Independence Township
City Zoning Code
City Zoning Code
ARTICLE I
General Provisions
§ 255-1 Title.
This chapter shall be known and may be cited as the "Land Development Ordinance of the Township of Independence, New Jersey."
§ 255-2 Purpose.
There is hereby ordained by the Township Committee for the Township of Independence, New Jersey, pursuant to the provisions of P.L. 1975, C. 291,[1] a Land Development Ordinance for the following purposes:
A.
To guide the appropriate use or development of all lands in this state in a manner which will promote the public health, safety, morals and general welfare.
B.
To secure safety from fire, flood, panic and other natural and man-made disasters.
C.
To provide adequate light, air and open space.
D.
To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities and regions and preservation of the environment.
E.
To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies.
F.
To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements.
G.
To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight.
H.
To promote a desirable visual environment through creative development techniques and good civic design and arrangements.
I.
To promote the conservation of open space and valuable natural resources, prevent erosion and to prevent urban sprawl and degradation of the environment through improper use of land.
J.
To encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
§ 255-3 Definitions.
[Amended 7-9-1979; 11-10-1980; 8-10-1981; 7-9-1984 by Ord. No. 84-8]
A.
The words "used for" include "designed for" and vice versa; words used in the present tense include the future; words used in the singular number include the plural number and vice versa; the word "used" shall include "arranged," "designed," "constructed," "altered," "converted," "rented," "leased" or "intended to be used"; the word "building" includes the word "structure"; the word "lot" includes the word "plot" or "parcel"; the word "shall" is mandatory and not directory.
B. ACCESSORY BUILDING OR USE ADMINISTRATIVE OFFICER ADVERTISING STRUCTURE AGENCY AGRICULTURE APARTMENT APPLICANT APPLICATION FOR DEVELOPMENT APPROVED SANITARY AND WATER SYSTEMS APPROVING AUTHORITY ASSISTED-LIVING FACILITY BASEMENT BEDROOM BUFFER BUILDING BUILDING, COMMUNITY BUILDING COVERAGE BUILDING, HEIGHT OF(1) (2) (3) (4) (a) (b) (c) CAMPERS CANNABIS CULTIVATOR CANNABIS DELIVERY CANNABIS DELIVERY SERVICE CANNABIS DISTRIBUTOR CANNABIS ESTABLISHMENT CANNABIS MANUFACTURER CANNABIS RETAILER CANNABIS WHOLESALER CAPITAL IMPROVEMENT CELLAR CHILD-CARE CENTER CHURCH or PLACE OF WORSHIP CIRCULATION CLEAR ZONE CLINIC CLUSTER RESIDENTIAL DEVELOPMENT COMMERCIAL-RESIDENTIAL USE COMMON OPEN SPACE CONDITIONAL USE COUNTY MASTER PLAN COUNTY PLANNING BOARD CRITICAL AREA CUL-DE-SAC DAYS DENSITY DENSITY, NET DEVELOPER DEVELOPMENT DEVELOPMENT REGULATION DISTRICT DIVISION DRAINAGE DRAINAGE RIGHT-OF-WAY DRIVEWAY DWELLING DWELLING, ATTACHED DWELLING, DETACHED DWELLING, GARDEN CONDOMINIUM DWELLING, MULTIFAMILY DWELLING, PATIO HOUSE DWELLING, SEMIDETACHED DWELLING, SINGLE-FAMILY DETACHED DWELLING, TOWNHOME DWELLING, TOWNHOUSE DWELLING UNIT EASEMENT EDUCATIONAL FARM ELDER COTTAGE HOUSING OPPORTUNITY (ECHO) ENVIRONMENTAL COMMISSION EROSION EROSION AND SEDIMENT CONTROL PLAN EXAMINATION ROOM EXCAVATION or CUT EXTENDED-CARE FACILITY FABRICATION or ASSEMBLY FACADE FAMILY FAMILY DAY-CARE HOME FARM FARM CONSERVATION PLAN FARM STAND FINAL APPROVAL FLAG LOT FLOOD GARAGE, PRIVATE GARDEN APARTMENT GARDEN APARTMENT DEVELOPMENT GOVERNING BODY GROSS FLOOR AREA HISTORIC SITE HOME OCCUPATION HOME PROFESSIONAL OFFICE HOSPITAL HOUSING REGION INCLUSIONARY DEVELOPMENT INTERESTED PARTY(1) (2) INTERIOR DEVELOPMENT ROADWAY INTERMEDIATE-CARE FACILITY INTERSPERSE JUNKYARD LAND LAND DISTURBANCE LAND USE BOARD LOADING SPACE LOT LOT AREA LOT COVERAGE LOT DEPTH LOT, INTERIOR LOT LINE LOT WIDTH LOW-INCOME HOUSING MAINTENANCE GUARANTY MAJOR SUBDIVISION MASTER PLAN MINING MINOR SUBDIVISION MOBILE HOME MOBILE HOME PARK MODERATE-INCOME HOUSING MULCHING MULTIFAMILY MUNICIPALITY MUNICIPAL AGENCY NEW JERSEY COUNCIL ON AFFORDABLE HOUSING or NJCOAH NONCONFORMING BUILDING NONCONFORMING LOT NONCONFORMING STRUCTURE NONCONFORMING USE NUISANCE NURSING HOME NURSING HOME FACILITY OFFICE OFFICIAL COUNTY MAP OFFICIAL MAP OFF-SITE OFF-TRACT ONE-BEDROOM APARTMENT ON-SITE ON-TRACT OPEN SPACE OWNER PARKING AREA, PRIVATE PARKING AREA, PUBLIC PARKING SPACE PARTY IMMEDIATELY CONCERNED PERFORMANCE GUARANTY PERMITTED USE PLANNED RESIDENTIAL DEVELOPMENT (PRD) PLAT PLAT, FINAL PLAT, PRELIMINARY PRELIMINARY APPROVAL PRELIMINARY FLOOR PLANS AND ELEVATIONS PRIVATE ROAD PROFESSIONAL OCCUPATIONS PUBLIC AREAS PUBLIC DEVELOPMENT PROPOSAL PUBLIC DRAINAGEWAY PUBLIC OPEN SPACE QUARRYING QUORUM RECREATION SPACE REQUIRED SETBACK RESIDENTIAL CLUSTER RESIDENTIAL DENSITY RESTAURANT RESTAURANT, DRIVE-IN REST HOME RESUBDIVISION RIGHT-OF-WAY SCHEDULING COMMITTEE SCREENING SECTION 8 INCOME LIMITS SEDIMENT SEDIMENTATION SEDIMENT BASIN SENIOR CITIZEN SENIOR HOUSING SENIOR HOUSING, SUBSIDIZED SERVICE STATION SETBACK LINE SEWER, PUBLIC SIGN and/or ADVERTISING STRUCTURE SITE PLAN SOIL SOIL CONSERVATION DISTRICT STAND, FARM STAND, ORCHARD STANDARDS OF PERFORMANCE STORY STORY, HALF STREET STREET, ARTERIAL STREET, COLLECTOR STREET, CUL-DE-SAC STREET LINE STREET, MARGINAL ACCESS STREET, MINOR STRIPPING STRUCTURE SUBDIVISION(1) (a) (b) (c) (d) (2) SUBDIVISION COMMITTEE SUBDIVISION, MAJOR TRAILER, BOAT TRAILER HOUSE TURNING AREA TWO-BEDROOM APARTMENT USABLE RECREATION SPACE USE USE, ACCESSORY VARIANCE WATER, PUBLIC YARD YARD, FRONT YARD, REAR YARD, SIDE ZERO LOT LINE ZONING PERMIT
For the purpose of this chapter, certain terms and words are herein defined as follows:
A use or structure customarily incidental and subordinate to the principal use of land or buildings and located on the same lot as such principal use or building.
The Clerk of the municipality, unless a different municipal official or officials are designated by ordinance or statute.
See "sign."
The New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
[Added 10-5-1987 by Ord. No. 87-18]
The production, keeping, boarding or maintenance, for sale, lease or personal use, of plants and animals useful to man, including but not limited to forages and sod crops; processing soil to be used as a growing medium; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, or any mutations or hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; and lands devoted to a soil conservation or forestry management program. Wetlands remediation and/or mitigation shall not be defined as agriculture.
[Added 10-24-1985 by Ord. No. 85-10; amended 12-1-2015 by Ord. No. 2015-09]
See "dwelling, multifamily"; "garden apartment"; "garden apartment development"; "one-bedroom apartment"; "two-bedroom apartment."
[Amended 2-13-2007 by Ord. No. 2007-01]
A developer submitting an application for development.
The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, garden apartment development, planned development, conditional use or zoning variance.
Any public sanitary and water distribution systems approved by the Township and State Department of Environmental Protection and the Independence Municipal Utilities Authority.
The Land Use Board of the municipality, unless a different agency is designated by ordinance when acting pursuant to the authority of this chapter.
[Amended 2-13-2007 by Ord. No. 2007-07]
A facility which is licensed by the New Jersey Department of Health to provide apartment-style housing and congregate dining and to assure that assisted-living services are available, when needed, for four or more adult persons unrelated to the proprietor. Units offer, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance or as defined by the New Jersey Department of Health.
[Added 11-10-1998 by Ord. No. 98-4; amended 2-11-2003 by Ord. No. 03-2]
That portion of a building partly below and partly above grade, where the ceiling averages four feet or more than four feet above the finished grade where such grade meets the outside walls of the building (See "story.")
