Chapter 95 Land Use and Zoning - East Hanover

1 Chapter 95 land USE AND Zoning ARTICLE I Purpose and Scope 95-1. Purpose. 95-2. Scope. ARTICLE II Definitions 95-3. Definitions. ARTICLE III Administration and General Procedures 95-4. Administrative procedures. 95-5. Meetings of municipal agencies. 95-6. Hearings. 95-7. Appeals. 95-8. Exclusive authority of Planning Board and Board of Adjustment. 95-9. Tolling of running of period of approval. 95-10. Conditional approvals. 95-11. Fees and deposits. Zoning Enforcement Official. Development Review Advisory Committee. Certification of application as complete. Environmental Commission. ARTICLE IV land Use Planning Board 95-12. Establishment; composition. 95-13. Organization. 95-14. Attorneys; experts and staff. 95-15. Powers and duties generally. 95-16. Time limits. 95-17. Citizens Advisory Committee. 95-18. Environmental Commission. 95-19. Rules and regulations. 95-20. Appeals and applications.

2 95-21. Expiration of variance. 95-22. Time limit for decision. 95-23. Conditional approval. 95-24. General provisions. 95-25. Escrows. 95-26. Application for more than one type of relief. 95-27. Fees. 95-28. Revised plans. 95-29. Hearings. 95-30. List of property owners furnished. 95-31. Decisions. 95-32. Records to be retained. Payment of taxes. Administrative Officers; Deputy Administrative Officers. Professional review; applications for development. ARTICLE V Appeals [Amended 5-15-1980 by Ord. No. 3-1980; 8- 27-1981 by Ord. No. 21-1981; 5- 21-1992 by Ord. No. 9-1992; 3-16-1995 by Ord. No. 10-1995; 12-27-2005 by Ord. No. 38-2005] Appeals to land Use Planning Board. 95-33. Appeals from land Use Planning Board to Township Council. ARTICLE VA Site Development Permit Definitions. Permit required. Filing of application; additional documents; fees and deposits. Review; conference; recommendations and report.

3 Notice of certain events required. Right of entry for inspections. Issuance of permit; term; nontransferability. Appeals. Fees; escrow deposit. Violations and penalties. ARTICLE VI Subdivision and Site Plan Review 95-34. Filing procedures. Principles and standards for site plan review. 95-35. Review procedures. 95-36. Subdivision plat and site plan details. 95-37. On-tract improvements for site plans and subdivisions. 95-38. Off-tract improvements. 95-39. Design standards. Environmental impact statement. Performance standards for all uses. 95-40. Exceptions to requirements. 95-41. Selling before final approval. 95-42. Certificates showing approval; contents. Fertilizer application. ARTICLE VII Zoning 95-43. Purpose; interpretation. 95-44. Establishment of zones. 95-45. Schedule. 95-46. General regulations. Prohibited uses. 95-47. Modifications and exceptions. 95-48. Residence R-10 Zone regulations.

4 95-49. Residence R-11 Zone regulations. 95-50. Residence R-15 Zone regulations. 95-51. Residence R-20 Zone regulations. 95-52. Residence R-120 Zone regulations. 95-53. Residence R-120-CR Zone regulations. Single-Family Attached SFA Zone regulations. R-10/CSAH Residential Affordable Housing Zone regulations. HD/OCI Highway Development Office Commercial Industrial Zone regulations. RAH-1 Residential Affordable Housing Zone regulations. (Reserved) (Reserved) SED (Special Economic Development) Industrial District regulations. RAH-4 Residential Affordable Housing Zone regulations. 95-54. Business B-1 Zone regulations. 95-55. Business B-2 Zone regulations. Highway Business B-2B Zone regulations. 95-56. Research Laboratory and Office R-L Zone regulations. 95-57. Professional and Business Office PB-1 Zone regulations. 95-58. Professional and Business Office PB-2 Zone regulations. Professional and Business Office PB-3 Zone regulations.

5 95-59. Light Industry I-3 Zone regulations. 95-60. Light Industry I-1 Zone regulations. 95-61. Public P Zone regulations. 95-62. Cemetery CEM Zone regulations. 95-63. Sexually oriented businesses. 95-64. Nonconforming uses and buildings. 95-65. Administration. Zone change requests. Payment in lieu fees for affordable housing. 95-66. Violations and penalties. 95-67. Repealer; effect. 95-68. When effective; existing permits. Development fees for low- and moderate-income housing. ARTICLE VIIA Air Safety and Zoning Purpose. Statutory requirement. Conformance with statutory requirement and regulations. Transmission to Division of Aeronautics in New Jersey Department of Transportation. ARTICLE VIII Soil Moving 95-69. Legislative declaration. 95-70. Purpose. 95-71. Definitions. 95-72. Soil moving permit required. 95-73. Application for minor soil moving permit. 95-74. Application for major soil moving permit.

