Editor's Note: The authority to regulate zoning is contained
in N.J.S.A. 40:55D-1 et seq.
This chapter shall be known and may be cited as the "Zoning
Ordinance of the Borough of Carlstadt."
The purpose of this chapter is to establish a pattern for the
use of land and buildings in the Borough of Carlstadt based on the
Master Plan for the Borough and to establish zoning districts and
regulations to promote the health, safety, morals and general welfare
of the community; lessen congestion in the streets; secure safety
from fire, panic and other dangers; prevent the overcrowding of land
and avoid undue concentration of population; facilitate adequate provisions
for transportation, water, sewerage, schools, parks and other public
requirements; conserve the value of buildings and encourage the most
appropriate use of land throughout the Borough; provide for public
health, comfort and general welfare in living and working conditions;
regulate and restrict the location of trades and industries and the
location of buildings designed for specified uses; regulate and limit
the height and bulk of buildings hereafter erected; and to regulate
and determine the size of yards, courts and other open spaces for
buildings hereafter erected.
The provisions and requirements of this chapter shall be held
paramount to any corresponding or similar but less restrictive provisions
of any existing law, ordinance, rule or regulation.
See Building, Accessory.
A portion of a structure, partly below the finished grade,
which has more than half of its floor to ceiling height above the
proposed finished grade adjoining any of the foundation walls of the
structure. A basement shall be considered as the first story of a
structure.
The frontage on one side of the street, either between two
intersecting streets, between two intercepting streets or between
an intersecting and an intercepting street.
Each of the independent units with separate entrance into
which the structure is divided by party walls. The term "building"
shall also include "structure."
A separate building or other structure which is subordinate
and accessory to a main building on the same lot.
The maximum area of a building and its accessories projected
on a horizontal plane.
The ratio of the lot area which lies within the outside lines
of the exterior walls (whether directly over the foundation or cantilevered)
of all buildings on the lot to the total area of the lot, expressed
as a percentage.
In the case of a dwelling, the vertical distance of any facade
(front, side or rear) of a structure as measured from the elevation
of the lowest floor area of the building or structure to the highest
point of the roof. No facade or a structure may exceed the permitted
height of the zone in which it is located without first obtaining
the necessary variance approval.
The line of the face of the building nearest the front line
of a lot. This face includes cantilevered sections of the buildings
and covered porches, whether enclosed or unenclosed, but does not
include steps. All yard requirements shall be measured to the building
line.
A portion of a structure, such as a beam, that is supported
at one end and carries a load at the other end or along its length,
that projects beyond a lower wall of a structure. When present, constitutes
the face of the structure or building line.
A portion of a structure partly or completely below the proposed
finished grade, which has less than half of its floor to ceiling height
above the proposed finished grade adjoining any of the foundation
walls of the structure. A cellar shall not be used for business or
dwelling purposes.
The vertical distance between the lowest level of such court
or yard to the highest point of any bounding wall. Where there is
a gable or mansard, the height shall be measured to the average height
of such gable or mansard, provided the combined width of all dormers
in the roof shall not exceed 30% of the length of the building on
the court or yard. In case the combined width of all dormers exceeds
30% of the building on the court or yard, the height shall be measured
to the eaves of the highest dormer. In any given case, the height
of the court or yard shall be measured to the eaves, gable or mansard
giving it the maximum height.
The least of the horizontal dimensions of such court or yard.
An open, unoccupied space on the same lot with a building,
not extending to either the street or the rear yard.
An open, unoccupied space on the same lot with a building,
extending to either the street or the rear yard.
The horizontal distance between the end opening on a street
or a rear yard and the end opposite such street or rear yard.
The permanently established grade of the street line in front
of the lot. Where the lot level is higher than the curb level, the
average level of the former along the wall in question may be taken
as the base for measuring the height of a side yard, inner court or
outer court. Where a lot fronts upon two or more streets of different
levels, the curb level of the higher street may be taken as the base
for measuring the height of open spaces and buildings to a distance
100 feet back from the street with the higher curb level.
Any number of individuals living privately together as a
single dwelling unit and using certain rooms and cooking facilities
in common.
The proposed elevation of the land surface of a site after
completion of the site preparation work; the finished grade.
For purposes of calculating minimum floor area requirements,
shall mean the area of all floors computed by measuring the dimensions
of the outside walls in a building, excluding attic and cellar floors,
porches, patios, terraces or breezeways, and carports, verandas and
separate and detached garages.
The sum of the area of all floors of buildings or structures
as compared to the total area of the lot or site.
An enclosed area, either constructed as part of a dwelling
unit (attached) or separately from such a dwelling (separate), and
located on the same lot as the dwelling, the purpose of which is the
storage of vehicles. If such a garage, whether attached or separate,
is accessory to a residential dwelling and used by the residents of
the dwelling, then it is a private garage. Any garage not a private
garage is a public garage and is not permitted in a residential area.
No private attached garage shall be permitted to have a door located
more than 15 inches higher or 15 inches lower than the topographical
elevation of the street at the curb directly in front of the garage
door, notwithstanding the location of the curb cut. Garages in two-family
residential structures shall be prohibited from having access doors
located in the front (or side if on a corner lot) of a principal structure
facing the street. The minimum square footage shall not be less than
625 square feet. No separate garage shall have a height of more than
14 feet from the floor to the top of the roof.
An accessory building in which no business, commercial service
or industry is carried on.
Any material that prevents the full or partial absorption
of stormwater into the ground.
A parcel of land, the location, dimensions and boundaries
of which are determined by the latest official records of the board
of assessors, occupied or intended to be occupied by one building
or one unit group of buildings and its accessory buildings and uses,
and including such open spaces as are provided or as required by this
chapter. The word "lot" shall also include "plot."
A parcel of land, not over 50 feet in width and not over
100 feet in depth, at the junction of and fronting on two intersecting
streets. Insofar as the size of a parcel located at the junction of
and fronting on two intersecting streets is in excess of these dimensions,
its excess area shall be treated the same as an interior lot.
The mean distance from the street line of the lot, measured
in the general direction of the side lines of the lot.
A lot other than a corner lot.
The average width of the lot.
That portion of the foundation that lays upon the ground
at finished elevation.
A structure for three or four families living in separate
dwelling units independently of each other.
Any indoor commercial establishment at which alcoholic beverages
are sold or consumed and that is determined, at any time and for such
period of time to be a nightclub by application of the factors set
forth in this definition. If an indoor commercial establishment could
reasonably be classified as either a nightclub or some different use,
it shall be deemed a "nightclub" for purposes of this Code. In determining
whether an establishment is a nightclub, the following factors shall
be considered:
If either one of the following factors are satisfied, then the
establishment is a "nightclub";
If neither of the factors listed in Paragraph (a) above are
present, then if any two of the following factors are satisfied, the
establishment is a "nightclub":
There is a dance floor or other open area used by patrons for
dancing or for viewing of live entertainment (such dance floor or
open space may be established by the removal or rearrangement of furniture
or tables);
The hours of operations during which the establishment is open
to the public includes time between 10:00 p.m. and 8:00 a.m. on any
day of the week;
The maximum capacity of the establishment, as set by the Building
and Fire Officials through fire, building, structure, and other relevant
regulatory considerations, is over 200 persons. The fact that the
establishment may restrict its capacity to some number shall not prevent
the Building Official from applying code provisions that determine
a different and increased capacity. The building and Fire Officials
may use various codes for this purpose (e.g., fire code provisions);
Advertisements for the establishment routinely describe specific
entertainment events or engagements (e.g. "House Party Saturday Night";
"DJ Thursday night"; "Rock Band tonight"); or
The establishment features a platform or musical staging area
used in connection with performances or entertainment.
One that does not conform with the use regulations of the
zone in which it is situated.
Includes the term "designed or intended to be occupied."
Offices of an architect, engineer, attorney, dentist, medical
doctor, member of the clergy, accountant or any other established
recognized profession.
Every sign, billboard, ground sign, wall sign, roof sign,
illuminated sign, projecting sign, temporary sign, marquee, awning,
canopy and street clock and including any announcement, declaration,
demonstration, painting, display illustration or insignia used to
advertise or promote the interests of any person when the same is
placed out of doors in view of the general public.
A variety store where merchandise is represented to be sold
at prices less than generally charged for comparable merchandise.
A store used for the retail sale of merchandise and not principally
for the sale of foods.
That portion of a building between the surface of any floor
and the surface of the floor above it or, if there is no floor above
it. then the space between the surface of the floor and the ceiling
above it.
The lowest story or the ground story of any structure, the
floor of which shall not be more than 48 inches below the proposed
finished grade at any exterior wall of the structure. Any private
garage that has a floor less than 48 inches below the proposed finished
grade of any exterior wall of the structure shall be considered the
first story. In considering the status of any garage, the definitions
of "basement," "cellar" and "garage" shall be consulted.
A partial story under a gable, hip or gambrel roof, the wall
plates of which, on at least two opposite exterior walls, are at least
three feet above the floor of such story.
The dividing line between the street and the lot.
Includes the term "arranged, designed or intended to be used."
An open, unoccupied space on the same lot with a building,
situated between the front building line and the street line of the
lot.
See Court Height.
See Court, Least Dimensions.
An open, unoccupied space on the same lot with a building,
between the rear building line and the rear line of the lot.
An open, unoccupied space on the same lot with a building,
situated between the side building line and the side line of the lot
and extending through from the street to the rear yard, or where no
rear yard is required, the rear line of the lot.
a.
For
the purpose of this chapter, the Borough of Carlstadt is hereby divided
into 13 classes of zones:
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Residential Zone
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Island Residential Zone
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Commercial Zone
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Mixed Commercial Zone
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Waterfront Recreational Zone
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Research Distribution Park Zone
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Light Industrial Zone
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Light Industrial I and Distribution B Zone
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Light Industrial II and Distribution A Zone
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Heavy Industrial Zone
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Marshland Preservation Zone
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Senior Citizen Housing Zone
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Senior Citizen Affordable Housing Overlay Zone
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b.
The
zone for those properties fronting on the westerly side of Garden
Street from Industrial Road north to the Borough's boundary line with
the Borough of Wood Ridge shall be designated as residential in their
entirety. The division line between the light industrial and the residential
shall be the rear property lines of Block 3, lots 9, 18, 30, 34, 40,
41, 44, 48 and 50 as shown on the Tax Map for the Borough of Carlstadt
with these properties being entirely within the residential zone.
c.