[Amended 6-13-2017 by Ord. No. 2017-08]
A separately enclosed room so designated on the approved plan as such and intended and used primarily as sleeping quarters, except that in an efficiency apartment the combined living room and bedroom shall, for purposes of this chapter, be considered a "bedroom."[1]
A land area used to separate one use, activity or structure from another.
[Added 4-14-1992 by Ord. No. 92-3]
A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
A public building for civic, social, educational, cultural and recreational activities of a neighborhood or community.
The square footage or other area measurement by which a building or structure occupies the land as measured at the grade line around the foundation.
Shall mean the vertical distance from grade to the top of the highest roof beams of a flat roof, or highest gable or peak of a hip roof. Height of structure shall be measured as follows. (See Figure 1, Building Height, at the end of this chapter.)
[Amended 6-13-2017 by Ord. No. 2017-08]
For a new building within a newly approved subdivision, height shall be measured from finished grade. Finished grade shall be based upon the approved subdivision grading plan, which shall be shown on the building permit plot plan to be approved by the Township Engineer.
For a new building not within a newly approved subdivision, height shall be measured from finished grade. However, if finished grade is more than three feet above existing grade, height shall be measured from a reference plane representing a level three feet above existing grade. The correct reference plane from which to measure shall be determined by comparing the calculated existing grade to the calculated finished grade.
For an existing building, including an addition to an existing building, height shall be measured from finished grade.
When measuring height of structure, the following rules shall apply:
The term "grade" shall mean reference plane representing the average ground level adjoining the building at all exterior walls. "Existing grade" shall mean the existing, pre-disturbance grade, and "finished grade" shall mean the proposed, post-construction grade.
"Average ground level" shall be calculated using measurements taken 10 feet apart.
For a residential structure with a walkout or daylight rear basement or cellar wall with a minimum four-foot exposure above finished grade, the rear wall shall be excluded when calculating the average ground level, provided that on a corner lot or through lot, screening shall be provided to lessen the visual impact of the rear wall on the street, consistent with § 255-88B.
A self-powered vehicle used for living or sleeping purposes.
Any person or entity holding a Class 1 cannabis cultivator license issued by the State of New Jersey that grows, cultivates, or produces cannabis in the State of New Jersey, and sells, and may transport, this cannabis to other cannabis cultivators, or usable cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.
[Added 7-13-2021 by Ord. No. 2021-04]
The transportation of cannabis items and related supplies to a consumer. "Cannabis delivery" also includes the use by a licensed cannabis retailer of any third-party technology platform to receive, process, and fulfill orders by consumers, which third party shall not be required to be a licensed cannabis establishment, distributor, or delivery service, provided that any physical acts in connection with fulfilling the order and delivery shall be accomplished by a certified cannabis handler performing work for or on behalf of the licensed cannabis retailer, which includes a certified cannabis handler employed or otherwise working on behalf of a cannabis delivery service making off-premises deliveries of consumer purchases fulfilled by that cannabis retailer.
[Added 7-13-2021 by Ord. No. 2021-04]
Any person or entity holding a Class 6 cannabis delivery license issued by the State of New Jersey that provides courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to make deliveries of the cannabis items and related supplies to that consumer, and which services include the ability of a consumer to purchase the cannabis items directly through the cannabis delivery service, which after presenting the purchase order to the cannabis retailer for fulfillment, is delivered to that consumer.
[Added 7-13-2021 by Ord. No. 2021-04]
Any person or entity holding a Class 4 cannabis distributor license issued by the State of New Jersey that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator, or transports 40 cannabis items in bulk intrastate from any one class of licensed cannabis establishment to another class of licensed cannabis establishment, and may engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities.
[Added 7-13-2021 by Ord. No. 2021-04]
A cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer.
[Added 7-13-2021 by Ord. No. 2021-04]
Any person or entity holding a Class 2 cannabis manufacturer license issued by the State of New Jersey, that processes cannabis items in this state by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, and packaging cannabis items, and selling, and optionally transporting, these items to other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.
[Added 7-13-2021 by Ord. No. 2021-04]
Any person or entity holding a Class 5 cannabis license issued by the State of New Jersey that purchases or otherwise obtains usable cannabis from cannabis cultivators and cannabis items from cannabis manufactures or cannabis wholesalers, and sells these to consumers from a retail store, and may use a cannabis delivery service or a certified cannabis handler for the off-premises delivery of cannabis items and related supplies to consumers. A cannabis retailer shall also accept consumer purchases to be fulfilled from its retail store that are presented by a cannabis delivery service which will be delivered by the cannabis delivery service to that consumer.
[Added 7-13-2021 by Ord. No. 2021-04]
Any person or entity holding a Class 3 cannabis wholesaler license issued by the State of New Jersey that purchases or otherwise obtains, stores, sells or otherwise transfers, and may transport, cannabis items for the purpose of resale or other transfer to either another cannabis wholesaler or to a cannabis retailer, but not to consumers.
[Added 7-13-2021 by Ord. No. 2021-04]
A governmental acquisition of real property or major construction project.
A space with less than 1/2 of its floor-to-ceiling height above the average finished grade of the adjoining ground or with a floor-to-ceiling height of not less than 6 1/2 feet.
An establishment licensed and approved by the Division of Youth and Family Services maintained for the care, development or supervision of six or more children under six years of age who attend for less than 24 hours per day.
[Added 10-8-1991 by Ord. No. 91-6]
A building or structure for public worship and/or religious services.
[Added 7-14-1986 by Ord. No. 86-11]
Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transshipment points.
Shall mean a level area adjacent to a principal or accessory building, which is 20 feet in width measured parallel to the building, from which emergency service (fire and rescue) may obtain access to the roof by groundbased ladder. Such access point or clear zone shall be available adjacent to at least one exterior wall of each principal or accessory building.
[Added 6-13-2017 by Ord. No. 2017-08]
A place where patients are studied or treated by physicians specializing in various ailments and practicing as a group.
A form of development for single-family residential subdivisions that permits a reduction in lot area and bulk requirements, provided that there is no increase in the number of lots permitted under a conventional subdivision and the residual land area is devoted to common open space.
A building used for both commercial and residential purposes, provided that the commercial use is limited to 40% of the total floor area or 20% of the total structure.
An open space area within or related to a site designated as a development, designed and intended for the use or enjoyment of residents and owners of the development. "Common open space" may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the Zoning Ordinance and upon the issuance of an authorization therefor by the Land Use Board.
[Amended 2-13-2007 by Ord. No. 2007-07]
A composite of the Master Plan for the physical development of the county in which the municipality is located, with the accompanying maps, plats, charts and descriptive and explanatory matter, adopted by the County Planning Board pursuant to N.J.S.A. 40:27-2 and 40:27-4.
The Planning Board of the county in which the land or development is located.
A sediment-producing highly erodible or severely eroded area.
See "street."
Calendar days.
The number of families, individuals, dwelling units or housing structures per unit of land.
Total number of dwelling units within a designated area, per land area, excluding streets, major open space, common recreation areas and wetlands or other environmentally constrained areas, expressed in dwelling units per acre (du/ac).
[Added 11-12-1985 by Ord. No. 85-12]
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase or other person having an enforceable proprietary interest in such land.
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 any soil disturbance, mining, excavation or landfill; and any use or change in the use of any building of other structure or land or extension of use of land for which permission may be required pursuant to this chapter.
A Zoning Ordinance, Subdivision Ordinance, Site Plan Ordinance, Official Map Ordinance or other municipal regulation of the use and development of land, or amendment thereto, adopted and filed pursuant to this chapter.
Any part of the territory of Independence Township to which certain uniform regulations and requirements of this chapter apply. See Article XII of this chapter.
The Division of State and Regional Planning in the Department of Community Affairs.
The removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
The lands required for the installation of stormwater sewers or drainage ditches or land or interests therein required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein so as to safeguard the public against flood damage in accordance with Chapter 1 of Title 58 of the Revised Statutes.
In a garden development, a road from a parking area to an interior development roadway.
A structure or portion thereof which is used exclusively for human habitation.
A one-family dwelling attached to two or more one-family dwellings by common vertical walls.
A dwelling which is not attached to any other dwelling by any means.
A group of rooms designed to function as a single, complete dwelling unit and located in a multifamily dwelling. A garden condominium is also referred to as a "condo flat."
[Added 7-13-1993 by Ord. No. 93-8]
A dwelling containing more than two dwelling units.
A one-family dwelling on a separate lot with open space setbacks on three sides and with a court; also known as "zero lot line homes."
A one-family dwelling attached to one other one-family dwelling by a common vertical wall, and each dwelling located on a separate lot.
A dwelling which is designed for and occupied by not more than one family and surrounded by open space or yards and which is not attached to any other dwelling by any means.
A one-family dwelling in a grouping of at least five such units in which each unit has its own access to the outside, no unit is located over another unit and each unit is separated from any other unit by one or more common fire-resistant walls.
[Added 11-12-1985 by Ord. No. 85-12]
A one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire-resistant walls.
One or more rooms, designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.
A restriction established in a real estate deed to permit the use of land by the public, a corporation or particular persons for specific uses.
A parcel of land wherein all or a portion thereof is used for exhibits, demonstrations, instruction and/or education of farming and husbandry uses and activities.
