Any restrictions or requirements with respect
to buildings or land, or both, which appear in other ordinances of
the Township as established by law and which are greater than those
set forth in this chapter shall take precedence over those herein.
Otherwise the provisions of this chapter shall apply.
A.
No building shall be erected and no existing building
shall be moved, structurally altered, added to, enlarged or rebuilt
nor shall any land be used for any purpose other than those included
among the uses listed as permitted uses in each zone by this chapter
and meeting the requirements as set forth by the schedule, nor shall
any open space contiguous to any building be encroached upon or reduced
in any manner except in conformity with the yard, lot area, building
location, percentage of lot coverage, off-street parking space and
such other regulations designated in the schedule and this chapter
for the zone in which such building or space is located. In the event
of any such unlawful encroachment or reduction, the building shall
be deemed to be in violation of the provisions of this chapter.
B.
No building shall be erected and no existing building shall be moved, structurally altered, added to, enlarged, or rebuilt nor should any land be used for any purpose or in any other manner than as permitted in this chapter and Chapter 74, Land Use Procedures, of the Code of the Township of Andover and any conditions of any applicable variance, site plan or subdivision approval by the approving board.
C.
Any single-family dwelling which was in existence
on the date of the adoption of this chapter and which is totally destroyed
either by fire or by accident may be reconstructed upon its former
location provided that the exterior dimensions of such dwelling, as
reconstructed, are no greater than the exterior dimensions of the
original structure. Such reconstruction shall not constitute a violation
of any of the yard, area, height or building area requirements of
the zone within which such dwelling is located.
No land may be used and no structure may be
erected, raised, moved, extended, enlarged, altered, demolished or
used for any purpose other than that permitted herein for the zone
in which it is located, and all construction shall be in conformity
with the regulations provided for the zone in which such construction
is located.
No building or part thereof shall be erected,
constructed, altered, repaired or moved until a construction permit
has been issued by the Construction Official.
A.
A zoning permit shall be obtained by the owner and/or
occupant of real estate within the Township of Andover in the following
instances:
(1)
Before changing the use of any building, structure,
lot or parcel of land, or portion thereof, or allowing such change.
(2)
Before constructing, erecting, altering or enlarging
or permitting the construction, erection, alteration or enlargement
of any building or structure on a lot.
(3)
Before occupying any building, structure, lot or tract
of land where the use has been changed.
B.
A zoning permit shall be required for alterations
or renovation which would intensify the use by increasing the units
occupied in the building or by changing the parking, traffic pattern
or lighting.
C.
No zoning permit shall be required for the alteration
of a single-family dwelling to be used solely for residential purposes.
A zoning permit shall be required for an addition to a single-family
residence.
D.
The zoning permit shall show that every building or
structure, or premises or part thereof, and the proposed use thereof
are in conformity with the provisions of this chapter or in conformity
with the provisions of a variance previously granted according to
law and all other applicable Township and state laws, rules and regulations.
E.
All zoning permits shall be used in triplicate, and
one copy shall be posted conspicuously on the premises affected whenever
construction work is being performed thereon. No owner, contractor,
workman or other persons shall perform any building operations of
any kind unless the zoning permit covering such operation has been
previously issued. Furthermore, no building operations of any kind
shall be performed after notification of the revocation of said zoning
permit. Every zoning permit for a residence or residential dwelling
unit shall set forth the maximum occupancy of said residence or dwelling
unit for a multiple housing complex, such as garden apartments or
townhouses.
F.
A record shall be kept of all zoning permits issued,
and the original applications therefor shall be kept on file in the
same manner as applications for building permits. No owner, tenant
or other persons shall use or occupy any building or structure thereafter
erected or altered, the use of which shall be changed after passage
of this chapter, without first obtaining a zoning permit.
G.
A zoning permit, unless revoked, shall continue in
effect so long as there is no change of use of the premises.
H.
The Zoning Officer shall act upon all such applications
within 15 days after receipt of a fully filled in application or shall
notify the applicant in writing of his refusal to issue such permit
and the reasons therefor.
I.
Failure to notify the applicant in case of such refusal
within said 15 days shall entitle the applicant for a zoning permit
to file an appeal to the Zoning Board of Adjustment as in the case
of a denial.
J.
The Zoning Officer may waive plans on minor alterations
not affecting structural change.
K.
Fee schedule for application for zoning permit:
[Amended 2-11-2013 by Ord. No. 2013-02]
|
Application Fee
|
Late Filing Fee
| |||
|
Additions, alterations and accessory structures:
residential and farm
| ||||
|
Up to $2,500
|
$25
|
$35
| ||
|
Up to $5,000
|
$35
|
$50
| ||
|
Up to $10,000
|
$50
|
$70
| ||
|
Up to $20,000
|
$75
|
$100
| ||
|
Over $20,000
|
$100
|
$125
| ||
|
New homes
|
$100
|
$150
| ||
|
Home occupations
|
$75
|
$125
| ||
|
Commercial alterations: signs, accessory structures,
new buildings
| ||||
|
Up to $5,000
|
$50
|
$75
| ||
|
Up to $10,000
|
$75
|
$100
| ||
|
Up to $50,000
|
$100
|
$150
| ||
|
Up to $100,000
|
$150
|
$175
| ||
|
Over $100,000
|
$200
|
$225
| ||
L.
If it shall appear at any time to the Zoning Officer
that the application or accompanying plans is in any material respect
false or misleading or that the work being done upon the premises
is materially different from that called for in the application previously
filed with him or may be in violation of any provision of this chapter
or that the conditions imposed by either the Planning Board or Board
of Adjustment are not being met within the time or in the manner required
by the approving authority, he may forthwith revoke the zoning permit.
A.
Any person violating this chapter and any zoning,
site plan, subdivision or land use ordinances and any conditions of
approvals of the Planning Board or Zoning Board of the Township of
Andover may be subject to a penalty of $2,000 per day for any such
violation, and each and every day such violation continues shall be
a separate and distinct violation, or may be imprisoned for a period
not to exceed 90 days, or both.
[Amended 9-10-2007 by Ord. No. 2007-16]
B.
In addition to the foregoing, the Township shall be
entitled to apply to the Superior Court for an injunction to prohibit
the commencement and/or continuation of such construction, use or
activity undertaken in violation of this chapter.
[Amended 9-25-2017 by Ord. No. 2017-07]
A lot used for a single-family residence purpose shall contain only one principal structure. Every principal structure shall be built upon a lot with frontage upon the public street. Only one principal permitted structure is allowed in any zone district, with the exception of shopping centers (See § 190-44.) and flex-space buildings defined at § 190-4).
When parking areas or driveways in residential
zones are graded towards the road, they shall be paved or covered
with shale, stone or like material to a minimum depth of two inches.
A.
Provision shall be made for off-street parking spaces in accordance with Article VII, at least one of which may be in an enclosed garage, for each single-family detached dwelling. Such off-street parking areas and all driveways shall be constructed in accordance with the specifications in Subsection B. Nonresidential uses permitted in residential zones shall provide the number of parking spaces required by the specific use as prescribed in Article VII.
