Zoning district boundary lines are intended to follow street centerlines and lot property lines as they exist at the time of enactment of the ordinance from which this chapter is derived unless otherwise indicated by dimensions on the zoning map. The exact location of any disputed district boundary line shall be determined by the board of adjustment in accordance with rules and regulations which may be adopted by it as provided in this division. (Code 1988, § 175-65)

Whenever the township or any duly constituted board, agency or department thereof is acting in or pursuant to the performance of a governmental function, carrying out a legislative mandate or in the exercise of its private right as a corporate body, any municipally owned, operated or controlled building, structure, facility or use, either existing or proposed, shall be permitted in any zone, however designated or wherever situated. It is the intention of this section that whatever the township may be authorized to do shall constitute a function of government and that, whenever the township shall act pursuant to granted authority, it acts as government and not as a private entrepreneur and, therefore, is exempt from any zoning ordinance and any land use act zoning provisions. (Code 1988, § 175-67)

(a) Uses. After the effective date of the ordinance from which this chapter is derived, no building, structure or land shall be used, occupied by or changed to a use that does not conform to the use regulations for that zoning district, nor shall any use be enlarged or extended, except as permitted by this chapter.

(b) Buildings. After the effective date of the ordinance from which this chapter is derived, no building or structure shall be moved, erected, constructed, reconstructed, extended, structurally changed or enlarge except in conformance with this chapter. (Code 1988, § 175-68)

Not more than one single-family dwelling shall be located on the same lot. (Code 1988, § 175-69)

No fence, sign, structure, planting or other obstruction to vision shall be erected or maintained at a height of more than two feet along street lines within 25 feet of an intersection. (Code 1988, § 175-70)

No building or use shall be permitted after the effective date of the ordinance from which this chapter is derived if its design or construction would cause or is likely to cause traffic congestion, hazard or exceptional risk to public safety. (Code 1988, § 175-71)

After the effective date of the ordinance from which this chapter is derived, no building or use shall be constructed, erected, altered or used which is so markedly incongruous or inharmonious with the character of the neighborhood as to materially decrease the value of adjacent or nearby property. (Code 1988, § 175-72)

(a) Purpose. The purpose of this section is as follows:

(1) The protection and proper management of stream corridors within the township is essential to the well-being and welfare of its residents. The intent of this section is to promote a desirable physical and visual environment through creative development techniques that promote conservation of historic sites and land features, open space, energy, and natural resources. Creative development techniques will preserve the natural riparian vegetation of stream corridors; prevent environmental degradation and urban sprawl; and increase the quality of the stream, stream corridor, and associated habitat.

(2) This section applies to the use and development of all lands impacting township waters to protect the public health, safety, morals and general welfare by regulating the cutting of existing natural vegetation and land clearing/grading, preserving critical wildlife habitat, controlling erosion, reducing effluent and nutrient flow, the protection of scenic areas, and to promote the acquisition of open space or conservation easements wherever possible on existing improved lands.

(3) This section shall create a stream corridor protection area for any watercourse in the township having a contributory area (watershed) greater than 50 acres or a well-defined bed and banks (channel) or both of the these features. The watercourses shall include, but not be limited to the following streams, brooks, runs and adjacent 100-year flood zones and/or stream encroachment line within the jurisdiction of the township:

a. Devil's Brook and its tributaries flowing to the Delaware and Raritan Canal.

b. Heathcote Brook and its tributaries flowing to the Delaware and Raritan Canal.

c. Ireland Brook and its tributaries flowing to Farrington Lake.

d. Lawrence Brook and its tributaries flowing to Farrington Lake.

e. Oakeys Brook and its tributaries flowing to Farrington Lake via Davidson's Mill Pond.

f. Shallow Brook and its tributaries flowing to the Millstone River.

g. Six Mile Run and its tributaries flowing to the Millstone River.

h. Ten Mile Run and its tributaries flowing to the Millstone River.

(4) This section shall not apply to any waters in the Township that are classified as Category One at N.J.A.C. 7:9B. These Category One waters, including their tributaries, shall be subject to the requirements eat forth in subsection 62-2574(g)(7)

(b) Protection area. The protection area shall established in accordance with the following:

(1) Required. A protection area shall be provided for the streams, brooks, and runs mentioned in subsection (a)(3) of this section, their shorelines and landward 200 feet from the top of bank of each watercourse, or landward 100 feet from the 100-year flood zone edge, whichever is the greater distance. All distances shall be measured in horizontal feet. A conservation easement as provided for in subsection (c) of this section shall be established within this protection area in conjunction with other regulatory lines such as stream encroachment and freshwater wetlands transition area.

(2) Restrictions within protection area. Fifty percent of all areas within the delineated protection area contiguous to, but exclusive of the conservation easement area, must be left in a natural condition via the limit of disturbance or through mitigation. The 50-percent disturbed area shall be revegetated with trees, shrubs, wildflowers, and grasses native to Central New Jersey. These areas can be counted towards required landscaped areas as per the zoning requirements.

