Byram Township City Zoning Code
ARTICLE IV
General Regulations
§ 240-8 Interpretation.
The control and regulation of the nature and extent of uses of structures as herein provided shall apply equally to the nature and extent of the uses of land.
§ 240-9 Conformance required.
No land may be used and no structure may be erected, raised, moved, extended, enlarged, altered, demolished or used for any purpose other than a purpose 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 or premises is located.
§ 240-10 Open space development.
[Amended 9-7-1993 by Ord. No. 5-1993]
A.
In only the R-1, R-1A and R-2 Residential Districts, an applicant for major subdivision may apply to the Planning Board for open space subdivision. For the purposes of this section, "open space subdivision" shall mean an arrangement of lots permitting flexible lot area and yard dimension, subject to the limitations herein, provided that the allowable number of lots shall not exceed the number which could be secured by a conventional subdivision plat, meeting all the requirements of the subdivision, site plan and zoning ordinances, and any other land development ordinances as applicable (see the definition of "qualifying plat" in § 240-7.). Upon application, the Board may waive specific items of information not deemed necessary to evaluate the concept. Of particular concern in a concept review is the disturbance of environmentally sensitive areas as discussed in § 215-7.
B.
In R-1 Districts, the minimum gross tract area for a cluster subdivision shall be 35 acres, and the net lot area shall not be less than 40,250 square feet. The Planning Board may modify yard requirements, with fifty-foot front and rear yards, twenty-foot side yards and one-hundred-seventy-five-foot lot width minimums.
C.
In R-IA Districts, the minimum gross tract area for a cluster subdivision shall be 25 acres, and the net lot area shall not be less than 40,250 square feet. The Planning Board may modify yard requirements, with fifty-foot front and rear yards, twenty-foot side yards and one-hundred-seventy-five-foot lot width minimums.
D.
In R-2 Districts, the minimum closed tract area for open space subdivisions shall be 10 acres, and the net lot area shall not be less than 40,000 square feet where central water and sewer are not available. Where central water is provided, this may be reduced to 30,000 square feet, or where central water and central sewer is available, this requirement may be reduced to 20,000 square feet as permitted by the Planning Board upon specific application.
E.
An application for a cluster subdivision shall be accompanied by a qualifying map showing proposed streets, if any, lot layout and areas proposed to be retained as open space. The map shall also show adequate topographic and natural features information. The qualifying map shall indicate whether open spaces are to be owned and maintained by an association of homeowners formed for the purpose or dedicated to the Township or other local agency of government for park, open space or other governmental purposes.
[Amended 7-18-1994 by Ord. No. 5-1994]
F.
The Planning Board shall submit an application for open space subdivision to the Environmental Commission for review and report pursuant to N.J.S.A. 40:55D-27.
(1)
No substantial adverse effect shall be exerted on adjoining property or upon the neighborhood.
(2)
The proposed cluster will promote environmental quality and/or preserve natural amenity.
(3)
The proposed cluster housing units can be adequately served by individual sewage disposal systems and wells without degradation of water quality or by an approved public sewer and water system.
(4)
The requirements of N.J.S.A. 40:55D-45 have been met where appropriate.
G.
The owner or developer may offer land within the subdivision for recreational, open space or other public purposes, and the Township Council may accept such land on behalf of the Township. The Council shall have full authority and discretion to approve or disapprove the areas offered as to their location, extent, character and the purposes to which they shall be put. Areas offered for dedication to the Township shall be deeded free and clear of mortgages and encumbrances.
H.
Proposed open spaces may be deeded to an association of homeowners formed for the purpose, and the form of association and nature of the ownership shall be filed in a form suitable for filing with the County Clerk and shall be subject to the approval of the Township Attorney. In connection with each cluster subdivision approved by the Planning Board, conditions for the establishment of the ownership organization and for maintenance of the property, as provided for in N.J.S.A. 40:55D-43.
§ 240-11 Zoning permits.
[Amended 9-7-1993 by Ord. No. 5-1993; 7-18-1994 by Ord. No. 5-1994; 1-25-1999 by Ord. No. 1-1999]
A.
No construction permit or other permits for the use of land or buildings shall be issued until a zoning permit has been secured from the Zoning Officer pursuant to § 240-71C.
B.
No land shall be occupied or used and no building erected or altered, in whole or in part, for any agricultural, residential, commercial or industrial purpose whatsoever until a zoning permit has been secured from the Zoning Officer pursuant to § 240-71C, stating that the use of the land or building complies with all the provisions of this chapter or any ordinance of the Township. Zoning permits shall be granted or denied within 15 business days, or as otherwise provided by law, after a complete zoning permit application has been submitted.
C.
Where a construction permit is not required, no change or extension of use and no alteration of use or change of tenants shall be made nor any driveway be constructed, until a zoning permit has been secured from the Zoning Officer pursuant to § 240-71C, indicating that such change, extension or alteration is in conformity with the provisions of this chapter.
D.
No zoning permit shall be issued for the construction of a single-family dwelling, two-family dwelling, an addition increasing the first floor footprint greater than 50% of the existing structure or a driveway unless an approved grading plan has been provided and the required fees and guarantees have been deposited with the Township.
E.
Any applicant for a zoning permit for a one- or two-family dwelling, an addition increasing the first floor footprint greater than 50% of the existing structure, or the installation of a driveway shall submit a grading plan to the Township Zoning Officer and shall apply the following principles of both soil erosion and stormwater control in preparing the grading plan:
(1)
Whenever feasible, natural vegetation shall be retained on site.
(2)
Stripping of vegetation, grading or other soil disturbances shall be done in a manner which will minimize soil erosion and stormwater runoff.
(3)
The extent of the disturbed area and the duration of its exposure shall be kept within practical limits.
(4)
Either temporary seeding, mulching or other suitable stabilization measures shall be used to protect exposed critical areas during construction and other land disturbances.
(5)
Drainage provisions shall accommodate increased on-site runoff from modified soil and surface conditions both during and after site development.
(6)
Stormwater runoff leaving the site shall be controlled according to sound engineering design standards and shall be retained on site wherever possible to facilitate groundwater recharge. In no event shall the rate of runoff from the site be increased from its predevelopment condition.
(7)
Sediment shall be retained on site.
(8)
Diversion, settlement basins and similar required structures shall be installed prior to any on-site grading or disturbance.
(9)
Every grading plan shall be drawn at a scale of not greater than one inch equals 50 feet and prepared by a New Jersey licensed professional engineer or licensed architect, including accurate lot lines certified by a New Jersey licensed professional land surveyor and submitted on one of the following five sheet sizes: 8 1/2 inches by 13 inches, 15 inches by 21 inches, 18 inches by 24 inches, 24 inches by 36 inches, or 30 inches by 42 inches.
(10)
Grading plan information. Each grading plan shall be prepared in sufficient detail to show the following information:
(a)
The location of the house in relation to the zone setbacks and property lines and any existing and proposed driveways, septic systems and utilities.
(b)
Existing and proposed grades at two-foot contour intervals.
(c)
Spot elevations at the house corners, driveway, first floor, garage and basement elevations, lot corners, center line of street, edge of pavement and any other locations as necessary.
(e)
Detail of driveway and street intersection.
(f)
The location of the one-hundred-year floodplain or certification that the property is not in a floodplain by the engineer or land surveyor and location of any wetlands and transition areas or a certification by the engineer or land surveyor indicating that the property is not in the wetlands.