B.
Residential off-street parking spaces and driveways which slope towards the street at an average grade of more than 3% within 50 feet of the street shall be constructed in accordance with the following specifications, except as provided in Subsection E below:
C.
Driveway grades shall not exceed 15% at any point
along its entire length. In addition, the driveway grade shall not
exceed 8% for a distance of eight feet from the curbline and a vertical
curve provided between said eight-percent grade and any increase in
grade. Driveways shall be no more than 8% within 12 feet of the garage.
D.
The side slopes of driveways shall be topsoiled, seeded,
fertilized and mulched to prevent erosion. If banks reach or exceed
a slope of 2:1, crownvetch or some other stabilizing material shall
be planted or retaining walls constructed based on the recommendations
of the Township Engineer.
E.
Notwithstanding the foregoing provisions, driveways in excess of 100 feet in length with grades not exceeding 4% may be constructed of shale, stone or other material of two inches in lieu of the requirements in Subsection B(1) and (2). All other requirements of Subsections C and D shall apply. Driveways in excess of 100 feet in length exceeding a grade of 3% shall be constructed in accordance with standards and specifications as recommended by the Township Engineer.
[Amended 9-25-2017 by Ord. No. 2017-10]
Any accessory building attached to the main building shall comply
in all respects with the requirements of this chapter applicable to
the main building. An accessory building shall be located at least
10 feet from the main building. It shall comply in all respects with
the requirements of the schedule applicable to accessory buildings.
Height of unattached accessory buildings shall be 20 feet maximum.
No accessory building shall encroach upon the front yard setback for
the principal structure. Flagpoles are permitted in all residential
zones, subject to a height restriction of 25 feet, and allowed in
the front yard setback area. Flagpoles are also permitted in commercial
industrial zones, subject to a height restriction of 35 feet, and
allowed in the front yard setback area.
Corner lots shall provide the minimum front
yard requirements for the respective zone for both intersecting streets.
Through lots shall provide the minimum front yard requirements for
the respective zone for both streets on which they front.
No other space provided about any buildings
for the purpose of complying with the provisions of this chapter shall
be considered as providing a yard or open space for any other building,
and no yard or other open space on another lot shall be considered
as providing a yard or open space for a building on any other lot.
At the intersection or interception of two or
more streets, no hedge, fence, wall or sign higher than 2 1/2
feet above curb level, nor any obstruction to vision between the height
of 2 1/2 feet to seven feet above the curb level, other than
a post or a tree, shall be permitted within the triangular area formed
by the intersecting street lines and straight line joining the street
lines at points which are 25 feet distant from the point of intersection
measured along said street line.
A.
The height limitations shall not apply to chimneys,
silos, church spires, gables, cupolas, standpipes, monuments, cables,
scenery lofts or water tanks and similar structures and necessary
mechanical appurtenances for the zone in which the building is located.
B.
The height limitations shall not apply to television
antennas, radio antennas, communications antennas utilized for communications
with emergency services (police departments, fire departments and
rescue squads), and communications antennas utilized by private businesses
for communications with vehicles registered to the business. All such
uses are to be conducted under proper and current FCC license.
C.
Notwithstanding the provisions of Subsections A and B above, the following regulations govern the uses enumerated in Subsection A and B above as set forth below:
(2)
No structure set forth in Subsection B above shall exceed 50 feet in height in the following residential zone districts: R-0.5, R-1.0, R-1.5, R-2.0, R-2.5, R-3.5 and the Multifamily Residential (MFR) Zone District. No structure set forth in Subsection B above shall exceed 75 feet in height in any other zone district. However, commercial radio antennae licensed by the Federal Communications Commission (the FCC) may be constructed with a height of up to 200 feet on any site on which an FCC licensed radio antenna with a height of 200 feet or greater exists on May 1, 1998.
(3)
Each building or structure or combination thereof
in excess of the height regulations shall be set back from the property
lines, at minimum, a distance equal to its height.
(4)
When connected to and made part of a principal building,
the structure shall not cover, at any level, more than 10% of the
area of the roof on which it is located.
(5)
The height limitations contained in N.J.A.C. 16:62-1.1
et seq. related to zone districts in proximity to airports shall be
complied with. The applicant shall prove by certification of a professional
engineer and land surveyor, together with maps and other technical
evidence, to the satisfaction of the reviewing municipal board or
official, that this regulation is complied with.
No permit shall be granted for a structure or
use if the design or construction of the same involves or is likely
to involve exceptional risk of traffic congestion, public safety or
hazard. No lighting of any kind shall be permitted which interferes
with or is likely to involve a risk of traffic safety.
A.
Not more than one commercial-type vehicle, not to
exceed 13,500 pounds, as per the manufacturer's rated capacity, which
must be owned or used by a resident of the premises, shall be permitted
to be parked in a residential zone, provided it is not parked on the
street or right-of-way. No vehicles, whether commercial or not, larger
than 21 feet in length shall be parked or stored in a residential
zone.
B.
The following types of vehicles shall be prohibited
in all residential zones at all times regardless of size or weight:
(1)
Any vehicle containing or carrying hazardous materials,
perishable foods, garbage, rubbish, refuse, or live animals, except
trash and recycling collection vehicles making pickups and residents
with their pets.
(2)
Any vehicle using equipment that emits noise, such
as generators, refrigeration equipment or backup alarms.
(3)
Any vehicle which emits odors, such as tar kettles
or spray equipment, except lawn care service company vehicles.
C.
The provision of this section shall not be deemed
to apply to the following:
(1)
One school bus operated by the resident.
(2)
Farm vehicles on property used for agricultural use.
(4)
Vehicles undergoing emergency repairs, not exceeding
24 hours in duration.
(5)
Service vehicles making deliveries and pickups, such
as furniture delivery vehicles, not exceeding 24 hours in duration.
(6)
Moving vans and moving trucks and trailers for the
residence at which they are moving the possessions to or from for
a period not exceeding 48 hours in duration.
(7)
One boat and boat trailer provided they are parked
on the side or rear yard.
Notwithstanding any other provisions of this
chapter, the parking of mobile homes and travel trailers in any zone
is prohibited, except that the prohibition should not extend to one
unoccupied travel trailer or motor home owned or rented by the property
owner and one travel trailer or motor home occupied by nonpaying guests
of the property owner for a period not longer than two weeks in any
calendar year, if parked within the side or rear yard setback requirements
of the zone in which it is parked.
[Amended 4-26-2010 by Ord. No. 2010-05; 9-25-2017 by Ord. No. 2017-08]
In the business, commercial and industrial zones, except for concrete and asphalt product and production facilities within the General Industrial Zone district in accordance with the standards set forth in § 190-55.2, no article or material shall be kept or stored, except articles for sale, outside the confines of a building unless it is so screened by special planting or a fence, as approved by the Land Use Board, so that it is not visible from any adjacent residential zone or public street, except such storage is as normal and incidental thereto. This shall not be construed to prohibit the storage or display of shrubbery grown on the premises. Outdoor storage as permitted and regulated in this section is only permitted in the side and rear yards. Seasonal farm produce grown on the premises is a specifically permitted outdoor use and may be displayed in the front yard of any lot without being screened. All outdoor storage of materials, equipment, and vehicles (including tractor trailers, mason dump trucks, roll-off containers, shipping containers, etc.) is prohibited unless the principal structure or use is functional and not vacant for more than three consecutive months.