[Added 2-11-2003 by Ord. No. 03-1]
A government-owned, subsidized detached living quarters accessory to a primary residence for the exclusive use and occupancy by an elderly or handicapped person(s), at least one of whom shall be related by blood or marriage to the owner of the principal residence upon the lot, and located upon the same lot as the principal residence. An elderly person shall be any person of the age of 55 years or older. A handicapped person shall be any individual with such physical or mental handicap so as to be eligible for (but not necessarily receiving) functional services from the State of New Jersey or any other federal or state assistance for the elderly or handicapped. This housing is permitted as a conditional use pursuant to § 255-116.
[Added 7-8-1997 by Ord. No. 97-7]
A municipal advisory body created pursuant to P.L. 1968, c. 245 (N.J.S.A. 40:56A-1 et seq.).
The detachment and movement of soil or rock fragments by water, wind, ice and gravity.
A plan which fully indicates necessary land treatment measures, including a schedule of the timing for their installation, which will effectively minimize soil erosion and sedimentation. Such measures shall be equivalent to or exceed standards adopted by the New Jersey State Soil Conservation Committee and administered by Warren County Soil Conservation District.
Any room used for testing, inspection, investigation or treatment of a patient, as opposed to a waiting room, counseling room or office or where special medical or dental equipment may be installed to assist in the examination or treatment.
Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.
A long-term care facility or a distinct part of a facility licensed by the New Jersey Department of Health as a nursing home, infirmary unit of a home for the aged or a governmental medical institution or as defined by the New Jersey Department of Health.
[Added 11-10-1998 by Ord. No. 98-4]
The manufacture from standardized parts of a distinct object differing from the individual components.
The exterior wall of a building exposed to public view or that wall viewed by persons not within the building.
One or more persons customarily living together as a single housekeeping unit, whether or not related to each other by birth or marriage, as distinguished from a group occupying a boardinghouse, lodging house, hotel or motel.
Any private residence approved by the Division of Youth and Family Services or an organization with which the Division contracts for family day care in which child-care services are regularly provided to no less than three and no more than five children for no less than 15 hours per week. A child being cared for under the following circumstances is not included in the total number of children receiving child-care services:
[Added 10-8-1991 by Ord. No. 91-6]
A parcel of land used for agricultural activities.
A plan which provides for use of land within its capabilities and treatment, within practical limits, according to a chosen use to prevent further deterioration of soil and water resources.
See "stand, farm."
The official action of the Land Use Board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion, or approval conditioned upon the posting of such guaranties.
[Amended 2-13-2007 by Ord. No. 2007-07]
A lot not fronting on or abutting a public road and where access to the public road is by a narrow, private right-of-way.
The temporary overflowing of water onto land which is usually devoid of surface water.
A detached accessory building or portion of a main building for the parking or temporary storage of automobiles of the occupants of the main building to which the garage is accessory.
Multifamily dwellings with five or more dwelling units and not exceeding 30 feet in height or not more than two livable floors above ground level and adhering to § 255-70.
A large-scale development to be constructed by a single owner or a group of owners acting jointly, planned as an entity and consisting of not less than 30 apartment units and therefore susceptible to development and regulation as a complex land use unit, rather than as an aggregation of individual buildings or unit group buildings located on separate unrelated lots.
The chief legislative body of the municipality.
The sum of the gross horizontal areas of all floors of a building measured by using the outside dimensions of a building. Excluded are basements, attached garages, loading space for motor vehicles or any space where the floor-to-ceiling height is less than six feet.
Any building, structure, area or property that is significant in the history, architecture, archaeology or culture of this state, its communities or the nation and has been so designated pursuant to this chapter or by agencies of the state or federal government.
An occupation for gain or support conducted only by members of a family residing in the dwelling, plus not more than one person not a resident of the dwelling, provided that the character of the dwelling is not changed, the occupation is conducted entirely within the dwelling or accessory building, not more than 40% of the gross floor area of any one floor or not more than 20% of the gross floor area of the dwelling, if there is more than one floor, is being used for the occupational or related use, no sounds are audible outside the building and no machinery or equipment is used which will cause electrical or other interference with radio and television reception in adjacent residences, obnoxious odors or other nuisances.
The office where a professional occupation is carried on, provided that the character of the dwelling is not changed and not more than 40% of any floor area of the dwelling and/or not more than 20% of the total gross floor area, if there is more than one floor, is used for said office in said dwelling, and no machinery or equipment is used which will cause obnoxious odors or electrical or other interference with radio or television reception in adjacent residences.
An institution where the ill or injured may receive medical, surgical or psychiatric treatment, and including nursing, food and lodging during illness.
A geographic area, determined by the New Jersey Council on Affordable Housing, of no fewer than two nor more than four contiguous whole counties which exhibit significant social, economic and income similarities and which constitute, to the greatest extent practicable, the Primary Metropolitan Statistical Areas (PMSA) as last defined by the United States Census Bureau prior to July 2, 1985. The applicable "housing region" for Independence Township is the West Central Region, consisting of Hunterdon, Middlesex, Somerset and Warren Counties.
[Added 10-5-1987 by Ord. No. 87-18]
A residential housing development in which a substantial percentage of the housing units is provided for a reasonable range of low- and moderate-income households.
[Added 10-5-1987 by Ord. No. 87-18]
In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey.
In the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter, or under any other law of this state or of the United States have been denied, violated or infringed by an action or failure to act under this chapter.
A private road within the garden apartment development connecting, either directly or indirectly, through another interior development roadway, with a public street or highway.
A facility licensed by the New Jersey Department of Health which provides, on a regular basis, health-related care and services to individuals who do not require the degree of care and treatment which a hospital or skilled nursing facility is designated to provide, but who, because of their mental or physical condition, require care and services (above the level of room and board) which can be made available to them only through institutional facilities such as these or as defined by the New Jersey Department of Health.
[Added 11-10-1998 by Ord. No. 98-4]
To scatter or mix lower-income housing units among market units within a structure or building containing said units.
[Added 10-5-1987 by Ord. No. 87-18]
The use of more than 200 square feet of area of any lot for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials, or for the dismantling, demolition or abandonment of automobiles not in operating condition or other vehicles or machinery or parts thereof or the storage of three or more unregistered vehicles.
Any ground, soil or earth, including marshes, swamps, drainageways and areas not permanently covered by water within the municipality, improvements and fixtures on, above or below the surface.
An activity involving the clearing, grading, transporting, filling and any other activity which causes land to be exposed to the danger of erosion.
The Municipal Land Use Board established pursuant to § 255-25.
[Amended 2-13-2007 by Ord. No. 2007-07]
An off-street space or berth to the side or rear of a building or group of buildings, for the temporary parking of a commercial vehicle while loading or unloading.
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
The acreage and/or square footage of a lot contained within the lot lines of the property, not counting any area within the right-of-way of a street.
That area of the lot covered by buildings, paving and all other impervious surfaces.
[Amended 12-28-1989 by Ord. No. 89-28]
The distance measured from the front lot line to the rear lot line.
A lot other than a corner lot.
The legal boundaries of a lot.
The horizontal distance between the side lot lines measured along the street line.
Housing affordable to Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs, and occupied or reserved for occupancy by households with a gross household income equal to 50% or less of the median gross household income for households of the same size within the housing region in which the housing is located; and which is subject to affordability controls.
[Added 10-5-1987 by Ord. No. 87-18]
Any security, other than cash, which may be accepted by a municipality for the maintenance of any improvements required by this chapter.
Any subdivision not classified as a "minor subdivision."
A composite of one or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to Article III of this chapter.
Any activity wherein any metallic mineral, ore or metal is excavated for removal from the premises. Specifically excluded from this definition are soil-processing operations.
[Added 5-8-2007 by Ord. No. 2007-14]
A subdivision of land that does not involve the creation of more than two lots plus a remainder, a planned development, any new street or extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42. A minor subdivision shall not involve property which has been granted a subdivision for two or more new lots within the previous thirty-six-month period.
[Amended 9-14-1999 by Ord. No. 99-5]
Any vehicle or similar portable structure mounted or designed for mounting on wheels, used or intended for use for dwelling purposes, including structural additions, except parked and unoccupied camping-type trailers. Any such vehicle or structure shall be deemed to be a "mobile home" whether or not the wheels have been removed therefrom and whether or not resting upon a temporary or permanent foundation.
A tract of land in single ownership which has been developed with all necessary facilities and services in accordance with a site development plan meeting all the requirements of this chapter and which is intended for the express purpose of providing a satisfying living environment for mobile home residents on a long-term occupancy basis.
Housing affordable to Federal Department of Housing and Urban Development or other recognized standards for home ownership or rental costs, and occupied or reserved for occupancy by households with a gross household income equal to or more than 50% but less than 80% of the median gross household income for households of the same size within the housing region m which the housing is located; and which is subject to affordability controls.
[Added 10-5-1987 by Ord. No. 87-18]
The application of plant residue or other suitable materials to the land surface to conserve moisture, hold soil in place and aid in establishing plant cover.
A dwelling containing more than two dwelling units.
[Added 10-5-1987 by Ord. No. 87-18]
Any city, borough, town, Township or village.
A Municipal Planning Board or Board of Adjustment or a governing body of a municipality when acting pursuant to this chapter and any agency which is created by or responsible to one or more municipalities when such agency is acting pursuant to this chapter.
The New Jersey Council on Affordable Housing established under the Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.) which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning considerations in this state.
