in accordance with a comprehensive
plan designed to lessen congestion in the streets; to secure safety
from fire, flood, panic, and other dangers; to promote health and
the general welfare; to provide adequate light and air; to prevent
overcrowding of land; to avoid undue concentration of population,
and to that end to regulate the height, design appearance, number
of stories and size of buildings and other structures; the percentage
of the area of the lot that may be occupied; the size of yards, courts,
and other open spaces; the density of population, and the location
and use of buildings, structures, and land for trade, industry, residence
or other purposes; and the height, size, and location of these uses
within the limits of the borough.
[Ord. 217]
In their interpretation and application, the provisions of this
chapter shall be held to be the minimum requirements adopted for the
promotion of the public health, safety, comfort, convenience and general
welfare.
[Ord. 217; Ord. 266; Ord. 302; Ord. 303; Ord.
331; Ord. 391; Ord. 479; Ord. 480; Ord. 550; Ord. 578; Ord. 610; Ord. 704]
For the purposes of this chapter, the following terms are herewith
defined to mean and shall be construed to mean the following:
A secondary residential or home-based occupation unit, either
attached or detached, on the same lot as the primary unit.
As applied to a building or a structure, a change or rearrangement
in the structure parts or in the existing facilities or an enlargement
whether by extension of a side or by increasing in height or by moves
from one location or position to another.
Premises on which are held at periodic times auction sales or
merchandise or any other personal property and which are conducted
as business for profit.
Any area or structure used or intended to be issued for the
conducting and operating of the business of selling, buying, storing,
or trading in used or discarded metal, glass, paper, cordage or any
used or disabled fixtures, vehicles or equipment of any kind.
A story partly underground and having more than one-half of
its height above the average level of ground abutting the building.
Any sign not located on the property to which it relates, used
to identify the product made or the activity being pursued by an individual,
business, service, commercial or industrial enterprise, for the purpose
of apprising the public of the location of such enterprise or the
type of activity in which it is engaged.
A unit of land bounded by streets or by a combination of streets
and public land, railroad rights-of-way, waterways, or any other barrier
to the continuity of development. See Figure 1.
|
Figure 1, Illustrating "Block"
 |
A residential building in which the principal resident family
serves meals to persons who may or may not normally reside in the
subject building. Where changes in the outward appearance or structural
configuration of the residential building have been made or are contemplated
to accommodate the preparation or serving of such meals, the use shall
be deemed to be a restaurant and shall be subject to the regulations
and standards established therefor in the borough.
A combination of materials to form a construction adapted to
permanent, temporary, or continuous occupancy and having a roof.
The aggregate of the areas of all enclosed and roofed spaces
of the principal building and all accessory buildings. Such areas
shall be computed by using outside building dimensions measured on
a horizontal plane at ground level.
The vertical dimension measured from the average elevation of
the finished lot grade at the front of the building to the highest
point of the roof of the top story in the case of a flat roof; to
the deckline of a mansard roof and to the average height between the
plate and ridge of a gable, hip or gambrel roof.
A line formed by the intersection of a horizontal plane at average grade level and a vertical plan that coincides with the exterior surface of the building on any side. In case of a cantilevered section of a building or projected roof or porch, the vertical plane will coincide with the most projected surface as covered in subsection 12-4.7. All yard requirements are measured to the building line.
A building or buildings, in which is conducted the main or principal
use of the lot on which the building is situated.
A business establishment which does not offer a product or merchandise
for sale to the public but offers a service to the public. However,
personal services, such as barber and beauty shops and repair services,
such as radio and television repair shops, are not to be included
within the definition of business office.
[Added 5-6-2021 by Ord.
No. 846]
Any person or entity holding a Class 1 Cannabis Cultivator license
issued by the State of New Jersey that grows, cultivates, or produces
cannabis in the State of New Jersey, and sells, and may transport,
this cannabis to other cannabis cultivators, or usable cannabis to
cannabis manufacturers, cannabis wholesalers, or cannabis retailers,
but not to consumers.
[Added 5-6-2021 by Ord.
No. 846]
The transportation of cannabis items and related supplies to
a consumer. "Cannabis delivery" also includes the use by a licensed
cannabis retailer of any third party technology platform to receive,
process, and fulfill orders by consumers, which third party shall
not be required to be a licensed cannabis establishment, distributor,
or delivery service, provided that any physical acts in connection
with fulfilling the order and delivery shall be accomplished by a
certified cannabis handler performing work for or on behalf of the
licensed cannabis retailer, which includes a certified cannabis handler
employed or otherwise working on behalf of a cannabis delivery service
making off-premises deliveries of consumer purchases fulfilled by
that cannabis retailer.
[Added 5-6-2021 by Ord.
No. 846]
Any person or entity holding a Class 6 Cannabis Delivery license
issued by the State of New Jersey that provides courier services for
consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer.
[Added 5-6-2021 by Ord.
No. 846]
Any person or entity holding a Class 4 Cannabis Distributor
license issued by the State of New Jersey that transports cannabis
in bulk intrastate from one licensed cannabis cultivator to another
licensed cannabis cultivator, or transports 40 cannabis items in bulk
intrastate from any one class of licensed cannabis establishment to
another class of licensed cannabis establishment, and may engage in
the temporary storage of cannabis or cannabis items as necessary to
carry out transportation activities.
[Added 5-6-2021 by Ord.
No. 846]
A cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler,
or a cannabis retailer.
[Added 5-6-2021 by Ord.
No. 846]
Any person or entity holding a Class 2 Cannabis Manufacturer
license issued by the State of New Jersey, that processes cannabis
items in this State by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
[Added 5-6-2021 by Ord.
No. 846]
Any person or entity holding a Class 5 Cannabis license issued
by the State of New Jersey that purchases or otherwise obtains usable
cannabis from cannabis cultivators and cannabis items from cannabis
manufacturers or cannabis wholesalers, and sells these to consumers
from a retail store, and may use a cannabis delivery service or a
certified cannabis handler for the off-premises delivery of cannabis
items and related supplies to consumers. A cannabis retailer shall
also accept consumer purchases to be fulfilled from its retail store
that are presented by a cannabis delivery service which will be delivered
by the cannabis delivery service to that consumer.
[Added 5-6-2021 by Ord.
No. 846]
Any person or entity holding a Class 3 Cannabis Wholesaler license
issued by the State of New Jersey that purchases or otherwise obtains,
stores, sells or otherwise transfers, and may transport, cannabis
items for the purpose of resale or other transfer to either another
cannabis wholesaler or to a cannabis retailer, but not to consumers.
A story partly underground and having more than one-half of
its clear height below the average level of ground abutting the building.
A certificate issued by the building inspector upon completion
of construction, alteration or change in occupancy or use of a building
or of a leasable portion of a building such as a store, office or
apartment. Such certificate shall acknowledge compliance with all
requirements of the provisions of this chapter, such adjustments thereto
granted by the board of adjustment, and all other applicable requirements.
A building used to house a social, fraternal or service organization
or club not organized or conducted for profit and which is not an
adjunct to or operated by or in conjunction with a public tavern,
cafe, or other place of business.
An application form completed as specified by ordinance and
the rules and regulations of the municipal agency, and all accompanying
documents required by ordinance for approval of the application for
development, including where applicable, but not limited to, a site
plan or subdivision plat and the Hopewell Borough Standard Construction
Requirements and Procedures; provided that the municipal agency may
require such additional information not specified in the ordinance
or any revisions in the accompanying documents, as are reasonably
necessary to make an informed decision as to whether the requirements
necessary for approval of the application for development have been
met. The application shall not be deemed incomplete for lack of any
such additional information or any revisions in the accompanying documents
so required by the municipal agency. An application shall be certified
as complete immediately upon the meeting of all requirements specified
in the ordinance and the rules and regulations of the municipal agency,
and shall be deemed complete as of the day it is so certified by the
administrative officer for purposes of the commencement of the time
period for action by the municipal agency.
The New Jersey Council on Affordable Housing.
A dwelling unit affordable according to the Substantive Rules
of the New Jersey Council on Affordable Housing. N.J.A.C. 5:93-1.1
et seq., as supplemented and amended.
A building operated by a homeowner's association for the benefit
of members of the homeowner's association or the entire community,
or both.
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 the zoning chapter, and upon the issuance of an authorization
therefor by the planning board.
The officially established grade of the curb in front of the
mid-point of the lot.
Money paid by an individual, person, partnership, association,
company or corporation for the improvement of property as permitted
by COAH rules.
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.
An establishment that by design, physical facilities, service,
or packaging procedures encourages or permits customers to receive
services, obtain goods, or be entertained while remaining in their
motor vehicles.
A land site used primarily for the disposal by dumping, burial,
burning, or other means and for whatever purposes of garbage, sewage,
trash, refuse, junk, discarded machinery, vehicles or parts thereof,
and other waste, scrap, or discarded material of any kind.
One or more rooms providing living facilities for one family.
A dwelling unit containing private sanitary facilities and equipment
for cooking for the sole use of the resident family.
A dwelling unit containing private sanitary facilities for the
resident family but no cooking equipment.
A detached family unit designed for or occupied exclusively
by one family.
A family unit designed for or occupied exclusively by one family
that includes duplexes and townhouses not to exceed four attached
units.
Two dwelling units of the family unit type having one structural
wall in common.
A one-family dwelling that has been remodeled or structurally
altered to contain two dwelling units of the family type.
A dwelling unit of the family unit type designed and constructed
as an integral part of a building which is not a secondary use. Where
a dwelling apartment is permitted as a primary use, the building shall
contain not more than three apartments.
A one room dwelling unit which shall be the residence of not
more than one person at any time. Where a building contains three
or more rental rooms, it shall be deemed to be a rooming house.
The value of a property determined by the municipal tax assessor
through a process designed to ensure that all property in the municipality
is assessed at the same assessment ratio or ratios required by law.
Estimates at the time of building permit may be obtained by the tax
assessor utilizing estimates for construction cost. Final equalized
assessed value will be determined at project completion by the municipal
tax assessor.
Any number of persons, whether or not related by blood, marriage
or adoption, living together as a single housekeeping unit and using
certain rooms and housekeeping facilities in common.
Any parcel of land, five acres or larger in size, which is used
for gain in the raising of agricultural or horticultural products,
including livestock and poultry.
Any building used for the housing of agricultural equipment,
produce, livestock, poultry or for the incidental or customary storage
or processing of farm products, and provided that such building is
located on, operated in conjunction with, and necessary to the operation
of the farm as defined herein. The term "farm building" shall not
include "farm dwelling."
An artificially constructed barrier of wood, masonry, stone,
wire, metal or any other manufactured material or combination of materials
erected for the enclosure of yard areas.
The floor area total of all buildings on a lot, divided by the
total lot area.
The sum of the areas of the floor or floors of a building which
are enclosed and usable for human occupancy or the conduct of business.
These areas shall be measured between the inside face of exterior
walls, or from the centerline of walls separating two uses. The areas
shall include areas finished for human occupancy, having a sloping
roof or ceiling where the roof or ceiling height is not less than
six feet. The areas shall not include areas below the average level
of the adjoining ground, garage space, or accessory building space.
A secondary building used in conjunction with a primary building
which provides for the storage of motor vehicles and in which no occupation,
business or services for profit are carried on.
Any garage other than a private garage, available on a rental
basis for the storage of motor vehicles.
An establishment providing lodging and usually meals for the
general public, especially transient guests. It may include such uses
incident to the operation as follows: rest rooms, office, meeting
rooms, restaurants, cocktail lounges, beauty parlors, barber shops,
apparel stores, confectionery shops, and the like. Such incidental
uses shall be conducted solely within the primary building.
A designated parcel, tract or area of land established by a
plot, or otherwise as permitted by law, to be used, developed or built
upon as a unit.
An area of land which is determined by the limits of the lot
lines bounding that area and expressed in terms of square feet or
acres. Any portion of a lot included in a public street right-of-way
shall not be included in calculating lot area.
A parcel of land at the junction of and on two or more intersecting
streets.
The square footage or other area measurement by which all buildings
and impervious surfaces cover a lot as measured in a horizontal plane
to the limits of the impervious area. All surfaced parking areas and
all required parking areas which are permitted to remain unsurfaced
shall be included in the computation of lot coverage.
The horizontal distance between the side lot lines measured
between the points at which the rear line of the required front yard
area intersects the side lot lines.
The production of articles or finished products from previously
refined raw materials by giving them new forms or qualities.
A series of attached dwelling units where each unit has direct
access to parking space for the unit's occupant, and which is operated
as a business to provide lodging to the general public, especially
transient guests. An office and one one-family dwelling may be included
as accessory uses to the motel.
A building or use which is designed or intended to be used for
the storage, servicing, repair, maintenance, or cleaning of motor
vehicles or other automotive equipment.
A building the size, dimension or location of which was lawful
prior to the adoption, revision, or amendment of this zoning chapter,
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 lot the area, dimension or location of which was lawful, prior
to the adoption, revision or amendment of this zoning chapter, but
fails to conform to the requirements of the zoning district in which
it is located by reason of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption, revision
or amendment of this zoning chapter, 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.
The specific purpose for which land or a building is used, designed
or maintained.
Any parcel or area of land or water essentially unimproved and
set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space. Such areas may be
improved with only those buildings, structures, streets and off-street
parking and other improvements that are designed to be incidental
to the natural openness of the land.
An off-street space available for the parking of a motor vehicle
and which in this chapter is held to be an area in a garage or in
the open, nine feet wide and 20 feet long, exclusive of passageways
and driveways appurtenant thereto and giving access thereto.
A permit signed by the building inspector stating the proposed
construction is in accordance with the zoning chapter, all applicable
building codes, and any other applicable ordinances such as those
of the board of health.
A permit signed by the zoning officer stating that the purpose
for which a building or land is to be used is in conformity with uses
permitted and all other requirements under this chapter for the zone
in which it is located or is to be located.
The main or principal use to which a building or lot is to be
used.
The office of a member of a recognized profession maintained
for the conduct of his profession. Such professions shall be limited
to those of medicine, law, architecture, engineering, art, religion,
music and other professions which require a similar degree of training
and experience.
The total number of dwelling units which may be or are developed
on an area of land, before requirements for public access and required
open space are provided.
The resulting number of dwelling units which may be or are developed
on a site or lot after public access and required open space are provided.
A professional office which is an accessory use to a one-family
dwelling on the same property.
Any establishment, however designated, at which food is sold
for consumption on the premises to patrons seated within an enclosed
building. However, a snack bar at a public or community playground,
playfield, park or swimming pool operated solely by the agency or
group operating the recreational facilities, and for the sole use
of patrons of the facility, shall not be deemed to be a restaurant.
An establishment where patrons are served soft drinks, ice cream,
and other food products for consumption outside the confines of the
principal building or in automobiles parked upon the premises, regardless
of whether or not, in addition thereto, seats or other accommodations
are provided for the patrons.
A room shall include living rooms, dining rooms, kitchens and
bedrooms. Kitchenettes, which do not include space for eating and
dining areas in which one full wall is open into a living room shall
be counted as one-half room. Baths shall not count as a room.
A building containing three or more dwelling units of the living
unit type where families are housed for hire on at least a monthly
basis. Where such building contains six or more such dwelling units
it shall be deemed to be a hotel.
A subordinate use of a lot or building, the purpose of which
is incidental to that of the primary use and which is located on the
same lot.
A plan of a lot or subdivision on which is shown topography,
location of all buildings, structures, roads, rights of way, boundaries,
all essential dimensions and bearings, and any other information deemed
necessary by the planning board in unusual or special cases.
That portion of a building included between the surface of any
floor and the surface of the next floor above it, or if there be no
floor above it, then the space between any floor and the ceiling next
above it.
That portion of a building under a gable, hip or gambrel roof,
the wall plates of which on at least two opposite exterior walls are
not more than two feet above the floor of such half-story. A basement
shall also be included as a half-story.
A public thoroughfare which has been dedicated or deeded to
the public for public use, and which has been improved in accordance
with municipal standards.
That line determining the limit of the highway rights of the
public, either existing or as officially plotted by the borough.
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.
A determination by COAH approving a municipality's housing element
and fair share plan in accordance with the provisions of the Fair
Housing Act, N.J.S.A. 52:27D-301, et seq., and the regulations promulgated
thereunder.
A public or privately-owned pool open to the general public
or on a membership basis, having appropriate dressing room facilities,
recreational facilities and off-street parking areas.
