Alloway Township City Zoning Code
ARTICLE XII
Administration and Enforcement
§ 75-62 Enforcement.
[Amended 7-12-2001 by Ord. No. 340]
The duty of enforcing and administering the provisions of this chapter is hereby conferred upon the Zoning Officer. He shall have such powers as conferred upon him by this chapter and those powers which may be reasonably implied. The Zoning Officer shall be appointed by the Township Committee and shall receive such compensation as the Township Committee shall from time to time determine. The Zoning Officer may, in addition to his appointment under this chapter, act as the Township Building Inspector. The Township Committee may also appoint a Deputy Zoning Officer for the term of one year beginning the first day of January who shall receive such compensation for his/her services as shall be fixed by ordinance of the Township Committee and who, during the absence, disability or unavailability of the Zoning Officer, shall have all the powers of the Zoning Officer and shall perform the functions and duties of such office. Said Deputy Zoning Officer may also assist the Zoning Officer in performance of his or her duties, but only when directed to do so by the mayor or Township Committee.
§ 75-63 Duties of Zoning Officer.
It shall be the duty of the Zoning Officer or his duly authorized assistant to cause any plans, buildings or premises to be examined or inspected to determine that they are not in violation of the provisions of this chapter. He shall have the right to enter any building or premises by appointment during normal daytime working hours in the course of his duties.
A.
When the Zoning Officer determines that any plans, building or premises are in violation of the provisions of this chapter, he shall issue an order in writing to the responsible party to remedy such conditions. Said written order shall specify the nature of the violation found to exist, the remedy ordered and the time permitted for such action.
B.
The Zoning Officer shall order discontinuance of illegal uses of land, buildings or structures; removal of illegal buildings or structures or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; and shall take any other action authorized by this chapter or the provisions of applicable New Jersey laws to ensure compliance with or to prevent violation of Zoning Ordinance requirements.
§ 75-64 Zoning permits required.
No building or other structure shall be erected, moved, added to or structurally altered and no lot shall be cleared, graded or otherwise prepared for an open land use without a proper use permit, conditional use permit or certificate of occupancy being issued therefor by the Zoning Officer. No zoning permit shall be issued unless the proposed use or structure is in conformity with the provisions of this chapter, except upon written order of the Board of Adjustment[1] and/or the Planning Board.
[1]
Editor’s Note: The Zoning Board of Adjustment was abolished and the functions of the Planning and Zoning Boards combined 5-20-2010 by Ord. No. 443 (Rev.), which ordinance also provided for the deletion of any other reference to the “Zoning Board of Adjustment” in the Township Code inconsistent with said ordinance. See also § 75-6J.
§ 75-65 Conditional uses.
Recognizing that certain uses, activities and structures are necessary to serve the needs and convenience of the Township and at the same time recognizing that such uses may be or may become harmful to the public health, safety and general welfare if located and operated without proper consideration being given to existing conditions and the nature of surrounding buildings and uses, such uses are hereby designated conditional uses. In addition to other powers conferred by this chapter, the Planning Board shall have the power to authorize the granting of a permit for conditional uses under the terms and conditions established by this chapter and in accordance with the following stipulations and guiding principles:
A.
The use for which application is being made is specifically authorized as a conditional use in the Schedule of District Regulations[1] or in Article X or XI of this chapter for the zone in which it will be located.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
B.
The design, arrangement and location of the particular use is such that the public health, safety and welfare will be protected and reasonable consideration afforded the character of the neighborhood and zone, the conservation of property values, the avoidance of congestion of vehicular traffic or the creation of any unnecessary hazard.
D.
In approving an application under this chapter, the Board may impose any modification or conditions it deems necessary to carry out the intent of this chapter or to protect the health, safety or general welfare of the public.
§ 75-66 Site plan review requirements.
In order to protect and preserve the road network of the Township, ensure the efficient and safe movement of traffic, promote the development of a well-ordered community, further the objectives of comprehensive planning and best serve and protect the public health, safety and general welfare, no public, professional, commercial, industrial or other nonresidential or nonagricultural use and no multiple-family dwelling use, except for a development consisting of two-family dwellings, shall be permitted, nor shall any zoning permit be issued or occupancy permit countersigned for such uses, until site plan approval has been received according to the procedures of Part 1, § 75-7, and the requirements below and in § 75-67.