[Added 10-5-1987 by Ord. No. 87-18]
See "nonconforming structure."
A lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a Zoning Ordinance, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a Zoning Ordinance, but fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption, revision or amendment of a Zoning Ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
An offensive, annoying, unpleasant or obnoxious thing or practice; a cause or source of annoyance, especially a continuing or repeating invasion or disturbance of another's rights, including the actual or potential emanation of any physical characteristics or activity or use across a property line which can be perceived by or affects a human being, or the generation of an excessive or concentrated movement of people or things, such as, but not limited to, noise, dust, smoke, odor, glare, vibration, heat, electronic or atomic radiation, objectionable effluent and traffic.
A small private hospital, especially one for convalescents.
An extended or intermediate care facility licensed by the New Jersey Department of Health to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves or as defined by the New Jersey Department of Health.
[Added 11-10-1998 by Ord. No. 98-4]
A room or group of rooms used for conducting the affairs of a business, profession, service, industry or government.
The map, with changes and additions thereto, adopted and established, from time to time, by resolution of the Board of Chosen Freeholders of the county pursuant to N.J.S.A. 40:27-5.
A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32 et seq.
Located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.
Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
An apartment unit containing complete kitchen, toilet, bathing and washing facilities, living room and one separately partitioned and completely enclosed bedroom.
Located on the lot in question.
Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
Any parcel or area of land or water set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such "open space," provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
Any individual, firm, association, syndicate, copartnership, corporation, trust or any legal entity having sufficient proprietary interests in the land sought to be subdivided to commence proceedings under this chapter to effect a development of land hereunder for himself or for another.
An open area, other than street, for the same uses as a private garage.
A paved open area other than a street or other public way, used for the parking of automobiles and available to the public whether for a fee, free or as an accommodation for clients or customers.
An area within a structure or garage or in the open, exclusive of driveways or access drives for the parking of a motor vehicle.
[Amended 5-11-2004 by Ord. No. 04-3]
For purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under § 255-9.
Any security, which may be accepted by a municipality, including cash, provided that a municipality shall not require more than 10% of the total performance guaranty in cash.
Any use of the land as permitted according to this chapter.
An area of a minimum contiguous size, as specified by ordinance, to be planned and developed as a single entity and containing one or more residential clusters; appropriate commercial, public or quasi-public uses may be included if such uses are primarily for the benefit of the residential development.[2]
A map or maps of a subdivision or site plan.
The final map of all or a portion of a subdivision or site plan which is presented to the Land Use Board for final approval in accordance with these regulations, and which, if approved, shall be filed with the proper county recording officer.
[Amended 2-13-2007 by Ord. No. 2007-07]
The preliminary map indicating the proposed layout of the subdivision or site plan for Land Use Board consideration and tentative approval and meeting the requirements of this chapter.
[Amended 2-13-2007 by Ord. No. 2007-07]
The conferral of certain rights pursuant to Article VII of this chapter prior to final approval after specific elements of a development plan have been agreed upon by the Land Use Board and the applicant.
[Amended 2-13-2007 by Ord. No. 2007-07]
Architectural drawings prepared during early and introductory stages of the design of a project illustrating, in a schematic form, its scope, scale and relationship to its site and immediate environs.
A private driveway with a maximum of forty-foot frontage on an existing approved street. See Note 4 to Schedule of Limitations.[3]
The offices of a dentist, doctor, attorney, engineer, accountant, architect, planner, minister/religious practitioner, insurance or real estate agent and surveyor or similar licensed occupations.
A Master Plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.
The land reserved or dedicated for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.
An open space area conveyed or otherwise dedicated to a municipality, municipal agency, Board of Education, state or county agency or other public body for recreational or conservational uses.
The aspects of a business where stone, shale, slate, gravel or other natural material, including sand, is excavated, crushed, washed, graded and removed from the premises.
[Added 5-8-2007 by Ord. No. 2007-14]
The majority of the full authorized membership of a municipal agency.
Open space devoted to outdoor recreational activities.
A line that is established as a minimum distance away from the street line and beyond which a building is not permitted to extend toward the street line under the provisions of this chapter.
An area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.
The number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.
Any establishment, however designated, at which food is sold for consumption on the premises other than in cars. However, a snack bar or refreshment stand at a public or community swimming pool, playground, playfield or park, operated solely by the agency or group operating the recreational facility, and for the sole convenience of patrons of the facility, shall not be deemed to be a "restaurant."
A restaurant at which any food or refreshments are customarily served to or consumed by any patrons while seated in automobiles or off the premises, regardless of whether or not, in addition thereto, seats or other accommodations are provided for patrons.
A place where the ill, injured, elderly or recuperating patient may convalesce.
The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instruments.
The land and space required on the surface, the subsurface and overhead for the construction, installation and maintenance of materials necessary to provide passageway for vehicular traffic, pedestrians, utility lines, poles, conduits and mains, signs, hydrants, trees and shrubbery and the proper amount of light and air established by local authorities.
A Committee of at least three Land Use Board members appointed by the Chairman of the Board for the purpose of scheduling the hearing of cases to come before the Board. An agenda shall be prepared for each meeting by this Committee, and only cases on this agenda shall be heard by the Board.
[Amended 2-13-2007 by Ord. No. 2007-07]
A method of separating, shielding or blocking noise, lights, view or other nuisances or potential nuisances of one abutting use, activity or structure from another by fencing, walls, berms or densely planted vegetation.
[Added 4-14-1992 by Ord. No. 92-3]
A schedule of income limits that define 50% and 80% of median income by household size. When used herein, "Section 8 income limits" shall refer to the uncapped schedule published by HUD (Federal Department of Housing and Urban Development).
[Added 10-5-1987 by Ord. No. 87-18]
Solid material, both mineral and organic, that is in suspension, is being transported or has been moved from its site of origin by air, water or gravity as a product of erosion.
The depositing of solid material, both mineral and organic, transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
A barrier or dam built at a suitable location to retain rock, sand, gravel, silt or other material.
A household wherein the head of the household is 50 years old or older and there are no children 18 years old or younger.
A housing unit designed and occupied wherein the head of the household is 55 years old or older and there are no permanent resident occupants 18 years old or younger.
[Added 2-11-2003 by Ord. No. 03-2]
Housing which is subsidized by a state or federal agency wherein the housing qualifies as low- and moderate-income housing as defined by the New Jersey Council on Affordable Housing.
[Added 2-11-2003 by Ord. No. 03-2]
A place providing maintenance, service, parts and supplies for motor vehicles, but not including body repair work or the storage of inoperable vehicles.
A line drawn parallel to a street line and drawn through the point of a building nearest to the street line. See "required setback."
A system for the collection, treatment and disposal of sewage by an incorporated municipal utilities authority.
[Added 2-11-2003 by Ord. No. 03-2]
Includes every sign, billboard, ground sign, roof sign, sign painted or printed on the exterior surface of a building or structure, illuminated sign and temporary sign, and shall include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person or product when the same is placed in view of the general public.
A development plan of one or more lots on which is shown the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways; the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices; and any other information that may be reasonably required in order to make an informed determination pursuant to this chapter.
All unconsolidated mineral and organic material of any origin.
A governmental subdivision of this state, which encompasses this municipality, organized in accordance with the provisions of Chapter 24, Title 4, of the New Jersey Statutes.
A building located on a farm or orchard property on which the substantial portion of the products for sale are grown.
See "stand, farm."
Standards adopted by ordinance regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the municipality or required by applicable federal or state laws or municipal ordinances.
That portion of a building included between the surface of any floor and surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it, including those basements used for the principal use. A basement shall be considered a "story" when the distance from grade to the finished surface of the floor above the basement is more than six feet for more than 50% of the total perimeter, or is more than 12 feet at any point.
[Amended 6-13-2017 by Ord. No. 2017-08]
A space under a sloping roof that has the line of intersection of the roof and wall face not more than three feet above the floor level and in which space the possible floor area with headroom of five feet or less occupies at least 40% of the total floor area of the story directly beneath. Half stories shall not be used for residential occupancy except in the case of the detached single-family dwelling.
[Added 6-13-2017 by Ord. No. 2017-08]
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway or which is shown upon a plat heretofore approved pursuant to law or which is approved by official action as provided by this chapter or which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
Streets used primarily for traveling between major concentrations of population and designed to handle greater volumes of traffic than collector or minor streets.
Those which carry traffic from minor streets to the major system of arterial streets.
A permanent local dead-end street terminating in a circular turnaround area.
The dividing line between the street right-of-way and a lot. Where title to land extends to the center of a street, the side line of such street right-of-way shall be deemed to be the "street line."
Streets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
Streets which are used primarily for access to the abutting properties.
Any activity which significantly disturbs vegetated or otherwise stabilized soil surface, including clearing and grubbing operations.
Anything constructed or erected which requires permanent location on the ground or attachment to something having such permanent location including fences, tanks, towers, advertising devices or similar structures.
The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered "subdivisions" within the meaning of this chapter if no new streets created:
Divisions of land found by the Land Use Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size;
[Amended 2-13-2007 by Ord. No. 2007-07]
Divisions of property by testamentary or intestate provisions;
Divisions of property upon court order; and
Conveyances so as to combine existing lots by deed or other instruments.
The term "subdivision" shall also include the term "resubdivision."
A Committee of at least three Land Use Board members appointed by the Chairman for the purpose of determining whether an application for development conforms to the definition of "minor subdivision" in this chapter.