A structure capable of being filled with water to a depth exceeding
two feet, operated as a secondary use to a residential dwelling unit
or units and located on an individual residential lot.
An establishment whose principal business activity is the practice
of one or more of the following: (1) the placing of designs, letters,
figures, symbols, or other marks upon or under the skin of any person,
using ink or other substances that result in the permanent coloration
of the skin by means of the use of needles or other instruments designed
to contact or puncture the skin; (2) the creation of an opening in
the body of a person for the purpose of inserting jewelry or other
decoration.
A building containing three or more dwelling units of the living
unit type where families are housed for hire on a daily or weekly
basis. Where such building contains six or more such dwelling units,
it shall be deemed to be a hotel.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
An open, unoccupied space on the same lot with the principal
building, extending the full width of the lot and situated between
the street line and the front line of the building projected to the
side lines of that lot. Setback line shall be synonymous with the
rear limit of the required front yard area.
A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of any building on the same lot as defined in subsection 12-4.10. The depth of a rear yard shall be measured at right angles to the rear line of the lot, or if the lot is not rectangular, then in the general direction of its side building lines.
An open, unoccupied space between the side line of the lot and the nearest line of the building and defined in subsection 12-4.10. It shall extend from the front yard to the rear yard, or in the absence of either, to the street or rear lot lines as the case may be. The width of a side yard shall be measured at right angles to the side line of that lot.
The officially established zoning board of adjustment of the
borough.
The officially established Zoning enforcement officer of the
borough.
[Ord. 217; Ord. 227; Ord. 263; Ord. 282; Ord.
303; Ord. 334; Ord. 408; Ord. 697; Ord. 704; Ord. 729]
No building shall hereafter be erected and no existing building
shall be moved, structurally altered, rebuilt, added to or enlarged
nor shall any land be used for any purpose other than those included
among the uses listed as permitted uses in each zone by this chapter
and meeting the requirements set forth in the appended schedule. Nor
shall any open space contiguous to any building be encroached upon
or reduced in any manner, except in conformity to the area and bulk
requirements, off-street parking requirements, and all other regulations
designated in the schedule and this chapter for the zone district
in which such building or space is located. In the event of any such
unlawful encroachment or reduction, such building or use shall be
deemed to be in violation of the provisions of this chapter, and the
certificate of occupancy shall become void.
The following regulations shall apply:
a.
No structure shall be built within 25 feet of the centerline of an
open stream carrying water on an average of six months of the year.
No building shall be constructed on land subject to periodic overflow.
b.
No soil, mineral or similar material may be removed from any lot
except that which is purely incidental to the construction or alteration
of a building or structure. No excavation of any portion of any lot
is permitted, except for landscape or agricultural purposes, and no
paving on any portion of any lot is permitted, except to repair or
resurface existing paving, unless a building permit is first obtained.
c.
Existing natural features such as trees, brooks, drainage channels,
and views shall be retained. Whenever such features interfere with
the proposed use of such property, a retention of the maximum amount
of such features consistent with the use of the property shall be
required.
The following regulations shall apply:
a.
No lot shall have erected upon it more than one principal residential
building. No yard or other open space provided about any building
for the purpose of complying with the provisions of this chapter shall
be considered to provide a yard or open space for any other building.
b.
Accessory Buildings and Secondary Residence Buildings in Side or
Rear Yards. Accessory buildings which are accessory to a residential
use and secondary residence buildings may be located in any side or
rear yard; except, that in case of a corner lot, such buildings shall
not be located in that part of the side or rear yard which is nearer
to a street line than the front yard setback required for a principal
building on the adjacent lot; provided that:
1.
No such accessory building or secondary residence building shall
exceed 15 feet in height.
2.
No such accessory building or secondary residence building shall
be closer to a lot than five feet. However, on contiguous lots, accessory
buildings constructed at the same time may be located in pairs or
groups along the common lot line.
3.
All such accessory buildings and secondary residence buildings, in
the aggregate, shall not occupy more than 20% of the area of the side
yard or rear yard.
c.
Every primary building shall be built upon a lot with frontage upon
a public street improved to meet the borough's requirements pursuant
to the land subdivision ordinance of the borough, unless relief has
been granted by the board of adjustment under the provisions of the
New Jersey Official Map and Building Permit Act (1953), R.S. 40:55-1.40.
d.
Rental residential dwellings of any kind shall not be located in
the cellar of any building. Owner-occupied dwellings shall not be
located or situated solely in the cellar of any building.
e.
At the intersection of two or more streets or at the intersection
of a driveway with the street, no hedge, fence, or wall, other than
a single post or tree which does not obstruct vision, which is higher
than three feet above curb level, nor any obstruction to vision, shall
be permitted in the triangular area formed by the intersecting street
lines or the intersecting street and driveway lines and a line joining
each 30 feet distant from the intersection.
f.
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 lots shall provide the minimum front yard
requirements for the respective zone for both intersecting streets,
for both principal and accessory buildings.
g.
Where a building lot has frontage on a street which the master plan
or the official map of the borough indicates is proposed for right-of-way
widening, the required front yard area shall be measured from such
proposed right-of-way line.
h.
No front yard shall be used for open storage of boats, vehicles,
or any other equipment except for vehicular parking on driveways.
All open storage areas shall be properly landscaped.
i.
Business structures or uses shall not display goods for sale purposes
or coinoperated vending machines of any type in any location which
would infringe upon the required yard areas specified in this chapter.
j.
All yards, open space, off-street parking, and required landscaping
must be contained within the zone in which the use is permitted.
k.
No trucks of a gross empty weight in excess of 5,000 pounds and no
tractors, graders, steam rollers, steam shovels, front end loaders
or other construction or earth moving equipment shall be stored or
parked outside in any residential zone. Not more than one truck of
a gross empty weight in excess of 5,000 pounds, tractor, grader, steam
roller, steam shovel, frontend loader or other construction or earth
moving equipment shall be garaged on any lot in a residential zone.
No vehicles shall be displayed for commercial purposes in any residential
zone.
l.
For the purpose of regulating the locations of accessory buildings
in corner lots, and on lots extending through between two parallel
streets, all portions of a corner lot or a through lot which fronts
on a public street, shall be subject to the front yard requirements
of the zone district in which the corner lot or through lot is located.
m.
When a new lot is formed so as to include within its boundaries any
part of a former lot on which there is an existing building or use,
the subdivision must be carried out in such a manner as will not infringe
upon any of the provisions of this chapter either with respect to
any existing structures or use and any proposed structures or use.
n.
The provisions of this chapter shall not apply to customary local
utility distribution or collection lines for water, gas, telephone
or electric service. All facilities such as pumping stations, repeater
stations, and electric substations which require a structure above
grade shall be subject to the provisions of this chapter with respect
to special exception uses as indicated in each of the respective zones.
o.
Noise restrictions and control for all proposed uses shall be subject
to standards established by the New Jersey Department of Environmental
Protection (NJDEP) and the following:
1.
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 NJDEP.
2.
Noise measurements, if required under this section, shall be made
by an acoustical engineer using equipment meeting standards of the
United States of America Standards Institute.
3.
The Planning Board may require post-development noise measurements
and appropriate noise reduction methods as may be necessary to achieve
compliance with NJDEP standards.
Off-street parking facilities shall adhere to the following
regulations.
a.
Off-street parking space shall be provided as further specified in
this chapter, and shall be furnished with necessary passageways and
driveways. All such space shall be deemed to be required space on
the lot on which it is situated, and shall not be encroached upon
or reduced in any manner. All parking areas, passageways, and driveways,
except where provided in connection with one-family residences, shall
be surfaced with a dustless, durable, all-weather pavement, clearly
marked for car spaces, and shall be adequately drained, all subject
to the approval of the borough engineer. The paving requirements for
parking areas, passageways, and driveways serving eight or fewer vehicles
may be waived by the building inspector, if a suitable crushed stone
base approved by the borough engineer is substituted that satisfies
all safety, drainage, erosion and other applicable engineering requirements.
Except where more restrictive provisions apply under the specific
requirements for each zone district, no off-street parking space or
portion thereof shall be located on any lot within five feet of any
street line, or within five feet of any lot line.
b.
None of the off-street parking facilities as required in this chapter
shall apply to existing structures and uses. If, however, any existing
structure is physically enlarged, or if any existing use is physically
expanded, the parking requirements of this chapter shall apply only
to the enlarged portion of such structure or the expanded portion
of such use.
In the case of a change in use or occupancy of an existing structure,
the parking requirements of this chapter shall apply only to any net
increase in parking demand between the previous use or occupancy and
the proposed use or occupancy.
In the case of dwelling conversions, two off-street parking
spaces shall be provided for the added dwelling unit.
If, subsequent to the date of adoption of this chapter, a room
is converted to a rented room, one off-street parking space shall
be provided for each room newly converted to such use. The provision
shall not apply to rooms rented prior to the date of adoption of this
chapter.
c.
The collective provision of off-street parking areas by two or more
buildings or uses located on adjacent lots is permitted, provided
that the total of such facilities shall not be less than the sum required
of the various buildings or uses computed separately and further provided
that the land upon which the collective facilities are located is
owned or leased by one or more of the collective users.
d.
All parking areas and appurtenant passageways and driveways serving
commercial uses shall be illuminated adequately during the hours between
sunset and sunrise when the use is in operation. Adequate shielding
shall be provided by commercial users to protect adjacent residential
zones from the glare of such illumination and from that of automobile
headlights.
e.
Off-street parking areas providing 20 or more parking spaces shall
be designed to cause minimum interference with traffic on public streets
and to insure ease of access. Such lots shall be provided with shade
trees spaced not greater than 60 feet on center.
f.
Off-street loading and unloading space, with proper access from a
street or alley, shall be provided on any lot on which a building
for trade or business is hereafter erected or substantially enlarged.
g.
Off-street parking facilities provided to comply with the provisions
of this chapter shall not subsequently be exceeded by reason of changes
in conditions and shall at all times meet the requirements of this
chapter.
[Ord. 217, Art. II, S 203;
Reserved by Ord. 480, S 1; Ord. 744; Ord. No. 778]
a.
A minimum space of at least four feet of unrestricted pedestrian
pathway shall be maintained at all times so as not to interfere with,
impede, slow, divert or in any way prevent pedestrians from freely
passing along the sidewalk, or ingress and egress to the establishment,
at any time.
b.
Outdoor dining areas shall not block any municipal sign, public bench,
planter, fire hydrant or any other public amenity.
c.
Outdoor dining furniture shall be constructed of weather resistant
and durable materials consisting of wood, metal, or durable commercial
grade resin/plastics.
d.
Outdoor furniture shall be able to sustain typical wind gusts. In
the event of unusually strong inclement weather, furniture shall be
secured or moved to a secure place.
e.
Outdoor dining tables, chairs, umbrellas and any other decorative
material shall be fire-retardant or manufactured of fire-resistant
material.
f.
Food preparation, storage, cooling or refrigeration, or associated
equipment, is prohibited within the outdoor dining area.
g.
Additional lighting related to outdoor seating is prohibited.
h.
Additional signage related to outdoor seating is prohibited.
i.
External sound systems are prohibited for the outdoor dining area.
j.
Outdoor dining area shall be maintained in good repair and in a safe,
clean and sanitary condition free of accumulated debris, waste, water
and other obstructions or hazards.
k.
Outdoor dining furniture shall be removed completely and stored indoors
or off site at the end of the outdoor dining season, which runs from
March 1st to November 1st annually, or whenever outdoor dining is
not being provided.
l.
Outdoor dining shall be located on the same lot as the principal
use.
m.
Outdoor dining seating and tables must be placed on a level area
with sufficient space between the furniture to allow for efficient
use and safe movement of staff and patrons.
n.
The maximum number of seats shall be determined by the planning board
at the time of application either for site plan or site plan waiver.
Seating evaluation will be based on site capacity and design, parking
demand and availability, and the adopted plumbing subcode for adequate
facilities.
o.
Auxiliary patio heaters must conform to UCC fire regulations and
shall be limited to propane, natural gas or electrical type only.
Auxiliary patio heaters shall be subject to all conditions set forth
in a, b, c, d, e and k above.
Any fences erected in the borough shall adhere to the following:
a.
Before a fence of over three feet in height shall be erected a zoning
permit must be obtained from the zoning officer. A request for a permit
shall be accompanied by a sketch, drawn to scale, showing the height
and location of the fence in relation to all other adjacent structures
and buildings and in relation to all adjoining streets, lot property
lines and yards. Such fence shall not cause undue loss of light and
air to adjoining properties.
b.
Fences may be erected, altered or reconstructed to a height not to
exceed three feet above ground level when located within 25 feet of
the street.
c.
Fences may be erected, altered or reconstructed to a height not to
exceed six feet above ground level when located more than 25 feet
from the street line.
d.
These restrictions shall not be applied so as to restrict the erection
of a wall for the purpose of retaining earth.
e.
These restrictions shall not be applied so as to restrict the erection,
alteration or reconstruction of fences used in connection with farms
or farm operations, except insofar as such fences might affect the
public safety.
a.
Applicability. The provisions for home occupations apply to all structures
in all zones, but shall be subject to the specific regulations covering
the zone in which the structure is located.
b.
Definition. A home occupation is a secondary use which:
1.
Is customarily carried out in a dwelling unit.
2.
Is carried on by an occupant of the dwelling unit.
Home occupation shall not include a barber shop, beauty parlor,
commercial caterer, commercial rental of dishes, glassware, silverware,
tables and chairs, real estate or insurance office, medical doctor
or dentist, studio where dancing or music instruction is offered to
more than two pupils at one time or where concerts or recitals are
held.
c.
Conditions. Home occupations shall be subject to the following conditions:
1.
That no structure shall be erected for the purpose of permitting
a home occupation; that not more than 25% of the net floor area of
a residence shall be used in the conduct of a home occupation; that
no addition to, or exterior change shall be made in any existing residence
or any accessory building in order to permit an increase in the floor
area required for a home occupation.
2.
That no person shall be employed in the home occupation who is not
a member of the family of the person conducting the home occupation
and who does not live in the same house in which the home occupation
is conducted.
3.
That no equipment or process shall be used which creates undesirable
conditions such as noise, vibration, fumes, or odors or causes visible
or audible interference with any radio or television reception beyond
the premises.
Any use not specifically permitted in a zoning district established
by this chapter is hereby specifically prohibited from that district,
and the following uses and activities shall be specifically prohibited
in any zone in the borough.
a.
Any billboards, signboards, advertising signs or devices not expressly
related to the business being conducted on the premises or otherwise
specifically permitted by this chapter.
b.
Auction markets.
c.
Miniature golf courses, golf driving ranges and similar outdoor commercial
recreation facilities.
d.
Junk yards, automobile wrecking or disassembly yards, the sorting
or bailing of scrap metal, paper, rags, or other scrap or waste materials.
e.
The keeping or raising of swine, chickens, game birds, or fowl of
any kind or horses, cows or other farm animals of any kind, except
in connection with a permitted farm use or mink, foxes, or fur-bearing
animals.
f.
Trailer courts, trailer coaches used as a dwelling or commercial
activities related to the outdoor storage or display of trailer coaches.
g.
Privately operated dumps for the disposal of garbage, trash, junk,
refuse, and similar materials.
h.
Drive-in restaurants and drive-in establishments of any type.
i.
Tattoo parlor/body piercing studio.
j.
Boarding kennels and animal hospitals.
k.
The operation
of any and all Class 1 Cannabis Cultivators, Class 2 Cannabis Manufacturers,
Class 3 Cannabis Wholesalers and Class 4 Cannabis Distributors, as
said terms are defined in this chapter and in section 3 of P.L. 2021,
c. 16 (N.J.S.A. 24:6I-33).
[Added 5-6-2021 by Ord. No. 846; amended 9-8-2022 by Ord. No. 859]
[Ord. 303]
Procedures governing site plan review are specified in Chapter 13 of the borough code.
[Ord. 217; Ord. 303; Ord. 331; Ord. 515; Ord.
610; Ord. 640]
The following height modifications are permitted.
a.
The height limitations of this chapter shall not apply to silos,
church spires, belfries, cupolas, and domes not used for human occupancy.
b.
Chimneys, ventilators, skylights, water tanks and similar features,
and necessary mechanical appurtenances usually carried on and above
the roof level may exceed the height limitation of this chapter 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 chapter shall apply.
c.