The
following properties shall be designated as follows:
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Zone
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Description
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|---|---|
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Light Industrial
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Block 8, part of lots 1 and 2; block 18, lots 6 to 10; block
19, lots 9 and 10.
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Light Industrial I and Distribution B
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Block 84, lots 1 to 6; block 91, lots 1 to 4; block 92, lots
1 and 2; block 97, lots 1 to 7; block 98, lots 1 to 3; block 99, lots
1 and 2; block 100, lots 1 to 3; block 101, block 102, block 103,
block 104, block 110, lots 1 to 5; block 111, lots 1 to 5; block 112,
lots 1 to 3; block 113, block 114, lots 1 to 5, block 115, lots 1
to 4; block 116, lots 1 to 12; block 117, lots 1 to 4; block 118,
lots 1 to 10; block 119, lots 1 to 3; block 120, lots 1 to 19; block
120.1, lots 20 to 23; block 121, lots 1 and 2; block 122, lots 1 to
8; block 123, lots 1 to 5, part of 6, 6A to 6D, 11 to 50; block 124,
lots 15 to 36; block 126, lots 18 to 26, 39, 40; block 127, lot 6
to 23; block 128, lots 1 to 8, 22 to 30, 37, 40, 50 to 52; block 129,
lots 1 to 10; block 130, lots 1 to 19; block 132, lots 1 to 4, 61
to 64; block 131.1, part of 65; block 131.2, lots 55-58, 63, 64.05,
64.06; block 132, lots 1 to 9.
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Light Industrial II and Distribution A
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Block 128, parts of lots 21, 33, 34, 35, 36, 38 and 39; block
131.1, lot 65; block 131.2, lots 59.01, 64.01 to 64.04.
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Marshland Preservation
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Block 123, lots 7, 8, 9 and part of 6; block 137, lots 10 to
18, part of 20.
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Island Residential
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Block 128, lots 9 to 20, part of lots of 21, 33, 34, 35, 36,
38 and 39; block 131, lots 35 and 36; block 131.1, lot 67; block 136,
lots 1 to 7; block 137, lots 1 to 9, 19 and 46; block 138, lots 1
to 10.
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Senior Citizen Housing Zone
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Block 73, Lots 1, 2, 3, 4, 14 and 15
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Senior Citizen Affordable Housing Overlay Zone
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Block 55, Lots 9 and 10
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d.
Any
disputes as to the zoning district boundary lines of those properties
laying within the Hackensack Meadowlands Development Commission jurisdiction
shall be resolved in accordance with the Official Map of the Hackensack
Meadowlands District.
e.
The
zones shall be as shown on the Building Zone Map which accompanies
this chapter and is hereby declared to be a part thereof, and as amended
from time to time. No building or premises shall be used, and no building
shall be erected or altered, except in conformity with the regulations
herein prescribed for the zone in which such building or premises
is located.
f.
The
zone for those properties fronting on Hoboken Road and Paterson Avenue
from Lincoln Street west to the Borough's boundary line with the Borough
of Wallington and bordered on the north by Broad Street and Industrial
Road shall now hereby be designated as a Mixed Commercial Zone, specifically
including the following Block and Lots: Block 2, Lots 7, 8 and 9;
Block 23, Lots 1.01, 1.02, and 3.01.
No building hereafter erected or altered shall be erected or
altered to exceed the height or to accommodate or house a greater
number of families or to occupy a greater percentage of the lot area
or to have narrower or smaller front yards, rear yards, side yards,
inner or outer courts or to be situated on a smaller or narrower lot
than is laid down in the "Schedule Limiting Height and Bulk of Buildings"
for the zone in which such building may be located. This schedule
accompanies these regulations and is hereby declared to be a part
thereof.
21-6.1.
Permitted Uses. Within a residential zone, no buildings or lands
shall be used in whole or in part for any industrial, manufacturing,
trade or commercial purpose or for any other than the following specified
purposes:
a.
Dwellings.
1.
In a residential zone, no dwelling shall be erected, altered or used
for housing of more than two families. No lot used for dwelling use
shall have a floor area ratio in excess of .65. A two-family dwelling
use shall be a conditional use, permitted only upon a demonstration
of compliance with the following standards:
(a)
No two-family dwelling may be situated on a lot less than 50 feet
in width and 100 feet in depth.
(b)
No two-family dwelling may have a building area in excess of 30%
of the lot area.
(c)
All two-family structures must be built on a slab at street level.
No cellars or basements shall be permitted in two-family structures.
(d)
Only one dwelling unit in a two-family structure may exceed 1,050
square feet in total living area.
(e)
All two-family structures shall have a full masonry facade and must
be of unique architecture, color and styling from adjoining structures
on either side of it. No identical or mirror image structures shall
be permitted side by side.
(f)
All two-family residential structures must have a fully enclosed
garage, which shall be prohibited from having access doors located
in the front (or side if on a corner lot) of a principal structure
facing the street. The minimum square footage shall not be less than
625 square feet.
2.
No construction permit shall be issued for a two-family use until
conditional use approval for such two-family use has been granted
by the Planning Board after public hearing. Public notice of a hearing
on an application for conditional use approval shall be given in the
same manner and subject to the same terms and conditions as are required
in the case of variance applications.
3.
The Planning Board shall, by resolution, adopt and from time to time
may amend the form of application for such conditional use approval.
4.
Each application for conditional use approval shall provide the following:
(a)
A completed application form with all required data and attachments;
(b)
A topographic survey print of the lot showing the existing contours
of the lot and all existing structures on the lot;
(c)
A plot plan showing the proposed dwelling and all other buildings
to be placed on the lot, together with the proposed postconstruction
contours of the lot;
(d)
A drawing of the proposed facades of the proposed dwelling and all
other buildings to be placed on the lot;
(e)
Floor plans of the proposed dwelling and all other buildings to be
placed on the lot;
(f)
Proof of service and publication of the notice of public hearing
as required by law.
5.
All surveys and plot plans submitted in support of the application
shall meet the standards established in Sections 35 and 36 of the
Land Subdivision and Site Plan Review Ordinance.
b.
Schools,
public libraries, public museums, churches and church buildings.
c.
Parks
and playgrounds.
21-6.2.
Accessory Uses. Accessory uses customarily incident to the above
uses shall be permitted. The term "accessory use" shall not include
a business or any building or use not located on the same lot with
the building to which it is accessory. Accessory uses may, however,
include an office for a professional person, dressmaker, artist, teacher
or musician when situated in the same dwelling used by such person
as his/her dwelling. A garage or group of garages for more than four
motor vehicles shall not be permitted as an accessory use. Permitted
garages need not, however, be occupied by motor vehicles owned by
the occupant of the premises to be considered an accessory garage.
21-6.3.
Signs. See section 21-20, Signs and Billboards.
21-6.4.
Off-Street Parking, Commercial Vehicles. In the residential district,
off-street parking of commercial vehicles shall be provided as follows:
a.
Not
more than one commercial vehicle, as herein defined, shall be permitted
on any residential property in the Borough of Carlstadt.
b.
The
term "commercial vehicle" shall include any open truck or closed van
type of vehicle owned or operated by a resident for commercial purposes,
irrespective of license registration, with a gross vehicle weight
of not more than 9,200 pounds, with a height not exceeding seven feet
and/or a length not in excess of 22 feet. The term "van" shall apply
to a van type vehicle used for recreation, travel or as a passenger
vehicle.
c.
A
commercial vehicle shall not be permitted to have exposed construction
materials while parked on residential property, but rather shall be
covered at all times.
d.
The
owner or operator of a commercial vehicle who intends to park the
same on residential property shall register the vehicle with the Borough
police.
21-6.5.
Accessory Apartments. Accessory apartments are permitted in accordance
with Section 21-23, subject to the following requirements:
a.
The
apartment shall be created by the partitioning of, or extension of
space within, the existing dwelling. No apartment shall be constructed
or established within any accessory use structure such as a garage.
b.
No
more than one accessory apartment shall be created in a dwelling.
c.
The
"Schedule Limiting Height and Bulk of Buildings" for two families
per building in the Residential Zone shall apply.
21-7.1.
Purpose. These specially planned areas are designed to accommodate
relatively dense residential uses that will be clustered on man-made
islands. The islands will be located within man-made lagoons of the
Hackensack River which will be surrounded by substantial areas of
marshland open space. The regulations are designed to require unified
planning and development of large-scale projects that will occupy
a minimum amount of land area and will disturb, to the least extent
possible, existing marshland areas.
21-7.2.
Type of Development. The general plan shall contain the following
types and amounts of development:
a.
Residential
Development.
1.
Any type of structure containing dwelling units may be built except
single-family houses, duplexes, and two-family houses.
2.
Each IR development shall have no less than 20 nor more than 25 dwelling
units per acre for the total area of the IR development, minus the
acreage used for school sites, commercial area (which shall be deemed
only for the purpose of determining the total number of dwelling units
required and permitted in each IR development to be 15 acres for each
community shopping center and five acres for each neighborhood shopping
center), open areas, state highways or turnpikes, railroad right-of-way
and land used for nonconforming uses or structures.
3.
The applicant shall make every possible effort before, during and
within five years after completion of the IR development to provide,
or cause other to provide, housing that will result in a community
with a mix and balance of income levels that shall reflect regional
housing needs and the range of job opportunities available in the
Borough. The board shall consider the experience of developers of
economically integrated housing in the region as to what type of mix
creates a stable and viable community, the profitability of other
uses required and permitted in the IR development, federal and state
guidelines, and other criteria and data that the board determines
to be appropriate.
b.
Commercial
Development.
1.
The applicant shall develop neighborhood and community shopping facilities
suitable for sale or lease to typical community and neighborhood retail
and service uses, except that no drive-in establishments shall be
permitted.
2.
Strip commercial development shall not be permitted.
3.
No business establishment shall offer or sell food or beverages for
consumption on the premises in parked motor vehicles.
4.
Goods may be produced on the premises, but all goods produced on
the premises shall be sold to the consumer on the premises where produced
or delivered directly to the consumer.
c.
Common
Open Space.
1.
At least 50% of the residential/commercial land area of each IR development
shall be used for inter-neighborhood common open space. The remaining
land within the residential/commercial land area shall be man-made
islands, on landfill, piles and platforms or other appropriate support.
At least 17% of these islands shall be in intraneighborhood common
open space, of which at least 14% shall be at ground level and the
remainder may be in roof area which could be used as required or permitted
in this section.