[Amended 2-13-2007 by Ord. No. 2007-07]
Any subdivision not classified as a "minor subdivision."
A vehicle used or designed for the transportation of boats.
A vehicle standing on wheels or rigid supports which is designated or used for living or sleeping purposes.
The area necessary in a parking lot, such as aisles and driveways, for maneuvering vehicles into and out of parking stalls and, in other areas, for allowing vehicles to turnaround.
A dwelling unit in an apartment containing not more than two rooms devoted to sleeping purposes.
Open space designed and developed to be utilized for the purpose of recreation, whether it be parkland, ball fields or playgrounds.
The specific purpose for which a parcel of land or a building or a portion of a building is designed, arranged, intended, occupied or maintained.
A use which is customarily associated with and subordinate to the principal use of a lot or building and which is located on the same lot therewith.
Permission to depart from the literal requirements of the Zoning Article of this chapter.
A system for supplying potable water by an incorporated municipal utilities authority.
[Added 2-11-2003 by Ord. No. 03-2]
An open space exclusive of flora and foliage that lies between the principal or accessory building or buildings and the nearest lot line. Such "yard" is unoccupied and unobstructed from the ground upward except as may be specifically provided in the Zoning Ordinance.
An open space, extending across the full width of the lot and lying between the street right-of-way line and the setback line. The depth of the "front yard" shall be measured at right angles to the street line of the lot.
An open space extending the full width of the lot between the main building and the rear lot line. The depth of the "rear yard" shall be measured from the nearest part of the main building toward the nearest point of the rear lot line and at right angles to the rear lot line.
An open space extending from the front yard to the rear yard between the main building and the side lot line. The width of the required "side yard" shall be measured at right angles from the nearest point on the side lot line toward the nearest part of the main building.
The location of a building on a lot in such a manner that one or more of the building's sides rest directly on a lot line.
The written response issued by the Township Zoning Officer upon request of an applicant to confirm whether the proposed use of specific premises or of any structure located thereon constitutes either a use permitted by ordinance, a use permitted by variance approval subject to any special conditions attached to the grant thereof, a valid nonconforming use or a valid nonconforming structure on the premises.
[Added 2-13-2007 by Ord. No. 2007-01]
[1]
Editor's Note: The definition of “Board of Adjustment,” which immediately followed this definition, was repealed 2-13-2007 by Ord. No. 2007-07. See now the definition of “Land Use Board.”
[2]
Editor's Note: The definition of “Planning Board,” which immediately followed this definition, was repealed 2-13-2007 by Ord. No. 2007-07. See now the definition of “Land Use Board.”
[3]
Editor's Note: The Schedule of Limitations is included at the end of this chapter.
§ 255-3.1 Prohibited activities.
[Added 5-8-2007 by Ord. No. 2007-14]
A.
Quarrying and mining. The activities of quarrying and mining or any combinations of same are hereby prohibited in all zone districts of Independence Township with the exception of the AR (Agricultural Residential) and I (Industrial) Zone Districts, wherein said activities shall constitute principal permitted uses.
B.
The following uses are also expressly prohibited in all zone districts:
[Added 7-13-2021 by Ord. No. 2021-04]
(1)
The operation of any and all classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in this chapter and in Section 3 of P.L. 2021, c. 16,[1] but not the delivery of cannabis items and related supplies within the Township by a cannabis delivery service located outside the Township.
[1]
Editor's Note: See N.J.S.A. 24:6I-33.
§ 255-4 Rules and regulations of administrative bodies.
[Amended 2-13-2007 by Ord. No. 2007-01; 2-13-2007 by Ord. No. 2007-07]
The Township Committee and Land Use Board shall adopt and may amend reasonable rules and regulations, not inconsistent with the Municipal Land Use Law of 1975, P.L. 1975, c. 291, or this chapter for the administration of their functions, powers and duties and shall furnish a copy thereof to any person upon request and may charge a reasonable fee, as established by Chapter 72, Public Access to Records, for such copy. Copies of all such rules and regulations and amendments thereto shall be maintained in the office of the Township Clerk.
§ 255-5 Meetings; quorums.
Every Township agency shall, by its rules, fix the time and place for holding its regular meetings for business authorized to be conducted by such agency. Regular meetings of the Township agency shall be scheduled not less than once a month and shall be held as scheduled unless canceled for lack of applications for development to process. The Township agency may provide for special meetings, at the call of the Chairman or on request of any two of its members, which shall be held on notice to its members and the public in accordance with the provisions of the Open Public Meetings Act, P.L. 1975, c. 231, and agency regulations. No action shall be taken at any meetings without a quorum being present. All actions shall be taken by a majority vote of a quorum. Nothing herein shall be construed to contravene any statute providing for procedures for governing bodies.
§ 255-6 Meetings to be public; executive session; minutes.
B.
An executive session for the purposes of discussing and studying any matters to come before the agency shall not be deemed a regular or special meeting within the meaning of this chapter.
C.
Minutes of every regular or special meeting shall be kept and shall include the names of all persons appearing and addressing the Township agency and of the persons appearing by attorney, the action taken by the Township agency, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Township Clerk. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes. Such interested party may be charged a fee as established by § 255-17 for reproduction of the minutes for his use.
§ 255-7 Hearings.
A.
The Township agency shall hold a hearing on each application for development or adoption, revision or amendment of the Master Plan.
B.
The Township agency shall make the rules governing such hearings. Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing during normal business hours in the office of the Township Clerk. The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
C.
The officer presiding at the hearing or such person as he may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law, P.L. 1953, c. 38, shall apply.
D.
The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
E.
Technical rules of evidence shall not be applicable to the hearing, but the Chairman of the agency may exclude irrelevant, immaterial or unduly repetitious evidence.
F.
The Township agency shall provide for the verbatim recording of the proceedings by either stenographic, mechanical or electronic means. The Township agency shall furnish a transcript, or duplicate recordings in lieu thereof, on request to any interested party at his expense.
G.
Each decision on any application for development shall be in writing and shall include findings of fact and conclusions based thereon.
H.
A copy of the decision shall be mailed by the Secretary of the Township agency within 10 days of the date of decision to the applicant, or if represented then to his attorney, without separate charge. An interested party may obtain a copy of the decision by requesting an official copy of same pursuant to the Open Public Records Act and paying the fee prescribed therefore. A copy of the decision shall also be filed by the Township agency in the office of the Township Clerk. The Township Clerk shall make a copy of such filed decision available for public inspection at his or her office during Township business hours.
[Amended 2-13-2007 by Ord. No. 2007-01]
I.
A brief notice of the decision shall be published in the official newspaper of the Township or, if there is one, a newspaper of general circulation in the Township. Such publication shall be arranged by the Secretary or Clerk of the municipal agency, provided that the applicant may, in any case, provide for publication of the decision. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision.
[Amended 2-13-2007 by Ord. No. 2007-01]
§ 255-8 Contents of notice of hearing on application for development or adoption of Master Plan.
Notices pursuant to §§ 255-9 and 255-10 shall state the date, time and place of the hearing, the nature of the matters to be considered and, in the case of notices pursuant to § 255-9, an identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Township Tax Assessor's office and the location and times at which any maps and documents for which approval is sought are available pursuant to § 255-7B.
§ 255-9 Notice of hearing on applications.
[Amended 10-9-1979; 10-24-1985 by Ord. No. 85-10; 2-13-2007 by Ord. No. 2007-01]
Notice pursuant to Subsections A, B, D, E, F, G and H of this section shall be given by the applicant and shall be given at least 10 days prior to the date of the hearing.
A.
Public notice of a hearing shall be given for an extension of approvals for five or more years under N.J.S.A. 40:55D-49 and N.J.S.A. 40:55D-52; for modification or elimination of a significant condition or conditions in a memorializing resolution in any situation wherein the application for development for which the memorializing resolution is proposed for adoption required public notice, and for any other applications for development, with the following exceptions: (1) conventional site plan review pursuant to N.J.S.A. 40:55D-46, (2) minor subdivisions pursuant to N.J.S.A. 40:55D-47 or (3) final approval pursuant to N.J.S.A. 40:55D-50; notwithstanding the foregoing, the governing body may by ordinance require public notice for such categories of site plan review as may be specified by ordinance, for appeals of determinations of administrative officers pursuant to N.J.S.A. 40:55D-70, and for requests for interpretation pursuant to N.J.S.A. 40:55D-70. Public notice shall also be given in the event that relief is requested pursuant to N.J.S.A. 40:55D-60 or N.J.S.A. 40:55D-76 as part of an application for development otherwise excepted herein from public notice. In addition, public notice shall be given by a public entity seeking to erect an outdoor advertising sign on land owned or controlled by a public entity as required pursuant to N.J.S.A. 40:55D-31 or, if so provided by ordinance adopted pursuant to N.J.S.A. 40:55D-39, by a private entity seeking to erect an outdoor advertising sign on public land or on land owned by a private entity. Public notice shall be given by publication in the official newspaper of the Township, if there be one, or in a newspaper of general circulation in the Township.
B.
Except as provided in Subsection H(2) of this section, notice of a hearing requiring public notice pursuant to Subsection A of this section shall be given to the owners of all real property as shown on the current tax duplicates, located in the state and within 200 feet in all directions of the property which is the subject of such hearing; provided that this requirement shall be deemed satisfied by notice to the (1) condominium association, in the case of any unit owner whose unit has a unit above or below it, or (2) horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by serving a copy thereof on the property owner as shown on the said current tax duplicate, or his agent in charge of the property, or mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners, or homeowners on account of such common elements or areas.