The provisions of this chapter shall not apply to prevent the erection
above the building height limit of a parapet wall or cornice for ornament
(and without windows) extending above such height limit not more than
five feet. Public and quasi-public buildings, schools, churches and
other similar permitted uses shall increase the front, rear and side
yards by one foot for each foot by which such building exceeds the
height limit herein established for such zone in which it is located,
and further provided that in no case shall any building have a height
greater than 50 feet unless explicitly permitted by the schedule of
this chapter.
a.
Residential Zone. Any parcel of land in a residence zone 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 on the date
of adoption of this chapter, and the owner thereof owns no adjoining
land, may be used as a lot for any purpose permitted in the zone,
provided that the minimum area requirements for such lot shall be
5,000 square feet of lot size and 50 feet of lot width, or 50% of
the area and width requirements for the zone in which located, whichever
is the greater requirement, and further provided that all other regulations
prescribed for the zone by this chapter are complied with.
b.
Business Zone. Any parcel of land in a business zone with an area
or width less than prescribed for a lot in the zone in which such
lot is located, which parcel was under one ownership on the date of
adoption of this chapter, and the owner thereof owns no adjoining
land, may be used as a lot for any purpose permitted in the zone,
provided that the minimum area requirements for such lot shall be
3,000 square feet of lot size and 30 feet of lot width, or 50% of
the area and width requirements for the zone in which located, whichever
is the greater requirement, and further provided that all other regulations
prescribed for the zone by this chapter are complied with.
a.
Front Yards. In residential zones where a uniform front yard setback
has been established (defined as a group of structures within a frontage
of at least 500 feet and having nearly identical front yard setbacks
(defined as not varying by more than six feet)), any new construction
within or abutting such frontage length shall have a front yard setback
that matches the average for such existing development. In those areas
where a uniform front yard setback as described above has not been
established, the front yard setback for new construction shall be
calculated as the average setback on the three developed parcels on
either side of the new construction and within the same block.
b.
Side Yards. In the case of lots upon which an existing structure is located or which comply with the provisions for modification of subsection 12-7.2, combined total side yard requirements, as specified in Column 8 of the schedule of area, yard and building requirements shall be reduced by six inches for each foot by which a lot is less than the minimum requirement specified. In any case, the side yard area for either side yard shall not be reduced to less than 10 feet.
In cases where a lot width is less than prescribed for the zone
in which such lot is located, which lot was a lot of record on the
date of adoption of this chapter, the total minimum floor area may
be reduced by 10%, provided that all other regulations prescribed
for the zone in which the lot is located are complied with.
The regulations prescribed by this chapter shall not apply to
farms where the acreage outside the borough limits exceeds the acreage
within the borough limits except that any extensions of, or additions
to any farm buildings, farm dwellings, or new buildings located within
the borough limits shall require a building permit.
Any such extensions, additions or new buildings shall be located
a minimum of 200 feet from the side lines of the lot and a minimum
of 100 feet from the front line of the lot.
The keeping of a maximum of four animal units shall be permitted
on individual lots of five acres or more and which are entirely within
the borough limits. An animal unit shall consist of one equine animal,
horse, pony or donkey, or three sheep. This limitation shall not apply
to colts or lambs under one year of age. Any shelter or housing to
be erected for such animals shall be located a minimum of 200 feet
from the side lines of the lot and a minimum of 100 feet from the
front line of the lot.
It is recognized that it may be in the interests of the borough
and in accordance with the purpose of this chapter to permit temporary
activities for a limited period of time, which activities may not
be permitted by other provisions of this chapter. If such uses are
of such a nature and are so located that at the time of application
they will:
a.
In no way effect 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 borough.
Upon proper application and favorable findings by the board
of adjustment they may direct the building inspector to issue a permit
for a period not to exceed three months.
Pursuant to N.J.S.A. 40:55D-66.1 and N.J.S.A. 40:55D-66.2, community
residences for the developmentally disabled, community shelters for
victims of domestic violence, community residences for the terminally
ill and community residences for persons with head injuries shall
be permitted conversions in all residential districts in the borough,
and requirements therefor shall be the same as for single-family dwelling
units located within such districts.
a.
Findings. Satellite receiving-only antennas differ from other receiving-only
antennas in their unique size and shape and locational requirements.
In light of this situation and considering the established nature
and unique visual and special historic character of the borough, as
documented in the borough master plan, the potential for conflict
is evident. It is, therefore, the purpose of this section to regulate
the location and installation of satellite receiving-only antennas,
and all receiving-only antennas, in order to avoid potential adverse
impacts on the historic character of the borough.
b.
Installation. Satellite receiving-only antennas and other types of
receiving antennas are permitted, in all zones, subject to the following:
1.
Each such antenna must be an accessory use to a principal structure
and located on the same lot as the principal use for which it is accessory.
Minor site plan approval shall be required for satellite receiving-only
antennas.
2.
Each satellite receiving-only antenna shall be ground mounted in
the rear yard area of the lot and shall be located in conformity with
the rear yard and side yard setback requirements for a principal permitted
structure in the zone district in which the lot is located; except
that, in cases where the applicant can demonstrate, to the satisfaction
of the planning board, that such a required location is impracticable,
or would prevent proper antenna functioning, the board shall approve
an alternate location. Alternate locations shall be selected in accordance
with the following in order of priority indicated. Should an initial
alternate location also be proven impracticable, or not provide for
proper antenna functioning, a lower priority of location shall be
selected. This process shall continue until an acceptable location
is determined by the planning board.
Alternate 1. Roof mounted on an accessory structure and not
visible from any street frontage.
Alternate 2. Roof or ground mounted in a location which minimizes,
to the greatest extent possible, the visibility of such antenna from
street frontages and adjacent properties.
Alternate 3. Roof mounted at the rear of a principal structure,
and located so as to limit antenna visibility, from street frontages
and adjacent properties, to the greatest extent possible.
3.
No ground mounted antenna shall have a height in excess of 12 feet,
measured from the average grade elevation around its base. Roof mounted
antenna shall not exceed zone height limitations. Antenna diameter
shall be limited to the minimum required for proper antenna function,
but no dimensions shall exceed 10 feet.
4.
Ground locations shall be screened from the view of adjacent properties,
to the extent possible and practical for proper antenna functioning,
with nondeciduous plantings or other means acceptable to the planning
board.
c.
No lot shall have more than one satellite receiving-only antenna
and one other type of receiving antenna. Wires and cables running
between a ground mounted antenna and any structure shall be properly
installed in accordance with the Uniform Construction Code.
d.
All antennas shall be installed or constructed in a manner so as
not to interfere with television, radio or similar reception in adjacent
and nearby areas and shall meet all local, state and federal requirements,
including those contained in the Uniform Construction Code.
e.
Portable antennas are prohibited.
[Ord. 217; Ord. 276; Ord. 303]
Except as otherwise provided in this section, the lawful use
of land or buildings existing on the date of adoption of this chapter,
may be continued although such use or building does not conform to
the regulations specified by this chapter for the zone in which such
land or building is located, provided:
A nonconforming use shall be adjudged as abandoned when there
occurs a cessation of any use or activity by an apparent act or failure
to act on the part of the tenant or owner to reinstate such use within
a period of one year from the date of cessation or discontinuance.
a.
Nonconforming Buildings. A nonconforming building wholly or partially
destroyed by fire, explosion, flood or other casualty or legally condemned,
or found to be deteriorated to the extent of requiring replacing,
may be reconstructed provided that:
1.
The reconstructed building shall not exceed in height, area, or volume
the building destroyed, condemned or replaced.
2.
Building reconstruction shall be commenced within one year from the
date the building was destroyed or condemned or torn down for replacement
and such rebuilding shall be carried on without interruption.
No nonconforming use shall, if once changed into a conforming
use, be changed back again to a nonconforming use.
A nonconforming building may be enlarged, extended, altered,
or increased, provided such change shall not increase the degree of
nonconformance.
Whenever the boundaries of a district shall be changed so as
to transfer an area from one district to another of a different classification,
the foregoing provisions shall also apply to any nonconforming uses
existing therein or created thereby.
[Ord. 217; Ord. 303; Ord. 349; Ord. 511]
a.
Zoning and Building Permits. Prior to the construction, erection,
or alteration of any structure, or upon any change in the use of land,
building or structure, the owner or his duly authorized agent shall
secure a zoning permit from the zoning officer. The building inspector
shall not issue any building permit unless the applicant therefor
shall have first obtained a valid zoning permit. The issuance of a
zoning permit under the terms of this chapter shall in no way waive
or modify the requirements of other regulations of the borough governing
such matters as construction, health, sanitation, and the like.
Any modification of the plans or other data upon which the zoning
officer's issuance of a zoning permit was based shall invalidate such
zoning permit and the revised plans or data shall be resubmitted to
the zoning officer for a new zoning permit.
The building permit shall be posted at the entrances or front
of the structure for which it is issued and kept protected and intact
until a certificate of occupancy is issued. Any building permit issued
by the building inspector shall expire by limitation if no construction,
alteration, or conversion has been commenced within one year from
the date of granting the building permit.
b.
Drainage Approval. Prior to the construction of any structure, including
residential structures exempt from site plan review, the owner or
his duly authorized agent shall submit to the borough engineer for
review and approval an individual drainage plan for the subject lot
prepared by a New Jersey licensed engineer and a survey prepared by
a New Jersey licensed engineer or surveyor. No drainage plan or survey
shall be required if a drainage plan and survey have been previously
submitted and approved for said lot as part of a subdivision or site
application.
The building inspector shall not issue a building permit until the applicant presents a drainage plan approved by the borough engineer. The fee for the review and approval of a drainage plan shall be as set forth in subsection 10A-4.4 of the Borough Land Use Procedures Ordinance.
c.
Certificate of Occupancy. A certificate of occupancy shall be obtained
from the building inspector by the owner or his duly authorized agent
before any building or structure for which a building permit has been
issued is occupied or used. With regard to commercial or multiple-family
buildings, a certificate of occupancy shall be required for each separate
store, office or family unit.
Upon serving of notice by the zoning officer to the owner, of
any violation of any of the provisions of this chapter with respect
to any building or use thereof, or of the use of land, the certificate
of occupancy for such use shall be deemed to be invalid, and the owner
shall be subject to the penalties prescribed. The effective date of
such invalidation of the certificate of occupancy shall be the 10th
calendar day following the date of the zoning officer's notice of
violation. A new certificate of occupancy shall be required for any
further use of such land or building or structure.
No certificate of occupancy for any structure shall be issued until the owner shall have first submitted to the borough engineer for review and approval an "as-built" plan prepared by a New Jersey licensed surveyor. The fee for the review and approval of an as-built plan shall be as set forth in subsection 10A-4.4 of the Borough Land Use Procedures Ordinance.
d.
Prohibitions. In no case shall a building permit be granted for the
construction, reconstruction or alteration of a building, or change
in use nor a certificate of occupancy issued for any building which
would be in violation of any of the provisions of this chapter other
than by a written order of the planning board acting as the board
of adjustment or by a written order of the borough council upon the
recommendation of the planning board acting as the board of adjustment.
It shall be the duty of the zoning officer to keep a record
of all applications for zoning permits, a record of all zoning permits
issued and denied, a record of all certificates of occupancy issued
by the building inspector, together with notations of all special
or unusual conditions involved therewith. These records shall be dated
and numbered consecutively, safely secured in the municipal building,
and shall be made available by the zoning officer for public inspection
upon request.
The zoning officer shall prepare and submit to the borough council
monthly reports citing, for the period since his last report, all
applications received and his actions thereon, all certificates of
occupancy issued, all complaints of violations received, all notices
of violation issued by him and action taken by him consequent thereon.
A copy of such report shall be filed with the tax assessor, the secretary
of the zoning board of adjustment, and the secretary of the planning
board at the same time it is filed with the borough council.
[Ord. 217; Ord. 303; Ord. 331; Ord. 422; Ord.
479; Ord. 495; Ord. 679; Ord. No. 823]
For the purposes of this chapter, the borough is hereby divided
into the following zones:
|
Symbol
|
Name
|
|---|---|
|
R-75
|
Residence Zone
|
|
R-75P
|
Residence Zone
|
|
R-100
|
Residence Zone
|
|
B-R
|
Business Zone
|
|
S
|
Service Zone
|
|
M-H
|
Mixed Housing Zone
|
|
R-O
|
Residence-Office Zone
|
|
FP
|
Farm Preservation Zone
|
|
P
|
Public Zone
|
|
TR
|
Townhouse Residential Zone
|
The location and boundaries of all zone districts shall be as
shown on the zoning map of the borough, bearing the date, September,
2007, last revised pursuant to Ord. No. 823, which is attached to
and hereby made a part of this chapter and titled "Hopewell Borough
Zoning Map," Borough of Hopewell, Mercer County, New Jersey. The map
and all notations and references thereon are hereby incorporated into
and declared to be a part of this chapter.
The Zoning Map is included as an attachment to this chapter.
Zone boundary lines are intended to follow the centerline of
streets, railroad rights-of-way, streams, and recorded property lines,
except where indicated otherwise by dimension or other notation on
the zoning map of the borough.
Where zone boundaries are not fixed by dimension or other notation
and where they approximately follow property lines or other natural
features and do not scale more than 25 feet distant therefrom, such
property line or natural feature shall be deemed to be the location
of the zone boundary.
In unsubdivided land, where a zone boundary divides a property
and the location of such boundary is not fixed by dimensions or other
notation on the zoning map, then the location of such boundary shall
be determined by the board of adjustment through use of the graphic
scale appearing on the map.
a.
Ord. No. 823: Pursuant to N.J.S.A. 40A:12A-7, the plan prepared by
Banisch Associates, Inc., entitled "Redevelopment Plan for Lot 26
in Tax Block 11, Hopewell Borough, Mercer County, establishing the
'Townhouse Residential' Zone," dated June 2018, revised June 7, 2018
is hereby adopted as the redevelopment plan for Block 11, Lot 26,
also known as Van Doren Lumber.
[Ord. 340; Ord. 414; Ord. 632; Ord. 679]
The historic district zone is created to preserve the unique
cultural and architectural attributes of that district such as its
historical heritage, architectural distinction, visual attractiveness,
scale and character. All new construction, structural additions or
alterations should preserve these assets and should be compatible
with the visual character of the historic development.
The Historic District & Buffer Zone Map, dated February
19, 2004 which delineates those areas of the borough included in the
historic district zone and the historic district buffer zone and is
attached hereto, is incorporated into this section.[1]
[1]
Editor's Note: The Historic District Zone Map referred to herein is included as an attachment to this chapter.
Shall mean the destruction, removal, or relocation of part
or all of any dwelling or of any building or structure with a gross
floor area in excess of 100 square feet.
Shall mean that portion of the borough not located within
the historic district zone.
Shall mean any new structure or building consisting of one
or more dwelling units and/or any nonresidential development requiring
a building permit or any structure exceeding 45 feet in height.
a.
No building or structure shall hereafter be erected, reconstructed,
altered, restored or demolished within the historic district unless
or until an application for a building or demolition permit shall
have been approved as to exterior architectural features which are
subject to public view from a public street, way or place. Evidence
of such required approval shall be a certificate of appropriateness
issued by the planning board.
b.
Within the historic district zone buffer area, no new construction
shall hereafter be erected, and no demolition shall hereafter be undertaken,
unless or until an application for a building or demolition permit
shall have been approved as to its exterior architectural features.
Evidence of such required approval shall be a certificate of appropriateness
issued by the planning board.
a.
Applications for building or demolition permits within the historic
district which do not involve any erection, reconstruction, alteration,
restoration or demolition of the exterior architectural features of
buildings which are subject to public view from a public street, way
or place, are exempt from the requirements of this zone district.
b.
Applications for new construction building permits within the historic
district buffer zone area which do not involve exterior architectural
features are exempt from the requirements of this zone district.
a.
Applications for Development. The planning board and board of adjustment
shall make available to the historic preservation commission an informational
copy of every application submitted to either board for development
in the historic district zone, and an informational copy of every
new construction building permit application or for a demolition permit
application in the historic district zone buffer area, or on historic
sites designated on the zoning or official map or in any component
element of the master plan. Failure to make the informational copy
available shall not invalidate any hearing or proceeding. The historic
preservation commission may provide its advice which shall be conveyed
through its delegation of one of its members or staff to testify orally
at the hearing on the application and to explain any written report
which may have been submitted.
b.