(c) Stream corridor buffer conservation easement I deed restriction. A stream corridor buffer conservation easement or deed restriction shall be established in accordance with the following:

(1) Conservation easement. The conservation easement shall be established as follows:

a. The conservation easement shall consist of the following:

1. Fifty feet landward from the top of bank of each watercourse: or

2. Fifty feet landward from the 100-year flood zone edge of a perennial watercourse; or

3. Pursuant to the state department of environmental protection freshwater wetlands regulations, the limit of wetland transition areas, whichever is greater; and

b. The first 25 feet of any critical slope shall be required for any projects requiring site plan or subdivision approval or any project requiring tree removal pursuant to article IV of chapter 118. For projects receiving approval from the state department of environmental protection stream encroachment, the conservation easement will remain at the stream encroachment line. This buffer strip shall be subject to the terms and conditions of a conservation easement to be held by the township or a deed restriction for property owners and must be shown on all plats and surveys of the property.

(2) Prohibited activities in conservation easement. Prohibited activities in the conservation easement shall be as follows:

a. Removal, excavation, or disturbance of soil.

b. Dumping or filling with any materials.

c. Erection of structures.

d. Placement of pavements and other impervious surfaces.

e. Destruction of plant life which would alter the existing pattern of vegetation.

f. Direct discharge of stormwater or detention basin outfall unless it is demonstrated that the stormwater has been treated for water quality using best management practices.

g. Use of fungicides, herbicides, pesticides and fertilizers unless part of subsection (c)(4)c. of this section.

(3) Activities not prohibited in conservation easement. The following are not prohibited in the conservation easement area, when the activities are performed in a manner that minimizes adverse effects to environmentally sensitive areas:

a. Property maintenance such as tree pruning, removal of dead or dying plants.

b. Minor and temporary disturbances of the conservation easement resulting from, and necessary for, normal construction activities on land adjacent to conservation easement as permitted by the protection area provisions in subsection (b) of this section.

c. Construction of temporary structures such as fences or sheds, whose floor area shall not exceed 150 square feet, or whose use or presence on site shall not exceed six months. Fences and sheds shall not be placed in a manner that obstructs natural drainage patterns or proposed corridor trails.

(4) Projects exempt. The following projects shall be exempt:

a. Zoning permits for preexisting developments, including fences, sheds, pools, decks and dwellings not part of a larger development.

b. Any project subject to land development applications receiving preliminary or final approval prior to the date of adoption of the ordinance from which this section is derived.

c. Agricultural, horticultural, silvicultural activities subject to township review. Any uses involving fertilizers or chemicals for these activities must comply with state and federal rules.

d. Remediation activities subject to township review.

e. Areas of a project which obtained a transition area reduction from the state department of environmental protection subject to township review, unless the items in subsection (c)(1)a. and (c)(1)b., are greater than the original transition line.

f. Roads, utility lines, storm sewer and sanitation lines involving state and/or other governmental review subject to township review.

g. Areas subject to Delaware and Raritan Canal Commission review (one or more acres of impervious surface)

(d) Notification requirements. Where protection areas and/or conservation easements, as described in this section, are required in residential zones, the developer shall comply with township disclosure pursuant to section 62-2838(a).

(e) Violations and penalties. Violations shall be enforced pursuant to section 62-4. (Code 1988, § 175-73; Ord. No. 101-98, § 2, 12-1-1998; Ord. No. 2007-16, § I, 3-27-2007)

The general regulations, restrictions and controls for each zoning district in the township are set forth in the schedule of district regulations in division 3 of this article. (Code 1988, § 175-74)

Outdoor parking and/or storage of any vehicle with a gross weight in excess of 10,000 pounds is prohibited at all times on streets or residential properties in all residential zones. The registered weight shall be presumptive evidence of the minimum weight of the vehicle. This restriction shall not apply to vehicles making deliveries or rendering services to residents; school vehicles, when picking up or dropping off children; or vehicles utilized for maintenance or repair of public utilities or other construction within the public right-of-way, when present for the purpose of such maintenance, repair or construction. (Code 1988, § 175-74.1)

(a) Outdoor sales shall be prohibited, except as follows:

(1) As an accessory use to an existing retail sales operation normally engaged in selling similar or related merchandise.

(2) By a charitable or nonprofit organization, including but not limited to veterans' organizations; local service groups; governmental entities; police, fire and first aid squads; schools; and houses of worship, on property owned by or affiliated with the organization.

(b) Notwithstanding any other section of this chapter to the contrary, outdoor sales shall be prohibited on any lot on which the principal use is for residential purposes.

(c) Outdoor sales operations under subsection (a)(2) of this section shall complete an application form provided by the township and obtain a permit from the zoning officer. (Code 1988, § 175-74.2)

**Webmasters Note: The previous sections, 62-246 through 62-251, have been amended as per Supplement No. 9.

(a) Minimum setbacks for all sanitary sewer pump stations in all zoning districts shall be 100 feet from all lot lines.