A.
Preliminary site plan submission requirements. In addition to the information required for a zoning permit, materials to be submitted with each application for site plan review shall clearly show the conditions on and adjacent to the site at the time of the application, the features of the site which are being incorporated into the proposed use or building and the appearance and function of the proposed use or building. Site plans shall be signed and sealed by either a New Jersey licensed professional engineer or registered architect. They shall be drawn in black on white at a scale of not less than one inch equals 50 feet. As a minimum, the application shall provide the following information, including plans for both before and after conditions:
(1)
The location, design and dimensions of each use and building.
(2)
The building or use setback distances from all property lines.
(3)
Special relationships to any existing buildings or structures in the general vicinity.
(4)
The location, dimensions and arrangement of streets, vehicular accessways, off-street parking and loading and unloading areas.
(5)
The location and dimensions of sidewalks, recreation and landscaped areas.
(6)
The location, design and dimensions of open areas, buffer areas, screening arrangements and public easements.
(7)
The amount, location, sizes and species of landscape materials.
(8)
Lighting of buildings, signs and grounds.
(9)
Size, type and location of signs.
(10)
The location, size and direction of flow of all streams, brooks, ditches, lakes and ponds.
(11)
Contours at two-foot intervals for slopes averaging 5% or greater and one-foot contours for slopes less than 5%, unless determined by the Township Engineer to be unnecessary in whole or in part.
(12)
Plans and design data for storm drainage facilities.
(13)
The location, arrangement and description of water supplies and sewage disposal facilities.
(14)
At a minimum, the floor plan and front elevation of all proposed principal buildings and all contemplated accessory buildings and structures.
(15)
The Tax Map sheet, block and lot numbers.
(16)
The name and address of owner, developer, and person preparing the plan.
(17)
A key map showing the location of the site and its relation to surrounding areas.
(18)
A certificate from the Tax Collector that all taxes are paid to date.
(19)
Such other data and plans as the Planning Board may require to properly take action on the application.
(21)
For all developments that will be required to provide affordable housing units in accordance with the provisions of § 75-36.1, Growth Share and Affordable Housing, six copies of an analysis of the growth share obligation created by the proposed development and a detailed explanation of how the applicant proposes to meet said obligation as set forth in § 75-36.1, and a plan for the affirmative marketing, screening, and selection of occupants of the low- and moderate-income units shall be provided. This plan shall conform to the regulations of the New Jersey Council on Affordable Housing, the Alloway Township Fair Share Plan, and Affirmative Marketing Ordinance. Details shall be provided regarding the applicant's plan for providing the affordable units and in doing so the applicant's compliance with the provisions of said COAH regulations and other relevant Township ordinances.
[Added 3-15-2007 by Ord. No. 401]
A1.
Additional preliminary site plan submission requirement for land mining operations. In addition to the foregoing information required for site plan review, any land mining operation shall submit the following information:
[Added 2-8-1991 by Ord. No. 270]
(1)
An accurate map at a scale of not less than 50 feet to the inch, including:
(a)
The location of the production site, the excavation area, setbacks from existing property and street lines and proposed access roads.
(b)
Detailed topographic information (contours at two-foot intervals for slopes averaging 5% or greater and one-foot contours for slopes less than 5%), showing the existing surface contours and drainage patterns and the proposed surface contours and drainage patterns following the termination of the excavation and restoration of the site.
(2)
A grading plan shall be submitted to indicate the extent and manner of excavation. The plan shall indicate the ultimate depth and contours for the entire site as well as ultimate depth and contours of each cell (five-acre maximum).
(3)
Results of one soil profile pit shall be submitted per each five acres of excavation area. The profile plan shall be made from January 1 to April 1 to clearly indicate the depth to seasonal high water table.
(6)
A traffic impact study and analysis report prepared by a New Jersey licensed professional engineer specializing in traffic engineering.
(7)
Sufficient information on the plans and in the impact statement as determined by the Board and Township Engineer, to demonstrate conformance with the design standards and conditions of this section.
(8)
All freshwater wetlands and wetland transition areas on the site shall be delineated and verified by the New Jersey Department of Environmental Protection.