(g)
Limits of clearing and disturbed areas. All wooded areas and any existing trees exceeding six inches in diameter at a point four feet above the existing grade line, which trees are located within the clearing limits and 10 feet beyond the outer limits of the disturbed area, must be shown.
(h)
Soil erosion and sediment control plans shall include but not be limited to wheel cleaning blankets, location of sediment filter fences, temporary and permanent seeding, general notes and any other requirements of the Zoning Officer.
(i)
The existing surface drainage pattern shall include but not be limited to swales, ditches, brooks, etc., and how it affects the subject property. Any proposed changes in the existing surface drainage pattern which will result from the construction of the dwelling proposed for the subject property must be shown.
(j)
The proposed location and termination of all roof drainage.
(k)
The location of any existing or proposed stormwater sewer system.
(l)
The location of any retaining walls with top and bottom elevations and a typical detail.
(m)
The location and grading of sewerage facilities, house drains to or an on-site sewage disposal system (a copy of the approved septic system shall accompany the grade plan).
(n)
Lot and block numbers as per the tax assessment map.
(11)
The applicant shall submit two copies of the grading plan and associated fees to the Zoning Officer. The Zoning Officer may obtain the services of any and all professionals in the review of the submitted plans.
F.
Certificate of occupancy. No certificate of occupancy shall be issued for a single-family dwelling, two-family dwelling, an addition increasing the first floor footprint greater than 50% of the existing structure, or the installation of a driveway unless the lot has been developed in accordance with the approved grading plan. An as-built drawing shall be submitted to the Zoning Officer for review. The Zoning Officer shall report to the Construction Official within 10 days of receipt of the as-built drawing that the work has been completed in accordance with the grading plan.
G.
Fees and costs.
[Amended 5-2-2005 by Ord. No. 5-2005; 2-4-2008 by Ord. No. 2-2008]
(1)
There shall be paid at the time of submittal of the grading plan a review fee as set forth in Chapter A287, Fees. Within 30 days of the return of the rejected grading plan, a fee as set forth in Chapter A287, Fees, shall be paid for each resubmission. If the resubmission is made after more than 30 days, a new fee will be required.
(2)
In addition to the review fee, the applicant shall submit a deposit as set forth in Chapter A287, Fees, to be put in escrow to defray the cost of inspections, legal or professional review, or engineering work. If the deposit does not cover said costs, then additional fees will be required. Failure to do so shall stay the issuance of a certificate of occupancy. Any remaining moneys shall be returned to the applicant.
H.
The Zoning Officer may wave any of the requirements within this section.
§ 240-11.1 Highlands Area Land Use Ordinance. [1]
[Added 6-6-2012 by Ord. No. 4-2012; as amended 12-17-2013 by Ord. No. 15-2013; 6-20-2017 by Ord. No. 10-2017]
All applications for the use and development of land are subject to the Highlands Area Land Use Ordinance, adopted as a supplement to the Byram Township Land Use Ordinance. The Highlands Area comprises the Preservation and Planning Areas, inclusive of Byram Highlands Center, for which the applicable provisions of the Township Master Plan, ordinances and other pertinent regulations have been deemed by the New Jersey Highlands Water Protection and Planning Council ("Highlands Council") to be in conformance with the Highlands Regional Master Plan. The provisions of the Highlands Area Land Use Ordinance apply in conjunction with and as a supplement to the Zoning Ordinance, development regulations, and all other rules, codes and regulatory provisions governing the use and development of land in the Township. In the event of conflicting provisions, the provisions of Highlands Area Land Use Ordinance shall supersede. Where provisions differ only by degree, the more restrictive of the applicable requirements shall supersede.
[1]
Editor's Note: This ordinance also added 240 Attachment 3, Checklists for Applications, included at the end of this chapter.
§ 240-11.2 Highlands Act exemptions.
[Added 12-17-2013 by Ord. No. 14-2013]
A.
This section is based on a model Highlands Area exemption ordinance prepared and provided to Highlands municipalities by the New Jersey Highlands Water Protection and Planning Council.
B.
Title, purpose, scope.
(1)
Title. This section shall be known and cited as the "Township of Byram Highlands Area Exemption Ordinance."
(2)
Purpose. The purpose of this section is to set forth the procedural and substantive requirements by which the municipality will issue Highlands Act exemption determinations. Such determinations pertain only to Highlands Act Exemptions 1, 2, 4, 5, 6, 7, and 8. Highlands Act exemption determinations indicate whether proposed activities, improvements or development projects affecting lands located within the Township Highlands Area are exempt from the Highlands Water Protection and Planning Act ("Highlands Act," N.J.S.A. 13:20-1 et seq.) and are therefore exempt from the Highlands Water Protection and Planning Council's ("Highlands Council") Regional Master Plan, the New Jersey Department of Environmental Protection's (NJDEP) Highlands Water Protection and Planning Act Rules ("Preservation Area Rules," N.J.A.C. 7:38-1 et seq.), and from any amendments to the Township's Master Plan, development regulations, or other regulations adopted pursuant to the approval of the Township's Petition for Plan Conformance by the Highlands Council.
(3)
Scope/applicability. The provisions of this section pertain to activities, improvements and development projects involving lands located within the Township Highlands Area. The Highlands Area comprises that portion of the municipality for which the Highlands Council has deemed the municipality to be in conformance with the Highlands Regional Master Plan (RMP). The provisions of this section shall not be construed to alleviate any person or entity from the provisions and requirements of any other applicable ordinances, rules, or regulations of the municipality or from any other applicable law, regulation, or requirement of any county, state, or federal authority having jurisdiction, nor shall the provisions of this section deprive any person or entity from seeking a Highlands exemption determination from the NJDEP or the Highlands Council.
(4)
Statutory authority. This section is adopted under the authority of the Highlands Act and the New Jersey Municipal Land Use Law ("MLUL," N.J.S.A. 40:55D-1 et seq.). In the Highlands Act, the Legislature identified numerous categories of activities that are exempt from the Act, the RMP, the Preservation Area Rules, and any amendments to a master plan, development regulations, or other regulations adopted by a local government to conform them with the RMP. See N.J.S.A. 13:20-28. The Legislature granted the Highlands Council the authority to administer the plan conformance process and to approve, reject, or approve with conditions municipal plan conformance petitions. See N.J.S.A. 13:20-14 and 13:20-15. The Legislature, through the MLUL, granted authority to New Jersey municipalities to govern land use and development within their borders and, through the Highlands Act, established requirements for Highlands municipalities to conform their land use and development regulations with the RMP. In a July 19, 2012, Memorandum of Understanding (MOU) between the Highlands Council and the NJDEP, the Council and the NJDEP recognized the circumstances in which it would be appropriate for conforming, Highlands Council-certified municipalities to make determinations regarding specified Highlands Act exemptions.
(5)
Severability. If any section, sentence, clause or phrase of this section is held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall in no way affect the validity of the section as a whole, or of any other portion thereof.
(6)
Effective date. This section shall take effect after final passage and publication in the manner required by law.
C.
Definitions.
(1)
Word usage. Terms used in the body of this section which are defined by the Highlands Act (N.J.S.A. 13:20-3) are intended to have the same definitions as provided in the Highlands Act. Unless expressly stated to the contrary or alternately defined herein, terms which are defined by the MLUL are intended to have the same meanings as set forth in the MLUL. For purposes of this section, the terms "shall" and "must" are indicative of a mandatory action or requirement, while the word "may" is permissive.
