[Adopted 2-3-2009. Amendments noted where applicable.]
This Article establishes the use, bulk requirements and other regulations governing the zones created in Article III. Article II is the compendium of definitions for terms in this Article and throughout the Development Review Ordinance. Performance regulations and design standards are contained in Article V that provide the basis for the physical development and redevelopment of land within the zoning classifications. Article VII contains the standards of review upon which all applications for subdivision or site plan are measured.
B.
All uses not expressly permitted in this Ordinance are prohibited.
Prohibited Uses to include Automobile Service Stations and Used Automobile
Dealerships as defined herein. Marijuana establishments and medical
marijuana centers, as defined in this Chapter, shall be prohibited
uses in all districts.
[Ordinance No. 1421-07 adopted 10-16-2007; Ord. No. 1571-2015;
Ord. No. 1612-2017; Ord. No. 1618-2018 § 2]
An application for a permit shall provide documentation that
the intended use will comply with the performance standards enumerated
below. In the case of a structure being built where the future use
is not known, a zoning permit may be issued with the condition that
no certificate of occupancy will be issued until such time as this
documentation is submitted with respect to the particular occupant.
A new application and a new certificate of occupancy shall be required
in the event of a change of any user of any structure.
A.
Electrical and/or Electronic Devices. All electrical or electronic
devices shall be subject to the provisions of Public Law 90-602, 90th
Congress, HR 10790, dated October 1968, entitled "An Act for the Protection
of Electronic Product Radiation." Radiation products, as defined in
DHEW Publication No. (FDA) 76-8003, shall be so limited and controlled
so that no measurable energy can be recorded at any point beyond the
property boundaries. The applicant, upon request, shall certified
data wherein measurements made in accordance with the procedure and
standards set forth in the DHEW Publication No. (FDA) 75-8003 adequately
demonstrate compliance with the minimum standards established by the
Act. All other forms of electromagnetic radiation lying between 100
KHz and 10 GHz shall be restricted to the technical limits established
in the Federal Communication Commission's Rules and Regulations. Additionally,
electric or electronic equipment shall be shielded so there is no
interference with any radio or television reception at the lot line
(or beyond the operator's dwelling unit in the case of multi-family
dwellings) as the result of the operation of such equipment.
B.
Glare. No use shall produce a strong, dazzling light or a reflection
of a strong, dazzling light or glare beyond its lot lines. Exterior
lighting shall be shielded, buffered, and directed so that glare,
direct light or reflection will not become a nuisance to adjoining
properties, adjoining dwelling units, adjoining properties, adjoining
dwelling units, adjoining districts or streets.
C.
Heat. No use shall produce heat perceptible beyond its lot lines.
Further, no use shall be permitted which would cause the temperature
to rise or fall in any body of water.
D.
Noise. Noise levels shall be designed and operated in accordance
with local regulations and those rules established by the New Jersey
State Department of Environmental Protection as they are adopted and
amended.
E.
Odor. Odors shall not be discernible at the lot line or beyond.
F.
Storage and Waste Disposal. No materials or wastes shall be deposited
upon a lot in such form or manner that they may be transferred off
the lot by natural causes or forces, nor shall any substance be deposited
which can contaminate an underground aquifer or otherwise render such
underground aquifer undesirable as a source of water supply or recreation,
or which will destroy aquatic life. All materials or wastes which
might cause fumes or dust or which constitute a fire hazard or which
may be edible or otherwise attractive to rodents or insects shall
be stored indoors and enclosed in appropriate containers adequate
to eliminate such hazards.
G.
Ventilation. No use shall obstruct the natural ventilation of adjacent
uses nor contaminate the air with excessive heat or odor. Further,
no air conditioners or exhaust fans shall be permitted to discharge
exhausted air unless set back from all property lines 10 feet or equipped
with baffles to deflect the discharged air away from the adjacent
use.
H.
Vibration. There shall be no vibration that is discernible to the
human sense of feeling beyond the immediate lot.
A.
Permitted Principal Uses.
1.
Single-family residences.
2.
Public parks, playgrounds and recreation areas owned or operated
by the Township.
3.
Public and private schools as defined in this Ordinance, except
Nursery Schools.
4.
Any form of agriculture consisting of customary and conventional
farming operations, and any form of horticulture, except the commercial
keeping, breeding, raising and handling of livestock, fowl, and furbearing
animals. Commercial greenhouses and structures or establishments for
the raising or sale of farm or horticultural products are permitted.
5.
Cemeteries.
B.
Planned Residential Developments.
1.
Ownership. The tract of land for a project may be owned, leased
or controlled by either a single person, corporation or by a group
of individuals or corporations. An application must be filed by the
owner or by the authorized agent of all property included in the project.
In the case of multiple ownership, the approved plan shall be binding
on all owners.
2.
Fees. The fee for review, investigation, research and analysis
of all stages of any Planned Residential Development shall be $20
per unit paid to the Township of Hazlet. Said fee shall be paid at
the time of filing of the application for tentative approval.
3.
Density and Development.
a.
The minimum required and designated natural common open space
shall be 15% of the total gross land areas of the Planned Residential
Development. Common open space, with the approval of the Planning
Board, may be apportioned or located to achieve the total minimum
area necessary.
b.
On any Planned Residential Development an additional minimum
of 5% of the total gross area shall be utilized, designed and improved
by the applicant for recreational facilities approved by the Planning
Board.
c.
Overall gross density for areas designated as Planned Residential
Development shall not exceed eight dwelling units per gross acre.
d.
The total number of dwelling units within the areas designated
as Planned Residential Development shall be distributed in the following
manner to provide a mixture and variation of housing types in fee
simple ownership:
e.
In any Planned Residential Development, architectural design
for each type of housing unit shall be approved in accordance with
a plan filed with the Planning Board of the Township of Hazlet. The
Planning Board may require a variation of architectural design in
accordance with those standards listed below. The intent of the Planning
Board of the Township of Hazlet is to encourage innovative design
and pleasing aesthetics.
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80 units or less
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2 designs
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81-160 units
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3 designs
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161-320 units
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4 designs
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greater than 320 units
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5 designs
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An architectural design is defined as follows:
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(i)
Roof variations of heights to the ridge line shall
occur for every grouping of two building structures with a minimum
height variation between ridges of two feet.
(ii)
A major alteration of the front elevation of the
dwelling unit, basically by window treatment and door location inclusive
of exterior building material, i.e., brick, siding, clapboard, wood,
masonry or shingles or other acceptable American Institute of Architects
approved materials.
(iii)
The roofing design from hip, gable, mansard or
gambrel or other acceptable approved AIA types.
It is the intention of these various design alternatives to
promote a harmonious blend of architectural structures Planned Residential
Development in keeping with the surrounding area.
f.
Interior road pavements designed to serve the Planned Residential
Development shall have a minimum width of 20 feet; collector roads
shall have a minimum width of 24 feet, paved and curved in accordance
with existing Township standards.
g.
Sidewalks shall have a minimum width of four feet and may be
located along only one side of the existing streets, connecting buildings,
as well as connecting parking areas.
h.
Any building or structure which cannot properly be served by
emergency or service vehicles from a street or a road abutting the
lot shall be made accessible to such vehicles by a paved driveway.
i.
No accessory building or garage shall be located in the front
yard area not closer than 10 feet to any lot line.
j.
The minimum distance between buildings shall be:
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front to front
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50 feet
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front to rear
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50 feet
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rear to rear
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50 feet
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side to side
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30 feet
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side to rear
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30 feet
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side to front
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30 feet
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The Planning Board may waive the above requirements if upon
architectural and site plan review the proposed standards would be
detrimental to a proper and reasonable location of the buildings thereof
or the most attractive use of the land.
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k.
Each dwelling unit of any type shall have two means of egress
and ingress.
l.
For dwelling units in multi-family buildings two entrances and
exits shall be provided by interior stairs, corridors or lobbies.
No fire escape shall be permitted, and all exit doors from said buildings
shall open outward.
m.
In townhouse construction, a maximum of four dwelling units
will be permitted in one continuous wall without breaks. A minimum
of two feet offset or break in the front wall shall occur for every
four continuous units. However, individual front walls of each unit
may be offset or broken if so desired, to achieve esthetic composition.
No single building composed of townhouse units shall exceed 12 dwelling
units.
n.
No more than four single family attached dwelling units shall
comprise one related structure.
o.
No outside equipment or area shall be provided for the hanging
of laundry or the outside airing of laundry in any manner. Sufficient
area and equipment shall be made available within each building for
the laundering and artificial drying of laundry of the occupants of
each building. Waste materials and garbage must be privately disposed
of by a method approved by the Township Board of Health.
p.
The minimum dwelling size for each living unit in townhouses,
Senior Citizen Housing or Multi-Family units in terms of net square
feet exclusive of common area shall be:
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efficiencies
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500 square feet
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1 bedroom
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700 square feet
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2 bedroom
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850 square feet
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q.
The maximum coverage of all buildings, inclusive of accessory
buildings, storage buildings, garages, recreation buildings, retail
or sales buildings, shall not exceed 30% of the total gross area.
r.
All streets in the Planned Residential Development shall be
privately owned and maintained. In order to protect the health, safety
and welfare of the residents of the Planned Residential Development,
as well as all other residents of Hazlet Township, the developer shall
be obligated to agree at the time of the developer's agreement with
the Township, that all fire, ambulance and other emergency vehicles
and personnel shall provide services with the Planned Residential
Development whenever the need arises. The developer's agreement shall
also provide that the developer shall immediately comply with N.J.S.A.
39:5A-1 et seq. in order to allow the Police Department of the Township
to patrol the private streets in the Planned Residential Development
and to enforce N.J.S.A. Title 39 as to all existing motor vehicle
laws.
s.
All living units in the Planned Residential Development shall
have the ability to receive cable television in the event it is available
to the community.
t.
Sewage treatment shall be provided for in a manner that complies
with all current local, County and State ordinances, regulations and
statutes. Ownership and maintenance of the sewage treatment facility
shall be provided for by way of a developer's agreement acceptable
to the Governing Body of the Township of Hazlet.
u.
Parking shall be provided at the rate of two spaces for each
dwelling unit. Visitor areas shall be designated within the Planned
Residential Development for parking at the rate of 10% of the total
parking spaces required by the number of units. All parking spaces
shall measure 10 feet by 20 feet and be adequately striped.
v.
The maximum height of any principal building shall be 35 feet.
The maximum height of any accessory building shall be 16 feet.
w.
Accessory Nonresidential Uses:
(i)
Any retail, professional or commercial use compatible
to Planned Residential Development that is designated or intended
to primarily serve the residents of the Planned Residential Development
provided the gross land area allocated to such use does not exceed
2% of the gross land area for commercial or retail use and 2% of the
gross land area for professional use, and is so designated for such
use on all plans submitted by the applicant for approval.
(ii)
All buildings erected for nonresidential purposes
shall be erected by the barrier-free method of construction.
(iii)
Customary accessory or associated uses such as
private garages, storage spaces, recreational and community facilities,
utility buildings, houses of worship and schools shall also be permitted.
A.
Permitted Principal Uses.
1.
Townhomes, which are defined in this district as a one family
dwelling in a row of at least three such units in which each unit
has its own front and rear access to the outside, no unit is located
over another unit and each unit is separated from any other unit by
one- or more vertical common fire-resistant walls and include individual
garages and driveways serving each dwelling. Such townhome dwellings
are designed and constructed as an integral development or complex,
which utilizes such common facilities as pedestrian walks, parking
and garage areas, open space and recreation areas, and sanitary systems.
2.
Stacked Dwellings, which are defined in this district as dwellings
which are separated from other dwellings along the ground plane by
one or more vertical common fire-resistant walls, but which share
that vertical space with one or more additional dwellings. Each individual
dwelling shall have direct access at the ground level that is not
shared with any other dwelling, and shall also be provided with interior
access to an individual garage. Such stacked dwellings are designed
and constructed as an integral development or complex, which utilizes
such common facilities as pedestrian walks, parking and garage areas,
open space and recreation areas, and sanitary systems.
B.
Permitted Conditional Uses. All uses permitted in R-125 Zone District.
D.
Development Standards.
1.
Minimum tract size: four contiguous acres.
2.
The total number of units on Block 66, Lot 1.02 shall be a total
of 44, with six units being available for low to moderate income households
in which the rental rates shall be in a manner consistent with the
regulations of the Council on Affordable Housing at the time of site
plan approval. Of the 38 market rate units, 19 are to be two-bedroom
units and 19 are to be three-bedroom units. The bedroom distribution
for the low to moderate income units will be at the determined by
applicable COAH regulations. A maximum of two such dwellings may be
provided without the provision of an individual garage.
[Ord. No. 1520-13]
3.
Minimum open space. At least 25% of the tract shall remain in
common open space and may include recreation uses, landscaped buffers
and may be encumbered by below-ground utility easements which do not
impede pedestrian access, and elements of stormwater management systems.
4.
The maximum impervious cover of the gross area of the tract
shall not exceed 60%.
5.
The maximum coverage of all buildings, inclusive of accessory
buildings, storage buildings, garages, and recreation buildings shall
not exceed 45% of the total gross tract area.
6.
All buildings must be setback a minimum of 25 feet from any
tract boundary. The building setback may be reduced to not less than
10 feet in depth to accommodate irregularities in the shape of the
lot within limited areas not abutting residentially zoned property.
7.
The area within 20 feet of any tract boundary abutting a residential
zoning district, excluding public rights of ways, shall be considered
a buffer area which shall be free of any above ground accessory structure
other than fencing, retaining walls, storm water drainage facilities
and utilities and shall include landscaping as required under Section
paragraphs F,10 and F,11 below. Where wetlands or other environmental
restrictions would limit additional landscaping the plant materials
otherwise required shall be relocated to appropriate locations to
support the natural buffer. Tract boundaries abutting nonresidential
zoning districts shall be protected with an eight foot high fence
along all such property boundaries within 30 feet of any on-site dwelling.
E.
Building Standards.
1.
Each individual lot intended for development of a townhome or
stacked dwelling shall provide the following minimum setbacks and
lot area requirements. Use of the terms "lot" and "yard" do not mean
that each such designated area must be created by subdivision. This
requirement can be fulfilled through the designation of land areas
within common ownership in condominium form as regulated by the Department
of Community Affairs earmarked or designated for the use and enjoyment
of each dwelling owner.
a.
Front yard: minimum 20 feet.
b.
Rear yard: minimum 20 feet.
c.
Lot Area: minimum 1,800 square feet.
d.
Lot/Building Width minimum: 20 feet.
e.
Porches and decks may intrude into the defined front and rear
yards by a maximum of 10 feet. No obstructions are permitted in the
areas between sides of the buildings, except units with a side entry
may be provided with porches that extend not more than six feet into
the yard.
f.
Balconies may intrude the rear yard by a maximum of eight feet.
g.
No accessory building or structure shall be permitted in the
front yard area of each dwelling and shall not be closer than 10 feet
to any lot line except a shed no larger than eight feet by 10 feet
or 80 square feet and with a maximum 10 feet height may be located
no closer than two feet from the side and rear property line behind
the principal structure.
2.
Each building shall comply with the following standards:
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Maximum number of dwellings per structure
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20 dwellings
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Minimum front to front building separation
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70 feet
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Minimum front to side building separation
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60 feet
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Front to rear building layout is a prohibited orientation.
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Minimum side to side building separation
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20 feet
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Minimum side of building to curb line
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15 feet
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Maximum principal building height (see paragraph 4 below)
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40 feet
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Maximum habitable stories
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3
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Maximum height of accessory buildings
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16 feet
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Maximum Single Axis Building Length
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250 feet
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3.
The Planning Board may reduce, or permit intrusions into, the
above building separation requirements if upon architectural and site
plan review the proposed standards would be detrimental to a proper
and reasonable location of the buildings thereof or the most attractive
use of the land and architectural design of the buildings.
4.
Within this district, "building height" shall be measured from
the average proposed building grade measured within six inches of
the foundation wall at each corner of the overall building and at
each wall location vertically separating dwelling units within the
overall building to the midpoint between the eave and peak at each
such location for peaked roofs and to the peak for all other roof
types. In addition, for all building facades which face residentially
zoned property abutting the subject tract that are not otherwise separated
by other buildings or roadways, the average height as measured as
described above at the corners of the building and at each wall location
vertically separating dwelling units along that plane of the structure
cannot exceed 35 feet.
5.
A maximum of four dwelling units along the ground plane will
be permitted in one continuous wall without an offset. A minimum of
two feet offset or break in the front wall shall occur for every four
continuous units. However, individual front walls of each unit may
be offset or broken if so desired, to achieve aesthetic composition.
F.
Improvement Standards.
1.
All roads shall be paved and curbed in accordance with RSIS
standards.
2.
Interior road pavements designed to serve the development of
a street section that provides for driveway openings on opposite sides
of the road while prohibiting on street parking, shall have a minimum
width of 28 feet.
3.
Any building or structure which cannot properly be served by
emergency or service vehicles from a street or a road abutting the
lot shall be made accessible to such vehicles by a paved driveway.
4.
All utilities including electric, telephone and cable TV lines,
shall be placed underground.
5.
Sidewalk requirements shall be designed in accordance with the
following:
a.
Sidewalks shall have a minimum width of four feet and shall
be located: (1) along both sides of streets internal to the proposed
development; (2) along public streets adjoining the tract, connecting
to existing sidewalks or adjoining uses; and (3) connecting parking
areas to building entrances.
b.
Sidewalks shall be a minimum of six feet where adjacent to head-on
parking.
6.
All parking facilities shall be designed in accordance with
the following:
a.
Parking shall be provided in accordance with the New Jersey
Residential Site Improvement Standards. All parking spaces shall measure
nine feet by 18 feet and be adequately striped.
b.
No parking facility shall be located closer than six feet from
the front lot line. There shall be no parking facilities in the required
buffer area.
[Ord. No. 1520-13]
c.
Landscaping shall be provided in parking areas at the rate of
at least one tree for every six parking spaces. Each tree shall be
at least 2 1/2 inches caliper. These plantings shall be immediately
adjacent to the parking area.
d.
Paving and curbing of all parking areas and driveways shall
be in accordance with RSIS standards. All curbing shall be granite
Belgium block. All common parking areas shall be lighted to provide
a minimum of 0.2 footcandles and the total average illumination of
1.0 footcandles throughout the parking area. Such lighting shall be
shielded in such a manner as to not create a hazard or nuisance to
the adjoining properties or to the traveling public.
[Ord. No. 1520-13]
7.
All dwellings units in the development shall have the ability
to receive cable television in the event it is available to the community.
8.
Sewage treatment shall be provided for in a manner that complies
with all current local, County and State ordinances, regulations and
statutes. Ownership and maintenance of the sewage treatment facilities
shall be provided for by way of a developer's agreement acceptable
to the Governing Body of the Township of Hazlet.
10.
Landscaping shall be provided in compliance with the following
standards:
a.
A landscaping plan prepared by a certified landscape architect
shall be submitted with each subdivision or site plan application.
The plan shall identify existing and proposed trees, shrubs, bushes,
plant material, ground cover, and natural features. The plan shall
show where they are or will be located and planting and/or construction
details. When existing natural growth is proposed to remain, the applicant
shall include in the plans proposed methods to protect existing trees
and growth during and after construction. A plant list and planting
details shall be provided as well as a landscaped maintenance plan
to be reviewed and approved by the Board Engineer.
b.
All non-paved areas shall be suitably landscaped with trees,
shrubs, grass, and other suitable materials.
c.
Deciduous trees shall have at least a 2 1/2 inches caliper
at planting and evergreen trees shall be at least six feet tall. Shrubs
shall be at least two feet tall at planting.
11.
Landscape Buffer Requirements:
a.
A twenty-foot wide landscape buffer shall be provided along
the perimeter of the tract abutting residential zoning districts,
except where adjacent to public streets.
b.
The buffer plantings shall provide a continuous screen along
the property line. If the buffer includes existing growth of evergreen
or deciduous trees, existing specimen trees and selected other trees
and shrubbery shall remain and be supplemented by additional evergreen
plantings approved by the Planning Board to provide the required landscape
screen.
c.
The buffer may be supplemented by a fence to provide screening.
The fence is permitted to be a maximum height of eight feet around
the perimeter of the site, with the exception of the area between
the street and the front building line, then the fence shall be four
feet in height and 50% open. This requirement shall supersede fencing
requirements in Section 181-408.7 of the Development Review Ordinance.
[Ord. No. 1520-13]
d.
Buffer areas shall be maintained and kept clean of all debris,
rubbish, weeds, tall grass and dead trees by the owner. Any fences
and screen planting shall be maintained permanently, and material
which does not survive one year or one growing season shall be replaced.
All plantings which do not survive the first 12 months following certification
shall be replaced by the builder/developer or homeowners' association
at no cost to the Township within 60 days of written notification.
e.
The base of all sides of a building shall be planted with foundation
plantings consisting of evergreen and/or semi-evergreen shrubs and
trees. Such plantings shall be a minimum of two feet high at time
of planting and spaces an average of three feet on center. This foundation
planting requirement shall not apply to the sides of buildings that
are directly abutting a public right-of-way or where walkways abut
the building. Supplemental plantings may be required at the discretion
of the Board.
[Ord. No. 1520-13]
f.
Street trees shall be installed on both sides of all public
and private streets in accordance with an approved landscape plan.
Trees shall be spaced evenly along the street in a location 10 feet
behind the curbline at an interval no greater than 55 feet on center
and no less than 35 feet on center.
[Ord. No. 1520-13]
g.
A landscaped or otherwise appropriate delineation shall be provided
on the driveways that serve more than one unit.
[Ord. No. 1520-13]
12.
Recreation Requirements:
a.
The site shall contain one play area that includes play equipment
targeted at developmental needs of preschool children and provides
sitting area for supervising parents. The area must include a minimum
of 1,200 square feet.
b.
The site shall contain at least one area for outdoor gathering
in a separate location including benches, at least two tables with
seating, a trash receptacle and a suitable, graded area for residents
to bring grills or similar devices on a temporary basis.
G.
Other Requirements.
1.
The landowner shall provide for the establishment of a homeowners'
or similar organization for the ownership and maintenance of any common
open space and such organization shall be established and regulated
by all applicable standards and conditions of State statute, unless
the Township will accept conveyance of open space to municipality.
2.
Community identification signage may be provided by a monument
sign, not to exceed 50 square feet in area on each side, inclusive
of all elements. Materials shall include stone, wood (including simulated
wood products), and other masonry products. The sign may not be internally
illuminated.
3.
All streets in the development shall be privately owned and
maintained. In order to protect the health, safety and welfare of
the residents of the planned development, as well as all other residents
of Hazlet Township, the developer shall be obligated to agree at the
time of the developer's agreement with the Township, that all fire,
ambulance and other emergency vehicles and personnel shall provide
services with the development whenever the need arises. The developer's
agreement shall also provide that the developer shall immediately
comply with N.J.S.A. 39:5A-1 et seq. in order to allow the Police
Department of the Township to patrol the private streets and to enforce
N.J.S.A. Title 39 as to all existing motor vehicle laws.
[Ord. No. 1467-09]
H.
Architectural Design Standards.
1.
Building wall offsets, including both projections and recesses,
shall be provided along any building wall measuring greater than 55
feet in length in order to provide architectural interest and variety
to the massing of the building and relieve the negative visual effect
of a single, long wall.
2.
The visible exposed front and sides of a building shall have
an articulated base course and a cornice the base course shall be
traditionally proportionate to the overall horizontal and vertical
dimensions of a facade and shall align with either the kick plate
or sill level of the first story. The cornice shall terminate the
top of a building wall, may project out horizontally from the vertical
building wall plane and shall be ornamented with moldings, brackets
and other details that shall be appropriate to the architectural style
of a building. Building courses shall be architecturally compatible
with the style, materials, colors and details of the building.
[Ord. No. 1520-13]
[Ord. No. 1467-09 renumbered this subsection]
A.
Permitted Principal Uses. Mobile homes in mobile home parks subject
to the conditions outlined in this section.
B.
Permitted Accessory Uses. Same as in R-125 Zone District.
C.
General Requirements.
1.
Overall gross density for mobile home parks shall not exceed
eight mobile homes per acre.
2.
Each mobile home site shall be consistent with the provisions
of the Uniform Construction Code.
3.
Each mobile home park shall be graded and drained so that rain
water will not stand in pools or puddles.
4.
Each mobile home site shall be clearly designated and the mobile
home park so arranged that all mobile homes shall face or abut on
a driveway having a right-of-way of not less than 40 feet in width,
giving easy access from all mobile homes to a public street. Driveways
shall be surfaced and maintained in good condition, having proper
drainage, shall be well lighted at night, and shall not be obstructed.
5.
Every mobile home shall be furnished with an electric service
outlet. Such outlets shall be equipped with an externally operated
switch or fuse of not less than 30 amperes capacity, and a heavy duty
outlet receptacle.
6.
An adequate supply of pure water, furnished through a distribution
system connected directly with a public utility water main shall be
furnished for each mobile home for drinking and domestic purposes.
7.
An abundant supply of hot water shall be provided at all times
for bathing, washing, and laundry facilities.
8.
All waste from showers, toilets, laundries, faucets and lavatories
shall be disposed of into a sanitary sewer system.
9.
Each faucet site shall be equipped with facilities for drainage
of waste and excess water into a sewer. In no case shall any waste
be thrown or discharged upon the surface of the ground or disposed
of by means other than as herein provided.
10.
Every mobile home shall have a substantially fly-tight metal
garbage depository from which the contents shall be removed at least
once a week.
11.
There shall be maintained in convenient places hand fire extinguishers
approved by the Board of Fire Chiefs in the ratio of one to each eight
mobile homes.
12.
Each mobile home shall have displayed prominently and facing
the street, its lot or site number in reflective numerals at least
five to six inches in height.
13.
Signs shall be erected at all street corners designating the
street and the numbers of the lots or sites contained along said street.
14.
Rear exit doors from mobile homes shall be equipped with movable
stairs to permit easy access in case of emergency and shall be kept
free from obstructions.
15.
Every mobile home shall be equipped with a heating system of
the type and method of installation as shall meet the requirements
of the provisions of any act of the New Jersey Legislature or regulations
promulgated thereunder and pertaining to the type of heating systems
and method of installation thereof in mobile homes.
16.
No mobile home shall be located within 20 feet of any other,
within five feet of any driveway or parking space, within 40 feet
of any mobile park boundary that is not the right-of-way line of a
street.
17.
Adequate buffering, at least 20 feet in width, shall be located
along all boundaries of each mobile home park, except when it is crossed
by driveways.
18.
Each mobile home shall be located on a lot having an area of
at least 3,200 square feet, provided, however, that no motor vehicle
shall be parked on any lot having an area of less than 4,000 square
feet.
19.
Each street and parking area in any mobile home park shall be
bounded by a sidewalk at least three feet wide.
20.
Minimum street paving widths in mobile home parks shall be as
follows:
|
No parking on street
|
one-way - 14 feet; two-way - 20 feet
|
|
Parallel parking on one side
|
one-way - 20 feet; two-way - 30 feet
|
|
Parallel parking on both sides
|
one-way - 26 feet; two-way - 36 feet
|
21.
No mobile home shall be occupied unless it is supported on masonry
blocks or jacks, connected to utilities, and provided with skirting,
from the bottom of the wall to the ground, made of aluminum or other
durable material.
22.
A zoning permit shall be required for all mobile homes with
porches (open or closed) and/or with sheds. The signed written consent
of the mobile home park owner shall be a requirement for all applications
for such zoning permits together with a formal survey depicting the
same.
23.
A mobile home with an open porch shall be at least seven feet
from another mobile home. A mobile home with a closed porch shall
be at least 10 feet from any other mobile home. An open or closed
porch must be at least five feet from any driveway or parking space.
24.
Paver Patios shall be at least four feet from any other mobile
home and at least five feet from any driveway or parking space.
[Ord. No. 1571-2015]
25.
A shed shall be at least seven feet from any other mobile home.
No shed shall be permitted to be in front of the mobile home. One
shed per mobile home permitted with a maximum size of any shed limited
to 100 square feet and shall not be higher than 12 feet at its highest
point from grade level. A shed must be at least five feet from any
driveway or parking space.
[Ord. No. 1571-2015]
26.
