A comprehensive ordinance regulating and limiting
the uses of land and the uses and locations of buildings and structures;
regulating and restricting the height and bulk of buildings and structures
and determining the area of yards and other open spaces; regulating
and restricting the density of population; dividing the Township of
Readington into districts for such purposes; adopting a map of said
Township showing boundaries and the classification of such districts;
establishing rules, regulations and standards governing the subdivision
and development of land within the Township; establishing a Planning
Board and a Zoning Board of Adjustment; and prescribing penalties
for the violation of its provisions.
The short form by which this chapter may be
known shall be "The Land Development Ordinance of the Township of
Readington."
This chapter is adopted pursuant to N.J.S.A.
40:55D-1 et seq., in order to promote and protect the public health,
safety, morals and general welfare, and in the furtherance of the
following related and more specific objectives:
A.
To secure safety from fire, flood, panic and other
natural and man-made disasters;
B.
To provide adequate light, air and open space;
C.
To ensure that the development of Readington Township
does not conflict with the development and general welfare of neighboring
municipalities, the county and the state as a whole;
D.
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;
E.
To encourage an appropriate and efficient expenditure
of public funds by the coordination of public development with land
use policies;
F.
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;
G.
To promote the retention of agricultural land and
activities within the community;
H.
Adjust building density to the environmental suitability
for development for each site using gross density on buildable land;
I.
To encourage the location and design of transportation
routes which will promote the free flow of traffic while discouraging
location of such facilities and routes which would result in congestion
or blight;
J.
To provide a desirable visual environment through
creative development techniques and good civic design and arrangements;
K.
To promote the conservation of open space and valuable
natural resources and to prevent urban sprawl and degradation of the
environment through improper use of land;
L.
To encourage planned unit developments which incorporate
the best features of design and relate the type, design and layout
of residential, commercial, industrial and recreational development
to the particular site;
M.
To encourage senior citizen community housing construction;
N.
To encourage coordination of the various public and
private procedures and activities shaping land development with a
view of lessening the cost of such development and to the more efficient
use of land;
O.
To promote the utilization of renewable energy sources;
and
P.
To promote the maximum practicable recovery and recycling
of recyclable materials from municipal solid waste through the use
of planning practices designed to incorporate the State Recycling
Plan goals and to compliment municipal recycling programs.
The provisions of this chapter shall be held
to be minimum requirements. Where this chapter imposes a greater restriction
than is imposed and required by other provisions of law or by other
rules, regulations or resolutions, the provisions of this chapter
shall control. Where other laws, rules, regulations or resolutions
require greater restrictions than are imposed by this chapter, the
provisions of such other laws, rules, regulations or restrictions
shall control.
[Amended 6-18-2007 by Ord. No. 17-2007; 6-21-2021 by Ord. No. 16-2021]
All uses not expressly permitted in this chapter
are prohibited. Furthermore, the following uses are expressly prohibited
in any district within the Township:
A.
Any use or activity having any nuisance factor unless
specifically permitted in a certain district.
B.
All sales of illegal drug paraphernalia such as, but
not limited to, stores commonly known as "head shops" and obscene
material such as, but not limited to, books, photos, films, magazines,
videotapes and/or other items related to such sales.
C.
Artists' body painting studios, cabarets and massages
shops.
D.
Auctions or sales of merchandise or personal effects
conducted out side a structure or commercial auction markets except
for disposing of real or personal property when a private home is
being cleaned or vacated or for raising of funds for charitable institutions
and shall not be more than once a year nor for more than two days'
duration.
E.
Incinerators, dumps, junkyards or landfill other than
those operated by the Township or other governmental agency.
F.
Storage of merchandise, supplies, materials or waste
outside of a building and not completely and opaquely screened from
view from public streets, public rights-of-way or adjacent properties.
Outdoor storage includes all vehicles that are not used by employees
solely for travel to and from a work site.
[Amended 5-1-2023 by Ord. No. 09-2023]
G.
Drive-in theaters.
H.
Mobile home parks.
I.
Parking for short-term or long-term storage of trucks
or trailers for use as storage facilities.
J.
Combined residential and other use of a building,
except where specifically permitted.
K.
Cemeteries are prohibited except that the location and operations of lawfully created cemeteries existing at the time of the adoption of this subsection are hereby recognized and ratified as regulated by § 148-49F.
[Added 6-17-2019 by Ord.
No. 13-2019]
L.
The operation
of any and all classes of cannabis establishments or cannabis distributors
or cannabis delivery services as said terms are defined in this chapter
and in Section 3 of P.L. 2021, c. 16,[1] but not the delivery of cannabis items and related supplies
within the Township by a cannabis delivery service located outside
the Township.
[Added 7-6-2021 by Ord. No. 20-2021]
[1]
Editor's Note: See N.J.S.A. 24:6I-33.
M.
Warehouses
or storage as a principal use.
[Added 5-1-2023 by Ord. No. 09-2023]
N.
Trucking
facilities or truck terminals.
[Added 5-1-2023 by Ord. No. 09-2023]
O.
Extraordinarily
hazardous substance facilities.
[Added 5-1-2023 by Ord. No. 09-2023]
P.
Any plantings
of bamboo after the date of the adoption of this chapter amendment
are prohibited. For bamboo plantings existing prior to the adoption
date of this chapter amendment, the property owner is responsible
for growth that may encroach over property lines, or harm or destroy
structures or other site improvements on neighboring properties, and
the removal of same, including the complete removal of all bamboo
stands, if deemed necessary by the Township, as well as the required
site restoration.
[Added 10-16-2023 by Ord. No. 25-2023]
All applicable requirements shall be met at
the first time of erection, enlargement, alteration, moving or change
in use of a structure and shall apply to the entire structure or structures,
whether or not the entire structure or structures were involved in
the erection, enlargement, alteration, moving or change in use. Moreover,
no building or structure shall be erected, moved, altered, added to
or enlarged unless in conformity with this chapter, and no building,
structure or land shall be used for any purpose or in any manner other
than as specified in this chapter.
