(A) The Zoning Map adopted on April 12, 1999 as Ordinance No. 919-99, and any and all amendments thereto adopted from time to time by the Township Committee as required by law, is hereby incorporated in, and made a part of this Unified Land Development Ordinance (ULDO), as if the same were fully set forth herein. In the event of any conflict between this ULDO and the Zoning Map or between the Zoning Map and any ordinance duly adopted as required by law after the effective date of this ULDO, the ULDO or such ordinance, as the case may be, shall govern and control. When an uncertainty exists as to the boundaries of any of the zoning districts designated on the Zoning Map, the following rules shall apply:
(1) Zone boundary lines are intended to follow the centerline of street or the lot or property lines or natural lines such as watercourses as theyexist on plats of record unless such district boundaries are fixed by dimensions on the zoning map or by description.
(2) Where such boundaries are fixed by dimensions and where they approximately follow lot lines, and where they are not more than ten feet distant therefrom, such lot lines shall be construed to be such boundaries unless shown otherwise.
(B) Modifications of front, rear and side yard setbacks.
(1) Any front, rear or side yard setback area shall be unoccupied and unobstructed from the ground upward except for the ordinary projection of sills, belt courses, chimneys, flues, buttresses, eaves or other incidental projections, provided that no such projection extends more than 24 inches into a required yard or as otherwise provided for in Chapter 152, except as specifically approved by the reviewing board pursuant to Title 15; in no event shall grading, construction or alteration of a lot or lots be permitted within five feet of a side or rear property line.
(2) For residential structures existing prior to the effective date of this ULDO:
(a) An unroofed entrance structure, whether made of wood, masonry or some other material permitted under the Township Building Code and regulations, lying next to or in contact with any other structure on the property, which does not exceed the height of the first or main floor elevation, shall be permitted to extend into the side and/or rear yard setback areas of the property; provided, however, that the total area of such entrance structure shall not exceed 50 square feet for side yard structures and 150 square feet for rear yard structures, and that portion of such structure which encroaches into the relevant setback area(s) shall not exceed 25% of the relevant setback area(s).
(b) Any unroofed entrance structure which was constructed prior to the effective date of this ULDO which exceeds the limitations of this section in any area of a front, rear or side yard may be rebuilt or reconstructed with substantially the same materials as the original construction at the same location and of the same size as the original structure but shall not exceed 200 square feet in total area, notwithstanding that such existing structure does not conform to the standards established by § 150.12(B)(2)(a) above. Wooden landings or decking cannot be substituted for concrete or masonry entrance structures.
(c) This provision shall not apply and may not be used if the existing or proposed unroofed entrance structure exceeds an overall size of 400 square feet.
(3) All new residential structures, the building permit for which is issued after the effective date of this ULDO, must comply in all respects with the applicable front, rear and side yard setback requirements.
(4) Whenever specifically indicated on the zoning map by the use of symbols, figures or other suitable indications, setback lines on major highways or on major running streams or bodies of water are herewith established. Such setback lines shall mark that location closest to the highway, stream or body of water at which any structure may be erected, regardless of other regulations in Chapter 152 or other ordinances governing front, side or rear yards; provided, however, that this shall not apply to structures necessary for access and safety, such as bridges, culverts or protective walls and fences. Unless otherwise specified and indicated on the zoning map, no structure shall be erected on land which is less than four feet above the normal or average level of any adjacent running stream, lake or body of water, including tidewaters, nor closer than 50 feet to such stream, lake or body of water, whichever conditions shall impose the greater requirements. Such distance shall be measured to the intersection of the finished grade with the structure at the lowest elevation of such grade. In the case of tide-waters, no structure shall be erected on land which is less than four feet above mean high water.
(5) All lots established by subdivision or development plans when filed, must clearly delineate all building and/or structure setback lines measured from the property line.
(6) Temporary handicap access structures and ramps shall be governed by the following:
(a) Temporary handicap access structures and ramps may be installed on a residential property, within the front or side yard setback areas, for a period not to exceed six months with verification of the need for the access from a licensed physician. The zoning permit may be extended for an additional six months if the need is justified to the satisfaction of the Zoning Officer.
(b) Any extension of time beyond the maximum of one year limit provided by this section shall require the submission of an application to the reviewing board for an approval of a variance to permit the access structure and ramp to remain.
(c) Any temporary access structure or ramp installed or constructed under the special provisions of this section must be removed when the ownership or tenancy of the property changes.
(d) All application fees, variance fees, escrows and fees for property owner lists shall be waived in connection with applications made by the owner, or occupant (with consent of the owner) of residential property to install handicapped ramps and other ADA accessibility improvements to the applicant's property to make the property more accessible for an occupant of the property who has a physical handicap.
(7) Wherever a lake- fronting residential dwelling exists, wooden waterfront structure (platform/deck) may be constructed closer than restricted by Chapter 152, provided that the proposed plans meet the following conditions:
(a) The structure does not exceed 250 square feet in size.
(b) The dimensions of the structure shall not extend farther into the water body than 12 feet from the lake frontage (edge of water).
(c) The structure shall not be raised more than 30 inches above the natural ground level.
(d) Any connecting walkways shall not exceed four feet in width from any other structures permitted in the normal building envelope required pursuant to the applicable provisions of Chapter 152.
(e) The proposed structure has received an approval from the State Department of Environmental Protection, Division of Coastal Resources and/or the Army Corps of Engineers if the proposed structure is to be located in a stream encroachment, floodplain or wetland designated area as outlined in the Freshwater Wetlands Protection Act Rules, Operative Date July 1, 1988 (N.J.A.C. 7:7A).
(8) On all corner lots the depth of all yards abutting on streets shall not be less than the minimum front yard depth required on an adjoining interior lot fronting on such street. No corner lot setback shall in any case be less than 20 feet, except that the provisions of this section shall not apply so as to reduce the buildable width to less than 50% of any lot that is less than 100 feet in width. Corner lots having frontages of greater than 150 feet on both intersecting streets shall observe the same requirements for front yards on both streets as apply to adjoining interior lots fronting on such streets.
(C) Permitted modification of height limitations.
(1) Nothing in this chapter shall prevent the erection above the building height limit of a parapet wall or cornice extending above such height limit not more than four feet.
(2) The height limitations of Chapter 152 shall not apply to church spires, belfries, cupolas, domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, bulkheads, and necessary mechanical appurtenances usually carried above the roof level or to noncommercial radio and television antennas, except where in the opinion of the reviewing board engineer such may be deemed to interfere with aerial navigation or constitute a fire hazard. Such features, however, shall not exceed in total coverage 20% of the total roof area and shall not exceed a reasonable height to be determined by the reviewing board engineer.
(D) Required street frontage.
(1) Every dwelling structure shall be built upon a lot with frontage upon a fully improved public street.
(2) The requirement and extent of full improvements of a public street shall be determined by the Township Engineer based on site conditions relating to drainage and public safety.
(3) The Township Committee shall have the final determination to require or waive full improvements to any public street.
(E) Corner lot restrictions. At the intersection or interception of two streets, no hedge, landscape planting, fence or wall higher than three feet above curb level nor any obstruction to vision other than a post or tree not exceeding one square foot in area in the cross section shall be permitted on any lot within the triangular area formed by two intersecting street lines bounding the lot or the projection of such lines and by a line connecting a point on each street line located 25 feet from the intersection of the street lines. Similarly, there shall be no obstruction to vision as stated herein with respect to rights-of-way between sidewalk area and curbing or front property lines, curbing or the edge of paving.
(Ord. 945-99, passed 9-13-99; Am. Ord. 28-00, passed 10-10-00; Am. Ord. 85-06, passed 4-24-06; Am. Ord. 266-15, passed 5-11-15)