Applications for Issuance of Permits Not Part of a Development Application.
1.
Upon receiving an application for a building or demolition permit in the historic district zone or for a building permit for new construction or for a demolition permit in the historic district zone buffer area, which is not part of an application for development, the construction official shall forward one copy thereof to the zoning officer who shall determine the eligibility of said application for exemption under subsection 12-10A.5, supra.
2.
Applications shall be submitted at least 14 days prior to a regularly
scheduled planning board meeting.
3.
If the application is not eligible for exemption, the zoning officer
shall so inform the applicant and shall require the submission of
architectural elevations of the proposed building, including existing
architectural elevations if an existing building is part of the application,
and the site plan submission documents required under the borough
site plan review ordinance.
4.
Upon receipt of the required documents, the zoning officer shall
rule on the completeness of the application and shall then forward
the complete application and architectural elevations to the historic
preservation commission. Incomplete applications shall be returned
to the applicant.
a.
The planning board shall pass only on exterior features of a site
and structure and shall not consider interior building arrangements,
nor shall it disapprove applications except in regard to considerations
as set forth herein.
b.
The planning board shall consider the comments of the historic preservation
commission, if provided. The commission's comments and recommendations
to the planning board shall be advisory only, and will not constitute
approval or disapproval of an application for development.
c.
The planning board, in reviewing the appropriateness of the site design and exterior architectural features, shall keep in mind the purposes set forth in subsection 12-10A.1, above, and the Hopewell Borough Design Standards as listed in the Visual Design Plan of the 2007 Hopewell Borough Master Plan, and shall consider among other things the general compatibility of exterior design, arrangement, texture and material of the building or structure in question and the relation of such factors to similar features of buildings and structures in the immediate surroundings, the position of such buildings or structures in relation to the street or public way and to other buildings and structures, and any other factor, including aesthetics, which it deems pertinent.
d.
The planning board shall disregard features out of public view. The
planning board shall make recommendations or requirements only for
the purpose of protecting and preserving the historic, cultural and
architectural aspects of the surroundings and the historic district.
e.
This section shall not apply to the selection of exterior colors,
nor will it require anyone to make repairs unrelated to the proposed
alteration.
f.
This section is intended to encourage that alterations to historic
structures be made in a compatible architectural style, and in such
a way as to avoid impairing a buildings' original appearance.
g.
The planning board shall encourage new construction to respect, in
its design and arrangement, the historic, cultural and architectural
character of the district and of surrounding existing development.
The planning board shall not mandate a particular architectural style
or design.
h.
The demolition of historic or architecturally significant structures
is discouraged, since demolition will architecturally impoverish the
borough and the neighborhood. Relocation of such historic structures
is encouraged as a final alternative to demolition.
i.
The planning board shall be reasonable in its consideration of plans
for alterations, additions, or demolition of structures, (located
within the historic district) which have little historic or architectural
significance unless such alterations, additions, or demolition would
seriously impair the visual character of the surrounding area.
j.
The planning board should be guided in its consideration of plans
for alterations, additions, or demolition of existing structures by
reports of the historic preservation commission using as the criteria
of evaluation those developed by the National Trust for Historic Preservation.
a.
Demolition or removal of an historic or architecturally significant
structure may be forbidden or postponed for up to six months from
date of public hearing of the application. The planning board shall,
during this hiatus, consult civic groups and public agencies to ascertain
how the borough may preserve the building and/or premises. The planning
board shall attempt with the owner to establish feasible plans for
preservation of structures where moving or demolition thereof would
be a great loss to the public and to the borough.
b.
When it is appropriate and expedient to move an historic or architecturally
significant structure to another site within the borough to preserve
it, upon approval of the relocation plans by the planning board, said
structure may be relocated providing it fulfills the area regulations
of said zone as to lot size, set back and yard area.
c.
The planning board shall issue a certificate of appropriateness upon
approval of the application. A building permit shall not be issued
until such certificate of appropriateness has been issued by the planning
board.
d.
In case of disapproval the planning board shall state its reasons
therefor in writing and may make recommendations to the applicant
with respect to appropriateness of design, arrangement, texture, materials
and the like, of the building or structure involved.
e.
Upon approval of the plans, the planning board shall cause a certificate
of appropriateness, dated and signed by the chairman, to be issued
to the applicant or affixed to the plans.
If the planning board shall fail to take action within 45 days of the finding by the zoning officer that an application for issuance of permits is not part of a development as described in subsection 12-10A.6, supra, the application shall be deemed to be approved, except where the applicant has consented to the extension of the time limit.
None required.
Fines and penalties for violations of any of the above subsections shall be in accordance with section 12-20 of the Hopewell Borough Zoning Ordinance of 1968 as amended.
[Ord. 217; Ord. 331; Ord. 334; Ord. 372; Ord.
391; Ord. 479; Ord. 495; Ord. 640; Ord. 679; Ord. No. 823]
The schedule of area, yard and building regulations, attached
and made a part of this chapter, sets forth the regulations of this
chapter with respect to minimum lot size, yard areas, maximum lot
coverage, maximum height and minimum floor area for each of the various
zones. Unless modified elsewhere in this chapter, such standards shall
be deemed to be the minimum requirements or maximum intensity permitted
in each of the several zones.
[1]
Editor's Note: The schedule referred to herein is included as an attachment to this chapter.
[Ord. 217; Ord. 303; Ord. 331; Ord. 480; Ord.
608; Ord. 610; Ord. 679]
a.
One-family dwellings.
b.
Duplex dwellings.
c.
Rented rooms-one rented room per dwelling unit.
d.
Churches and similar places of worship, parish houses, convents,
cemeteries and other such facilities of recognized religious groups.
e.
Noncommercial parks, playground and recreational areas, municipal
parks, playgrounds and buildings.
f.
Pursuant to N.J.S.A. 40:55D-66.1 and N.J.S.A. 40:55D-66.2, community
residences for the developmentally disabled, community shelters for
victims of domestic violence, community residences for the terminally
ill and community residences for persons with head injuries, subject
to the same requirements applicable to single-family dwelling units
located within the district.
a.
Private garages.
b.
Normal residential storage structures not in excess of 100 square
feet of floor area.
c.
Animal shelters for domestic pets not in excess of 50 square feet
of floor area.
d.
Other normal residential structures such as swimming pools, barbecues,
and trellises.
e.
Off-street parking areas.
(See also section 12-18)
a.
Off-street parking space together with appropriate access thereto
shall be provided on the same property as it is intended to serve
in accordance with the following minimum standards:
1.
Dwellings. Two spaces for each dwelling unit of the family type and
one for each rented room. This space requirement may be reduced by
the number of spaces provided in private garages. Driveways may be
used as required parking spaces for single-family dwellings.
2.
Churches and Other Public Meeting Places. One space for each four
seats.
3.
Other Public Buildings. One space for each 400 square feet of total
floor area.
4.
Noncommercial Parks, Playgrounds, and Recreation Areas. Two spaces
for each acre devoted to such use.
b.
Churches and other such uses shall provide a minimum lot area of
three acres.
[Ord. 217; Ord. 303; Ord. 331; Ord. 610]
a.
One-family dwellings.
b.
Churches and similar places of worship, parish houses, convents,
cemeteries and other such facilities of recognized religious groups.
c.
Noncommercial parks, playground or recreational areas, municipal
parks, playgrounds and buildings.
d.
Farms, except livestock and poultry, but including horticultural
uses and greenhouses.
e.
Pursuant to N.J.S.A. 40:55D-66.1 and N.J.S.A. 40:55D-66.2, community
residences for the developmentally disabled, community shelters for
victims of domestic violence, community residences for the terminally
ill and community residences for persons with head injuries, subject
to the same requirements applicable to single-family dwelling units
located within the district.
All secondary uses permitted in the R-75 Zone.
The same additional provisions and requirements as given for
the R-75 zone shall apply.
[Ord. 273; Ord. 578; Ord. 608; Ord. 679]
All secondary uses permitted in the R-75P zone.
The same additional provisions and requirements as given for
the R-75P zone shall apply.
a.
Application. In the case of cluster residential developments, the
provisions of the appended Schedule of Area, Yard and Building Requirements
may be modified in accordance with the provisions below listed.
1.
Lot areas of individual lots may be reduced to not less than 11,250
square feet for interior lots and 13,500 square feet for corner lots
provided that:
(a)
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 section, shall be devoted instead to the contiguous common
open space.
(b)
The contiguous common open space so provided shall be not less
than three acres in area.
(c)
The average lot area shall be not less than the minimum lot
area otherwise required by the Schedule of Requirements for the zone
district in which the development is located.
2.
If lot areas are reduced in accordance with paragraph a.1 above then
the provisions of the Schedule of Requirements for minimum yard sizes,
minimum lot width, and maximum percent of lot coverage, for the R-75
zone shall apply.
b.
Definitions. As used in subsection 12-14.5, the following definitions shall apply:
1.
Cluster Residential Development. Any major subdivision in the R-100
zone employing the reduction in lot area provisions of paragraph 12-14.5a.1,
and approved as a cluster subdivision by the planning board under
the provisions of the land subdivision ordinance of the borough.
2.
Common Open Space. The land set aside within a cluster subdivision
which shall be preserved as open space and for open space uses only.
3.
Open Space Uses. Any use of common open space for park or open unroofed
recreational purposes, conservation of land or other natural resources,
or historic or scenic purposes.
4.
Average Lot Area. Sum of the area of all house lots together with
the area of all lots to be devoted to common open space, exclusive
of streets, divided by the total number of house lots.
[Ord. 331]
a.
Individual uses already in existence in this zone, at the date of
passage of this section, shall be considered permitted uses in this
zone, but shall conform to all other requirements of this zone. Upon
passage of this section, the zoning officer shall make a determination
as to the use of each parcel and building in this zone. Each use shall
be assigned an appropriate general use category (residential, business,
industrial, public and institutional) and sub-category (single-family,
two-family, etc.; retail, service, etc.; manufacturing, warehousing,
etc.; church, park, etc.). The zoning officer shall maintain a record
of such uses and no change of use, under this section, from the existing
general use category or sub-category shall be permitted except to
a permitted use in this zone.
b.
All primary uses permitted in the R-75 zone.
c.
Professional and business offices.
a.
The off-street parking standards in residential, business, and industrial
zones in this chapter shall apply, as appropriate, to all uses in
this zone.
[Ord. 422; Ord. 679]
[1]
Editor's Note: Former section 12-14B, R-R Railroad Station
Zone, previously codified herein, was repealed in its entirety by
Ordinance No. 679.
[Ord. 479; Ord. 679]
[1]
Editor's Note: Former section 12-14C, TH Townhouse Zone, previously
codified herein, was repealed in its entirety by Ordinance No. 679.
[Ord. 495; Ord. 679]
It shall be the purpose of this zone district to provide development
standards that will help insure a harmonious mix of existing and future
nonresidential and residential uses in a limited area of the borough.
a.
Offices for professional, executive, engineering and administrative
purposes.
b.
Scientific or research laboratories devoted to research, design or
experimentation and processing and fabricating incidental thereto.
c.
The warehousing or storage of goods and products such as building
materials, farm supplies, and the like which may be sold from the
premises to the general public.
d.
Special merchandise retail establishments are permitted which are
primarily intended to serve an area beyond the confines of the borough
and its immediate environs, and which are limited to the following:
1.
Antique shops, art supply shops, craft shops, gift shops, and other
retail establishments which offer a similar range of merchandise.
2.
Lumber yards and hardware stores.
3.
Food and liquor stores, drug stores, clothing stores, and general
merchandise stores and similar types of retail establishments are
not included in this permitted category.
e.
Residential uses as permitted in, and in accordance with, the requirements
of the R-75 zone district.
f.
Municipal parks, playgrounds and buildings.
[Added 9-8-2022 by Ord. No. 859]
[1]
Editor's Note: Former subsection 12-14D.4, Townhouse Development
Standards, previously codified herein, was repealed in its entirety
by Ordinance No. 679.
The following uses are specifically prohibited in this zone:
a.
The open storage of two or more unregistered or unlicensed motor
vehicles or material which has been a part of any motor vehicle.
b.
Incineration, reduction, storage or dumping of refuse, rancid fats,
or garbage.
c.
Sales of new or used motor vehicles and motor vehicle service stations.
d.
Fuel oil depots and automobile repair shops.
a.
Parking requirements.
2.
Nonresidential uses:
(a)
One off-street parking space shall be provided for each employee
on the maximum work shift or one space for each 300 square feet of
total floor area, whichever is greater.
(b)
Each use located in this zone shall provide truck loading and
unloading space and adequate access thereto, if required, on the same
lot and in other than the required front yard so as to permit the
transfer of goods in other than a public street.
(c)
Parking and loading areas may be located in side and rear yards
only.
c.
Outdoor Storage Requirements.
[Ord. 217; Ord. 227; Ord. 303; Ord. 331; Ord.
334; Ord. 480; Ord. 597; Ord. 608; Ord. 705; Ord. 744]
a.
Apartment dwellings and rented rooms and all primary uses permitted
in the R-75 residential zone.
b.
Retail business establishments such as the following:
1.
Stores selling groceries, specialty foods, meats, baked goods and
other such food items;
2.
Drug and pharmaceutical stores;
3.
Stationery, tobacco and newspaper stores, luncheonettes and confectionery
stores;
4.
Package liquor stores and taverns;
5.
Antique and general merchandise stores;
6.
Hardware, appliance, furniture and electronic stores;
7.
Clothing, accessory and jewelry stores;
8.
Automotive dealers and auto supply stores, provided that all sales are conducted within an enclosed building and that no auto service facilities are provided unless approved as a motor vehicle service establishment pursuant to subsection 12-15.3b;
9.
Restaurants, tea rooms and coffee shops; and
10.
Art galleries and art studios, book stores, card and gift shops and
florists.
c.
Personal service establishments which are primarily engaged in providing
services involving the care of a person or his or her personal needs
or apparel, such as the following:
d.
Other business establishments, such as the following:
1.
Horticultural uses including greenhouses when operated in conjunction
with a retail business establishment of the type permitted by paragraph
b above.
2.
Business and professional offices, banks and financial institutions (see subsection 12-4.12 for definition of business office);
3.
Commercial schools, conducted for profit; and
4.
Theaters and similar places of public assembly.
a.
Off-street parking facilities for the use of customers and employees.
b.
Private garage space for the storage of commercial vehicles used
in conjunction with a permitted business use.
(See section 12-18).
a.
Truck loading and unloading facilities and space, and adequate access
thereto, shall be provided on the property in other than the front
yard area in sufficient amount to permit the transfer of goods in
other than a public street.
b.
Off-street parking facilities shall not be located within 20 feet
of the boundary of a residential zone unless screened by a solid fence
and a landscape buffer of at least 10 feet in depth.
Off-street parking facilities shall be located at the rear or
side of buildings; parking areas in excess of 20 cars shall contain
internal landscaping, including at least one tree per four spaces
and designated pedestrian walkways.
c.
As a minimum, the uses enumerated below shall provide the specified
number of parking spaces with suitable means for ingress and egress:
1.
Dwellings. Two spaces for each dwelling unit of the family type and
one for each rented room. This space requirement may be reduced by
the number of spaces provided in private garages. Driveways may be
used as required parking spaces for single-family dwellings.
2.
Churches and Other Similar Public Meeting Places. One space for each
four seats.
3.
Club Houses. One space for each two members.
4.
Other Public Buildings. One space for each 400 square feet of total
floor area.
5.
(Reserved)
6.
Residential Professional Offices. One space for each 100 square feet
of total floor area devoted to such use, but in no case less than
three such spaces in addition to the spaces required for the dwelling.
7.
Retail Business or Personal Service Establishment. One space for
each 200 square feet of total floor area in excess of 1,400 square
feet of total floor area devoted to such use. In the case of several
such uses sharing a common parking area, such multiple uses shall
be considered a single use for the purpose of determining parking
need.
8.
Theaters and Other Places of Public Assembly. Theaters and other
similar places of public assembly shall provide off-street parking
at the rate of one space for each three seats plus one space for each
employee.
9.
Business and Professional Offices, Banks and Financial Institutions.
One space for each 250 square feet of total floor area.
10.
Off-Street Parking Requirements for a Combination of Uses in the
Same Structure or Related Structures. The parking requirements for
each use shall be computed separately and then added together to determine
the total number of required spaces. In all questionable cases, or
for uses not enumerated, the planning board shall determine the required
number of spaces, utilizing as a guide the requirements for the uses
which are specifically enumerated.