The replacement of an existing mobile home shall be either the
same size unit or if unavailable, the next commercially available
size unit, unless the required twenty-foot setback is adhered to per
Section 181-403.07C-16. All other sized mobile units in excess of
the next commercially available size not meeting the twenty-foot setback
shall require a variance from the Land Use Board.
[Ord. No. 1571-2015]
27.
All complaints in respect to a nonconforming mobile home shall
be made to the Construction Code Official.
[Ord. No. 1571-2015]
[Ord. No. 1467-09 renumbered this subsection]
A.
Permitted Principal Uses. A housing development with priority for
senior citizens as the term is defined from time to time by the United
States Department of Housing and Urban Development and/or the New
Jersey Housing Finance Agency.
B.
Development Standards.
1.
Area and Yard Requirements.
a.
Maximum density: 60 dwelling units per acre.
b.
Minimum front yard setback: 50 feet.
c.
Minimum side yard setback: 50 feet each.
d.
Minimum rear yard setback: 50 feet.
e.
Maximum building height: eight stories or 100 feet.
f.
Minimum open space area: 20%.
g.
Minimum outdoor recreation area: 5%.
h.
Parking spaces per unit: 1.5.
i.
Buffer zone to NJ State Highway 35: 20 feet.
j.
Maximum building coverage: 20%.
2.
Minimum gross floor area per dwelling unit (in square feet).
|
Efficiency
|
400 square feet
|
|
One-Bedroom
|
575 square feet
|
|
Management Unit (1 per development)
|
800 square feet
|
3.
Additional standards and regulations.
a.
All utilities provided shall be approved by local, County and
State Agencies in accordance with a plan submitted and approved by
the Township Engineer. Sanitary sewerage facilities shall be approved
by the Hazlet Township Sewerage Authority and/or its successor entity.
b.
All wiring for utilities shall be underground.
c.
Curbs and sidewalks shall be required. The parking areas shall
be connected by sidewalks to the principal building.
d.
Barrier-free construction shall be utilized in accordance with
State law.
e.
All parking areas shall be paved, subject to the construction
standards and supervision of the Township Engineer.
f.
The Senior Citizen Housing Development landscaping shall be
designed by a licensed landscape architect and constructed in accordance
therewith. The Planning Board of Hazlet Township, upon review, may
require additional landscaping and screening enhancing the character
of the site as well as the areas surrounding the recreational sector.
Shade trees of at least four-inch caliper shall be provided along
roads, walkways and parking areas where activity and recreation may
occur.
g.
All lighting shall be of low intensity, directed away and down
from the residential use of the property and located in accordance
with a submitted lighting plan satisfactory to the Planning Board.
h.
One freestanding identification sign shall be permitted, not
exceeding 40 square feet in area.
C.
Special Regulations.
1.
There shall be a minimum of two elevators with cab handrails
at a minimum height of two feet nine inches.
2.
The front entrance shall be designed so that passengers can
be discharged from cars under cover, provided, however, no canopy
or similar structure shall be required over any adjoining driveway,
roadway or street.
3.
All units shall be provided with a smoke detector and an operating
safety alarm system for each unit.
4.
An emergency generator shall be installed under specifications
satisfactory in writing to the Township by the New Jersey Housing
Finance Agency.
5.
Each unit shall be equipped with an air conditioning system,
subject to the approval of the New Jersey Housing Finance Agency.
6.
A master television antenna will be installed for the occupants
of said building.
7.
Bathtubs shall be at least five feet in length and have a minimum
outside length of 30 inches. They shall be provided with adequate
grab-bars and slip-resistant tub surfaces.
8.
Grab-bars at the water closets are required.
9.
Within the building adjacent to the central assembly room, a
public toilet facility for men and women shall be provided.
10.
Building construction shall be in conformity with all Federal,
State, County and local regulations as to design, fireproofing and
safety and as required by the Housing Finance Agency.
11.
The heating system shall be capable of maintaining a temperature
of 75° F. at a height of six inches from the floor.
12.
All dwelling units should, insofar as practicable, be insulated
from sources of excessive noise, both from within and without the
building. Floors, except concrete floors six inches or more in thickness,
shall be insulated and windows weather-stripped and either double-glazed
or provided with storm sash.
PLEASE NOTE: BULK REQUIREMENTS ARE DIFFERENT FOR ASSISTED LIVING
SEE SECTION 181-409.02
[Ord. No. 1467-09 renumbered this subsection]
A.
Permitted Principal Uses. Senior citizen housing for residents over
62 years of age.
B.
Development Standards.
1.
The total number of dwelling units shall not exceed 16 times
the total acreage of the tract, subject to complying with the specifications
below.
2.
The horizontal spacing between dwelling unit buildings on the
tract shall not be less than 15 feet.
3.
Dwelling unit buildings shall not be closer than 10 feet to
any internal street, drive or parking area curb line.
4.
Dwelling unit buildings shall not be closer than 50 feet to
any community building, recreation center or other such formally established
area for group activities that may be established with the project.
5.
Dwelling unit buildings shall not be longer than 120 feet on
its longest rectangular dimensions and the facades of the buildings
shall be designed to provide visual interest and/or variety.
6.
No more than 12 dwelling units shall be permitted in any dwelling
unit building.
7.
No dwelling unit shall contain less than 400 square feet of
gross floor area.
8.
Each dwelling unit shall have a private (not shared in a common
hall) ground floor entrance.
9.
The off-street parking plan shall provide for a capacity of
at least 1.5 parking spaces for each dwelling unit. All such spaces
shall be conveniently located to the dwelling units to which they
relate and shall measure at least 10 feet wide by 20 feet deep. The
developer may propose initial construction of every off-street parking
spaces but Township approval of such lesser initial construction shall
not relieve the developer of his responsibility to construct additional
spaces in the future, upon direction of the Township Committee, should
it be determined that the actual occupancy of the project proves the
developer's proposed initial construction inadequate. The developer
shall post a three-year bond, or other security, covering the cost
of such additional construction of off-street parking spaces (*difference
between initial construction and the initial spaces shown on the parking
plan) with the term commencing with the issuance of the certificate
of occupancy for the first dwelling unit constructed.
10.
Internal drives, roads and parking areas shall not be closer
than five feet to any side or rear lot line and the area between such
lot, lines and drives, roads and parking areas, shall be attractively
landscaped with shrubs, trees, ground cover and live or man-made fence
screening materials.
11.
All internal roads, drives, parking areas, walkways and outdoor
community assembly and recreation areas shall be appropriately dominated
between the hours of sunset and sunrise.
12.
Each senior citizen housing project shall have a community center
recreation building of a size adequate to serve the needs of the anticipated
residents.
13.
All of the ground areas of the site not devoted to building
and paved areas shall be attractively landscaped in accordance with
a landscape plan prepared by a licensed landscape architect; said
plan to be a part of the application of site plan review.
14.
The developer shall file a written management plan with his
application for site plan review. Among other things, the management
plan shall set forth the manner in which the dwelling units shall
be made available and offered to senior citizens on a preferential
basis, giving priority to those senior citizens of Hazlet with those
among this group that are the oldest and most distressed and in the
event that all or the dwelling units cannot be rented to that group,
however they shall be made available to the next oldest individuals
in line and then to senior citizens of other communities and finally
to the public without regard to age or circumstances if otherwise
available for rent to the elderly. The Management plan shall also
include tenants' rules and regulations, repair and maintenance schedules
and a full description of all facets of the proposed development and
the intended manner of its operation designed to achieve a development
especially suited to be attractive for occupation by elderly persons.
15.
A Senior Citizens Advisory Board shall be appointed by the Mayor
for each Senior Citizen Project within 45 days following the date
the developer files an application for site plan review. Each Senior
Citizens Advisory Board shall consist of not less than three nor more
than five members whose initial terms of appointment shall be staggered
so that not more than one member's term shall expire in any one year.
Successive appointments shall be for a number of years equal to the
number of members on each such Board. Any vacancies shall be filled
by appointment by the Mayor for the unexpired term. The Mayor shall
make appointments to Senior Citizens Advisory Board from among senior
citizens, clergy and businessmen of Advisory Board. The Senior Citizens
Advisory Board for each development shall help the developer/sponsor
enforce the management plan for making dwelling units available on
the preferential bases as set forth in paragraph 14 above and may
be called upon for advice or other matters related to operation and
management of each project.
[Ord. No. 1467-09 renumbered this subsection]
A.
Permitted Uses. Permitted Principal Uses: townhouse dwellings, multi-family
dwellings, patio homes and cluster single family residences.
B.
CLUSTER SINGLE FAMILY UNITS
MULTIPLE UNIT DWELLING
PATIO HOMES
TOWNHOUSE DWELLING
Definitions.
A detached dwelling for a single family incorporated as part
of a planned residential development which shall include common areas
for buffer zones, detention basins, or other design features required
for the general benefit of the overall development. The cluster single
family units shall be conveyed in fee simple, and the common elements
shall be conveyed to a homeowner association or to the municipality
in the event municipality will accept same.
A building designed for, or containing three or more dwelling
units, which are entirely separated from each other by vertical walls
or horizontal floors, unpierced, except for access to outside or a
common cellar.
A single family dwelling on a separate lot with open space
setbacks on three sides with an open court or patio space. Patio homes
may be located on a lot in such a manner that one or more of the dwelling's
sides rest on a lot line; in which case they are known as zero lot
line homes.
[Ordinance No. 1421-07 adopted 10-16-2007]
A multiple dwelling building, characterized by individual
dwelling units on individual lots, each unit consisting of a maximum
of two habitable floors with a common fire wall between contiguous
units. Such townhouse dwelling is designed and constructed as an integral
development or complex, which utilizes such common facilities as pedestrian
walks, parking and garage areas, open space and recreation areas,
and sanitary systems.
C.
Area and Bulk Requirement Schedule.
1.
Maximum permitted gross density:
a.
Seven (7.0) Dwelling Units shall be permitted per acre in the
event that the tract shall be developed as either multi-unit dwellings
and/or townhouse dwellings.
b.
Five (5.0) Dwelling Units shall be permitted per acre in the
event that the tract shall be developed as either patio homes or cluster
single family dwellings.
c.
All lands defined as a Drainage Right-of-Way as per Ordinance
No. 201 shall not be includable in computing density. All lands defined
as wetlands or flood plain outside the said Drainage Right-of-Way
shall be permitted five (5.0) dwelling units/acre.
2.
Frontage: Tract must have a minimum of 300-foot frontage on
any collector, secondary or primary arterial roadway as designated
on the Master Plan.
3.
Setbacks for multi-family and townhouse developments shall be
that the buildings must be set back a minimum of 40 feet from any
property line. The minimum distance between any multi-family and/or
townhouse buildings shall be:
|
Front to front
|
60 feet
|
|
Front to rear
|
60 feet
|
|
Rear to rear
|
60 feet
|
|
Side to side
|
30 feet
|
|
Side to rear
|
40 feet
|
|
Side to front
|
40 feet
|
|
The maximum coverage of all buildings, inclusive of accessory
buildings, storage buildings, garages, community buildings, shall
not exceed 25% of the total gross area of the tract.
| |
4.
Setback requirements for Patio Homes or Single Family Cluster
Homes shall be as follows:
|
Minimum front yard
|
20 feet
|
|
Minimum rear yard
|
20 feet
|
|
Minimum side yard
|
5 feet
|
|
Minimum total side yard
|
15 feet
|
|
Minimum distance between buildings
|
15 feet
|
|
Minimum lot width (measured at setback line)
|
40 feet
|
|
Minimum lot depth
|
80 feet
|
|
Minimum lot area
|
3,200 square feet
|
|
Maximum coverage per lot 35% - building only, excluding driveway
| |
5.
Maximum percentage of total impervious cover of the total gross
area of the tract shall not exceed 60%.
D.
Architectural design.
1.
The maximum height of any principal building shall be 35 feet
or 2 1/2 stories.
2.
Minimum floor area requirements for each permitted use within
this zone is as follows:
|
1 bedroom:
|
900 square feet
|
|
2 bedroom:
|
1,100 square feet
|
|
3/4 bedroom:
|
1,400 square feet
|
3.
Each multi-family building shall be provided with a mix of one
and two bedroom units. The percentage of two bedroom units to the
total number of dwelling units shall not exceed 80%.
4.
Each townhouse building shall be provided with a mix of two
and three bedroom units. The percentage of three bedroom units to
the total number of dwelling units shall not exceed 40%.
5.
Each Patio Home development shall be provided with a mix of
two and three bedroom units. The percentage of three bedroom units
to the total number of dwelling units shall not exceed 70%.
6.
Each single family cluster home development shall be provided
with a mix of three and four bedroom units. The percentage of four
bedroom units shall not exceed 80%.
7.
Each unit shall include a minimum of 200 cubic feet of outside
storage space unless said unit is provided with a garage. If a garage
is provided then it shall be sized to accommodate a vehicle as well
as limited storage.
8.
If the tract is developed as a multi-family, townhouse, patio
home or cluster single family development, the architectural design
for each type of housing unit shall be approved by the Planning Board.
The Planning Board is to encourage innovative design and pleasing
aesthetics.
[Ordinance No. 1421-07 adopted 10-16-2007]
a.
There shall be a mix of townhouse, and multi-family units. A
minimum of 25% of either townhouses or multi-family shall be provided.
b.
No single townhouse or multi-family building shall exceed 12
units or 160 feet in length. However, the percentage of 12 unit buildings
to the total number of buildings shall not exceed 80%.
c.
All building types shall incorporate a minimum of four feet
offset or break in the front wall, intended to mean not less than
one break for each three dwelling units incorporated within the building.
d.
If cluster single family or patio homes are developed, there
will be a minimum of three different elevations provided.
E.
Improvement Requirements.
1.
Interior roads shall have a minimum width of 30 feet and shall
be paved and curbed in accordance with Township roadway standards.
Interior roads shall be considered site collector roads which have
on street parking one side of the road only. All interior roads shall
be deeded to the Township of Hazlet upon completion and acceptance.
2.
Parking requirements: Parking shall be provided at the rate
of two spaces for each dwelling unit. All parking spaces shall measure
10 feet by 18 feet. Garages, with adequate driveways, may be considered
as equivalent of two parking spaces for the purpose of this provision.
An additional five-tenths (0.5) spaces per dwelling unit must be provided
for visitor parking.
3.
Parking facilities for multi-family and townhouse developments
shall be designed in accordance with the following:
a.
There shall be an aisle width of 24 feet provided between parking
stalls.
b.
The minimum distance between a building and parking area shall
be 20 feet.
c.
For Townhouse, Multi-Family development, landscaping shall be
provided in parking areas at the rate of at least one tree for every
six parking spaces. Each tree shall be at least 2 1/2 caliper.
These plantings shall be immediately adjacent to the parking area.
4.
Parking facilities for patio homes and cluster single family
units shall be designed in accordance with the following:
5.
All parking facilities regardless of use shall be designed in
accordance with the following:
a.
There shall be no parking facilities in the required buffer
area, or within 25 feet of any property line.
b.
Paving and curbing of all parking areas shall be in accordance
with existing Township standards. All curbing shall be granite belgium
block.
c.
All common parking areas shall be lighted to provide a minimum
of three footcandles at intersections and a total average illumination
of 0.3 footcandles throughout the parking area. Such lighting shall
be shielded in such a manner as not to create a hazard or nuisance
to the adjoining properties or to the traveling public.
6.
Sidewalk requirements shall be designed in accordance with the
following:
a.
For Townhouse, Multi-Family development, sidewalks shall be
provided from common parking areas to buildings which they serve.
Sidewalks shall be a minimum of six feet where adjacent to head-on
parking.
b.
Sidewalks shall be installed from building to building to provide
a complete pedestrian circulation pattern throughout the site. All
other sidewalks to meet requirements of Hazlet zoning ordinance.
c.
All sidewalks shall be installed in accordance with requirements
of the Development Review Ordinance of the Township of Hazlet. In
the patio or cluster single family home developments, the Planning
Board shall be entitled to review a waiver request, if made, for sidewalks
to be developed on one side of the roadways only, taking into consideration
but not limited to the desirability of limiting impervious surfaces
within the aforesaid developments.
7.
All drainage facilities and storm water detention systems shall meet the standards, specifications, and design criteria as set forth in Section 181-515 of this Ordinance and shall be subject to the approval of the Township Engineer.
8.
A landscaping plan prepared by a certified landscape architect
shall be submitted with each subdivision site plan application. The
plan shall identify existing and proposed trees, shrubs, bushes, plant
material, ground cover, and natural features. The plan shall show
where they are or will be located and planting and/or construction
details. When existing natural growth is proposed to remain, the applicant
shall include in the plans proposed methods to protect existing trees
and growth during and after construction. A plant list and planting
details shall be provided as well as a landscaped maintenance plan.
F.
Buffer Requirements.
1.
Where a lot adjoins a railroad right-of-way, a twenty-five foot
landscaped buffer area shall be provided. Where a lot adjoins a commercial
or business zone, a ten-foot landscape buffer area shall be provided.
2.
If the buffer area which abuts a commercial or business zone
or use includes existing growth of evergreen or deciduous trees and
shrubbery, but not enough to provide a suitable screen as required,
existing specimen trees and selected other trees and shrubbery shall
remain and be supplemented by additional evergreen plantings approved
by the Planning Board to provide the required landscape screen.
3.
The landscaped buffer area which abuts a railroad right-of-way
shall consist of an earthen berm and plantings. Said berm shall be
four feet high with a four-foot top width and two to one slopes. The
top of the berm shall be planted with a single row of evergreens staggered
planted five-foot to six-foot high and 10 feet on center. Also, deciduous
trees shall be properly placed at the base of the berm in sufficient
quantity to provide a solid screen over and above the evergreens.
4.
Buffer areas shall be maintained and kept clean of all debris,
rubbish, weeds, tall grass and dead trees by the owner. Any fences
and screen planting shall be maintained permanently, and material
which does not survive one year or one growing season shall be replaced.
All plantings which do not survive the first 12 months following certification
shall be replaced by the builder/developer at no cost to the Township
within 60 days of written notification.
G.
Recreational/Community Facilities.
1.
Common area recreational requirements shall be as follows:
a.
If the tract is developed as multi-family and/or townhouse homes,
the developer shall include either a swimming pool or community building.
If a swimming pool is provided, it must be constructed in conformance
with the standards of the New Jersey State Sanitary Code titled "Public
Recreational Bathing," as adopted. This code will also designate size
and/or number of pools required. This requirement shall not apply
for tracts developed as patio homes or single family cluster homes.
b.
If the tract is developed as a multi-family or townhouse development,
it shall include a community building which shall include catering
facilities, meeting room and game rooms. Said community building shall
be sized sufficiently to accommodate the number of proposed units
as per accepted standards, and as approved by the Planning Board.
This requirement may be waived in the event that the developer elects
to substitute a swimming pool as provided above. This requirement
shall not apply for tracts developed as patio homes or single family
cluster homes.
2.
Garbage storage shall be provided as follows:
a.
Adequate facilities shall be provided for the handling of garbage
and other refuse by providing a solid structure enclosed on six sides.
b.
Provisions within each structure shall allow for the separation
of materials for recycling.
c.
If garages are provided, the Planning Board shall waive the
requirement for separate dumpster facilities.
H.
Development Requirements.
1.
All utilities including electric, telephone and cable TV lines,
shall be placed underground.
2.
The landowner shall provide for the establishment of a homeowners'
or similar organization for the ownership and maintenance of any common
open space, and such organization shall be established and regulated
by all applicable standards and conditions of state statute, unless
Township will accept conveyance of open space to municipality.
3.
Streets in the PRD Zone shall be conveyed to the municipality
upon completion of the streets and acceptance by the municipality.
4.
Developments shall receive subdivision or site plan approval
and shall have public or private central water supply and a central
sanitary sewer system approved by appropriate State and local agencies.
5.
Developments shall be bound to a unified architectural scheme.
Adequate controls shall be established to prevent departures from
the approved architectural scheme and all permissible variations,
additions and modifications shall be clearly set forth in the architectural
controls and reviewed by the Planning Board during the application
for preliminary approval. All units shall be part of a homeowners
association, which shall be charged with primary responsibility for
maintaining the architectural controls.
6.
The unified architectural scheme shall address architectural
landscaping and amenity controls so that the overall project appearance
is coordinated and interrelated. Items to be addressed shall include
the color and exterior of materials of proposed buildings, fences,
walls and other structures and proposed landscaping, including screening
materials and foundation plantings.
7.
To promote privacy, fences may be located along the front, side
or rear lot lines, and walls may be located along the rear lot line
and side lot line beyond the front yard. All fences and walls shall
be compatibly designed in relation to all other fences and walls,
but may be distinguished by such design features as color and materials.
8.
Windows may be provided on the first and second story of dwelling
units, provided that the windows along the side of adjoining units
shall be offset and not opposing in order to promote privacy.
[Ordinance No. 1421-07 adopted 10-16-2007]
[Ord. No. 1467-09 renumbered this subsection]
A.
Permitted Uses. Townhouse dwellings, multifamily dwellings and patio
homes for permanent residents with at least one member of the household
being 45 years of age and over and meeting the criteria of the Federal
Fair Housing Act, Public Law 100-430, as may be amended.
B.
Area and Bulk Requirement Schedule.
1.
Minimum tract size: 16 contiguous acres.
2.
Maximum permitted gross density: nine dwelling units per acre.
All lands defined as a Drainage Right-of-Way shall not be includable
in computing density. All lands defined as wetlands or flood plain
outside the said Drainage Right-of-Way shall be permitted 4.5 dwelling
units/acre.
3.
Frontage: Tract must have a minimum of 300-foot frontage on
any collector, secondary or primary arterial roadway as designated
on the Master Plan.
4.
Setbacks: Buildings must be set back a minimum of 50 feet from
any property line.
5.
The minimum distance between buildings shall be:
|
Front to front
|
60 feet
|
|
Front to rear
|
60 feet
|
|
Rear to rear
|
60 feet
|
|
Side to side
|
30 feet
|
|
Side to rear
|
40 feet
|
|
Side to front
|
40 feet
|
6.
The maximum height of any principal building shall be 35 feet
or two stories.
7.
The maximum coverage of all buildings, inclusive of accessory
buildings, storage buildings, garages, community buildings, shall
not exceed 25% of the total gross area of the tract.
8.
Maximum percentage of total impervious cover of the total gross
area of the tract shall not exceed 60%.
9.
Minimum floor area requirements for each dwelling unit is as
follows:
|
1 bedroom
|
900 square feet
|
|
2 bedroom
|
1,100 square feet
|
10.
Each building shall be provided with a mix of one and two bedroom
units. The percentage of two bedroom units to the total number of
dwelling units shall not exceed 80%.
11.
Each unit shall include a minimum of 200 cubic feet of outside
storage space unless said unit is provided with a garage. If a garage
is provided then it shall be sized to accommodate a vehicle as well
as storage.
C.
Improvement Requirements.
1.
Interior roads shall have a minimum width of 28 feet and shall
be paved and curbed in accordance with Township roadway standards.
Interior roads shall be considered site collector roads that do not
function as aisles for parking facilities.
2.
Parking facilities shall be designed in accordance with the
following:
a.
Parking shall be provided at the rate of 2.25 spaces for each
dwelling unit. Additional parking shall be provided at the recreation
facility at the rate of one parking space per 10 residential units.
All parking spaces shall measure 10 feet by 20 feet and be adequately
striped. Garages, with adequate driveways, where provided may be considered
as equivalent of 1.75 parking spaces for the purpose of this provision.
An additional 0.5 space per dwelling unit must be provided for visitor
parking.
b.
There shall be no parking facilities in the required buffer
area, or within 25 feet of any property line.
c.
An aisle width of 24 feet shall be provided between parking
stalls.
d.
The minimum distance between a building and parking area shall
be 20 feet.
e.
Paving and curbing of all parking areas shall be in accordance
with existing Township standards.
f.
All parking areas shall be lighted to provide a minimum of three
foot-candles at intersections and a total average illumination of
0.3 foot-candles throughout the parking area. Such lighting shall
be shielded in such a manner as not to create a hazard of nuisance
to the adjoining properties or to the traveling public.
g.
Landscaping shall be provided in parking areas at the rate of
at least one tree for every six parking spaces. Each tree shall be
at least 2 1/2 inches caliper. These plantings shall be immediately
adjacent to the parking area.
3.
All curbing shall be granite Belgium block.
4.
Sidewalks shall be provided from common parking areas to building
that they serve. Sidewalks shall be a minimum of four feet in width,
except a minimum of six feet where adjacent to head-on parking. Sidewalks
shall be installed from building to building to provide a complete
pedestrian circulation pattern throughout the site.
5.
All drainage facilities and storm water detention systems shall meet the standards, specifications, and design criteria as set forth in Section 181-515 of this Ordinance and shall be subject to the approval of the Township Engineer.
6.
A landscaping plan prepared by a certified landscape architect
shall be submitted with each site plan application. The plan shall
identify existing and proposed trees, shrubs, bushes, plant material,
ground cover, and natural features. The plan shall show where they
are or will be located and planting and/or construction details. When
existing natural growth is proposed to remain, the applicant shall
include in the plans proposed methods to protect existing trees and
growth during and after construction. A plant list and planting details
shall be provided as well as a landscaped maintenance plan.
a.
All non-paved areas shall be suitably landscaped with trees,
shrubs, grass, and other suitable landscaping materials.
b.
Landscaped areas shall be provided with automatic underground
sprinkler system.
c.
Particular attention should be provided to watering landscaped
berm areas.
d.
Deciduous trees shall have at least a 2 1/2 inches caliper
at planting and evergreen trees shall be at least six feet tall. Shrubs
shall be at least two feet tall at planting.
7.
Where a lot adjoins a railroad right-of-way, an existing commercial
or business zone or use, a twenty-five-foot landscaped buffer area
shall be provided. If the buffer area which abuts a commercial or
business zone or use includes existing growth of evergreen or deciduous
trees and shrubbery, but not enough to provide a suitable screen as
required, existing specimen trees and selected other trees and shrubbery
shall remain and be supplemented by additional evergreen plantings
approved by the Planning Board to provide the required landscape screen.
The landscaped buffer area that abuts a railroad right-of-way shall
consist of an earthen berm and plantings. Said berm shall be four
feet high with an eight-foot top width and two to one slopes. The
top of the berm shall be planted with a double row of evergreens staggered
planted, six feet to eight feet high and 10 feet on center. Also,
deciduous trees shall be properly placed at the base of the berm in
sufficient quantity to provide a solid screen over and above the evergreens.
Buffer areas shall be maintained and kept clean of all debris, rubbish,
weeds, tall grass and dead trees by the owner. Any fences and screen
planting shall be maintained permanently, and material that does not
survive one year or one growing season shall be replaced. All plantings
that do not survive the first 12 months following certification shall
be replaced by the builder/developer at no cost to the Township within
60 days of notification.
8.
A minimum of percent of the total net tract area shall be utilized,
designed and improved by the applicant for recreational facilities.
Swimming pool or pools may be provided and if provided, must be constructed
in conformance with the standards of the New Jersey State Sanitary
Code titled "Public recreational Bathing," as adopted. This code will
also designate size and/or number of pools required. Community building
shall be provided and shall include catering facilities, meeting room
and game rooms. Said community building shall be sized sufficiently
to accommodate the number of proposed units as per accepted standards;
and as approved by the Planning Board.
9.
Adequate facilities shall be provided for the handling of garbage
and other refuse by providing a solid structure enclosed on six-sides.
Provisions within each structure shall allow for the separation of
materials for recycling. If garages are provided the Planning Board
may waive the requirement for separate dumpster facilities.
10.
Architectural design for each type of housing unit shall be
approved by the Planning Board. The Planning Board will require a
variation of architectural design. The intent of the Planning Board
is to encourage innovative design and pleasing aesthetics.
a.
There shall be a mix of townhouse, and multi-family or patio
home units. A minimum of 25% of either townhouses or multi-family
and patio homes shall be provided.
b.
No single building shall exceed 12 units or 160 feet in length.
However, the percentage of 12 unit buildings to the total number of
buildings shall not exceed 80%.
c.
All building types shall incorporate a minimum of four feet
offset or break in the front wall.
11.
All utilities including electric, telephone and cable TV lines,
shall be placed underground.
12.
No outside equipment or area shall be provided for the hanging
of laundry or the outside airing of laundry in any manner. Sufficient
area and equipment shall be made available within each dwelling unit
for the laundering and artificial drying of laundry of the occupants
of each dwelling unit.