2.
Intraneighborhood common open space shall be located in one or more
clusters within each neighborhood or intermingled among the users
of the IR development. It shall contain recreation areas and facilities
and playgrounds for children sufficient to meet the recreational needs
of the residents of the neighborhood. Recreation facilities sufficient
to serve the recreational needs of the residents of the entire IR
development may be interspersed among the neighborhoods and located
in the intraneighborhood open spaces. At the waterfront of each island,
docking facilities for private boats, for which a fee may be charged,
and walkways shall be provided. All intraneighborhood common open
space not used for recreational and waterfront purposes shall contain
landscaped areas and may contain watercourses or other amenities.
Structures for community meetings and activities and for public cultural
activities may be built upon intraneighborhood common open space.
3.
All inter-neighborhood common open spaces shall be open water lagoons
of the Hackensack River and marsh open space. No use shall be operated,
conducted or maintained that may impair the quality of the marsh open
space. All major watercourses in any IR development shall be retained
in their natural state along with natural vegetation along their banks.
4.
Open space shall be provided in the community and neighborhood shopping
centers sufficient to serve the needs of the users thereof. Such open
space shall contain plazas and malls, open or covered, and pedestrian
paths and ways; and may contain fountains and reflecting pools, landscaped
area and watercourses.
5.
All open space, and facilities and structures thereon, shall either
be dedicated to the public, with the approval and subject to the terms
of the Meadowlands Commission, or maintained in accordance with the
requirements of this chapter.
d.
Drainage
Requirements. Where any development pursuant to this section borders
the Hackensack River or any of its tributaries, there shall be a fifty-foot
wide strip of wetland to insure proper drainage and edge effect at
such border.
e.
Transportation
Systems.
1.
Automobile circulation systems, including roads, streets and parking
facilities, shall be designed primarily for access to other points
within the Meadowlands and to the vehicular circulation system of
the Northeast New Jersey-New York metropolitan region rather than
for internal circulation within the IR development. Such automobile
circulation systems shall use as little land as possible and shall
intrude as little as possible upon the IR zone within which it is
located.
2.
The applicant shall arrange for the appropriate public or private
body to provide, the developer or shall provide, a mass transit system,
including marine transit sufficient to meet the transportation needs
of the residents of the IR development, as to both internal movement
and, where possible, access to widely used areas in the Meadowlands
District and in the Northeast New Jersey-New York metropolitan region.
The mass transit system shall be coordinated with the mass transit
systems of abutting specially planned areas, with any mass transit
system for all or part of the Meadowlands District in general, and
with the commuter transfer systems where appropriate.
3.
Vehicular parking and loading shall be required as provided in N.J.A.C.
19:4-6.18.
f.
Medical
Facility. The applicant shall provide for or make arrangements to
insure that the appropriate governmental agency or private individual
or group provides physical and mental health care facilities sufficient
to meet the health needs of the residents of the IR development not
otherwise provided for. A fee may be charged for such uses.
g.
Child
Care Facilities. The applicant shall provide for or make arrangements
to insure the appropriate governmental agency, private individual
or group provides group day care centers and nursery schools sufficient
to serve the needs of the residents of the IR development. A fee may
be charged for such uses.
h.
Community
Centers. The applicant shall provide, on open space land or otherwise,
centers and halls for community meetings and activities, sufficient
to serve the needs of the residents of the IR development.
i.
School
Facilities. The applicant shall demonstrate that (s)he has consulted
with the school district or districts having jurisdiction and that
they have agreed upon a schedule for schools that will meet the needs
of the residents of the IR development.
j.
Public
Improvements and Utilities.
1.
Public improvements must be provided in accordance with this chapter.
2.
The applicant shall demonstrate that (s)he has consulted with the
electric, gas and telephone utilities having jurisdiction and that
they have agreed upon a schedule for the installation of utilities
that will meet the needs of the residents of the IR development.
3.
The general, development and implementation plans may also include
other uses which will benefit the residents of the IR development,
and which are compatible with the residential character of the IR
development, including, but not limited to:
(a)
Chapels, churches, synagogues and temples.
(b)
Private schools.
(c)
Offices for professional services, which may be interspersed throughout
the neighborhood, located in a neighborhood shopping center or located
in the community shopping center. The floor area of all offices for
professional services shall be included in the floor area of all commercial
uses for determining whether the maximum floor area limitations have
been exceeded.
(d)
Charitable and social services.
(e)
Public cultural facilities.
(f)
Governmental uses.
(g)
Light public utility uses.
(h)
Medical facilities and nursing homes.
4.
Structures and open spaces shall be laid out in a manner that best
serves the residents and users of each IR development. Site layout
shall maximize aesthetic values and shall be in accordance with imaginative
and farsighted concepts of site design.
21-7.3.
Signs. See section 21-20, Signs and Billboards.
21-8.1.
Permitted Uses. Within any commercial zone, no building or lands
shall be used in whole or in part for any industrial or manufacturing
purpose, or for any other than the following specified uses:
a.
Hotels,
retail service, office, retail service store, food supermarket, professional
office, discount store, variety store, tavern, restaurant, confectionery,
shop of a plumber, electrician or similar trades person, automobile
salesroom, cleaning, pressing and tailoring operations done exclusively
for local and individual customers, but not including work done for
the trade or for other establishments; all provided that, in the permitted
stores or shops, no merchandise shall be carried other than that intended
to be sold at retail on the premises, that only electric motor power
shall be used for operating any machinery used incidentally to a permitted
use, and that no supplies, materials or goods shall be stored outdoors.
b.
Retail
service store, as used in the preceding paragraph, is not intended
and shall not be construed to include establishments handling storing
coal, lumber, oil, sand, stone, gravel, brick, tile masonry material
or other bulk structural building materials.
c.
Awnings
of opaque material and with opaque lettering are permitted. No back
lighting or florescent lettering is permitted. The awnings shall not
project or extend more than two feet from the building.
d.
All
other signs and awnings are prohibited.
e.
Any
use permitted within the residential zone shall be permitted within
the commercial zone.
21-8.2.
Prohibited Uses and Buildings. In a commercial zone, no structure
or premises shall be erected which is arranged, intended or design
to be used for any of the following specified trades, industries or
uses:
a.
Billiard
or poolroom business where the public is permitted.
b.
Bottling
works.
c.
Building
material storage yard.
d.
Carousel,
roller coaster, whirligigs, merry-go-rounds, Ferris wheels or similar
amusement devices.
e.
Carpet,
rag or bag cleaning establishment.
f.
Carting,
express, hauling or storage yard.
g.
Contractor's
plant or storage yard.
h.
Coal,
cement, lime, plaster, coke, lumber, wood or brick storage.
i.
Ice
plant or storage.
j.
Livery
or boarding stables.
k.
Lunch
wagons.
l.
Metal
or woodworking shop employing more than four persons.
m.
Sand
or gravel pit.
n.
Milk
distributing station.
o.
Stone
yard or monument works, except immediately opposite or adjacent to
a cemetery.
p.
Storage,
sorting or baling of scrap paper, iron, bottles, rags or junk.
q.
Any
trade, industry or use prohibited in an industrial zone.
r.
Any
use that is noxious or offensive by reason of the emission of dust,
smoke, gas or noise.
21-8.3.
Signs. See section 21-20, Signs and Billboards.
21-8.4.
Nightclubs. Nightclubs shall be a conditional use within the Commercial
Zone, subject to and permitted only under the following conditions:
a.
The
site proposed for such nightclub use must front on Route 17 or be
located east of the northbound lanes of Route 17;
b.
There
shall be a ten-foot open space between any structure (including any
fence or wall) located on the property on which the nightclub is located
which is adjacent to any property upon which there is a residential
use;
c.
A
solid fence of at least eight feet in height shall be erected by the
proposed nightclub on the inside boundary of the buffer described
in Paragraph b above. The fence shall be solid so as to screen adjoining
properties from visual effects and noise.
d.
The
proposed nightclub shall provide, on its site, no fewer than the number
of parking spaces calculated according to the following formula: one
parking space for each 25 square feet of gross floor area of the nightclub
(including, but not limited to any kitchen, bathroom, closet, storage
and other areas within the building housing the nightclub);
e.
Exits
and entrances shall not be located opposite an R Zoning District immediately
adjoining the site. This provision does not apply to required emergency
exits.
f.
The
proposed nightclub shall install soundproofing materials in and about
the premises so as to eliminate the intrusion of music and noise on
neighboring residences and businesses.
21-9.1.
Commercial/Multi-Family Use. This zone shall provide for commercial
uses as designated in section 21-8 as well as multi-family dwellings,
not to exceed four living units.
21-9.2.
Residential Uses. Any use permitted in the residential zone shall
be permitted in the mixed commercial zone.
21-9.3.
Signs. The sign and awning regulations for the commercial zone are
applicable to the mixed commercial zone. See also section 21-20, Signs
and Billboards.
21-10.1.
Purpose. This zone is designed to accommodate water oriented recreation
facilities.
21-10.3.
Special Exceptions. Small retail shops and restaurants accessory
to permitted uses are special exceptions within the waterfront recreational
zone.
21-10.4.
Use Limitations.
a.
All uses shall be buffered, whenever possible, by tidally affected
marsh or otherwise screened, where this zone meets adjoining zones.
b.
No business establishment shall offer or sell food or beverages for
consumption on the premises in parked motor vehicles.
c.
Structures shall be so located as to not impair the view of the Hackensack
River from adjoining and upland properties.
21-10.5.
Environmental Standards. All environmental standards of the Hackensack
Meadowlands Development Commission applicable to waterfront recreational
zones shall be adhered to and adopted by reference herein.
21-10.6.
Signs. See section 21-20, Signs and Billboards.
21-11.1.
Purpose. This district is designed to accommodate research facilities,
office facilities and warehouse facilities in a park-like environment,
with substantial amounts of landscaped open space.
21-11.2.
Permitted Uses. Permitted uses in the research distribution park
zone include:
a.
Establishments for scientific research and development, and business
offices accessory thereto, where the manufacturing, fabrication, production,
repair, storage, sale and resale of materials, goods and products
are incidental and accessory to the principal use of scientific research
and development.
b.
Any production, processing, manufacture or fabrication of goods,
materials and products, and the storage of raw materials and products
incidental to such manufacture, production, processing or fabrication.
c.
Office facilities.
d.
Warehouses.
21-11.3.
Use Limitations.
a.