[1]
Editor's Note: Former subsection 12-15.5, Maximum Store Size,
previously codified herein, was repealed 11-3-2022 by Ord. No. 862.
[Ord. 679]
[1]
Editor's Note: Former section 12-16, M-R, Industrial Zone,
previously codified herein and containing portions of Ordinance No.
217, was repealed in its entirety by Ordinance No. 679.
It shall be the purpose of this zone district to identify those
areas in the borough that have been designated for farm preservation
under any borough, county, or state program that limits the use of
land in such areas for agricultural purposes and related accessory
uses as permitted in the zone district.
Permitted uses are limited to such uses authorized by the farmland
preservation program that designated the parcels in the zone district
for such purposes.
Area, yard and building regulations, and off-street parking
requirements in the FP zone district shall be the same as those required
in the R-100 residence zone.
[Ord. 679]
It shall be the purpose of this zone district to identify those
areas in the borough that are in public ownership (borough, county,
state or federal) and those areas owned by private, nonprofit organizations
that provide public service to the borough.
These requirements shall be the same as those provided in the
R-75 residence zone.
[Ord. 303; Ord. 331; Ord. 391; Ord. 408]
It shall be the purpose of this zone district to provide housing
standards which will encourage a mixture of dwelling unit types, sizes
and cost levels at a density compatible with surrounding development
and designed to relate favorably to the physical, social and aesthetic
character of the borough; and to encourage imaginative planning and
design techniques appropriate for the special features of the land
in the zone.
a.
MIXED HOUSING DEVELOPMENT - A housing development consisting of single-family
detached dwelling units and a maximum of one-third townhouse dwelling
units, and conforming to the appropriate development standards of
this zone district.
b.
TOWNHOUSE - One dwelling unit in a line of at least three but no
more than eight connected dwelling units where each dwelling unit
is compatibly designed in relation to all other units, but is distinct
by such design features as width, setback, roof design, color, exterior
materials, fenestration and other features, singularly or in combination.
Each dwelling unit may have up to two and one-half stories but nothing
in this definition shall be construed to allow one unit over another.
All secondary uses permitted in the R-100 zone.
a.
All mixed housing developments shall include both townhouse units
and single-family detached units at a gross density of not more than
three units per acre.
b.
Single-family detached units not part of a mixed housing development
shall conform to the density requirements of the R-100 zone district.
a.
Mixed Housing Developments.
1.
Minimum lot size for a mixed housing development shall be 10 acres. The lot size of each parcel within a mixed housing development shall be determined under subsection 12-17.8b below.
2.
Minimum depth for all yards on the border of a mixed housing development shall be 30 feet, except that where adjacent to a public street the depth shall be 40 feet. The yard requirements for each parcel within a mixed housing development shall be determined under subsection 12-17.8b, below.
3.
Maximum lot coverage, as to each single family detached dwelling
unit lot and collectively in total as to all improvements in the entire
development, shall be 35%.
4.
No building shall exceed 35 feet or two and one-half stories in height.
5.
All mixed housing developments shall have two means of access to
a public street. In those instances in which mixed housing development
streets connect to existing improved borough streets, the new street
shall maintain the scale and character of the existing street in terms
of paving width, curbing and sidewalk type and location, street trees,
etc.
6.
Floor Area ratio requirements shall be as follows:
|
Townhouse unit lot
|
0.50
|
|
Duplex unit lot
|
0.30
|
|
One-family attached unit lot
|
0.24
|
a.
Nonresidential Uses. As required in zone district R-75.
b.
Residential Uses.
1.
Two spaces for each dwelling unit with three or more bedrooms.
2.
One and three-quarters spaces for each dwelling unit with two bedrooms.
3.
One and one-half spaces for each dwelling unit with one bedroom or
less.
4.
Off-street parking areas shall not exceed 20% of total lot area.
5.
Parking in any required yard area shall be prohibited.
a.
Recreation space shall be provided at the rate of 400 square feet
or area for each dwelling unit and recreation areas shall be built
and equipped with suitable facilities for all resident age groups.
b.
Development proposals shall be subject to the site plan review requirements of Chapter 13 and planning board findings shall be in accordance with R.S. 40:55D-45.
c.
All dwelling units shall be connected to and adequately served by
approved public water, public sewerage and drainage systems.
d.
All streets, both internal and external driveways, parking areas,
sidewalks, curbs, gutters, street lighting, shade trees, water mains,
water systems, culverts, storm sewers, sanitary sewers, pumping stations,
retention ponds and such other improvements which may be found to
be necessary in the public interest shall be installed at the expense
of the developer and shall be completed to the satisfaction of the
planning board before a certificate of occupancy may be issued. In
lieu of total completion of the above, a performance bond may be accepted.
e.
In any development which proposes a homeowner's association, or other
form of residents' organization for the ownership, maintenance, and
for the preservation of common open spaces or recreational areas or
other facilities, such organization shall be established before the
sale or rental of any dwelling units. The form of such organization
shall be subject to the review and approval of the borough attorney
and his review shall be guided by the standards of R.S. 40:55D-43.
[Ord. 480; Ord. 491; Ord. 645; Ord. 728]
The purpose of this section is to specify and regulate signage
for appropriate advertising and communication purposes that will not,
by reason of size, location, design, construction or manner of display,
endanger the public safety of individuals; confuse, mislead, distract
or obstruct the vision necessary for traffic safety; create visually
or aesthetically undesirable land uses; or otherwise endanger the
public health, safety, welfare or morals of residents or travelers
of the Borough of Hopewell.
As used in this section, the following terms shall have the
meanings indicated:
Shall mean the Planning Board, Zoning Board of Adjustment
or Zoning Officer of the Borough of Hopewell.
Shall mean any sign or message that is mounted, painted or
otherwise attached to an awning or other window or door covering that
is permitted by the Borough of Hopewell Zoning Ordinance.
Shall mean 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.
Shall mean any portion of a sign structure intended to improve
the physical appearance of a sign, including roofs, molding, lattice
and other decorative features.
Shall mean a sign or plate listing tenants or occupants of
a building and which may indicate their respective professions or
business activities.
Shall mean the total wall surface, including door and window
area, of a building's principal face. In computing the permitted sign
area, only one face of a building may be used as the principal face.
Shall mean an illuminated sign in which the artificial light
is intermittent or is not maintained in a stationary position or constant
intensity. Signs lit by means, such as neon, LED or other such technology
that flash or strobe.
Shall mean any sign or display not affixed to a building.
Shall mean a freestanding sign which is supported by one
or more poles or braces or by a base that is in contact with the ground.
Shall mean a sign lighted by an exterior or interior artificial
light source.
Shall mean any inflated display used on a permanent or temporary
basis to advertise a product or event. Inflatable signs shall include
all manner of balloons used for any display purpose.
Shall mean a sign designed so that characters, letters, illustrations
or other graphics may be changed or rearranged without altering the
background face or surface and designed for temporary or permanent
display as a freestanding sign located along a public roadway.
Shall mean any use of unshielded lights used individually
or in strings to attract the attention of the general public.
Shall mean a ground sign, located at specified intersections
or locations along Broad Street, providing direction to nonresidential
uses which are located within the Borough but are not clearly visible
from Broad Street.
Shall mean a sign which is not permanently attached to the
ground or other permanent structure, and can be easily transported,
such as signs transported on wheels or sandwich board signs.
Shall mean a sign which is used to advertise any real property
for sale, lease or rental purposes, including all temporary signs
located on the property of a real estate office, and off-site directional
signs used for open house advertising.
Shall mean a sign or nameplate indicating the name or address
or both, of the occupants of a residential property.
Shall mean a sign erected above or on the roof of a building
any part of which extends more than six inches above the facade of
the building.
Shall mean any use of any lighting technology intended to
attract the general public by the waving or moving of light beams.
Shall mean a hanging unlit sign that is either wholly or
partially attached to a principal building.
Shall mean any temporary freestanding display located on
the sidewalk or sidewalk area adjacent to a public roadway or storefront.
Shall mean every sign, including but not limited to every
ground sign, roof sign, shingle sign, canopy sign, wall sign, window
sign, illuminated sign and temporary sign, and including any visual
display, flag or banner, used to identify or draw the attention of
the public to any use, building, organization, business, product,
individual or service when the same is placed so that it is clearly
visible from any area open to the public.
Shall mean the total square foot content of the background
upon which the lettering or display is presented. If there is no background,
the sign area shall be computed as the product of the largest horizontal
width and the largest vertical height of the lettering or display.
This shall not be construed to include support or design enhancement
features of any sign which are used solely for such purpose. For signs
with two display faces, the maximum area requirement shall be permitted
on each side.
Shall mean the vertical distance from the point of contact
with the ground to the highest level of any portion of the sign, including
support and design enhancement features.
Shall mean any portion of a sign structure designed to elevate,
suspend, anchor, brace or hold a sign or design enhancement feature.
Shall mean any sign or advertising display constructed of
cloth, canvas, fabric, plywood or other lightweight material and designed
or intended to be displayed for a short period of time.
Shall mean the use for advertising purposes of any vehicle
not involved in the transportation needs of the business advertised.
Shall mean any sign, display or other graphic attached to
or integrated with a coin operated machine dispensing food, beverages,
reading material, or other products.
Shall mean any 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.
Shall mean a sign maintained in or painted upon a window
or door which is clearly visible to the general public from any area
open to the public.
No sign shall be altered, erected or maintained except in conformity
with the provisions of this section.
a.
No sign shall be placed in such a position that it will cause confusion
or danger to street traffic by obscuring vision or by simulating official,
directional or warning signs maintained by any governmental body,
railroad or public utility.
b.
No sign visible from the public right-of-way shall use an arrow device
or simulate a stop sign or stop light. No sign shall be placed in
any sight triangle easement required by the Borough of Hopewell.
c.
No sign shall be erected within or over the right-of-way of any street
unless authorized by this or other ordinances of the Borough of Hopewell.
d.
No sign shall be permitted for a use no longer in existence or a
product no longer available and shall be removed within three weeks
from the date the use is discontinued or the products no longer available.
Violation of this paragraph is subject to fine plus the cost of removal.
e.
No sign shall be permitted which is not accessory to the business
or use conducted on the property.
f.
No permanent sign shall be attached to trees, fence posts, stumps,
utility poles, bridges, rocks or like features not considered to be
advertising supports.
g.
No sign shall be lighted by using unshielded bulbs or neon tubes,
light-emitting diode (LED), mirrors reflecting a direct light source
or similar devices.
h.
No bench signs, roof signs, naked light displays, tubing or strings
of lights for advertising purposes, vehicle advertising signs, rotating
signs, live action signs, flashing signs, search light displays and
animated or moving signs of any kind are permitted.
i.
Banners, spinners, flags, pennants, streamers and other moving objects, and inflatable signs used for advertising purposes, whether containing a message or not, are prohibited unless authorized under subsection 12-17A.6e (Temporary Sign) or otherwise conforming to this section.
j.
Portable signs, including marquee and sidewalk signs are prohibited
except where permitted by other provisions of this section.
The following types of signs are permitted in all areas of the
Borough:
a.
Interior signs which do not attract the attention of the public from
a public right-of-way or an adjoining property.
b.
Official notices, legal notices and signs required by law.
c.
Public service signs as aids to safety or service.
d.
Flags, emblems or other insignia of a nation, state, county, municipality,
school, business or religious group, provided that no more than one
flag, emblem or insignia shall be permitted for each governmental
entity, school, business or religious group. No more than three flags
or similar displays shall be permitted for each business or use.
e.
Wall signs for recognized nonprofit service organizations. Such signs
shall not exceed nine square feet in area.
f.
Residence designation signs and historic plaques not exceeding one-half
square foot in area.
g.
Signs indicating the private nature of a road, driveway or other
premises, such as guiding internal traffic patterns, and signs controlling
the use of private property such as the prohibition of hunting or
fishing provided there contains no advertising matter or messages.
h.
A single wall sign indicating a permitted home occupation or home
professional office, not exceeding 1 1/2 square feet in area,
and not projecting more than three feet from the building facade.
i.
A single ground sign for private clubs, private recreational facilities
and multi-family residential structures in excess of 50 units. Such
a sign shall not exceed six feet in height nor four square feet in
area.
In zones R-O, B-R and S, the following signs shall be permitted
in addition to those permitted in all zones:
a.
Each structure is permitted a total of 50 square feet of combined sign area, limited to a maximum of three total signs in accordance to the provisions set forth below (subsection 12-17A.5,a, 1-9):
1.
Wall Sign. 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
purpose of calculating permitted sign area.
2.
Wall Sign - Corner. Corner uses may have a second wall sign, provided
that such sign is located on the secondary street facade and does
not exceed an area equal to one-half of the area of the primary street
facade wall sign, or 25 feet, whichever is smaller.
3.
Directory of Occupants Sign. Each multi-occupancy structure may display
one directory-of-occupants sign not exceeding eight square feet in
area, providing that the directory is located within a side or rear
yard and providing the property contains five or more tenants.
4.
Shingle Sign. One shingle sign not exceeding six square feet in area
is permitted for each use provided the permitted wall sign area is
reduced by the size of the shingle sign.
5.
Awning and Window Signs. Awning and window signs are permitted provided the total area of said signs is consistent with the provisions of paragraph subsection 12-17A.5a. The area of signs shall be calculated by multiplying the largest horizontal and vertical dimensions of any lettering, display or graphic.
6.
Ground Sign. The following restrictions shall apply:
(a)
Only one ground sign shall be permitted on any single lot, regardless
of the number of establishments on the property,
(b)
Corner uses may have a second ground sign, provided that such
sign is located on the secondary street frontage and does not exceed
an area equal to one-half of the area of the primary ground sign.
(c)
Size. The area of freestanding signs is limited as follows:
(1)
Signs may not exceed 12 square feet.
(2)
No part of the sign shall be permitted to protrude more than
one foot from either side of the surface on the sign;
(3)
If more than one business is located
on a lot, the sign area permitted shall be as follows:
[a]
The single freestanding sign may be a directory
sign with a total area as regulated in subsection 17A.5a,3 above or,
if that does not accommodate a minimum of one square foot panel for
each tenant, a sign area sufficient to do so shall be allowed; or
[b]
The single freestanding sign may identify the building
or the primary occupant and a nonilluminated directory sign not exceeding
one square foot per tenant may be permitted on the ground floor facade.
(d)
Height. The height of a freestanding sign shall not exceed seven
feet. Height shall be computed as the distance from the base of the
sign at normal grade to the top of the highest attached component
of the sign. Normal grade shall be construed to be the lower of the
existing grade prior to construction or the newly established grade
after construction, exclusive of any filling, berming, mounding, or
excavation solely for the purpose of locating the sign.
(e)
Location. The sign shall be at least five feet from any property
line and no case closer than three feet from the sidewalk.
7.
Off-Broad Street Directional Signs. Off-Broad Street directional
signs, installed and maintained by the Hopewell Business Association
(HBA), or other organization as authorized by the planning board,
shall be permitted in accordance with the following standards, regulations
and procedures:
(a)
Such signs shall be nonilluminated painted or engraved wood
single pole ground signs, subject to size and design specifications
approved by the planning board. However, no sign shall exceed seven
feet in height nor eight square feet in area.
(b)
Authorized sign locations are the following intersections or
locations along Broad Street: Mercer Street, Greenwood Avenue, Blackwell
Avenue, Seminary Avenue, Hamilton Avenue, Princeton Avenue, Hopewell
Village Square.
(c)
Signs shall be located within street rights-of-way, unless permission
for location on private property is obtained by the HBA. Signs shall
not be located within any street intersection sight triangles and
shall not otherwise interfere with traffic visibility. All specific
sign locations shall be approved by the borough engineer.
(d)
Any fees charged by the HBA for the cost and maintenance of
such signs shall be subject to Borough Council approval.
8.
Gasoline Service Station Sign. Gasoline service stations may display,
in addition, the following signs:
(a)
One ground sign not exceeding 16 square feet in area and not
exceeding 15 feet in height.
(b)
Two temporary nonilluminated signs advertising special seasonal
services, provided said signs each do not exceed nine square feet
in area.
(c)
Customary lettering or other insignia which constitutes a structural
or functional part of a fuel pump.