13.
All streets in the PAC shall be privately owned and maintained.
In order to protect the health, safety and welfare of the residents
of the PAC, as well as all other residents of Hazlet Township, the
developer shall be obligated to agree at the time of the developer's
agreement with the Township, that all fire, ambulance and other emergency
vehicles and personnel shall provide services within the PAC whenever
the need arises. The developer's agreement shall also provide that
the developer shall immediately comply with N.J.S.A. 39:5A-1 et seq.
in order to allow the Police Department of the Township to patrol
the private streets in the PAC and to enforce N.J.S.A. title 39 as
to all existing motor vehicle laws.
14.
The landowner shall provide for the establishment of a homeowners'
or similar organization for the ownership and maintenance of any common
open space, and such organization shall be established and regulated
by all applicable standards and conditions of state statute.
D.
Additional Development Standards.
1.
Developments shall receive subdivision or site plan approval
and shall have public or private central water supply and a central
sanitary sewer system approved by appropriate state and local agencies.
2.
Developments shall be bound to a unified architectural scheme.
Adequate controls shall be established to prevent departures from
the approved architectural scheme and all permissible variations,
additions and modifications shall be clearly set forth in the architectural
controls and reviewed by the Planning Board during the application
for preliminary approval. All units shall be part of a homeowners
association, which shall be charged with primary responsibility for
maintaining the architectural controls.
3.
The unified architectural scheme shall address architectural
landscaping and amenity controls so that the overall project appearance
is coordinated and interrelated. Items to be addressed shall include
the color and exterior of materials of proposed buildings, fences,
walls and other structures and proposed landscaping including screening
materials and foundation plantings.
4.
To promote privacy, fences may be located along the front, side
or rear lot lines, and walls may be located along the rear lot line
and side lot line beyond the front yard. All fences and walls shall
be compatibly designed in relation to other fences and walls but may
be distinguished by such design features as color and materials.
5.
Windows may be provided on the first and second story of dwelling
units, provided that the windows along the sides of adjoining units
shall be offset and not opposing in order to promote privacy.
[Ord. No. 1421-07 adopted 10-16-2007]
[Added 3-5-2019 by Ord.
No. 1636-19; amended 6-18-2019 by Ord. No. 1646-19]
A.
Purpose.
1.
The purpose of the AH-1 zone is to provide for the construction
of an inclusionary residential development consistent with the provisions
of the Township's Settlement Agreement dated November 29, 2018 and
subject to the provisions of UHAC.[1]
[1]
Editor's Note: Uniform Housing Affordability Controls.
2.
The AH-1 zone is intended to promote the following purposes
of the Municipal Land Use Law at N.J.S.A. 40:55D-2:
a.
To encourage municipal action to guide the appropriate use or
development of all lands in this State, in a manner which will promote
the public health, safety, morals, and general welfare;
b.
To promote the establishment of appropriate population densities
and concentrations that will contribute to the well-being of persons,
neighborhoods, communities and regions and preservation of the environment;
and
c.
To provide sufficient space in appropriate locations for a variety
of agricultural, 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.
3.
The AH-1 zone is further intended to provide realistic affordable
housing opportunities for low and moderate income households and to
address a portion of the Township's constitutional obligation to provide
such opportunities under the Mount Laurel doctrine established by
the Supreme Court of the State of New Jersey.
B.
Zoning map revisions. The zoning map of the Township shall be revised
to include Block 68.13, Lot 26 in the AH-1 zone (the "tract"). The
tract is located at 910 Route 36 in Hazlet, at the intersection of
Route 36 and Aumack Lane, at the terminus of Hemlock Street, and formerly
used as a grammar school by The Church of the Holy Family. To effectuate
the Settlement Agreement, the zoning map shall also be revised to
include Block 69.01, Lot 8 in the R-70 zone (the "dedicated property").
The dedicated property is a vacant parcel across Aumack Lane, at the
intersection of Aumack Lane and Hemlock Street, abutting a jug handle
off of Route 36. The terms of this ordinance shall only apply to the
tract, unless otherwise specifically noted.
C.
Concept Plan. The tract shall be developed in general accordance
with the concept plan, dated October 30, 2018, prepared by Joseph
D. Hanrahan, PE, and attached hereto,[2] and previously attached to the Settlement Agreement. In
the event of any substantial inconsistencies between the terms of
this ordinance and the concept plan, the concept plan shall control.
Landscape berms shall be a minimum of three feet in height, and shall
be planted with six-foot-high, four season landscaping.
[2]
Editor's Note: The Concept Plan may be found in the Township
offices.
D.
Maximum Residential Density. The tract may be developed with no more
than 172 residential units. There shall be no more than 146 market
rate units. The affordable housing set aside shall be 15% and 26 affordable
rental units shall be provided.
E.
Bedroom Distribution.
1.
At least 53% of all market units shall be one-bedroom units.
No more than 47% of the market units shall be two-bedroom units. No
market units shall have three or more bedrooms.
2.
A maximum of 20% of all affordable units shall be one-bedroom
units. A minimum of 20% of all affordable units shall be three-bedroom
units.
F.
Income Distribution. Affordable units shall be subject to the provisions
of UHAC, in addition a minimum of 13% of all affordable units shall
be available to very-low-income households. All affordable units shall
be subject to thirty-year affordability controls.
G.
Design Standard Modifications. The development shall be subject to the design standards set forth in the Township's Land Development ordinance, but shall not be subject to the design standards in Sections 181-502C, G, and H. The following modifications shall apply:
1.
Landscape berms shall not be required in wetlands areas in riparian
areas or in required buffers associated with wetlands and riparian
areas.
2.
Landscaping shall not be required in parking areas.
3.
Trash enclosures, parking areas, driveways and utilities may
be located in front yard areas.
4.
Sidewalks and driveways may be located within required setbacks.
5.
Lighting fixture height shall be limited to 20 feet.
6.
Driveways shall be permitted at a width of 20 feet.
7.
Observation wells and groundwater table impact assessments shall
not be required.
H.
Additional Provisions.
1.
Encroachments from existing adjacent development on Tara Lin
Drive may remain.
2.
The dedicated property shall be dedicated to the Township as
a condition of any development approvals, with a deed of dedication
being delivered to the Township prior to the issuance of any construction
or site development permits. As a condition of any approvals, the
developer of the tract shall provide a sanitary sewer tie-in within
a public street to allow gravity flow from the dedicated property.
3.
The tract shall be subject to the floodplain regulations of
N.J.D.E.P. and CAFRA.
4.
The local floodplain ordinance shall not apply.
5.
Where local standards conflict with federal regulations promulgated
pursuant to the American with Disabilities Act, 42 U.S.C. § 12101,
et seq. (ADA), the regulations promulgated pursuant to the ADA shall
control.
6.
Public/private roads shall not be located closer than six feet
to any residential district.
I.
Schedule of Use and Bulk Requirements.
|
Township of Hazlet - AH-1 Zone
| |
|---|---|
|
Permitted Principal Use: Inclusionary Multi-Family Rental Housing
| |
|
Permitted Accessory Use: Clubhouse, Garages, Sheds, Signage,
Swimming Pool, Trash Enclosures, Fences, Walls, Parking
| |
|
Maximum Unit Yield and Affordable Requirements
|
AH-1 Zone Requirement
|
|
Total Unit Yield
|
172
|
|
Affordable Unit Yield
|
26
|
|
Lot Requirements
| |
|
Minimum Lot Area (Acres)
|
10
|
|
Minimum Lot Width (Feet)
|
400
|
|
Minimum Lot Frontage (Feet)
|
360
|
|
Minimum Lot Depth (Feet)
|
750
|
|
Maximum Building Coverage
|
12%
|
|
Maximum Impervious Coverage
|
36%
|
|
Principal Building Requirements
| |
|
Minimum Front Yard Setback (Feet)
|
50
|
|
Minimum Rear Yard Setback (Feet)
|
100
|
|
Minimum Side Yard Setback (Feet)
|
100
|
|
Maximum Building Height (Feet) (1)
|
45.5
|
|
Maximum Building Height (Stories) (1)
|
3
|
|
Maximum Building Length (Feet)
|
220
|
|
Minimum Principal Building Setback to any single-family zone
or use (feet)
|
100
|
|
(1) If any portion of a building is within 150 feet of a single-family
zone or use, not including Block 69.01, Lot 8, then that building
height shall be limited to two stories and 36 feet.
| |
|
Accessory Building Requirements - Club House
| |
|
Minimum Distance from Principal Building
|
44
|
|
Minimum Front Yard Setback (Feet)
|
50
|
|
Minimum Rear Yard Setback (Feet)
|
100
|
|
Minimum Side Yard Setback (Feet)
|
100
|
|
Maximum Building Height (Feet)
|
30
|
|
Minimum Building Distance Requirements
| |
|
Side Wall to Side Wall at Midpoint (Feet)
|
50
|
|
Side Wall to Front or Rear Wall at Midpoint (Feet)
|
35
|
|
Front Wall to Front Wall at Midpoint (Feet)
|
95
|
|
Distance Between Principal Building and Access Driveway or Internal
Driveway Curbline (Feet)
|
10
|
|
Distance Between Principal Building and Parking Area Curbline
(Feet)
|
15
|
|
Distance Between Accessory Building and Access Driveway or Internal
Driveway Curbline (Feet)
|
15
|
|
Minimum Buffer Area Requirements
| |
|
Front Yard Parking Area Setback (Feet)
|
15
|
|
Buffer Adjacent to Single-Family Dwelling Unit or Single-Family
Residential Zoning District (Feet)
|
80 feet
|
|
Maximum Fence Height Within the Buffer
|
6
|
|
Site Entry Drives Allowed Within Buffer
|
Yes
|
|
Monument Sign Allowed Within Buffer
|
Yes
|
|
Open Space Requirements
| |
|
Minimum Percentage of Common and Natural Open Space
|
15%
|
|
Parking Requirements
| |
|
Club House- 1 Space for Each 200 Sq. Ft. of Gross Floor Area
(2,900 sq. ft.)
|
15
|
|
Minimum Parking Space Size
|
9 ft. x 18 ft.
|
|
Minimum Drive Aisle Width
|
24 ft.
|
|
Minimum Side Yard and Rear Yard Parking Setback (feet)
|
80
|
|
Monument Sign Requirements
| |
|
Maximum Number of Signs
|
2
|
|
Maximum Sign Height (Feet)
|
6
|
|
Maximum Sign Size (Sq. Ft.)
|
48
|
|
Minimum Distance to Street Right of Way (Feet)
|
10
|
|
Minimum Distance to a Property Line (Feet)
|
10
|
J.
The following sections of the Development Review Ordinance shall
be amended as follows[3]:
1.
Section 181-408.10 — 20 feet mounting height permitted.
6.
Section 181-512B2 — Parking in a front yard setback is permitted. Driveways and utility infrastructure in the front yard setback is permitted.
7.
Section 181-512B8(f) and (g) — Not applicable to this
tract.
[3]
Editor's Note: As applicable to the tract in this ordinance.
A.
Purpose. The B-N (1) Zone District intends to serve the needs of
specific surrounding residential neighborhoods by providing for retail
sale and service uses. The need to complement and preserve the character
of the surrounding residential neighborhoods is paramount.
B.
C.
Conditional use. Public Utility Facility.
A.
Purpose. The B-N (2) Zone District permits neighborhood shopping
centers that include at least four or more uses permitted in the B-N
(1) zone within a planned integrated development, as well as free
standing independent uses permitted in the B-N (1) Zone.
B.
Permitted Uses.
1.
Bank.
2.
Child Care Center.
3.
Community Center.
4.
Computer Training Center.
5.
Family Day Care.
6.
Funeral Home.
7.
Garden center/nursery.
8.
Instruction of art, music, dance or martial arts.
9.
Municipal offices.
10.
Parks and playgrounds.
11.
Professional Office.
12.
Restaurant.
13.
Retail sales and Personal services rendered.
C.
Conditional Uses. Public Utility Facility.
A.
Purpose. The B-H Zone District seeks to accommodate business uses
that primarily serve highway traffic.
B.
Permitted Uses.
2.
Bank.
3.
Child care center.
4.
Community center.
5.
Computer training facility.
6.
Family day care.
7.
Garden center/nursery.
8.
Health and fitness club.
9.
Hotels.
10.
Hotels, extended stay lodging facilities.
11.
Professional offices.
12.
Restaurant.
13.
Restaurant, fast-food.
[Ord. No. 1612-2017]
14.
Retail sales and services.
[Ord. No. 1612-2017]
15.
Theater, motion-picture
[Ord. No. 1612-2017]
16.
Office buildings
[Ord. No. 1612-2017]
17.
Self-storage facility.
[Ord. No. 1612-2017]
18.
Medical uses.
[Ord. No. 1612-2017]
19.
Assisted living facilities.
[Ord. No. 1612-2017]
C.
Conditional Uses.
1.
Propane Gas.
a.
The placement of 20 pound cylinder exchange cabinets for propane
gas shall be governed by the following criteria:
(i)
Proposed locations must customarily have an outdoor
attendant in conjunction with the principal use.
(ii)
Storage unit shall be limited in size to contain
18 units maximum.
(iii)
Unit must be located in a previously designated
pedestrian walkway or landscaped area as the unit may not encroach
on any parking or loading area. Any features lost as a result of the
units placement shall be replaced.
(iv)
Unit shall be located on the sides or front facades
of the principal building.
(v)
Any unit meeting all of the above criteria listed
in paragraphs (i) through (iv) above may be approved at the discretion
of the Zoning Officer.
(vi)
Any unit not meeting all of the above shall require
site plan review before the Planning Board.
b.
Construction Standards shall be as follows:
(i)
Storage cabinets, dispensing devices and other
equipment shall meet all applicable Federal, State and Local safety
regulations and requirements.
(ii)
All tanks, cabinets and equipment shall be screened
by a means approved by the Zoning Officer of the Township of Hazlet.
(iii)
Bollards shall be installed to protect cabinets,
tanks and equipment from vehicular impact.
(iv)
Cabinets shall be anchored to prevent displacement
by natural forces.
(v)
Tanks shall be protected from overexposure to heat
and sunlight. Protection shall be required to meet conditions of a
screening approved by the Zoning Officer of the Township of Hazlet.
c.
Application and Licensing:
(i)
By virtue of application to the Zoning Officer
of the Township of Hazlet for registration/licensing for distribution,
the applicant certifies that the premises from which cylinders will
be received and distributed has insurance and that training of those
persons involved with handling and distribution to the public shall
be the responsibility of the supplier.
(ii)
Following approval of the application, the license
shall be issued by the Zoning Officer of the Township of Hazlet. Licenses
shall expire annually on June 30th. No license shall be granted except
upon payment of a license fee at the annual rate of $100.
A.
Purpose. The BP-1 Zone District seeks to provide for business and
professional office uses.
C.
Conditional Uses. Public Utility Facility.
F.
Special Requirements. The following special requirement shall govern
the following uses, including accessory uses for townhouse and/or
condominium projects developed under this subsection: Sheds shall
be no larger than eight feet by 10 feet with a maximum height of 10
feet. No shed shall be installed in such a manner that it overhangs
or any portion of the shed extends across the property line. Fencing
shall not exceed six feet in height. Decks are permitted to be constructed,
provided they are located only on ground level.
A.
Purpose. The I-A and I-A-I Zone District seeks to provide for light
industrial and warehousing uses.
B.
Permitted Uses. No retail permitted.
1.
Automotive body repair and painting.
2.
Billboard.
3.
Light industry: light manufacturing operations such as but not
limited to the assembly, fabrication, compounding, processing of packaging
small machinery, metal, wood, paper or chemical products; food goods
and associated products; gems; pharmaceuticals; fabrics and threads;
clothing; ceramics; leather goods except curing, tanning and finishing
of hides; and photographic products.
4.
Offices including computer facilities either free standing or
associated with other permitted uses.
5.
Public utility facility.
6.
Research or Product development laboratories.
7.
Self-storage facility.
8.
Dry Cleaning and Laundry Plants.
9.
Warehouses and trucking operations directly associated with
other permitted uses.
10.
Transportation equipment storage and maintenance facilities.
11.
Planned Industrial/Office/Commercial Parks (I.O.C. Parks), providing for the integrated development of facilities to house and serve five or more independent uses permitted in the I-A Zone subject to the required conditions of Section 181-404.07C below.
C.
Required Conditions for I.O.C. Parks.
1.
Permitted uses shall include only those permitted in the IA
and IA-I Zones.
2.
The planned development provides for initial construction to
house five or more permitted uses on separate lots (leased lots or
officially subdivided lots) within the development.
3.
A single building may be subdivided for occupancy by more than
one tenant.
4.
All required parking shall be provided on the individual lots created; common parking areas shall not be permitted except in connection with Section 181-408.14.
5.
All roads and paved areas, utility systems, and other such features
of land development shall meet the standards prescribed by this Ordinance
or by other applicable ordinances and codes of Hazlet Township and
shall be inspected and approved by the Township Engineer.
6.
The maintenance and operation of the roads, utilities and other
common areas or facilities shall be by the developer/owner or through
what is customarily termed a mandatory condominium association.
7.
All plans for the development shall generally conform to the
preliminary plan requirements of the subdivision ordinance in addition
to the requirements for site plan established by ordinance.
D.
Conditional Uses.
1.
Wireless Telecommunications Facility subject to conditions outlined in Section 181-409.09 of this Ordinance.
2.
Adult Entertainment uses, permitted in the I-A-I district only (not the IA) subject to Section 181-409.01.
E.
Accessory Uses.
1.
Uses customarily incidental and accessory to a principal permitted
use.
2.
Garage and other enclosed storage space necessary to store any
vehicles or mobile equipment on the premises.
3.
Storage of materials and finished products incident to the permitted
uses provided such storage is in an enclosed building. Storage and
distribution of goods, products and merchandise incident to the business
of the principal user of the premises, provided that all storage and
distribution be in and from an enclosed building, and that the storage
and distribution does not violate any of the standards set forth in
this Ordinance.
A.
Purpose. The purpose of the Commercial District is to encourage coordinating
commercial development along Highway 35, to reduce the number of curb
cuts onto that highway, and to provide commercial developments which
complement one another and give the appearance of being an integrated
development, even if the developments are not in common ownership
and are developed by separate entities.
B.
Permitted Uses.
1.
Retail sales and service uses.
2.
Office buildings for business, professional executive and administrative
purposes.
3.
Restaurants.
4.
Restaurant, Fast Food.
[Ord. No. 1612-2017]
5.
Movie Theatre (Maximum gross floor area of the movie theatre is to be no greater than 30% of total gross floor area, as defined in Section 181-201 of the Development Review Ordinance, for the lot or lots that are being developed as part of an individual site plan application with a maximum seating capacity no greater than 3,000.
[Ord. No. 1612-2017]
6.
Automobile fueling station.
[Ord. No. 1612-2017]
F.
Bulk Regulations.
1.
Minimum lot area: 10 acres.
2.
Minimum lot width and frontage: 400 feet.
3.
Minimum lot depth: 800 feet.
4.
Minimum building setbacks:
a.
From a public street: 100 feet.
b.
From other property line: 50 feet.
c.
From any residential zone district line: 125 feet with a maximum
building height of 25 feet; 175 feet with a maximum building height
of 25-30 feet.
d.
Maximum building height: 30 feet or two stories no higher than
30 feet.
e.
Maximum building coverage: 25% retail, 30% office.
f.
Maximum impervious lot coverage: 75%.
5.
Garage space for the storage of commercial vehicles used in
conjunction with a permitted principal use.
G.
Off-Street Parking and Loading. The following is a supplement to
the off-street parking and loading:
1.
Off-street parking spaces shall be a minimum of 10 feet by 20
feet.
2.
Off-street loading spaces shall be at least 12 feet wide with
at least 15 feet overhead clearance. The length of the loading berth
shall be at least 60 feet not including aisle area.
3.
Landscaping in parking and loading areas shall be shown on the
site plan at the rate of at least one tree for every 10 parking spaces.
Each shade tree shall be at least two inches caliper and shall be
of a type permitted in the Development Review Ordinance or approved
by the Township Engineer. All areas between the parking area and the
building and between the parking area and the street shall be landscaped
with trees and/or shrubs and ground cover. Any plantings that do not
survive within one year, shall be replaced. Planted areas shall be
maintained and kept clean of all debris, rubbish, weeds, tall grass
and dead trees by the owner.
4.
Location of parking and loading areas.
a.
Parking and loading areas shall be located on the same lot as
the use being served. The edge of any parking space shall be at least
20 feet from any retail building and 15 feet from any office building.
No individual off-street parking or loading area shall have direct
access from a street. No loading areas shall be in the front yard.
All off-street parking lots along arterial and collector streets shall
be set back at least 15 feet from the right-of-way and shall be screened
with plantings.
b.
No loading or parking areas shall be located in any required
buffer area. Loading areas shall be properly screened from residential
areas and the general traveling public.
c.
Parking spaces located to serve commercial uses shall be located
conveniently to the intended commercial use and shall be no greater
than 300 feet from the entrance.
d.
Handicapped parking spaces shall be located to be most accessible
to the building(s) being served and shall be specified on the site
plan. Each handicapped space shall be identified by a capital "H"
painted in the space and by a sign using the international symbol.
Said sign shall be placed at the end of each space, facing the space.
H.
Buffer Requirements. The buffer areas shall adhere to the following
requirements.
1.
The minimum width of the buffer shall be at least 125 feet.
2.
If the 75 feet of the buffer area which abuts a residential
zone or use includes existing growth of evergreen and deciduous trees
and shrubbery, but not enough to provide a suitable screen as required,
existing specimen trees shall remain and selected other trees and
shrubbery may remain and shall be supplemented by additional evergreen
plantings and approved by the Planning Board to provide the required
landscape screen. In the event that the approving authority finds
that further planting of evergreens will not grow satisfactorily in
said buffer areas, wooden shadowbox fence(s), minimum height of six
feet shall be erected in the buffer area. In addition, a separate
landscaped area of a minimum of 50 feet consisting of earthen berms
and plantings shall be provided outside the above said seventy-five-foot
area adjacent to residential zone or use. Said berm shall be a minimum
of eight feet in height (compacted), minimum top width shall be eight
feet, and the maximum side slope shall be 2:1. The top of the berm
shall be planted with a double row of evergreens staggered planted,
six feet to eight feet high and 10 feet on center. Also, deciduous
trees shall be properly placed at the base of the berm in sufficient
quantity to provide a solid screen over and above the evergreens.
3.
Buffer areas shall be maintained and kept clean of all debris,
rubbish, weeds, tall grass and dead trees by the owner. Any fences
and screen planting shall be maintained permanently, and any plant
material that does not survive one year or one growing season shall
be replaced. All plantings that survive the first 12 months following
certification shall be replaced by the builder/developer at no cost
to the Township within 60 days of written notification.
4.
No structure, activity, storage of materials, site roadways
or parking of vehicles shall be permitted in the buffer area.
5.
Requirements for planting in the buffer area.
a.
A solid and continuous landscaped screen shall be planted and
maintained by the owner to conceal the parking and loading areas,
eliminate the glare of vehicle lights throughout the year and camouflage
the building from the abutting residential areas. In the event that
existing evergreens do not provide an adequate buffer, supplemental
plantings may be required.
b.
In addition to the landscaped screen, shade trees shall be planted
by the applicant.
c.
The height and location of the landscaped screen shall be measured
in relation to the elevation of the edge of the parking and loading
area or other improvement being screened. Where the landscaping is
lower than the elevation of the area being screened, the required
height of the screen shall be increased equal to the difference in
elevation, i.e., taller trees and shrubs and/or earthen berms to raise
the elevations or the area being screened.
d.
Landscaped areas shall be provided with automatic underground
sprinkler system.
I.
Design Standards.
1.
High volume retail facilities and movie theaters shall be located
close to the highway frontage and away from residential uses.
2.
The layout of buildings shall be conducive for the development
of adjoining commercial district tracts such that property circulation
and visual impacts are consistent for all sites.
3.
All mechanical equipment shall be properly located and screened
for effective noise control and visual impact.
4.
Adequate facilities shall be provided for the handling of garbage
and other refuse providing a solid enclosed structure. Provisions
within each structure shall be allowed for the separation of materials
and recycling. All refuse areas should not abut a residential use.
5.
A proper screen shall be constructed to prevent trash from leaving
the commercial property onto adjoining properties. This screen must
be effective and can be in the form of live vegetation or fencing.
6.
Residential properties adjacent to the commercial district shall
be permitted to place fences on their property with the fence support
stanchions facing the commercial district.
7.
Detention facilities shall be constructed to control stormwater runoff in accordance with other sections contained within the municipal ordinances. Detention facilities shall not interfere with the buffer requirements listed under paragraph H, above and Section 181-503 and shall be placed on the development side of the buffer area. Detention basin side slopes shall be as flat as practical but shall be no flatter than a 2% grade and no deeper than three to one side slopes. A low flow concrete channel shall be provided within the detention basin. Based upon the depth of the basin and side slopes, fencing may be required around the detention facility.
8.
Development of the C-D Zone requires the closing of Duke Lane
and Green Acres Drive. Should the approving Agency deem the utilization
of Green Acres Drive necessary, said roadway shall be improved as
a municipal roadway according to the Township.
J.
Off-tract Improvements. In addition to requiring the developer to
pay his pro-rata share of the cost of providing necessary street improvements,
water, sewerage and drainage facilities and easements therefor, as
a condition for subdivision and site plan approval, all permitted
principal, conditional and accessory uses will require a contribution
for other off-tract improvements to be utilized for recreation at
the Township's discretion.
A.
Purpose. The PC Zone District intends to provide for public and quasi-public
uses, as well as community and service facilities that serve a general
public purpose.
B.
Permitted Uses.
[Ord. No. 1571-2015]
Schedule B, Bulk Regulations, is adopted and made part of this
Ordinance.[1]
[1]
Editor's Note: Schedule B, Bulk Regulations, can be found
as an attachment to this chapter.
Community Shelters. 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 allowed in any residential district permitting
single family detached housing, provided that:
A.
No more than six persons, excluding resident staff, shall occupy
the premises except as permitted herein.
B.
The facility is duly licensed pursuant to N.J.S.A. 30:11B-1 et seq.
for community residences for the developmentally disabled, N.J.S.A.
30:14-1 et seq. for community shelters for victims of domestic violence,
and N.J.S.A. 30:11B-1 et seq. for community residences for persons
with head injuries.
C.
The residential character of the building shall remain unchanged.
D.
Community shelters as described herein may exceed the permitted number
of persons allowed above upon issuance of a conditional use permit
by the Planning Board provided that the following conditions have
been met:
1.
No more than 15 persons, including resident staff, shall occupy
the premises.
2.
The facility shall be duly licensed.
3.
The residential character of the building and lot shall remain
unchanged.
4.
Adequate off-street parking sufficient for resident staff shall
be provided. If staff exceeds five persons, buffering of the parking
lot shall be provided in accordance with the provisions of this Ordinance.
5.
No such facility shall be located within 1,500 feet of another
such facility.
E.
All other applicable regulations of this Ordinance shall apply.
The following regulations shall apply to motor vehicle parking
on any lot located in a residential district or used for residential
purposes.
A.
Permitted Motor Vehicles. Motor vehicles registered as passenger
vehicles, livery vehicles and commercial vehicles having a gross weight
of 7,000 pounds or less shall be permitted to be parked on such lots,
with the following exceptions:
1.
Passenger and livery vehicles. One passenger or livery vehicle
having a gross weight in excess of 7,000 pounds, but not exceeding
10,000 pounds, may be parked in a garage or a driveway in a side or
rear yard, provided that such is substantially screened from view
from all adjacent lot lines and the street line. Such screening shall
consist of a six-foot high solid wooden fence and/or minimum six-foot
high evergreen shrubs or trees. Any such screening shall be approved
by the Zoning Officer prior to installation to ensure that such will
provide necessary screening to satisfy the intent of this provision.
2.
One commercial vehicle having a gross weight in excess of 5,000
pounds, but not exceeding 8,000 pounds, may be parked in a wholly
enclosed garage. Such vehicle shall be stored in the garage at all
times when such is parked on the lot. In no instance shall any person
other than the resident of the property on which the commercial vehicle
is parked operate such vehicle. Additionally, no materials, tools,
equipment or other items used in connection with the business that
such commercial vehicle is associated with shall be stored anywhere
on the residential property, except in or on the commercial vehicle
itself.