(2) AGRICULTURAL IMPERVIOUS COVER AGRICULTURAL OR HORTICULTURAL DEVELOPMENT AGRICULTURAL OR HORTICULTURAL USE APPLICANT BUILDING PERMIT CONSTRUCTION PERMIT DEVELOPMENT ENVIRONMENTAL LAND USE OR WATER PERMIT FARM MANAGEMENT UNIT FARMSITE FOREST MANAGEMENT PLAN IMMEDIATE FAMILY MEMBER MAJOR HIGHLANDS DEVELOPMENT MASTER PLAN MASTER PLAN, HIGHLANDS REGIONAL (RMP) SOLAR PANEL
Definitions. For purposes of this section, the following definitions shall apply. These definitions supplement those of § 240-11.1, which shall also apply, except to the extent modified as indicated hereunder.
Agricultural or horticultural buildings, structures or facilities, with or without flooring, residential buildings and paved areas, but not meaning temporary coverings. (N.J.S.A. 13:20-3)
Construction for the purposes of supporting common farmsite activities, including, but not limited to, the production, harvesting, storage, grading, packaging, processing, and the wholesale and retail marketing of crops, plants, animals, and other related commodities and the use and application of techniques and methods of soil preparation and management, fertilization, weed, disease, and pest control disposal of farm waste, irrigation, drainage and water management, and grazing. (N.J.S.A. 13:20-3)
The use of land for common farmsite activities, including, but not limited to, the production, harvesting, storage, grading, packaging, processing, and the wholesale and retail marketing of crops, plants, animals, and other related commodities and the use and application of techniques and methods of soil preparation and management, fertilization, weed, disease, and pest control, disposal of farm waste, irrigation, drainage and water management, and grazing (N.J.S.A. 13:20-3)
Any entity applying to the Board of Health, Planning Board, Zoning Board of Adjustment, Zoning Officer, Construction Official or other applicable authority of the municipality for permission or approval to engage in an activity that is regulated by the provisions of this section.
Used interchangeably with the term "construction permit"; see definition below.
A permit issued pursuant to the New Jersey Uniform Construction Code, Chapter 23 of Title 5 of the New Jersey Administrative Code (N.J.A.C. 5:23-1 et seq.), providing authorization to begin work subject to the conditions and requirements established under the provisions therein.
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any building or other structure, or of any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to the MLUL. (N.J.S.A. 13:20-3; N.J.S.A. 40:55D-4)
A permit, approval, or other authorization issued by the Department of Environmental Protection pursuant to the Freshwater Wetlands Protection Act, P.L. 1987, c. 156 (N.J.S.A. 13:9B-1 et seq.), the Water Supply Management Act, P.L. 1981, c. 262 (N.J.S.A. 58:1A-1 et seq.), the Water Pollution Control Act, P.L. 1977, c. 74 (N.J.S.A. 58:10A-1 et seq.), The Realty Improvement Sewerage and Facilities Act (1954), P.L. 1954, c. 199 (N.J.S.A. 58:11-23 et seq.), the Water Quality Planning Act, P.L. 1977, c. 75 (N.J.S.A. 58:11A-1 et seq.), the Safe Drinking Water Act, P.L. 1977, c. 224 (N.J.S.A. 58:12A-1 et seq.), or the Flood Hazard Area Control Act, P.L. 1962, c. 19 (N.J.S.A. 58:16A-50 et seq.). (N.J.S.A. 13:20-3)
A parcel or parcels of land, whether contiguous or noncontiguous, together with agricultural or horticultural buildings, structures and facilities, producing agricultural or horticultural products, and operated as a single enterprise. (N.J.S.A. 13:20-3)
A farm management unit as defined above.
A written guidance document describing the forest resources present on a property, the landowner's management goals and objectives, and the recommended practices or activities to be carried out over time on the land. This tool is used to evaluate a forest land's current state and provide a management process which, over time, meets the landowner's objectives, while maintaining health and vigor of the resource. Forest management plans are typically written for a ten-year period. (RMP, Glossary)
A spouse, child, parent, sibling, aunt, uncle, niece, nephew, first cousin, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepparent, stepchild, stepbrother, stepsister, half brother, or half sister, whether the individual is related by blood, marriage, or adoption. (N.J.S.A. 13:20-3)
Except as otherwise provided pursuant to Subsection A of Section 30 of the Highlands Act ("Exemptions"): (a) any nonresidential development in the Preservation Area; (b) any residential development in the Preservation Area that requires an environmental land use or water permit (from the NJDEP, see definition above) or that results in the ultimate disturbance of one acre or more of land or a cumulative increase in impervious surface by 1/4 acre or more; (c) any activity undertaken or engaged in in the Preservation Area that is not a development but results in the ultimate disturbance of 1/4 acre or more of forested area or that results in a cumulative increase in impervious surface by 1/4 acre or more on a lot; or (d) any capital or other project of a state entity or local government unit in the Preservation Area that requires an environmental land use or water permit (from the NJDEP, see definition above) or that results in the ultimate disturbance of one acre or more of land or a cumulative increase in impervious surface by 1/4 acre or more. Major Highlands development shall not include any agricultural or horticultural development or agricultural or horticultural use. Solar panels shall not be included in any calculation of impervious surface. (As defined by the Highlands Act, N.J.S.A. 13:20-1 et seq., as amended)
For purposes of this section, all references to the "Township Master Plan," "master plan," or "Master Plan" refer to the Municipal Master Plan, as defined in the MLUL (N.J.S.A. 40:55D-5), as adopted by the Township Planning Board.
For purposes of this section, all references to the "Highlands Regional Master Plan (RMP)" shall be by use of the words "Highlands Regional Master Plan," "Highlands RMP," "Regional Master Plan," or "RMP."
An elevated panel or plate, or a canopy or array thereof, that captures and converts solar radiation to produce power, and includes flat plate, focusing solar collectors, or photovoltaic solar cells, and excludes the base or foundation of the panel, plate, canopy, or array. (N.J.S.A. 13:20)
D.
Geographic area of applicability.
(1)
Highlands Planning Area and Preservation Area. The Highlands Act establishes the Preservation Area and Planning Area of the Highlands Region. It describes the varied attributes of each and sets forth the major land use planning goals that pertain to the lands located within each. The Act defines the geographic extent of the Highlands Region to include the aggregated land area making up its constituent municipalities (N.J.S.A. 13:20-7a). It provides a physical delineation of the Preservation Area by use of a specific metes-and-bounds description (N.J.S.A. 13:20-7b), designating all remaining lands within the Highlands Region as the Planning Area.
(a)
Highlands area. The Township Master Plan incorporates the Highlands Preservation Area and Planning Area, inclusive of the goals applicable to each, as an integral component of the planning and land use policies of the municipality. For purposes of this section, these areas are designated as the "Township Highlands Area."
(b)
Applicability. This section applies to lands designated as the "Township Highlands Area," encompassing the whole of the Township of Bynum
E.
Highlands Act exemption determinations.
(1)
Highlands Act exemptions.
(a)
Section 30 of the Highlands Act identifies as exempt specific activities, improvements and development projects affecting lands within the Highlands Region. Such activities, improvements and projects may be proposed as a component of any type of land use application submitted to the municipality for approval, including but not limited to zoning permit applications, building permit applications, and applications for development [as defined at Subsection C(2) of this section]. Any such qualifying activity, improvement or development project is exempt, with regard specifically to that activity, improvement or development project, from the requirements of the Highlands Act, the Highlands RMP, the NJDEP Preservation Area Rules, and any amendments to the Township's Master Plan, development regulations, or other regulations adopted pursuant to the approval of Township's Petition for Plan Conformance by the Highlands Council. Such an exemption specifically applies to any Highlands Area land use ordinance adopted by the Township pursuant to the Highlands Council's approval of Township's Petition for Plan Conformance.