C.
Upon the written request of an applicant, the administrative officer of a municipality shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection B of this section. In addition, the administrative officer shall include on the list the names, addresses and positions of those persons who, not less than seven days prior to the date on which the applicant requested the list, have registered to receive notice pursuant to Subsection H of this section. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner, to any public utility, cable television company, or local utility or to any military facility commander not on the list shall not invalidate any hearing or proceeding. A fee as set forth in § 255-17 shall be charged for such list.
D.
Notice of hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality.
E.
Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing county road or proposed road shown on the official county map or on the county master plan, adjoining other county land or situated within 200 feet of a municipal boundary.
F.
Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.
G.
Notice shall be given by personal service or certified mail to the State Planning Commission of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. The notice shall include a copy of any maps or documents required to be on file with the Township Clerk pursuant to N.J.S.A. 40:55D-10.
H.
Notice of hearings on applications for approval of a major subdivision or a site plan not defined as a minor site plan under this act requiring public notice pursuant to Subsection A of this section shall be given:
(1)
In the case of a public utility, cable television company or local utility which possesses a right-of-way or easement within the municipality and which has registered with the municipality in accordance with N.J.S.A. 40:55D-12.1, by:
(a)
Serving a copy of the notice on the person whose name appears on the registration form on behalf of the public utility, cable television company or local utility; or
(b)
Mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form.
(2)
In the case of a military facility which has registered with the municipality and which is situated within 3,000 feet in all directions of the property which is the subject of the hearing, by:
I.
The applicant shall file an affidavit of proof of service with the municipal agency holding the hearing on the application for development in the event that the applicant is required to give notice pursuant to this section.
§ 255-10 Notice of hearing on adoption or revision of Master Plan.
[Amended 2-13-2007 by Ord. No. 2007-07]
The Land Use Board shall give:
A.
Public notice of a hearing on adoption, revision or amendment of the Master Plan; such notice shall be given by publication in the official newspaper of the Township or, if there is one, in a newspaper of general circulation in the Township at least 10 days prior to the date of the hearing.
B.
Notice by personal service or certified mail to the Clerk of an adjoining municipality of all hearings on adoption, revision or amendment of a Master Plan involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of any hearing.
C.
Notice by personal service or certified mail to the County Planning Board of:
(1)
All hearings on adoption, revision or amendment of the Township Master Plan at least 10 days prior to the date of the hearing. Such notice shall include a copy of any proposed Master Plan or any revision or amendment thereto.
(2)
The adoption, revision or amendment of the Master Plan not more than 30 days after the date of such adoption, revision or amendment. Such notice shall include a copy of the Master Plan or revision or amendment thereto.
§ 255-11 Effect of mailing of notice.
§ 255-12 Notice of hearings for development regulation change involving property adjoining other municipality or capital improvement program.
A.
Notice by personal service or certified mail shall be made to the Clerk of an adjoining municipality of all hearings on the adoption, revision or amendment of a development regulation involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of any such hearing.
B.
Notice by personal service or certified mail shall be made to the County Planning Board of all hearings on the adoption, revision or amendment of any development regulation at least 10 days prior to the date of the hearings and the adoption, revision or amendment of the Township capital improvement program or Township Official Map not more than 30 days after the date of such adoption, revision or amendment. Any notice provided hereunder shall include a copy of the proposed development regulation, the Township Official Map or the Township capital improvement program, or any proposed revision or amendment thereto, as the case may be.
C.
Notice of hearings to be held pursuant to this section shall state the date, time and place of the hearing and the nature of the matters to be considered. Any notice by certified mail pursuant to this section shall be deemed complete upon mailing.
§ 255-13 Filing of development regulations.
The Township Clerk shall file with the County Planning Board, as soon after passage as possible, all development regulations, including this chapter, and any amendment or revisions thereto and file and maintain for public inspection said regulations in the office of the Clerk.
§ 255-14 Appeals.
A.
Any interested party may appeal to the Township Committee a final decision of the Board of Adjustment approving an application for development pursuant to § 255-74A(4)[1] or any final decision of the Land Use Board pursuant to N.J.S.A. 40:55D-17 of the Municipal Land Use Law. Such appeal shall be made within 10 days of the date of publication of such final decision pursuant to § 255-7H. The appeal to the Township Committee shall be made by serving the Township Clerk, in person or by certified mail, with a notice of appeal, specifying the grounds therefor and the name and address of the appellant and name and address of his attorney, if represented. Such appeal shall be decided by the Township Committee only upon the record established before the Land Use Board.
[Amended 2-13-2007 by Ord. No. 2007-07]
B.
Notice of the meeting to review the record below shall be given by the Township Committee by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to § 255-7H and to the Board from which the appeal is taken at least 10 days prior to the date of the meeting. The parties may submit oral and written argument on the record at such meeting, and the Township Committee shall provide for verbatim recording and transcripts of such meetings pursuant to § 255-7F.
C.
The appellant shall (1) within five days of service of the notice of the appeal pursuant to Subsection A hereof, arrange for a transcript pursuant to N.J.S.A. 40:55D-10 for use by the Township Committee and pay a deposit of $50 or the estimated cost of such transcript, whichever is less; or (2) within 35 days of service of the notice of appeal, submit a transcript as otherwise arranged to the Township Clerk; otherwise, the appeal may be dismissed for failure to prosecute. The Township Committee shall conclude a review of the record below not later than 95 days from the date of publication of notice of the decision unless the appellant consents in writing to an extension of such period. The appellant shall arrange for a transcript pursuant to § 255-7 or otherwise, for use by the Township Committee, and shall submit proof, upon the filing of his notice of appeal or within 10 days thereof, that he has ordered said transcript. Failure of the Township Committee to hold a hearing and conclude a review of the record below and to render a decision within such specified period, without such written consent, shall constitute a decision affirming the action of the Board.
[Amended 2-13-2007 by Ord. No. 2007-01]
D.
The Township Committee may reverse, remand, or affirm with or without the imposition of conditions the final decision of the Land Use Board approving a variance pursuant to N.J.S.A. 40:55D-70. The review shall be made on the record made before the Land Use Board.
[Amended 2-13-2007 by Ord. No. 2007-01; 2-13-2007 by Ord. No. 2007-07]
E.
The affirmative vote of a majority of the full authorized membership of the Township Committee shall be necessary to reverse or remand to the Land Use Board or to impose conditions on or alter conditions to any final action of the Land Use Board. Otherwise the final action of the Land Use Board shall be deemed to be affirmed; a tie vote of the Township Committee shall constitute affirmance of the decision of the Land Use Board.
[Amended 2-13-2007 by Ord. No. 2007-01; 2-13-2007 by Ord. No. 2007-07]
F.
An appeal to the Township Committee shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the Board from whose action the appeal is taken certifies to the Township Committee, after the notice of appeal shall have been filed with such Board, that, by reason of facts stated in the certificate, a stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court upon application, upon notice to the Board from whom the appeal is taken and upon good cause shown.
G.
The Township Committee shall mail a copy of the decision to the appellant, or, if represented, then to his attorney, and to the applicant, without separate charge, and for a fee as established pursuant to the Open Public Records Act to any interested party who has requested it, not later than 10 days after the date of the decision. A brief notice of the decision shall be published in the official newspaper of the Township or, if there is one, a newspaper of general circulation in the Township. Such publication shall be arranged by the Township Clerk, provided that the applicant may arrange such publication if he so desires. The period of time in which an appeal to a court of competent jurisdiction may be made shall run from the first publication, whether arranged by the Township or the applicant.
[Amended 2-13-2007 by Ord. No. 2007-01]
H.
Nothing herein shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction according to law.
§ 255-15 Enforcement; violations and penalties.
A.
The Township Committee and Zoning Enforcement Officers appointed pursuant to § 255-20 shall enforce this chapter. In case any building or structure is erected, constructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter, the Township Committee and its agents or an interested party, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
B.
Except where otherwise provided, for any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of the provisions of this chapter or any other decisions or determination by the municipal agency, upon conviction, the penalty shall be a minimum fine of $100 and a maximum penalty of one or more of the following: a fine not exceeding $2,000, imprisonment not exceeding 90 days or a period of community service not exceeding 90 days. Except as otherwise provided, each and every day in which a violation of any provision of this chapter exists shall constitute a separate violation.
[Amended 2-13-2007 by Ord. No. 2007-01]
§ 255-16 Conditional approval.
A.
In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by any state agency, political subdivision or any other party to protect the public health and welfare or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the approving authority shall process such application for development in accordance with this chapter and, if such application for development complies with the requirements of this chapter, the approving authority shall approve such application conditioned on removal of such legal barrier to development.
B.
In the event that development proposed by an application for development requires an approval by a governmental agency other than the approving authority, the approving authority shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency, provided that the approving authority shall make a decision on any application for development within the time period provided in this chapter or within an extension of such period as has been agreed to by the applicant unless the approving authority is prevented or relieved from so acting by the operation of law.
§ 255-17 Fees and deposits.
[Amended 7-14-1980; 11-10-1980; 6-8-1981; 12-29-1986 by Ord. No. 86-18; 10-11-1988 by Ord. No. 88-27; 10-13-1989 by Ord. No. 89-20]
A.