C.
Prohibited Motor Vehicles. Trucks, tractors, trailers, semi-trailers, tow trucks and buses may not be parked on a lot primarily used for residential purposes, except as provided in subsection 181-407.05, Parking of Trucks and Buses.
D.
Recreational Vehicles, Trailer Coaches, Campers and Boats. See subsection 181-407.07 for regulations regarding recreational vehicles.
E.
Driveways. No motor vehicle shall be parked in the side or front
yards of such lot, except in a driveway located pursuant to the requirements
of this Ordinance.
F.
Corner Lots. Nothing herein shall permit the parking or storage of
any vehicle on a corner lot property that obstructs, impairs or obscures
vision of motor vehicle traffic at an intersection, as determined
by the Chief of Police.
G.
Construction and Materials. All parking areas shall consist of a
permanent surface (asphalt or concrete) per Township Engineer Standards.
Unless otherwise specified in this Ordinance, not more than
one principal dwelling or principal building shall be permitted on
one lot in any residential zone district.
No trucks or buses shall be regularly parked in any residential
district, except that one truck or bus of a rated capacity not exceeding
five tons 10,000 lb. gross vehicle weight (manufacturer's rating),
owned or used by a person resident on the premises, shall be permitted
to be regularly garaged on a residential lot which also contains the
primary residence of the owner, or on a residential lot which is contiguous
to and also owned by the owner of the primary residence. This provision
shall not be deemed to limit the number of vehicles used in the operation
of a farm, or construction equipment in active use during the time
of construction on a lot approved for development.
Private garages, where permitted on single-family residential
lots shall comply with the following provisions:
A.
The garage must be a fully enclosed detached accessory structure,
or a portion of a principal building, used primarily for the storage
of no more than two motor vehicles owned or used by the occupant of
the principal structure.
The following requirements apply to recreational vehicle storage:
A.
Trailers, boats or boat trailers that are 21 feet or more in length
as measured from outside dimensions, shall be parked or stored inside
the confines of a building only.
B.
All trailers, boats or boat trailers under 21 feet in length may
be stored in side or rear yard areas; no trailer, boat, or boat trailer
of any length, shall be parked or stored in the front yard area of
a lot.
C.
Each occupied single-family residential property may have outside
parking or storage upon it for two recreational vehicles or trailers,
provided that such vehicles are in safe and effective operating condition.
All recreational vehicles and trailers shall display thereon a current
State license and/or registration. No self-propelled recreational
vehicle stored on the property shall exceed 21 feet in length unless
within the confines of a building.
D.
Any trailer, boat or boat trailer parked in the side or rear yard
area provided that same of under 21 feet in length per subsection
181-407.07(B) of any lot shall meet the applicable zoning district
regulations governing setbacks of accessory buildings from property
lines and buildings and further provided that such vehicle shall be
stored in a garage or in a side or rear yard and be substantially
screened from view from all adjacent lot lines and the street line.
In the case of corner lots, said vehicle must be screened from view
from all street lines bounding the lot. No such vehicles shall be
occupied for living, sleeping or recreational purposes while stored
or parked on such lot.
E.
To obscure from public view to the maximum extent possible, any trailer,
boat or boat trailer parked or stored in a side or rear yard area
and not in an enclosed building shall be screened by evergreen plantings
at least six feet in height, spaced three feet apart, or as necessary
to form a 100% visually impervious buffer after two years.
F.
At no time shall any recreational vehicle parked or stored on any
lot be used for living, sleeping or housekeeping purposes.
A.
Satellite Dish Antennas. No satellite dish antenna larger than one
meter in diameter shall be installed in any residential zone except
that one satellite dish antenna may be permitted as an accessory use
to a single family dwelling or multifamily apartment use pursuant
to Federal Communication Commission (FCC) regulations, subject to
the following standards:
1.
The requirements of this section shall apply to all satellite
dish antennas, regardless of diameter.
2.
Except where otherwise specified herein, the reflective surface
of the satellite dish shall not exceed six feet in diameter.
3.
A freestanding satellite dish regulated by this section shall be subject to the same location requirements as other principal buildings in the same zoning district. No roof-mounted antenna of any kind shall be located on any part of the roof facing the front yard of the dwelling or apartment building or exceed the height provisions of, set forth by Article IV of this Ordinance.
4.
A freestanding satellite dish shall be located as close to the
center of the rear yard and rear facade of a principal building as
possible without causing significant interference with reception.
A waiver may be sought from the board of jurisdiction for a location
within the required yard area of a principal building, but in no case
shall it be permitted nearer to a property line than is allowed for
accessory buildings in the zoning district. For aesthetic and safety
purposes, the rear yard shall be enclosed with a fence that is opaque
to a height of at least four feet and that otherwise conforms to the
fence requirements of the Township of Hazlet. The perimeter of the
base of the supporting structure shall be landscaped with appropriate
plant materials to a height of three feet or the lowest part of a
dish antenna, whichever is higher.
5.
A freestanding satellite dish antenna shall not exceed 10 feet
in height measured from the base to the top of the antenna in an upright
position.
6.
Satellite dish antennas and supporting structures shall be maintained
in good physical condition and comply with all applicable building
and safety codes.
B.
Ham Radio Antenna. A ham radio antenna is permitted as an accessory
use to a single family dwelling pursuant to FCC regulations and in
accordance with the following:
1.
A freestanding ham radio antenna shall be subject to the same
location requirements as a principal building in the same zoning district
and as further provided herein, and shall not exceed the average height
of principal buildings on adjoining lots by more than 15 feet to a
maximum of 50 feet in height.
2.
No roof-mounted antenna of any kind shall be located on any part of the roof facing the front yard of the dwelling or apartment building or exceed the height provisions of Article IV of this Ordinance.
3.
A freestanding ham radio antenna shall be located as close to
the center of the rear yard and rear facade of a principal building
as possible without causing significant interference with reception.
A waiver may be sought from the board of jurisdiction for a location
within the required yard area of a principal building, but in no case
shall it be permitted nearer to a property line than is allowed for
accessory buildings in the zoning district. For aesthetic and safety
purposes, the rear yard shall be enclosed with a fence that is opaque
to a height of at least four feet and that otherwise conforms to the
fence requirements of the Township of Hazlet. The perimeter of the
base of the supporting structure shall be landscaped with appropriate
plant materials to a height of three feet.
4.
Ham radio antennas and supporting structures shall be maintained
in good physical condition and comply with all applicable building
and safety codes.
Private residential storage sheds shall comply with the following
regulations:
A.
Height. No shed shall exceed 15 feet in height from the finished
grade to peak.
B.
Location. No shed shall be located in a front yard.
C.
Setback. Sheds may be placed in accordance with the following setback
provisions: Setbacks for accessory buildings in the R-50, R-70, R-100
and R-125 Zones shall continue to meet the prescribed setbacks stated
in Schedule B* with the exception of sheds 100 square feet or less
in length times width dimensions. There shall be a minimum distance
of two feet from the property line and a minimum distance of two feet
from any structure (with the exception of a pool, a seven-foot setback
is required). The prescribed setbacks for sheds described above is
as follows:
|
Zone
|
Rear
|
Side
|
|---|---|---|
|
R-50
|
2 feet minimum
|
2 feet minimum
|
|
R-70
|
2 feet minimum
|
2 feet minimum
|
|
R-100
|
2 feet minimum
|
2 feet minimum
|
|
R-125
|
2 feet minimum
|
2 feet minimum
|
1.
One hundred square feet or less than; two feet from rear, side
and any structures;
2.
One hundred fifty square feet or less than five feet from rear,
side and any structures;
3.
Over 150 square feet see Schedule B,[1] Bulk Regulations for setbacks for accessory structures.
Sheds in historic zone districts must conform to principal building
setback requirements.
The Zoning Officer of the Township of Hazlet shall be the enforcing
agent who shall conduct field inspections to ensure that permit holders
are in compliance with the Development Review Ordinance for sheds
that do not require a Building Permit.
[1]
Editor's Note: Schedule B, Bulk Regulations, can be found
as an attachment to this chapter.
Swimming pools and tennis courts shall be permitted on all lots
used for single family dwellings in residential districts and on any
tract developed for multi-family development. Swimming pools and tennis
courts are considered accessory structures, and shall require an approved
zoning permit prior to construction, and shall be subject to the following
provisions:
A.
Location. Any swimming pool or tennis court shall only be permitted
in a rear or side yard area.
B.
Coverage. The surface area of a swimming pool or tennis court shall
be considered impervious. Tennis courts consisting primarily of grass
shall not be considered impervious. Swimming pools and tennis courts
shall be subject to the applicable lot coverage requirements set forth
in this Ordinance. Any area paved with concrete, asphalt, brick or
other solid surface which functions as a walkway to or completely
surrounds a swimming pool or tennis court shall also be considered
impervious.
D.
Swimming Pool Fencing. A continuous fence consisting of a minimum
of four feet in height shall enclose the perimeter of the entire swimming
pool area. Such fence shall be designed to securely control access
to the swimming pool area. Where such fence is located on a corner
lot, and the fence on the side facing the street is non-solid, that
portion of the fence shall be adequately screened with evergreen shrubs
not less than four feet in height.
E.
Tennis Court Fencing. A fence consisting of a minimum of eight feet
in height to a maximum of 12 feet in height for tennis courts shall
be required. Said fence may not be located within a required setback
area.
F.
Swimming Pool Drainage. No swimming pool shall drain into a public
sanitary sewer or be located in such a manner that water from the
pool or filtering equipment drains onto another property.
Yard and garage sales shall be permitted in any residential
district for a period not to exceed three days. Such sales shall not
exceed four in any one calendar year.
The following supplementary regulations shall be deemed to be
appended to the Schedule of Bulk Regulations, Schedule B[1] and are hereby adopted as a part thereof.
[1]
Editor's Note: Schedule B, Bulk Regulations, can be found
as an attachment to this chapter..
Shall follow the applicable zoning requirements pursuant to
the attached Schedule B.[1]
[1]
Editor's Note: Schedule B, Bulk Regulations, can be found
as an attachment to this chapter.
Seasonal storage of boats and marine related vehicles not being
serviced or repaired on the premises shall be permitted in the I-M
Zone only as an accessory use to a marina, public or private boating
club or a marine related sales and services establishment subject
to the following supplementary regulations:
A.
The boatyard shall be located on a parcel that is contiguous with
the principally permitted use or on a non-contiguous parcel located
within 60 feet of the parcel devoted to the principal use.
B.
A boatyard situated on a parcel that is non-contiguous to the principal
use parcel shall be no greater than one acre in area.
C.
The height of watercraft storage shall not exceed three boats stacked
vertically and 35 feet.
D.
Storage areas shall be set back at least 10 feet from any lot line,
however, whenever a buffer from a use other than a boatyard is required,
the minimum buffer width, as set forth in this subsection, shall govern
as the minimum setback requirement to said adjacent use.
E.
When located adjacent to any property devoted to a use other than
a boatyard, the boatyard establishment shall maintain the following
between any outdoor activity and the adjacent property:
1.
A fifteen-foot wide buffer area. Said buffer area shall be placed
in a conservation easement.
2.
A six-foot high stockade or board-on-board fence to be located
at least 15 feet from the adjoining property line. Said fence may
not be located within a front yard setback area.
3.
A landscaped screening located in the buffer area consisting
of evergreen plantings with a minimum height of 10 feet at the time
of planting, spaced 15 feet on-center.
F.
Site Triangle Required. No outdoor storage or display area shall
be located within a required site triangle as defined elsewhere herein.
G.
An adequate quantity of off-street automobile parking spaces shall
be provided. Automobile parking areas shall be black-topped and used
only for the parking of automobiles associated with patrons and employees.
H.
Designated areas for boat or marine related vehicle storage or display
need not conform to standards for parking lot paving and design standards
but, shall be segregated from parking areas by means of a raised concrete
curb of at least six inches in height. Concrete wheel stops shall
not be utilized to meet this curbing requirement.
I.
Seasonal or long term storage of cars, trucks, trailers, or other
vehicles not marine related shall not be permitted in a boatyard.
J.
No derelict, discarded or junked boats, no parts, scrap, partially
dismantled boats, boat motors, or trailers shall be stored out-of-doors.
K.
Designated fifteen-foot wide fire lanes shall be provided at regular
intervals and shall be maintained and open at all times. Said fire
lanes shall be subject to the approval of the Township Fire Official.
All applicable requirements of any State or Federal agency including
local health and fire authorities having jurisdiction shall be met.
Buildings associated with principal cemetery uses shall be permitted
provided the following requirements are met:
B.
Height. Maximum building height shall be 25 feet.
C.
Fence or Wall. A wrought-iron fence or stone wall may be provided
at the perimeter of a cemetery tract. Said fence or wall may not exceed
five feet in height, except that intermittent piers may reach six
feet in height. A main entrance gate may exceed the permitted fence
or wall height by 50%.
Child care centers shall be permitted in any nonresidential
district. In those districts combining residential and nonresidential
areas under a unified plan for development, the child care center
shall be permitted only in the non-residential area. Any child care
center shall be duly licensed pursuant to N.J.S.A. 30:5B-1 et seq.
A child care center functionally integrated within a nonresidential
development owned or operated for the benefit of their employees,
their tenant's employees, or employees within an office or business
park or research and development complex shall not be required to
provide additional off-street parking for the use. In the calculation
of any floor area ratio applicable to an office or business park or
research and development complex, the area occupied by a child care
center shall not be included.
Whenever a lot shall be bounded by more than one street line,
the following provisions shall apply (see also Schedule B):[1]
A.
All provisions of this Ordinance with respect to setbacks and all
other restrictions and regulations relating to street lines and front
yards shall apply to each street line as a front yard.
B.
For the purposes of determining the rear yard on a corner lot, the
interior lot line opposite the street line with the shortest frontage
shall be considered to be the rear lot line and any remaining interior
lot lines shall be considered side lot lines.
C.
Each lot shall have a rear yard. In an instance of a through lot
and in an instance of a corner lot where the frontage is equal, the
yard opposite the street address of the property shall be deemed the
rear yard.
D.
In an instance where a lot is bound by three or more streets, the
property shall contain multiple front yards and at least one side
yard.
[1]
Editor's Note: Schedule B, Bulk Regulations, can be found
as an attachment to this chapter.
A.
No nonresidential driveway shall be located within 10 feet of an
existing adjacent residential property or within three feet of any
other property line, unless otherwise regulated in this Ordinance.
B.
Access to a commercial parking garage or parking area for 25 or more
vehicles shall not be closer to the intersections of any two streets
than 50 feet.
C.
No driveway shall be located in any residential district to provide
access to uses other than those permitted in such residential zone.
D.
No driveway shall serve any use other than the permitted use on the
lot upon which the driveway is located.
E.
A barrier-free walkway system shall be provided to allow pedestrian
access to a building or use from both a parking lot within the site
and from the Township sidewalk system.
F.
No lot containing a detached single-family dwelling shall contain
more than one driveway. In the case of a through lot, a driveway is
to be provided only within the front yard area.
Fences and walls shall be permitted in all districts, but shall be considered structures requiring an approved zoning permit prior to construction. Adequate surveys, plans and details are to be submitted to the Zoning Officer in accordance with Article VIII in order for a determination to be made as to the proposed fence zoning conformance. Fences and walls shall be permitted accessory structures subject to the following provisions:
A.
Front Yards.
1.
For residential uses, fences shall be permitted to be located
in front yards, provided such fences shall not exceed four feet in
height, as measured from ground level, and shall be constructed so
that at least 50% thereof is non-solid and open. Fence types such
board-on-board and stockade shall be considered solid fences. Corner
lots may be permitted to install a six foot in height solid fence
along the side street frontage which shall be located not less than
10 feet from the inside of the sidewalk. If no sidewalk exists, then
the fence shall be located 10 feet from the curb line or the street.
However, in a residential zone which abuts a nonresidential zone such
fences shall not exceed eight feet in height. Furthermore, no fence
shall be constructed within any sight triangle as defined in this
Ordinance, or installed so as to constitute a hazard to traffic or
public safety. Decorative walls are permitted to be located in front
yards for residential uses, provided such shall not exceed 2 1/2
feet in height, as measured from ground level. Fence posts, corners,
gateways, and wall piers and entryways may not exceed five feet in
height.
2.
For nonresidential uses, fences and decorative walls may be
erected in the front yard at or behind the front setback line extending
to the rear or side lot lines, provided they do not exceed six feet
in height, as measured from the ground level. Fence pots, corners,
gateways and wall piers and entryways may not exceed seven feet in
height.
B.
Side and Rear Yards.
1.
For residential uses, both solid and non-solid fences shall
be permitted to be located in side or rear yards, provided such shall
not exceed six feet in height, as measured from the ground level.
Decorative walls for residential uses are permitted to be located
in side or rear yards, provided such shall not exceed four feet in
height, as measured from the ground level. However, in a residential
zone which abuts a nonresidential zone such fences shall not exceed
eight feet in height. Fence posts, corners, gateways and wall piers
and entryways, may not exceed seven feet in height.
2.
For nonresidential uses, both decorative walls and solid or
non-solid fences shall be permitted to be located in side or rear
yards, provided such shall not exceed six feet in height, as measured
from the ground level. Fence posts, corners, gateways, and wall piers
and entryways may not exceed seven feet in height.
3.
Finished Exterior Side. All fences or walls shall be constructed
so that a finished side, with no fully exposed structurally supporting
members, is located on the exterior facing outward away from the property
upon which it is located.
4.
Materials. No fence or wall shall be constructed or installed
with barbed wire, metal spikes, or topped with concertina or razor
wire, broken bottles or similar materials so as to be dangerous to
humans or animals.
5.
Drainage. Fences and decorative walls shall be constructed in
a manner so as to permit the continued flow or natural drainage and
shall not cause surface water to be blocked or dammed to create ponding,
either on the property upon which such is located or on any adjacent
lot. Those applying for a zoning permit to erect a fence or decorative
wall may consult with the Township Engineer to ensure compliance with
this provision.
6.
Obstruction. No fence shall be constructed within any sight
triangle as defined in this Ordinance, or installed so as to constitute
a hazard to traffic or public safety.
7.
Utility Easement. Prior to installing a fence in a utility easement
area, a property owner shall secure written approval from the appropriate
utility company or appropriate public body. Evidence of approval shall
be submitted as a prerequisite to issuance of a zoning permit.
8.
Retaining Walls. Any permitted wall proposed to be used as a
retaining wall may be required to be reviewed by the Township Engineer
prior to the issuance of a permit.
9.
Exceptions. Fences or walls that constitute a permitted buffer
area screen approved as part of a site plan application shall be exempt
from the above height and location provisions. In addition, fencing
required to enclose a tennis court shall be exempted from the above
maximum height provisions. Said fence shall not exceed 12 feet in
height, as measured from ground level, and may not be located within
a required setback area.
[Ord. No. 1556-2014]
Every principal use shall be located on a lot with frontage
upon a public street that has been improved in accordance with the
applicable Township standards or for which such improvement has been
insured by the posting of a performance guarantee in accordance with
this Ordinance.
Christmas Tree Sales. The annual sale of Christmas trees is
permitted in any non-residential zone between the Friday after Thanksgiving
and December 25, inclusive. A Special Use Permit for such sales must
be obtained from the Township.
Lighting shall be provided by fixtures with a mounting height
not more than 14 feet or the height of the building, whichever is
less, measured from the ground level to the centerline of the light
source.
Scope of Provisions: Off-street parking, unloading, and service
requirements of this section shall apply and govern in all present
and future zoning districts within the Township of Hazlet. No land
shall be used or occupied, no structure shall be designed, created,
altered, used or occupied and no use shall be operated unless off-street
parking and loading facilities are provided in at least the amount,
and maintained in the manner required by this article; provided however,
that any use in operation of the effective date of these regulations
is not effected by the provisions of this article until such time
there are alterations or additions which would affect the gross building
area, parking requirements, traffic circulation or drainage characteristics
of the site.
A.
Loading Space Requirements. In all zone districts in connection with
every commercial, institutional and industrial use, there shall be
provided, at the time that any building or structure is erected, enlarged,
increased in capacity or has a change of use, loading spaces in accordance
with the requirements of the following schedule:
|
Minimum Requirements of Off-Street Loading Spaces
| ||
|---|---|---|
|
Use
|
Total Floor Area
(in square feet)
|
Number of Loading Spaces Required
|
|
Industrial/Wholesale Operations
|
10,000 - 40,000 square feet
|
1
|
|
with gross square feet over 10,000
|
40,000-100,000 square feet
|
2
|
|
100,000-160,000 square feet
|
3
| |
|
160,000-240,000 square feet
|
4
| |
|
240,000-320,000 square feet
|
5
| |
|
320,000-400,000 square feet
|
6
| |
|
Each 90,000 square feet above 400,000 square feet
|
1
| |
|
Office Building or Hotel with gross useable floor area of 100,000
square feet of more
|
1
| |
|
Retail Operation, all first floor non-residential uses, with
gross floor area of more than 3,000 square feet and less than 20,000
square feet.
|
1
| |
|
Wholesale and Light Industrial Operations with gross floor area
of less than 10,000 square feet
|
1
| |
|
Retail Operations, Including Restaurant and Dining Facilities
within Hotels and Office buildings, with a gross useable floor area
of 20,000 square feet or more
|
1 for every 20,000 square feet
| |
B.
Loading Space Dimensions. Standard institutional and light industrial/warehouse
loading spaces shall measure at least 15 feet wide by 60 feet long,
with a height clearance of not less than 20 feet. All other loading
spaces shall measure at least 15 feet wide by 45 feet long, with a
height clearance of not less than 15 feet.
C.
All loading areas shall be located on the same lot as the use being
served.
D.
No loading area shall be located in a front yard.
E.
There shall be no loading in a yard abutting, or in a public right-of-way.
F.
No loading space shall be located within 40 feet of an intersection
of any two public right-of-ways. The off-street loading space shall
be located on the property so as to permit any vehicle to be parked
in the loading space with no portion of the vehicle extending into
the public street.
Marine related sales and services shall be permitted in the
I-M Zone District provided that such uses satisfy the supplementary
regulations set forth in this section as follows:
A.
The purveyance of goods or services not including boats or motors
shall take place in an enclosed structure.
B.
Principal Setbacks. The following shall be located on-site within
the principal building envelope:
1.
Any building, including accessory buildings, within which sales,
repair, service or other work shall take place.
2.
Designated outdoor areas where repair, service or other work
shall take place.
3.
Storage of watercraft and marine related apparatus left by customers
to await service.
4.
Storage of any boat or marine related vehicle requiring hull
repairs, body work or which is inoperable because of major repairs.
5.
Storage of mechanical or repair equipment necessary for the
operation of the principal use. All equipment shall be stored indoors
unless it can be shown that outdoor storage of particular equipment
is the only reasonable method of storage in which case such equipment
shall be stored on a paved surface.
C.
Outdoor Display and Storage.
1.
Outdoor sales display areas and temporary storage of watercraft
(dry-dock storage) shall be set back at least 10 feet from any lot
line, however, whenever a buffer from a use other than a marine related
sales and services establishment is required, the minimum buffer width,
as set forth in this subsection, shall govern as the minimum setback
requirement to said adjacent use.
2.
The height of watercraft storage shall not exceed three boats
stacked vertically and 35 feet.
3.
No derelict, discarded or junked boats shall be stored out-of-doors
nor shall any parts, scrap, partially dismantled boats, boat motors,
or trailers.
4.
Storage of cars, trucks, trailers, or other vehicles not marine
related shall not be permitted unless such storage activity is approved
by the board of jurisdiction for that purpose.
5.
The seasonal storage of boats or any other marine related vehicles
not being serviced, repaired or sold on the premises shall be deemed
to be a boatyard and must conform to regulations for such.
6.
Storage or display of rental watercraft is permitted as an accessory
use to a marine related sales and services establishment. Such storage
or display may not take place in a setback area.
D.
Buffer Requirements. When located adjacent to any property devoted
to a use other than a marine related sales and services establishment,
the marine related sales and services establishment shall maintain
the following between any outdoor activity and the adjacent property:
1.
A fifteen-foot wide buffer area. Said buffer area shall be placed
in a conservation easement.
2.
A six-foot high stockade or board-on-board fence to be located
at least 15 feet from the adjoining property line. Said fence may
not be located within a front yard setback area.
3.
A landscaped screening located in the buffer area consisting
of Spruces or Douglas Firs with a minimum height of 10 feet at the
time of planting, spaced 15 feet on-center.
E.
Site Triangle Required. No outdoor storage or display area shall
be located within a required site triangle as defined elsewhere herein.
F.
All loading or unloading of watercraft and marine related apparatus
shall occur on-site.
G.
All permitted uses and activities established in conjunction with
marine related sales and services uses shall be clearly accessory
in nature.
H.
Automobile parking areas shall be black-topped. Designated motor
vehicle parking areas shall be used only for parking of vehicles associated
with customers and employees.
I.
Designated areas for boat or marine related vehicle storage or display
need not conform to standards for parking lot paving and design standards
but, shall be segregated from parking areas by means of a raised concrete
curb of at least six inches in height. Concrete wheel stops shall
not be utilized to meet this curbing requirement.
J.
Watercraft transport services shall be permitted as an accessory
use to a marine related sales and services establishment.
K.
All new boat construction shall be carried on within an enclosed
building.
L.
Designated fifteen-foot wide fire lanes shall be provided at regular
intervals and shall be maintained and open at all times. Said fire
lanes shall be subject to the approval of the Township Fire Official.
All applicable requirements of any State or Federal agency including
local health and fire authorities having jurisdiction shall be met.
A.
The building envelope on a lot as defined by the minimum yard requirements
for the location of a principal building, or, in the case of uses
other than single-family residential, the location of an off-street
parking lot, or a loading area, shall enclose a contiguous improvable
area, as defined herein, which is not less than the minimum improvable
area required by Schedule B, Bulk Regulations.[1]
[1]
Editor's Note: Schedule B, Bulk Regulations, can be found
as an attachment to this chapter.
B.
The contiguous improvable area shall be of such dimensions that it
shall be able to contain within it the shape of a circle whose minimum
diameter is not less than as prescribed by Schedule B, "Bulk Regulations,"
for the diameter of the minimum improvable area.
C.
Any existing detached single-family dwelling which is a conforming
use but which is on a lot made nonconforming by the provisions of
this subsection, may be enlarged or expanded within its improvable
area provided that such expansion conforms to all other zone district
regulations.
A.
The total number of off-street parking spaces and loading spaces
required for all uses or combination of uses shall be provided as
specified in this section. Any building or site containing more than
one use shall meet the combined parking space and loading requirements
for all uses, based on the area utilized for each separate use. The
parking space schedule and loading space schedule in this section
represents general parking and loading requirements acceptable to
the Township. Since a specific use may generate parking usage and/or
loading/unloading activities that deviates from the requirements enumerated
in this section, documentation and testimony shall be presented to
the Board as to the anticipated parking usage and loading activities.
The parking requirements for any use not specifically indicated shall
be determined by the Board based on evidence presented at the time
of the application and based on requirements for similar type uses.
Based upon the above, the Board may take action as follows:
1.
Grant a variance from parking requirements to permit a lesser
number of spaces, provided, however, that spaces shall be shared by
two or more separate uses with non-conflicting parking usage schedules;
2.
Grant a variance from parking space requirements contingent
upon the applicant obtaining a specified number of reserved off-street
parking spaces from another source, including, but not exclusively,
the Township of Hazlet;
3.
Require construction of a greater number of spaces.
B.
Parking Space Dimensions. Standard parking spaces shall measure 10
feet wide by 20 feet long. Handicapped parking spaces shall measure
12 feet wide by 18 feet long.
C.
Multi-level Parking Structure.
1.
Building Coverage and Floor Area Ratio. That portion of a multi-level
parking structure specifically designed to accommodate parking and
driveway areas shall not be included in determining the maximum permitted
building coverage and/or maximum floor area ratio (F.A.R.) on a particular
tract.
2.
Standards. Where allowed as an accessory structure for a permitted
principal use, a multi-level parking structure shall conform to the
following requirements:
a.
The structure shall not exceed six levels and 55 feet. In no
instance shall a multi-level parking structure exceed the height of
the principal structure.
b.
The required setbacks for multi-level parking structures shall
be the same as those set forth for principal permitted structures.
No multi-level parking structure may be located closer to a residential
property line than a distance equal to the height of the structure.
c.
