This Part 2 may be known as the 'Holland Township Development Regulations Ordinance (1977)"

This Part 2 is adopted pursuant to the Municipal Land Use Law, NJSA 40 55D-1 et seq., and this Part 2 together with the Zoning Ordinance, is designed to effectuate the purposes of such law 29

A.Any word or term not defined shall be used with a meaning of standard usage for the context in which the word is used

B.The following words and phrases in this Part 2 are used as defined in the Municipal Land Use law but with reference to this Part 2 and appropriate provisions thereof. applicant, application for development, building, capital improvement, circulation, common open space, conventional, County Master Plan, County Planning Board, days, developer, development, development regulation, division, drainage, erosion, final approval, historic site, intersected party land, major subdivision, Master Plan, Mayor, municipal agency, nonconforming lot, nonconforming structure, nonconforming use, Official County Map, Official Map, off-site, off-tract, on-site, on-tract, open space, party immediately concerned, planned development, plat, preliminary approval, preliminary floor plans and elevations, public areas, public development proposal, public drainage-way, public open space, quorum, resubdivision, sedimentation, structure, subdivision, variance and written notice

As used in this chapter, the following terms shall have the meanings indicated:

APPROVING AUTHORITY - The Township Planning Board, unless a different municipal agency is designated in the text of this Part 2 or has the power of review, approval or other action, when acting pursuant to the authority of the Municipal Land Use Law, in which case it shall be that municipal agency.

BOARD OF ADJUSTMENT - The Holland Township Board of Adjustment

BUFFER STRIP - A strip of land, of the width designated by this Part 2, maintained in trees or other natural woodland growth, or planted with evergreens, hedge or shrubbery of sufficient height to protect adjoining residential, agricultural, industrial or commercial uses from noises, dust, glare or other possible nuisances which might result from the operation of mining, utility, storage, commercial or loading or parking activities

BUILDING CODE - The New Jersey State Uniform Construction Code"

BUILDING PERMIT - The construction permit required under the New Jersey State Uniform Construction Code for new construction, renovation, alterations or additions, or a combination thereof

CONDITIONAL USE - A use permitted in a particular zoning district only upon a showing that such use in a specific location will comply with the conditions and standards for the location or operation of such use as contained in the zoning provisions of this Part 2 and upon the issuance of an authorization therefor by the approving authority

DISTRICT - A zoning district

DRIFTWAY - A roadway, thoroughfare, place or passageway sufficiently wide to accommodate motor vehicle traffic (including emergency vehicles), which is not a street as defined herein, but which, prior to March 7, 1953, has become established for use by owners of abutting land having no frontage on any existing state, county or municipal roadway for ingress or egress over the property of others, between a public roadway and the abutting properties. For the purposes of this Part 2, a private lane situated entirely on a single property shall not be considered to be a "driftway [Amended 9-5-78]

ENVIRONMENTAL COMMISSION - The Environmental Commission established by ordinance of the township

FLOOD FRINGE - That portion of the flood hazard area outside of the floodway

FLOOD HAZARD AREA - The floodway and any additional portions of the floodplain which the improper development and general use of would constitute a threat to the safety, health and general welfare. This shall constitute the total area inundated by the flood hazard design flood

FLOODPLAIN - The relatively fiat area adjoining the channel of a natural stream, which has been or may be hereafter covered by floodwater

FLOODWAY - The channel of a natural stream and portions of the floodplain adjoining the channel which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream This shall constitute the portions of the floodplain needed for the passage of the floodway design flood without an appreciable rise in the water surface profile

GOVERNING BODY - The Township Committee of the township

LOT - A designated parcel or area of land established by plat or otherwise established by deed description, subdivision or record of survey map and to be used, developed or built upon as a unit

MAINTENANCE GUARANTY - Any security, other than cash, which may be accepted by the township for maintenance of any improvements required by this Part 2.

MAJOR DEVELOPMENT - A development requiring major subdivision or site plan approval.

MAP FILING LAW - N.J.S.A. 46-23-9.9 et seq.

MINOR SUBDIVISION [Amended 4-15-80 by Ord. No. 506]:

A. A subdivision of land that does not involve:

(1) The creation of more than three (3) lots, including any lot consisting of the remainder of the original lot

(2) Planned development as defined in the Municipal Land Use Law,"

(3) Any new street, or

(4) Extension of any off-tract improvement, the cost of which is to be prorated pursuant to § 100-180 of this Part 2 If the lot or lots have once been part of a minor subdivision under this Part 2 or any ordinance repealed hereby, a further division thereof shall not be classified as minor if the granting of the required minor subdivision(s) would result in more than three (3) minor subdivision lots, including the remainder of the original lot, being created within a twelve-month period

MUNICIPAL ATTORNEY OR ENGINEER - The attorney or engineer of the township

MUNICIPAL LAND USE LAW - N.J.S.A. 40-55D-1 et seq.

OFF-SITE AND OFF-TRACT IMPROVEMENTS - Improvements outside the site in question or the tract in question, respectively, to accommodate conditions generated inside the original tract as the result of the proposed development which shall include, but not be limited to, installation of new improvements and extensions and modification of existing improvements

OWNER - An individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this Part 2

PLANNING BOARD - The Holland Township Planning Board

RIGHT-OF-WAY - The total width and length of the course of a street

SITE PLAN EXEMPT - Development which does not comprise, in whole or in part, a use as to which a site plan is required under § 100-35, 100-54, 100-73 or 100-91 of the Zoning Ordinance. [Amended 9-6-77; 4-4-84 by Ord No. 84-3]

SITE PLAN, MAJOR - All site plans not defined as minor or exempt

SITE PLAN, MINOR - A site plan for a development requiring less than ten (10) parking and/or loading spaces as required in this Part 2, containing less than two thousand five hundred (2,500) square feet of floor area, not having more than fifty-percent lot coverage, not involving any planned development, not involving any new street not involving the extension of any off-tract improvement which is to be prorated pursuant to N.J.S.A. 40:55-42, and contains information reasonably required to make an informed determination as to whether the requirements established by this Part 2 for approval of a minor site plan have been met. [Amended 4-4-84 by Ord. No. 84-3; 9-15-87 by Ord. No. 1987-8]

SITE PLAN REVIEW ADVISORY BOARD - A group of citizens appointed by the Mayor for the purpose of reviewing site plans referred to it by the approving authority and making recommendations to the approving authority.

SILTATION BASIN - A facility through which stormwater is directed and which is designated to collect eroded soil from a designated area.

STREET :

A. Any street avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway; shown upon a plat heretofore approved pursuant to law-, approved by official action as provided in this Part 2; or shown on a plat duly filed and recorded in the office of the County Recording Officer prior to appointment of a Planning Board and the grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas with the street line [Amended 9-6-77]

B.The balance of said definition of "street' shall continued to read as heretofore.

C.For the purposes of this Part 2, "streets" shall be classified as follows.

(1) ARTERIAL STREETS - Those which are used primarily for fast or heavy traffic(2) COLLECTOR STREETS - Those which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development,

(3) MINOR STREETS - Those which are used primarily for access to the abutting properties

(4) MARGINAL ACCESS STREETS - Streets which are parallel to and Ascent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.

(5) ALLEYS - Minor ways are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street

TOWNSHIP - The Township of Holland, in the County of Hunterdon, New Jersey.

TRACT - An area of land composed of the lot or lots which are the subject of the development application as well as all property (of which such lot or lots are a part) contiguous thereto and in the same ownership, and also all portions of a street or right-of-way contiguous to such lot(s) or other property.

ZONING DISTRICT - A zoning district established under the Zoning Ordinance

ZONING ORDINANCE - The applicable Zoning Ordinance of the township, as amended and supplemented.

ZONING PERMIT - The zoning permit required under the Zoning Ordinance

There is hereby reestablished in the Township of Holland a Planning Board of nine (9) members consisting of the following four (4) classes:

A. Class I. Mayor.

B. Class II: one (1) of the officials of the municipality other than a member of the governing body, to be appointed by the Mayor, provided that if there is an Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40-56A-1 shall be deemed to be the Class II Planning Board member for purposes of this Part 2 in the event that there are among the Class IV members or alternate members of the Planning Board both a member of the Board of Adjustment and a member of the Board of Education.

C. Class III. one (1) of the members of the governing body appointed by it.

D. Class IV: six (6) other citizens of the township to be appointed by the Mayor as regular members and two (2) other citizens of the township to be appointed as alternates. The members of Class IV shall hold no other municipal office, position or employment, except that one (1) such member may be a member of the Board of Adjustment For the purposes of this section, membership on a township board or commission whose function is advisory in nature, and the establishment of which is discretionary and not required by statute, shall not be considered the holding of municipal office. If there is a Municipal Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board, as required by NJ S A 40:56A-1. shall be a Class IV Planning Board member, unless there are among the Class IV members or alternate members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education, in which case the member common to the Planning Board and Municipal Environmental Commission shall be deemed a Class II member of the Planning Board Alternate members of Class IV shall be designated by the Mayor at the time of appointment 'Alternate No. 1" and 'Alternate No 2 " Alternate members may participate in discussion of the proceedings but may not vote except in the absence or disqualification of a regular member of any class A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. I shall vote.