6 95-75. Fees. 95-76. Performance guaranty requirements; release. 95-77. Form of permit; signatures; conditions; term. 95-78. General terms and conditions of operation. 95-79. Topsoil restrictions. 95-80. Depth of excavation. 95-81. Final grades. 95-82. Exempt operations. 95-83. Authorized inspections; enforcement. ARTICLE VIIIA Lot Grading Permit Permit application and criteria; lot grading plan and review; fee; violations and penalties. ARTICLE VIIIB Wellhead Protection Definitions. Establishment of wellhead protection areas and maps. Regulation of wellhead protection areas for public community wells. Potential pollutant sources listed. Best management practice performance standards. Operations and contingency plan. Enforcement. ARTICLE VIIIC Tree Protection and Removal Standards Definitions. Applicability. Exemptions. Township tree care. Tree removal requirements for major and minor subdivisions and site plans.

7 Tree replacement and reforestation. Tree removal and protection on private property where no site plan or subdivision is required. Review standards. Appeal process. Protection of trees. Permit approval. Duration of permits. Inspection. Notice of commencement of tree removal. Fees. Violations and penalties. ARTICLE IX Flood Management 95-84. Findings; purpose; authority; scope. 95-85. Definitions and usage. 95-86. General provisions. 95-87. Administration. 95-88. Construction standards. 95-89. Specific requirements in the floodplain. 95-90. Variance procedure. 95-91. Criteria for mobile homes. 95-92. Time limitations. ARTICLE IXA Telecommunications Antennas and Towers Purpose. Definitions. Applicability. General guidelines and requirements. Permitted uses. Permitted conditional uses. Exemption for property owned, controlled or leased by the Township. Antennas. Site plan approval.

8 Conditions for site plan approval of towers. Design standards for towers. Building or other equipment storage. ARTICLE X Pending Applications; Penalties; Repealer 95-93. Pending applications. 95-94. Violations and penalties. 95-95. Separate violations. 95-96. Enforcement. 95-97. Repealer; effect. 95-98. (Reserved) 95-99. (Reserved) ARTICLE XI Signs 95-100. Short title. 95-101. Purpose, intent and scope. 95-102. Definitions. 95-103. Prohibited signs. 95-104. Nonconforming signs. 95-105. Exemptions. 95-106. Permits. 95-107. Sign illumination. 95-108. Substitution of noncommercial speech for commercial speech. 95-109. Content neutrality. 95-110. Appeals to the Board of Adjustment. 95-111. Administration and enforcing official. 95-112. Setback measurement. 95-113. Double-face signs. 95-114. Temporary special event signs. 95-115. All zones and districts. 95-116. Residential zones. 95-117. Neighborhood Business B-1 and Professional and Business Office PB-1 95-118.

9 Highway Business B-2 and B-2B Zones (retail business uses only). 95-119. Professional and Business Office PB-2 and PB-3 Zones; Research Laboratory and Office RL Zone. 95-120. Light Industry I-1 and I-3 Zones. 95-121. Special Economic Development Industrial District SED Zone. 95-122. (Reserved) 95-123. Transitions rules. 95-124. Severability. Addendum A Table of Zoning Map Amendments Schedule of Area Requirements [HISTORY: Adopted by the Township Committee (now Township Council) of the Township of East Hanover 7-19-1979 by Ord. No. 20-1979. Amendments noted where applicable.] GENERAL REFERENCES Unfit buildings See Ch. 71. Uniform construction codes See Ch 75. Flood damage prevention See Ch. 87. Gasoline filling stations See Ch. 89. Private swimming pools See Ch. 138. Water and Sewer Utility See Ch. 159. Unfit dwellings See Ch. 182. Garbage, refuse and dry fill See Ch. 189. Littering See Ch. 195. Individual sewage disposal systems See Ch.

10 204. Public swimming pools See Ch. 210. ARTICLE I Purpose and Scope 95-1. Purpose. The purpose and intent of this Chapter is: A. To encourage municipal action to guide the appropriate use or development of all lands in the Township 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 ensure that the development of the 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, neighborhoods, the Township 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.