A security office and/or attendant area not to exceed 500 square
feet in area may be located within the multi-level parking structure.
d.
The architectural design for the facades of parking structures
shall incorporate features such as articulated parapet walls, ornamental
projections, varied planter widths and similar items to add visual
interest and improve the overall appearance of the structure as viewed
from the street.
e.
Adequate lighting shall be provided at all levels of a multi-level
parking structure to ensure motorist and pedestrian safety and security.
Bollard-style light fixtures are encouraged at the uppermost level
of the structure to mitigate off-site light spillage. The maximum
mounting height of a light fixture as measured from the uppermost
level of the structure shall be 12 feet.
D.
Number of Parking Spaces. In all zone districts, except for uses
in designated historic zone districts, there shall be provided, at
the time that any building or structure is erected, enlarged, increased
in capacity or has a change of use, parking spaces in accordance with
the requirements in the schedule below.
|
Number of Parking Spaces Schedule
| |
|---|---|
|
Use
|
Off-Street Parking Requirement
|
|
Residential Single-family or Multifamily
|
SEE RSIS STANDARDS
|
|
Assisted living facility
|
1 space per 3.5 rooms
|
|
Automobile service station
|
1 space per 3 gas dispenser
|
|
Automotive body repair and painting
|
2 spaces per bay and work area
|
|
Automotive Sales Establishments
|
1 space for every 1,000 square feet of area used for such purpose
|
|
Bank
|
1 space per 250 square feet of gross floor area
|
|
Car wash
|
5 spaces per washing lane + 1 space per full-time employee
|
|
Community center
|
1 space per 250 square feet of gross floor area
|
|
Community residence for the developmentally disabled
|
1 space per employee
|
|
Computer training facility
|
1 space per computer training terminal space + 1 space per 400
square feet of gross floor area
|
|
Family day care
|
1 space per employee
|
|
Funeral home or Mortuary
|
1 space per each 8 seats in chapel, + 1 additional space for
each resident family + 1 additional for each funeral vehicle
|
|
Garden center/Nursery/Landscape
|
1 space per every 1,000 square feet of area used for such purpose
|
|
Recreational Establishments, commercial other than a theater,
bowling, auditorium or stadium
|
1 space for each 100 square feet of non-storage floor area.
|
|
Bowling Establishments
|
At least 4 spaces for each bowling lane. In addition such as
a bar or restaurant are provided, additional parking spaces shall
be provided in accordance with the requirements for similar uses.
|
|
Hotel
|
1 space per each guest room or 1 space for each, sleeping room,
whichever is greater plus additional parking required per schedule
for Restaurant & Banquet Facilities
|
|
Laundromat
|
1 space per 3 washer or dryer machines
|
|
Medical or Dental Offices
|
Each office shall provide a minimum of 5 spaces for each professional
person occupying or using each office, plus an additional space for
each employee.
|
|
Industrial or Manufacturing establishments
|
1 space for each 400 square feet of floor area exclusive of
storage space
|
|
Marine related sales and service
|
1.5 spaces per 1,000 square feet per gross floor area + 1 space
per full-time employee
|
|
Nightclub/Banquet Facility
|
1 space per 50 square feet
|
|
Office Building/Professional Office Building
|
1 space per 200 square feet of floor area
|
|
Personal service
|
1 space for each 150 square feet of gross first floor area plus
1 space for each 200 square feet of additional gross floor area
|
|
Place of worship
|
1 space per 4 seats; every 3 feet of a pew measured horizontally
shall be considered a seat
|
|
Educational Public or Private
|
1 space for each 2 employees including teachers and administrators,
additional parking for students, taking into consideration the number
of student drivers. The requirements for stadium, gymnasium and auditorium
use shall be in addition to these requirements.
|
|
Restaurant or similar place dispensing food, drink or refreshments
|
1 space for each 50 square feet of floor area devoted to patron
use
|
|
Shopping Center (Business Neighborhood), Retail Sales and Services
|
7 spaces for each 1,000 square feet of leasable floor area
|
|
Shopping Center (Regional)
|
6 spaces for each 1,000 square feet of leasable floor area
|
|
Hospital
|
1 space for each 2 patient beds, + 1 space for each medical
staff member or visiting doctor, + 1 additional space for each 4 employees,
including nurses
|
|
Railroad or Bus Station
|
1 space for each 100 square feet of waiting room space, including
concession and dining areas
|
|
Self-storage facility
|
1 space per employee + 1 space per 1,000 square feet of gross
floor area
|
|
Tavern
|
1 space per 2 seats
|
|
Theater
|
1 space per 3 seats
|
|
Warehouse & distribution facility
|
1 space per 2,500 square feet of gross floor area
|
F.
For uses not specifically described herein, parking requirements
shall be determined by the approving authority during a public hearing.
These requirements are considered minimum standards, and parking may
be provided in excess of these requirements, but in no case shall
the provided parking for non-residential uses exceed these minimum
requirements by more than 20%. This restriction shall not apply to
single-family dwelling units.
G.
All permitted and required accessory off street parking spaces shall
be located on the same lot as the use to which the spaces are accessory,
or upon an adjacent lot in common ownership.
H.
1.
Provisions for Proper Drainage and Maintenance. All off-street
parking, off-street loading and service facilities shall be so drained
as to prevent damage to abutting properties and/or public streets
and shall be constructed of materials which will assure a surface
resistant to erosion. Such drainage and materials shall be installed
as required by the Township Engineer. All such areas shall be at all
times maintained at the expense of the owners thereof, in a clean,
orderly and dust free condition.
2.
Separation from Walkways and Streets. All off-street parking,
off-street loading and services areas shall be separated from walkways,
sidewalks, streets or alleys by curbing or other protective device
approved by the Township Engineer.
3.
Private Walks Adjacent to Business Buildings. A private walk
if provided adjacent to a business building, shall be not less than
four feet in width and shall be in addition to the other requirements
of this Ordinance.
4.
Buffer Required when Adjoining Property is Residential. Where
off-street parking, loading or service areas are proposed to be located
closer than 50 feet from a lot in any residential zone or to any lot
upon which there exists a dwelling as a permitted use under these
regulations, and where such parking, loading and service areas are
not entirely screened visually from such lot by an intervening building
or structure, there shall be provided along the lot line a continuous
buffer strip. No such buffer shall extend nearer to a street right-of-way
than the established building line of the adjoining residential lot.
5.
Interior Driveways. Interior driveways shall be a least 24 feet
in width where used with 90° angle parking, at least 20 feet in
width where used with 45° angle parking. Where used with parallel
parking, or where there is no parking, interior driveways shall be
at least 12 feet wide for one-way traffic movement and at least 24
feet wide for two-way traffic movement.
6.
Connection to a Public Right-of-Way. Each off-street parking,
loading or service area shall be connected to a public street right-of-way
by means of a driveway constructed in accordance with at least the
minimum standards required by the Township Engineer.
7.
Size of Driveway. A driveway exclusive of curb return radii
shall not be less than 12 feet in width. A curb return radius for
a driveway at its entrance to a public street shall not exceed 10
feet unless required. The maximum width of a driveway exclusive of
curb return radii shall not exceed 36 feet except for unusual circumstances
unless specifically reviewed and approved by the Township Engineer.
8.
Off-Street Parking Space within Buildings. Garage space or space
within buildings, in basements, or on the roofs of buildings may be
used to meet the off-street parking requirements of this Ordinance,
provided such space is designed to serve as off-street parking spaces.
9.
Pavement Markings and Signs. Each off-street parking space shall
be clearly marked and pavement directional arrows or signs shall be
provided wherever necessary. Markers, directional arrows and signs
shall be properly maintained so as to ensure their maximum efficiency.
10.
Joint Parking Facilities. The off-street parking requirements
for two or more neighboring uses of the same or different types, may
be satisfied by the allocation of the required number of spaces for
each use in common parking facility; provided that the number of off-street
parking spaces is not less than the sum of individual requirements,
provided further, that there be compliance with all other provisions
of these regulations.
11.
Parking Provided on the Same Lot as Main Building. Off-street
parking spaces for one-family and two-family dwellings shall be located
on the same lot as the main building to be served. Off-street parking
spaces for multi-family dwellings shall be located on the same lot
as the main building to be served or not more than 300 feet distant,
as measured along the nearest pedestrian walkway. Off-street parking
spaces for all other uses shall be provided on the same lot as the
main building to be served or not more than 500 feet distant, as measured
along the nearest pedestrian walkway.
12.
Requirements for Combined Uses. The number of off-street parking
spaces required by land or building used for two or more purposes
shall be the sum of the requirements for the various individual uses.
13.
Sharing of Parking Facilities. Off-street parking facilities
for one use shall not be considered as providing the required facilities
for any other use, provided that 1/2 of the off-street parking space
required by any use whose peak attendance will be at night or on Sundays,
such as churches, theaters and assembly halls, may be assigned to
a use which will be closed at night or on Sundays.
14.
Computing Number of Employees. For the purpose of this section,
the number of employees shall be computed on the basis of the average
number of employees to be employed during peak shift.
15.
Fractional Spaces Required. When units of measurement determining
the number of required off-street parking and off-street loading spaces
results in the requirements of a fractional space, any fraction up
to and including 1/2 shall require one off-street parking or off-street
loading space.
16.
Off-Street Parking and Loading Spaces within a Required Setback.
No required off-street parking and loading space including maneuvering
areas for such off-street parking or loading space shall be established
in an area between the front building line and the street right-of-way
line in the BN-1, BN-2, I-A and I-A-I zones.
17.
Other Use of Off-Street Parking Spaces Prohibited. No off-street
parking or loading area shall be used for the sale, repair, dismantling
or servicing of any vehicles, equipment, materials or supplies.
For all uses except single-family dwellings, individual parking
spaces shall be prohibited in any front yard setback area.
Nothing in this section shall be construed to prohibit trailers
hauling, loading or unloading merchandise in the course of their customary
function. No trailer shall be used except as specified hereunder.
A.
Natural Calamity. Trailers used for temporary residency by any occupant
of a dwelling that is being reconstructed due to damage from a fire,
flood, or other natural calamity shall be subject to the following
provisions:
1.
The trailer is placed only on the same lot that contains the
dwelling that is being reconstructed.
2.
An approved zoning permit shall be obtained from the Zoning
Officer prior to the placement of such temporary trailer on the site.
The Zoning Officer, under the advisement of the Construction Code
Official and Chief of the Fire Department shall be responsible for
determining the most practical location for such trailer.
3.
The time period of occupancy of such trailer shall not exceed
six months, provided however, that the Zoning Officer may extend the
time period of occupancy for an additional time period of occupancy
for an additional time period of up to three months due to exceptional
circumstances that prevent the reconstruction and re-occupancy of
the damaged building within the initial six-month time period. However,
in no instance shall such trailer be occupied for a time period to
exceed nine months, unless extended by the Zoning Board of Adjustment.
B.
Construction and Storage Trailers. Trailers used for construction
offices and for storage of materials and supplies on a job site may
be used during the period of construction only. Such trailers may
be used only during the construction phase of a development. All material
storage and construction office trailers must be removed if no site
work or construction activity has occurred on-site for 45 days or
more, or if construction activity has substantially slowed. Such trailers
must be removed upon the completion or final occupancy of the new
structure.
C.
Office and Classroom Trailers. Trailers for temporary use including
but not limited modified mobile homes for office use and classroom
space may be placed on a lot in a non-residential zone provided that:
1.
"Temporary use" means use prior to final occupancy of a permanent
structure;
2.
The temporary use is in conjunction with a principal building
and a permitted use being undertaken, or approved to be undertaken
on the lot;
3.
Trailers shall not be located between a principal structure
and the front street line and all required setbacks and yards specified
for the respective zone are observed;
4.
On a corner lot, trailers shall not be located between a principal
building and any adjacent street line and shall observe all required
setbacks and yards specified for the respective zone;
5.
Site plan approval for a permanent principal structure on the
same lot is obtained prior to placement of a trailer;
6.
Use of a trailer permitted under this section does not commence
prior to site plan approval and does not exceed one year from the
date of such site plan approval unless extended by Planning Board;
7.
The time period of occupancy of such trailer shall not exceed
six months, provided however, that the Zoning Officer may extend the
time period of occupancy for an additional time period of occupancy
for an additional time period of up to three months due to exceptional
circumstances within the initial six month time period. However, in
no instance shall such trailer be occupied for a time period to exceed
nine months, unless extended by the Planning Board.
D.
Sales Offices.
1.
In subdivisions and site plans approved for residential construction,
the Zoning Officer may permit a temporary sales office, provided that,
prior to issuance of a construction permit for such temporary sales
office, final approval for the tract upon which the temporary sales
office is to be located shall be effective. Only one temporary sales
office is permitted per tract.
2.
A site plan must be submitted to the Zoning Officer for review
for compliance with all area and yard requirements and all design
standards required in the zone district where it is located. Any relief
from the aforesaid requirements or standards may only be granted by
the appropriate board of jurisdiction.
3.
Parking on other than accepted public roadways. The following
minimum on-site parking spaces must be provided:
a.
One space for each employee.
b.
One space for each 10 units or portion thereof for the first
50 units in any project.
c.
One space for each 25 additional units or portion thereof in
any project greater than 50 units.
d.
The parking area surface may be gravel if maintained in a dust-free
manner. However, the area of the driveway at least 25 feet from the
street cart-way shall be constructed of bituminous asphalt to prevent
tracking of stone or dirt onto the public street.
4.
A zoning permit and a certificate of occupancy are required
for all temporary sales offices.
5.
The temporary sales office may only be located on the site until
the 15th or final certificate of occupancy is issued for the dwelling
units, whichever occurs first. At that time the developer shall have
30 days to remove the temporary sales office and any appurtenances
from the site and restore any area disturbed. If the developer desires
to continue a sales office use, it must thereafter be from within
a proposed dwelling unit.
6.
Sales shall be limited to dwelling units being marketed in the
tract on which the temporary sales office is located; sales of off-tract
dwelling units are prohibited. Building materials and all other materials
except those directly related to the promotion and sale of dwellings
in the tract, such as decorating samples, brochures and office supplies,
may not be stored in the sales office. Use of the sales office for
living quarters is prohibited.
7.
The municipal agency may also approve a temporary sales office
in conjunction with its review and approval of the site plan or subdivision
application, provided that the site plan and traffic control plan
therefor have been submitted.
E.
Storage. No trailer may be temporarily or permanently used for storage
of materials in any zone district.
A.
The following regulations shall apply to all charitable bins
located in a nonresidential zone. Charitable bins shall be permitted
in the BN1, BN2, BH, BP1, BP2, BP3, IA, IA-1 and CD Zones. Charitable
bins shall not be permitted in any residential zone. This Ordinance
requires the owners of all charitable bins to register with the municipality.
To obtain zoning approval the owner is required to submit the following:
1.
Specify the location where the bin(s) will be located on the
property.
2.
Provide the name and telephone number of the "bona fide" office
of any charity or business that will profit from any such collections.
3.
Maintain a "bona fide" office to be staffed with a representative
who can be reached by telephone during normal business hours. An answering
machine or answering service does not constitute an office.
4.
Describe the manner and frequency by which the bin(s) shall
be maintained.
5.
Obtain written consent from the property owner to place the
bin(s) on their property.
6.
Display in a clear and conspicuous location on the outside of
the bin(s) the name, address and telephone number of the person or
organization who owns the bin(s). Also upon Township approval the
permit number along with the expiration date shall be displayed on
the outside of the bin(s).
B.
Fee. $25 per year/per bin, up to a maximum of six bins.
C.
Enforcement.
1.
The Zoning Official and/or her designee shall not grant a permit
to place, use or employ charitable bins if the placement of the bin
constitutes a safety hazard.
2.
The Zoning Official and/or her designee shall investigate any
complaints from the public concerning the bin(s) within 30 days. If
the bin owner does not rectify any violation, the Township may seize
the bin, remove it at the owner's expense and sell the contents at
public auction. All proceeds from the sale shall be paid to the CFO
of the Township.
3.
Violations of the State of New Jersey Chapter 209 (P.L. 2007,
c.209) which results in the seizure of donation bins shall be subject
to penalty of up to $20,000. The Township of Hazlet may bring action
in Municipal Court or Superior Court.
[Ord. No. 1571-2015]
A.
No building erected on any lot need be set back farther from the
street line than the average alignment of existing buildings within
200 feet on each side of the lot and within the same block front and
district; however, regardless of the alignment of neighboring buildings,
no building erected between two existing buildings on immediately
adjacent lots need be set back farther than that of the two said buildings
which is farther from the street line.
B.
No open space provided around any principal building for the purposes
of complying with the front, side, or rear yard requirements of this
Ordinance shall be considered as providing for the required yard areas
of another principal building.
Definitions. The following words and terms used in this Article
shall have the meanings set forth below unless the context clearly
indicates otherwise.
All of the above-defined terms, collectively.
Without limitation, any street stands or stands located in
a public area such as a park or parking lot, for the sale or distribution
of licit goods, merchandise or other articles, including, but not
limited to, flea markets, swap meets and fund-raising sales, but shall
not include any itinerant merchants, transient vendors, salesmen,
peddlers, hawkers, vendors, solicitors or canvassers who shall be
subject to the rules and regulations governing peddling and soliciting
contained in Chapter 243-1 et seq. of the Code of the Township of
Hazlet.
Any event, including but not limited to, a circus, carnival,
fair, festival, concert, exhibition or parade expected to be attended
by 1,000 or more people at any one time.
Any public gathering or assembly protected by the First Amendment
to the United States Constitution and the New Jersey State Constitution,
Article 1 et seq.
Any event, including, but not limited to, a circus, carnival,
fair, festival, concert, exhibition or parade expected to be attended
by less than 1,000 people at any one time.
A.
No person, group of persons, partnership, association or corporation
or any combination thereof, shall maintain, conduct, promote or operate
on any lands or premises within the Township, other than in established
theatres, auditoriums or other places licensed or permitted for public
occupancy as limited by law, or any use thereof for the purposes of
holding an event, or, in any way entertaining the general public,
whether or not admission is charged, except pursuant to a special
use permit issued therefor by the Township as stipulated in this section.
B.
No owner, lessee, licensee or other person, partnership, association
or corporation having any right to or interest in any real property
within the jurisdiction of the Township shall license, rent, lease
or otherwise permit the use of such real property or any part thereof
for the use of any event or any entertainment for the general public,
whether or not admission is charged, other than in established theatres,
auditoriums or other places licensed for public occupancy as limited
by law, except pursuant to special use permit issued therefor by the
Township as stipulated in this Section.
A.
The Township Administrator or their designee shall issue a special
use permit upon written application made by such person, partnership,
association or corporation or combination thereof who proposes to
maintain, conduct, promote or operate such event, together with the
owner, lessor or licensor who proposes to rent, lease, license or
otherwise permit such event, hereinafter collectively referred to
as the "Applicant".
1.
The Applicant shall file a verified application with the Administrator
at least 15 days before the first day of advertising of the event
and at least 90 days before the first day of such event.
2.
If required by law, the Applicant shall file a verified application
with the Mass Gathering Review Board pursuant to the provision of
N.J.S.A. 5:11-1 et seq., the Mass Gathering Act, at least 15 days
before the first day of advertising and at least 60 days before the
first day of such event.
B.
All applications shall be in such form as prescribed hereunder
and shall be accompanied by the required filing fee of $1,000. This
fee may be waived for bona fide nonprofit service organizations, qualified
charities, qualified religious organizations and units of state and
local governments.
C.
The Administrator shall decide whether to issue a special use
permit to the Applicant within 30 days of the receipt of the application,
except for applications for a Public Rally which shall be granted
or denied within two business days of the receipt of a fully completed
application. Such special use permit shall contain such terms and
conditions to ensure the public health, safety and welfare as may
be necessary at the discretion of the Administrator. Should the Administrator
reject the application, such rejection shall be set forth in writing
and describe the reason for such rejection.
A.
The application shall be signed by all persons having a financial
or controlling interest in the event and by the property owners on
whose property the proposed event is to take place indicating their
consent to the application.
B.
For Public Entertainment. The special use permit application
shall include the following information:
1.
The applicant's full name, residence, telephone number, post
office address and whether such applicant is an individual, partnership,
firm, corporation or governmental unit or agency of the state or local
government. All applicants shall submit a financial statement with
their application, except that such statement shall not be required
of units of State and local governments, and may be waived for nonprofit
service organizations, qualified charities, and qualified religious
organizations;
2.
A diagrammatic sketch plan of the proposed site of the public
entertainment showing the locations and dimensions of the proposed
service roads, potable water facilities, sanitary facilities, sewage
disposal facilities, medical service facilities, distribution of security
personnel and provisions for food storage, as well as camping facilities
and projected plans for enclosure, if necessary, of the proposed site;
3.
A statement of the purposes of the gathering and a program of
scheduled events;
4.
If the property on which the gathering is to take place is not
owned by the person(s) or entity(ies) organizing the public entertainment,
then the names of the lessor or licensor and a copy of the lease or
license between the owner and the person(s) or entity(ies) organizing
the public entertainment, or other documents granting the right to
use said property shall be provided;
5.
A statement of the number of persons expected to attend such
event and the duration of such attendance;
6.
The specific details, including certified copies of contracts
entered into or provisions relating to:
a.
Food and drink.
b.
Sanitary facilities.
c.
Transportation and parking facilities.
d.
Security and protection of surrounding area, including specific
reference to the number of guards or special police assisting in the
control of traffic and supervision of those attending. The contract
should indicate the number of security guards in shifts to cover the
event from a period of three days prior to the event until the area
is cleaned and evacuated after the event. Such provisions shall be
reviewed and approved by the Township Police Department,
e.
On-site medical facilities and hospital care.
f.
Janitorial services and post gathering trash removal. A contract
indicating the number of janitorial and clean-up personnel in shifts
to cover the area prior to the event, during the event and until the
area is evacuated.
g.
Outline of the action to be taken to ensure the cleanup and
restoration of the area at which such event takes place within 48
hours after the close of the event.
h.
Provisions for fire prevention and safety as recommended and
approved by the Chief of the Township Fire Department or his designee.
7.
A statement containing the names of licensed ticket printers
to be used and the plans for assuring the return of monies upon the
termination or cancellation of the events as well as the means of
notifying potential and existing ticket holders or such cancellation;
8.
Examples of proposed advertising of the event, if any;
9.
Bond or other arrangement.
a.
A certified copy of a bond or verified evidence of other suitable
financial arrangements, as hereinafter required, must be attached
to the application to include:
(i)
Reimbursement to ticket purchases in the event
of termination or cancellation of the event of or failure of the applicant
to conduct the event as proposed and advertised;
(ii)
Cleanup and restoration of the area at which such
event takes place within 48 hours after the close of the event; and
(iii)
Payment to any volunteer organizations of the
Township who have agreed to provide services for the event.
b.
The bond or other suitable financial surety arrangements shall
be in accordance with the following formula: number of tickets printed
times admission fee for each ticket printed plus $2 per printed ticket
equals minimum amount of bond or other security, but in no event shall
such bond or other suitable financial surety arrangements be less
than $50,000;
10.
An insurance policy covering liability, personal property and
bodily damage in such amounts to be fixed by the Administrator in
addition to Workers Compensation insurance if required pursuant to
the terms and conditions of N.J.S.A. 40:52-1.1 and any other statutory
insurance requirements.
C.
The Applicant, prior to the event, shall post a bond or other
financial surety arrangements suitable to the Administrator for the
amount and surety, pursuant to the Township Code.
D.
For All Other Events. The special use permit application shall
include the following information:
1.
The Applicant's full name, residence, telephone number, post
office address and whether such applicant is an individual, partnership,
firm, corporation or other entity or governmental unit or agency of
the State or local government. All applicants shall submit a financial
statement with their application, except that such statement shall
not be required of a unit of state or local government. The provision
of a financial statement and the requirements for same may be waived
at the discretion of the Administrator;
2.
A diagrammatic sketch plan of the proposed site of the public
entertainment showing, to the extent applicable, the locations and
dimensions of the proposed service roads, potable water facilities,
sanitary facilities, sewage disposal facilities, medical service facilities,
distribution of security personnel and provisions for food storage,
as well as camping facilities and projected plans for enclosure, if
necessary of the proposed site;
3.
A statement of the purposes of the gathering and a program of
events scheduled;
4.
If the property on which the gathering is to take place is not
owned by the person(s) or entity(ies) organizing the event, then the
names of the lessor or licensor and a copy of the lease or license
between the owner and the person(s) or entity(ies) organizing the
event, or other documents granting the right to use said property
shall be provided;
5.
The specific details, to the extent applicable, including certified
copies of contracts entered into or provisions relating to:
a.
Sanitary facilities.
b.
Transportation and parking facilities.
c.
Security and protection of surrounding area, including specific
reference to the number of guards or special police assisting in the
control of traffic and supervision of those attending. The contract
should indicate the number of security guards in shifts to cover the
event from a period of three days prior to the event until the area
is cleaned and evacuated after the event. Such provisions shall be
reviewed and approved by the Township Police Department,
d.
On-site medical facilities and hospital care.
e.
Janitorial services and post gathering trash removal.
f.
Outline of the action to be taken to ensure the cleanup and
restoration of the area at which such event takes place within 48
hours after the close of the event.
g.
Provisions for fire prevention and safety as recommended and
approved by the Chief of the Township Fire Department or his designee.
6.
An insurance policy covering liability, personal property and
bodily damage in such amounts to be fixed by the Administrator in
addition to Workers Compensation insurance if required pursuant to
the terms and conditions of N.J.S.A. 40:52-1.1 and any other statutory
insurance requirements.
The above provisions and the requirements for same may be waived
at the discretion of the Administrator.
E.
For all Events. Designated representatives of the Township Departments
of Police, Fire and Health shall be permitted to inspect at any time
the site of the event for the purpose of investigating the application
and for the purpose of ensuring compliance with the provisions of
this section.
F.
Fee For all Events. A fee of $1,000 shall accompany each application unless exempt or waived under subsection 181-408.18.02.
All events shall cease operations no later than 12:00 midnight
and shall be subject to the provisions of the Code of the Township
of Hazlet Entitled "Curfew." All applicants shall be subject to the
Code of the Township of Hazlet entitled "Noise."
All applicants shall be subject to the Township's Development
Review Ordinance, zoning and/or planning ordinances and shall secure
any necessary approvals from the Township Zoning Board of Adjustment
and/or Planning Board, if applicable.
A.
Public Rallies. Denial of a special use permit for a public
rally by the Administrator shall be in writing and shall be mailed
to the applicant on the address set forth in the application. Notice
shall include the reasons for the refusal of said permit. If the applicant
accepts the refusal of said permit, applicant shall acknowledge same
in writing. If the applicant fails to sign the acceptance or takes
no action, the Township may apply for a judicial determination and
final hearing on the denial on the merits within two days of said
denial. The Township may request a temporary restraining order and
permanent restraints in order to effectuate its denial of the Special
Use Permit.
B.
All Other Events. In the event that the Administrator denies
a Special Use Permit, it shall so advise the applicant, in writing,
and include its reasons for the refusal of said Special Use Permit.
The applicant shall have the right to appeal this decision to the
Township Committee by serving written notice thereof to the Municipal
Clerk within five business days of the date of said refusal. The applicant
shall also serve a copy of said appeal on the Administrator at the
same time, and said Administrator shall immediately forward the application
and the reasons for its refusal to the Township Committee, which shall
then consider the application and sustain or overrule such denial
within 30 days from the receipt of the appeal by the Municipal Clerk.
Subject to applicable law, the decision of the Township Committee
shall be final.
The penalties for the violation of this ordinance shall be a
fine not to exceed $1,250 and/or incarceration in the County jail
for not more than 90 days.
A.
Adult entertainment uses may be permitted when authorized as a conditional
use by the Planning Board in the BP-3 and I-A-1 Zone Districts in
accordance with the following conditions:
1.
In the BP-3 and I-A-1 Zone Districts, no adult entertainment
use shall be permitted within 1,000 feet of another adult entertainment
use, any lot or building used partially or wholly for residential
purposes, a hospital, a nursing home, an assisted living facility,
a school, a public facility, a day care or child-care center.
2.
An adult entertainment use shall not be permitted in any area
other than the BP-3 and I-A-1 Zone District.
B.
