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Lafayette City Zoning Code

§ 13-13E.1

Purpose.

[Ord. No. 2012-06 § 13-13E.1]
The purposes for ridgeline and hillside protection include protection of community character, which is, in part; defined by scenic views and vistas of the Township's hilly and mountainous terrain. These features in the terrain establish the setting and essential character of a community.
Ridgeline and hillside viewsheds and vistas are valued assets of the landscape which require protection from destruction, diminution and loss that can result in visually undesirable impacts of development. Lafayette Township's unique topography is characterized by sloped hillsides and distant ridgelines, which meet areas of lesser slope, near the top of hills. This line where the hillside meets the edge of the change in slope is perceived to be the ridgeline (top of the hill) when viewed from the public way or public areas or public open space. Undisturbed sloped hillsides enhance Lafayette's ridgeline and hillside viewshed, and these hillside areas contribute heavily to the undisturbed quality of these distant views.
Development along the ridgeline and side slopes of hills at elevations near and proximal to the elevation of the ridgeline results in undesirable visual impacts and changes in valuable views and vistas. A "ridgeline and hillside viewshed protection area" is identified, which includes ridgeline and hillside topography located above approximately 640 feet elevation. The purpose of ridgeline protection in Lafayette Township includes protection of slopes, forested and open areas and views of these features found within the ridgeline and hillside viewshed protection area. Development controls are designed to prevent such undesirable visual impacts and in other cases to limit disturbance and minimize the visual impact of permitted development to the extent reasonably achievable.
The regulation of development within the ridgeline and hillside protection area is intended to promote a desirable visual environment through good civic design and arrangements by requiring development to be sited behind existing vegetation and requiring the establishment of vegetated buffers ('areas of protection') to screen proposed development within ridgeline and hillside viewshed protection areas from public view in accordance with the purposes of zoning, which are found at N.J.S.A. 40:55D-2.
The purpose of ridgeline and hillside viewshed protection includes the tree and forest protection, the maintenance of views of open agricultural fields and minimizing land disturbance within the defined ridgeline and hillside viewshed protection area, except as otherwise specifically permitted under this section. This ridgeline and hillside viewshed protection ordinance seeks to protect the scenic views and vistas of vegetated areas and open fields located within the Ridgeline and Hillside Viewshed Protection Area as viewed from the public way, public area or public open space.
a. 
Municipal Land Use Law Purposes. The public purposes for ridgeline and hillside protection are also derived from the purposes of zoning, which are found in the Municipal Land Use Law at N.J.S.A. 40:55D-2. The following purposes of the law reinforce the local rationale for ridgeline and hillside protection and the objective of preserving the view of the ridgelines and hillside views for the benefit of the general public.
1. 
To ensure that the development of individual municipalities does not conflict with the development and general welfare of neighboring municipalities, the County and the State as a whole (N.J.S.A. 40:55D-2d).
2. 
To provide sufficient space in appropriate locations for a variety of residential uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all New Jersey citizens (N.J.S.A. 40:55D-2g).
3. 
To promote conservation of open space and valuable natural resources in the State and to prevent urban sprawl and degradation of the environment through the improper use of land (N.J.S.A. 40:55D-2j).