[Amended 4-26-2010 by Ord. No. 2010-05; 9-25-2017 by Ord. No. 2017-09; 6-25-2018 by Ord. No. 2018-07]
Any use not specifically permitted in a zoning district established
by this chapter is specifically prohibited from that district, and
the following uses and activities are specifically prohibited on all
and every property in Andover Township:
A.
All billboards of any type plus signboards, advertising signs or
devices not expressly related to the business being conducted on the
premises or otherwise specifically permitted by this chapter.
B.
Carousel, roller coaster, Ferris wheel, train rides, midways, sideshows,
boxing or wrestling exhibitions and the like. Scholastic sports shall
be permitted.
C.
Trailer coach or mobile home parks.
D.
Junkyards, automobile wrecking or disassembly yards.
E.
Any use which emits excessive or objectionable amounts of dust, fumes,
noise, odor, smoke, vibration, glare or waste products.
F.
The use of any building or premises in such a manner that the health,
safety or welfare of the community may be damaged.
G.
Outdoor drive-in theaters.
H.
The mining, quarrying or other removal of solid rock, stone or ores
and minerals.
Where uncertainty exists as to any of the boundaries
as shown on the map, the following rules shall apply:
A.
Zone boundary lines are intended to follow the center
line of the streets, railroad rights-of-way, streams and lot or property
lines as they exist on plats of record on the date of passage of this
chapter unless the boundary lines are fixed by dimensions shown on
the Zoning Map.
B.
Where boundaries are not fixed by dimensions and where
they approximately follow the lines, and where they do not scale more
than 25 feet distant therefrom, the lot lines shall be construed to
be such boundaries unless specifically shown otherwise.
C.
In unsubdivided land and where a zone boundary divides
a lot, the location of the boundary, unless the same is indicated
by dimensions shown on the map, shall be determined by the use of
the scale appearing thereon.
Any lot or plot legally established and existing
at the time of passage of this chapter that fails to comply with the
minimum requirements of this chapter may be used for any use not otherwise
prohibited in such district in which it lies, provided that all the
following requirements are complied with:
A.
Such lot is in single ownership at the time of the
adoption of this chapter.
B.
Maximum lot coverage shall be no more than 10% of
the lot.
C.
The yard, floor area and height requirements as set forth in § 190-34 are complied with for the zone in which the lot is located. Lots greater than 10,000 square feet and less than 20,000 square feet shall be required to meet the yard, floor area and height requirements for the zone in which they are located as set forth in § 190-34.
D.
Any lot containing less than 10,000 square feet may
be used for single-family residence if served by a central water system,
when a variance is applied for and approved by the Board of Adjustment.
E.
Any lot containing less than 10,000 square feet for
which a variance is approved shall have a maximum lot coverage of
no more than 10% of the lot.
Any lot legally established and existing on
February 15, 1989, that fails to comply with the minimum requirements
of this chapter may be used for any use not otherwise prohibited in
the zone district in which it lies, provided that the following requirements
are complied with:
Within the limits of practicability and feasibility,
buildings shall be oriented on the lots to maximize solar gain. Also
within said limits, buildings and structures shall use renewable energy
sources.
An existing residential structure permitted
in the zone but which violates existing yard requirements may be expanded
without obtaining a variance, provided that:
A.
The violation of the setback requirements of this
chapter by the existing structure is not further increased and other
yard requirements, not previously violated, are complied with.
B.
Both vertical and horizontal expansion of that portion
of the structure violating the existing setback requirement is permitted,
provided the expansion meets 2/3 of the side yard setback requirements
of the zone and 3/4 of the front yard and rear yard setback requirements
of the zone. The Zoning Officer may, at his discretion, require screening.
C.
The previous encroachment preexisted the present yard
requirements and complied with the former yard requirements or was
granted a variance therefrom.
D.
The number of dwelling units does not exceed the number
allowed in the zone.
E.
Excepted from the zoning requirements for building
setback are eaves, fireplaces, chimneys, and stairs, provided they
do not extend more than four feet beyond the principal or accessory
structure.
A.
The applicant for a peat harvesting operation shall
file an application with the Planning Board for classification of
the operation as a peat harvesting operation.
B.
Application requirements:
(1)
An aerial photo of the entire property plus 200 feet
beyond the property lines. The scale of the photo should be one inch
equals 200 feet.
(2)
Scaled property lines of the property shown on the
map of a scale one inch equals 200 feet.
(3)
The areas proposed to be worked during the coming
year and all areas already worked and presently being worked, if applicable.
(4)
Haul roads.
(5)
Areas where lakes have been or will be created.
(6)
Areas that will be turned back to the growth of sedge
and other natural plants.
(7)
Existing and proposed diking on the property, including
the method of the same.
(8)
Such other information as reasonably required by the
Planning Board to classify the operation and make a determination
on the application.
C.
Soil erosion and sediment control plan required prior
to action on the application by the Planning Board. A soil erosion
and sediment control plan shall be submitted by the applicant prior
to action by the Planning Board.
D.
Action by Planning Board on the application. In the
event the Planning Board classifies the proposed operation as a peat
harvesting operation, it shall direct the Township Zoning Officer
to issue a zoning permit to the applicant for the peat harvesting
operation, provided the use is permitted in the zone. The Planning
Board shall act upon the application by resolution, and the resolution
may suggest reasonable conditions of approval which the Zoning Officer
may attach to the zoning permit.
E.
Performance guarantees. A bond or letter of credit
shall be posted with the Township of Andover to cover the cost of
repairing and maintaining dikes and seeding the dikes in the amount
of $10,000 initially. The amount of the guarantee shall be reviewed
each year by the Township Committee upon the advice of Township Engineer
and Planning Board Attorney to determine if the amount and form of
the guarantee are sufficient. The required guarantee may be amended
by the Township Committee, if necessary.
[Amended 4-13-2009 by Ord. No. 2009-11]
F.
Annual reports. The applicant shall file an annual
report with the Zoning Officer, including the following:
(1)
An aerial photo showing the entire property, plus
200 feet beyond the property line. The scale of the photo shall be
one inch equals 200 feet.
(2)
A map showing the scale property lines, the area presently
being worked and the area proposed to be worked during the coming
year, haul roads, areas to be converted into lakes and areas to be
returned to the growth of sedge and other natural plants, and proposed
diking.
G.
