[Adopted 2-3-2009. Amendments noted where applicable.]
A comprehensive ordinance of the Township of Hazlet, Monmouth
County, New Jersey, establishing and fixing regulations for the development
of lands within the Township and the uses and locations of buildings
and structures; regulating and restricting the height and bulk of
buildings and structures and determining the area of yards and other
open spaces; regulating and limiting the density of population; dividing
the Township of Hazlet into zone districts for such purposes; adopting
a map of the Township showing boundaries and the classification of
such zone districts; establishing rules, regulations and standards
governing the subdivision of land within the Township; establishing
a Planning Board and Zoning Board of Adjustment; and prescribing penalties
for the violation of its provisions.
This Ordinance shall be known and may be cited as "The Development
Review Ordinance of the Township of Hazlet."
It is the intent and purpose of this Ordinance to exercise the
authority delegated to municipalities under the Municipal Land Use
law (N.J.S.A. 40:55D-1 et seq.) to regulate development.
The implementation of the Township of Hazlet Master Plan through
the provisions of this Ordinance is intended:
A.
To guide the appropriate use or development of all lands in a manner
that will promote the public health, safely, morals and general welfare;
B.
To secure safety from fire, flood, panic and other natural and manmade
disasters;
C.
To provide adequate light, air and open space;
D.
To ensure that the development of the Township of Hazlet does not
conflict with the development and general welfare of neighboring municipalities,
the County and State as a whole;
E.
To promote the establishment of appropriate population densities
and concentrations that will contribute to the well-being of persons,
neighborhoods, communities and regions and presentation of the environment;
F.
To encourage the appropriate and efficient expenditure of public
funds by the coordination of public development with land use policies;
G.
To provide sufficient space in appropriate locations for a variety
of residential, recreational, commercial and industrial uses and open
space, both public and private, according to their respective environmental
requirements in order to meet the needs of all New Jersey citizens;
H.
To encourage the location and design of transportation routes that
will promote the free flow of traffic while discouraging location
of such facilities and routes which will result in congestion or blight;
I.
To provide a desirable visual environment through creative development
techniques and good civic design and arrangements;
J.
To promote the conservation of open space, energy resources and valuable
natural resources and to prevent urban sprawl and degradation of the
environment through improper use of land;
K.
To encourage the coordination of various public and private procedures
and activities shaping land development with a view of lessening the
cost of such development and to the more efficient use of land;
L.
To promote the maximum practical recovery and recycling of recyclable
materials from municipal solid waste through the use of planning practices
designed to incorporate the state recycling plan goals and to compliment
municipal recycling programs;
M.
To promote a balanced variety of residential, commercial, industrial,
recreational, public, open space and conservation land uses;
N.
To preserve and enhance the existing character of the residential
neighborhoods in the Township while providing a mix of housing types
and uses;
O.
To promote aesthetic and site improvements in the Township's major
commercial and industrial areas in a manner that maintains an appropriate
transition between residential and commercial uses and districts;
P.
To guide the redevelopment and development of the remaining large
parcels and scattered vacant sites within neighborhoods to ensure
proposed uses support existing uses without adverse impacts in terms
of land use compatibility, traffic, economic, and aesthetic impacts;
Q.
To maintain a balance between residential and nonresidential uses
to ensure a stable and sound community tax base and local employment
opportunities;
R.
To reclaim underutilized and/or constrained parcels for productive
use;
S.
To provide a circulation network for vehicles, bicycles and pedestrians
that permits safe and efficient travel;
T.
To provide for adequate parking facilities in accordance with the
needs of the respective land uses and the character of the individual
zone districts;
U.
To provide adequate community facilities and services in order to
enhance the quality of life for existing and future Township residents
and respond to changing demographics;
V.
To promote the purposes of the Municipal Land Use Law.
Whenever the Township or any duly constituted board, agency
or department thereof is acting in or pursuant to the performance
of a governmental function, carrying out a legislative mandate or
in the exercise of its private right as a corporate body, any Township
owned, operated or controlled building, structure, facility or use
either existing or proposed shall not be subject to the provisions
of this Ordinance. It is the intention of this section that whatever
the Township may be authorized to do shall constitute a function of
government and that whenever the Township shall act pursuant to granted
authority, it acts as government and not as private entrepreneur and,
therefore, is exempt from any Zoning and any land use act zoning provisions.
In interpreting and applying the provisions of this Ordinance,
they shall be held to be the minimum required to serve the aforesaid
"purposes" and the "community development objectives" hereinafter
set forth. Where the provisions of this Ordinance impose greater restrictions
or higher standards than those of any statute, other ordinance or
regulations, the provisions of this Ordinance shall govern. Where
the provisions of any statute, other ordinance or regulation impose
greater restrictions or higher standards than this Ordinance, the
provisions of such statute, ordinance or regulation shall govern.
All applicable requirements shall be met at the time of erection,
enlargement, alteration, moving or change in use of the principal
use and shall apply to the entire structure or structures whether
or not the entire structure or structures were involved in the erection,
enlargement, alteration, moving or change in use.
Approval of final plans by the Planning Board or Zoning Board
of Adjustment, as the case may be, shall constitute an acceptance
of proposed dedications for streets, parks, and other public uses
or purposes. Nonetheless, such approval shall not constitute an acceptance
of physical improvements on such dedicated land and shall not impose
on the Township any obligation of jurisdiction or maintenance of such
improvements. The acceptance of such physical improvements shall be
by action of the Township Committee in accordance with N.J.S.A. 40:55D-53.
The time period for the effect of approval shall begin with
the date of the adoption of the resolution memorializing such approval
of the subject application by the board of jurisdiction.
No subdivision or site plan involving any street(s) requiring
additional right-of-way width as specified in the Master Plan or Official
Map and the street requirements of this Ordinance shall be approved
unless such additional right-of-way, either along one or both sides
of said street(s), as applicable, shall be deeded to the municipality
or other appropriate governmental agency.
No building shall be erected and no existing building shall
be moved, altered, enlarged, or rebuilt, nor shall any land be designed,
used or intended to be used for any purpose other than as permitted
within the zoning districts so described by this Ordinance, nor shall
any open space or yard area be encroached upon or reduced in any manner
except in strict conformity with the regulations contained herein.