Fees. Fees shall be as follows:
(4)
Application for conditional use: $75.
(5)
Appeal pursuant to § 255-74A(1), error in order, requirement, decision or refusal made by the Zoning Enforcement Officer, to be refunded if appeal is successful: $75.[1]
(6)
Appeal pursuant to § 255-74A(2), requests for interpretation of the Zoning Map or Zoning Article of this chapter or for decisions upon other special questions upon which such Board is authorized to pass by the Zoning Article, including a request for zone change: $150.[2]
(8)
Appeal pursuant to § 255-74A(4), use variance: $200.[4]
[4]
Editor's Note: The Board of Adjustment, the powers of which were formerly contained in § 255-74, was repealed 2-13-2007 by Ord. No. 2007-07. Its powers and duties are now exercised by the Land Use Board. See Art. II of this chapter. Former Subsection A(9), regarding appeal to governing body from decision of municipal agency, which immediately followed this subsection, was deleted 2-13-2007 by Ord. No. 2007-01.
(9)
Copies of documents: $2 for first page; $1 for each additional page. A page is an individual sheet of an area of 8 1/2 inches by 14 inches or smaller; larger will be $4 for the first page and $2 for each additional page.
(10)
To the Township Clerk for a certificate of compliance: $10.
(11)
To the Township Tax Assessor for preparing a list of property owners within 200 feet of a particular lot: $0.25 per name or $10, whichever is greater.
[Amended 2-13-2007 by Ord. No. 2007-01]
(12)
To the Zoning Enforcement Officer for issuance of a sign permit: $15.
(13)
To the Tax Collector for certification of all taxes paid to date: $10.
(14)
Sketch-conceptual plat fee: $100. Review time shall be limited to 15 minutes.
(15)
Application for extension of preliminary subdivision or site plan: $250.
[Added 10-8-1991 by Ord. No. 91-5]
(16)
Application for extension of final subdivision or site plan: $200.
[Added 10-8-1991 by Ord. No. 91-5]
(17)
Tax Map revisions.
[Added 2-8-2000 by Ord. No. 00-1; amended 2-13-2007 by Ord. No. 2007-07]
(a)
The following fees shall be paid by the applicant at the time of passage of a resolution of subdivision approval by the Land Use Board of the Township of Independence for the cost of making updates and modifications to the Tax Maps of the Township of Independence relating to said applications:
(b)
Payment of the fees required herein shall be an expressed condition of any subdivision approval granted by the Independence Township Land Use Board.
B.
When an application for development contains a request for more than one form of relief, the applicant shall not be required to submit more than one application fee but shall only be charged for the highest application fee among the various applications as may be sought.
C.
Deposits.
(1)
In addition to the filing fee, the developer shall submit with all applications for development a deposit to cover the cost of review services provided by the Township Attorney, municipal agency attorney, Township Assessor, Township Engineer, Land Use Board Engineer and others utilized by the Township in reviewing the application.
[Amended 2-13-2007 by Ord. No. 2007-07]
(2)
The deposit shall be placed in a trust account of the Township Treasurer. The Treasurer shall charge to said account the cost of all review services.
(3)
The amount of deposit shall be:
(d)
Subdivision, preliminary, Article VII: The fees for site plan review escrow shall be based on the costs of improvements, exclusive of buildings, including but not limited to construction and installation costs of grading, pavement, surveyor's monuments, drainage structures, storm sewers, sanitary sewers, water mains, fire protection features, streets, gutters, sidewalks, culverts, streetlighting, shade trees and landscaping, parking areas, street signs, sedimentation and erosion control devices, public improvements of open space and any other on-tract improvements. Said fees are as follows:
Cost | Fee | |
|---|---|---|
$0 to $3,000 | 25% of the total or $500, whichever is greater | |
$3,001 to $5,000 | $750 plus 20% of the amount over $3,001 | |
$5,001 to $25,000 | $1,150 plus 15% of the amount over $5,001 | |
$25,001 to $50,000 | $4,150 plus 10% of the amount over $25,001 | |
$50,001 to $99,999 | $8,500 | |
$100,000 to $249,999 | $10,000 | |
$250,000 to $495,999 | $12,500 | |
$500,000 to $749,999 | $13,800 | |
$750,000 to $999,999 | $15,000 | |
$1,000,000 and over | $16,000 |
(e)
Site plan, final, Article VII: 25% of the preliminary site plan fee or $500, whichever is greater.
(h)
Sketch-conceptual plat: no charge.
(i)
Extension of preliminary or final subdivision: $1,000.
[Added 10-8-1991 by Ord. No. 91-5]
(j)
Extension of preliminary or final site plan: $1,000.
[Added 10-8-1991 by Ord. No. 91-5]
(4)
All deposits shall be paid at the time the application is submitted by the developer. In instances where deposits relate to the estimated cost of site improvements, the term "improvements" shall be deemed to relate only to site improvements required by the Land Development Ordinance site plan approval. The deposit in these instances shall initially be based upon the applicant's estimate of the improvement costs. This deposit shall be subject to verification by the Board Engineer. If the Board Engineer determines that the deposit submitted is less than the percentage of improvements as required by this chapter or in the event that the cost of review services shall exceed the deposit amount, additional funds in an amount set by the municipal agency shall be submitted by the developer. Failure to deposit the additional sum shall be grounds for denial of the application. There shall be an additional fee due and owing whenever the original fee paid into escrow is reduced by charges against the account to 25% or less of the original fee. The Secretary of the Land Use Board shall, in writing, require the applicant to provide an additional 25% of the original fee, which additional fee shall be payable prior to the Land Use Board's considering in any way or hold hearing on or public or private discussion of any site plan, subdivision or other matter before the Land Use Board. The Land Use Board shall not discuss, consider or in any way, make any recommendations for a proposed site plan at a regular meeting or work session of the Land Use Board when the additional fees have not been paid. Within 90 days of the final determination and review and/or inspection as maybe required, the Board Clerk shall forthwith submit to the applicant a complete accounting of the costs expended and shall authorize the Township Committee to return any unused portion of the deposit.
[Amended 2-13-2007 by Ord. No. 2007-01; 2-13-2007 by Ord. No. 2007-07]
(5)
When an application for development contains a request for more than one form of relief, deposits shall be paid for each form of relief in accordance with this section.
§ 255-18 Waiver of fees and deposits.
[Added 6-8-1981]
The approving authority, with the written consent of the Township Committee, may waive all or part of the application fees or deposits required by § 255-17 if the municipal agency determines that extraordinary circumstances beyond the total control of the applicant exist, which circumstances warrant relief pursuant to this section. Any such determination by the approving authority shall be in the form of a written resolution referred to the Township Committee indicating the reasons for the request of a waiver of fees and/or deposits pursuant to this section.
§ 255-19 Proof that no taxes or assessments are due.
[Amended 2-13-2007 by Ord. No. 2007-07]
Each application for development shall be accompanied by proof, in the form of a tax and assessment search, certification of the Tax Collector that all taxes and assessments are paid to date or other proof acceptable to the Board, that no taxes or assessments for local improvements are due or delinquent on the property for which any application for development is made before the Land Use Board. These applications include but are not limited to variances, conditional uses, site plan approvals and subdivision approvals.
§ 255-20 Zoning Enforcement Officer and Assistant Zoning Enforcement Officer.
There is herewith created the office of Zoning Enforcement Officer and Assistant Zoning Enforcement Officer, both of whom may hold another appointive office in the Township. Said Officer shall be appointed by and have compensation fixed by the Township Committee. It shall be the duty of the Zoning Enforcement Officer to enforce this chapter according to its provisions and issue zoning permits when proposed construction, alteration or use would not be in violation of this chapter. The Assistant Zoning Enforcement Officer shall perform the duties of the Zoning Enforcement Officer in the absence or inability to perform of the Zoning Enforcement Officer.
§ 255-21 Guaranties.
[Added 10-24-1985 by Ord. No. 85-10]
A.
As a condition of final approval, the reviewing Board may require and shall accept, in accordance with the standards adopted by this chapter, for the purpose of assuring the installation and maintenance of on-tract improvements:
(1)
The furnishing of a performance guaranty in favor of the municipality in an amount not to exceed 120% of the cost of installation for improvements it may deem necessary or appropriate, including streets, grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees, surveyors' monuments, as shown on the final map and required by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), water mains, culverts, storm sewers, sanitary sewers or other means or sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and other on-site improvements and landscaping, provided that no more than 10% of the total performance guaranty shall be in cash and the balance shall be in the form of any other security as may be approved by the Township Attorney. All performance guaranties shall guarantee that the improvements shall be completed within the stipulated time or no longer than two years from final approval if no time is stipulated. The applicant shall prepare an itemized estimate of the cost of the improvements. The estimate shall list all improvements by description, unit and quantity with cost per unit. Costs shall be based on contract costs subject to the Prevailing Wage Act[1] which would apply if the Township were to be contracting to do the work. The estimate shall be submitted to the Township Engineer for his review and approval at least two weeks prior to the meeting at which final approval is requested.
[1]
Editor's Note: See N.J.S.A. 34:11-56.25 et seq.
(2)
The furnishing of a maintenance guaranty to be posted with the governing body for a period not to exceed two years after final acceptance of the improvement, in an amount not to exceed 15% of the cost of the improvement. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or that the improvements are covered by performance or maintenance guaranty, as the case may be, no performance guaranty shall be required for such utilities or improvements.