Application and inspection fees. Upon application
to the Planning Board for classification of a peat harvesting operation
and to the Zoning Officer for a zoning permit, the applicant shall
pay an application fee to the Township of Andover to cover the cost
of initial review of the proposed operation in the sum of $500. In
addition, the applicant shall deposit the sum of $2,500 with the Township
to cover engineering and extraordinary legal review fees for the initial
application. Upon the issuance of a permit, the applicant shall pay
a fee of $550 to cover the periodic field checks by the Engineer during
the first year of operation. Annually thereafter a permittee shall
pay an annual fee of $100 and shall reimburse the Township for the
cost of all periodic inspection fees as well as for any extraordinary
costs or expenses, including legal fees, necessitated as a result
of unforeseen difficulties or exigencies or necessitated by or resulting
from any violation of any provision of this chapter.
[Amended 4-13-2009 by Ord. No. 2009-11]
H.
Revocation of permit. After reasonable notice of an
opportunity to be heard before the Township Committee, the permit
of any person or entity may be revoked or suspended for such period
as the Township Committee may determine for any violation of the terms
hereof or any terms and conditions of any approved plan and permit
granted hereunder.
A.
The right to farm land within the Township of Andover
is hereby recognized to exist as a natural right and is also hereby
recognized to exist as a permitted use throughout the Township of
Andover on all parcels defined as a farm in this chapter.
B.
The right to farm includes:
(1)
The ability to market that particular farm's output,
including the construction of buildings and parking areas for on-site
farm markets and pick-your-own sales.
(2)
The ability to replenish soil nutrients as recommended
by the New Jersey Agricultural Experiment Station.
(3)
The ability to use federal government approved products
according to label instructions as recommended by the New Jersey Agricultural
Experiment Station, the United States Environmental Protection Agency
and the New Jersey Department of Environmental Protection for the
control of pests and diseases affecting plants and livestock and for
the control of weed infestation.
(4)
Clearing of woodlands to expand agricultural production,
vegetative and terrain alterations, the installation of physical facilities
for soil and water conservation and the harvesting of timber.
(5)
The erection of farm structures whose designs are
in accordance with the New Jersey Agricultural Experiment Station.
A private land grant college design will be exempt from the requirement
for an architect's seal of approval.
(6)
The use of irrigation pumps and equipment. A priority
water use for agriculture, second only to human consumption and household
needs, is herein recognized.
(7)
On-site handling and disposal of organic wastes and
materials in accordance with acceptable management practices.
(8)
Aerial and ground seeding and spraying on farms in
accordance with acceptable management practices.
(9)
Producing from the land agricultural products such
as vegetables, greens, hay, fruit, fibers, wood, plants, shrubs, flowers
and seeds.
C.
The right to farm also includes the use of land for
the grazing by animals.
D.
Right to farm in Andover Township does not include
intensive hog farming or extensive animal feedlot operations.
E.
Farming activities may be conducted on holidays, Sundays
and weekdays, in the evening and during the day, and the normal noise,
odors, dust and fumes that are caused by said activities are also
specifically permitted when reasonable and necessary for that particular
farming, livestock or fowl production and when conducted in accordance
with generally accepted agricultural practices.
F.
The aforementioned rights are subject to the restrictions
and regulations of state and Township health and sanitary codes. All
state and federal laws and regulations shall govern the right to farm.
In the event of a conflict between this section and any state or federal
law or regulation, the state or federal law or regulations shall control.
In the event any part of this section shall be deemed to be illegal
or invalid, that part shall be deemed severable and the remainder
of this section shall remain valid and in full force and effect.
G.
It is herein recommended that all farm and agricultural
operators devise and implement a conservation plan in cooperation
with the Sussex County Soil Conservation District.
A.
All adjoining lots in single ownership which do not
meet the present requirements of this chapter shall merge to form
one lot unless:
(2)
The lots are exempted from the effects of zoning ordinance
amendments under the provisions of N.J.S.A. 40:55D-49 or 40:55D-52;
(3)
The lots together form an L-shaped lot fronting on
two different streets, which streets are constructed and passable;
or
(4)
The lots are back to back and front on different streets
which are constructed and passable.
B.
All lots which have merged to form one lot shall not
be conveyed separately without subdivision approval being obtained
from the appropriate Township board. No improvements shall be constructed
on a lot not meeting the present requirements of this chapter unless:
[Added 3-28-2006 by Ord. No. 2006-8]
No residential lot created as part of an approved
subdivision shall be further subdivided for the purpose of creating,
on said lot or on a portion thereof, a street designed to provide
access to a proposed development on an adjoining property or access
through one or more adjoining properties to a proposed development
on another property.
A.
Zone districts for the land around the airports in the Township of Andover, including the Newton Airport and the Aeroflex Airport, are required by the Air Safety and Hazardous Zoning Act, N.J.S.A. 6:1-80 et seq. and N.J.A.C. 16:62-1 et seq., as required by said state laws and regulations. These regulations are enacted governing land use within the Air Safety Zone Districts contained in this chapter, § 190-34 et seq. Said Air Safety Zone Districts are designated as follows: R-0.5/A, R-2.0/A-1, B/A, BPO/A, BPO/R/A, CR/A-2 and I/A-2.
C.
Vertical development (height) standards in the Air
Safety Zone Districts.
(1)
Pursuant to N.J.A.C. 16:62-1.1 et seq., the following
vertical (height) limits are established as maximum height limits
for any vertical development, including any structure, road or tree
or other object of natural growth, in the Air Safety Zone District,
except where this chapter shall establish more stringent height limitations,
in which case the more stringent limitations shall apply. For purposes
of this regulation, a public road shall be considered a fifteen-foot
vertical development and a private road a ten-foot vertical development.
(2)
Vertical development standards are vertical standards
measured in respect to elevations whose datum is the horizontal plane
established by runway elevations. For example, if a point in an airport
hazard area permits at a specific point development up to "X" feet,
that means "X" feet above the runway horizontal plane and not "X"
feet above the natural grade of the land at that point in the airport
hazard area. Airport hazard areas are established by N.J.A.C. 16:62
and are depicted at the end of this subsection (Figures 1 to 6).
(3)
The vertical standards within the runway subzone of
an airport hazard area are determined first by establishing the elevations
at the runway center lines at the ends of the runway subzone of the
airport hazard area. From those elevations at the runway subzone ends,
a line is run 90º outward from each side of the runway center
line for a distance of 125 feet. Within the area defined by those
four points, no development is allowed above the natural grade of
the soil except for runway and flight safety equipment.
(a)
The vertical standards within the remainder of the runway subzone of an airport hazard area are determined by establishing places from the edges of the longitudinal zero foot development restriction line established in Subsection C(2) above which slope upward at a rate of seven feet horizontally to one foot vertically. This upward plane ceases when it reaches the outer longitudinal borders of the runway subzone of any airport hazard area at the elevation of 150 feet above its starting point at the longitudinal zero foot development line.
(b)
The methodology used to establish the vertical
standards within the runway subzone of an airport hazard area is further
graphically depicted in Figure 5.
(4)
The vertical standards within the runway end subzone
of an airport safety area are determined by first establishing a place
with a rising slope of one foot upward to 20 feet outward from the
end of the runway end subzone. This place is bisected by the extended
runway center line and is 250 feet in total width at its innermost
dimension and widens uniformly along its length of 3,000 feet so as
to have total width of 850 feet at its outermost dimension where it
intersects with the outermost portion of the runway end subzone at
the elevation of 150 feet above its starting point at the zero foot
development line.