(b)
Where any application submitted to the municipality for approval proposes to rely upon a Highlands Act exemption, the applicant must, as a condition of application completeness, and prior to review or approval of the application by the applicable municipal authority, provide sufficient evidence that the proposed activity, improvement, or development project in fact qualifies as a Highlands Act exemption. Such evidence shall consist of either a state agency exemption determination or a municipal exemption determination [see Subsection E(1)(b)[1] or [2] below] indicating that the proposed activity, improvement, or development project qualifies for a Highlands Act exemption.
[1]
State agency exemption determination. State agency exemption determinations shall consist of either a Highlands applicability determination issued by the NJDEP for a Preservation Area proposal or a Highlands exemption determination issued by the Highlands Council for a Planning Area proposal. State agency determinations may be requested with regard to any Highlands Act exemption; however, for applications involving any exemption not identified at Subsection E(2) below, a state agency exemption determination is required. Any applicant seeking a formal exemption determination for a capital or other project of any state entity or local government unit, or for any other publicly owned or controlled land or facility, also must request a state agency exemption determination.
[2]
Municipal exemption determination. For an application involving any of the specific exemptions listed in Subsection E(2) below, the applicant may request a municipal exemption determination. The applicant may rely upon the findings of a municipal exemption determination to the same extent as would apply to an exemption determination issued by the Highlands Council or the NJDEP.
(2)
Highlands Act exemptions eligible for municipal determination. Effective as of the date on which the municipality receives written authorization from the Highlands Council to proceed, an applicant may seek a municipal exemption determination for the Highlands Act exemptions listed hereunder.
(a)
Exemption 1. The construction of a single-family dwelling, for an individual's own use or the use of an immediate family member, on a lot owned by the individual on the date of enactment of the Highlands Act (August 10, 2004) or on a lot for which the individual entered into a binding contract of sale to purchase on or before May 17, 2004.
(b)
Exemption 2. The construction of a single-family dwelling on a lot in existence on the date of enactment of the Highlands Act (August 10, 2004), provided that the construction does not result in the ultimate disturbance of one acre or more of land or a cumulative increase in impervious surface by 1/4 acre or more.
[1]
A municipal exemption determination indicating that an applicant qualifies under Highlands Act Exemption 2 shall require approval and filing of a deed notice along with a site plan delineating the total exempt area and the extent of the disturbance recognized in the municipal exemption determination [see Subsection E(4) below]. Municipal exemption determinations in such instances shall not take effect until the applicant has provided proof of filing of the approved deed notice.
(c)
Exemption 4. The reconstruction of any building or structure for any reason within 125% of the footprint of the lawfully existing impervious surfaces on the site, provided that the reconstruction does not increase the lawfully existing impervious surface by 1/4 acre or more. This exemption shall not apply to the reconstruction of any agricultural or horticultural building or structure for a nonagricultural or nonhorticultural use
[1]
For purposes of this section, this exemption shall not be construed to permit multiple 125% footprint expansions, but rather to permit one or more reconstruction activities cumulatively resulting in a maximum 125% increase in the footprint of the impervious surfaces lawfully existing on the site, provided they do not cumulatively exceed the one-quarter acre limitation. Any determination of whether the expansion of impervious cover meets the statutory criteria for the exemption must account for the preexisting impervious cover, and such expansion must be contiguous to the location of the existing impervious cover. See In re: August 16, 2007, Determination of NJDEP ex rel. Christ Church, 414 N.J. Super., 592 (App. Div. 2010), certif. denied 205 N.J. 16 (2010).
[2]
For Preservation Area determinations, the applicable date of lawful existence shall be August 10, 2004, the date of enactment of the Highlands Act. For Planning Area determinations, the date of lawful existence shall coincide with the effective date of the municipally adopted Highlands Area Checklist Ordinance or Highlands Area Land Use Ordinance, whichever is earlier.
(d)
Exemption 5. Any improvement to a single-family dwelling in existence on the date of enactment of the Highlands Act (August 10, 2004), including but not limited to an addition, garage, shed, driveway, porch, deck, patio, swimming pool or septic system.
(e)
Exemption 6. Any improvement, for nonresidential purposes, to a place of worship owned by a nonprofit entity, society or association, or association organized primarily for religious purposes, or a public or private school, or a hospital, in existence on the date of enactment of the Highlands Act (August 10, 2004), including but not limited to new structures, an addition to an existing building or structure, a site improvement, or a sanitary facility.
(f)
Exemption 7. An activity conducted in accordance with an approved woodland management plan pursuant to Section 3 of the Farmland Assessment Act, P.L. N.J.S.A. 1964, c. 48 (N.J.S.A. 54:4-23.3) or a forest stewardship plan approved pursuant to Section 3 of P.L. 2009, c. 256 (N.J.S.A.13:1L-31), or the normal harvesting of forest products in accordance with a forest management plan or forest stewardship plan approved by the State Forester.
(g)
Exemption 8. The construction or extension of trails with nonimpervious surfaces on publicly owned lands or on privately owned lands where a conservation or recreational use easement has been established.
(3)
Exemption designee(s). Municipal exemption determinations regarding Highlands Act exemptions shall be issued by the following Byram Township staff: Zoning Officer, Planning Director, Township Planner, Planning Board Engineer or Township Engineer. The exemption designee(s) shall be authorized to issue municipal exemption determinations on behalf of the municipality, and shall only begin to do so, after satisfactory completion of a Highlands Council training class for which the individuals have received formal certification from the Highlands Council.
(a)
Updates to training certification. In the event of programmatic changes, updated information, or modifications to procedures, updated training certification may be required of exemption designees in order to maintain qualifications for providing municipal exemption determinations. The Highlands Council will provide training modules on an as-needed basis to provide base training to new employees and/or to further the expertise of already-certified individuals. Exemption designees and the municipalities they serve will be advised of any need for upgraded training, which will be provided and funded by the Highlands Council.
(b)
Interim determinations. For the duration of any period during which the municipality is without a qualified exemption designee(s) due to changes in personnel or other extenuating circumstances, applicants seeking Highlands Act exemption determinations shall be referred to the NJDEP or the Highlands Council for a state agency determination pursuant to Subsection E(1)(b)[1] above.
(4)
Application procedures.
(a)
Municipal exemption applications. Requests for municipal exemption determination shall be submitted on forms provided by the Planning Department and shall be accompanied by sufficient information and documentary evidence to demonstrate whether the proposed activity, improvement or development project qualifies for the applicable exemption. Required submission materials applicable to each exemption appear at Subsection E(8) below.
(b)
Completeness determination. The exemption designee shall review the application and all accompanying materials to determine whether sufficient information has been submitted to make a determination on the application. In the event of a finding that the application is incomplete, the exemption designee shall, within 20 calendar days of receipt, issue such findings in writing to the applicant, indicating what information is required to properly consider the application.
(c)
Time for determination. The exemption designee shall issue municipal exemption determinations within 45 calendar days of receipt of a complete application. The exemption designee may consult with the Executive Director (or applicable designee) of the Highlands Council as needed in making any exemption determination, however. In such circumstance, the exemption designee shall seek such assistance within the forty-five-day period and shall issue the determination within at least 10 calendar days of receiving the requested guidance. In no case shall failure to meet this date constitute approval of the exemption.