All operations, activities and storage, except off-street parking
and loading, shall be conducted within completely enclosed buildings.
b.
No sales, motor freight facilities or trucking operations shall be
permitted, except to the minimum extent necessary as incidental and
accessory to a permitted use.
c.
No more than eight loading berths shall be permitted for each four
acre lot.
d.
At least 5% of the first floor of any building containing warehouse
facilities shall be designed and used for office space.
21-11.4.
Environmental Standards. All environmental standards of the Hackensack
Meadowlands Development Commission applicable to the research distribution
park zone shall be adhered to.
21-11.5.
Signs. See section 21-20, Signs and Billboards.
21-12.1.
Prohibited Uses and Buildings. In a light industrial zone no building
or premises shall be used and no building shall be erected which is
arranged, intended or designed to be used for any of the following
specific trades, industries or uses:
a.
Acetylene gas manufacture.
b.
Ammonia, chlorine or bleaching powder manufacture.
c.
Animal black, lamp black or bone black manufacture.
d.
Asphalt manufacture or refining.
e.
Blast furnace.
f.
Boiler works.
g.
Brick, pottery, tile or terra cotta manufacture.
h.
Coke ovens.
i.
Creosote treatment or manufacture.
j.
Crematory.
k.
Disinfectant, insecticide or poison manufacture.
l.
Distillation of coal, petroleum, refuse, grain, wood or bones, except
in the manufacture of gas.
m.
Dye manufacture.
n.
Emery cloth and sandpaper manufacture.
o.
Cork manufacture.
p.
Fertilizer manufacture.
q.
Forge plant.
r.
Gas storage in excess of 50,000 cubic feet.
s.
Glue, size or gelatine manufacture where the processes include the
refining and recovery of products from fish, animal refuse or offal.
t.
Grease, lard, fat or tallow rendering or refining.
u.
Grain drying or feed manufacture from refuse, mash or grain.
v.
Iron, steel, brass or copper foundry.
w.
Lime, cement of plaster of Paris manufacture.
x.
Oilcloth or linoleum manufacture.
y.
Paint, oil, varnish, turpentine, shellac or enamel manufacture.
z.
Petroleum refining.
aa.
Petroleum, storage of in excess of 200,000 gallons.
bb.
Power forging, riveting, hammering, punching, chipping, drawing,
rolling or tumbling of iron, steel, brass or copper, except as a necessary
incident of manufacture of which these processes form a minor part,
and which are carried on without objectionable noise outside of the
plant.
cc.
Printing ink manufacture.
dd.
Raw hides or skins - storage, cleaning, curing or tanning.
ee.
Rubber or gutta percha manufacture or treatment.
ff.
Shoe blacking or stove polish manufacture.
gg.
Slaughtering of animals.
hh.
Smelting of iron, copper, tin, zinc or lead from ores.
ii.
Soap manufacture.
jj.
Starch, glucose or dextrine manufacture.
kk.
Steel furnaces, blooming or rolling mill.
ll.
Stockyards.
mm.
Structural steel or pipe works.
nn.
Sugar refining.
oo.
Sulphurous, sulfuric, nitric, picric, carbolic or hydrochloric acid
manufacture.
pp.
Tar distillation or manufacture.
qq.
Tar roofing or waterproofing manufacture.
rr.
Tobacco (chewing) manufacture or treatment.
ss.
Vinegar manufacture.
tt.
Wool pulling or scouring.
uu.
Yeast plant.
vv.
Any other trade or use that is noxious or offensive by reason of
the emission of odor, dust, smoke, gas or noise.
ww.
Any trade, industry or use prohibited in a heavy industrial zone.
21-12.2.
Residential Dwellings Restricted. No residential dwellings shall
be constructed in a light industrial zone.
21-12.3.
Commercial Zone Uses Permitted. A use permitted in a commercial zone
as set forth in paragraph 21-8.1a shall be permitted in a light industrial
zone.
21-12.4.
Signs. See section 21-20, Signs and Billboards.
21-13.1.
Permitted Uses. Permitted uses in light industrial zone I include:
a.
Any production, processing, manufacture, fabrication, cleaning, servicing,
testing, repair or storage of goods, materials or products, and business
offices accessory thereto, but not including the storage of flammable
or explosive materials as a principal use.
b.
Establishments for scientific research and development, and business
offices accessory thereto, where the manufacturing, fabrication, production,
repair, storage, sale and resale of materials, goods and products
is incidental and accessory to the principal use of scientific research
and development.
c.
Business or commercial establishments which provide supplies and/or
services primarily to industrial and manufacturing customers, and
business offices accessory thereto.
d.
Automobile service stations.
e.
Mobile home and trailer sales, rental and repair.
f.
Automobile and truck leasing and sales, exclusive of semitrailers.
g.
Boat sales, rental and repair.
h.
Warehouses, wholesale establishments and other storage facilities.
i.
Light public utility uses.
21-13.3.
Use Limitations.
a.
All operations, activities and storage, except landing area for helistops,
off-street parking and loading, mobile home, boat and auto sales/rental
yards and accessory lumber yards and home improvement centers, shall
be conducted within completely enclosed buildings.
b.
No motor freight facilities or trucking operations shall be permitted,
except as incidental and accessory to a permitted or special permit
use.
c.
No slaughtering of animals shall be permitted.
d.
Accessory retail sales are permitted in accordance with other provisions
of N.J.A.C. 19:4.1 et seq.
21-13.4.
Signs. See section 21-20, Signs and Billboards.
21-14.1.
Development Options. Developers of land located in this zone shall
have the option of developing such land in accordance with the provisions
of N.J.A.C. 19:4-4.133 to 19:4-4.139 or as a general planned unit
development in accordance with the provisions of N.J.A.C. 19:4-4.144.
21-14.2.
Permitted Uses.
a.
Any production, processing, manufacture, fabrication, cleaning, servicing,
testing, repair or storage of goods, materials or products, and business
offices accessory thereto, but not including the storage of flammable
or explosive materials as a principal use.
b.
Establishments for scientific research and development, and business
offices accessory thereto, where the manufacturing, fabrication, production,
repair, storage, sale and resale of materials, goods and products
is incidental and accessory to the principal use of scientific research
and development.
c.
Business or commercial establishments which provide supplies and/or
services primarily to industrial and manufacturing customers, and
business offices accessory thereto.
d.
Warehouses, wholesale establishments and other storage facilities.
e.
Business offices, but not including professional office buildings
principally for doctors, dentists, lawyers, real estate brokers and/or
similar professional persons, except as an accessory use to an otherwise
permitted use or as a special permit.
f.
Light public utility uses.
21-14.4.
Use Limitations.
a.
All operations, activities and storage, except landing areas for
helistops and off-street parking and loading, shall be conducted within
completely enclosed buildings.
b.
No retail sales, motor freight facilities or trucking operations
shall be permitted, except as incidental and accessory to a permitted
or special permit use.
c.
No slaughtering of animals shall be permitted.
d.
Accessory retail sales are permitted in accordance with other provisions
of N.J.A.C. 19:4-1 et seq.
21-14.5.
Signs. See section 21-20, Signs and Billboards.
21-15.1.
Prohibited Buildings and Uses. In a heavy industrial zone, no building
or premises shall be used and no building shall be erected which is
arranged, intended or designed to be used for any of the following
trades, industries or uses:
a.
Explosives, manufacture or storage.
b.
Fireworks, manufacture or storage.
c.
Incineration, reduction, storage or dumping of slaughterhouse refuse,
rancid fats, garbage, dead animals or offal, except by the Borough
or its agents.
d.
Pyroxlin plastic manufacture.
e.
Automobile junkyard.
f.
Secondhand building material.
g.
Sale of used cars.
h.
Storage of motor vehicles, except for permitted garages.
21-15.2.
Residential Dwellings Restricted. No residential dwellings shall
be constructed in a heavy industrial zone.
21-15.3.
Light Industry Zone Uses Permitted. Uses permitted in a light industrial
zone shall be permitted in a heavy industrial zone.
21-15.4.
Signs. See section 21-20, Signs and Billboards.
21-16.2.
Special Exceptions. The construction, maintenance and use of any
structures, buildings and improvements in connection with scientific
and educational activities pertinent to marshland ecology will be
classified as special exceptions in the marshland preservation zone.
21-16.3.
Use Limitations.
a.
No use shall be operated, conducted or maintained that may impair
the quality of the district as a marsh preservation area. Any use
that significantly discourages or interferes with use of the zone
as a natural habitat for waterfowl and other forms of marsh life shall
be presumed to be a use that impairs the quality of the zone as a
marsh preservation area.
b.
No motor driven vehicle or equipment shall be used in the zone that
interferes with its use as a marshland preservation area.
21-16.4.
Signs. See section 21-20, Signs and Billboards.
21-17.1.
Creation. It is recognized that some uses of property, which, due
to their nature, have a deleterious effect upon the use and enjoyment
of adjacent properties and areas as well as upon minors who frequent
such areas and, accordingly, must be limited in terms of location
within a specific zone in the Borough.
It is further recognized that specific regulations of the uses
of property are required so as to ensure against blighting and/or
downgrading the surrounding neighborhood and properties. Further,
it is recognized that such uses, despite their offensive nature, are
protected by virtue of the New Jersey and United States Constitutions.
It is the purpose and intent of this section to limit such uses within
the Borough to a specified zone, all within the confines of the federal
and state constitution.
This zone shall be located within the districts east of the
railroad tracks located in the Borough and west of Washington Avenue,
except Paterson Plank Road, Washington Avenue and Moonachie Avenue.
21-17.2.
Uses Regulated. No establishment, except those located within the
zone set forth in subsection 21-17.1, above, shall engage in, allow
or permit any person, including those persons employed, contracted
or required by such establishment, to perform any dancing or entertainment
in or on any portion of its premises and shall not permit the use
of the premises, or any portion thereof, for adult type uses, including
an adult only bookstore, adult only motion picture theater, massage
parlor, rap parlor, tattoo parlor, fortune telling establishment,
sauna, go-go bar or juice bar and any establishment having paid dancers,
entertainment or employees who are scantily clad, with breasts or
lower part of the torso uncovered or so thinly or so sparsely covered
or draped so as to appear uncovered.
Such uses shall only permitted in this zone to the extent that
they are permitted by federal, state, county and local applicable
laws. Nothing in this section shall permit the sale, rental, exhibition,
use or operation of any obscene materials, obscene films or obscene
product.
21-17.3.