(b) A 40-foot-wide evergreen screen shall be provided next to all lot lines not abutting a street, with trees to be a minimum of six feet tall and offset by ten feet, leaving sufficient room for access to maintain the pump station.

(c) A five-foot-tall landscaped berm shall be provided next to all lot lines not abutting a street, leaving sufficient room for access to maintain the pump station.

(d) No land that is used for construction of the sanitary sewer pump station, or any land required to meet the minimum setbacks or screening requirements set forth in this section, shall be available to any developer for use in density calculations. (Ord. No. 34-99, § 1(175-74.3), 7-6-1999)

(a) Portable and or mobile concrete plants, regardless of the amount of time proposed to be located on a site, are considered permanent structures in all instances and same must comply with all applicable zoning regulations for the zone in which they are located, including obtaining site plan approval.

(b) In addition to the zoning regulations for the zone in which a portable and or mobile concrete plant is proposed to be located, an applicant for site plan approval seeking to operate said plant must comply with the following additional requirements:

(1) The site plan must depict the entire limits of the project site, including the plant location and material storage areas and the plan must include a note indicating:

a. The length of time the plant will operate at the site; and

b. The amount of concrete to be produced and used at the site.

(2) The site plan application must include a dust control and suppression plan. The plan must conform with the following:

a. The actual processing plant, including conveyor belts, must be located in an enclosed structure;

b. The plant must use a water suppression system at all conveyor belt transfer points for aggregate;

c. The portable and or mobile concrete plant, including the plant itself, vehicle travel areas and stock piles, must be located entirely upon a stable surface;

d. The site plan must include the placement of a particulate monitoring system on-site with a minimum of three monitoring stations. The monitoring system must test for particulates daily, including days when the plant is not operating.

On days when the plant is operating, the testing must occur during the hours of plant operation. The results of all testing must be reported to the township engineer weekly.

(3) The site plan application must include a copy of a signed contract or other verification indicating that the applicant is under contract to supply concrete to a specific project located at the proposed plant site.

(4) The plant may only furnish concrete to the specific project for which the site plan approval is granted. The plant must be located on the site for which it is supplying concrete.

(5) The applicant must obtain soil conservation district approval for the specific operation of the portable and or mobile concrete plant.

(6) The plant may only operate Monday through Friday, between the hours of 7:00 a.m. and 5:00 p.m. and on Saturday between the hours of 7:00 a.m. and 12:00 p.m. In addition, portable and or mobile concrete plants may not operate on any federal or state holiday.

(7) For any site with frontage or access on a state highway, the applicant must obtain any and all necessary New Jersey Department of Transportation (NJDOT) permits. If no NJDOT permit is required, the applicant must obtain a letter of no interest from NJDOT.

(8) Only low-profile portable and or mobile concrete plants are permitted. Only plants with a maximum height of 30 feet, including silos, related plant improvements and stockpiles, shall be considered low-profile.

(9) The plant site must be surrounded by a fence at least six feet high to ensure proper safety and security.

(10)The plant, including related conveyors and stockpiles, must comply with all the setback requirements for principal structures within the zone in which it is located. Regardless of the zone requirements, the setback from all property lines shall be a minimum of 75 feet.

(11)A 200-foot buffer area shall be provided between the plant, including related conveyors and stockpiles, and the boundary of any residential or mixed use zone district. The buffer area shall include a berm with a minimum height of ten feet and screen plantings at least 40 feet wide and seven feet high, planted not more than ten feet on center.

(12) The plant must use public electricity if it is available; if it is not available, the proposed source of electricity must be reviewed and approved by the township.

(13) The plant must use municipal or public water for all operations if said water system is located, or is proposed to be extended under the project for which concrete in being supplied, within 200 feet of the lot(s) on which the construction project is located. In the event the plant will use a private well, a separate New Jersey Department of Environmental Protection Well Permit must be obtained for that particular well use.

(14) Any site plan approval for the operation of a portable and or mobile concrete plant shall expire 18 months after the adoption of the resolution of approval. The appropriate land use board may grant one extension for a period of up to one year for the site plan approval.

(15) The operator of the plant must repair or replace any public improvement that is damaged during the operation of the plant within 30 days after the completion of the project.

(16) The portable and or mobile concrete plant must comply with all other local, county, state and federal regulations and standards for concrete plants.

(17) The plant shall comply with all applicable township nonresidential use performance standards.

(18) The applicant must obtain a township soil movement permit for importation of the necessary raw materials to the plant site.

(19) The applicant must obtain all other necessary permits that may be required, including any building permits.

(c) In the event the above requirements for portable and or mobile concrete plants conflict with the zoning regulations for the zone in which the portable plant is proposed to be located, the more stringent standards shall apply. (Ord. No. 37-06, § 1, 5-23-2006