(d)
One nonilluminated sign indicating gasoline price information,
provided that said sign does not exceed 20 square feet in area or
six feet in height.
(e)
Internally lighted signs shall provide no more than 1.0 foot-candles
when measured two feet from any sign surface. 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 may require submission of a sample
of the material to be used for any sign.
9.
Vending Machine Signs. Where attached to coin operated vending machines
located in conformance with the Borough Code, vending machine signs
shall be permitted in all nonresidential zones; however, all such
signs located within the front yard of a use and exceeding one square
foot in area shall subtract the aggregate vending machine sign area
in excess of one square foot from the permitted sign area for wall,
ground or other permitted sign types.
The following temporary signs are permitted in all areas. In
no case may a temporary sign be illuminated.
a.
Real Estate Sign. Real estate signs advertising the sale or rental
of the premises or property upon which they are located. Such signs
shall be removed within seven days of the completion of sale or rental
transaction and shall be restricted in size and number as follows:
1.
Residential properties shall not display more than one real estate
sign, not more than six square feet in area, except that a corner
property or through lot may display one such sign on each street frontage.
2.
Nonresidential property shall not display more than one real estate
sign, not more than 12 square feet in area, except that a corner property
or through lot may display one such sign on each street frontage.
3.
All real estate signs shall be located not less than 10 feet from
any street curb or paved roadway area, and shall not be located within
any intersection sight triangle.
b.
Contractor Sign. Contractor signs are permitted on construction sites
and shall not exceed six feet in height nor 12 square feet in area.
They shall be removed within 14 days after the completion of the construction
work, or upon request for the issuance of a certificate of occupancy.
Not more than one sign shall be located on each street frontage.
c.
Campaign Sign. Campaign signs announcing or advertising any political,
educational, charitable, civic, professional, religious or like campaign
or event are permitted. Such signs shall not be permitted for a continuous
period exceeding 31 days in any calendar year, shall not exceed 12
square feet in area and shall be removed within 48 hours of the conclusion
of the campaign or event.
d.
Personal Property Sale Sign. Announcements of the sale of an individual's
personal property. Such signs shall not exceed six square feet in
area and shall not be displayed for a total period exceeding 31 days
in any calendar year.
e.
Signs, Banners, Pennants. Signs, banners, pennants and similar attention
getting devices may be permitted to advertise special events including
but not limited to grand openings, special sales, and promotion of
seasonal events or products provided the following procedure is followed:
1.
Signs, banners and pennants shall not exceed 20 square feet in area.
2.
Application shall be made to the zoning officer on forms provided
for that purpose. The form will indicate the regulations for such
signs. No application fee will be required.
3.
The zoning officer will review completed forms and advise the applicant
within seven days of permit application approval or denial.
4.
Such sign displays shall be removed within the time period authorized
in the application form.
5.
No use shall be permitted more than three such applications in any
calendar year.
f.
Window Sign. Window signs located and displayed on the inside of
windows of business uses. Such signs shall not exceed 20% of the gross
area of the window and shall not be displayed for more than 10 days
in any thirty-day period.
g.
Sidewalk Sign. Each permitted retail use in the B-R zone that has
ground level frontage on a public right-of-way may display a single
portable, sidewalk sign, provided the following regulations and standards
are met:
1.
Sign shall be elevated from the ground using one or more supports.
2.
Sign shall be placed in front of the commercial use and shall not
block any entranceway.
3.
Sign size shall either not exceed eight square feet in area or not
exceed four feet in height and two feet in width. If a sign is two-sided,
only one side shall be used for the purpose of calculating the permitted
sign area.
4.
Sign may be displayed only during hours of the commercial use's operation.
5.
Sign shall not be located in any sight triangle and shall not obstruct
pedestrian traffic.
6.
Sign material shall be wood, slate, board and/or finished metal and
shall not be illuminated.
The following design standards shall apply to all signs:
a.
The use of professionally lettered and painted wood signs, in a size
and style as well as color and shape that will maintain the historic
quality and dignity of the borough, shall be encouraged.
b.
All signs, other than permitted temporary signs, shall be constructed
of durable materials and shall be adequately maintained. 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. Any sign
which fails to meet the maintenance provisions of this section shall
be repaired or removed within 30 days of receipt of written notification
from the zoning officer.
c.
The contents of any permanent 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.
d.
Ground signs shall be supported by one or more columns or uprights
which are firmly embedded in the ground. Exposed guide wires, chains,
piping or similar connections shall not be used to support any ground
sign. Ground signs shall not be located in any sight triangle and
shall not obstruct pedestrian traffic.
e.
The total area of all columns, roofs, beams, bases and other design
features used to support or enhance 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 enhancement features shall be considered
the product of 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.
f.
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.
g.
Where possible, signs shall be aligned with other signs on adjacent
buildings and storefronts. If several establishments share a common
building frontage, use of a common sign format shall be encouraged.
h.
New sign plans for existing development shall recognize the provisions
of this section relating to nonconforming signs and shall consolidate
and improve existing signs whenever possible. All changes to existing
signs shall conform to all applicable provisions of this section.
i.
Sign lighting shall be arranged to reflect light and glare away from
adjoining properties and public ways using shielded light fixtures.
j.
External ground lighting of signs shall be landscaped with evergreen
plantings and shall provide no more than two 150 watt spotlights per
sign. All lighted signs shall provide automatic shut-off devices that
discontinue sign lighting after 10:00 p.m., or one-half hour after
business closing, whichever is later.
k.
All illuminated signs shall be either indirectly lighted or of the
diffused lighting type. Ground signs, if illuminated, shall be illuminated
by an exterior source only.
l.
Signs not specifically permitted by the provisions of this section
are prohibited.
All existing signs must comply with all provisions of this section
except as follows:
a.
Nonconforming temporary signs may continue to be displayed for a
period not to exceed 120 days from the effective date of this section.
b.
Notwithstanding the provisions of paragraph a above, the following
nonconforming signs shall be removed within 30 days, or as otherwise
indicated, from the effective date of this section, and any replacement
signs shall comply with all provisions of this section.
1.
Signs advertising a discontinued use or product no longer available.
2.
Signs not maintained in a safe, sound and good condition as specified
herein.
3.
Signs which have suffered damage or are in disrepair so that they
require reconstruction or extensive repair.
4.
All signs in excess of the number of signs allowed for a permitted
use or group of permitted uses in any given zone shall be removed
within 90 days from the effective date of this section.
c.
Notwithstanding the provisions of paragraphs a and b above, any nonconforming
sign related to or advertising any use, tenant or occupant, shall
be removed upon a change of use, tenant or occupant, and any replacement
sign or signs shall conform to all provisions of this section.
d.
In the case of signs and advertising structures relating to nonconforming
uses (uses located in a zone where such uses are not permitted by
the Zoning Ordinance), the zoning officer shall make a determination
of the zone where such use would be permitted and shall then apply
the standards and requirements of the section for that zone.
A permit shall be secured from the zoning officer for the erection,
or change in location of any conforming permanent sign other than
an exempt sign. A permit shall be secured from the zoning officer
for the erection of any temporary sign other than an exempt sign.
The provisions of this section shall be enforced by the zoning officer.
If the zoning officer shall find that any of the provisions of this
section are being violated, he shall notify in writing the person
responsible for such violation, indicating the nature of the violation
and ordering the action necessary to correct it. This action may include
removal or alteration of illegal signs or discontinuance of any illegal
work being done, or other action to ensure compliance with or to prevent
violation of its provisions, illegal signs erected upon public property
may be removed by the zoning officer.
a.
It shall be unlawful to erect, maintain or display a new sign or
an addition to an existing sign without first obtaining a permit from
the zoning officer, based upon an application in writing, except as
specifically set forth herein.
b.
Signs in violation shall be removed within 24 hours. Thereafter,
each day that such violation exists shall constitute a penalty of
$25 per day for the first 30 days and $500 per day for every day the
violation existing thereafter.
d.
Application fees. Application for new signs shall be $50.
The provisions of this section shall be subject to the jurisdiction
of the planning board and zoning board of adjustment pursuant to N.J.S.A.
40:55D-60 and 40:55D-70.
[Ord. 608]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean any personal wireless service as defined in the
Federal Telecommunications Act of 1996 ("FTA"); i.e., FCC-licensed
commercial wireless telecommunication services, including cellular,
PCS, SMR, ESMR, paging, and similar services that currently exist
or that may in the future be developed. "Wireless communications"
does not include any amateur radio facility that is under 70 feet
in height and is owned and operated only by a federally licensed amateur
radio station operator or is used exclusively to receive transmissions,
nor does it include any parabolic satellite antennas, nor does it
include nonwireless telephone service.
Shall mean any device which is used for the transmission
and reception of wave frequencies for the purpose of any wireless
communication as defined hereinabove. For the purposes of this section,
wireless communication antennas shall not be considered to be a public
utility.
Shall mean a free-standing monopole structure on which one
or more antennas are attached, but shall not mean existing structures
such as silos, steeples, cupolas or water tanks.
It is the overall purpose of this section to provide specific
zoning conditions, standards and limitations for the location, approval
and operation of wireless communication antennas within the Borough
of Hopewell that recognize the need to safeguard the public good,
health, safety and welfare and preserve the intent and the purposes
of the Hopewell Borough master plan and zoning ordinance.
It is understood by the Borough of Hopewell that the federal
government, through the Federal Communications Commission (FCC), issues
licenses for wireless communications, and that the FCC requires the
license holders to provide coverage within the areas so licensed.
However, it also is understood by the Borough of Hopewell that
the Federal Telecommunications Act of 1996 ("FTA") expressly preserves
the zoning authority of the borough to regulate the placement, construction
and modification of personal wireless service facilities subject to
the six limitations noted at Section 332(c)(7)(B) of the FTA.
In this regard, the FTA does not abrogate local zoning authority
in favor of the commercial desire to offer optimal service to all
current and potential customers, and the providers of the personal
wireless services must bear the burden of proving that any proposed
service facility is the least intrusive means of filling a significant
gap in wireless communication services in the area.
The overall objective of this section is to allow the provision
of wireless communication services while, at the same time, limiting
the number of antennas and supporting towers to the fewest possible,
and only in those locations which do not negatively impact upon the
prevailing unique and visually attractive historic village character
of the borough.
In this regard, the Borough of Hopewell, a designated "Village
Center" on the New Jersey State Development and Redevelopment Plan,
is a small municipality of only 480 acres in total area, which was
founded in 1706 and which is characterized by tree-lined streets,
historic frame homes and small shops.
The borough is largely developed; therefore, and understandably,
the emphasis is on the avoidance of new development that may have
substantial detrimental impacts on the existing character of the built
environment, either physical or visual.
a.
To minimize the total number of wireless communication towers within
the Borough of Hopewell;
b.
To limit the impact of wireless communication antennas, towers and
related facilities upon the residences and the streetscapes throughout
the Borough of Hopewell;
c.
To safeguard the prevailing and historic character of development
throughout the Borough of Hopewell, with particular emphasis on maintaining
the prevailing character of the historic districts and sites throughout
the borough;
d.
To encourage the location of antennas upon, or within, existing structures
including, but not limited to, existing towers, tanks, cupolas, steeples
and silos;
e.
To encourage the co-location of antennas on the fewest number of
existing structures within the Borough of Hopewell;
f.
To discourage the construction of new towers that are not likely
to be used by a number of wireless communication carriers;
g.
To encourage the communication carriers to configure their facilities
in a manner that minimizes and mitigates any adverse impacts upon
affected properties, streetscapes and viewsheds through careful design,
siting, landscape screening and innovative camouflaging techniques;
h.
To encourage the use of alternate technologies which do not require
the use of towers, or require towers at relatively lesser heights;
i.
To enhance the ability of the carriers of wireless communications
services who adhere to the letter and intent of these section provisions
to provide such services quickly, effectively and efficiently; and
j.
To comply with the mandate of the Federal Telecommunications Act
of 1996, 47 U.S.C. Section 332 (c)(7), which preserves local government
authority to enforce zoning requirements that protect public safety,
public and private property and community aesthetics.
This section shall not apply to any tower or the installation
of any antenna that is under 70 feet high and is owned and operated
only by a federally licensed amateur radio station operator or is
used exclusively to receive transmissions, nor shall it apply to any
parabolic satellite antennas or nonwireless telephone services.
Wireless communication antennas may be located only at the following
two prioritized locations:
a.
First Priority Locations. The first priority locations for wireless
communication antennas shall be on the existing towers and tank or
within the existing cupolas, steeples or silos in Hopewell Borough
identified in Addendum I to this section;[1] antennas so located are permitted uses.
[1]
Editor's Note: Addendum I, referred to herein is included as an attachment to this chapter.
b.
Second Priority Locations. The second priority locations for wireless
communication antennas shall be on wireless communication towers on
lands with an existing grade at least 215 feet above sea level within
the R-100 residential zone only; antennas so located are conditionally
permitted uses.
a.
The location of wireless communication antennas on or within the
structures in Hopewell Borough identified in Addendum I[1] shall be considered permitted uses and shall require site plan review and approval of a submitted application by the Hopewell Borough Planning Board in accordance with Chapter 13, Site Plan Review, of the Revised General Ordinances of the Borough of Hopewell.
[1]
Editor's Note: Addendum I, referred to herein is included as an attachment to this chapter.
b.
In addition to the information otherwise required for site plans
as identified on the borough's development application checklist,
the applicant shall provide the following information to the planning
board:
1.
Any proposed structural modification to the existing tower, tank,
cupola, steeple or silo that is necessary to accommodate the proposed
antennas, provided that the height of the existing structure shall
not be increased;
2.
Details of the proposed antennas, which shall be flush-mounted antennas
totaling no more than six in number;
3.
The proposed location and landscape screening of any shelters enclosing
the related electronic equipment;
4.
Any other construction that may be proposed or required regarding
the installation of the proposed antennas; and
5.
The height of any proposed antenna attached to an existing structure,
provided that no antenna shall extend higher than 10 feet above the
height of the existing structure.
a.
Regarding the second priority locations for wireless communication antennas on wireless communication towers on lands with an existing grade at least 215 feet above sea level zoned within the R-100 residential zone, any such proposed tower, antennas and related equipment shall require both conditional use approval in accordance with section 12-18 of this ordinance, and preliminary and final site plan approvals in accordance with Chapter 13, Site Plan Review, of the Revised General Ordinances.
b.
The following information shall be submitted for site plan approval, and the referenced subsections 12-17B.9, 12-17B.10, 12-17B.11, and 12-17B.12 contain the specific conditions, standards and limitations for wireless communication antennas on wireless communication towers in the Borough of Hopewell:
1.
In order to be declared complete, the initially submitted application shall include all of the applicable documentation and items of information identified on the borough's development application checklist for preliminary and final site plans as specified in Chapter 13, Site Plan Review, of the Revised General Ordinances;
2.
In order to be declared complete, the initially submitted application shall include an overall comprehensive plan in accordance with subsection 12-17B.9 of this section hereinbelow;
3.
In order to be declared complete, the initially submitted site plan shall indicate conformance with all of the Area and Setback Conditions set forth in subsection 12-17B.10 of this section hereinbelow;
4.
In order to be declared complete, the initially submitted site plan shall indicate conformance with each of the design conditions set forth in subsection 12-17B.11 of this section hereinbelow;
5.
In order to be declared complete, the initially submitted application shall include the additional conditions indicated in subsection 12-17B.12 of this section hereinbelow; and
6.
During the public hearing process, the applicant shall schedule the
time for a crane or balloon test with the borough clerk in order to
provide the members of the planning board and the general public the
opportunity to view a crane or balloon at the location and height
of the proposed tower. Thereafter, a visual sight distance analysis
shall be prepared by the applicant and presented to the planning board,
including photographic reproductions of the crane or balloon test,
graphically simulating the appearance of the proposed tower, with
at least three antenna arrays attached thereto and from at least 15
locations around and within one mile of any proposed tower where the
tower will be most visible.
a.
In order to effectuate the purposes, objectives and goals of these
section provisions, any applicant for approval to erect a new supporting
tower for wireless communication antennas shall provide threshold
evidence that the proposed location of the tower and antennas has
been planned to result in the fewest number of towers within and around
the Borough of Hopewell at the time full service is provided by the
applicant.
b.
The applicant shall provide an overall comprehensive plan indicating
how it intends to provide full service within and around the Borough
of Hopewell and, to the greatest extent possible, shall indicate how
its plan specifically relates to and is coordinated with the needs
of all other providers of wireless communication services within and
around the borough.
c.
The overall comprehensive plan shall indicate the following, and
this information shall be provided at the time of the initial submission
of the application:
1.
The mapped location and written description of all existing and approved
supporting towers for all providers of wireless communication services
within one mile of the subject site, both within and outside of Hopewell
Borough;
2.
The mapped location and written description of all existing or approved
water towers or water standpipes and existing high tension power line
stanchions within one mile of the subject site, both within and outside
of Hopewell Borough;
3.
Why the proposed antennas could not be located on any of the structures
listed and mapped in Addendum I[1] attached to these ordinance provisions;
[1]
Editor's Note: Addendum I, referred to herein is included as an attachment to this chapter.
4.
How the proposed location of the proposed antennas specifically relates
to the anticipated need for additional antennas and supporting structures
within and near the Borough of Hopewell by the applicant and by other
providers of wireless communication services within the borough;
5.
How the proposed location of the proposed antennas specifically relates
to the objective of collocating the antennas of many different providers
of wireless communication services on a single supporting structure;
and
6.
How the proposed location of the proposed antennas specifically relates
to the overall objective of providing adequate wireless communication
services within the Borough of Hopewell while, at the same time, limiting
the number of towers to the fewest possible, including alternate technologies
which do not require the use of towers or require towers of a lesser
height.
a.
The proposed tower, antennas and ancillary related electronic equipment
shall be located on a land area no less than 20,000 square feet;
b.
The minimum required land area shall either be a separate undeveloped
lot or a leased portion of an existing undeveloped or developed lot;
c.
The proposed tower, antennas and related equipment, and any approved
building housing the electronic equipment and any approved camouflaging
of the tower, shall be the only land uses located on the subject land
area, whether a separate lot or a leased portion of a lot; and
d.
Except for any access driveway into the property, required landscaping
and any underground utility lines reviewed and approved by the planning
board as part of the site plan submission, no building, tower, other
structure and/or disturbance of land shall be permitted within 100
feet of any street line and within 50 feet of any lot line of any
adjacent property, provided that, in any case, no building, tower,
other structure and/or land disturbance shall be located within 500
feet of any historic district or site as duly designated by Hopewell
Borough, the State of New Jersey and/or by the federal government.
a.
All towers shall be a monopole design.
b.
All towers shall be camouflaged (e.g., housed in a silo, bell tower,
etc., or made to look like a tree or a non-oversized flagpole) as
may be appropriate in the context of the visibility of the tower from
different vantage points throughout the borough and the existing land
uses and vegetation in the vicinity of the subject site.
c.
The height of any proposed new tower and the antennas attached thereto
shall not exceed 125 feet from the existing ground level beneath the
tower.
d.
No signage is permitted except such information signs deemed necessary
for safety purposes by the planning board.
e.
Minimal off-street parking shall be permitted as needed and as specifically
approved by the planning board.
f.
No lighting is permitted on a tower except lighting that specifically
is required by the Federal Aviation Administration (FAA), and any
such required lighting shall be focused and shielded to the greatest
extent possible so as not to project towards adjacent and nearby properties.
The applicant shall provide to the planning board all applicable FAA
standards regarding lighting that may apply to a proposed tower.
g.
Individual shelters for the required electronic equipment related
to the wireless communications antenna(s) shall be permitted in accordance
with the following design criteria:
1.
Any proposed shelter enclosing required electronic equipment shall
not be more than 15 feet in height nor more than 250 square feet in
area, and only one such shelter shall be permitted for each provider
of wireless communication services located on the site;
2.
No electronic equipment shall interfere with any public safety communications;
3.
All of the electronic equipment shall be automated so that the need
for onsite maintenance and the commensurate need for vehicular trips
to and from the site will be minimized;
4.
All of the required electronic equipment for all anticipated communication
carriers to be located on the subject site shall be housed within
a one and one-half story building, which building shall not exceed
1,000 gross square feet in area and 20 feet in height, and which shall
be designed with a single-ridge, pitched roof with a residential or
barn-like appearance; and
5.
The building may have one light at the entrance to the building,
provided that the light is attached to the building, is focused downward
and is switched so that the light is turned on only when workers are
at the building.
h.
Between the location of the tower and the building enclosing related
electronic equipment and any public street or residential dwelling
unit or residential zoning district within view of the tower and the
building, landscaping shall be provided in accordance with the following:
1.
The landscaping shall consist of a combination of existing and/or
newly planted evergreen and deciduous trees and shrubs of sufficient
density to screen the view of the tower, particularly at its base,
to the maximum extent reasonably possible, and to enhance the appearance
of the building from the surrounding residential properties and any
public street;
2.
The landscaping plan shall be prepared by a licensed landscape architect
who shall present testimony to the planning board regarding the adequacy
of the plan to screen the tower from view and to enhance the appearance
of the building; and
3.
Any newly planted evergreen trees shall be at least eight feet high
at time of planting, and any newly planted deciduous trees shall be
a minimum caliper of three inches at time of planting.
a.
Documentation by a qualified expert that any proposed tower will
have sufficient structural integrity to support the proposed antennas
and the anticipated future collocated antennas and that the structural
standards developed for antennas by the Electronic Industries Association
(EIA) and/or the Telecommunication Industry Association (TIA) have
been met;
b.
A letter of intent by the applicant, in a form that is reviewed and
approved by the borough attorney, indicating that the applicant will
share the use of any tower with other approved wireless communication
carriers at reasonable rates that are economically viable; and
c.
The applicant (and the landowner in the instance of a leased property)
shall provide a performance bond and/or other assurances satisfactory
to the planning board, in a form approved by the borough attorney,
that will cause the antennas, any supporting tower, the electric equipment
cabinets, any building enclosing the electronic equipment shelters,
and all other related improvements to the land to be removed, at no
cost to the borough, when the antennas are no longer operative. Any
wireless communication facility not used for its intended and approved
purpose for a period of six months shall be considered "no longer
operative" and shall be removed by the responsible party within 60
days thereof.
The following are not conditions, standards and limitations
for the location of wireless communication towers, but are preferences
of the borough:
a.
To the greatest extent possible, no tower shall be located to be
visible from any historic district or site as duly designated by Hopewell
Borough, the State of New Jersey and/or by the federal government.
b.
To the greatest extent possible, no tower shall be located to be
visible from any public street.
c.
To the greatest extent possible, any tower shall be located behind
existing buildings and/or natural topographic elevations in order
to screen the tower from view from adjacent properties and from any
street right-of-way.
All other applicable requirements of this section not contrary
to the conditions, standards and limitations specified herein shall
be met, but waivers and/or variances of such other applicable requirements
may be granted by the planning board or zoning board of adjustment,
as the case may be.
In addition to its normal professional staff, given the technical
and specialized nature of the testimony by the applicant's radio frequency
expert(s), the planning board or zoning board of adjustment, as the
case may be, may, at the applicant's expense, hire its own radio frequency
expert to review and comment upon the testimony presented by the applicant.
Additionally, based upon other testimony presented by the applicant,
the planning board may hire other experts with specialized areas of
expertise if deemed necessary.
Any application submitted to the Hopewell Borough Zoning Board
of Adjustment for a variance to construct or install wireless communication
antennas and/or a new wireless communication tower in a location not
permitted by this section shall be required to submit all of the information
required herein for second priority locations, and no such application
shall be deemed complete unless all of the required information is
provided or unless the need to provide the required information is
specifically waived by the zoning board.
[Ord. 217; Ord. 227; Ord. 273; Ord. 276; Ord.
303; Ord. 331; Ord. 422: Ord. 480; Ord. 561: Ord. 578; Ord. 622; Ord. 679; Ord.
705]
Recognizing that certain uses, activities and structures are
necessary to serve the needs and convenience of the borough and at
the same time, recognizing that such uses may be or become inimical
to the public health, safety and general welfare if located and operated
without proper consideration being given to existing conditions and
character of the surrounding area, such uses are hereby designated
as conditional uses.
In addition to other powers conferred by this chapter and applicable
statutes, the planning board shall have original jurisdiction and
power to grant a permit for a conditional use under the terms and
conditions established by this chapter, under the following stipulations
and guiding principles:
a.
The use for which the application is being made is specifically authorized
as a conditional use in this chapter for the zone in which located.
b.
The design, arrangement and nature of the particular use is such
that the public health, safety and welfare will be protected and reasonable
consideration is afforded to the:
1.
Character of the neighborhood and zone.
2.
Conservation of property values.
3.
Health and safety of residents or workers on adjacent properties
and in the surrounding neighborhood.
4.
Potential congestion of vehicular traffic or creation of undue hazard.
5.
Principles and objectives of this chapter and the master plan of
the borough.
In addition, such conditional uses shall adhere to the minimum
standards specified for the particular use in this chapter. The planning
board shall prescribe in writing any further additional conditions
and safeguards which in its opinion will implement the intent and
objectives of this section or other provisions of this chapter.
a.
Public Utilities. Public utility uses such as water filtration plants,
sewerage disposal plants, pumping stations, electric transformer substations,
telephone exchange and repeater stations, but no service or storage
yards shall be subject to the following:
1.
Proof shall be furnished that the proposed installation in the specific
location is necessary and convenient for the efficiency of the public
utility system or the satisfactory and convenient provision of service
to the neighborhood or area in which the facility is to be located.
2.
The design of any building or structure required for such use shall
conform to the general character of the area in which it is located.
3.
Adequate and attractive fencing and landscaping shall be provided
and periodically maintained.
4.
The lot on which it is located shall be sufficient in size to adequately
accommodate the proposed facility together with any parking space
required to serve the facility without any of the structural portions
of the use or parking facilities being unduly close to adjacent properties.
5.
High-voltage transmission lines and towers required for the transmission
of power from power sources outside the limits of the borough to points
also outside the borough limits shall be prohibited.
b.
Schools. Public and private schools, including institutions of higher
learning which are not conducted as a business shall be subject to
the following:
1.
A minimum site area of five acres shall be provided. In addition
thereto, one acre shall be provided for each 100 pupils of maximum
capacity.
2.
The lot coverage shall not exceed 15%.
3.
No structure shall be located within 100 feet of a street or property
line.
4.
Off-street parking shall be provided at a rate of two spaces for
each classroom or teaching station.
c.
Motor Vehicle Service Shops. Motor vehicle service establishments
and automotive repair and body shops shall be subject to the following:
1.
Minimum Area. A minimum lot area of 15,000 square feet shall be provided
together with a minimum lot width of 100 feet. In addition, if the
planning board finds that the nature of the particular use proposed,
either by virtue of scale, intensity of use, hazard, or other such
considerations is such that a larger site is in the public interest,
then it shall impose such additional requirement.
2.
Location. Such lot shall be located within the following limitations:
3.
Yards. The following yard requirements shall be met. Yard requirements
shall apply to all pumps, mechanical equipment and other appliances
in addition to the main structure:
4.
Fuel Tanks. All fuel tanks or other such containers for the storage
of flammable materials; either liquid or solid shall be installed
underground at sufficient depth to insure against hazard of fire or
explosion.
5.
Parking. Parking facilities shall be maintained as follows:
(a)
Two square feet of space for each square foot of floor area
in the primary building.
(b)
Where such parking area abuts a residential zone, it shall be
screened by a buffer area no less than 10 feet in width composed of
densely planted evergreen shrubbery, solid fencing or a combination
of both which, in the opinion of the planning board, will be adequate
to prevent the transmission of headlight glare across the zone boundary
line. Such buffer screen shall have a minimum height of four feet
above finished grade at the highest point of the parking area. The
materials used shall be in keeping with the character of the adjacent
residential area.
(c)
Driveways to parking areas shall be limited to two for each
100 feet of frontage. Such driveways shall not be less than 12 feet
nor more than 24 feet in width. Driveways shall intersect public streets
at right angles, wherever possible.
(d)
No area on the lot which is required for the movement of vehicles
in and about the buildings and facilities, shall be used for complying
with the parking requirements of this section.
6.
Accessory goods for sale may be displayed out-of-doors on the pump
island and building island only and shall be stored in a suitable
rack or container.
7.
For gasoline service stations in the B-R zone district, canopies
over pump islands are permitted provided the following canopy design
standards are met:
(a)
The purpose of a gasoline service station canopy shall be to
provide station pump island employees and clients with protection
from adverse weather conditions.
(b)
For canopy locations also within the HD historic district zone, all application procedures, review guidelines, and planning board action of section 12-10A shall apply. For canopy locations not within the HD historic district zone, the planning board shall submit canopy design plans to the historic preservation commission for their nonbinding comments and recommendations based on the review guidelines of section 12-10A.7.
(c)
The underside of the canopy shall not exceed 15 feet from grade.
No vertical plane on a flat foot canopy shall exceed two feet.
(d)
The area of the canopy itself shall be limited to that area
which is reasonably necessary for weather protection to pump island
users.
(e)
Setbacks shall be 15 feet from street rights-of-way and 20 feet
from side lot lines.
(f)
Canopy building materials shall be substantially similar to,
or reflective of, the materials used for the gasoline service station
building.
(g)
Canopy lighting design and intensity shall be subject to review
by the planning board. The overall design objective shall be to minimize
the light source to the greatest extent possible and limit light intensity,
while maintaining a safe working environment.
(h)
No signs shall be permitted on canopy or canopy structures.
(i)
Canopy drainage shall be designed so as to maintain adequate
drainage and shall be subject to the approval of the borough engineer.
d.
Club Houses. Club houses shall be subject to the following:
1.
Proof shall be furnished to the planning board that the proposed use is a bona fide nonprofit organization of the type defined in subsection 12-4.15.
2.
The lot area for the proposed use shall have a minimum total area
of one acre in addition to that required to accommodate the off-street
parking, driveways and parking lot buffer areas specified in paragraph
12-18.2d3 below.
3.
Parking facilities shall be maintained as follows:
(a)
Off-street parking at the rate of one space for each two memberships.
(b)
Such parking areas shall be screened by a buffer area of not
less than 10 feet in width composed of densely planted evergreen shrubbery,
solid fencing or a combination of both which in the opinion of the
planning board will be adequate to prevent the transmission of headlight
glare across the property line. Such buffer screen shall have a minimum
height of four feet above finished grade at the highest point of the
parking area. The materials used shall be in keeping with the character
of the adjacent residential area.
(c)
Driveways shall be limited to two for each 100 required parking
spaces. Such driveways shall not be less than 12 or more than 24 feet
in width and shall intersect public streets at right angles wherever
possible.
4.
The design of any building or structure shall conform to the general
character of the area it is located.
5.
Adequate and attractive landscaping shall be provided and property
and periodically maintained.
6.
All other requirements of the zone in which the use is located.
e.
Professional Offices as a Secondary Use. Professional office use
as a secondary use in conjunction with a permitted primary use shall
be subject to the following:
1.
This use shall be permitted on any property or lot fronting on Broad
Street between Princeton Avenue and Lanning Avenue.
3.
The primary use shall meet all of the requirements for the zone that
it is in.
4.
Off-street parking shall be provided in accordance with the following
minimum standards:
(a)
Off-street parking facilities shall be provided that conform with the general requirements as set out in subsection 12-5.4.
(b)
The parking spaces shall be in other than the front yard.
(c)
Such parking areas shall be screened by a buffer area of not
less than five feet in width composed of densely planted evergreen
shrubbery, solid fencing or a combination of both which, in the opinion
of the planning board, will be adequate to prevent the transmission
of headlight glare across the property line. Such buffer screen shall
have a minimum height of four feet above the finished grade at the
highest point of the parking area. The materials used shall be in
keeping with the character of the adjacent residential area.
(d)
No area on the lot, which is required for the movement of vehicles
in and about the buildings and facilities, shall be used for complying
with the parking requirements of this section.
(e)
Suitable illumination for parking areas used after dark shall
be provided in such a way that there is no direct light incident on
adjacent properties.
(f)
The number of spaces required shall be set by the following
schedule. Two for each dwelling unit in addition to one for each employee
plus one for each 100 square feet of office space or part thereof.
g.
(Reserved)
h.
Accessory Apartments.
1.
Accessory apartment shall mean a self-contained dwelling unit with
a kitchen, toilet facilities, sleeping quarters, and a private entrance,
which is created within an existing single-family detached dwelling
structure, or within a building that is accessory to a single-family
detached dwelling and that is occupied by a low- or moderate-income
household.