ADULT TYPE USES
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
KNOWINGLY
Definitions. For the purposes of this section, the following words
and/or phrases shall have the meaning hereafter ascribed to them.
Any uses which includes adult only bookstores, adult only
motion picture theaters, massage parlors, rap parlors, tattoo parlors,
fortune telling establishments, saunas, go-go bars, juice bars, dance
establishments having paid dancers and any such other uses which are
recognized to engage in or display acts or materials hereinafter described.
ADULT ONLY BOOKSTOREAny establishment having 30% or more of its dollar volume in trade, books, magazines or other periodicals which are distinguished or characterized by their principal emphasis on matters depicting, describing or relating to nudity, sexual conduct, sexual excitement, sadomasochistic abuse or obscenity for sale to patrons therein.
ADULT ONLY MOTION PICTURE THEATERSAny enclosed building or premises for use in presenting 30% or more of its program material distinguished or characterized by an emphasis on matters depicting, describing or relating to nudity, sexual conduct, sexual excitement, sadomasochistic abuse or obscenity for sale to patrons therein.
DANCE ESTABLISHMENTSAny establishment or location where dancers are paid by the business enterprise or someone on their behalf.
MASSAGE PARLORAny establishment primarily engaged in the business of providing massage services.
NUDITYAny exhibiting or showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of the covered male genitals in a discernible turgid state.
OBSCENE FILMAny motion picture film or preview or trailer to a film, not including newsreels, portraying actual current event or pictorial news of the day, in which a scene, taken by itself depicts a specified anatomical area or specified sexual activity, or the stimulation of a specified sexual activity, or verbalization concerning a specified sexual activity and emits sensuality sufficient in terms of the duration and impact of the depiction to appeal to prurient interest as more fully defined under the laws of the state of New Jersey.
OBSCENE MATERIALAny description, narrative account or display or depiction of a specified anatomical area or specified sexual conduct activity contained in, or consisting of, a picture or other representation, publication, sound recording, live performance or film, which by means of posing, composition, format or animated sensual details, emits sensuality with sufficient impact to coordinate prurient interest on the area or activity as defined under the laws of the state of New Jersey.
RAP PARLORAn establishment primarily in the business of providing nonprofessional conversation or similar services for adults.
SADOMASOCHISTICAbusive flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, with the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
SAUNAAn establishment primarily in the business of providing a steam bath and/or massage services.
SEXUAL CONDUCTSexual conduct means the act of masturbation, sexual intercourse, physical contact with a person's unclothed genitals, pubic areas, buttocks or, if such person be a female, her breasts.
SEXUAL EXCITEMENTThe condition of human male or female genitals when in a state of sexual stimulation or arousal.
SPECIFIED ANATOMICAL AREASpecified anatomical area means:
SPECIFIED SEXUAL ACTIVITYSpecified sexual activity means:
Knowingly means:
21-17.4.
Existing Uses. Any nonconforming use presently in existence shall
be permitted to remain for the purpose for which it is operating,
provided it does not violate state or federal obscenity laws.
21-17.5.
Violations and Penalties. For any and every violation of the provisions
of this section, the owner, general agent or contractor of the building
or premises where such violation has been committed, or shall exist,
and the owner, agent or contractor, lessee or tenant of any part of
a building or premises which such violation has been committed, or
shall exist, and the general agent, architect, builder, contractor
or any other person who commits, takes part or assists in such violation,
for each and every day such violation continues, shall be subject
to a fine of $500 for each violation or to imprisonment in jail for
a period not to exceed 90 days, or both. Each day that the violation
is permitted to exist shall constitute a separate offense, and, in
addition, the violators shall pay all costs and expense incurred by
the Borough in determining such violation. Penalties for such violation
shall be collected and violations of this section shall be prosecuted
in the manner prescribed by law or ordinance. Nothing in this section
shall be construed as depriving the Borough or the Borough Council
of any other available remedy.
21-18.1.
Pre-Existing Use. Any nonconforming use or building lawfully existing
on December 17, 1979, or at the time of passage of any previous zoning
ordinance of the Borough may be continued upon the lot or in the building
so occupied, but nothing in this chapter shall validate or authorize
any nonconforming use or structure which exists in violation of a
previous zoning ordinance, unless such use or structure is specifically
permitted and authorized by this chapter.
21-18.2.
Destruction of Pre-Existing Building. Any nonconforming use or building
existing on December 17, 1979, may be continued upon the lot or in
the building so occupied in the mixed commercial, light industrial,
heavy industrial, research distribution and waterfront recreational
zones, even though the building may be destroyed and the building
may be restored or repaired in the event of such destruction thereof.
21-18.3.
Damage to Pre-Existing Building. Any nonconforming use or building
existing on December 17, 1979, in the residential or commercial zones
may be continued upon the lot or in the building so occupied, even
though the building may be damaged; so long as the cost of the repairs
to remedy such damaged area shall in no case exceed 50% of the appraised
value, nor shall the building be enlarged unless the use therein is
changed to a conforming use.
21-18.4.
Change of Nonconforming Use. A nonconforming use, if once changed
into conforming use, shall not be changed back again into nonconforming
use.
21-18.5.
Abandonment of Nonconforming Use. A nonconforming use which has been
abandoned shall not be reestablished to a nonconforming use. Nonuse
for a period of more than one year shall create a presumption of abandonment.
Nonuse or abandonment shall be determined by the zoning board of adjustment.
21-19.1.
Findings. The Federal Communication Act of 1934, as amended by the
Telecommunications Act of 1996, grants the Federal Communications
Commission (FCC) exclusive jurisdiction over:
a.
The regulation of the environmental effects of radio frequency emissions
from telecommunication facilities.
b.
The regulation of radio signal interference among users of the RF
spectrum.
The Borough's regulation of towers, antenna and telecommunications
facilities in the Borough will not have the effect of prohibiting
any person from providing wireless telecommunications services in
violation of the Act of 1996.
21-19.2.
Purpose. The general purpose of this section is to regulate the placement,
construction and modification of towers, antennas and telecommunication
facilities in order to protect the health, safety and welfare of the
public, while at the same time not unreasonably interfering with the
development of the competitive wireless telecommunications marketplace
in the Borough.
Specifically, the purposes of this section are:
a.
To regulate the location of towers, antennas and telecommunication
facilities in the Borough.
b.
To protect residential areas and land uses from potential adverse
impacts of towers, antennas and telecommunication facilities.
c.
To minimize adverse visual impact of towers, antennas and telecommunication
facilities through careful design, siting, landscaping and innovative
camouflaging techniques.
d.
To promote and encourage shared use/co-location of towers and antennas
as a primary option rather than constructions of additional single-use
towers.
e.
To promote and encourage utilization of technology designs that will
either eliminate or reduce the need for erection of new towers, antennas
structures and/or telecommunication facilities.
f.
To avoid potential damage to property caused by towers, antennas
and telecommunication structures by ensuring such structures are soundly
and carefully designed constructed modified maintained and removed
when no longer are used or determined to be structurally unsound.
g.
To ensure that towers, antennas and telecommunication facilities
are compatible with surrounding land uses.
h.
To protect the Borough's built and natural environment by promoting
compatible design standards for towers, antennas and telecommunication
facilities.
21-19.3.
ALTERNATIVE TOWER STRUCTURE
ANTENNAS
BACKHAUL NETWORK
CO-LOCATION
FAA
FCC
HEIGHT
PREEXISTING TOWERS AND PREEXISTING ANTENNAS
TELECOMMUNICATIONS FACILITIES
TOWER
Definitions. As used in this section, the following terms shall have
the meanings set forth below:
Man-made trees, clock towers, bell steeples, light poles
and similar alternative design mounting structures that camouflage
or conceal the presence of antennas or towers.
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies excluding radar signals, wireless telecommunications
signals or other communication signals.
The line that connects a provider's towers/cell sites to
one or more cellular telephone switching offices, and/or long distance
providers, or the public switched telephone network.
Placing more than one exterior transmitting or receiving
device on one physical structure at one location.
The Federal Aviation Administration.
The Federal Communications Commission.
When referring to a tower or other structure, the distance
measured from the lowest finished grade of the parcel to the highest
point on the tower or other structure, including the base pad and
any antenna.
Any tower or antenna for which a building permit or conditional
use permit has been properly issued prior to November 10, 1997, including
permitted towers or antennas that have not yet been constructed so
long as such approval is current and not expired.
Any cables, wires, lines, waveguides, antennas and any other
equipment or facilities associated with the transmission or reception
of communications which a person seeks to locate or has installed
upon or near a tower or antenna and/or its support structure. However,
telecommunications shall not include any earth station antenna two
meters in diameter or less which is located in an area zoned industrial
or commercial, or any satellite earth station antenna one meter or
less in diameter regardless of zoning category.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers or monopole towers. The term includes
radio and television transmission towers, microwave towers, common
carrier towers, cellular phone towers, alternative tower structures
and the like. The term also include the structure and the support
thereto.
21-19.4.
Exceptions. All new towers or antennas in the Borough shall be subject
to these regulations, except for:
a.
Amateur Radio Station Operators/Receive Only Antennas. These are
antennas and towers privately owned and used exclusively to receive
for private, noncommercial purposes. Such towers and antennas may
be regulated elsewhere.
b.
Preexisting Towers and Antennas. These towers and antenna are not
subject to this section, except for section 21-19.5, paragraphs f
and g. If any enlargement or modification of the structure is planned,
then this section shall apply.
c.
AM Array. An AM array consisting of one or more tower units and supporting
ground system which functions on an AM broadcasting antennas shall
be considered one tower. Measurements for setbacks and separation
distances shall be measured from the outer perimeter of the towers
included in the array. Additional tower units may be added within
the perimeter of the AM array by right.
21-19.5.
General Requirements.
a.
Principal or Accessory Use. Antennas and towers may be considered
either principal or accessory uses. A different existing use of an
existing structure on the same lot shall not preclude the installation
of an antenna or tower on such lot. Notwithstanding the foregoing,
any proposed accessory use on a property shall require a site plan
application before the planning board.
b.
Lot Size. For purposes of determining whether the installation of
a tower or antennas complies with zone development regulations, including,
but not limited to, setback, lot coverage and other such requirements,
the dimensions of the entire lot shall control, even though the antenna
or tower may be located on leased parcels with such lot.
c.
Inventory of Existing Sites. Each applicant for an antenna and/or
tower shall provide to the zoning officer the following:
1.