B.
The amount of any performance guaranty may be reduced by the Township Committee, by resolution, when portions of the improvements have been certified by the Municipal Engineer to have been completed. The time allowed for installation of the improvements for which the performance guaranty has been provided may be extended by the Township Committee by resolution.
C.
If the required improvements are not completed or corrected in accordance with the performance guaranty, the obligor and surety, if any, shall be liable thereon to the municipality for the reasonable cost of the improvements not completed or corrected, and the municipality may, either prior to or after the receipt of the proceeds thereof, complete such improvement.
D.
When all of the required improvements have been completed, the obligor shall notify the Township Committee in writing, by certified mail, addressed in care of the Municipal Clerk, of the completion of said improvements and shall send a copy thereof to the Municipal Engineer. At that time the obligor shall furnish one Mylar reproducible set of plans for the improvements which shall be certified by the applicant's engineer and surveyor to show as-built conditions and said set shall be marked "As Completed." Thereupon the Municipal Engineer shall inspect all of the improvements and shall file a detailed report, in writing, with the Township Committee, indicating either approval, partial approval or rejection of the improvements with a statement of reasons for any rejection. If partial approval is indicated, the cost of the improvements rejected shall be set forth.
E.
The governing body shall either approve, partially approve or reject the improvements, on the basis of the report of the Municipal Engineer, and shall notify the obligor in writing, by certified mail, of the contents of said report and the action of said reviewing Board with relation thereto, not later than 65 days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty, except for that portion adequately sufficient to secure provision of the improvements not yet approved. Failure of the Township Committee to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from all liability, pursuant to such performance guaranty.
F.
If any portion of the required improvements is rejected, the reviewing Board may require the obligor to complete such improvements, and upon completion, the same procedure of notification, as set forth above in this section, shall be followed.
§ 255-22 Permits.
[Added 10-24-1985 by Ord. No. 85-10; amended 10-12-2004 by Ord. No. 04-5; 3-16-2017 by Ord. No. 2017-02]
A.
Zoning permit.
[Amended 6-13-2017 by Ord. No. 2017-08]
(1)
Any person seeking to change a use or to erect, construct or reconstruct a structure shall apply to the Zoning Officer for a zoning permit.
(2)
Each application for a zoning permit shall be accompanied by a fee in accordance with the following schedule:
Application Type | Fee |
|---|---|
Renovations and accessory buildings/structures not exceeding an estimated cost of $10,000 | $35 |
Renovations and accessory buildings/structures in excess of an estimated cost of $10,000 | $50 |
New residential dwelling or per building for townhouses and condos | $100 |
Commercial buildings: construction, renovations, alterations and/or change of use not exceeding estimated cost of $100,000 | $75 |
Commercial buildings: construction, renovations, alterations and/or change of use estimated to exceed the cost of $100,000 | $100 |
B.
Administrative officer and issuance of permits.
(1)
The provisions of this chapter shall be administered and enforced by the Zoning Officer of the Township of Independence. In no case shall a permit be granted for the construction or alteration of any building nor to alter the use of any land, where the proposed construction, alteration or use thereof would be in violation of any provision of this chapter.
(2)
It shall be the duty of the Zoning Officer to issue the proper zoning permit when he is satisfied that the structure, parking area or other use requiring a permit conforms to all requirements of this chapter. The Zoning Officer shall have the right to enter any premises or building during the daytime in the course of his duties.
C.
Records. It shall be the duty of the Zoning Officer to keep a record of all applications for permits and all permits issued, with a notation of all special conditions involved.
D.
Existing permitted uses. Upon written request from the owner, tenant, occupant or purchaser under contract, the Zoning Officer, after inspection, shall issue a zoning permit for any legally existing uses on the property, certifying the extent and type of use and whether any such existing use conforms to the provision of this chapter.
E.
Denial. Failure to comply with any of the requirements of this chapter shall result in the denial of a zoning permit.
F.
Revocation. Failure to comply with any of the requirements of this chapter shall result in the revocation of a previously issued zoning permit.
§ 255-23 Inspections.
[Added 10-24-1985 by Ord. No. 85-10]
A.
Prior to beginning any construction pursuant to approval of the reviewing Board, the developer shall arrange for a preconstruction conference among the developer, contractor and Municipal Engineer, at which time the Municipal Engineer shall provide to the developer a written schedule of what items must be inspected by the Engineer and at what intervals. The Municipal Engineer shall be notified by certified mail by the developer at least 72 hours in advance of the start of construction. The cost of inspections shall be the responsibility of the developer, who shall reimburse the Township for all reasonable inspection fees by submitting a certified check or bank money order to the Township Clerk. This fee shall be in addition to the amount of the performance guaranty and all application fees as outlined above and shall be deposited initially in the amount of 5% of the cost of construction as a condition of preliminary approval. The funds shall be deposited in an interest-bearing account. Upon completion of the development and all inspections, the developer shall receive an accounting of the expended funds. Any unspent funds shall be returned to the developer. Should the initial deposit be insufficient to cover inspection costs, the developer shall deposit additional sums upon notice from the Township Clerk, each additional deposit being in amounts not to exceed 50% of the initial deposit. [1]
B.
The estimate of construction cost shall be prepared by the applicant in accordance with the requirements of § 255-21 above and shall be submitted to the Township Engineer for his review and approval at least two weeks prior to the preconstruction conference. Underground electric, telephone and cable television facilities shall not be included in the estimate, although underground facilities which cross roads which are to be maintained by the Township shall be installed under the inspection and approval of the Township Engineer.
C.
No occupancy permits shall be issued until all municipally required improvements are installed; provided, however, that the Construction Official may authorize the issuance of certificates of occupancy if it is determined that adequate security has been posted to guarantee completion of the remaining incompleted items, that the items remaining to be completed cannot or should not be installed at that time and that the items to be completed are not of such a nature as to cause a significant danger to the occupants of the premises for which a permit is sought. (See Article I, § 255-22, Permits.)
§ 255-24 Checklists.
[Added 3-13-1989 by Ord. No. 89-1]
A.
In accordance with N.J.S.A. 40:55D-10.3, the documents entitled the "Independence Township Preliminary Subdivision Plat Checklist," the "Independence Township Final Subdivision Plat Checklist," the "Preliminary Site Plan Checklist," the "Final Site Plan Checklist" and the "Minor Subdivision Checklist," copies of which are annexed hereto and filed with the Township Clerk in permanent record of the Township, are hereby made a part of this chapter without inclusion of the text thereof.
B.
Prior to preliminary subdivision or site plan approval by the Land Use Board of the Township of Independence wherein the developer seeks to create a new street or road, as a result thereof the developer shall, as a checklist requirement for the preliminary approval thereof, obtain a name of the street(s) to be placed on the plat(s) so submitted to be chosen from a list of approved street names as established by the Township Committee. No street shall have a name which will duplicate or so nearly duplicate as to be confused with the names of existing streets. In all instances where a new street or road is the continuation of an existing street, it shall have the same name as the existing street.
[Added 6-12-1990 by Ord. No. 90-6; 2-13-2007 by Ord. No. 2007-07]
C.
There are hereby established checklist requirements requiring the information as set forth in the following forms[1] to be supplied or waivers thereof granted in connection with the zoning variances and/or applications for the direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 and N.J.S.A. 40:55D-36 before the Independence Township Land Use Board.
[Added 6-11-1991 by Ord. No. 91-3; 2-13-2007 by Ord. No. 2007-01; 2-13-2007 by Ord. No. 2007-07]
[1]
Editor's Note: The forms are on file in the Township offices.
D.
The checklist requirements for an application for the extension of any preliminary or final site plan or subdivision which is applied for in accordance with the provisions of N.J.S.A. 40:55D-49d or N.J.S.A. 40:55D-52a, as the case may be, shall provide the following information to permit a determination of completeness:
[Added 10-8-1991 by Ord. No. 91-5]
(1)
Six copies of applications and two sets of fully approved plans.
(2)
Payment of fees and deposits as required by the ordinance and proof that payment of real property taxes and assessments have been made to the date of the meeting at which the application is to be heard.
(3)
Three copies of completed checklist received by the Land Use Board Clerk at least two weeks before the date of the anticipated meeting.
[Amended 2-13-2007 by Ord. No. 2007-07]
(4)
Two copies of the original resolution of approval by the Independence Township Land Use Board and a certified statement by the applicant of the satisfaction of all conditions of approval (including copies of all outside agency approval letters or permits obtained to date) or a certified statement by the applicant of those items representing conditions of approval which have not yet been complied with.
[Amended 2-13-2007 by Ord. No. 2007-07]
(5)
A list of all holders of 10% or more of the stock of the applicant and/or owner, if either is a corporation, or the holders of 10% or more of an interest in a partnership, or a statement that neither of the preceding lists are required pursuant to N.J.S.A. 40:55D-48.1.
(6)
Three copies of as-builts for any work completed to the date of the application or a certified statement from the applicant's engineer that no work has been performed to the date of the application.
(7)
A certification by the applicant's engineer describing all ordinance changes affecting the development since the date of the original approval.
(8)
A certified statement by the applicant of the status of all bonds and guaranties posted with the municipality or any other governmental entity, as well as copies of any and all development agreements, if any.
(9)
A certification that the applicant is the owner of the land or is acting with the permission or as the agent thereof.