A. Findings. The Township Committee of the Township of Neptune hereby finds that the uncontrolled and unregulated removal of topsoil and subsoil from various areas of the Township to other areas both within and without the Township has resulted in and will continue to result in serious erosion and acid promoting conditions detrimental to the public safety, health and general welfare.
B. Purpose. The purpose of this chapter is to control and regulate soil removal in the Township of Neptune by requiring adequate provisions for the retention of topsoil and subsoil whenever necessary to prevent erosion and sedimentation, exposed acid concentration and such other harmful and objectionable conditions as are detrimental to the safety, health and general welfare of the citizens of the Township of Neptune.
C. Permit Required to Remove Soil. No person shall disturb or remove soil in the Township without having first obtained a permit from the Construction Official. Soil placement or disturbance of less than 5,000 square feet associated with a permitted residential use shall be exempt from this requirement.
D. Review and Approval of Application for Permit. No permit shall be issued hereunder until the application required to be filed hereunder shall have been reviewed and approved by the Township Engineer. The Township Engineer shall, upon receipt of an application, review and verify the data contained therein and inspect the site to determine the type and quantity of soil which may be removed consistent with this Subsection.
If the Township Engineer, upon inspection of the site and review and verification of the data submitted by the applicant, determines that the type and amount of soil proposed to be removed may be removed consistent with this section and the requirements of Chapter 251, PL 1975, Soil Erosion and Sediment Control, he shall direct the Construction Official to issue the permit for the type and amount of soil requested and upon such terms as the Township Engineer shall require under this chapter. If the Township Engineer, upon inspection of the site and review and verification of the data submitted by the applicant, determines that the type and amount of soil proposed to be removed cannot be removed consistent with this section and the requirements of Chapter 251, PL 1975, Soil Erosion and Sediment Control, he shall direct the Construction Official to deny the permit. The Township Engineer may require the applicant to provide such additional data as the Township Engineer may determine to be necessary in order to properly review the application. In the event that he directs the Construction Official to deny the permit, the Township Engineer may specify for the benefit of the applicant the type and quantity of the soil which could be removed, if any, consistent with the requirements of Chapter 251, P.L. 1975, Soil Erosion and Sediment Control. The Construction Official shall issue or deny the permit as the Township Engineer shall direct. The Township Engineer shall either approve or reject the application for a permit hereunder and the Construction Official shall either issue or deny the permit within sixty (60) days of the filing of the application therefor.
E. Data Required. The applicant shall submit to the Construction Official for review by the Township Engineer, a written application for a permit on a form to be supplied by the Construction Official. The application shall specify:
1. Site location indicating both street address and Lot and Block number according to the official Tax Map of the Township.
2. Name and address of the owner of the site and the names and addresses of all persons owning property located within two hundred (200') feet of the site.
3.The type and quantity of soil proposed to be removed including but not limited to:
(a)Existing pH of both topsoil and subsoil.
(b) Mixture of soil including percentage of organic compounds, sand, clay, gravel, etc.
(c) Other soil characteristics described in terms which shall conform as nearly as practical to the terms employed by the Standards for Soil Erosion and Sediment Control as adopted by the State Soil Conservation Committee.
4. A description of the proposed improvements to the property which necessitate the removal of the soil.
5. A designation of the zone in which the site is located according to the provisions of this Chapter.
6. Location to which soil is to be removed.
7. Measures proposed by the applicant for the control of acid formation or exposure and the maintenance or improvement of existing soil pH levels.
8.Such other data as the Township Engineer may require in order to properly review the application.
F. Soil Mixture and pH Maintenance Standards.
1. Limitation on Soil Removal. Except as hereinafter provided, the removal of soil permitted by this chapter is here expressly limited to that volume of soil equal to the subsurface volume of any natural vegetation or man-made structure which has been placed on the site as an improvement thereto, diminished by that volume of soil which may be required under the provisions of Chapter 251, P.L. 1975, Soil Erosion and Sediment Control, to be retained on the site for the purposes of, soil erosion and sediment control. The excavating or stripping of land or engaging in any other land disturbance activity involving removing soil from a site solely for the purposes of resale is hereby expressly prohibited. The limitations provided here shall not be construed to in any way prohibit the removal of soil from the site in order to correct any existing or readily anticipated erosion conditions in accordance with Chapter 251, P.L. 1975, Soil Erosion and Sediment Control.
2. General Control Standards. During the removal of soil as permitted under this chapter:
(a) Stripping of vegetation, grading or any other disturbance shall be done in a manner which will minimize soil erosion.
(b) Whenever feasible, natural vegetation shall be retained and protected.
(c) The extent of the disturbed area and the duration of its exposure shall be kept within practical limits.
(d) All construction or land disturbances shall be conducted in a manner consistent with the requirements of Chapter 251, P.L. 1975, Soil Erosion and Sediment Control.
(e)Whenever the soil removed consists of both topsoil and subsoil of a lesser quality, the topsoil shall be retained for the purposes of grading. No topsoil shall be removed from the site unless prior thereto all subsoil and soil of a lesser quality shall have been removed from the site. For the purposes of this section, topsoil shall mean the arable soil, shall contain no stone, shall be loamy, free of debris, and shall contain no toxic substance that may be harmful to plant growth. Topsoil shall have a minimum organic content of not less than two and three quarters (2.75%) percent by weight, a pH range of not less than 5.0 nor more than 7.5, and a soluble salt content not exceeding five hundred (500) ppm. For the purpose of this section, subsoil shall mean all soils of lesser quality than topsoil.
(f) Excavated soil shall not be placed adjacent to streams, other bodies of water or man-made or natural water flow channels in a manner that will cause it to be washed away by high water or runoff.
(g) Prior to the installation of any natural vegetation or manmade structure or the backfilling or grading required under the provisions of either this chapter or Chapter 251, P.L. 1975, Soil Erosion and Sediment Control, any exposed soil having a pH value of less than 4 shall be covered with a minimum of twelve (12) inches of soil material no coarser than a sandy loam which can be corrected to a minimum pH of 6.5. Any soil which shall remain exposed during the disturbance activity and for a period in excess of three (3) working days shall be maintained at a minimum pH of 6.5.
(h)Whenever the removal of soil requires the removal of any trees, tree stumps, or other vegetation, the trees, tree stumps or vegetation so removed shall be removed from the site and shall not be buried or used as fill on the site.
G. Inspection and Enforcement. The requirements of this chapter shall be enforced by the Construction Official who shall also inspect the approved removal activity. If the Construction Official finds existing conditions not as stated in the approved application, he shall refuse to approve further work and may seek other penalties as provided in Article XI.
H. Fees.
1.No permits required hereunder shall be issued by the Construction Official unless the applicant shall have paid to the Township Clerk the fees required by Article X. The Township Clerk shall collect the following fees in order to defray the cost of administering this Ordinance and carrying out any inspection required hereunder:
A. The purpose of these regulations is: (1) to minimize potential detrimental impacts that are associated with the disturbance of established vegetation on existing steep slopes; (2) to avoid creating new steep slopes where the potential for detrimental impacts are increased; and (3) to minimize potential detrimental impacts by regulating the scale, mass and location of retaining walls. Detrimental impacts means any adverse impact to: public safety and the general welfare; private or public property; or, any historic, cultural, scenic or other environmental resource caused by the destabilization of a slope area or retaining wall as a result of erosion slumping, runoff or other consequence.
B. For the purposes of these regulations, "construction" shall mean any disturbance or improvement to land, including but not limited to buildings, structures, streets, driveways, parking areas, swimming pools, excavations, fill, grading, tree removal, stripping of vegetation and clearing, except that selective thinning of vegetation and site work approved by the approving authority for sidewalks and similar pedestrian ways, subsurface utility installations and drainage facilities shall not be considered construction.
C. Steep slopes shall not be disturbed and retaining walls shall not be installed except where the applicant demonstrates that each disturbance and/or retaining wall is essential to the reasonable use of the property and that no adverse impact to adjoining properties will result from the proposed construction.
1. In the case of development applications before the Planning Board or the Zoning Board of Adjustment, the applicant shall submit a separate sheet as part of the overall development plan, identifying the extent of the steep slope disturbance and the use of retaining wall(s) and noting the justification(s) for the disturbance.
2. In the case of Zoning Permit Applications, the applicant shall submit a grading plan in accordance with the zoning permit requirements contained in Article XI of this Land Development Ordinance.
D. Within any development, construction on steep slopes, as defined herein, shall be in accordance with the following provisions.
1.Construction on steep slopes of fifteen (15) percent or greater, but less than twenty-five (25) percent, shall be permitted in accordance with the following regulations:
(a) A maximum of thirty (30) percent of the total lot area in this slope category may be used for construction purposes; and,
(b) Construction shall not result in the creation of critical slope areas.
2.No construction shall be permitted in critical slope areas (slopes of 25 percent or greater) unless all of the following criteria are met:
(a) The total soil disturbance in the critical slope area of the lot is no greater than one (1) cubic yard;
(b) The total area of removal or disturbance of vegetation in the critical slope area of the lot is no greater than twenty-five (25) square feet;
(c) The increase in impervious ground cover in the critical slope area of the lot is no greater than twenty-five (25) square feet;
(d) The construction does not include the removal of any tree, having a diameter at point of measurement greater than eighteen (18) inches; and,
(e)The applicant must demonstrate that the proposed slope disturbance is essential to a reasonable use of property.
E. Where construction will disturb steep sloped areas and areas abutting steep slopes, the plan shall provide the following design features, as applicable to the situation:
1. Any grading or disturbance in an area of steep slopes or in an area abutting a steep slope shall stabilize the soil as required to avoid detrimental impacts.
2. An area abutting a steep slope may be disturbed or completely removed, provided:
(a) The final grading does not result in a net increase in the total steep slope areas on the lot; and,
(b) The removed soil is redistributed on site and/or removed from the site in accordance with other township requirements.
3.The area along the top of a steep slope may be filled and a retaining wall(s) constructed, provided the retaining wall(s) and all other construction activities conform to regulations set forth herein.
F. Landscape Retaining Wall Setback Requirement. Landscape retaining walls shall not be located closer to a property line than one half (1/2) the height of the wall.
G. Maximum Height of Structural Retaining Walls
1. The maximum height of any structural retaining wall, section of structural retaining wall, or tier of a structural retaining wall, shall be no greater than eight (8) feet, unless in a front yard setback area, in which case the maximum height shall be no greater than four (4) feet.
2. Multiple, staggered or tiered walls shall be considered single walls unless the minimum horizontal distance between the top of any single section or tier and the base (toe) of the next higher section or tier is not less than one and one-half (1- 1/2) times the height of the lower section or tier. If there are more than three (3) single sections or tiers, the minimum distance between the top of any single section or tier and the base (toe) of the next higher section or tier shall be not less than two (2) times the height of the lower section or tier.
3. A structural retaining wall shall not extend in height for more than one (1) foot above the natural or approved finished grade at its top, unless proper surface drainage requires a greater height.
4. Any combination of a structural retaining wall(s) and a safety fence shall not exceed twelve (12) feet.
H. Location of Structural Retaining Walls
1. A structural retaining wall (top or bottom) shall be located no closer to a property line than the height of the wall or wall segment closest to the property line, and the applicant's engineer shall certify that a failure of the structural retaining wall will not have an adverse impact on any adjoining property or public right-of-way.
2. Structural retaining walls shall not be located in any public rights-of-way or utility easements.
I. Safety Requirements of Structural Retaining Walls. The top of any structural retaining wall, or tiered wall, with a height of greater than four (4) feet, shall be protected through the use of fencing with a minimum height of three (3) feet or, in the alternative provided safety concerns are adequately addressed, densely planted vegetation at 50% of the full growth screening.
J. Design. A licensed structural or civil engineer shall design all structural retaining walls, with signed and sealed plans submitted for review and approval by the Construction Official, Borough Engineer, Planning Board Engineer or Zoning Board of Adjustment Engineer, whatever the case may be.
K. Inspection. A licensed structural or civil engineer, at the cost of the applicant, shall inspect the construction of all structural retaining walls, and a signed and sealed certification that the wall has been properly constructed shall be submitted to the Construction Official upon completion of the wall. [NOTE: The previous section, Section 421, has been added per Ordinance No. 03-035]
The following provisions shall apply to valid non-conforming uses, structures and lots at the time of adoption of this Ordinance:
A. A use, building or structure which is lawfully in existence at the effective date of this Ordinance and shall be made non-conforming at the passage of this Ordinance or any applicable amendment thereto, may be continued as otherwise provided in this section.
B. No existing use, structure or premises devoted to a non-conforming use shall be enlarged, extended, reconstructed, substituted or structurally altered, unless it is changed to a conforming use or structure as follows:
1. Any non-conforming structure or use damaged to less than fifty per cent (50%) of its previous existing area or value by fire or other natural calamity, may be restored, reconstructed or used as before, provided the area of such use or structure shall not exceed the area which existed prior to such damage nor increase the intensity of use. All repairs shall be completed within one (1) year after damages occur, or within such time extensions granted by the Zoning Officer, which can only be granted upon good cause being shown by the applicant, or such use shall not be rebuilt except as a conforming use.
2. Normal maintenance and repair of a structure containing a non-conforming use is permitted, provided that it does not extend the area or volume of space occupied by the non-conforming use or structure and does not increase the intensity of use. Nothing in this section shall prevent the restoring to a safe or lawful condition any part of any structure declared unsafe by the Construction Official.
3.A building containing residential non-conforming uses may be altered in any way to improve interior livability. No structural alterations shall be made which would increase the number of bedrooms or dwelling units.
C. Non-conforming uses and structures are considered terminated and shall not be revived in any way except as a conforming use or structure in accordance with the following:
1. A non-conforming use or structure abandoned in accordance with this Ordinance and accompanied by an intent on the part of the owner to abandon such use as evidenced by some act or failure to act which carries with it a sufficient implication that the owner neither claims or retains any interest in the subject matter of the abandonment shall be considered a termination thereof. Such implication shall be rebuttably presumed by non-use for any period of two (2) or more years. Non-use by successive owners shall be considered continuous non- use.
2. The change of a non-conforming use or structure to a more or entirely conforming use for any period of time shall be considered an abandonment of the previous non-conforming use, and a reversion to the previous non-conforming use shall not be permitted.
3.A non-conforming structure or use which has fifty percent (50 %) or more of its non-conforming area or value destroyed by fire or natural calamity shall be considered an abandonment thereof.
D. A nonconforming structure may not be enlarged, extended, increased in height, width or depth, moved or relocated, modified in such a way so as to increase habitable or useable space, number of dwelling units or number of bedrooms; unless such structure is changed to a structure conforming to the requirements of this Chapter except that an existing one family structure may be rebuilt, enlarged, extended or added to provided:
1. The enlargement, extension or addition conforms to all zone requirements; or
2. The portion of the enlargement, extension or addition which does not conform to zone requirements consists entirely of the enclosure of existing side or rear porches.
3. Where a structure is nonconforming solely because it intrudes on the current required yard area.
a.) If the proposed horizontal addition to that building would not protrude further than the furthest point of the existing building line into that required yard area, then the Zoning Official can issue the permit and no application to the Board of Adjustment is necessary. The proposed addition must be equal to the existing building line, but cannot exceed the same if it violates the setbacks.
b.) If a proposed vertical addition would be located within the building envelope or existing building footprint (and assuming no violation of height restriction or other ordinance provision), the Zoning Official may also issue a permit for such vertical expansion provided that the addition would not exacerbate the nonconformity.
4. An existing one-family structure located in a residential district destroyed by fire or other natural calamity may be rebuilt provided the new structure complies with all zone requirements relating to setbacks and height; however, the existing lot need not comply with minimum lot width, depth and area requirements where the existing condition is non-conforming.
E. The prospective purchaser, prospective mortgagee, or any other person interested in any land upon which a nonconforming use or structure exists may apply for, in writing, the issuance of a certificate certifying that the use or structure existed before the adoption of the ordinance which rendered the use or structure nonconforming. The applicant shall have the responsibility of affirmatively proving the preexisting nonconforming use or structure. Application pursuant hereto may be made to the Zoning Board of Adjustment Administrative Officer within one year of the adoption of the ordinance which rendered the use or structure nonconforming or at any time to the Zoning Board of Adjustment.
F. Any parcel of land with an area or width less than that prescribed for a lot in the zone in which the lot is located may be used as a lot for any purpose permitted in the zone, if:
1. at the time of and since the adoption of the zoning ordinance making such lot nonconforming, the owner of the lot did not own adjoining property.
2. all other regulations prescribed for the zone are or can be complied with.
**Webmasters Note: The previous section has been amended as per Ordinance No. 08-03.
A. Purpose. The purpose of the Transit Village Zone (TV) District is to provide a form based code to provide an opportunity for future development that will take place at an appropriate scale, and takes into consideration how development projects will impact the aesthetics and function of the public realm.
B. Form A - Commercial Zone - Form A includes the following Blocks and Lots:
Block 162, Lot 67
Block 165, Lot 13
Permitted Principle Uses.
Minimum Lot Size.
Yard and Bulk Regulations.
Principal Building.
Density/Intensity Standards.
C. Form B - Medium Density Residential Zone - Form B includes the following Blocks and
Lots:
Block 162, Lot 73, Lot 74, Lot 70, Lot 1, Lot 2, Lot 9, Lot 10, Lot 11
Block 164, Lot 10, Lot 40, Lot 42, Lot 44, Lot 45, Lot 41, Lot 47, Lot 48, Lot 49, Lot 9, Lot 2, Lot 8, Lot 4, Lot 5, Lot 7
Permitted Principal Uses.
Minimum Lot Size.
Yard and Bulk Regulations.
Principal Building.
Density/Intensity Standards.
D. Form C - Lower Density Residential Zone - Form C includes the following Block and Lots:
Permitted Principle Uses.
Minimum Lot Size
Yard and Bulk Regulations.
Principal Building.
Density/Intensity Standards.
**Webmasters Note: The previous section has been added as per Ordinance No. 14-48.
