A.comprehensive ordinance regulating and limiting the uses of land and the uses and locations of buildings and structures; regulating and restricting the height and bulk of buildings and structures and determining the area of yards and other open spaces; regulating and limiting the density of population; dividing the Township of Neptune into zone districts for such purposes; adopting a map of said Township showing boundaries and the classification of such zone districts; establishing rules, regulations and standards governing the subdivision of land within the Township; establishing a Planning Board, Zoning Board of Adjustment, and Historic Preservation Commission; and prescribing penalties for the violation of its provisions.

The short form by which this Ordinance may be known shall be "THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF NEPTUNE."

It is the intent and purpose of this Ordinance to exercise the authority delegated to municipalities under the Municipal Land Use Law (N.J.S.A 40:55D-1 et seq.) to regulate development.

The implementation of the Township of Neptune Master Plan through the provisions of this Ordinance is intended:

A. To guide the appropriate use or development of all lands in a manner that will promote the public health, safety, morals and general welfare;

B. To secure safety from fire, flood, panic and other natural and manmade disasters;

C. To provide adequate light, air and open space;

D. To ensure that the development of the Township of Neptune does not conflict with the development and general welfare of neighboring municipalities, the county and 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, communities and regions 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 residential, recreational, 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 New Jersey citizens;

H. To encourage the location and design of transportation routes that will promote the free flow of traffic while discouraging location of such facilities and routes which will result in congestion or blight;

I. To provide 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 unit development which incorporates the best features of design and relate the type, design and layout of residential, commercial, industrial and recreational development of the particular site;

L. To encourage senior citizen community housing construction;

M. To encourage the coordination of various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land;

N. To promote utilization of renewable energy sources;

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 compliment municipal recycling programs.

P. To promote a balanced variety of residential, commercial, industrial, recreational, public, open space and conservation land uses

Q. To preserve and enhance the existing character of the residential neighborhoods in the Township while providing a mix of housing types and uses.

R. To promote aesthetic and site improvements in the Township's major commercial and industrial areas in a manner that maintains an appropriate transition between residential and commercial uses and districts.

S. To guide the redevelopment and development of the remaining large parcels and scattered vacant sites within neighborhoods to ensure proposed uses support existing uses without adverse impacts in terms of land use compatibility, traffic, economic, and aesthetic impacts.

T. To maintain a balance between residential and nonresidential uses to ensure a stable and sound community tax base and local employment opportunities.

U. To provide for the utilization of the Township waterfront for appropriate uses.

V. To reclaim underutilized and/or constrained parcels for productive use.

W. To provide a circulation network for vehicles, bicycles and pedestrians that permits safe and efficient travel.

X. To provide for adequate parking facilities in accordance with the needs of the respective land uses and the character of the individual zone districts.

Y. To provide adequate community facilities and services in order to enhance the quality of life for existing and future Township residents and respond to changing demographics.

Z. To promote the preservation of natural systems and environmentally sensitive areas, particularly wetland, woodland, coastal, flood hazard and aquifer recharge areas, in a manner that provides open space and enhances existing parklands and facilities.

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 Township owned, operated or controlled building, structure, facility or use either existing or proposed shall not be subject to the provisions of this Chapter. 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 private entrepreneur and, therefore, is exempt from any Zoning Ordinance and any land use act zoning provisions.

The provisions of this Ordinance shall be held to the minimum requirements for the health, safety, morals and general welfare of the Township of Neptune.

The provisions and requirements of this Ordinance shall be held paramount to any corresponding or similar, but less restrictive, provisions and requirements of any existing law, ordinance, rule, regulation, deed restriction or private covenant affecting lands and premises in the Township of Neptune.

All applicable requirements shall be met at the time of erection, enlargement, alteration, moving or change in use of the principal use and shall apply to the entire structure or structures whether or not the entire structure or structures were involved in the erection, enlargement, alteration, moving or change in use.

Approval of final plans by the Planning Board or Zoning Board of Adjustment, as the case may be, shall constitute an acceptance of proposed dedications for streets, parks, and other public uses or purposes. Nonetheless, such approval shall not constitute an acceptance of physical improvements on such dedicated land and shall not impose on the Township any obligation of jurisdiction or maintenance of such improvements. The acceptance of such physical improvements shall be by action of the Township Committee in accordance with N.J.S.A. 40:55D-53.

The time period for the effect of approval shall begin with the date of the adoption of the resolution memorializing such approval of the subject application by the Board of Jurisdiction.

No subdivision or site plan involving any street(s) requiring additional right-of-way width as specified in the Master Plan or Official Map and the street requirements of this Ordinance shall be approved unless such additional right-of-way, either along one or both sides of said street(s), as applicable, shall be deeded to the municipality or other appropriate governmental agency.

No building shall be erected and no existing building shall be moved, altered, enlarged, or rebuilt, nor shall any land be designed, used or intended to be used for any purpose other than as permitted within the zoning districts so described by this Ordinance, nor shall any open space or yard area be encroached upon or reduced in any manner except in strict conformity with the regulations contained herein.