D.
Permitted uses in the Air Safety Zone Districts. The
specific uses permitted in the aforesaid zone districts are listed
in the tables located at the end of this chapter. However, all residential
dwellings which were in existence on March 20, 1985, located within
the following zone districts are permitted uses: R-0.5/A, R-1.5/A-1,
R-1.5/A-2, BPO/R/A, CR/A-1 and CR/A-2, except in the clear zone.
E.
Prohibited uses. Pursuant to N.J.A.C. 16:62-1.1 et
seq., the following uses are prohibited in the Air Safety Zone Districts:
(2)
Planned unit developments and multifamily dwellings.
(3)
Hospitals.
(4)
Schools.
(5)
Aboveground bulk tank storage of compressed flammable
or compressed toxic gases and liquids.
(6)
Within the runway and subzones only, the aboveground
bulk tank storage of flammable or toxic gases and liquids.
(7)
Uses that may attract massing birds, including landfills.
(8)
Above-grade major utility transmission lines and/or
mains.
F.
Zoning Map. Pursuant to the Air Safety and Hazardous
Zoning Act of 1983, c. 260, N.J.S.A. 6:1-80 et seq. and N.J.A.C. 16:62-1.1
et seq., there are hereby established two Air Safety Zone Districts
on the Zoning Map of the Township of Andover. The Air Safety Zone
Districts consist of a runway subzone and two runway end zones and
a clear zone. The shape of these zone districts and the subzones is
shown on the Zoning Map of the Township of Andover.
G.
Expansion of preexisting structures.
(1)
Preexisting residential structures located within
the following zone districts may be expanded on the approval of a
building permit by the Township Construction Official. R-0.5/A, R-1.0/A-1,
R-1.0/A-2, BPO/R/A, CR/A-1 and CR/A-2, except those located within
the clear zone.
(2)
A preexisting land use, with the exception of those uses set forth in Subsection G(1) immediately preceding, and not a permitted use under Subsection D and in existence at the time of the adoption of this amendment to this chapter, shall constitute a nonconforming use.
(a)
In the event an application is made to expand
that use, the applicant shall obtain approval from the Andover Township
Zoning Board of Adjustment of a variance permitting the same. In the
event said proposed expansion of the nonconforming use is no greater
than 10% of the existing structure or use, approval of the Zoning
Board of Adjustment only is required. However, if the expansion exceeds
10% of the existing nonconforming use, the applicant shall also, in
addition to the approval of the Andover Township Zoning Board of Adjustment,
obtain the approval of the New Jersey Commissioner of Transportation
pursuant to N.J.A.C. 16:62-9.1.
H.
Conditional use. Any use which will create a concentration
of persons within the Air Safety Zone of over 2,500 persons shall
be a conditional use and shall meet the following condition: no use
within the Air Safety Zone shall create an unwarranted concentration
of persons within the Air Safety Zones to such an extent that the
concentration constitutes an air hazard or constitutes a danger to
the health, safety or welfare of the persons concentrated within the
zone.
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A.
Purpose. It is recognized and documented by numerous
expert studies and reports throughout the country that sexually-oriented
businesses, because of their very nature, have serious objectionable
characteristics that result in a deleterious effect upon adjacent
areas. Special regulation of these uses is necessary to ensure that
these adverse effects will not contribute to the blighting or downgrading
of surrounding neighborhoods.
[Added 4-13-2005 by Ord. No. 2005-6]
Growth share shall apply to all zones as the
minimum obligation. Additional obligation may be assigned under certain
circumstances to advance the purposes of zoning and to promote the
public good.
A.
Residential subdivisions of two lots/units to eight
lots/units or development on an existing vacant lot shall be required
to provide a cash contribution of $4,375 or 1% of the equalized assessed
value, whichever is greater, to the Housing Trust Fund for each new
housing unit.
B.
Residential subdivisions of nine lots/units or more
shall be required to construct one affordable unit for every eight
market housing lots/units.
C.
Residential subdivisions of 10 to 13 market lots/units shall be required to comply with Subsection B plus a cash contribution of $4,375 or 1% of the equalized assessed value, whichever is greater, for each housing lot/unit of 10 and up to 13, or construct one additional affordable housing unit in lieu of paying any fees for lots 10 through 13.
D.
Residential subdivisions of 14 to 18 market lots shall be required to comply with Subsection B plus construct one additional affordable housing unit.
F.
Nonresidential development shall provide one affordable
housing unit for every 25 jobs projected in accordance with Appendix
E of N.J.A.C. 5:94-1, et seq., titled "UCC Use Groups for Projecting
and Implementing Nonresidential Components of Growth Share."
G.
Permitted housing types for affordable units. More
than one affordable unit may be on a building lot. A market unit and
an affordable unit may be on the same lot. Single-family homes with
a minimum lot size of 1/2 acre, duplex and triplex structures are
permitted. Apartments over retail and offices are permitted in zones
where retail and offices are permitted.
H.
Alternative mechanisms permitted under COAH's regulations
shall be permitted in place of on-site construction of affordable
units, including the purchase of an existing market-rate house at
another location in Andover Township and conversion to an affordable
deed-restricted housing unit conforming to COAH rules; funding a Regional
Contribution Agreement (RCA); participation in gut rehabilitation;
and a contribution to the Housing Trust Fund for the municipal housing
rehabilitation obligation. An applicant shall only be entitled to
satisfy its obligation to construct one affordable housing unit on
site for every eight market units or one affordable unit per every
25 jobs via one or more of the alternative mechanisms stated within
this subsection, if the applicant demonstrates to the Board that the
requirement to construct one affordable unit for every eight market
units or one affordable unit for every 25 jobs created on site would
be a taking without just compensation and that the reasons established
would be consistent with the Master Plan, zoning ordinances, COAH
regulations and court decisions.
I.
Compliance. Full compliance with the affordable housing
requirements of a project shall be automatic, essential and nonremovable
conditions of approval. The applicant must demonstrate to the Board
by way of a developer's agreement that the affordable housing obligation
will be satisfied prior to obtaining the first building permit, with
compliance being a continuing condition during construction.
J.
Lot area and bulk requirements as per the residential
zone district in which the subdivision occurs.
K.
Thirty-year deed restriction as required by COAH on
the affordable units.
L.
Affordable units: 50% of the units shall be low income
and 50% moderate income.
M.
Bedroom mix shall be in accordance with current COAH
rules.
N.
The affordable housing structures shall be consistent
in size (except for single family) and architectural features with
the neighborhood or as approved by the Planning Board.
O.
Septic systems for the affordable housing units on
the same lot may only share the leach field, which must be maintained
with an annual maintenance fee from each unit. Each owner shall maintain
other septic system components.
[Added 4-13-2005 by Ord. No. 2005-7; amended 5-11-2009 by Ord. No.
2009-16]
A.
Purpose.