(d)
Determinations. All municipal exemption determinations shall be provided in writing, shall certify to the applicability or inapplicability of the exemption, and shall include a statement of the rationale for the decision. Any municipal exemption determination certifying to the applicability of Highlands Act Exemption No. 2 shall be contingent upon submission of proof of filing of the required deed notice, as set forth at Subsection E(4)(f) below.
(e)
Notice of determination required. The exemption designee shall provide copies of all municipal exemption determinations, including a copy of the full application, to the Highlands Council, and for decisions regarding lands in the Highlands Preservation Area, to the NJDEP, in either case within 10 business days of issuance.
(f)
Deed notice for Exemption No. 2. Any municipal exemption determination that certifies to the applicability of Highlands Act Exemption No. 2 [Subsection E(2)] above] shall be issued conditionally, pending fulfillment of the requirement that a deed notice be recorded in the office of the County Clerk or Register, as applicable, indicating the extent of the exemption that has been consumed. The deed notice shall incorporate each of the components listed below, and the applicant shall provide a copy of the filed deed notice to the Highlands Council within five business days of filing.
[1]
Clear identification of the name(s) and address(es) of the owners in fee of the property;
[2]
Designated tax block and lot number(s), street address(es), municipality and county of location of the property;
[3]
Reference to the municipal exemption determination (by date, numbering if applicable) issued and under which the deed notice is being filed;
[4]
Description of the approved area of ultimate disturbance and the impervious surface area, with verification that these remain below the statutory limits;
[5]
For properties of one acre or more in area, metes-and-bounds delineation indicating the portion of the property for which the ultimate disturbance has been authorized;
[6]
Agreement to abide by the ultimate disturbance and impervious surface limits imposed, any furtherance thereof rendering the municipal exemption determination null and void; and
[7]
Notice that the owner(s) and subsequent owner(s) and lessees shall cause all leases, grants, and other written transfers of interest in the property to contain provisions expressly requiring all holders thereof to take the property subject to the limitations therein set forth.
(5)
Appeal of municipal exemption determination. A municipal exemption determination may be appealed by any affected person/entity by filing a notice of appeal within 20 calendar days of issuance or receipt of said determination, whichever is later, specifying the grounds therefor. Appeals must be filed with the NJDEP in the case of any Preservation Area exemption and with the Highlands Council in the case of any Planning Area exemption. All appeals shall be copied to the exemption designee, who shall immediately transmit to the NJDEP or the Highlands Council, as applicable, copies of the notice of appeal, the municipal exemption determination application, and all supplemental materials constituting the record that the exemption designee relied upon in issuing the municipal exemption determination. Where the municipal exemption determination deems an activity, improvement or development project exempt, the filing of an appeal to the NJDEP or the Highlands Council shall stay all proceedings in furtherance of its approval by the municipality.
(6)
Effect of certified exemption. Issuance of a municipal exemption determination that certifies to the applicability of a Highlands Act exemption shall recognize the applicant's exemption from the provisions of the RMP, NJDEP Preservation Area Rules, and any municipal ordinances and requirements adopted under the authority of the Highlands Act to achieve Highlands Plan conformance. The exemption is restricted solely to the extent of the specified activity, improvement, or development project as described in the language of the Highlands Act exemption, or to any lesser activity, improvement, or development project as proposed and certified through a municipal exemption determination application. Any activity, improvement, or development project, or any part thereof, that is not specifically listed as an exemption, or exceeds the limits of an exemption, remains subject to all of the above regulatory programs to the full extent of the respective applicability of each. Issuance of a Highlands exemption determination shall not relieve the applicant from securing all other required federal, state, or local approvals.
(7)
Application and professional review fees.
(a)
A fee of $50 per each exemption determination where no zoning permit is required.
(b)
A fee of $100 for a combined exemption determination and zoning permit.
(c)
An initial deposit of $750 for a professional review, to be established in an escrow account, the administration of which shall comply in all respects with the MLUL, as provided under Section 45 of the Township Code applicable to development applications. The professional review fee may be reduced or waived entirely at the discretion of the exemption designee in the event the Township's professional consultant(s) is (are) not required to conduct a review of the exemption request.
(8)
Submission requirements. All applications shall be accompanied by the municipal exemption determination application form, the applicable fees, and the information listed below, as applicable to the particular exemption or exemptions being sought by the applicant. All references to professional preparers indicated herein shall be construed to include any and all qualified individuals licensed, certified, or otherwise eligible and authorized to complete such work, in accordance with the applicable laws and legal requirements of the State of New Jersey, including but not limited to the MLUL (N.J.S.A. 40:55D-1 et seq.) and Title 13 of the New Jersey Administrative Code, Law and Public Safety. Where the exemption designee finds that any submission item is not necessary to address the evidentiary requirements that must be satisfied for issuance of an exemption determination, either because alternate items have been provided by the applicant or the relevant information is readily available through records, maps, or any other documents on file in the offices of the municipality, the exemption designee may waive the applicant's obligation to submit such information..
(a)
Exemption 1.
[1]
A copy of a deed, closing or settlement statement, title policy, tax record, mortgage statement or any other official document showing that the lot was legally owned by the applicant on or before August 10, 2004, and indicating the lot and block as designated by the municipal tax mapping, the municipality and county in which the lot is located, and the street address;
[2]
If the applicant did not own the lot, a copy of the binding contract of sale executed by the seller and the applicant on or before May 17, 2004, for the lot on which the house is to be constructed; and
[3]
A certification by the applicant stating that the single-family dwelling proposed for construction on the lot specified and described therein by tax lot and block, municipality and county of location, and street address, is intended for the applicant's own use or the use of an immediate family member as identified therein by name and relationship to the applicant.
(b)
Exemption 2.
[1]
A copy of the recorded deed or plat showing that the lot was created on or before August 10, 2004, or proof of subdivision approval on or before August 10, 2004;
[2]
A property survey certified by a licensed New Jersey professional land surveyor indicating the property boundary lines and overall lot size and showing what structures currently exist on the lot, if any;
[3]
A parcel plan certified by a licensed New Jersey professional engineer showing all existing and proposed development, including all structures, grading, clearing, impervious surface and disturbance, and including the calculations supporting the claim that impervious surfaces and areas of disturbance are within the limits necessary for Exemption 2; and
(c)
Exemption 4.
[1]
A parcel plan certified by a licensed New Jersey professional engineer depicting:
[a]
All existing property improvements, including all structures, grading, clearing, impervious surfaces and limits of disturbance, lawfully existing on the site as of August 10, 2004, for Preservation Area projects and as of the effective date of the municipal Highlands Area Checklist Ordinance or Highlands Area Land Use Ordinance, whichever is earlier; and
[b]
All proposed development, including all structures, impervious surfaces, clearing limits, and limits of disturbance, including grading; and
[2]
A copy of any official documentation of the original date of construction of the building or otherwise establishing the lawfulness of existing impervious surfaces.
(d)
Exemption 5.
[1]
A copy of any official documentation proving the single-family dwelling was in existence on August 10, 2004;
[2]
A description of the proposed improvement; and
[3]
A certification from the applicant that the property and all improvements will continue to be used for single-family dwelling purposes.
(e)
Exemption 6.
[1]
A copy of any official documentation indicating that the place of worship, public or private school or hospital was in existence on August 10, 2004;
[2]
For improvements to a place of worship, documentation showing that the entity, society or association, or association organized primarily for religious purposes has nonprofit status;
[3]
A site plan certified by a licensed New Jersey professional engineer depicting:
[a]
All existing property improvements, including all structures, grading, clearing, impervious surfaces and limits of disturbance, existing on the site on August 10, 2004; and
[b]
All proposed development, including all structures, impervious surfaces, clearing limits, and limits of disturbance, including grading.
(f)
Exemption 7.
[1]
For a private landowner with an approved woodland management plan or forest stewardship plan:
[a]
A copy of the applicant's tax bill showing that the site has farmland-assessment tax status under the New Jersey Farmland Assessment Act, N.J.S.A. 54:4-23.1 et seq., if applicable;
[b]
A brief description of the total area of woodlands that is the subject of the approved woodland management plan or forest stewardship plan;
[c]
A brief description of the length of time that the area to be managed has been in use for woodland management or forest stewardship plan; and
[d]
A copy of the approved woodland management plan or forest stewardship plan.
[2]
For the normal harvesting of forest products in accordance with a forest management plan or forest stewardship plan approved by the State Forester:
[a]
A brief description of the total area where the normal harvesting of forest products occurs;
[b]
A brief description of the length of time that the area to be managed has been in use for normal harvesting of forest products; and
[c]
A copy of a forest management plan or forest stewardship plan approved by the State Forester.
(g)
Exemption 8.
[1]
A site plan certified by a licensed New Jersey professional engineer showing the proposed trail construction, with details including the location and width of existing and proposed trails and those off-site trails to which they connect, if any;
[2]
A written description of the nonimpervious materials to be used; and
[3]
For privately owned property, a copy of a deed for the property and the conservation or recreational use easement on the property.
§ 240-12 Enforcement.
[Amended 9-7-1993 by Ord. No. 5-1993]
This chapter shall be enforced by the Zoning Officer, whose duty it shall be to investigate any violations of this chapter coming to his attention, whether by complaint or arising from his own personal knowledge; and if a violation is found to exist, he shall serve notice upon the owner, file a copy with the Township Clerk and prosecute to judgment in the Municipal Court or, upon the express authority of the Township Council and with the advice and assistance of the Township Attorney, in the Superior Court, a complaint to terminate the violation.[1]
§ 240-13 Public utilities and public or institutional uses.
[Amended 9-7-1993 by Ord. No. 5-1993]
Public utilities and public or institutional uses, such as schools teaching academic subjects, hospitals, churches and federal, state, county or municipal buildings used for public purposes, may be located in any of the residential zones if permitted by the Planning Board as conditional uses, pursuant to N.J.S.A. 40:55D-67. However, before a building permit or certificate of occupancy is issued, application for site plan approval or waiver thereof shall be made to the Planning Board which, after a hearing, may authorize the issuance of such permit or certificate if, in the Board's judgment, the structure or use will not be detrimental to the health, safety and general welfare of the community and is reasonably necessary for the convenience of the community.
§ 240-14 Yards.
[Amended 9-7-1993 by Ord. No. 5-1993; 9-17-2007 by Ord. No. 19-2007]
Every lot must provide front, rear and side yards as required by its zone district, and all front yards must face upon a dedicated public street. Where a lot is bounded by more than one street, the yard depth or setback from each street shall meet the front yard setback requirements of the zone district in which it falls. On streets less than 40 feet in width, the required front yard shall be increased by 1/2 of the difference between the width of the street and 40 feet, unless a greater width is shown on the Master Plan or Official Map, in which case these requirements shall be complied with.
§ 240-15 Principal structures.
A.
Only one principal building or use may be erected on a lot, except for the following:
(1)
Public or institutional building complexes.
(2)
Shopping center development.
(3)
Industrial or manufacturing building complexes.
(4)
As a conditional use, in nonresidential complexes, where for practical reasons subdivision of the site into two or more separate lots would run counter to good planning practice, more than one principal building as an extension of an existing use may be permitted.
[Added 12-17-1984; amended 9-7-1993 by Ord. No. 5-1993]
(a)
Where two principal buildings are proposed for one property, that property shall be no less than twice the required minimum area for the zone. Where three such buildings are proposed, the lot shall be no less than three times the minimum area permitted for the zone. This proviso shall follow for each successive building.
(b)
No approval shall be granted unless the property meets current site plan and zoning standards. This shall not relate to setbacks of existing buildings or other structures, or to uses which are lawful, preexisting, nonconformity setbacks or uses.
(c)
Such additional structures may not be converted into a business not a part of the principal business conducted on the site.
(d)
Minimum distance between buildings shall be not less than twice the average height of such buildings or the combined minimum side yard requirements for the zone, whichever is greater.
(e)
Signage shall only be permitted attached to the building or buildings to be constructed. Only one freestanding sign per lot shall be permitted.
B.
Unless otherwise regulated in this chapter, a principal building shall be at least 50 feet from another principal building situated on the same lot, and no principal building shall be located closer to the front, rear or side lot line than the minimum distance required by its zone district.
§ 240-16 Accessory buildings and structures.
[Amended 7-7-1982; 9-7-1993 by Ord. No. 5-1993; 9-16-1996 by Ord. No. 5-1996; 5-7-2007 by Ord. No. 5-2007; 6-6-2016 by Ord. No. 20-2016]
A.
General requirements.
(1)
No accessory building or structure shall be constructed on any lot on which there is not a principal building.
(2)
Any accessory structure attached to the principal building shall be considered part of the principal building.
(3)
No accessory building or structure shall be used for human habitation.
(4)
No accessory building or structure, except those used in connection with agricultural activities, shall exceed 15 feet in height or be more than one story in height. In no circumstance shall the accessory building or structure be greater in height than the principal building.
[Amended 6-20-2017 by Ord. No. 10-2017]
(5)
The total footprint of all accessory buildings or structures on a lot, with the exception of swimming pools and those used in connection with agricultural activities, shall not exceed more than 50% of the footprint of the principal structure on the lot.
(6)
No portable storage unit (shipping container, trailer, "POD," etc.) shall be parked in or on any grassy area that constitutes the front yard. Parking of the above-mentioned classes of storage units shall not interfere with any required parking stall and shall be confined to a driveway, or other approved parking area, for no longer than 90 days, which may be extended by the Zoning Officer for a period up to six months.
(7)
Setback of any accessory building or structure from existing lakes, ponds, streams or wetlands shall be as specified for each zone. Where no setback is specified, it shall be a minimum of 75 feet, measured from the one-hundred-year flood line.
[Added 6-20-2017 by Ord. No. 10-2017]
B.
The following requirements shall be complied with in all residential zones:
(1)
No accessory building or structure shall be located closer than 10 feet to any principal building (except basic accessories serving a principal structure) and six feet to any accessory building or structure. Note: Walls are addressed under § 240-24, Fences.
(2)
No accessory building or structure shall be located in the front yard. On corner lots, accessory buildings or structures shall not be located closer to a street than the minimum front yard requirements for the district and shall be screened by landscaping.
(3)
No accessory building or structure in a residential district shall have an area greater than 400 square feet, with the exception of swimming pools, and those used in connection with agricultural activities.
[Amended 6-20-2017 by Ord. No. 10-2017]
(4)
An accessory building or structure less than 200 square feet in footprint shall not be closer than 10 feet to a side lot line or three feet to a rear lot line and shall only be permitted to the rear and side of the principal building.
(5)
An accessory building or structure greater than 200 square feet in footprint shall meet the setbacks of the principal building and shall only be permitted to the side or rear of the principal building.
(6)
Swimming pools.
(a)
Only one pool shall be permitted per single-family residence. No private residential pool shall be installed on any lot without a residence.
(b)
The water edge of the pool shall be a minimum of 15 feet from the side and rear lot lines. Walkways and patios associated with any pool shall be a minimum of 10 feet from the side and rear lot lines.
(c)
The water surface of any swimming pool shall not be included in the calculation of lot disturbance. Walkways and patios associated with any pool shall be included in the calculation of lot disturbance.
(d)
Safety fencing height shall be four feet.
(e)
On any corner lot or through lot, no part of any private swimming pool shall be constructed within the front yard area required to be provided on any street.
(f)
Artificial lights used or maintained in connection with a private swimming pool shall be so located and shielded that the illumination therefrom is not directed upon any adjacent property.
C.
The following requirements shall be complied with in all nonresidential zones:
(1)
No accessory building or structure shall be permitted in any front yard.
(2)
Accessory buildings or structures built within the side yard must meet all side yard setbacks.
(3)
Accessory buildings shall not be closer to a rear lot line than the height of the accessory building.
(4)
No accessory building in a nonresidential district shall have an area greater than 500 square feet.
§ 240-17 Existing platted lots.
[Amended 5-4-1995 by Ord. No. 4-1995]
Any lot of record as of November 2, 1966, which fails to comply with the minimum lot area and frontage requirements of this chapter, may be used for any use not prohibited in the district in which it lies, provided that said lot was in single ownership at the time of the passage of this chapter and is still in single ownership as defined in this chapter, and provided that all other requirements of this chapter are complied with, and further provided that any existing platted lot shall have an area of not less than 90% of its zone district requirements, and further provided that all yard and road frontage requirements are complied with. Any existing platted lot containing a lot area less than 90% of its zone district requirement may only be used upon prior approval of the Planning Board.
§ 240-18 Garages.
[Amended 9-7-1993 by Ord. No. 5-1993; 7-18-1994 by Ord. No. 5-1994]
Garaging for not more than three cars may be erected on a single lot. Not more than one truck with a maximum capacity of five tons' manufacturer's rating, owned or used by a resident on the premises, is permitted if regularly kept in an enclosed garage in accordance with the above requirements. This shall not be construed to prohibit commercial or farm vehicles used upon a farm that are accessory to the farm operation. This provision shall not be construed to permit the parking of tractor-trailers or segments thereof on any lot without specific approval in accordance with the provisions of Chapter 215 of this Code.[1]
§ 240-19 Dangerous conditions; incongruous building design.
[Amended 11-19-1990 by Ord. No. 14-1990; 5-4-1995 by Ord. No. 4-1995]
No permit shall be granted for a building or use if the design or construction of the same involves or is likely to involve exceptional risks of traffic congestion, public safety or hazard. If the design or construction of any building or use is so markedly incongruous with the character of the neighborhood as to materially affect the value of adjacent or nearby property, the Construction Official shall deny the permit and refer the applicant to the Planning Board, which shall act thereon.
§ 240-20 Mixed occupancy.
[Amended 11-19-1990 by Ord. No. 14-1990]
Before issuing a building permit for the construction of any premises intended for a combination of dwelling and commercial occupancy, or which would result in an increased number of dwelling units within a building partly occupied by business usage, or which would result in an increased area devoted to business or industrial usage within a building partly occupied as a dwelling, the Construction Official shall refer the plans to the Township Fire Chief and Health Officer and request their respective reports to any hazards that exist or may be expected to exist and their recommendations as to desirable additional provisions or changes in the interest of safety shall be complied with before the building permits shall be issued. Where mixed occupancy includes residential units, the side and rear yard and area requirements of residence zone districts shall be met.
§ 240-21 Visibility at intersections.
[Amended 9-7-1993 by Ord. No. 5-1993]
On any lot in any zone, no fence, structure, planting or other object over 30 inches in height above the curb or edge of the roadway shall be erected or maintained closer than 10 feet to a paved way so as to interfere with traffic visibility.
§ 240-21.1 Home occupations.
[Added 9-7-1993 by Ord. No. 5-1993]
A.
Where permitted, home occupations shall comply with the following restrictions:
(1)
No more than two nonresident employees shall occupy the premises at any given time.
(2)
All parking required to support the home occupation must be available on site.
(3)
There shall be no outside storage of materials.
(4)
No more than 1/2 the floor area of one story of the dwelling shall be devoted to such use.
(5)
Permitted home occupations include cottage food operations, the office or studio of a doctor, physician, surgeon, dentist, teacher, artist, lawyer, accountant, photographer, architect, engineer, planner or like professional person residing on the premises or such other business which, in the opinion of the Planning Board, meets the performance standards for home occupation.
[Amended 5-3-2022 by Ord. No. 006-2022]
B.
Performance standards. No home occupation shall be conducted in a manner to detract from the residential character of the neighborhood. Specifically, there shall be no:
§ 240-22 Corner lots.
Where a lot is bounded by more than one street, the yard depth or setback from each street shall meet the front yard setback requirements of the zone district in which it falls.
§ 240-23 Temporary permits and certificates of occupancy.
A.
Prior to the establishment of nonconforming uses incidental to construction projects on the same premises, such as storage of building supplies and machinery, the assembly of building materials and the emplacing of mobile homes, temporary permits must be secured from the Construction Official for a period not to exceed six months. The nonconforming use shall be located on the premises and in the manner required by the Construction Official. Any such nonconforming use shall cease prior to the issuance of a certificate of occupancy for the permitted construction project or building.
[Amended 11-19-1990 by Ord. No. 14-1990]
B.
In addition, the Planning Board, after a hearing, may authorize a certificate of occupancy for a dwelling house to be temporarily used as a sales and management office for the sale of those homes within a subdivision, provided that all the following requirements are complied with:
[Amended 5-4-1995 by Ord. No. 4-1995]
(1)
The house to be used as such office is built upon a lot approved as part of a subdivision that has been approved by the Planning Board.
(2)
The house is of substantially similar design as those houses to be sold within the subdivision.
(3)
No business other than that accessory to the management and sales of the lands owned by the applicant shall be permitted.
(4)
The dwelling house shall meet all other zoning restrictions of the zone in which it is located.
C.
The temporary certificate of occupancy issued under this section shall be for no longer than a one-year period. However, such permit may be renewed by the Planning Board annually after a hearing.
[Amended 5-4-1995 by Ord. No. 4-1995]
D.
Where the Planning Board finds that weather conditions preclude the completion of elements of an approved site plan, and find that the public health and safety would not be compromised, the Board may recommend that the Construction Official issue a certificate of occupancy if all elements of the Municipal Building Code[1] have been met.
[Added 9-7-1993 by Ord. No. 5-1993; amended 5-4-1995 by Ord. No. 4-1995]
§ 240-24 Fences.
Fences and walls shall only be permitted in compliance with § 240-21, as well as the following provisions:
A.
In any residential zone district, the height of any permitted fence or wall shall be limited to four feet in any front yard and six feet in any rear and side yard; provided, however, that:
(1)
Electric and barbed-wire fences shall be prohibited unless erected pursuant to § 240-51A(7) to create enclosures to contain livestock in connection with farming operations.
(2)
No fence erected in any front yard shall be permitted within two feet of any street right-of-way, to provide for proper street maintenance.
(3)
Where any fencing is erected with dissimilar sides with respect to finishing or structural members, the construction shall be carried out in such a fashion that the structural members, supports and braces face the property for which the fencing is intended, with the finished side facing the adjoining property or properties.