2.
Accessory apartments are permitted in the R-75, R-75P, and R-100
zones if, in addition to the requirements of this paragraph, all other
requirements of the applicable zone district are met.
3.
The accessory apartment shall be occupied by a low- or moderate-income
household, in accordance with borough requirements, as those terms
are defined in the Substantive Rules of the New Jersey Council on
Affordable Housing (COAH), N.J.A.C. 5:93, et seq. as may be hereafter
supplemented and amended.
4.
The gross floor area of the accessory unit shall be at least 350
square feet, and shall have living-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.
5.
At least one off-street parking space in addition to the two required
for the existing principal dwelling on the parcel shall be provided.
6.
The dwelling structure containing the accessory apartment unit shall
comply with all requirements for two-family dwellings in accordance
with applicable building codes and all the laws of the State of New
Jersey and the Borough of Hopewell. No dwelling structure shall contain
more than one accessory apartment.
7.
The accessory apartment unit and the existing unit shall have separate
doors with direct access to the outdoors, and the development shall
not result in the placement of an additional door on the front facade
of the principal structure.
8.
The applicant shall provide a plan for the proposed development which
provides sufficient information for the zoning officer to determine
that all requirements of this paragraph will be met. At a minimum,
this information shall include building plans and architectural elevations
indicating interior and exterior modifications and new construction,
and a site plan indicating any site alterations and proposed parking
spaces.
9.
At the time of development, a new deed shall be recorded in the county
clerk's office containing a restriction to the effect that if said
accessory unit is not occupied by, or made available to a low- or
moderate-income household in accordance with borough requirements,
the accessory unit shall be removed. Said restriction shall remain
in place for 10 years.
10.
The maximum number of accessory apartments permitted under this paragraph
shall be the number that the borough is permitted to apply toward
its fair share obligation of low and moderate income dwelling units
in accordance with the applicable regulations of COAH. The zoning
officer shall maintain a register of the applications made, pending
and granted under the provisions of this paragraph. That register
shall reflect the following:
(a)
The number of low- and moderate-income units remaining to be
constructed in order to satisfy the borough's fair share obligation;
(b)
When such applications were made;
(c)
The status of any pending application;
(d)
The name of the applicant; and
(e)
The street address for any accessory apartment approved for
construction under the provisions of this paragraph.
A copy of this register shall be provided to each applicant
to construct an accessory apartment pursuant to this paragraph at
the time said application is filed.
11.
Accessory apartment availability shall be affirmatively marketed
by the unit owner throughout the borough housing region in accordance
with borough requirements.
i.
Cannabis retailers, subject to the following:
[Added 9-8-2022 by Ord.
No. 859]
2.
The operating hours of a cannabis retailer shall be between 9:00
a.m. and 8:00 p.m. daily. It shall be unlawful for any cannabis retailer
to sell or dispense cannabis or cannabis products at any time other
than between these hours.
3.
A cannabis retailer shall be accessible directly from a right-of-way
through a separate entrance independent from any other retail ingress.
4.
No cannabis product shall be visible from a public sidewalk, public
street or right-of-way or any other public place.
5.
All cannabis products shall be stored securely indoors and on-site.
6.
Consumption of cannabis products, by any means of ingestion, shall
not be permitted on the cannabis retailer premises or adjacent grounds.
7.
Outside generators and other mechanical equipment used for any kind
of power supply, cooling or ventilation shall be enclosed and have
appropriate baffles, mufflers, and/or other noise-reduction systems
to mitigate noise pollution.
8.
The premises operated by a cannabis retailer shall be secured in
accordance with State of New Jersey statutes and regulations and shall
have a round-the-clock video surveillance system, 365 days a year.
9.
Signage design at the premises operated by a cannabis retailer shall comply with the Borough's sign regulations at section 12-17A of the Code. In addition, signage design shall not include artistic or photographic renderings of cannabis plants or the glorification of cannabis or its use.
10.
No cannabis retailer shall be housed in a vehicle or any movable
or mobile structure.
11.
A cannabis retailer shall prevent and eliminate any conditions on
the site that constitute a nuisance, including but not limited to
preventing odors from escaping the interior of the facility; maintaining
the exterior of the facility and immediately adjacent sidewalk and
public right-of-way free of litter, debris, and trash; and properly
storing and disposing of all waste generated on the site in accordance
with applicable law and regulation.
12.
A cannabis retailer shall not provide for a drive-through facility.
j.
Cannabis delivery services, subject to the following:
[Added 9-8-2022 by Ord.
No. 859]
1.
The physical premises utilized by a cannabis delivery service to operate said business, which shall include all office and parking facilities used thereby, shall conform to all zoning requirements set forth in Chapter 12 for the zone in which the use is conditionally permitted, as well as the general requirements set forth in Chapter 12, unless otherwise specifically provided under this section.
2.
The operating hours of a cannabis delivery service shall comply with
applicable law and regulations.
3.
No cannabis product shall be visible from a public sidewalk, public
street or right-of-way or any other public place.
4.
Consumption of cannabis products, by any means of ingestion, shall
not be permitted on a cannabis delivery service's premises or
adjacent grounds.
5.
The premises operated by a cannabis delivery service shall be secured
in accordance with State of New Jersey statutes and regulations and
shall have a round-the-clock video surveillance system, 365 days a
year.
6.
Signage design at a premises operated by a cannabis delivery service shall comply with the Borough's sign regulations at section 12-17A of the Code. In addition, signage design shall not include artistic or photographic renderings of cannabis plants or the glorification of cannabis or its use, and signage at the premises shall communicate that the facility is not open to the public.
7.
Cannabis items shall not be stored or housed at a cannabis delivery
service's premises, and shall not be left unattended in vehicles.
8.
A cannabis delivery service shall prevent and eliminate any conditions
on the premises operated by said service that constitute a nuisance,
including but not limited to preventing odors from escaping the interior
of the facility operated at the premises; maintaining the exterior
of the facility and immediately adjacent sidewalk and public right-of-way
free of litter, debris, and trash; and properly storing and disposing
of all waste generated on the site in accordance with applicable law
and regulation.
a.
Application. Applications for conditional uses shall be made to the
planning board and shall include all forms, exhibits, checklists,
plans, and information as required for preliminary site plan applications
in accordance with chapter XIII, Site Plan Review, and any additional
information necessary to show compliance with this section.
b.
Review and Public Hearing. The planning board shall review and process the application in accordance with procedures established for preliminary site plans in accordance with chapter XIII, and shall provide for a public hearing on such application in accordance with chapter 10A of this revision.
c.
Action. The planning board shall grant or deny the application for
a conditional use, and the attendant site plan, within 95 days of
the filing of a complete application with the planning board secretary,
or within such additional time as may be consented to by the applicant.
The zoning officer shall forward the application and all supporting
documents to the secretary of the board of adjustment for its consideration.
A copy of the application and all supporting documents shall also
be forwarded to the planning board of the borough for a review of
the site plan, and for an evaluation of the proposed special exception
use and its relationship and conformity to the goals, objectives and
policies established by the borough master plan. The planning board
shall, within 45 days after the receipt of such application, make
a written report to the board of adjustment setting forth its findings
and recommendations concerning the application. In making its recommendation,
the planning board may suggest any revisions to the site plan, landscaping
plan, or other plans, as well, in its opinion, cause the proposed
special use to be in substantial conformance with the master plan
and its principles of land use and development.
The board of adjustment shall, within 120 days of the date of
the hearing of the application, approve or deny such application.
In approving any such application, the board of adjustment may impose
any modifications or conditions it deems necessary to carry out the
intent of this chapter, or protect the health, safety or welfare of
the community. If an application is approved, the building inspector
shall be empowered to issue a building permit upon request of the
applicant in accordance with the terms and conditions of the board's
approval.
[Ord. 303]
Any building permit heretofore issued pursuant to any ordinance
which provided for the erection of a building or structure in conformance
to the ordinance or ordinances in effect prior to the date of adoption
of this chapter shall continue in full force and effect, provided
that the holder has substantially undertaken such construction on
the date of adoption of this ordinance.
[Ord. 217; Ord. 366]
For each and every violation of any provision of this chapter
the owner, contractor, or other persons interested as general agent,
architect, building contractor, owner, tenant, or any other persons
who commit, take part, or assist in any violation of this chapter,
or who may maintain any building or premises in which any violation
of this chapter shall exist, and who shall have refused to abate the
violation within five days after written notice shall have been served
upon him either by mail or by personal service, shall for each and
every violation be imprisoned in the Mercer County Jail for a period
not exceeding 90 days or be fined not less than $100 and not exceeding
$1000 or both, at the discretion of the municipal judge before whom
a conviction may be had. Each day, in excess of five days after such
written notice is served, that such violation continues shall be considered
a separate and specific violation of this chapter.
In addition to the remedy or remedies herein provided, any person,
persons, company or corporation violating this chapter or any provision
or section thereof, may be proceeded against by the borough, or by
the zoning officer of the borough by appropriate action or by proceeding
in equity or otherwise to prevent and enjoin any threatened violation
of this chapter.
[Ord. 303]
In case any section or provisions of this chapter shall be held
invalid in any court of competent jurisdiction, the same shall not
affect any other section or provision of this chapter, except so far
as the section or provision so declared invalid shall be inseparable
from the remainder or any portion thereof.
[Ord. 303]
This chapter as amended repeals all prior zoning ordinances.
Any and all other ordinances or parts thereof in conflict or inconsistent
with any of the terms of this chapter are hereby also repealed to
such extent as they are so in conflict or inconsistent. However, the
adoption of these amendments to this chapter shall not prevent or
bar the continuance or institution of any proceedings for offenses
heretofore committed in violation of any existing ordinances of the
Borough of Hopewell.
It is not intended by this chapter to repeal, or in any way
impair or interfere with any private restrictions placed upon property
by covenant, deed or other private agreement unless repugnant thereto.
Where this chapter imposes a greater restriction upon the use of land
or structures than are now required by any existing covenant, deed
or other private agreement, the provisions of this chapter shall control.
[Ord. No. 823]
The Townhouse Residential Zone provides for a multi-family residential
inclusionary neighborhood of 11 market-rate townhouse units, and at
least two non-age restricted family units affordable to low and moderate
income households.
[Ord. No. 823]
b.
Accessory Uses.
1.
Private garages and carports.
2.
Tot lots.
3.
Walking paths.
4.
Barbeque patios.
5.
Off-street parking facilities.
6.
Solid waste receptacles.
7.
Monument signs located at entrance to the development, to be integral
to a landscape wall constructed of stone or brick, which shall not
extend above the top of the landscape wall. Such sign shall not exceed
25 square feet in area and the signage requirements of Section 12-7A
shall apply to the extent not inconsistent with this section.
8.
Utility structures and facilities needed to provide the direct service
of gas, electricity, telephone, water, sewerage and cable television.
[Ord. No. 823]
1.
Minimum Lot Area: 1 acre.
2.
Minimum Lot Frontage: 150 feet.
4.
Maximum Impervious Coverage: 50%.
5.
Maximum Density: 12 units/acre.
6.
Maximum Height of Building: 2 1/2 stories and 35 feet.
8.
Minimum landscaped buffer adjacent to existing public streets and
property lines: 10 feet.
9.
Minimum set aside of low and moderate income units: 2 affordable
family units.
[Ord. No. 823]
a.
At least 2 of the units built under this plan shall be affordable
family units.
b.
Low and moderate-income housing shall be constructed and rented in
accordance with the Council on Affordable Housing rules at N.J.A.C.
5:93-1 et seq. and Uniform Housing Affordability Controls (UHAC) at
N.J.A.C. 5:80-26.1 et seq. and shall meet the following requirements:
[Ord. No. 823]
a.
Site Design. Any application for development or redevelopment shall
include at least the following elements:
1.
An overall development plan for the Redevelopment Area identifying
land use types, building heights, floor areas of each building and
the number of residential units.
2.
Architectural elevations, renderings and floor plans.
3.
A circulation and streetscape plan, indicating the overall design
with a boulevard street entry, and locations and types of materials
to be used, including pavements, trees and other plantings and any
street furniture. Pedestrian and/or bicycle circulation systems shall
be designed to extend throughout the development and connect with
open space and common areas.
4.
Parking, loading and vehicular access plan. A traffic circulation
analysis shall analyze traffic conditions in the project vicinity
and identify existing traffic problem areas as well as the cumulative
effect of traffic from the redevelopment area on adjacent and affected
roadways. Shared parking arrangements are permissible, subject to
a showing of parking sufficiency.
5.
Landscape plan.
6.
Open Space Plan. A minimum of 10% of the tract shall be specifically
set aside for conservation, recreation and/or other open space.
7.
Utility plan. All dwelling units within a structure shall be connected
to approved and functioning public water and sanitary sewer systems
prior to the issuance of certificates of occupancy.
8.
Stormwater management plan. Stormwater designs shall be as naturalized
as possible and shall promote water quality, minimize maintenance
and provide for groundwater recharge.
9.
Lighting plan.
10.
Phasing plan.
[Ord. No. 823]
a.
The Planning Board is authorized to grant (C) variances from the
redevelopment standards and other zoning standards that are not superseded
by the redevelopment plan. The Planning Board is also authorized to
grant waivers from design standards.
b.
In order to achieve the number of affordable units and related market
rate units provided for in the settlement agreement, the site design
may require deviation from strict application of certain municipal
design standards. In all cases, NJDEP Flood Hazard Area rules, wetland
rules including wetland buffers shall be complied with. Should deviations
from stream corridor standards be necessary, stream corridor averaging
shall be used to minimize the total area of stream corridor that is
lost because of the deviation.
c.
The developer of the redevelopment area may also request relief from
cost generative features of Borough land use ordinances and such requests
shall be measured against the standards found in N.J.S.A. 40:55D-70
c, with sufficient proofs to address the positive and negative variance
criteria.
[Ord. No. 823]
The Borough shall confirm in writing its support of submission
and applications for all utilities (specifically water and sewer)
and all necessary government agency or private utility approvals related
to all aspects of the development within five business days of a written
request for such support from the developer.
[Ord. No. 823]
The Redeveloper shall enter into an agreement with the municipality
pursuant to the provisions of N.J.S.A. 40:55D-39 within 90 days of
a memorialized Board resolution of final site plan approval setting
forth variations from ordinary standards for preliminary and final
approval to provide increased flexibility and promote mutual agreement
between the applicant and the municipality at the time of conceptual
master site plan approval. The substance of the Redeveloper's Agreement
shall be consistent with the laws of the State of New Jersey, the
Hopewell Land Use Code and the conditions and standards applicable
to development in the zone. The Redeveloper's Agreement shall be in
a form satisfactory to the Borough Attorney, and may include, but
is not limited to, provisions relating to the following:
a.
Building layout and use.
b.
Signage: Criteria to ensure a harmonious signage design for the entire
development, which shall include lettering style, lighting standard
types, sign material and sign lighting.
c.
Architecture: Architectural design standards to ensure that the development
will result in an aesthetically-harmonious design which may include
external building materials, fenestration, color, mechanical penthouse
screening and roof appearance where visible from adjoining buildings
of higher elevation. Upon application by the developer and upon approval
of the Planning Board, architectural criteria may be revised from
time to time.
d.
Lighting plan: to ensure a uniform lighting plan to provide safe
and attractive lighting for exterior roads, interior roads and driveways,
parking lots, walkways and landscape display lighting.
e.
Landscaping: to ensure retention of natural vegetation, landscaping
of parking areas, landscaping of building sites and the screening
of trash collection and removal areas, buffering and wind shielding,
pedestrian and bike linkages between buildings and the entire tract
to encourage free passage while discouraging conflict with vehicular
traffic.
f.
Recreation: Active and passive recreational facilities, such as jogging
and fitness trails, passive sitting areas, and other athletic facilities
shall be provided for the benefit of building occupants.
g.
Maintenance: Developer's obligation to maintain: provisions for maintenance
and repair by the developer, or his successors, of building exteriors,
trash removal and maintenance of internal roadways, landscaping, buffered
areas and open spaces.
h.
Payment In Lieu Of Taxes Agreement.
[Ord. No. 823]
Amendments to the Redevelopment Plan may be adopted in order
to meet changing circumstances within and affecting the Redevelopment
Area and the Borough, but any site plan must be substantially consistent
with the adopted or amended Redevelopment Plan and conform to the
design requirements of the ordinance.