An inventory of its existing towers and antennas.
2.
All sites approved for towers and antennas that are in the jurisdiction
of the Borough, as well as such sites within one mile of the border
thereof.
These requirements shall be read to be inclusive of any area
which may be under the jurisdiction of any other entity or body.
d.
Aesthetics. Towers and antennas shall meet the following requirements:
1.
Applicants must provide camouflaging as defined by the term "alternative
tower structure" or provide documentation as to why camouflage is
not feasible.
2.
The tower shall either maintain a galvanized steel finish or meet
the applicable standards of the FAA. If the tower is not to be camouflaged
by an alternative tower structure, the tower is to be painted a neutral
color so as to reduce visual obtrusiveness.
3.
Whether a tower is camouflaged or not at a tower site, the design
of the buildings and related structures, to the extent possible, shall
use material, colors, textures, screening and landscaping that will
blend them into the natural setting and surrounding buildings.
4.
If an antenna is installed on a structure other than a tower, the
antenna and supporting electrical and mechanical equipment must be
a neutral color that is identical to, or closely compatible with,
the color of the supporting structure so as to make the antenna and
related equipment as visually unobtrusive as possible.
e.
Lighting. Towers shall not be artificially lighted unless required
by the FAA or other applicable authority. If lighting is required,
the lighting alternatives and design chosen must cause the least disturbance
to the surrounding views.
f.
State of Federal Requirements. All towers must meet or exceed current
standards and regulations of the FAA, the FCC and authority to regulate
towers and antennas. If such standards and regulations are changed,
then the owners of the towers and antennas governed by this section
shall bring such towers and antennas into compliance with such revised
standards within six months of the effective date of such standards
and regulations, unless a different compliance schedule is mandated
by the controlling state or federal agency. Failure to bring towers
and antennas into compliance with such revised standards and regulations
shall constitute grounds for the removal of the tower or antenna at
the owner's expense.
g.
Building Codes and Safety Standards. To ensure the structural integrity
of towers and antennas, the owner of a tower shall ensure that it
is maintained in compliance with standards contained in applicable
state or local building codes and the applicable standards for towers
that are published by the Electronic Industries Association, as amended
from time to time. If, upon inspection, the Borough concludes that
a tower fails to comply with such codes and standards and constitutes
a danger to persons and property, then, upon notice being provided
to the owner of the tower, the owner shall have 30 days to bring such
tower into compliance. Refusal to bring such tower into compliance
within the 30 days shall constitute grounds for the removal of the
tower or antenna at the owner's expense.
h.
Measurement. For the purposes of measurement, tower setbacks and
separation distances shall be calculated and applied to facilities
located in the Borough irrespective of municipal and county jurisdictional
boundaries.
i.
Nonessential Services. Towers and antennas shall be regulated and
permitted pursuant to this section and shall not be regulated or permitted
as essential services, public utilities or private utilities.
j.
Franchises. Owners and operators of towers or antennas shall certify
that all franchises required by law for the construction and/or operation
of a wireless communication system in the Borough have been obtained
and shall file a copy of all required franchises with the zoning officer.
k.
Public Notice. For the purposes of this section, any conditional
use request, variance request or appeal of an administratively approved
use or conditional use shall require public notice to all abutting
property owners and all property owners of properties that are located
within the corresponding separation distances listed in Table II,
in addition to any notice otherwise required by any zoning regulation.
l.
Signs. No sign shall be allowed on an antenna or tower unless required
by the FCC, FAA, state, federal or local ordinance.
m.
Buildings and Support Equipment. Buildings and support equipment
associated with towers or antennas shall comply with the requirements
of any and all applicable federal, state and municipal building codes.
n.
Multiple Antenna/Tower Plan. The Borough requires the users of the
towers and antennas to submit applications for approval of multiple-tower
and/or -antenna sites. No application for a single use tower shall
be approved without substantial proof that no co-location was possible,
and that building for future co-location is not feasible.
21-19.6.
Permitted Uses.
a.
General. The uses listed in this subsection are deemed to be permitted
uses and shall not require administrative approval or a conditional
use permit.
b.
Permitted Uses. Antennas or towers located on property owned, leased
or otherwise controlled by the Borough provided a license or lease
authorizing such antenna or tower has been approved by the Borough.
However, the Borough, as a condition of such lease, may require site
plan approval. The decision to extend such leases to an applicant
shall be vested solely with the Borough, and shall not be governed
by this section.
21-19.7.
Administratively Approved Uses.
a.
General. The following provisions shall govern the issuance of administrative
approvals for towers and antennas.
1.
The zoning officer may administratively approve the uses listed in
this subsection.
2.
Each applicant for administrative approval shall apply to the zoning
officer providing the information set forth in this section and a
nonrefundable fee as established by resolution of the Borough Council
to reimburse the Borough for the costs of reviewing this application.
3.
The zoning officer shall review the application for administrative
approval and determine if the proposed use complies with other applicable
sections.
4.
The zoning officer shall respond to each such application within
60 days after receiving it by either approving or denying the application.
5.
In connection with any such administrative approval, the zoning officer,
in order to encourage shared use, may administratively waive any zoning
district setback requirements in this section or separation distances
between towers in this section by up to 50%, but only for applications
co-locating on an already approved site.
6.
In connection with any such administrative approval, the zoning officer,
in order to encourage the use of monopoles, may administratively allow
the reconstruction of an existing tower to monopole construction.
b.
List of Administratively Approved Uses. The following uses may be
approved by the zoning officer after conducting an administrative
review:
1.
Locating antennas on existing structures or towers consistent with
the terms of the paragraphs below:
(a)
Antennas on Existing Structures. Any antenna which is not attached
to a tower may be approved by the zoning officer as an accessory use
to any commercial, industrial, professional or institutional structure,
provided the antenna, as measured from the lowest grade, does not
extend more than the maximum building height for the zone wherein
the structure is located and complies with all applicable FAA, FCC
regulations and building codes.
(b)
Antennas on Existing Towers. An antenna which is attached to
an existing tower may be approved by the zoning officer and, to minimize
adverse visual impacts associated with the proliferation and clustering
of towers, co-location of antennas by more than one carrier on existing
towers shall take precedence over the construction of new towers,
provided such co-location is accomplished in a manner consistent with
the following:
(1)
Type. A tower modified or reconstructed to accommodate the co-location
of an additional antenna shall be of the same tower type as the existing
tower, unless the zoning officer allows reconstruction as a monopole.
(2)
21-19.8.
Conditional Use Permits.
a.
General. The following provisions shall govern the issuance of conditional
use permits for towers or antennas by the planning board:
1.
If the tower or antenna is not a permitted use under subsection 21-19.6
or permitted to be approved administratively pursuant to subsection
21-19.7, then a conditional use permit shall be required for the construction
of a tower or the placement of an antenna in all nonresidential zoning
districts.
2.
Applications for conditional use permits under this subsection shall
be subject to the procedures and requirement of all other applicable
local ordinances, except as modified in this subsection.
3.
In granting a conditional use permit, the planning board may impose
conditions to the extent the planning board concludes such conditions
are necessary to minimize any adverse effect of the proposed tower
on adjoining property.
4.
Any information of an engineering nature that the applicant submits,
whether civil, mechanical or electrical, shall be certified by a licensed
professional engineer.
5.
An applicant for a conditional use permit shall submit the information
described in this subsection and a nonrefundable fee established by
the Mayor and Council, upon recommendation of the Borough Engineer
and Attorney, to reimburse the Borough for the costs of reviewing
the application.
b.
Towers.
1.
Additional Required Information. In addition to any information required
for applications for conditional use permits pursuant to applicable
zoning ordinances, and other Borough ordinances, applicants for a
conditional use permit for a tower shall submit the following information:
(a)
A scaled site plan clearly indicating the location, type and
height of the proposed tower, on-site land uses and zoning, adjacent
land uses and zoning including when adjacent to other municipalities,
master plan classification of the site and all properties with the
applicable separation distances set forth herein, adjacent roadways,
proposed means of access, setbacks from property lines, elevation
drawings of the proposed tower and any other structures, topography,
parking and any other information deemed by the zoning officer to
be necessary to assess compliance with this section.
(b)
Legal description of the parent tower and leased parcel, if
applicable.
(c)
The setback distances between the proposed tower and the nearest
residential unit, platted residentially zoned properties and unplatted
residentially zoned properties.
(d)
The separation distances from other towers described in the
inventory of existing sites submitted pursuant to paragraph 21-19.5c
shall be shown on an updated site plan or map. The applicant shall
also identify the type of construction of the existing tower(s), if
known, as well as the owner/operator of the existing tower(s), as
applicable.
(e)
A landscape plan showing specific landscape materials.
(f)
Method of fencing, finished color and, if applicable, the method
of camouflage and illumination.
(g)
A description of compliance with subsection 21-19.5 and subsection
21-19.8, paragraphs b4 and b5, and all other applicable federal, state
or local laws and ordinances.
(h)
A notarized statement by the applicant as to whether construction
of the tower will accommodate co-location or additional antennas for
future users and if not, why it will not.
(i)
Identification of the entities providing the backhaul network
for the tower(s) described in the application and other cellular sites
owned or operated by the applicant in the Borough.
(j)
A description of the suitability of the use of existing towers,
other structures or alternative technology not requiring the use of
towers or structures to provide the services to be provided through
the use of the proposed new tower.
(k)
A description of the feasible locations of future towers or
antennas within the Borough based upon existing physical, engineering,
technological or geographical limitations in the event the proposed
tower is erected.
2.
Factors Considered in Granting Conditional Use Permits for Towers.
In addition to any standards for consideration of conditional use
permit applications pursuant to any zoning ordinance, the planning
board shall consider the following factors in determining whether
to issue a conditional use permit, although the planning board may
waive or reduce the burden on the applicant of one or more of these
criteria if the planning board concludes that the goals of the section
are better served thereby:
(a)
Height of proposed tower.
(b)
Proximity of the tower to residential structures and residential
district boundaries.
(c)
Nature of uses on adjacent and nearby properties.
(d)
Surrounding topography.
(e)
Surrounding tree coverage and foliage.
(f)
Design of tower, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness.
(g)
Proposed ingress and egress.
(h)
Availability of suitable existing towers, other structures or
alternative technologies not requiring the use of towers or structures
as discussed in paragraph 3, below.
(i)
That the tower or antenna will be compatible with and not adversely
impact the character and integrity of surrounding properties.