(1)
In Holmdel Builder's Association v. Holmdel Township, 121 N.J.
550 (1990), the New Jersey Supreme Court determined that mandatory
development fees are authorized by the Fair Housing Act of 1985 (the
Act), N.J.S.A. 52:27D-301 et seq., and the State Constitution, subject
to the Council on Affordable Housing's (COAH's) adoption of rules.
(2)
Pursuant to P.L.2008, c.46 section 8 (N.J.S.A. 52:27D-329.2)
and the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1
through 8.7), COAH is authorized to adopt and promulgate regulations
necessary for the establishment, implementation, review, monitoring
and enforcement of municipal affordable housing trust funds and corresponding
spending plans. Municipalities that are under the jurisdiction of
the Council or court of competent jurisdiction and have a COAH-approved
spending plan may retain fees collected from nonresidential development.
(3)
This section establishes standards for the collection, maintenance,
and expenditure of development fees pursuant to COAH's regulations
and in accordance with P.L.2008, c.46, Sections 8 and 32-38. Fees
collected pursuant to this section shall be used for the sole purpose
of providing low- and moderate-income housing. This section shall
be interpreted within the framework of COAH's rules on development
fees, codified at N.J.A.C. 5:97-8.
C.
AFFORDABLE HOUSING DEVELOPMENT
COAH or THE COUNCIL
DEVELOPER
DEVELOPMENT FEE
EQUALIZED ASSESSED VALUE
GREEN BUILDING STRATEGIES
Definitions. The following terms, as used in this section, shall
have the following meanings:
A development included in the Housing Element and Fair Share
Plan, and includes, but is not limited to, an inclusionary development,
a municipal construction project or a one-hundred-percent affordable
development.
The New Jersey Council on Affordable Housing established
under the Act which has primary jurisdiction for the administration
of housing obligations in accordance with sound regional land use
consideration in the state.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
Money paid by a developer for the improvement of property
as permitted in N.J.A.C. 5:97-8.3.
The assessed value of a property divided by the current average
ratio of assessed to true value for the municipality in which the
property is situated, as determined in accordance with sections 1,
5, and 6 of P.L.1973, c.123 (N.J.S.A. 54:1-35a through N.J.S.A. 54:1-35c).
Those strategies that minimize the impact of development
on the environment, and enhance the health, safety and well-being
of residents by producing durable, low-maintenance, resource-efficient
housing while making optimum use of existing infrastructure and community
services.
D.
Residential development fees.
(1)
Imposed fees.
(a)
Within the Andover Township district(s), residential developers,
except for developers of the types of development specifically exempted
below, shall pay a fee of 1.5% of the equalized assessed value for
residential development, provided no increased density is permitted.
(b)
When an increase in residential density pursuant to N.J.S.A.
40:55D-70d(5) (known as a "d" variance) has been permitted, developers
may be required to pay a development fee of 6% of the equalized assessed
value for each additional unit that may be realized. However, if the
zoning on a site has changed during the two-year period preceding
the filing of such a variance application, the base density for the
purposes of calculating the bonus development fee shall be the highest
density permitted by right during the two-year period preceding the
filing of the variance application. Example: If an approval allows
four units to be constructed on a site that was zoned for two units,
the fees could equal 1 1/2 of the equalized assessed value on
the first two units; and the specified higher percentage up to 6%
of the equalized assessed value for the two additional units, provided
zoning on the site has not changed during the two-year period preceding
the filing of such a variance application.
(2)
Eligible exactions, ineligible exactions and exemptions for
residential development.
(a)
Affordable housing developments, developments where the developer
is providing for the construction of affordable units elsewhere in
the municipality, and developments where the developer has made a
payment in lieu of on-site construction of affordable units shall
be exempt from development fees.
(b)
Developments that have received preliminary or final site plan
approval prior to the adoption of a municipal development fee ordinance
shall be exempt from development fees, unless the developer seeks
a substantial change in the approval. Where a site plan approval does
not apply, a zoning and/or building permit shall be synonymous with
preliminary or final site plan approval for this purpose. The fee
percentage shall be vested on the date that the building permit is
issued.
(c)
Development fees shall be imposed and collected when an existing
structure undergoes a change to a more intense use, is demolished
and replaced, or is expanded, if the expansion is not otherwise exempt
from the development fee requirement. The development fee shall be
calculated on the increase in the equalized assessed value of the
improved structure.
(d)
Single-family additions less than 1,000 square feet shall be
exempt from paying a development fee.
(e)
One- and two-family owner-occupied residential structures demolished
and replaced as a result of a fire, flood or natural disaster shall
be exempt from paying a development fee.
E.
Nonresidential development fees.
(1)
Imposed fees.
(a)
Within all zoning districts, nonresidential developers, except
for developers of the types of development specifically exempted,
shall pay a fee equal to 2.5% of the equalized assessed value of the
land and improvements, for all new nonresidential construction on
an unimproved lot or lots.
(b)
Nonresidential developers, except for developers of the types
of development specifically exempted, shall also pay a fee equal to
2.5% of the increase in equalized assessed value resulting from any
additions to existing structures to be used for nonresidential purposes.
(c)
Development fees shall be imposed and collected when an existing
structure is demolished and replaced. The development fee of 2.5%
shall be calculated on the difference between the equalized assessed
value of the preexisting land and improvement and the equalized assessed
value of the newly improved structure, i.e., land and improvement,
at the time final certificate of occupancy is issued. If the calculation
required under this section results in a negative number, the nonresidential
development fee shall be zero.
(2)
Eligible exactions, ineligible exactions and exemptions for
nonresidential development.
(a)
The nonresidential portion of a mixed-use inclusionary or market
rate development shall be subject to the development fee of 2.5%,
unless otherwise exempted below.
(b)
The fee of 2.5% shall not apply to an increase in equalized
assessed value resulting from alterations, change in use within existing
footprint, reconstruction, renovations and repairs.
(c)
Nonresidential developments shall be exempt from the payment
of nonresidential development fees in accordance with the exemptions
required pursuant to P.L.2008, c.46, as specified in the Form N-RDF
"State of New Jersey Non-Residential Development Certification/Exemption."
Any exemption claimed by a developer shall be substantiated by that
developer.
(d)
A developer of a nonresidential development exempted from the
nonresidential development fee pursuant to P.L.2008, c.46 shall be
subject to it at such time the basis for the exemption no longer applies,
and shall make the payment of the nonresidential development fee,
in that event, within three years after that event or after the issuance
of the final certificate of occupancy of the nonresidential development,
whichever is later.
(e)
If a property which was exempted from the collection of a nonresidential
development fee thereafter ceases to be exempt from property taxation,
the owner of the property shall remit the fees required pursuant to
this section within 45 days of the termination of the property tax
exemption. Unpaid nonresidential development fees under these circumstances
may be enforceable by Andover Township as a lien against the real
property of the owner.
F.
Collection procedures.
(1)
Upon the granting of a preliminary, final or other applicable
approval for a development, the applicable approving authority shall
direct its staff to notify the construction official responsible for
the issuance of a building permit.
(2)
For nonresidential developments only, the developer shall also
be provided with a copy of Form N-RDF "State of New Jersey Non-Residential
Development Certification/Exemption" to be completed as per the instructions
provided. The developer of a nonresidential development shall complete
Form N-RDF as per the instructions provided. The construction official
shall verify the information submitted by the nonresidential developer
as per the instructions provided in the Form N-RDF. The Tax Assessor
shall verify exemptions and prepare estimated and final assessments
as per the instructions provided in Form N-RDF.
(3)
The construction official responsible for the issuance of a
building permit shall notify the local Tax Assessor of the issuance
of the first building permit for a development which is subject to
a development fee.
(4)
Within 90 days of receipt of that notice, the municipal Tax
Assessor, based on the plans filed, shall provide an estimate of the
equalized assessed value of the development.
(5)
The construction official responsible for the issuance of a
final certificate of occupancy notifies the local assessor of any
and all requests for the scheduling of a final inspection on property
which is subject to a development fee.
(6)
Within 10 business days of a request for the scheduling of a
final inspection, the municipal assessor shall confirm or modify the
previously estimated equalized assessed value of the improvements
of the development; calculate the development fee; and thereafter
notify the developer of the amount of the fee.
(7)
Should Andover Township fail to determine or notify the developer
of the amount of the development fee within 10 business days of the
request for final inspection, the developer may estimate the amount
due and pay that estimated amount consistent with the dispute process
set forth in subsection b. of section 37 of P.L.2008, c.46 (N.J.S.A.
40:55D-8.6).
(8)
Fifty percent of the development fee shall be collected at the
time of issuance of the building permit. The remaining portion shall
be collected at the issuance of the certificate of occupancy. The
developer shall be responsible for paying the difference between the
fee calculated at building permit and that determined at issuance
of certificate of occupancy.
(9)
Appeal of development fees.
(a)
A developer may challenge residential development fees imposed
by filing a challenge with the County Board of Taxation. Pending a
review and determination by the Board, collected fees shall be placed
in an interest-bearing escrow account by Andover Township. Appeals
from a determination of the Board may be made to the tax court in
accordance with the provisions of the State Tax Uniform Procedure
Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such
determination. Interest earned on amounts escrowed shall be credited
to the prevailing party.
(b)
A developer may challenge nonresidential development fees imposed
by filing a challenge with the Director of the Division of Taxation.
Pending a review and determination by the Director, which shall be
made within 45 days of receipt of the challenge, collected fees shall
be placed in an interest-bearing escrow account by Andover Township.
Appeals from a determination of the Director may be made to the tax
court in accordance with the provisions of the State Tax Uniform Procedure
Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such
determination. Interest earned on amounts escrowed shall be credited
to the prevailing party.
G.
Affordable Housing Trust Fund.
(1)
There is hereby created a separate, interest-bearing housing
trust fund to be maintained by the chief financial officer for the
purpose of depositing development fees collected from residential
and nonresidential developers and proceeds from the sale of units
with extinguished controls.
(2)
The following additional funds shall be deposited in the Affordable
Housing Trust Fund and shall at all times be identifiable by source
and amount:
(a)
Payments in lieu of on-site construction of affordable units;
(b)
Developer-contributed funds to make 10% of the adaptable entrances
in a townhouse or other multistory attached development accessible;
(c)
Rental income from municipally operated units;
(d)
Repayments from affordable housing program loans;
(e)
Recapture funds;
(f)
Proceeds from the sale of affordable units; and
(g)
Any other funds collected in connection with Andover Township's
affordable housing program.
(3)
Within seven days from the opening of the trust fund account,
Andover Township shall provide COAH with written authorization, in
the form of a three-party escrow agreement between the municipality,
the bank and COAH to permit COAH to direct the disbursement of the
funds as provided for in N.J.A.C. 5:97-8.13(b).
(4)
All interest accrued in the Housing Trust Fund shall only be
used on eligible affordable housing activities approved by COAH.
H.
Use of funds.
(1)
The expenditure of all funds shall conform to a spending plan
approved by COAH. Funds deposited in the Housing Trust Fund may be
used for any activity approved by COAH to address the Andover Township's
fair share obligation and may be set up as a grant or revolving loan
program. Such activities include, but are not limited to, preservation
or purchase of housing for the purpose of maintaining or implementing
affordability controls, rehabilitation, new construction of affordable
housing units and related costs, accessory apartment, market to affordable,
or regional housing partnership programs, conversion of existing nonresidential
buildings to create new affordable units, green building strategies
designed to be cost saving and in accordance with accepted national
or state standards, purchase of land for affordable housing, improvement
of land to be used for affordable housing, extensions or improvements
of roads and infrastructure to affordable housing sites, financial
assistance designed to increase affordability, administration necessary
for implementation of the Housing Element and Fair Share Plan, or
any other activity as permitted pursuant to N.J.A.C. 5:97-8.7 through
8.9 and specified in the approved spending plan.
(2)
Funds shall not be expended to reimburse Andover Township for
past housing activities.
(3)
At least 30% of all development fees collected or such amount
as approved through the COAH waiver process and interest earned shall
be used to provide affordability assistance to low- and moderate-income
households in affordable units included in the municipal Fair Share
Plan. One-third of the affordability assistance portion of development
fees collected shall be used to provide affordability assistance to
those households earning 30% or less of median income by region.
(a)
Affordability assistance programs may include down-payment assistance,
security-deposit assistance, low-interest loans, rental assistance,
assistance with homeowners' association or condominium fees and special
assessments, and assistance with emergency repairs.
(b)
Affordability assistance to households earning 30% or less of
median income may include buying down the cost of low or moderate
income units in the municipal Fair Share Plan to make them affordable
to households earning 30% or less of median income.
(c)
Payments in lieu of constructing affordable units on site and
funds from the sale of units with extinguished controls shall be exempt
from the affordability assistance requirement.
(4)
Andover Township may contract with a private or public entity
to administer any part of its Housing Element and Fair Share Plan,
including the requirement for affordability assistance, in accordance
with N.J.A.C. 5:96-18.
(5)
No more than 20% of all revenues collected from development
fees may be expended on administration, including, but not limited
to, salaries and benefits for municipal employees or consultant fees
necessary to develop or implement a new construction program, a Housing
Element and Fair Share Plan, and/or an affirmative marketing program.
In the case of a rehabilitation program, no more than 20% of the revenues
collected from development fees shall be expended for such administrative
expenses. Administrative funds may be used for income qualification
of households, monitoring the turnover of sale and rental units, and
compliance with COAH's monitoring requirements. Legal or other fees
related to litigation opposing affordable housing sites or objecting
to the Council's regulations and/or action are not eligible uses of
the affordable housing trust fund.
I.
Monitoring. Andover Township shall complete and return to COAH all
monitoring forms included in monitoring requirements related to the
collection of development fees from residential and nonresidential
developers, payments in lieu of constructing affordable units on site,
funds from the sale of units with extinguished controls, barrier free
escrow funds, rental income, repayments from affordable housing program
loans, and any other funds collected in connection with Andover Township's
housing program, as well as to the expenditure of revenues and implementation
of the plan certified by COAH. All monitoring reports shall be completed
on forms designed by COAH.