§ 240-25 Proximity of structures and construction activities to waterways.
[Amended 9-7-1993 by Ord. No. 5-1993; 5-7-2007 by Ord. No. 3-2007; 2-16-2016 by Ord. No. 6-2016]
A.
No building or structure (except docks, piers, boathouses or similar structures related to watercourses, and nonstructural stormwater management mechanisms/elements, such as bioswales) shall be constructed, placed, erected or extended within the setback from existing lakes, ponds, streams or wetlands, as required for each zone (75 feet if no requirement is stated), until such time as a soil erosion and sediment control plan shall have been approved by the Planning Board.
[Amended 6-20-2017 by Ord. No. 10-2017]
B.
None of the following construction activities can be undertaken within a floodway, flood hazard area or riparian buffer until an approval is obtained from the State of New Jersey Department of Environmental Protection or is authorized per the current State of New Jersey Department of Environmental Protection Flood Hazard Area Control Act Rules (N.J.A.C. 7:13):
(1)
The alteration of topography through excavation, grading and/or placement of fill;
(2)
The clearing, cutting and/or removal of vegetation in a riparian zone;
(3)
The creation of impervious surface;
(4)
The storage of unsecured material;
(5)
The construction, reconstruction and/or enlargement of a structure; and
(6)
The conversion of a building into a private residence or a public building.
§ 240-26 Outdoor storage.
[Amended 4-3-1989 by Ord. No. 5-1989; 9-7-1993 by Ord. No. 5-1993]
In all nonresidential districts, no article or material shall be kept, stored or displayed outside the confines of a building unless the same is screened by special planting or a fence, as approved by the Planning Board, so that it is not visible from any adjacent residential zone or public street. In residential zones, outdoor storage is prohibited. This specifically includes, without limitation, the storage of tires in other than a fully enclosed structure. This section 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.
§ 240-27 Conversion of existing structures.
The conversion of an existing structure to a use permitted in the zone in which the structure falls will be regulated the same as a new structure constructed in the zone district.
§ 240-28 Prohibited uses.
The following uses are specifically prohibited in all zones or districts within the Township of Byram:
A.
Mining, quarrying, crushing, smelting, soil removal, except in accordance with the Byram Township Soil Removal Ordinance,[1] and operations related thereto. Such operations may be carried out only in zones specifically permitting the use.
[Amended 9-7-1993 by Ord. No. 5-1993]
B.
The maintenance of any house trailer or mobile home used for living, sleeping or business purposes upon any lot or parcel of land within the Township, provided that all trailers located on individual lots or tracts of land in the Township and continuously so located since November 2, 1966, shall be permitted to remain in their present locations and may from time to time be replaced with another trailer on the same site, provided that the trailer has been licensed and the licensee has at all times complied with the terms and provisions of the Trailer Licensing Ordinance of the Township.[2]
C.
All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in Section 3 of P. L. 2021, c. 16,[3] but not the delivery of cannabis items and related supplies by a delivery service.
[Added 6-15-2021 by Ord. No. 006-2021]
[3]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
§ 240-29 Inoperable motor vehicles.
A.
No motor vehicle which is incapable of being operated or which lacks proper motor vehicle registration plates affixed to such vehicle or which is not currently registered in the State of New Jersey or elsewhere shall be kept, stored, parked or maintained in any residential zone in the Township other than in a garage or other building on the premises.[1]
[1]
Editor's Note: Former Subsection B, regarding commercial vehicles in residential zones, added 9-7-1993 by Ord. No. 5-1993, which immediately followed this subsection, was repealed 5-7-2013 by Ord. No. 4-2013.
§ 240-29.1 Provisions for off-street parking, pedestrian access, lighting and landscaping.
§ 240-29.2 Tract disturbance.
[Amended 11-15-2004 by Ord. No. 27-2004]
A.
Purpose. It is the purpose of this section to provide for reasonable control of development within the critical areas (surface waters, wetlands, steep slopes, ridgelines and hillcrests, and floodplains) of the Township in order to minimize the adverse impact caused by the development of such areas. Such impacts include, but are not limited to, erosion, siltation, flooding, surface slippage and subsidence, surface water runoff, habitat destruction and pollution of potable water supplies from point and nonpoint sources. Therefore, it is determined that the special and paramount public interest in these critical areas justifies the regulation of property located thereon as provided below, which is the exercise of the zoning authority by the Township for the protection of persons and the property of its inhabitants and for the preservation of the public health, safety and general welfare. It is recognized that there is a strong relationship between the integrity of the Township's and the region's water resources and the development on critical areas and the general use of land resources. Therefore, the appropriate management of these resources is an important health, safety and general welfare concern.
B.
Applicability. The provisions of this section shall apply to all applications for development and approval, including subdivisions, site plans and building permits.
C.
Exceptions/exemptions.
D.
Standards. Tract disturbance shall not include critical areas.
E.
Conservation easement/deed restrictions. Minor and major subdivision application before the Board shall be required to provide appropriate conservation and deed restrictions when critical areas, as defined in § 240-7, are disturbed. These legal instruments shall be drafted in general conformance with the recommendations and language contained in § 240-29.3, Conservation easement appendix, and the New Jersey Conservation Restriction and Historic Preservation Restriction Act (N.J.S.A. 13:8B-1). The form of easement must be preapproved by the Township.
(1)
Conservation easements shall be required for all critical areas.
(2)
Critical areas located outside of the area of tract disturbance shall contain conservation easements.
(3)
All subdivision plats shall contain a reference to any required conservation easement.
(4)
Easement boundaries are required to be delineated on the property by metes and bounds surrounding the general extent of critical areas.
(5)
Recording information for conservation easements must be set forth on final subdivision plats and final site plans.
§ 240-29.3 Conservation easement appendix.
[Added 10-21-2002 by Ord. No. 12-2002]
A.
No trees or shrubs, excepting dead or dying trees posing a safety hazard, shall be removed or destroyed except as approved by the Planning Board of the Township of Byram or, if appropriate, by any state or federal agency.
B.
No topsoil, sand, gravel or mineral shall be excavated or removed.
C.
No building shall be constructed or any impervious surface created.
D.
The course of surface drainage water flowing over and across the area contained within the conservation easement shall not be altered, modified or restricted.
E.
Although this conservation easement shall benefit the public through protection of water and land resources and natural beauty, nothing herein shall be construed to convey a right or dedication to the public for access or use of the property. The grantors or heirs, successors and assigns shall retain exclusive rights to such access and use.
F.
The Township Zoning Officer or his or her designee are hereby permitted to enter in and upon the conservation easement for purposes of inspection upon written notification of not less than 72 hours or less in case of emergency.
G.
Nothing contained herein shall be deemed to restrict the right of the owner to enter the remainder of the property.
§ 240-29.4 Height exceptions.
[Added 5-7-2007 by Ord. No. 4-2007]
The height provisions of this chapter shall not apply to the erection of farm silos, church spires, belfries, towers and cupolas designed exclusively for ornamental purposes to improve an architectural design, chimneys, flues or similar appurtenances. The height provisions of this chapter shall, moreover, not apply to bulkheads, elevator enclosures, water tanks, or similar accessory utility structures occupying an aggregate of 10% or less of the area of the roof on which they are located, and further provided that such structures do not exceed the height limit by more than 10 feet and are set back from the roof edge not less than 1 1/2 times their height and are architecturally treated. Nothing in this chapter shall prevent the erection above the height limitation of a parapet wall or cornice extending above such height limit not more than three feet.