3.
Availability of Suitable Existing Towers, Other Structures or Alternative
Technology. No new tower shall be permitted unless the applicant demonstrates
to the reasonable satisfaction of the planning board that no existing
tower, structure or alternative technology that does not require the
use of towers or structures can accommodate the applicant's proposed
antenna. An applicant shall submit information requested by the planning
board related to the availability of suitable existing towers, other
structures or alternative technology. Evidence submitted to demonstrate
that no existing tower, structure or alternative technology can be
submitted to demonstrate that no tower, structure or alternative technology
can accommodate the applicant's proposed antenna may consist of any
of the following, although nothing shall be construed to infer that
meeting one, some or all of the following shall entitle the applicant
to approval:
(a)
No existing towers or structures are located within the geographic
area which meet the applicant's engineering needs.
(b)
Existing towers or structures are not of sufficient height to
meet the applicant's engineering requirements.
(c)
Existing towers or structures do not have sufficient structural
strength to support the applicant's proposed antenna and related equipment.
(d)
The applicant's proposed antenna would cause electromagnetic
interference with the antenna on the existing towers of structures,
or the antenna on the existing towers or structures would cause interference
with the applicant's proposed antenna.
(e)
The fees, costs or contractual provisions required by the owner
in order to share an existing tower or structure or to adapt an existing
tower or structure for sharing are unreasonable. Costs exceeding new
tower development by 30% are presumed unreasonable.
(f)
The applicant demonstrates that an alternative technology that
does not require the use of towers or structures, such as a cable
microcell network using multiple low-powered transmitters/receivers
attached to a wireless system, is unsuitable. Costs of alternative
technology that exceed tower or antenna development shall not be presumed
to render the technology unsuitable.
4.
Setbacks. The following setback requirements shall apply to all towers
for which a conditional permit is required, provided, however, that
the planning board may reduce the standard setback requirements if
the goals of this section would be better served thereby:
(a)
Towers must be setback a distance equal to at least 75% of the
height of the tower from every adjoining lot line.
(b)
Guy wires and accessory buildings must satisfy the minimum zoning
district setback requirements.
(c)
No tower shall exist within required buffer areas if adjacent
to residential zones and as prescribed under local ordinance.
5.
Separation. The following separation requirements shall apply to
all towers and antennas for which a conditional use permit is required,
provided, however, that the planning board may reduce the standard
separation requirements of the goals of this section would be better
served thereby.
(a)
Separation from off-site uses/designated areas.
(b)
Separation distances between towers shall be applicable for
and measured between the proposed tower and preexisting towers. The
separation distances shall be measured by drawing or following a straight
line between the base of the existing tower and the proposed base,
pursuant to the site plan, of the proposed tower. The separation distances,
listed in linear feet, shall be as shown in Table 2.
6.
Security Fencing. Towers shall be enclosed by security fencing not
less than six feet in height and shall also be equipped with an appropriate
anti-climbing device.
7.
Landscaping. The following requirements shall govern the landscaping
surrounding towers for which a conditional use permit is required.
(a)
Tower facilities shall be landscaped with a buffer of plant
materials that effectively screens the view of the tower compound
from property used for residences, planned residences or other appropriated
use or area in which the planning board deems a buffer would be required
to further the goals of this section. The minimum buffer shall consist
of a five foot width outside the perimeter of the compound.
(b)
In locations where the visual impact of the tower would be minimal,
the landscaping requirement may be reduced. However, should the location
of the area so change as to where the visual impact of the tower need
be reduced, the planning board may so require landscaping consistent
with this section.
(c)
Existing mature tree growth and natural land forms on the site
shall be preserved to the maximum extent possible.
|
TABLE I
| |
|---|---|
|
Off-Site Uses/Designated Areas
|
Separation Distance
|
|
Residential, public parks, schools or houses of worship, nursing
homes, hospitals, senior housing or any similar use or area
|
1,000 feet or 400% height of tower, whichever is greater
|
|
Vacant single-family residentially zoned land which is either
platted or has preliminary subdivision approval which is not expired
|
1,000 feet or 400% height of tower, whichever is greater
|
|
Vacant unplatted residentially zoned lands, including any unplatted
residential use properties without a valid preliminary subdivision
plan or valid developmental plan approval and any multi-family residentially
zoned land greater than a duplex
|
1,000 feet or 300% height of tower, whichever is greater
|
|
Nonresidentially zoned lands or nonresidential uses
|
None - only setbacks apply
|
|
TABLE II
| ||||
|---|---|---|---|---|
|
Existing Towers (types)
| ||||
|
Lattice
|
Guyed
|
Monopole 30+ ft. in height
|
Monopole Less than 30 ft. in height
| |
|
Lattice
|
6,000
|
6,000
|
3,000
|
2,500
|
|
Guyed
|
6,000
|
6,000
|
3,000
|
2,500
|
|
Monopole 30+ ft. in height
|
3,000
|
3,000
|
3,000
|
2,500
|
|
Monopole less than 30 ft. in height
|
2,500
|
2,500
|
2,500
|
2,500
|
21-19.9.
Prohibition of Towers. No tower, alternative tower or antenna shall
be constructed in a residential zone. No tower, alternative tower
or antenna shall be located on the westerly side of Route 17.
21-19.10.
Buildings or Other Equipment Storage.
a.
Antennas Mounted on Structures and Rooftops. The equipment cabinet
or structure used in association with antennas shall comply with the
following:
1.
The cabinet or structure shall not contain more than 100 square feet
of gross floor area or be more than 10 feet in height. In addition,
for building and structures which are less than 40 feet in height,
the related unmanned equipment structure shall be located on the ground
and shall not be located on the roof of the structure.
2.
If the equipment structure is located on the roof of a building,
the area of the equipment structure and other equipment and structure
shall not occupy more than 10% of the roof area.
3.
Equipment storage buildings or cabinets shall comply with all applicable
building codes.
b.
Antennas Mounted on Utility Poles, Light Poles or Towers. The equipment
cabinets or structure used in association with antennas shall be located
in accordance with the following:
1.
In a front or side yard, provided the cabinet or structure is not
greater than six feet in height or 100 square feet of gross floor
area and the cabinet/structure shall be located a minimum of 75 feet
from all lot lines.
2.
In a rear yard, provided the cabinet or structure is not greater
than eight feet in height or 120 square feet in gross floor area.
The cabinet/structure shall be screened by an evergreen hedge of which
its ultimate, planted height shall screen the cabinet/structure completely
from view.
3.
In all other instances, structures or cabinets shall be screened
from view of all residential properties which abut or are directly
across the street from the structure or cabinet by a solid decorative
fence or an evergreen hedge, of which the ultimate height of either
shall screen the cabinet/structure completely from view.
4.
Emergency generators shall be located below grade and suitably soundproofed
so that noise volumes measured at all property lines do not exceed
ambient levels. A nighttime restriction of 50 decibels measured at
all lot lines shall be imposed.
21-19.11.
Removal of Abandoned Antennas and Towers. Any tower or antenna that
is not operated for a continuous period of six months shall be considered
abandoned, and the owner of such antenna or tower shall remove same
within 90 days of receipt of notice from the Borough notifying the
owner of such abandonment. Failure to remove the tower or antenna
within the ninety-day period shall be grounds to remove the tower
or antenna at the owner's expense, if there are two or more users
of a single tower, then this provision shall not become effective
until all users cease using the tower. To secure the owner and/or
operator of its obligations under this subsection, the Borough may
condition the issuance of any permit for a tower or antenna on the
posting of an appropriate performance bond or suitable guarantee in
a face amount of not less than 120% of the cost, as determined by
the Borough Engineer, of such removal, grading and restoration to
a state required under all applicable Borough ordinances, including,
but not limited to the Borough Property Maintenance Code.
21-19.12.
Existing Towers: Rebuilding Damaged or Destroyed Nonconforming Towers
or Antennas. Nonconforming towers or antennas that are damaged or
destroyed may not be rebuilt without having to first obtain administrative
approval or a conditional use permit and without having to meet the
separation requirements specified in this section. The type, height
and location of the tower on-site shall be of the same type and intensity
as the original facility approval. Building permits to rebuild the
facility shall comply with the then applicable building codes and
shall be obtained within 180 days from the date the facility is damaged
or destroyed. If no permit is obtained or such permit expires, the
tower or antenna shall be deemed abandoned as specified in subsection
21-19.11 above.
21-20.1.
General Provisions. The following general provisions shall apply
to all property located in the Borough.
a.
Obstruction of Driving Vision. No sign of any type shall be permitted
to obstruct driving vision, traffic signals, traffic directional and
identification signs, other places of business, other signs or windows
of the building on which they are located. Except for authorized public
information and direction signs, no sign shall be attached to trees,
fence posts, stumps, utility poles, bridges, culverts or other signs,
but shall be freestanding or attached to buildings in an approved
manner.
b.
Freestanding Signs. A freestanding sign shall not exceed five feet
in height, except as may otherwise be permitted.
c.
Attached Signs. Attached signs shall be mounted flush on the building
and shall not project above the roof line or over sidewalk areas in
the business districts.
d.
Signs on Corner Lots. Corner lots shall be construed as having frontage
on both streets, and signs shall be permitted accordingly.
e.
Billboards. No billboards shall be erected.
f.
Overhanging and Flashing Signs. Overhanging signs and flashing signs
are prohibited.
g.
Neon, Backlit and Revolving Signs. The placement of neon, backlit
and revolving signs on the exterior or in the windows of any premises
in all districts in the Borough is expressly prohibited.
h.
All Other Signs. All signs not specifically permitted are prohibited.
i.
Streamers and Flags. The use and display of streamers, flags, pennants,
spinners or similar objects is prohibited in all zones, provided,
however, that this provision shall not apply to American flags or
events sponsored by the Borough.
j.
Signs on Streets and Sidewalks. No person shall paint, post, place
or affix any business or commercial advertisement or sign or other
matter, or cause the same to be done, upon any curbstone, flagstone
or any other portion of any street or sidewalk within the limits of
the Borough unless by special permission of the Borough Council.
k.
Exceptions. Nothing herein contained shall prohibit signs on public
property so placed by public authority or a signboard on private property
of any religious organization or "for sale" or "for rent" signs not
exceeding in the aggregate four square feet in area on any one property.
21-20.2.
Churches. Two freestanding signs not exceeding 123 square feet in
area and seven feet in height and set back at least 25 feet from all
street rights-of-way and lot lines, plus one attached sign not exceeding
25 square feet in area are permitted on church property.