J.
Ongoing collection of fees. The ability for Andover Township to impose,
collect and expend development fees shall expire with its substantive
certification unless Andover Township has filed an adopted Housing
Element and Fair Share Plan with COAH, has petitioned for substantive
certification, and has received COAH's approval of its Development
Fee Ordinance. If Andover Township fails to renew its ability to impose
and collect development fees prior to the expiration of substantive
certification, it may be subject to forfeiture of any or all funds
remaining within its municipal trust fund. Any funds so forfeited
shall be deposited into the "New Jersey Affordable Housing Trust Fund"
established pursuant to section 20 of P.L.1985, c.222 (N.J.S.A. 52:27D-320).
Andover Township shall not impose a residential development fee on
a development that receives preliminary or final site plan approval
after the expiration of its substantive certification or judgment
of compliance; nor shall Andover Township retroactively impose a development
fee on such a development. Andover Township shall not expend development
fees after the expiration of its substantive certification or judgment
of compliance.
[Added 2-28-2006 by Ord. No. 2006-7;
amended 5-29-2007 by Ord. No. 2007-7]
A.
Purpose and findings of fact. The purpose of this
section is to provide for reasonable control of development within
the steep slope areas of the Township in order to minimize the adverse
impact caused by the development of such areas, including, but not
limited to, erosion, siltation, flooding, surface water runoff, alteration
of natural drainage patterns, pollution of potable water supplies,
and destruction of unique land forms and scenic vistas.
B.
Applicability.
(1)
Applicants for site plan, major subdivision or minor subdivision approval involving the disturbance of steep slopes, as defined in § 190-32.3D, shall submit a steep slope disturbance application containing all information required under this section to the appropriate board. Any application for steep slope disturbance which requires a variance pursuant to § 190-32.3G shall require the submission of a site plan application to the Planning Board. The Board shall not approve an application for steep slope disturbance unless the approval requirements of this section are met.
(2)
Applicants for construction permits involving the disturbance of steep slopes but not involving a site plan, major subdivision or minor subdivision, or a variance pursuant to § 190-32.3G, shall submit a steep slope disturbance application to the Township Engineer, in order to ensure that the proposed development of the lot will respect steep slopes and the natural features of the tract and minimize adverse impacts associated with such clearing and/or construction. The application shall not be approved unless the approval requirements of this section are met.
C.
Steep slope disturbance application procedures.
(1)
Applicants seeking approval for the disturbance of steep slopes shall submit information regarding steep slope conditions as required as per § 190-32.3E to the appropriate authority as part of the required submissions. An application for the disturbance of steep slopes shall not be approved unless the requirements of § 190-32.3F have been met been met.
(2)
In connection with the approval of steep slope
disturbance hereunder, the approving authority may require that the
applicant convey to the Township a conservation easement prohibiting
further disturbance of steep slopes of 15% or greater.
D.
E.
Steep slope disturbance application contents. Where
an application involving the construction, grading or clearing of
any lot is being made in conjunction with this section, the following
shall be required:
(1)
A legibly drawn plan at a scale as per site
plan or subdivision requirements and in no case smaller than one inch
equals 50 feet and no larger than one inch equals 10 feet shall be
submitted by a New Jersey licensed engineer, land surveyor or architect
which provides sufficient on-site detail to evaluate the proposed
development.
(2)
The plan shall contain, at a minimum, the following
items:
(a)
Existing and proposed topographic information
using two-foot contour intervals for steep slopes less than 25% and
ten-foot contour intervals for steep slopes 25% or greater.
(b)
Existing and proposed drainage patterns within
100 feet of the lot(s) proposed for development.
(c)
Proposed limit of disturbance line(s).
(d)
Location of proposed structures, driveways and
other impervious surfaces.
(e)
Details concerning architectural design and
how the proposed construction will relate to, complement and minimize
adverse impacts upon the existing natural features of the lot.
(f)
Details concerning proposed permanent soil erosion
measures, including supporting calculations.
(g)
Location of existing and/or proposed wells and
septic systems.
(h)
Soil types contained on the lot, with specific
reference to highly erodible soils as defined by the United States
Department of Agriculture Soil Conservation Service.
(j)
Identification of the limits of proposed areas of conservation easements required pursuant to § 190-32.3C(2) and/or § 190-32.3G.
F.
Permitted limit of disturbance.
(1)
To the greatest extent possible, grading, the siting of any structure or the platting of any parcel for subdivision shall avoid disturbance of slopes 15% or greater, Where it is not feasible or practical to avoid disturbance of slopes 15% or greater, the applicant shall propose and implement measures to minimize the adverse impact caused by the development of such areas, as identified in § 190-32.3A.
(2)
Limited disturbance of steep slope areas within
a subject property is permitted only under the following conditions:
|
Steep Slope Category
|
Maximum Disturbance
| |
|
20% to 24.99%
|
15%
| |
|
25% to 34.99%
|
3%
| |
|
35%+
|
0%
|
G.
Variance required. Disturbance of steep slope areas in amounts greater than indicated in § 190-32.3F, Permitted limit of disturbance, shall require a variance from the approving board. As a condition for the granting of any such variance, the board may require the dedication to the Township of conservation easements covering some or all of the undisturbed areas of the site, regardless of whether such areas contain steep slopes.
H.
Exemptions. A variance pursuant to § 190-32.3G shall not be required for additions to or accessory structures relating to an existing single-family home where the proposed construction involves less than 1,500 square feet of total site disturbance and does not otherwise require variance relief.
I.
Minor steep slope areas. The applicable board or the
Township Engineer may choose to exempt small isolated pockets of steep
slope areas that are man-made and/or do not represent the character
of the area and are under 2,000 square feet in size, where such action
would be in the interest of good planning and would not seriously
impair the purposes of this section, and where strict compliance would
result in unreasonable practical difficulties to the applicant. Where,
however, the applicable board or the Township Engineer finds such
pockets to represent the character of the area and to be of such size,
configuration and location so as to constitute a substantial contiguous
area, the reviewing authority may consider them significant and subject
to regulation under this section. In such a case, they would be included
in the calculation of steep slope area.
J.
Time for approval.
(1)
Where an application for steep slope disturbance is submitted as part of an application for major subdivision, minor subdivision or site plan approval, the time of approval shall be governed by the timing requirements applicable to major subdivisions, minor subdivisions or site plans; provided, however, that the time of approval for an application involving variance relief pursuant to § 190-32.3G shall be 120 days.
(2)
Where an application for a steep slope disturbance
is not submitted in connection with a major subdivision, minor subdivision
or site plan application, the applicable board or the Township Engineer
shall act on the application within 45 days from the date of submission
of a completed application or within such additional time as consented
to by the applicant.
(3)
Failure of the applicable board or the Township
Engineer to act within the prescribed time, or any extension thereof,
shall be deemed to be an approval of the application.