ADULT ARCADE
ADULT BOOKSTORE OR ADULT VIDEO STORE
ADULT CABARET
ADULT ENTERTAINMENT
ADULT MOTEL
ADULT MOTION PICTURE THEATER
ADULT THEATER
COMMERCIAL DISPLAY
NUDITY OR THE STATE OF NUDITY
OBSCENE MATERIALS
PERSON
SEMI NUDITY OR A STATE OF SEMI NUDITY
SEXUALLY ORIENTED BUSINESS
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
Definitions. For the purpose of this Section, the terms used within
this Ordinance shall be defined as follows:
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, or mechanically
controlled still or image-producing devices are maintained to show
images to one person per machine at any one time, and where the images
so displayed are distinguished or characterized by the depicting or
describing of "specified sexual activities" or "specified anatomical
areas."
A commercial establishment which as its principal business
(i.e., more than 25% of its floor space) conspicuously offers for
sale or for rental for any form of consideration any one or more of
the following: (1) books, magazines, periodicals or other printed
material, or photographs, films, motion pictures, video cassettes,
or video reproductions, slides or other visual representations which
depict or describe "specified anatomical areas;" or (2) instruments,
devices, or paraphernalia which are designed for use in connection
with "specified sexual activities."
A nightclub, bar, restaurant, or similar commercial establishment
which regularly features: (1) persons who appear in a "state of nudity"
or a "state of semi-nudity;" or (2) live performances which are characterized
by the exposure of "specified anatomical areas" or by "specified sexual
activities;" or (3) "adult entertainment."
Any exhibition of any motion pictures, video cassettes, slides
or other photographic reproduction, live performance, display or dance
of any type which has as its dominant theme, the depiction of or any
actual or simulated "specific sexual activities" or "specified anatomical
areas" as defined below.
A hotel, motel or similar commercial establishment which
offers accommodations to the public for any form of consideration,
and which (1) provides patrons with closed-circuit television transmissions,
films, motion pictures, video cassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of "specified sexual activities" or "specified anatomical areas" and
has a sign visible from a public right-of-way which advertises the
availability of this adult type of photographic reproductions; or
(2) offers a sleeping room for rent for a period of time that is less
than 10 hours; or (3) allows a tenant or occupant of a sleeping room
to sub-rent the room for a period of time that is less than 10 hours.
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of "specified sexual activities" or "specified anatomical
area."
A theater, concert hall, auditorium, or similar commercial
establishment which regularly features persons who appear in a state
of nudity of live performances which are characterized by the exposure
of "specified anatomical areas" or by "specific sexual activities."
The exhibition to the senses of another person for valuable
consideration whether the valuable consideration is paid by the recipient
of the exhibition or by another and whether the exhibition occurs
at the exhibitor's place of business or elsewhere.
The appearance of a human bare buttock anus, male genitals,
female genitals or female breasts with less than a fully opaque covering.
The definition of obscene materials set forth in N.J.S.A.
2C:34-2 as same shall be from time to time amended or supplemented,
as well as in accordance with and not more strictly than judicial
interpretations thereof pursuant to the Constitutions of the United
States and of the State of New Jersey finally concluded in courts
of jurisdiction sufficient to render decisions on constitutional questions
of general application.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
A state of dress in which fully opaque clothing covers no
more than the genitals, pubic region, and areolae of the female breast,
exclusive of those portions of the body covered by straps or devices
which support such clothing.
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion picture theater or adult theater.
(1) Less than completely and opaquely covered human genitals,
pubic region, buttock or female breasts below the point immediately
above the top of the areola; or (2) human male genitals in a discernible
turgid state, even if completely and opaquely covered.
Includes any of the following: (1) the fondling or other
erotic touching of human genitals, pubic region, buttock or female
breasts; (2) sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation or sodomy; (3) masturbation, actual or
simulated; or (4) excretory functions as part of or in connection
with any of the activities set forth in (1) through (3).
C.
Locational Limitations. It shall be a violation of this section if
a person operates or causes to operate or allows to be operated any
of the following uses.
1.
Any sexually oriented business except an adult motel within
1,500 feet of a place of worship.
2.
Any sexually oriented business, except an adult motel, within
500 feet of a school, whether public or private.
3.
Any adult motel within 1,000 feet of any place of worship, school,
whether public or private, any residence, or any other sexually oriented
business.
4.
Any sexually oriented business within 1,000 feet of any public
park or playground.
5.
Any sexually oriented business in any Zone District other than
the BP-3 and I-A-1 Zone Districts.
D.
Measurements. Measurements shall be made in a straight line, without
regard to intervening structures or objects, from the nearest portion
of the building or structure used as a part of the premises where
a sexually oriented business is conducted, to the nearest portion
of the building or structure which is used as a place of worship,
a school, the nearest boundary line of a lot devoted to residential
use or a school bus stop.
E.
Limitations Upon Nonconforming Uses A sexually oriented business
lawfully operating as a conforming use is not rendered a non-conforming
use by the location, subsequent to the establishment of the sexually
oriented business of a place of worship, school, public area, residence,
or residential lot within those locational limitations imposed by
paragraph C above.
F.
Application of Ordinances Sexually oriented businesses shall conform
with design standards, development and other requirements established
through the ordinances of the Township of Hazlet.
G.
Separate Offenses.
1.
Each day that a sexually oriented business is in operation,
in violation of paragraph C above, such day shall constitute a separate
offense under this section.
2.
Each separate film, video cassette or other visual reproduction
of each showing of live entertainment which is displayed to another
in violation of paragraph C above is a separate offense under this
ordinance.
Assisted living facilities may be permitted when authorized
as a conditional use by the Planning Board in the SC-1 and SC-2 Zone
District in accordance with the following conditions:
A.
The facility shall provide individual apartment units with, at a
minimum, one unfurnished room, a private bathroom, a kitchenette,
and a lockable door on the unit entrance;
B.
A Certificate of Need from the New Jersey Department of Health and
Senior Services shall be demonstrated;
C.
Bulk Requirements.
|
Minimum lot area:
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1 acre
|
|
Minimum front yard setback:
|
20 feet
|
|
Minimum side yard setback:
|
20 feet or the maximum height of the building, whichever is
greater
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Minimum rear yard:
|
15 feet
|
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Maximum height:
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40 feet and 3 stories
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D.
A buffer area of at least 15 feet in width shall be provided to adjacent
residential uses, consisting of massed evergreen and deciduous plantings.
E.
A porte-cochere may project 15 feet into the front yard setback area,
provided adequate landscaping is provided between said porte-cochere
and the front yard line.
Automotive body repair and painting may be permitted when authorized by the Planning Board in the I-A and I-A-1 Zone Districts in accordance with Section 181-404 as follows:
A.
All lubrication, repair, painting, or similar activities shall be
performed in a fully enclosed building. No exterior display or storage
of parts shall be permitted.
B.
No junked motor vehicle or part thereof, or such vehicles incapable
of normal operation upon the highway, shall be permitted on the premises
of the repair garage.
C.
No vehicle awaiting repair or disposition at the repair garage shall
be permitted on the premises for a period exceeding 10 days.
D.
No more than 30% of the lot may be utilized for temporary outdoor
vehicle storage. Regardless of lot area, a maximum of 15,000 square
feet may be devoted to temporary outdoor vehicle storage.
E.
A designated temporary outdoor storage area shall be enclosed by
a continuous solid fence at least eight feet in height for screening
purposes. The perimeter of said fence shall be generously landscaped
with ornamental landscaping.
F.
No temporary outdoor storage area shall be located within 20 feet
of a residential zone district.
G.
In addition to landscaping that is otherwise required pursuant to
the provisions of this Ordinance, a minimum of 25% of the front yard
shall consist of landscape screening of the building and front yard
parking.
H.
No exterior display of motor vehicles, recreational vehicles, boats,
other forms of transportation, or equipment for sale shall be permitted.
A.
Churches and other places of worship shall be permitted when authorized
by the Planning Board in the R-125, R-100, R-70, R-50 and MDRT in
accordance with the following:
1.
The minimum lot area of 2 1/2 acres shall be required.
2.
A minimum frontage shall be 200 feet in width, 75 feet front
yard setback, 50 feet each side yard setback and 75 feet rear yard
setback.
3.
Where a combination of school and other religious activity use
is proposed, the school shall be an accessory use.
4.
The site shall have direct access to a street classified as
a major collector or a secondary arterial road in the Township Master
plan, as amended.
5.
The traffic impact for the immediate
area as well as the increased traffic volume being created by the
proposed use shall be analyzed in a written form by a qualified traffic
engineer and shall conclude that the proposed use satisfied the following:
6.
Maximum site coverage shall not exceed 20% of the entire tract.
Community centers shall be permitted in the BN, BN1, BH, BP1,
BP2 and BP3 Zone Districts in accordance with the following conditions:
A.
The site includes or is in close proximity to open space which can
be utilized for active recreation.
B.
Direct access to at least a collector roadway to serve the use is
available.
C.
All interior areas designed for potentially noisy activities are
sufficiently sound-insulated or separated from adjacent residential
structures so as to avoid any noise nuisance.
Public utility uses may be permitted in the BN-1, BN-2, BP-1,
BP-2, BP-3 and the CD Zone when authorized as a conditional use by
the Planning Board in Accordance with the following conditions.
A.
Site plans, specifications and a statement setting forth the need
and purpose of the installation are filed with the board of jurisdiction.
B.
Proof is furnished that the proposed installation in a specific location
is necessary and convenient for the efficiency of the public or private
utility system or the satisfactory and convenient provision of service
by the utility to the neighborhood or area in which the particular
use is located.
C.
The design of any building utilized in connection with such facility
conforms to the general character of the area and shall in no way
adversely affect the adjacent properties. No building may exceed 20
feet in height.
1.
A continuous six-foot high board-on-board fence shall be provided
to screen the public utility facility from public view and to ensure
security. Other fence types that provide 50% visibility may be used,
provided adequate, continuous landscaping is provided at the fence
perimeter. Said plantings shall be evergreen, and shall be six feet
high at the time of planting.
2.
A structure associated with a public utility facility in a non-residential
zone district may not be located closer than 50 feet to residential
property line.
3.
Building or mounted lighting fixtures may be utilized, provided
shielding is provided to reduce glare to adjacent properties. Motion-sensitive
lighting is encouraged.
4.
Appropriate safety devices shall be provided at the public utility
facility to ensure public safety.
Public self-storage facility may be permitted in the I-A, I-A-1
Zone District when authorized by the Planning Board in accordance
with the following conditions:
A.
Such facility shall be limited to a maximum F.A.R. of 0.90.
B.
No storage of hazardous or combustible materials shall be permitted.
C.
No sale of material shall be permitted from the premises, except
for the purpose of satisfying unpaid rent pursuant to law.
D.
No animals or livestock shall be permitted on the premises.
E.
No outside storage shall be permitted except that boats and recreational vehicles may be stored in the rear yard provided that they are properly screened from the traveling public in accordance with Section 181-503.
F.
Buildings shall be separated a minimum of 35 feet except that the
distance may be reduced to 25 feet in instances where no access to
individual storage facilities is proposed. The reduction only applies
where no access is allowed on both sides of the drive aisle.
G.
The facility will be completely surrounded by architectural fencing
or walls a minimum of six feet in height.
I.
A single residential unit for the use of a caretaker and immediate
family shall be permitted.
J.
Any other provisions not herein modified shall apply.
A system of electrical conductors that transmit or receive
radio frequency signals for wireless communications.
A structure other than a telecommunications tower which is
attached to a building and on which one or more antennas are located.
Use of a common PWTF or a common site by two or more wireless
license holders or by one wireless license holder for more than one
type of communications technology and/or placement of a PWTF on a
structure owned or operated by a utility or other public entity.
Means accessory facilities serving and subordinate in area,
extent and purpose to, and on the same lot as, a telecommunications
tower or antenna location. Such facilities include, but are not limited
to, transmission equipment, storage sheds, storage buildings, and
security fencing.
Facilities for the provision of Wireless Communications services,
including, but not limited to, antennas, antenna support structure,
telecommunications towers, and related facilities other than PWTEFs.
A freestanding structure on which one or more antennas are
located, including lattice towers, guyed towers, monopoles and similar
structures.
Any personal wireless services as defined in the Federal
Telecommunications Act of 1996 (FTA) which includes FCC licensed commercial
wireless telecommunications services including cellular, personal
communication services (PCS), specialized mobile radio (SMR), enhanced
specialized mobile radio (ESMR), paging, and similar services that
currently exist or that may in the future be developed. It does not
include any amateur radio facility that is owned and operated by a
federally-licensed amateur radio station operation or is used exclusively
for receive only antennas, nor does it include non-cellular telephone
services.
The purpose of this section is to provide sound land use policies,
procedures and regulations for personal wireless telecommunications
facilities to protect the Township of Hazlet from the visual or other
adverse impacts of these facilities, while encouraging their unobtrusive
development to provide comprehensive wireless telecommunications services
in the Township of Hazlet with its benefits to residents and businesses.
This section expresses a preference that antennas be located on existing
buildings and towers, preferably on municipal or other public property,
and not on newly constructed telecommunications towers; and encourages
collocation and site sharing of new and existing PWTFs.
A.
Height Standards. Where permitted, PWTFs may exceed the maximum
building height limitations, provided the height has the least visual
impact and is no greater than required to achieve service area requirements
and potential collocation, when visually appropriate and complies
with the additional setback requirements contained in paragraph B.
below. PWTEFs are limited to 12 feet in height.
B.
Setback Standards. All PWTF and PWTEF shall be set back a distance
equal to 100% of the height of the tower from any adjoining lot line
and all non-appurtenant buildings. In order to fulfill this requirement,
the placement of all telecommunication towers shall be subject to
the minimum yard requirements of the applicable zoning district in
which it is located, provided that the prevailing setback in the applicable
zone be increased by one foot for every one foot of tower height which
is in excess of the height permitted according to the applicable zone.
There shall be a minimum telecommunication tower setback of
500 feet from any residential zone district line, school and/or site
listed on a historic register.
There shall be a minimum separation distance of 1,000 feet between
telecommunication towers to minimize proliferation of telecommunication
towers and to encourage shared usage.
If PWTEFs are located on the roof of a building, the area of
the PWTEFs and other equipment and structures shall not occupy more
than 25% of the roof area.
If needed, in accordance with an overall comprehensive plan
for the provision of full wireless communications service within the
Township of Hazlet, PWTFs and PWTEFs shall be permitted as a conditional
use at the following prioritized locations:
A.
The first priority location shall be on lands or structures
owned by Hazlet Township;
B.
The second priority location shall be on lands or structures
located in the Industrial Assembly (I-A-1) zone districts;
C.
The third priority location shall be collocation on existing
PWTFs (or existing water tanks) provided that the new installation
does not increase the height by more than 10%; and
D.
The fourth priority location shall be such locations, excluding
residential zones, as the applicant proves are essential to provide
required service to the Township of Hazlet.
All PWTF and PWTEF shall be located to minimize visual impacts on the surrounding area in accordance with the following standards. In applying these standards, locations in a higher priority category under subsection 181-409.09.04, shall be deemed more acceptable than lower priority sites.
A.
Sites for PWTFs and PWTEFs must demonstrate that they provide
the least visual impact on residential areas and public ways. All
potential visual impacts must be analyzed to illustrate that the selected
site provides the best opportunity to minimize the visual impact of
the proposed facility.
B.
PWTEFs should be located to avoid being visually solitary or
prominent when viewed from residential areas and the public ways.
The facility should be obscured by vegetation, tree cover, topographic
features and/or other structures to the maximum extent feasible.
C.
PWTFs and PWTEFs shall be placed to ensure that historically
significant viewscapes, streetscapes, and landscapes are protected.
The views of and vistas from architecturally and/or significant structures
should not be impaired or diminished by the placement of telecommunication
facilities.
The following design standards shall apply to PWTFs and PWTEFs
installed or constructed pursuant to the terms of this section:
A.
Collocation. Development Review Ordinance limitations on the
number of structures on a lot shall not apply when PWTF and PWTEF
are located on a lot with buildings or structures already on it.
B.
Fencing and Other Safety Devices. PWTFs and PWTEFs shall be
surrounded by a security feature, such as a fence. All telecommunications
towers shall be designed with anti-climbing devices in order to prevent
unauthorized access. Additional safety devices shall be permitted
or required, as needed, and as approved by the Planning Board or the
Board of Adjustment.
C.
Landscaping. Landscaping shall be provided along the perimeter
of the security fence to provide a visual screen and buffer for adjoining
private properties and the public right-of-way. Required front yard
setback areas shall be landscaped. All PWTEF shall be screened by
an evergreen hedge eight to 10 feet in height at planting time and
a solid fence eight feet in height.
D.
Signs. Signs shall not be permitted, except for signs displaying
owner contact information, warnings, equipment information, and safety
instructions. Such signs shall not exceed two square feet in area.
No commercial advertising shall be permitted on any PWTF or PWTEF.
E.
Color. PWTFs shall be of a color appropriate to the telecommunication
tower's locational context and to make it as unobtrusive as possible,
unless otherwise required by the Federal Aviation Administration (FAA).
F.
Activity and Access. All equipment shall be designed and automated
to the greatest extent possible in order to reduce the need for onsite
maintenance and thereby to minimize the need for vehicular trips to
and from the sites. Access shall be from established site access points
whenever possible. Minimal off-street parking shall be permitted as
needed and as approved by the Planning Board or the Board of Adjustment.
G.
Dish Antennas. Dish antennas shall be colored, camouflaged or
screened to make them as unobtrusive as possible and in no case shall
the diameter of a dish antenna exceed six feet.
H.
Lighting.
1.
PWTEFs enclosing electronic equipment may have security and
safety lighting at the entrance, provided that the light is attached
to the facility, is focused downward and is on timing devices and/or
sensors so that the light is turned off when not needed for safety
or security purposes; and
2.
No lighting is permitted on a PWTF 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.
I.
Monopole. Any proposed new telecommunications tower shall be
a "mono-pole" unless the applicant can demonstrate, that a different
type of pole is necessary for the collocation of additional antennas
on the telecommunications tower. Such telecommunications towers may
employ camouflage technology.
J.
Noise. No equipment shall be operated so as to produce noise
in excess of the limits set by the local noise ordinance, except for
in emergency situations requiring the use of a backup generator.
K.
Radio Frequency Emissions. The FTA gives the FCC sole jurisdiction
of the field of regulation of Radio Frequency (RF) emission and PWTFs
which meet the FCC standards and shall not be conditioned or denied
on the basis of RF impacts. Applicants shall provide current FCC information
concerning PWTFs and Radio Frequency emission standards. PWTFs shall
be required to provide information on the projected power density
of the proposed facility and how this meets the FCC standards.
L.
Structural Integrity. PWTFs must be constructed to the Electronic
Industries Association/Telecommunications Industries Association (EIA/TIA)
222 Revision F Standard entitled "Structural Standards for Steel Antenna
Towers and Antenna Supporting Structures" (or equivalent), as it may
be updated or amended.
M.
Maintenance. PWTFs shall be maintained to assure their continued
structural integrity. The owner of the PWTF shall also perform such
other maintenance of the structure and of the site as to assure that
it does not create a visual nuisance.
A.
The municipal engineer shall maintain an inventory of existing
PWTF locations within or near the Township of Hazlet.
B.
An applicant proposing a PWTF at a new location shall demonstrate
that it made a reasonable attempt to find a collocation site acceptable
to engineering standards and that none was practically or economically
feasible.
C.
Each application for a PWTF shall be accompanied by a plan which
shall reference all existing PWTF locations in the applicant's Township
of Hazlet inventory, any such facilities in the abutting towns which
provide service to areas within the Township of Hazlet, any changes
proposed within the following twelve-month period, including plans
for new locations and the discontinuance or relocation of existing
facilities.
D.
Each application shall include a site location alternative analysis
describing the location of other sites considered, the availability
of those sites, the extent to which other sites do or do not meet
the providers' service or engineering needs, and the reason why the
subject site was chosen. The analysis shall address the following
issues:
1.
How the proposed location of the PWTF relates to the objective
of providing full wireless communication services within the Township
of Hazlet at the time full service is provided by the applicant throughout
the Township of Hazlet.
2.
How the proposed location of the proposed PWTF relates to the
location of any existing antennas within and near the Township of
Hazlet.
3.
How the proposed location of the proposed PWTF relates to the
anticipated need for additional antennas within and near the Township
of Hazlet by the applicant and by other providers of wireless communication
services within the Township of Hazlet.
4.
How the proposed location of the proposed PWTF relates to the
objective of collocating the antennas of many different providers
of wireless communication services on the same PWTF; and
5.
How its plan specifically relates to and is coordinated with
the needs of all other providers of wireless communication services
within the Township of Hazlet.
E.
The Planning Board, or Board of Adjustment, may retain technical
consultants as it deems necessary to provide assistance in the review
of the site location alternatives analysis. The applicant and/or service
provider shall bear the reasonable cost associated with such consultation,
which cost shall be deposited in accordance with the Township of Hazlet's
escrow provisions.
Any PWTF that is not operated for a continuous period of 12
months shall be considered abandoned. If there are two or more users
of a single PWTF, then the abandonment shall not become effective
until all users cease using the PWTF for a continuous period of 12
months. The owner of such PWTF shall remove same within 90 days of
notice from the zoning officer that the PWTF is abandoned. If such
PWTF is not removed within said 90 days, the municipality may remove
such PWTF at the owner's expense. If the facility is to be retained,
the provider(s) shall establish that the facility will be reused within
one year of such discontinuance. If a facility is not reused within
one year, a demolition permit shall be obtained and the facility removed.
At the discretion of the Zoning Officer, upon good cause shown, the
one year reuse period may be extended for a period not to exceed one
additional year.
PWTFs in existence on the date of the adoption of this Ordinance,
which do not comply with the requirements of this section (nonconforming
PWTFs) are subject to the following provisions.
A.
Nonconforming PWTFs may continue in use for the purpose now
used, but may not be expanded without complying with this Ordinance.
B.
Nonconforming PWTFs which are partially damaged or destroyed
due to any reason or cause may be repaired and restored to their former
use, location and physical dimensions subject to obtaining a building
permit therefor, but without otherwise complying with this section.
If this destruction is greater than partial, then repair or restoration
will require compliance with this section.
C.
The owner of any nonconforming PWTF may repair, rebuild and/or
upgrade (but not expand such PWTF or increase its height or reduce
its setbacks), in order to improve the structural integrity of the
facility, to allow the facility to accommodate collocated antennas
or facilities, or to upgrade the facilities to current engineering,
technological or communications standards, without having to conform
to the provisions of this section.
A.
In addition to the applicable documentation and items of information
required for site plan approval, the following additional documentation
and items of information are required to be submitted to the Planning
Board or Board of Adjustment for review and approval as part of the
site plan submission:
1.
Documentation by a qualified expert regarding the capacity of
any proposed PWTF for the number and type of antennas;
2.
Documentation by a qualified expert that any proposed PWTF 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;
3.
A letter of intent by the applicant, in a form which is reviewed
and approved by the Township Attorney, indicating that the applicant
will share the use of any PWTF with other approved providers of wireless
communication services; and
4.
A visual impact study, graphically simulating through models,
computer-enhanced graphics, or similar techniques, the appearance
of any proposed telecommunications tower and indicating its view from
at least five locations around and within one mile of the proposed
PWTF where the PWTF will be most visible. Aerial photographs of the
impact area shall also be submitted.
B.
If any section, paragraph, subsection, clause or provision of
this section shall be adjudged by the courts to be invalid, such adjudication
shall apply only to the section, paragraph, subsection, clause or
provision so adjudged, and the remainder of the section shall be deemed
valid and effective.
C.
This section shall become effective upon final adoption after
publication and filing of a copy of the Monmouth County Planning Board
in accordance with law.
D.
Wireless telecommunication facilities may be permitted when authorized as a conditional use by the Planning Board in accordance with subsection 181-409.09.04 as follows:
1.
General Requirements.
a.
Principal or Accessory Use. Telecommunications antennas and
towers may be considered either principal or accessory uses. Notwithstanding
any other regulation, a different existing structure on the same lot
shall not preclude the installation of an antenna or the co-location
of an antenna on such lot. If a tower and its appurtenant structures
constitute the sole use of the lot, the tower shall be deemed to be
the principal use.
b.
Leased Area. For purposes of determining whether the installation
of a tower or antenna complies with zone regulations, including but
not limited to setback requirements, lot coverage requirements, and
other such requirements, the dimensions of the entire lot shall control,
even though the antennas or towers may be located on leased parcels
within such lot.
c.
State or Federal Requirements. All wireless communication facilities
must meet or exceed current standards and regulations of the FAA,
the FCC, and any other agency of the State or Federal government with
the authority to regulate towers and antennas. If such standards and
regulations are changed, then the owners of a wireless telecommunication
facility shall bring such towers and antennas into compliance with
such revised standards and regulations within 90 days of the effective
date of such standards and regulations, unless a different compliance
schedule is mandated by the controlling Federal or State agency. Failure
to bring a wireless telecommunication facility into compliance with
such revised standards and regulations shall constitute grounds for
the removal of the wireless telecommunications facility at the owner's
expense.
d.
Not Essential Services. Wireless telecommunication facilities
shall be regulated and permitted pursuant to this se and shall not
be regulated or permitted as essential services, public utilities
or private utilities.
e.
Site Plan Required. Site plan approval shall be required for
all new telecommunication facilities including modifications to addition
of new telecommunication facilities to pre-existing towers, buildings
or other structures.
2.
Antennas on Existing Structures. Any antenna that is not attached
to a tower may be attached to any existing business, industrial, office,
utility or institutional structure provided:
a.
Side- and roof mounted personal wireless facilities shall not
project more than 10 feet above the height of an existing building
or structure nor project more than 10 feet above the height limit
of the zoning district within which the facility is located. Personal
wireless service facilities may locate on a building or structure
that is legally nonconforming with respect to height, provided that
the facilities do not project above the existing building or structure
height.
b.
The antenna complies with all applicable FCC and FAA regulations.
c.
The antenna complies with all applicable building codes.
d.
Equipment Structure. An equipment structure shall not contain
more than 200 square feet of gross floor area or be more than 10 feet
in height. In addition, for buildings and structures that are less
than 48 feet in height, the related unmanned equipment structure shall
be located on the ground and shall not be located on the roof or other
structure.
E.
Co-location and Tower Reconstruction. Co-location of antennas
by more than one carrier on existing towers and the reconstruction
of existing towers shall be consistent with the following:
1.
A tower that is modified or reconstructed to accommodate the
colocation of additional antenna shall be the same tower type as the
existing tower, unless reconstruction of a monopole is proposed.
2.
Height. An existing tower may be modified or rebuilt to a height
no taller than the existing tower height.
3.
Reconstruction of existing towers.
a.
Setbacks. The following setback requirements shall apply to
the reconstruction of an existing tower:
b.
Towers must be set back a distance equal to at least 75% of
the height of the tower from any adjoining non-residential lot line.
c.
A tower that is being rebuilt to accommodate the co-location
of an additional antenna may be relocated from its existing location,
provided the foregoing setback requirements are met.
d.
After the tower is rebuilt to accommodate co-location, only
one tower may remain on the site.
e.
A reconstructed tower shall maintain a galvanized steel finish
or, subject to any applicable standards of the FAA, be painted a neutral
color to reduce visual obtrusiveness.
4.
Security. Towers shall be enclosed by security fencing not less
than eight feet in height. Towers shall also be equipped with anticlimbing
measures.
5.
Lighting. No lighting is permitted on an existing or reconstructed
tower except lighting that is specifically required by the FAA. Such
required lighting shall be focused and shielded to reduce glare to
adjacent and nearby properties to the greatest extent possible.
6.
Ancillary Buildings.
a.
Any proposed building enclosing related electronic equipment
shall not contain more than 200 square feet of gross floor area or
be more than 10 feet in height.
b.
Only one such building shall be permitted on the lot for each
provider of wireless telecommunication services located on the site.
c.
Such buildings must satisfy the minimum zone district setback
requirements.
d.
One light may be provided at the entrance of 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 site.
F.
Abandonment or Discontinuation of Use.
1.
At such time that a licensed carrier plans to abandon or discontinue
operation of a wireless telecommunication facility, such carrier shall
notify the Township Clerk by certified U.S. mail of the proposed date
of abandonment or discontinuation of operations. Such notice shall
be given no less than 30 days prior to abandonment or discontinuation
of operations. In the event that a licensed carrier fails to give
such notice, the wireless telecommunication facility shall be considered
abandoned upon discontinuation of operations.
