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Lafayette City Zoning Code

§ 13-13E.6

Exemptions.

[Ord. No. 2012-06 § 13-13E.6; Ord. No. 2018-14 §§ 1—3]
The following activities are exempt from the Ridgeline and Hillside Viewshed Protection Area requirements:
a. 
Planting of trees, landscaping and/or screening associated with any use or development, not involving the removal of any trees.
b. 
Agricultural activities as provided in accordance with the Right to Farm Act.
c. 
Forestry activities when conducted in accordance with approved Forestry Management Plan regulated by the New Jersey Department of Environmental Protection — Division of Parks and Forestry or New Jersey Forest Service.
d. 
No certificate of compliance shall be required for an addition to an existing dwelling or garage 500 square feet or smaller located within the Ridgeline and Hillside Viewshed Protection Area except when such addition shall increase the footprint and/or gross floor area of a dwelling by more than 35%. Incremental additions occurring after the date of adoption of this section (February 16, 2010), which result in a cumulative increase in footprint or floor area of 500 square feet beyond the footprint or floor area of the dwelling as of February 16, 2010, shall be permitted only when such certificate of compliance has been received. Construction of new accessory structures such as detached garages in excess of 500 square feet on existing developed lots of record as of February 16, 2010, within the Ridgeline and Hillside Viewshed Protection Area shall require the issuance of a Ridgeline and Hillside Viewshed Protection Area certificate of compliance prior to the issuance of a building permit.
[Ord. No. 2018-14 § 1]
e. 
Notwithstanding the building height limits established in this section, no certificate of compliance shall be required for an addition to an existing dwelling or garage located within the Ridgeline and Hillside Viewshed Protection Area that results in an increase in building height of five feet or less. Incremental building height additions occurring after the date of adoption of this chapter (February 16, 2010), which result in a cumulative increase in height more than five feet of an existing building height as of February 16, 2010, shall be permitted only when a Ridgeline and Hillside Viewshed Protection Area certificate of compliance has been received.
f. 
Removal of 10 or fewer trees with a four-inch caliper (dbh) or less shall be exempt from the requirements of this section.
[Ord. No. 2018-14 § 2]
g. 
Decks and patios added to existing residences that are less than 500 square feet in size and swimming pools capable of installation without removal of any trees or within the exemption of Subsection 13-13E.6f shall be exempt from the requirements of this section.
[Ord. No. 2018-14 § 3]