(9)
A plan prepared by a New Jersey licensed engineer showing location and details of proposed monitoring wells and a program for sampling and monitoring groundwater in the highest water table entering and leaving its site, by a New Jersey certified laboratory, to determine any adverse effect of the land mine on safe drinking water standards.
B.
Final site plan submission requirements. In addition to the information required for preliminary site plan submission, the final submission shall show compliance with all conditions of preliminary approval.
C.
In connection with all site plan reviews, the Planning Board shall also, on the advice of the Township Engineer, determine the amount of the performance guaranty that should be filed with the Township prior to the issuance of any zoning permit or certificate of occupancy to ensure the timely installation of all improvements as shown on the site plan or required by the Planning Board, such as but not limited to drainage, street improvement, recreational areas, landscaping, off-street parking and loading areas, lighting, sidewalks and sanitary sewer and water lines. The performance bond or other security shall be approved by the Planning Board as to substance and by the Township Solicitor as to form. The provisions of N.J.S.A. 40:55D-53 shall govern said bonds and the completion, inspection and approval of said improvements and the payment of inspection fees.
C1.
Performance guaranty for land mining operation.
[Added 2-8-1991 by Ord. No. 270]
(1)
Before any permit, license, conditional use, site plan approval or certificate of occupancy may be issued for any land mining operation, the owner and operator shall file with the Township Clerk a performance guaranty. This may be a performance bond issued by an insurance company authorized to do business in the State of New Jersey or may be any security, including cash, that is approved by the Township Committee. Such performance guaranty shall be in an amount not to exceed 120% of the amount sufficient, in the opinion of the Planning Board based on recommendations by the Township Engineer, to assure the installation and maintenance of the required improvements and to assure the rehabilitation and any required monitoring of the site of operations, after having considered the area and depth of the excavation or proposed excavation along with any facts relevant to the cost of improving, maintaining, rehabilitating and monitoring the site. Any performance guaranty shall be approved as to form by the Township Solicitor.
(2)
Any such performance guaranty shall be accompanied by an agreement recordable as a deed in the County Clerk's office, signed by the applicant and landowner, if a different person, approved as to form by the Township Solicitor, granting the municipality and its agents the right of access to inspect the premises at any time and to install and maintain required improvements and to perform all necessary rehabilitation and monitoring of the site of operations in the event of forfeiture of the performance guaranty.
(3)
In the event of default, forfeiture shall be taken by the Township Committee after finding of default by the Township Committee after a public hearing held by the Township Committee on not less than 10 days' written notice, mailed to the principal and surety at their last known post office addresses, which notice shall be complete upon mailing. Forfeiture shall also be taken by the Township Committee upon a determination by it that a land mining operation has been abandoned, after a public hearing as provided above, or when, on the basis of a formal complaint and after a public hearing as provided above, the Township Committee finds that a public nuisance or hazardous condition has been permitted to exist for a period of 30 days by the owner or operator of a land mining operation after due notice thereof to the owner or operator by the Township Engineer or Zoning Officer.
(4)
The performance guaranty may be released by the Township Committee upon a finding by the Township Committee of satisfactory installation and maintenance of required improvements and restoration and monitoring of the completed project area. Portions of the performance guaranty may be released by the Township Committee upon its finding that proportional required improvements have been completed or that proportional stages of restoration or monitoring have been accomplished in accordance with the above-listed operating standards and restoration standards and with the terms of the permit, license, conditional use, site plan approval or certificate of occupancy.
D.
Supervision.
(1)
All required improvements shall be installed under the supervision and inspection of a designated representative of the Township, the cost thereof to be borne by the developer under the fee provisions of Part 5 of this chapter.
(2)
All construction stakes and grades thereon shall be set by a professional engineer in the employ of the developer or his contractor, and a duplicate copy of the notes made therefrom shall be filed with the Township Engineer.
(3)
No construction work shall commence without the Township Engineer being properly notified. Such notice shall be given at least one week before said commencement of work.
§ 75-67 Site plan review standards.
In reviewing any site plan application, the Planning Board shall be guided by any pertinent Comprehensive Plan recommendations, policies and proposals, any specific standards relating to particular uses contained in Article X of this chapter and the following general site design standards:
A.
Environmental considerations.