2.
Upon abandonment or discontinuation of use, at the option of
the Township, the carrier shall physically remove the facility within
90 days from the date of abandonment or discontinuation of use. "Physically
remove" shall include, but not be limited to:
a.
Removal of antennas, mount, equipment shelters and security
barriers for the subject property;
b.
Proper disposal of waste materials from the site in accordance
with local, County and State solid waste disposal regulations;
c.
Restoring the location of the facility to its original and/or
natural condition, except that any landscaping and grading shall remain
in the after-condition as deemed appropriate by the Township Engineer.
3.
If a carrier fails to remove a wireless telecommunication facility
in accordance with this section, the Township shall have the authority
to enter the subject property and physically remove the facility.
The board of jurisdiction shall require the posting of a bond at the
time of approval to cover the costs for the removal of the facility.
Prior ordinance history includes portions of Ordinance Nos.
1381-06 and 1421-07.
No sign shall be constructed, erected, displayed, altered, relocated
or reconstructed unless a permit shall have first been obtained from
the Zoning Official.
No person shall make application for the issuance of a sign
permit without first obtaining the written consent of the owner of
subject property. Consent shall be submitted at the same time as the
application.
When the owner or lessee of a sign vacates the premises upon
which the sign is located, sign(s) must be removed unless the new
owner or lessee intends on using the existing sign(s) without alteration,
only exception permitted shall be to swap out the plastic face changing
one name to another.
A.
General Regulations. The following regulations shall apply to all
permitted signage and all preexisting nonconforming signage:
1.
No sign shall be placed so as to interfere with or be mistaken for
a traffic light or similar device or with traffic visibility.
[Ord. No. 1523-13 § 1]
2.
No sign shall have admonitions such as "Stop," "Go," "Stop," "Danger,"
etc. that may be confused with traffic directional signage.
3.
No sign other than an official traffic control device or street sign
shall be placed within or encroach upon the right-of-way.
4.
No sign shall be constructed, placed or erected that will violate
any health, light, safety or air regulations as defined in the New
Jersey Uniform Construction Code.
5.
No sign to be located on the roof of any building.
6.
Signs attached to a principal structure shall not be erected on,
attached to or extend above the roofline or parapet, or project above
the elevation of the wall to which it is attached.
7.
There shall be no flashing, moving, rotating or motion signs.
8.
There shall be no streamers or pennant flags permitted.
9.
There shall be no neon signage permitted.
10.
No sign shall be placed within 100 feet of the property line of any
historical site or monument.
11.
Illumination devices such as floor or spot lights shall be placed
and shielded to prevent any spillage onto neighboring property and
approaching vehicles.
12.
No portion of any sign shall have less than a ten-foot clearance
over a pedestrian walkway.
13.
No signs are permitted on trees or utility poles in any zone district.
14.
No sign shall be painted on or affixed to fences, water towers, storage
tanks or similar structures.
15.
No billboard signs are permitted.
16.
A sign existing on the effective date of the adoption of this section
(adopted June 4, 2012 by Ordinance No. 1506-12) which does not conform
to any provision thereof, shall be deemed a nonconforming use and
may be continued, maintained and repaired upon its present location,
provided that such sign was lawful under prior ordinance.
17.
Any legal nonconforming sign on any premises involving a change in
tenancy or involving a change in the physical appearance of such sign
shall revoke the nonconforming rights. Nothing herein shall prohibit
the normal maintenance of a legal nonconforming sign, such as bulb
replacement, painting, replacement of existing lettering or swapping
out the plastic face.
18.
Any sign unlawful under any prior ordinance shall remain unlawful
unless it complies with the provisions of this chapter and was issued
a zoning and construction permit.
19.
Any new signage hereafter placed, either for a new building or a
change in tenancy of an existing building shall comply with all the
provisions of this chapter.
B.
Filing Procedure and Permits. A permit shall be required for the
erection, placement, alteration or reconstruction of any sign, except
as noted in paragraph C below. A filing fee of $50, made payable to
the Township of Hazlet to cover the administrative cost is required
to be submitted with a completed zoning application along with a photograph
of the existing signage, a colored rendering of the proposed signage
and a certified survey or site plan depicting the location of the
proposed signage.
C.
Signs That Do Not Require a Permit. The following signs may be placed,
erected and maintained without obtaining a permit from the Zoning
Official.
1.
Any sign not exceeding three square feet in area, non-flashing and
containing no color illumination. If not attached to the building
it shall be setback at least five feet from the nearest road right-of-way
line and at least five feet from the nearest property line. No more
than one sign shall be erected for each permitted use or dwelling
unit.
2.
Any temporary non-illuminated real estate sign not to exceed 12 square
feet in area, setback at least five feet from the nearest road right-of-way
line and at least five feet from the nearest property line. No more
than one sign shall be erected for each permitted use or dwelling
unit. Sign shall be removed no more than 30 days after the sale. One
open house sign is permitted on the property and shall be placed no
earlier than two hours before the open house begins and removed immediately
upon its conclusion and shall not be permitted on County roads, State
highways or other major arteries.
3.
Any non-illuminated sign advertising the sale of farm products grown
or produced on the premises, in any of the zoning districts where
an agricultural use is permitted, provided sign shall not exceed 12
square feet in area, setback at least 100 feet from the nearest intersection
of a street, road or highway and at least five feet from the nearest
property line.
4.
Any temporary non-illuminated construction site sign not to exceed
eight square feet in area, setback at least five feet from road right-of-way
and at least five feet from property line, and shall remain on site
until work has been completed on the premises. Such sign is to call
attention to mechanics, painters, landscapers, contractors, etc.
5.
Any non-illuminated sign incident to the legal process of law and
necessary to the public welfare such as hospital, community center,
public or private school, place of worship, Chamber of Commerce and
shall not exceed three square feet in area.
6.
Any event of public interest such as local, County, State, volunteer
fire departments, church, public meeting or other similar community
activities and campaigns not to exceed three square feet in area.
Sign shall be removed no more than three days after the event.
7.
Any non-illuminated customary warning, trespassing and posted signs
or signs indicating private property or driveway provided they do
not exceed three square feet in area.
8.
Directional signs shall give vehicular and pedestrian instructions
on site. Directional signs (entrance, exit, one-way, do not enter,
etc.) shall not exceed three square feet in area.
9.
Signs within the interior of a structure designed to be seen and
read from the exterior relating to the business conducted within shall
not exceed 30% of window area.
10.
Any temporary non-illuminated political sign in a residential neighborhood
must adhere to:
a.
Sign shall not exceed three square feet in area.
b.
Permitted to be placed on window, lawn or automobile.
c.
One sign per candidate.
d.
Setback of at least five feet from the street line must be maintained.
e.
Shall not be placed or erected more than 30 days prior to the
election.
f.
Sign must be removed no more than seven days after the election.
11.
Any temporary non-illuminated political sign on commercial property
must adhere to:
a.
Sign shall not exceed eight square feet in area.
b.
Permitted to be placed on private property only with the owner's
consent.
c.
Signs shall not be placed in public right-of-way, State highways,
including utilities poles, public easements and sidewalks.
d.
One sign per candidate.
e.
Shall not be placed or erected more than 30 days prior to the
election.
f.
Sign must be removed no more than seven days after the election.
D.
Signs in Residential Zone. The following types of signs shall be
permitted in all residential zones.
1.
All signs specified in paragraphs C1-C10 above.
2.
Subdivisions with two or more homes for sale may advertise on a non-illuminated
sign not to exceed 32 square feet in area, set back 25 feet from a
street or property line, not more than one sign is permitted unless
the property fronts on more than one street, one sign per street.
Signs shall be removed when the last certificate of occupancy is issued
for the development.
E.
Signs in Nonresidential Zone.
1.
Business Highway (BH).
a.
Facade Signs.
(i)
One sign per business for each street frontage requiring a twenty-five-foot
front setback.
[Ord. No. 1523-13 § 2]
(ii)
Sign shall not exceed two square feet per one foot of building
width dedicated to the specific business or 100 square feet, whichever
is smaller.
(iii)
Sign shall not project more than 12 inches from
the building facade to which it is attached; where a sign extends
more than three inches from the facade, the bottom of the sign shall
not be closer than 10 feet to the ground.
(iv)
Signs shall not have a vertical dimension that exceeds four
feet.
a-1.
Big Box Shopping Centers. Big box shopping centers
with an area of 65,000 square feet or more.
(i)
Logo wall signs no greater than eight feet in diameter and not
to exceed 64 square feet per sign.
(ii)
Signs shall not have a vertical dimension greater
than five feet.
(iii)
All tenant sign cabinets shall be uniform in
appearance and size which shall be no greater than three feet in height
by 11 feet in length. Signs that promote individual branding of franchise
businesses may have their own color within the cabinet.
(iv)
Sign shall not exceed two square feet per one
foot of building width dedicated to the specific business.
(v)
Sign shall not project more than 12 inches from the building
facade to which it is attached; where a sign extends more than three
inches from the facade, the bottom of the sign shall not be closer
than 10 feet to the ground.
(vi)
All standards and regulations contained in 181-410
E.1.b Pylon Signs and 181-410 E.1.c. Freestanding Signs shall be applicable
to this Section.
[Ord. No. 1523-13 § 3]
b.
Pylon Signs.
(i)
One sign per shopping center for each street frontage, requiring
a twenty-five foot front setback.
(ii)
If the center has two frontages; signs shall be no closer than
50 feet from one another.
(iii)
Sign shall not exceed 100 square feet on any
one surface.
(iv)
Sign shall not exceed height of 25 feet.
(v)
Bottom edge of sign shall not be less than 10 feet above the
ground.
(vi)
Supporting frames shall be permanent material such as steel,
concrete or masonry.
(vii)
Numerical address required on face of sign or
supporting frame.
(viii)
Sign permitted to be internally illuminated
with non-glaring lights. No flashing or electronic reader boards permitted.
c.
Freestanding Signs.
(i)
One sidewalk sign, commonly known as a sandwich board, shall
be permitted for each registered business to be placed along the front
interior sidewalk of the center, shall not be permanently affixed
to the ground and shall be placed no more than 10 feet from the registered
business and shall be removed at the close of business each day. Sign
shall not exceed 24 inches by 36 inches, shall not be illuminated
or contain any flashing.
(ii)
A shopping center that abuts Highway 35 and 36 frontage may
allow up to five registered businesses at any one time in their center
to place a sign no larger than four feet by four feet, non-illuminated,
non-flashing along the highway frontage. Such sign shall be housed
within a professionally made frame, securely anchored and shall not
cause any site obstructions. The owner of the property shall be the
responsible party to enforce the maximum of five businesses at any
one time.
2.
Business Neighborhood (BN-1, BN-2).
a.
Directory Ground Signs.
(i)
One sign per complex for each street frontage, requiring a fifteen-foot
setback.
(ii)
If the complex has two frontages; signs shall be no closer than
30 feet from one another.
(iii)
Signs shall be no larger than four feet wide
by five feet high with a minimum of 12 inches from existing grade
to bottom edge of sign.
(iv)
Sign shall consist of an address area with a maximum of three
square feet and a directory area with a maximum of nine square feet
each side.
(v)
Sign may be internally illuminated or lit by a ground light,
provided there is no spillage of rays onto neighboring property or
approaching vehicles.
(vi)
Low lying landscape plantings will be permitted; provided that
a plan is reviewed and approved by the Township Zoning Official prior
to planting.
b.
Facade Signs.
(i)
One sign per business.
(ii)
Sign shall not exceed two square feet per one foot of building
width dedicated to the specific business or 60 square feet, whichever
is smaller.
(iii)
Signs shall not project more than 12 inches from
the building facade to which it is attached; where a sign extends
more than three inches from the building facade the bottom of sign
shall not be closer than 10 feet to the ground.
(iv)
Signs shall not have a vertical dimension in excess of 1 1/2
feet.
3.
Business Professional (BP-1).
a.
Pylon Sign.
(i)
One sign per complex for each street frontage, requiring a twenty-five
foot front setback.
(ii)
If the complex has two frontages; signs shall be no closer than
50 feet from one another.
(iii)
Sign shall not exceed 50 square feet on any one
surface.
(iv)
Sign shall not exceed height of 25 feet.
(v)
Bottom edge of sign shall not be less than 10 feet above the
ground.
(vi)
Supporting frames of sign shall be permanent material such as
steel, concrete or masonry.
(vii)
Numerical address required on face of sign or
supporting frame.
(viii)
Sign permitted to be internally illuminated
with non-glaring lights. No flashing or electronic reader boards permitted.
b.
Facade Signs.
(i)
One sign per business.
(ii)
Sign shall not exceed two square feet per one foot of building
width dedicated to the specific business or 100 square feet, whichever
is smaller.
(iii)
Sign shall not project more than 12 inches from
the building facade to which it is attached; where a sign extends
more than three inches from the building facade the bottom of sign
shall not be closer than 10 feet to the ground.
(iv)
Signs shall not have a vertical dimension that exceeds three
feet.
4.
Business Professional (BP-2).
a.
Directory Ground Signs.
(i)
One sign per complex for each street frontage, requiring a fifteen-foot
setback.
(ii)
If the complex has two frontages; signs shall be no closer than
30 feet from one another.
(iii)
Signs shall be no larger than four feet wide
by five feet high with a minimum of 12 inches from existing grade
to bottom edge of sign.
(iv)
Sign shall consist of an address area with a maximum of three
square feet and a directory area with a maximum of nine square feet
each side.
(v)
Sign may be internally illuminated or lit by a ground light,
provided there is no spillage of rays onto neighboring property or
approaching vehicles.
(vi)
Low lying landscape planting will be permitted; provided that
a plan is reviewed and approved by the Township Zoning Official prior
to planting.
5.
Business Professional (BP-3).
a.
Pylon Sign.
(i)
One sign per complex for each street frontage, requiring a twenty-five
foot front setback.
(ii)
If the complex has two frontages; signs shall be no closer than
50 feet from one another.
(iii)
Sign shall not exceed 50 square feet on any one
surface.
(iv)
Sign shall not exceed height of 25 feet.
(v)
Bottom edge of sign shall not be less than 10 feet above the
ground.
(vi)
Supporting frames of sign shall be permanent material such as
steel, concrete or masonry.
(vii)
Numerical address required on face of sign or
supporting frame.
(viii)
Sign permitted to be internally illuminated
with non-glaring lights. No flashing or electronic reader boards permitted.
b.
Facade Signs.
(i)
One sign per business.
(ii)
Sign shall not exceed two feet by one foot of building width
dedicated to the specific business or 100 square feet, whichever is
smaller.
(iii)
Sign shall not project more than 12 inches from
the building facade to which it is attached; where a sign extends
more than three inches from the building facade the bottom of sign
shall not be closer than 10 feet to the ground.
(iv)
Sign shall not have a vertical dimension that exceeds three
feet.
6.
Industrial Marina (IM), Industrial Assembly (IA-1, IA-2)
a.
Pylon Sign.
(i)
One sign for each street frontage, requiring a twenty-five-foot
setback.
(ii)
If there are two frontages; signs shall be no closer than 50
feet from one another.
(iii)
Sign shall not exceed 50 square feet on any one
surface.
(iv)
Sign shall not exceed height of 15 feet.
(v)
Bottom edge of sign shall not be less than 10 feet above the
ground.
(vi)
Supporting frames of sign shall be permanent material such as
steel, concrete or masonry.
(vii)
Numerical address required on face of sign or
supporting frame.
(viii)
Sign permitted to be internally illuminated
with non-glaring lights. No flashing or electronic reader boards permitted.
7.
Commercial District (CD).
a.
Facade Signs.
(i)
One sign per business.
(ii)
Sign shall not exceed two square feet per one foot of building
width dedicated to the specific business or 100 square feet, whichever
is smaller.
(iii)
Sign shall not project more than 12 inches from
the building facade to which it is attached; where a sign extends
more than three inches from the facade the bottom of sign shall not
be closer than 10 feet to the ground.
(iv)
Signs shall not have a vertical dimension that exceeds four
feet.
b.
Pylon Signs.
(i)
One sign in the commercial district along Highway 35, requiring
a twenty-five-foot setback.
(ii)
Sign shall not exceed 200 square feet on any one surface.
(iii)
Bottom edge of sign shall not be less than 10
feet above the ground.
(iv)
Supporting frames shall be permanent material such as steel,
concrete or masonry.
(v)
Numerical address required on the face of sign or supporting
frames.
(vi)
Sign permitted to be internally illuminated with non-glaring
lights, no flashing or electronic reader boards permitted.
8.
Automobile and Gasoline Service Station.
a.
One freestanding/pylon sign internally illuminated advertising the
name of the station or garage; including any special company or brand
name, insignia or emblem, and shall be setback a minimum of five feet
within the property line. The sign shall not exceed 50 square feet
on any one surface, shall not be less than 10 feet or more than 20
feet above the ground and the supporting frames shall be permanent
material such as steel, concrete or masonry.
b.
Two temporary signs located inside the property line along each street
frontage that specifically advertises special seasonal servicing of
automobiles, provided that such sign does not exceed three feet in
height and 2 1/2 feet in width.
9.
Temporary Signs.
a.
Grand Opening Banner. One professionally made, non-illuminated banner
shall be permitted for each new business obtaining a certificate of
occupancy. The size shall not exceed four feet wide by eight feet
long and shall be attached to the building facade over the specific
business for a period not to exceed 60 days. Written permission from
the landlord and approval from the Zoning Official is required prior
to placement. Permit fee: $10.
b.
Special sale, advertising and event signs for each registered business
that has frontage along the Highway 35 and 36 corridor: One professionally
made, non-illuminated, non-flashing, housed within a frame securely
anchored to the ground and shall not cause any site obstructions,
not to exceed four feet in height by four feet in length shall be
permitted. The landlord or owner of the premises shall be the responsible
party to maintain the record that permits a maximum of five registered
businesses at any one time. Written permission from the landlord and
approval from the Zoning Official is required prior to placement.
Permit fee: $10.
c.
Pennant flags are not permitted within any zone district without
receiving prior site plan approval from the Hazlet Township Planning
Board or Zoning Board of Adjustment.
A.
Height Exemptions. The maximum height requirements for each zone
district shall apply to all structures in all zone districts, except
as follows:
1.
Chimneys, flues, ventilators, skylights, towers, water tanks, cooling
towers, church spires, cupolas, belfries, clock towers, flagpoles
and all other decorative features and necessary mechanical appurtenances
and similar features usually carried above the roof level, shall be
exempt from the height provisions of this Ordinance provided:
a.
The aggregate area covered by all such features shall not exceed
20% of the area of the roof of the building of which they are a part.
b.
The height of each such feature shall not exceed four feet above
the level of such roof, except for church spires which may exceed
the required height by 35 feet.
c.
All such features shall be constructed, or enclosed within walls,
of a material and design in harmony with that of the main walls of
the building of which they are a part.
2.
Where the height of a building conforms to the requirements of this
Ordinance on that side or sides thereof which face(s) the street,
but where, due to the topography of the lot, the height is in excess
of the requirements along one or more sides of such building other
than the side or sides which face(s) the street, the Zoning Officer
may issue a zoning permit provided that at no point along the periphery
of the building does the height thereof exceed by 10 feet, and/or
by one story, the maximum height prescribed by this Ordinance for
the zone district in which such building is located.
3.
Parapet walls not extending more than four feet above the maximum
height limitation shall be exempt from height requirements set forth
in this Ordinance.
B.
Permitted Projections. The following shall not be considered to be
obstructions and shall be permitted when located in a required yard
and/or setback area:
1.
Fire escapes, provided they do not project more than four feet into
a required yard and they are no closer than two feet to a property
line. Fire escapes are not permitted in a front yard;
2.
Weather protecting and energy efficiency enhancing front door enclosures
that project no more than five feet into a required front setback
area, and are no larger than 40 square feet in total area, provided
the principal structure complies with the required front yard setback;
3.
Ground story bay windows, provided they project no more than two
feet into the required yard;
4.
Cornices, eaves, cantilevered roofs, gutters and chimneys, provided
they do not project more than 24 inches from an exterior building
wall into any required yard setback, and provided they remain at least
two feet from all yard lines;
5.
Entrance platforms and steps leading to a basement or first floor,
provided they do not project more than four feet into a required side
or rear yard setback. Front yard steps may project four feet into
the required front yard setback.
A.
Purpose. In order to prevent the inappropriate development of flood-prone
lands within the Township of Hazlet, County of Monmouth, State of
New Jersey, and to further provide regulations, standards, criteria,
procedures and goals designed to control and regulate development
of lands within the defined flood hazard areas, certain flood plain
areas are hereby established. The Flood Plain Areas are divided into
three categories and are defined as follows:
1.
Channel. This zone shall consist of the areas between the top of
the banks of any watercourse, with or without continuous flow, where-in
surface water or potential surface water are contained under conditions
less than flood stage. This land shall also consist of lands lying
between two or more channels of the same watercourse.
2.
Floodway. This zone shall consist of an area on each side of any
channel and including the channel with or without continuous flow,
with dimensions as established or amended from time to time by the
Water Policy Commission, Department of Conservation and Economic Development
and Department of Environmental Protection, of the State of New Jersey.
3.
Flood Hazard Area. This zone shall consist of the relatively flat
area adjoining the channel of a natural stream which has been or may
be hereafter covered by flood water as shown on a map entitled "Flood
Hazard Map of the Township of Hazlet" and duly adopted by the Township
Committee of the Township of Hazlet on June 11, 1974, as part of the
official zoning map of the Township of Hazlet with the amendment that
the Hazlet Planning Board may from time to time designate additional
lands to the Flood Plain Zone as may be necessary to control flooding
and prevent dangers to human life and property.
B.
Applicability. The following zones contained in the Flood Hazard
Map of the Township of Hazlet as adopted shall be superimposed on
existing Land Use Zones and shall supersede and take precedence over
existing regulations since these lands are subject to flooding and
the dangerous effects thereof.
C.
Permitted Uses.
1.
Channel.
a.
Installation of flood preventive structures, equipment, storage basins
or channels as part of any approved Federal, State, County or Municipal
program to alleviate the overall flood problem of the region.
b.
Municipal, County or State park and recreational area.
c.
Landfill and excavation operations conducted and/or approved by governmental
agencies in connection with stream improvements, cleaning, de-snagging
and stabilization.
2.
Floodway.
a.
Installation of flood preventative structures, equipment, storage
basins or channels as part of any approved Federal, State County or
Municipal program to alleviate the overall flood problem of the region.
b.
Municipal, County or State park and recreational area.
c.
Landfill and excavation operations conducted and/or approved by governmental
agencies in connection with stream improvements, cleaning, de-snagging
and stabilization.
d.
Subsurface structures, utilities, shelter or storage facilities necessary
so that the safety, welfare and health of the overall community will
be adequately protected against flooding.
3.
Flood hazard area.
a.
Installation of flood preventative structures, equipment, storage
basins or channels as part of any approved Federal, State County or
Municipal program to alleviate the overall flood problem of the region.
b.
Municipal, County or State park and recreational area.
c.
Landfill and excavation operations conducted and/or approved by governmental
agencies in connection with stream improvements, cleaning, de-snagging
and stabilization.
d.
Floodproof alterations to existing uses provided, however, that no
new excavation or foundation is necessary for said alteration and
provided that all other requirements of the existing ordinances and
regulations of the Township of Hazlet permit said alterations.
e.
Subsurface structures, utilities, shelter or storage facilities necessary
so that the safety, welfare and health of the community is adequately
protected against flooding.
4.
One Family Dwelling.
a.
Procedures.
(i)
Preliminary Review. Before making formal application to the
Planning Board, the applicant shall arrange to meet with the Township
Engineer, Zoning Officer and Planning Director. The purpose of this
meeting shall be to advise the applicant as to the need for such data,
information, maps or plans consistent with the proposed use and its
location in the flood plain.
(ii)
Site Plan Application. The applicant shall apply to the Planning
Board for a site plan of the proposed use. The Planning Board shall
refer the applicant to the New Jersey State Division of Water Policy
and to the Monmouth County Planning Board for a report and recommendation.
The Planning Board shall not take action on the application until
such reports are received or until 60 days shall have elapsed from
the date of such reference without receipt of a reply.
(iii)
Site plan application shall include the following
information:
(a)
The existing and proposed contours at a contour
interval of one foot.
(b)
The proposed elevations of the levels of the lands
involved at the corners of the foundation of any structure or structures.
(c)
The lowest elevation of the lowest proposed area
within any proposed structure after its completion.
(d)
The layout of existing and proposed improvements,
public streets, and the nature, extent and location of existing and
proposed public utilities servicing and to service the premises in
question and flood-proofing measures to be applied.
(e)
The complete details, elevations, flood-proofing,
etc. of any pumping facilities.
(f)
The location and elevation of any water course,
channel, floodway, flood hazard zone affecting the site.
(iv)
The Planning Board shall not approve any site plan required
in any flood plain area unless and until it is satisfied that the
following requirements have been met.
(a)
The lowest floor including cellar and essential
services of any proposed structure will be at least one foot above
flood hazard area design flood profile;
(b)
Proper facilities have been or will be provided
for the flood proof disposal of sewage and of surface water;
(c)
Any proposed structure, which when built, can be
occupied and can be flood-proofed without peril to the health or safety
of the occupant; and
(d)
Any proposed structure will not impede the flow
of surface waters through any existing or proposed swale or other
watercourse;
(e)
In cases of doubt or uncertainty as to the exact
limit of the floodway or flood hazard area in a proposed development,
the Township Engineer may, upon the application and with the consent
of the landowner, determine the precise location of a floodway or
flood hazard limit by close inspection, field survey or other appropriate
method, and cause the same to be marked on the ground, notifying the
landowner, the Construction Code Official and the Board of the results
thereof.
(v)
In acting upon any application for site plan approval in the
flood plain zone, the Planning Board shall consider such factors as
the following:
(a)
Flood protection of persons and property involved
in the development. Such protection shall not be avoided by waiver
of the applicant.
(b)
Flood protection of persons and property which
might be affected by the development of flood plain lands.
(c)
Accessibility of lands to public safety equipment
before and during flood period.
(d)
Obstruction to downstream flow of flood waters.
(e)
Reduction in flood plain storage capacity.
(f)
Location of key facilities and utilities and their
continued satisfactory floodproof operation in times of flood.
(g)
Pollution of waters by the proposed development
of land and safeguards relative to that pollution.
(h)
Submission of proposed building plans and their
design to prevent flotation or collapse in the flood plain zone.
(vi)
If the application for site plan approval shall be recommended
for approval by the Planning Board with or without conditions, the
Construction Code Official shall issue a permit for the development
in accordance with approval and/or conditions but such permit shall
not relieve the applicant from complying with such other laws and
ordinances as shall be applicable. If the application is denied, the
applicant shall be notified.
(vii)
If the person shall be aggrieved by any action
of the Planning Board or Township Engineer, he may appeal in writing
to the Township Committee within 10 days after the date the applicant
is notified of such action. The Township Committee shall fix and notify
appellant of a time and place for a public hearing on said appeal,
and the appellant shall cause notice of such hearing to be published
in a newspaper circulating in the Township at least 10 days prior
to the hearing. All parties in interest shall be afforded an opportunity
to be heard thereafter. After such hearing, the Township Committee
shall affirm or reverse the action of the Planning Board or Township
Engineer stating its findings and reasons for its action, and a written
copy of such action shall be given to the appellant.
[Ord. No. 1460-09 § 1.1]
The Legislature of the State of New Jersey has in N.J.S.A. 40:48-1
et seq., delegated the responsibility to local governmental units
to adopt regulations designed to promote public health, safety, and
general welfare of its citizenry.
A.
The flood hazard areas of Hazlet Township are subject to periodic
inundation that results in loss of life and property, health, and
safety hazards, disruption of commerce and governmental services,
extraordinary public expenditures for flood protection and relief,
and impairment of the tax base, all of which adversely affect the
public health, safety, and general welfare.
B.
These flood losses are caused by the cumulative effect of obstructions
in Areas of Special Flood Hazard that increase flood heights and velocities,
and when inadequately anchored, causes damage in other areas. Uses
that are inadequately floodproofed, elevated, or otherwise protected
from flood damage, also contribute to the flood loss.