A. The term of the member composing Class I shall correspond with his official tenure. The terms of the members composing Class II and Class III shall be for one (1) year or terminate at the completion or termination of their respective terms of office, whichever occurs first, except for a Class II member who is also a member of the Environmental Commission. The term of a Class II or Class IV member who is also a member of the Environmental Commission shall be for three (3) years or terminate at the completion or termination of his term of office as a member of the Environmental Commission, whichever occurs first.

B. The terms of a Class IV member who is also a member of the Board of Adjustment or a Board of Education shall terminate whenever he is no longer a member of such other body or at the completion of his Class IV term, whichever occurs first.

C. The terms of all Class IV members first appointed pursuant to this Article shall be so determined that to the greatest practicable extent the expiration of such term shall be distributed evenly over the first four (4) years after their appointment as determined by resolution of the governing body; provided, however, that no term of any member shall exceed four (4) years, and further provided that nothing herein shall affect the term of any present member of the Planning Board, all of whom shall continue in office until the completion of the terms for which they were appointed. Thereafter, all Class IV members shall be appointed for terms of four (4) years except as otherwise herein provided. All terms shall expire at the end of a calendar year.

D.Any member, other than a Class I member, after a public hearing if he requests one, may be removed by the governing body for cause. 'Cause' shall be deemed to include, but not be limited to, absence by a member, without reasonable excuse and prior notice thereof to the Chairman, from three (3) consecutive regular or special meetings, or absence, without reasonable excuse and prior notice thereof to the Chairman, from three (3) regular or special meetings within any six-month period.

E. The alternate members of Class IV shall serve for terms of two (2) years; provided, however, that the initial terms of the two (2) Class TV alternate members shall be one (1) and two (2) years respectively.

If a vacancy in any class or vacancy of an alternate member shall occur otherwise than by expiration of term, it shall be filled by appointment as above provided for the unexpired term.

A.Authority

(1) Except where a variance under N J S A. 40 55D-70d is involved as outlined in Article XIX, Board of Adjustment, the Planning Board shall review and may approve all subdivisions, site plans and conditional uses and otherwise administer pursuant to this Part 2 the provisions hereof pertaining to subdivisions, site plans and conditional uses The Planning Board, when reviewing these applications, shall have the power to grant variances and other relief to the same extent and in the same manner as the Board of Adjustment as follows

(a) Extent.

[1] Grant a variance from the strict application of the Zoning Ordinance[a] Where by reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property or by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures existing thereon, the strict application of any such regulation of said ordinance would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the developer of such property in order to relieve such difficulties or hardship.

[b] Where in an application relating to a specific piece of property the purposes of the Municipal Land Use Law would be advanced by a deviation from the Zoning Ordinance regulations and the benefits of the deviation would substantially outweigh any detriment, to allow departure from the Zoning Ordinance

[2] In no case shall a variance be granted under Subsection A(1)(a) to allow a departure of the sort enumerated under N.J.S.A. 40.55D-70d.

(b) Grant direction pursuant to N.J.S.A 40:55D-34 for issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to N J S A. 40-55D-32

(c) Grant direction pursuant to N.J.S.A. 40.55D-36 for issuance of a permit for a building or structure not related to a street.

(d) Review and approve or deny conditional uses as outlined in the section entitled 'conditional use in § 100-154

(2) The Board has the authority to review all aspects of a development plan simultaneously without the developer being required to make further application to the Planning Board or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to these provisions, notice of the hearing shall include reference to the request for such conditional use.

B. Whenever relief is requested pursuant to this section, notice of the hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit, as the case may be.

C. Hearing notices and actions taken by the Planning Board when reviewing a site plan or subdivision simultaneously with applications requiring considerations for conditional uses and variances shall be in accordance with § 100-145. entitled 'Public hearing and notices"

D. In the event that the Planning Board disapproves a development plan, no zoning permit, industrial use permit, building permit or certificate of occupancy required prior to such development shall be issued Any applicant wishing to make a change in an approved application shall follow the same procedure as the original application

E.The Planning Board shall have the authority to permit a deviation from the final plan if caused by change of conditions beyond the control of the developer since the date of final approval and if the deviation would not substantially alter the character of the development or substantially impair the intent and purpose of the Master Plan and Zoning Ordinance