(1)
Every effort shall be made to either preserve the landscape in its natural state or to improve existing site conditions in keeping with adjacent areas.
(2)
Wherever possible, excessive cut or fill should be avoided, floodplains respected and, where necessary, erosion control measures, including terracing, stilling ponds, surface-water retention basins, grassed slopes, grassed swales, etc., shall be incorporated in the design.
(3)
In the orientation and siting of buildings, the unique characteristics of the site shall be taken into account with consideration given to relating buildings and accessory uses to the topography of the site, creating desirable focal points, preserving a natural view, providing desirable space enclosures and respecting the established character of the surrounding neighborhood.
(4)
In reviewing a site plan, the reviewing authority shall take into consideration the effect of the development upon all aspects of the environment as outlined in the environmental impact statement requirements, as well as the sufficiency of the applicant's proposal in his environmental impact statement for dealing with any immediate or projected adverse environmental effects. The reviewing authority may require, as a condition of approval of the application, that steps be taken to minimize the adverse environmental impact during and after construction, and no final approval shall be issued until all such requirements shall have been complied with or compliance is guaranteed by a performance guaranty meeting the standards, requirements and procedures set forth in §§ 75-66C and 75-104.1 of this chapter.
[Added 8-8-1991 by Ord. No. 271]
B.
The site plans shall provide for the development of the project as a unified whole with design features that will tie principal, accessory and other site structures together and relate site features successfully and harmoniously to similar elements in surrounding buildings or structures. In criticizing these aspects of the site plan, the Board shall consider the building materials to be used, the use of color and texture, the massing of architectural elements, the nature and positioning of windows, doors and other building features, advertising structures and elements, building height, paving materials, landscape materials and pedestrian and vehicle accommodations and furnishings. In the case of auto parking areas, truck loading areas, utility buildings and structures and similar accessory areas and structures, special consideration shall be given to the use of screen planting or other screening methods where said features or structures are incongruous with the existing or contemplated character of adjacent areas.
C.
Standards and procedures for determining surface drainage requirements in connection with site plan review shall be those contained in the Site Plan Review Resolution of the County of Salem. Said standards and procedures are hereby adopted by reference as a part of this chapter.
D.
Additional site design standards for land mining operations. Any land mining operation shall also meet the following site design standards:
[Added 2-8-1991 by Ord. No. 270]
(1)
Any tract of land proposed for earth excavation or land mining shall be at least 25 acres in area unless it is contiguous to land already used by an active land mining operation, in which case, it shall be at least 10 acres in area and coordination of restoration plans shall be required.
(2)
All excavations, land disturbance activities or the stockpiling of material shall not be carried out or located closer than 200 feet to any property or street lines.
(3)
No excavation or soil removal shall be deeper than two feet above the seasonal high water table.
(4)
Haulage roads located within 200 feet of a public right-of-way or property used for residential purposes shall be paved with a dustproof surface.
(5)
Proof of legal right of access to land mining sites must be shown where no frontage on a public road or highway exists, and access easements or rights-of-way shall not pass through predominantly residential areas.
(6)
No more than five acres of land shall be excavated or disturbed and unrestored at any one time.
(7)
There shall be a two-hundred-foot wide buffer zone around the perimeter of the site kept free of all activities and uses other than an entrance lane. In this buffer area, trees and natural vegetation shall be left undisturbed. If there are no trees or natural vegetation to form a screen, there shall be plantings of six-foot high evergreen trees on spacing of 12 feet by 12 feet throughout those parts of the buffer. Trees in the buffer area shall be maintained by replanting them on a semiannual basis with six-foot-high evergreen trees and any areas where trees died or are destroyed by any cause so as to maintain at all times at least a staggered spacing of 12 feet by 12 feet of evergreens or mature trees in all parts of the buffer area.
(8)
Between the two-hundred-foot buffer and the mining operation there shall be seven-foot high chain link fence of commercial grade topped with triple strand angled barbed wire with a security gate of similar structure and height as the fence to permit access for the access road, and it shall be kept locked except during operating hours. Duplicate keys to this gate shall be provided to the local fire company and to the Township Zoning Officer.
(9)
A continuous twenty-five-foot wide service road shall be established and maintained between the excavation and the buffer zone and shall encircle the excavation. This service road shall be suitable for passage for emergency vehicles and have no more than a four-percent grade or cross-sectional slope.
(10)
Between the fence and the excavation there shall be an earthen berm surrounding the excavation, eight feet high with a slope of 5:1, if permanent, and a slope of three to one (3:1), if temporary, in order to provide additional screening of site, sound and dust. There shall be no operations performed between the buffer zone and the adjacent berm.
(11)
The entire mining operation and restoration of the site shall be completed within 10 years of the first final site plan approval.
(12)
Site plan approval shall be applied for and obtained pursuant to the Township ordinance.
(13)
There shall be no excavations in freshwater wetlands or freshwater wetland transition areas.
(14)
The owner of the premises shall give to the Township a recordable grant easement for access to the site by the Township of Alloway and its agents for the purpose of its inspections and for restoration in the event that the landowners neglect or fail to comply with or perform the conditions of the approval. Said document shall be approved as to form by the Township Solicitor and accepted by the Township Committee.
(15)
The inside edge of the buffer area, i.e., the boundary of the buffer zone on the side next to the excavation, shall be indicated by the chain link fence to be erected or by permanent markers set at intervals of 200 feet and at corners so that the inside buffer line can be easily determined in the field. These permanent markers shall be iron stakes at least four inches in diameter with fluorescent coating and extending six feet above grade.
(16)
There shall be no operation on Saturdays and Sundays or at any time other than in the daylight between the hours of 7:00 a.m. and 5:00 p.m.
(17)
No graded or backfilled area shall be permitted to collect stagnant water.
(18)
No ponding of water during or after cessation of operations shall be permitted.
(19)
There shall be no excavation within 500 feet of any nonindustrial or nonresidential building or within 500 feet of any residential structure not on the subject premises.
(20)
The back-up beepers on all equipment and trucks entering or used at the site shall not exceed the required minimum Occupational Safety and Health Administration and state safety regulations by more than 5%.
(21)
At least three down-gradient and one up-gradient monitoring wells shall be installed and a sampling and monitoring program by a New Jersey certified laboratory shall be carried out by the applicant for the life of the operation, plus five years, to determine any effect of the land mine on safe drinking water standards.
(22)
Restoration. All excavation areas shall be restored according to the following restoration standards:
(a)
Submission of a proposed plan for landscaping and rehabilitating the mined area and other areas used in the mining operation, including:
[1]
A comprehensive plan for reforestation of any pit or cavity created by the mining.
[2]
A description of areas to be topsoiled, seeded and planted and the amount and type of plantings.
[3]
A comprehensive plan for restoration of any pit or cavity created by the mining or, if the pit or cavity is to be left unfilled as an improvement to the land, a comprehensive plan to reshape the sides and prevent erosion.
[4]
Disposition of all roads, buildings and equipment utilized in connection with the mining activities.
(b)
Restoration shall be a continuous process, and each portion of the parcel shall be restored within six months after resource extraction is completed for that portion.
(c)
All restored areas shall be graded so as to conform to the natural contours of the parcel; the slope of surface of restored surfaces shall not exceed one-foot vertical to three feet horizontal.
(d)
Topsoil shall be restored to a minimum four-inch depth with topsoil meeting the current New Jersey Department of Transportation Standard Specifications for Bridge and Road Construction.
(e)
Drainage flows, including direction and volume, shall be restored to the maximum extent practical to those flows existing at the time the resource extraction operation was initiated, but in no case shall the finished final condition of the area permit stagnant water to collect.
(f)
All equipment, machinery and structures, except for structures that are useable for recreational purposes or any other use authorized for the area, shall be removed within six months after the resource extraction operation is terminated and restoration is completed.
(g)
Reclamation shall, to the maximum extent practical, result in the reestablishment of the vegetation association which existed prior to the extraction activity and shall include at least one of the following:
[1]
The planting of a minimum of 1,000 one-year-old natural native species to the area per acre.
[2]
Stabilization of exposed areas by established ground cover vegetation.
[3]
Cluster planting of characteristic native species to the area, including oak and such other trees as blackjack oak, bear oak, chestnut oak, black oak, maple, pine, pitch pine or such other trees as are natural to the area, not limited to those listed herein, and such shrubs, including but not limited to black huckleberry, sheep laurel and mountain laurel, at a spacing sufficient to ensure establishment of these species.
(h)
All slopes and other dry excavated areas shall be graded and covered with topsoil, fertilized, mulched and reseeded so as to establish a firm cover of grass or other vegetation sufficient to prevent erosion. In the case of formerly wooded areas, restoration shall be accomplished in accordance with a planting scheme arranged in conjunction with the State Forester.
(i)
The applicant shall demonstrate that the final restoration plan shall render the site reasonably usable for at least one use that is permitted in that zoning district.
§ 75-68 Applications for zoning permits.
A.
All applications for zoning permits shall be accompanied by plans in duplicate drawn to scale, showing the actual dimensions and shape of the lot to be built upon, the exact size and location on the lot of any buildings already existing and the location and dimensions of the proposed building or alteration. The application shall include such other information as reasonably may be required by the Zoning Officer, including such things as existing or proposed open land uses, existing or proposed accessory buildings or structures, the number of families, housekeeping units or rental units the building is designed to accommodate and such other matters as may be necessary to determine conformance with and provide of the enforcement of this chapter. One copy of the plan shall be returned to the applicant by the Zoning Officer after he has marked such copy either as approved or disapproved and has attested the same by his signature. The second copy of the plans similarly marked shall be retained by the Zoning Officer.
§ 75-69 Certificates of occupancy.
It shall be unlawful to use or occupy or to permit the use or occupancy of any building or premises, or both, or part thereof, hereinafter created, erected, changed, converted or wholly or partly enlarged in its use or structure until a certificate of occupancy shall have been countersigned by the Zoning Officer stating that the proposed use of the building or lands conform to the requirements of this chapter. Following the completion of construction, reconstruction or alteration of any buildings or any change in the use of a structure or land parcel, the applicant shall transmit by registered mail to the Zoning Officer a letter stating that such construction has been completed or that a new or changed use is being proposed. Within seven days of receipt of this letter, the Zoning Officer shall make all necessary inspections of the completed structure and/or proposed use to determine conformance with the terms of this chapter. A certificate of occupancy shall be countersigned only if the Zoning Officer finds that the requirements of this chapter or applicable supplementary actions of the Board of Adjustment,[1] Planning Board or governing body have been complied with.
[1]
Editor’s Note: The Zoning Board of Adjustment was abolished and the functions of the Planning and Zoning Boards combined 5-20-2010 by Ord. No. 443 (Rev.), which ordinance also provided for the deletion of any other reference to the “Zoning Board of Adjustment” in the Township Code inconsistent with said ordinance. See also § 75-6J.
§ 75-69.1 Time limits for decisions.
[Added 4-21-2016 by Ord. No. 485]
The Planning Board shall render its decision not later than 120 days after the date an appeal is taken from the decision of an administrative officer or of the submission of a complete application for development to the Board pursuant to N.J.S.A. 40:55D-70. Failure of the Board to render a decision within such one-hundred-twenty-day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.
§ 75-69.2 Expiration of variance.
[Added 4-21-2016 by Ord. No. 485]
Any variance from the terms of this chapter hereafter granted by the Planning Board permitting the erection or alteration of any structure or structures or permitting a specified use of any premises shall expire by limitation unless such construction or alteration shall have been actually commenced on each and every structure permitted by said variance or unless such permitted use has actually been commenced within one year from the date of entry of the judgment or determination of the Planning Board; except, however, that the running of the period of limitation herein provided shall be suspended from the date of filing an appeal from the decision of the Planning Board to the Township Committee or to a court of competent jurisdiction until the termination in any manner of such appeal or proceeding.
§ 75-70 Violations and penalties.
For each and every violation of any provision of this chapter, the owner, contractor or other persons interested as general agent, architect, building contractor, owner, tenant or any other persons who commit, take part or assist in any violation of this chapter or who maintain any building or premises in which any violation of this chapter shall exist and who shall have refused to abate said violation within five days after written notice shall have been served upon them either by mail or by personal service, or such further time as is provided in said notice, shall for each and every violation be imprisoned in the Salem County Jail for a period not exceeding 90 days or be fined not exceeding $500, or both, at the discretion of the court before whom a conviction may be had. Each and every day that such violation continues after such notice shall be considered a separate and specific violation of this chapter.