[Ord. No. 1460-09 § 1.2]
It is the purpose of this ordinance to promote the public health,
safety, and general welfare, and to minimize public and private losses
due to flood conditions in specific areas by provisions designed:
A.
To protect human life and health;
B.
To minimize expenditure of public money for costly flood control
projects;
C.
To minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the general
public;
D.
To minimize prolonged business interruptions;
E.
To minimize damage to public facilities and utilities such as
water and gas mains, electric, telephone, and sewer lines, streets,
bridges located in Areas of Special Flood Hazard;
F.
To help maintain a stable tax base by providing for the second
use and development of Areas of Special Flood Hazard so as to minimize
future flood blight areas;
G.
To ensure that potential buyers are notified that property is
in an Area of Special Flood Hazard; and
H.
To ensure that those who occupy the Areas of Special Flood Hazard
assume responsibility for their actions.
[Ord. No. 1460-09 § 1.3]
In order to accomplish its purposes, this ordinance includes
methods and provisions for:
A.
Restricting or prohibiting uses that are dangerous to health,
safety, and property due to water or erosion hazards, or that result
in damaging increases in erosion or in flood heights or velocities;
B.
Requiring that uses vulnerable to floods including facilities
that serve such uses, be protected against flood damage at the time
of initial construction;
C.
Controlling the alteration of natural flood plains, stream channels,
and natural protective barriers that help accommodate or channel flood
waters;
D.
Controlling the filling, grading, dredging, and other development
that may increase flood damage; and
E.
Preventing or regulating the construction of flood barriers
that will unnaturally divert flood waters or that may increase flood
hazards in other areas.
[Ord. No. 1460-09 § 1.4]
Unless specifically defined below, words or phrases used in
this ordinance shall be interpreted so as to give them the meaning
they have in common usage and to give this ordinance the most reasonable
application.
The elevation shown on a community's Advisory Flood Hazard
Map that indicates the advisory stillwater elevation plus wave effect
(ABFE = SWEL + wave effect) resulting from a flood that has a 1% or
greater chance of being equaled or exceeded in any given year.
[Ord. No. 1521-13 § 1]
The land in the floodplain within a community subject to
flooding from the 1% annual chance event depicted on the Advisory
Flood Hazard Map.
[Ord. No. 1521-13 § 1]
The official map on which the Federal Emergency Management
Administration has delineated the areas of advisory flood hazards
applicable to the community.
[Ord. No. 1521-13 § 1]
A request for a review of the Flood Plain Administrator's
interpretation of any provision of this ordinance or a request for
a Variance.
A designated AO, AH, or VO zone on a community's Digital
Flood Insurance Rate Map ("DFIRM") with a 1% annual or greater chance
of flooding to an average depth of one to three feet where a clearly
defined channel does not exist, where the path of flooding is unpredictable
and where velocity flow may be evident. Such flooding is characterized
by ponding or sheet flow.
The land in the flood plain within a community subject to
a 1% or greater chance of flooding in any given year.
A flood having a 1% chance of being equaled or exceeded in
any given year.
Any area of the building having its floor sub-grade, or below
ground level, on all sides.
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces without causing damage to the
elevated portion of the building or supporting foundation system.
An area of special flood hazard extending from offshore to
the inland limit of a primary frontal dune along an open coast and
any other area subject to high velocity wave action from storms or
seismic sources.
[Ord. No. 1521-13 § 1]
Any manmade change to improved or unimproved real estate,
including but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation, or drilling operations,
or storage of equipment or materials located within the Area of Special
Flood Hazard.
The official map on which the Federal Insurance Administration
has delineated both the Areas of Special Flood Hazards and the risk
premium zones applicable to the community.
A nonbasement building:
Built, in the case of a building in an Area of Special Flood
Hazard, to have the top of the elevated floor or, in the case of a
building in a Coastal High-Hazard Area, to have the bottom of the
lowest horizontal structural member of the elevated floor elevated
above the ground level by means of piling, columns (posts and piers)
or shear walls parallel to the flow of the water, and
Adequately anchored so as not to impair the structural integrity
of the building during a flood of up to the magnitude of the base
flood. In an Area of Special Flood Hazard, "elevated building" also
includes a building elevated by means of fill or solid foundation
perimeter walls with openings sufficient to facilitate the unimpeded
movement of floodwaters. In areas of Coastal High Hazard, "elevated
building" also includes a building otherwise meeting the definition
of "elevated building" even though the lower area is enclosed by means
of breakaway walls.
[Ord. No. 1521-13 § 1]
The process of the gradual wearing away of land masses.
[Ord. No. 1521-13 § 1]
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community.
[Ord. No. 1521-13 § 1]
The official report in which the Federal Insurance Administration
has provided flood profiles, as well as the Flood Insurance Rate Map(s)
and the water surface elevation of the Base Flood.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances such as a flood plain
ordinance, grading ordinance and erosion control ordinance, and other
applications of police power. The term describes such State or local
regulations, in any combination thereof, which provide standards for
the purpose of flood damage prevention and reduction.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the Base Flood
without cumulatively increasing the water surface elevation more than
0.2 foot.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a Structure.
Any structure that is:
Listed individually in the National Register of Historic Places
as maintained by the Department of Interior, or preliminarily determined
by the Secretary of the Interior as meeting the requirements for individual
listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a State inventory of historic places
in States with historic preservation programs that have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
The lowest floor of the lowest enclosed area including a
Basement. An unfinished or flood resistant enclosure, useable solely
for the parking of vehicles, building access, or storage in an area
other than a Basement is not considered a building's lowest floor
provided that such enclosure is not built so to render the structure
in violation of other applicable non-elevation design requirements.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term Manufactured Home does not include a Recreational Vehicle.
A parcel or contiguous parcels of land divided into two or
more manufactured home lots for rent or sale.
Structures for which the start of construction commenced
on or after the effective date of a floodplain regulation adopted
by a community and includes any subsequent improvements to such structures.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed, including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads, is completed on or after the effective date
of the Flood Plain Management Regulations adopted by the municipality.
A continuous or nearly continuous mound or ridge of sand
with relatively steep seaward and landward slopes immediately landward
and adjacent to the beach and subject to erosion and overtopping from
high tides and waves from coastal storms. The inland limit of the
primary frontal dune occurs at the point where there is a distinct
change from the relatively steep slope to a relatively mild slope.
[Ord. No. 1521-13 § 1]
A vehicle that is:
Built on a single chassis;
Four hundred square feet or less when measured at the longest
horizontal projections;
Designed to be self-propelled or permanently towable by a light
duty truck; and
Designed primarily not for use as a permanent dwelling, but
as temporary living quarters for recreational, camping, travel, or
seasonal use.
Naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
[Ord. No. 1521-13 § 1]
For construction other than new construction or substantial
improvements under the Coastal Barrier Resources Act (P.L. No. 97-348),
and including Substantial Improvements as defined herein, means the
date the building permit was issued, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement,
or other improvement was within 180 days of the permit date. The actual
start means:
The first placement of permanent construction of a structure
on a site, such as the pouring of a slab or footings, the installation
of piles, the construction of columns, or any work beyond the stage
of excavation; or
The placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading and filling, nor does it include the installation of streets
and/or walkways, excavation for a basement, footings or piers, or
foundations or the erection of temporary forms, the installation on
the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For
a Substantial Improvement, Start of Construction means the first alteration
of any wall, ceiling, floor, or other structural part of a building,
whether or not that alteration affects the external dimensions of
the building.
A walled and roofed building, a Manufactured Home, or a gas
or liquid storage tank that is principally above ground.
Damage of any origin sustained by a Structure whereby the
cost of restoring the structure to condition prior to damage would
equal or exceed 50% of the market value of the Structure before the
damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the Start of Construction of the improvement.
This term includes structures which have incurred Substantial Damage,
regardless of the actual repair work performed. The term does not,
however, include either:
Any project for improvement of a structure to correct existing
violations of State or local health, sanitary or safety code specifications
which have been identified by the local code enforcement officer and
which are the minimum necessary to assure safe living conditions;
or
Any alteration of a Historic Structure, provided that the alteration
will not preclude the structure's continued designation as a Historic
Structure.
[Ord. No. 1521-13 § 1]
A grant of relief from the requirements of this Ordinance
that permits construction in a manner that would otherwise be prohibited
by this ordinance.
[Ord. No. 1460-09 § 2.0]
[Ord. No. 1460-09 § 3.1]
This ordinance shall apply to all Areas of Special Flood Hazards
within the jurisdiction of Hazlet Township, Monmouth County, New Jersey.
The Areas of Special Flood Hazard for Hazlet Township, Community
No. 340298, are identified and defined on the following documents
prepared by the Federal Emergency Management Agency:
A.
A scientific and engineering report titled "Flood Insurance
Study, Monmouth County, New Jersey All Jurisdictions" dated September
25, 2009; and
B.
Flood Insurance Rate Map for Monmouth County, New Jersey All
Jurisdictions, as shown on Index and Panel Numbers 34025C0029F, 34025C0033F,
34025C0034F, 34025C0037F, 34025C0039F, 34025C0041F, 34025C0042F; whose
effective date is September 25, 2009.
C.
Advisory Base Flood Elevations and Advisory Flood Hazard Maps
entitled Keyport SW; Keyport SE and Keyport NE dated 12-12-2012; and
Keyport NW dated 1-9-2013. These documents shall take precedence over
previous panels and FIS in construction and development regulations
only. Where the Special Flood Hazard Area (SFHA) and the Advisory
Flood Hazard Area (AFHA) maps conflict or overlap, whichever imposes
the more stringent requirement shall prevail. [Ord. No. 1521-13 § 2]
The above documents are hereby adopted and declared to be a
part of this Ordinance. The Flood Insurance Study and maps are on
file at 1766 Union Avenue, Hazlet, New Jersey 07730. [Ord. No. 1460-09
§ 3.2]
[Ord. No. 1460-09 § 3.3]
No Structure or land shall hereafter be constructed, located,
extended, converted, or altered without full compliance with the terms
of this Ordinance and other applicable regulations. Violation of the
provisions of this Ordinance by failure to comply with any of its
requirements, including violations of conditions and safeguards established
in connection with conditions, shall constitute a petty disorderly
persons offense. Any person who violates this Ordinance or fails to
comply with any of its requirements shall, upon conviction, be fined
not more than $500 or imprisoned for not more than 30 days, or both,
for each violation, and in addition shall pay all costs and expenses
involved in the case. Nothing herein contained shall prevent Hazlet
Township from taking such other lawful action as is necessary to prevent
or remedy any violation.
[Ord. No. 1460-09 § 3.4]
This Ordinance is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However,
where this Ordinance and any other ordinance, easement, covenant,
or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
In the interpretation and application of this Ordinance, all
provisions shall be:
[Ord. No. 1460-09 § 3.6]
The degree of flood protection required by this Ordinance is
considered reasonable for regulatory purposes and is based on scientific
and engineering considerations. Larger floods can and will occur on
rare occasions. Flood heights may be increased by manmade or natural
causes. This Ordinance does not imply that land outside the Area of
Special Flood Hazards or uses permitted within such areas will be
free from flooding or flood damages.
This Ordinance shall not create liability on the part of Hazlet
Township, any officer, or employee thereof, or the Federal Insurance
Administration for any flood damages that result from reliance on
this Ordinance or any administrative decision lawfully made thereunder.
A development permit shall be obtained before development begins within any Area of Special Flood Hazard established in Section 181-413.03.02. Application for a development permit shall be made on forms furnished by the Flood Plain Administrator and may include, but not be limited to; plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed Structures, fill, storage of materials, drainage facilities; and the location of the foregoing.
Specifically, the following information is required:
A.
Elevation in relation to mean sea level, of the Lowest Floor,
including a Basement, of all Structures;
B.
Elevation in relation to mean sea level to which any Structure
has been floodproofed;
C.
Certification by a registered professional engineer or architect
that the floodproofing methods for any nonresidential structure meet
the flood-proofing criteria in Section 181-413.05.02B., and
D.
Description of the extent that any watercourse will be altered
or relocated as a result of the proposed Development.
[Ord. No. 1460-09 § 4.1]
[Ord. No. 1460-09 § 4.2]
The Flood Plain Administrator is hereby appointed to administer
and implement this Ordinance by granting or denying development permit
applications in accordance with its provisions.
Duties of the Flood Plain Administrator shall include, but not
be limited to:
A.
Permit Review.
1.
Review all development permits to determine that the permit
requirements of this Ordinance have been satisfied;
2.
Review all development permits to determine that all necessary
permits have been obtained from those Federal, State, or local governmental
agencies that require prior approval; and
3.
Review all development permits to determine if the proposed development is located in the floodway, assure that the encroachment provisions of Section 181-413.05.03A are met.
4.
Review all development permits in the coastal high hazard area
of the area of special flood hazard to determine if the proposed development
alters sand dunes so as to increase potential flood damage.
[Ord. No. 1521-13 § 3]
5.
Review plans for walls to be used to enclose space below the
base flood level in accordance with Section 181-413.05.04.B.4.
[Ord. No. 1521-13 § 3]
B.
Use of Other Base Flood and Floodway Data. When base flood elevation and floodway data has not been provided in accordance with Section 181-413.03.02, Basis for Establishing the Areas of Special Flood Hazard, the Flood Plain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source in order to administer Sections 181-413.05.02A., Specific Standards, Residential Construction, and 181-413.05.02B., Specific Standards, Nonresidential Construction.
C.
Information to be Obtained and Maintained.
1.
Obtain and record the actual elevation in relation to mean sea
level of the Lowest Floor, including a Basement, of all new or substantially
improved structures, and whether or not the structure contains a Basement;
2.
For all new or substantially improved flood-proofed structures:
a.
Verify and record the actual elevation (in relation to mean
sea level); and
b.
Maintain the flood-proofing certifications required in Section 181-413.04.01C.
3.
In coastal high hazard areas, certification shall be obtained
from a registered professional engineer or architect that the provisions
of Sections 181-413.05.04.B.1 and 181-413.05.04.B.2.a and b are met.
[Ord. No. 1521-13 § 4]
4.
Maintain for public inspection all records pertaining to the
provisions of this Ordinance.
[Ord. No. 1521-13 § 4]
D.
Alteration of Watercourses.
1.
Notify adjacent communities and the New Jersey Department of
Environmental Protection, Dam Safety and Flood Control Section and
the Land Use Regulation Program prior to any alteration or relocation
of a watercourse, and submit evidence of such notification to the
Federal Insurance Administration; and
2.
Require that maintenance is provided within the altered or relocated
portion of said watercourse so the flood carrying capacity is not
diminished.
E.
Interpretation of FIRM Boundaries. Make interpretations where needed as to the exact location of the boundaries of the Areas of Special Flood Hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to Appeal the interpretation as provided in Section 181-413.04.04.
[Ord. No. 1460-09 § 4.3]
A.
Appeal Board.
1.
The Hazlet Township Zoning Board of Adjustment (the "Board"),
as established by the Township Committee, shall hear and decide appeals
and requests for variances from the requirements of this Ordinance.
2.
The Board shall hear and decide appeals when it is alleged there
is an error in any requirement, decision, or determination made by
the Flood Plain Administrator in the enforcement or administration
of this Ordinance.
3.
Those aggrieved by the decision of the Board, or any taxpayer,
may Appeal such decision to the Superior Court as provided under New
Jersey State Law.
4.
In passing upon such applications, the Board shall consider
all technical evaluations, all relevant factors, standards specified
in other sections of this Ordinance, and:
a.
The danger that materials may be swept onto other lands to the
injury of others;
b.
The danger to life and property due to flooding or erosion damage;
c.
The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual owner;
d.
The importance of the services provided by the proposed facility
to the community;
e.
Where applicable, the necessity to the facility of a waterfront
location;
f.
The availability of alternative locations for the proposed use
that are not subject to flooding or erosion damage;
g.
The compatibility of the proposed use with existing and anticipated
development;
h.
The relationship of the proposed use to the comprehensive plan
and flood plain management program of that area;
i.
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
j.
The expected heights, velocity, duration, rate of rise, and
sediment transport of the flood waters and the effects of wave action,
if applicable, expected at the site; and,
k.
The costs of providing governmental services during and after
flood conditions, including maintenance and repair of public utilities
and facilities such as sewer, gas, electrical, and water systems,
and streets and bridges.
5.
Upon consideration of the factors of Section 181-413.04.04A,4 and the purposes of this Ordinance, the Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Ordinance.
6.
The Flood Plain Administrator shall maintain the records of
all appeal actions, including technical information, and report any
variances to the Federal Insurance Administration upon request.
B.
Conditions for Variances.
1.
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the Base Flood level, providing items a.-k in Section 181-413.04.04A,4 have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
2.
Variances may be issued for the repair or rehabilitation of
Historic Structures upon a determination that the proposed repair
or rehabilitation will not preclude the structure's continued designation
as a Historic Structure and the variance is the minimum necessary
to preserve the historic character and design of the structure.
3.
Variances shall not be issued within any designated floodway
if any increase in flood levels during the Base Flood discharge would
result.
4.
Variances shall only be issued upon a determination that the
Variance is the minimum necessary, considering the flood hazard, to
afford relief.
5.
Variances shall only be issued upon:
a.
A showing of good and sufficient cause;
b.
A determination that failure to grant the variance would result
in exceptional hardship to the applicant; and
c.
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Section 181-413.04.04A,4, or conflict with existing local laws or ordinances.
6.
Any applicant to whom a variance is granted shall be given written
notice that the structure will be permitted to be built with a Lowest
Floor elevation below the Base Flood elevation and that the cost of
flood insurance will be commensurate with the increased risk resulting
from the reduced Lowest Floor elevation.
[Ord. No. 1460-09 § 4.4]
[Ord. No. 1521-13 § 5]
In all areas of special flood hazards, compliance with the applicable
requirements of the Uniform Construction Code (N.J.A.C. 5:23) and
the following standards, whichever is more restrictive, is required:
A.
Anchoring.
1.
All new construction and substantial improvements shall be anchored
to prevent flotation, collapse, or lateral movement of the Structure.
2.
All manufactured homes shall be anchored to resist flotation,
collapse, or lateral movement. Methods of anchoring may include, but
are not to be limited to, use of over-the-top or frame ties to ground
anchors. This requirement is in addition to applicable State and local
anchoring requirements for resisting wind forces.
B.
Construction Materials and Methods.
C.
Utilities.
1.
All new and replacement water supply systems shall be designed
to minimize or eliminate infiltration of flood waters into the system;
2.
New and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of flood waters into the systems
and discharge from the systems into flood waters;
3.
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding; and
4.
Electrical, heating, ventilation, plumbing and air-conditioning
equipment and other service facilities shall be designed and/or located
so as to prevent water from entering or accumulating within the components
during conditions of flooding.
D.
Subdivision or Other Development.
1.
All subdivision proposals and other proposed new development
shall be consistent with the need to minimize flood damage;
2.
All subdivision proposals and other proposed new development
shall have public utilities and facilities such as sewer, gas, electrical,
and water systems located and constructed to minimize flood damage;
3.
All subdivision proposals and other proposed new development
shall have adequate drainage provided to reduce exposure to flood
damage; and,
4.
Base flood elevation data shall be provided for subdivision
proposals and other proposed new development which contain at least
50 lots or five acres (whichever is less).
[Ord. No. 1521-13 § 6]
E.
Enclosure Openings. All new construction and substantial improvements
having fully enclosed areas below the lowest floor that are usable
solely for parking of vehicles, building access, or storage in an
area other than a basement and that are subject to flooding shall
be designed to automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be certified by a
registered professional engineer or architect or must meet or exceed
the following minimum criteria:
1.
A minimum of two openings having a total net area of not less
than one square inch for every square foot of enclosed area subject
to flooding shall be provided;
2.
The bottom of all openings shall be no higher than one foot
above grade; and
3.
Openings may be equipped with screens, louvers, or other covering
or devices provided that they permit the automatic entry and exit
of floodwaters.
[Ord. No. 1460-09 § 5.1]
In all Areas of Special Flood Hazards where base flood elevation data have been provided as set forth in Section 181-413.03.02, Basis for Establishing the Areas of Special Flood Hazard or in Section 181-413.04.03B, Use of Other Base Flood Data, the following standards are required:
A.
Residential Construction.
1.
New construction and substantial improvement of any residential
structure in an A or AE Zone shall have the lowest floor, including
basement, together with all the attendant utilities and sanitary facilities,
elevated at or above the base flood elevation or advisory base flood
elevation, whichever is more restrictive, plus one foot.
2.
Require within any AO Zone on the municipality's FIRM that all
new construction and substantial improvement of any residential structure
shall have the lowest floor, including basement, elevated above the
highest adjacent grade one foot above the depth number specified in
feet (at least three feet if no depth number is specified) or at or
above the advisory base flood elevation plus one foot, whichever is
more restrictive; and
3.
Require adequate drainage paths around structures on slopes
to guide floodwaters around and away from proposed structures.
[Ord. No. 1521-13 § 7]
B.
Nonresidential Construction. In an Area of Special Flood Hazard,
all new construction and substantial improvement of any commercial,
industrial or other nonresidential structure shall have the lowest
floor, including basement together with the attendant utilities and
sanitary facilities, either:
1.
Elevated to or above the base flood elevation or advisory base
flood elevation, whichever is more restrictive, plus one foot.
2.
Require within any AO Zone on the municipality's DFIRM that
all new construction and substantial improvement of any commercial,
industrial or other nonresidential structure shall have the lowest
floor, including basement, elevated above the highest adjacent grade
one foot above the depth number specified in feet (at least three
feet if no depth number is specified) or at or above the advisory
base flood elevation plus one foot, whichever is more restrictive.
And, require adequate drainage paths around structures on slopes to
guide floodwaters around and away from proposed structures. OR
3.
Be floodproofed so that the base flood level plus one foot or
advisory base flood elevation plus one foot, whichever is more restrictive,
the structure is watertight with walls substantially impermeable to
the passage of water;
4.
Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy; and,
5.
Be certified by a registered professional engineer or architect
that the design and methods of construction are in accordance with
accepted standards of practice for meeting the applicable provisions
of this subsection. Such certification shall be provided to the official
as set forth in section 181-413.04.03.C.2.b.
[Ord. No. 1521-13 § 8]
C.
Manufactured Homes.
1.
Manufactured homes shall be anchored in accordance with Section 181-413.05.01A,2.
2.
All manufactured homes to be placed or substantially improved
within an area of special flood hazard shall be elevated on a permanent
foundation such that the top of the lowest floor is at or above the
base flood elevation or advisory base flood elevation, whichever is
more restrictive, plus one foot.
[Ord. No. 1521-13 § 9; [Ord. No. 1460-09 § 5.2]
Located within areas of special flood hazard established in Section 181-413.03.02 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters that carry debris, potential projectiles, and erosion potential, the following provisions apply:
A.
Prohibit encroachments, including fill, new construction, substantial
improvements, and other development unless a technical evaluation
demonstrates that encroachment shall not result in any increase in
flood levels during the occurrence of the base flood discharge.
B.
If Section 181-413.05.03A is satisfied, all new construction and substantial improvements must comply with Section 181-413.05, Provisions for Flood Hazard Reduction.
C.
In all Areas of Special Flood Hazard that base flood elevation
data has been provided and no floodway has been designated, the cumulative
effect of any proposed development, when combined with all other existing
and anticipated development, shall not increase the water surface
elevation of the base flood more than 0.2 of a foot at any point.
[Ord. No. 1460-09 § 5.3]
Coastal High Hazard Areas (V or VE Zones) are located within the areas of special flood hazard established in Section 181-413.03.02. These areas have special flood hazards associated with high velocity waters from tidal surges and hurricane wave wash; therefore, the following provisions shall apply:
B.
Construction Methods.
1.
Elevation. All new construction and substantial improvements
shall be elevated on pilings or columns so that:
a.
The bottom of the lowest horizontal structural member of the
lowest floor (excluding the piling or columns) is elevated to or above
the base flood elevation, advisory base flood elevation or as required
by the Uniform Construction Code (NJAC 5:23), whichever is more restrictive;
and,
b.
With all space below the lowest floor's supporting member open
so as not to impede the flow of water, except for breakaway walls
as provided or in Section 181-413.05.04.D.
2.
Structural Support.
a.
All new construction and substantial improvements shall be securely
anchored on piling or columns.
b.
The pile or column foundation and structure attached thereto
shall be anchored to resist flotation, collapse or lateral movement
due to the effects of wind and water loading values each of which
shall have a 1% chance of being equaled or exceeded in any given year
(100-year mean recurrence interval).
c.
There shall be no fill used for structural support.
3.
Certification. A registered professional engineer or architect
shall develop or review the structural design specifications and plans
for the construction and shall certify that the design and methods
of construction to be used are in accordance with accepted standards
of practice for compliance with the provisions of Section 181-413.05.04.B.1
and 181-413.05.04.B.2 a and b.
4.
Space Below Lowest Floor.
a.
Any alteration, repair, reconstruction or improvement to a structure
started after the enactment of this Ordinance shall not enclose the
space below the lowest floor unless breakaway walls, open wood lattice-work
or insect screening are used as provided for in this section.
b.
Breakaway walls, open wood lattice-work or insect screening
shall be allowed below the base flood elevation provided that they
are intended to collapse under wind and water loads without causing
collapse, displacement or other structural damage to the elevated
portion of the building or supporting foundation system. Breakaway
walls shall be designed for a safe loading resistance of not less
than 10 and no more than 20 pounds per square foot. Use of breakaway
walls which exceed a design safe loading of 20 pounds per square foot
(either by design or when so required by local or State codes) may
be permitted only if a registered professional engineer or architect
certifies that the designs proposed meet the following conditions:
C.
Sand Dunes. Prohibit manmade alteration of sand dunes within
Zones VE and V on the community's DFIRM which would increase potential
flood damage.
[Ord. No. 1521-13 § 10]
The following provisions shall apply to valid non-conforming
uses, structures and lots at the time of adoption of this Ordinance:
A.
A use, building or structure which is lawfully in existence at the
effective date of this Ordinance and shall be made non-conforming
at the passage of this Ordinance or any applicable amendment thereto,
may be continued as otherwise provided in this section.
B.
No existing use, structure or premises devoted to a nonconforming
use shall be enlarged, extended, reconstructed, substituted or structurally
altered, unless it is changed to a conforming use or structure as
follows:
1.
Any nonconforming structure or use damaged to less than 50% of its
previous existing area or value by fire or other natural calamity,
may be restored, reconstructed or used as before, provided the area
of such use or structure shall not exceed the area which existed prior
to such damage nor increase the intensity of use. All repairs shall
be completed within one year after damages occur, or within such time
extensions granted by the Zoning Officer, which can only be granted
upon good cause being shown by the applicant, or such use shall not
be rebuilt except as a conforming use.
C.
Normal maintenance and repair of a structure containing a nonconforming
use is permitted, provided that it does not extend the area or volume
of space occupied by the nonconforming use or structure and does not
increase the intensity of use. Nothing in this section shall prevent
the restoring to a safe or lawful condition any part of any structure
declared unsafe by the Construction Official.
D.
A building containing residential nonconforming uses may be altered
in any way to improve interior livability. No structural alterations
shall be made which would increase the number of bedrooms or dwelling
units.
E.
Nonconforming uses and structures are considered terminated and shall
not be revived in any way except as a conforming use or structure
in accordance with the following:
1.
A non-conforming use or structure abandoned in accordance with this
Ordinance and accompanied by an intent on the part of the owner to
abandon such use as evidenced by some act or failure to act which
carries with it a sufficient implication that the owner neither claims
or retains any interest in the subject matter of the abandonment shall
be considered a termination thereof. Such implication shall be rebuttably
presumed by non-use for any period of two or more years. Non-use by
successive owners shall be considered continuous non-use.
2.
The change of a nonconforming use or structure to a more or entirely
conforming use for any period of time shall be considered an abandonment
of the previous non-conforming use, and a reversion to the previous
non-conforming use shall not be permitted.
3.
A nonconforming structure or use which has 50% or more of its nonconforming
area or value destroyed by fire or natural calamity shall be considered
an abandonment thereof.
4.
A nonconforming structure may not be enlarged, extended, increased
in height, width or depth, moved or relocated, modified in such a
way so as to increase habitable or useable space, number of dwelling
units or number of bedrooms; unless such structure is changed to a
structure conforming to the requirements of this Ordinance except
that an existing one-family structure may be enlarged, extended or
added to provided:
