Before changing the use of any building, structure, lot or parcel of land, or portion thereof, or allowing such change.

Before constructing, erecting, altering or enlarging or permitting the construction, erection, alteration or enlargement of any building or structure on a lot.

Before occupying any building, structure, lot or tract of land where the use has been changed.

Base material: minimum four inches of soil aggregate, Type 5, Class A.

Surface material: FABC-1 two inches thick as per the New Jersey Department of Transportation Specifications.

No structure set forth in Subsection A above shall exceed 50 feet in height 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 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.

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.

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.

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.

The height limitation set forth in Subsection C above shall not apply to radio antennas licensed pursuant to an amateur radio license issued by the Federal Communications Commission (FCC) which shall be regulated solely by federal law.

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.

Any vehicle using equipment that emits noise, such as generators, refrigeration equipment or backup alarms.

Any vehicle which emits odors, such as tar kettles or spray equipment, except lawn care service company vehicles.

One school bus operated by the resident.

Farm vehicles on property used for agricultural use.

Motor homes as per § 190-20.

Vehicles undergoing emergency repairs, not exceeding 24 hours in duration.

Service vehicles making deliveries and pickups, such as furniture delivery vehicles, not exceeding 24 hours in duration.

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.

One boat and boat trailer provided they are parked on the side or rear yard.

Contains a minimum of one acre; and

Was created by the Andover Township Planning Board as the result of an approved subdivision.

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.

Scaled property lines of the property shown on the map of a scale one inch equals 200 feet.

The areas proposed to be worked during the coming year and all areas already worked and presently being worked, if applicable.

Haul roads.

Areas where lakes have been or will be created.

Areas that will be turned back to the growth of sedge and other natural plants.

Existing and proposed diking on the property, including the method of the same.

Such other information as reasonably required by the Planning Board to classify the operation and make a determination on the application.

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.

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.

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.

The ability to replenish soil nutrients as recommended by the New Jersey Agricultural Experiment Station.

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.

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.

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.

The use of irrigation pumps and equipment. A priority water use for agriculture, second only to human consumption and household needs, is herein recognized.

On-site handling and disposal of organic wastes and materials in accordance with acceptable management practices.

Aerial and ground seeding and spraying on farms in accordance with acceptable management practices.

Producing from the land agricultural products such as vegetables, greens, hay, fruit, fibers, wood, plants, shrubs, flowers and seeds.

Each lot qualifies as an existing platted lot under § 190-24, Existing platted lots;

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;

The lots together form an L-shaped lot fronting on two different streets, which streets are constructed and passable; or

The lots are back to back and front on different streets which are constructed and passable.

The right to construct is protected under the provisions of N.J.S.A. 40:55D-49 or 40:55D-52; or

A variance has been obtained from the appropriate Township board.

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.

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).

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.

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.

Residential dwelling units except:

Planned unit developments and multifamily dwellings.

Hospitals.

Schools.

Aboveground bulk tank storage of compressed flammable or compressed toxic gases and liquids.

Within the runway and subzones only, the aboveground bulk tank storage of flammable or toxic gases and liquids.

Uses that may attract massing birds, including landfills.

Above-grade major utility transmission lines and/or mains.

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.

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.

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.

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.

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.

This section shall not be effective until approved by COAH pursuant to N.J.A.C. 5:96-5.1.

Andover Township shall not spend development fees until COAH has approved a plan for spending such fees in conformance with N.J.A.C. 5:97-8.10 and N.J.A.C. 5:96-5.3.

Imposed fees.

Eligible exactions, ineligible exactions and exemptions for residential development.

Imposed fees.

Eligible exactions, ineligible exactions and exemptions for nonresidential development.

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.

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.

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.

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.

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.

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.

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).

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.

Appeal of development fees.

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.

The following additional funds shall be deposited in the Affordable Housing Trust Fund and shall at all times be identifiable by source and amount:

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).

All interest accrued in the Housing Trust Fund shall only be used on eligible affordable housing activities approved by COAH.

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.

Funds shall not be expended to reimburse Andover Township for past housing activities.

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.

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.

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.

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.

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.

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.

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.

All applications involving construction, grading or clearing of any lot shall be evaluated by the applicant to determine the presence of steep slopes as defined in the following categories:

Each category shall be separately identified on a plan showing existing and proposed topographic information.

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.

The plan shall contain, at a minimum, the following items:

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.

Limited disturbance of steep slope areas within a subject property is permitted only under the following conditions:

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.

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.

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.