Millstone Township City Zoning Code
ARTICLE 1
General Provisions
§ 35-1-1 TITLE.
This chapter shall be known and cited as the Land Use And Development Regulations of the Township of Millstone.
§ 35-1-2 INTENT AND PURPOSE.
It is the intent and purpose of this chapter:
a.
To encourage municipal action to guide the appropriate use and development of all lands in Millstone Township in a manner which will promote public health, safety, morals, and general welfare;
b.
To secure safety from fire, flood, pollution, panic and other natural and man-made disasters;
c.
To provide adequate light, air and open space;
d.
To ensure that the development of Millstone Township does not conflict with the development and general welfare of neighboring municipalities, the county and the State as a whole;
e.
To promote the establishment of appropriate population densities and concentrations that will contribute to the well being of persons and neighborhoods in the community and preservation of the environment;
f.
To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies;
g.
To provide sufficient space in appropriate locations for a variety of agricultural, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all Millstone Township citizens;
h.
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;
i.
To promote a desirable visual environment through creative development techniques and good civic design and arrangements;
j.
To promote the conservation of historic sites and districts, open space, energy resources and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land;
k.
To encourage planned developments which incorporate the best features of design and relate the type, design and layout of residential, commercial, industrial and recreational development to the particular site;
l.
To encourage senior citizen community housing construction consistent with good planning, site development and the natural environment;
m.
To encourage coordination of various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to promote the more efficient use of land;
n.
To promote utilization of renewable resources;
o.
To promote the maximum practical recovery and recycling of recyclable materials from municipal solid waste through the use of planning practices designed to incorporate the State Recycling Plan goals and to complement municipal and county recycling programs; and
p.
To do all things authorized in N.J.S.A. 40:55D-1 et seq.
§ 35-1-2A COORDINATION WITH STATEWIDE RESIDENTIAL SITE IMPROVEMENT STANDARDS.
[Ord. 97-09]
The requirements and standards of Chapter 35 shall apply to all land development applications for all agricultural, commercial, office, industrial, institutional, educational, or mixed uses in the Township of Millstone. With respect to development applications for residential subdivisions, or residential site plan approvals, the Residential Site Improvement Standards of Article 5, Chapter 21 of the New Jersey Administrative Code shall govern, but only with respect to the particular standards or particular requirements which have been validly adopted by the New Jersey Commissioner of Community Affairs pursuant to N.J.S.A. 40:55D-40.1 et seq. If with respect to a particular matter no statewide standard has been validly adopted by the Commissioner of Community Affairs, then the requirements and standards of this chapter 35 shall govern in such respect.
§ 35-1-3.1 Other Chapters.
§ 35-1-3.2 Ordinances.
All ordinances or parts of ordinances inconsistent herewith are hereby repealed.
§ 35-1-3.3 Settlement Unaffected.
Nothing in this chapter shall be deemed to affect or modify the terms and conditions set forth in a stipulation of settlement in a lawsuit captioned "J.D.N. Associates, a New Jersey General Partnership, Plaintiff, v. the Township of Millstone, Defendant," bearing Docket No. L-41701-85. Said stipulation was originally executed on August 28, 1986. Said stipulation is currently being modified so as to provide for the construction by the Plaintiff of six manufactured homes to be made available to low and moderate income residents of the Township in partial fulfillment of the Township's obligations to rehabilitate substandard housing for present low and moderate income residents of the Township and create a density bonus of six units therefor.
§ 35-1-4 VALIDITY.
If any section, paragraph, subdivision, clause or provisions of this chapter shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision so adjudged and the remainder of this chapter shall be deemed valid and effective.
§ 35-1-5.1 Violations.
[Ord. No. 06-07 § I]
Any owner or agent and any person or corporation who shall violate any of the provisions of this chapter or fail to comply therewith or with any of the requirements thereof or who shall erect, structurally alter, enlarge, rebuild, or move any building or buildings or any structure, or who shall put into use any lot or land in violation of any detailed statement or plan submitted hereunder, or who shall refuse reasonable opportunity to inspect any premises, shall be liable upon conviction to a fine, as stated in Chapter 1, § 1-5 of the General Ordinances, to imprisonment for not more than 90 days, or a period of community service not exceeding 90 days or to both fine and imprisonment or community service. Each and every day such violation continues after the expiration of an abatement notice or after initial construction as the case may be, shall be deemed a separate and distinct violation.
In the event that a fine greater than $1,250 is imposed upon an owner for violations of housing or zoning codes, the owner shall be provided with a thirty-day period in which the owner shall be afforded the opportunity to cure or abate the condition and shall also be afforded an opportunity for a hearing before a court of competent jurisdiction for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 may be imposed if a court has not determined otherwise, or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.
§ 35-1-5.2 Penalties.
The owner or user of any building or structure, lot or land, or part thereof, where anything in violation of this chapter shall be placed or shall exist and any architect, builder, contractor, agent, person or corporation employed in connection therewith and who assists in the commission of such violation shall be guilty of a separate violation and upon conviction thereof shall be liable to the fine or imprisonment or both specified in § 35-1-5.1 above.
§ 35-1-6 PENDING APPLICATIONS.
All applications for development filed prior to the effective date of this chapter may be continued, but any appeals arising out of decisions made on any such application shall be governed by the provisions of § 35-3-4 of this chapter.
§ 35-1-7 FILING OF COPIES OF ORDINANCE AND AMENDMENTS.
Immediately upon adoption of this chapter and any amendments thereto, the Township Clerk shall file a copy of this chapter and any amendments thereto with the County Planning Board as required by law. The Clerk shall also file with the County Planning Board copies of all other ordinances of the municipality relating to land use in accordance with N.J.S.A. 40:55D-16.
§ 35-1-8 EFFECTIVE DATE.
This chapter shall take effect immediately upon final passage and publication as provided by Law.