21-20.3.
Residential Zones. Only the following signs shall be permitted in
residential zones:
a.
Professional Signs. Where doctors' and dentists' offices are located,
one customary professional sign or nameplate sign not more than two
square feet in area. If such sign is illuminated, the direct source
of light shall be shielded in such a manner that it is not visible
from the street or any adjoining residential property, unless it is
a porch light or lamppost light.
b.
Garden Apartment Dwelling Groups. Each development may have one sign
along each arterial or collector road which the tract in question
abuts, provided that there exists at least 150 feet of unbroken frontage.
Such signs shall not exceed 10 square feet in area and seven feet
in height. In addition, each sign shall be set back from all street
rights-of-way and lot lines a minimum of 30 feet and shall display
only the development's name.
c.
Nameplates. A nameplate identifying the resident of the premises
and the street number not to exceed on square foot may be placed anywhere
in the front yard except as provided in subsection 21-20.1, not in
the Borough's right-of-way and not in any side yard setback area.
21-20.4.
Mixed Commercial, Commercial and Business Zones.
a.
Signs Permitted. Each use may have one nonflashing sign or unlighted
sign referring to the premises upon which it is displayed, or to services
rendered therein, attached flat against the front of the building,
provided that any such sign shall not project beyond a property line,
nor extend over a public easement, shall be erected parallel to the
face of such wall, shall not extend more than 12 inches therefrom
and, provided further, that the area of any sign shall not exceed
two square feet for each foot of street frontage not to exceed 50%
of the front of the building, that the maximum height shall not exceed
two feet and that the maximum width shall not be in excess of 90%
of the width of the store front.
Where buildings are designed for rear or side entrances one
unlighted sign may be attached flat against the building at the rear
or side entrance, not to exceed four square feet. In commercial and
business zones only, each use may have one freestanding sign not exceeding
15 square feet in area and 10 feet in height and set back at least
25 feet from all street rights-of-way and lot lines.
b.
Window Display Signs. Window display signs are permitted as integral
components of display merchandise. However, not sign shall be attached
in any manner to the outside of display windows. Window display signs
shall not cover more than 30% of the aggregate window area. Other
small window signs not more than two feet by two feet are permitted
on the inside of windows of store fronts, provided that they do not
cover more than 30% of the aggregate window area.
21-20.5.
Clubs, Lodges, Community Centers and Nonprofit Organizations. Each
use may have one freestanding or attached name display sign not exceeding
10 square feet set back at least 25 feet from all street rights-of-way
and lot lines.
21-20.6.
Miscellaneous Provisions.
a.
Construction Signs. Construction signs identifying architects, contractors,
engineers and other parties involved with construction activity shall
not exceed four square feet in all areas west of Route 17 south, except
Industrial Road, and not more than 10 square feet in all areas east
of Route 17 south.
b.
Noncommercial and Public Signs. Signs of a noncommercial nature,
public signs, in the public interest are permitted, provided that
they are erected by or on the order of a public official in the performance
of his/her public duty, and that property construction permits are
applied for and received through the Borough.
c.
Signs as Part of Construction. Signs as part of construction, including,
but not limited to, names of buildings, dates and erection, monumental
citation, commemorative tablets, cornerstones and other similar signs
are permitted as an integral part of the structure, provided that
they are covered in stone, concrete or similar material or made of
bronze, aluminum or other permanent type construction.
d.
Private Traffic Signs. Private traffic signs directing traffic movement
onto or within a premises shall be permitted to a maximum area of
three square feet for each sign. Horizontal directional signs on and
flush with the pavement are exempt from these restrictions.
21-20.7.
Permit Required. No person shall erect a sign in the Borough without
first obtaining the required permit, as set forth in section 6-7,
from the Carlstadt Construction Department.
21-21.1.
Garages and Service Stations in Commercial, Light Industrial and
Heavy Industrial Zones.
a.
Except with the permission of the zoning board of adjustment, under
appropriate conditions and safeguards, no permit shall be issued for
the erection of a garage for more than four motor vehicles, a motor
vehicle service station or gas filling station, or for the conversion
of any premises not so used to be used for such purposes, in any commercial,
light industrial or heavy industrial zones if any part of the lot
or plot in question is situated within a distance of 200 feet as measured
along the public street or within any portion of a street between
two intersecting streets in which portion any of the following exist.
1.
A public school, or a duly organized school other than a public school
conducted for children under 16 years of age, giving regular instruction
at least five days a week for eight or more months of the year.
2.
A hospital maintained as a charitable institution or a private hospital
maintaining at least 15 beds for patients.
3.
A church with a seating capacity for 100 persons.
4.
A theater containing at least 300 seats.
5.
A public library.
b.
No gasoline filling appliance shall be located within 10 feet of
a street line or within five feet of an adjacent property line.
c.
No existing garage for more than four motor vehicles, group of garages
for more than four motor vehicles, motor vehicle service station or
gas filling station shall be deemed to become a nonconforming use
through the subsequent erection of such a school, hospital, theater
or library within the area prescribed in paragraph a above.
21-21.2.
Location of Accessory Buildings in a Residential Zone. Accessory
buildings in a residential zone shall conform to the following regulations
as to their location upon the lot:
a.
In the case of an interior lot fronting on only one street, no accessory
building shall be erected or altered so as to encroach upon that half
of the lot depth nearest the street.
b.
In the case of an interior lot fronting upon two or more streets,
no accessory building shall be erected or altered so as to encroach
upon that fourth of the lot depth nearest each and every street.
c.
In the case of a corner lot, no accessory building shall be erected
or altered so as to encroach upon that half of the lot depth nearest
the street front of the building, nor nearer any side street than
the main part of the building to which it is accessory.
d.
Notwithstanding any requirement in this subsection, the foregoing
rules shall not restrict the location of any accessory building 50
feet or more from any street bounding the block or require such accessory
building to be set back from a street which is not more than 25 feet
in width.
e.
No accessory building shall exceed 1 1/2 stories in height,
but in no event shall the overall height of such building exceed the
maximum permitted height of 14 feet in any residential zone.
f.
No accessory building in a residential zone may be used for residence
purposes.
21-21.3.
Off-Street Parking.
a.
For any building constructed after December 17, 1979, or for any
existing buildings to which an addition is thereafter constructed,
it is required that off-street parking be provided, except as provided
in paragraph d below.
b.
Each off-street parking space required herein shall be paved and
measure at least 10 feet by 20 feet.
c.
Off-street parking requirements shall be as follows:
1.
Single- and two-family dwellings.
(a)
Single-family dwellings shall provide for at least two off-street
parking spaces, at least one of which shall be required to be in a
fully enclosed garage.
(b)
Two-family dwellings shall provide for at least five off-street
parking spaces, at least two of which shall be required to be in a
fully enclosed garage.
2.
Multiple family dwellings; at least 1 1/2 parking spaces for
each dwelling unit.
3.
Mixed commercial zone establishments shall provide one parking space
for each 400 square feet of floor area.
4.
Commercial zone establishments shall provide one parking space for
each 200 square feet of floor space.
5.
Manufacturing, production, processing, assembly, disassembly, cleaning,
servicing, testing or repair of goods, materials or products; at least
one parking space for each two employees as related to the working
period when the maximum number of persons are employed on the premises,
and at least one space for every 1,000 square feet, whichever is greater.
6.
Warehouses, storage and wholesale establishments, one parking space
for every 1,500 square feet.
d.
In the mixed commercial zone, a structure presently existing upon
a lot that does not provide the front width, lot depth or area requirements
of the zoning code may be renovated or replaced in its entirety without
providing off-street parking as required heretofore.
21-21.4.
Front Yards in Residence Zones.
a.
In a residential zone, no building shall be erected and no building
shall be reconstructed or altered so as to project in any way beyond
the average setback line observed by the buildings on the same side
of the street within the block as of December 17, 1979. Where there
are existing buildings as of December 17, 1979, on only one side of
the street within the block, then the setback line on the vacant side
shall be the same as the average setback line on the improved side
of the street within the block.
b.
A building erected on a corner lot shall be required to comply with
the setback line on only its narrow street front. In cases where the
two street frontages of a corner lot vary in length, the lot shall
be deemed to be situated on the street containing the narrower frontage
in computing the average setback line. Where the two street frontages
of a corner lot are of the same length, the owner may elect which
street is to govern the setback line of the building.
c.
Notwithstanding any of the above provision, no building shall be
constructed, altered or moved nearer than 40 feet to the center line
of any street or streets upon which its lot may abut or front.
d.
A roofed over but unenclosed projection in the nature of an entry
or portico, not more than eight feet wide and extending not more than
six feet out from the front wall of the building shall be exempt from
the requirements of this subsection when the building otherwise complies
with the regulations of this subsection. In computing the average
setback, the presence of such entries and porticos shall be ignored.
21-21.5.
Area and Height Regulations.
a.
No existing building shall be altered, enlarged or rebuilt, except
in conformity with the regulations herein prescribed. Unless otherwise
expressly provided, the terms rear yard, front yard, side yard, inner
court and outer court when used in this chapter shall be deemed to
refer only to a rear yard, front yard, side yard, inner court or outer
court as required by this chapter. No lot on which a building is or
shall be erected shall be reduced or diminished so that the yards,
courts or other open spaces shall be smaller than prescribed by this
chapter.
b.
Except as otherwise provided in this chapter, every room in which
persons live, sleep, work or congregate shall have at least one window
or ventilating skylight opening directly either upon a street or upon
a rear yard, front yard, inner court or outer court located upon the
same lot and conforming to the requirements prescribed by this chapter
as to its minimum area and least dimensions. The windows or skylight
opening out upon such required street, rear yard, front yard, inner
or outer court shall have a minimum area in each room equal to at
least one-eighth of the floor area of such room. Courts, yards or
other open spaces, if provided in addition to those required by these
regulations, need not be of the area and dimensions herein prescribed.
No court, yard or other open space provided about any building for
the purpose of complying with the provisions of this chapter shall
again be used as a yard, court or other open space for another building.
c.
In the mixed commercial zone, where the first story is devoted entirely
to nonresidential use, no side yards shall be required and the building
area, rear yard and court requirements may begin at the second story
sill level, or 20 feet above the curb. No front yard shall be required
in the mixed commercial zone.
d.
No building to be used as a dwelling shall be constructed or altered
in the rear of a building situated on the same lot, nor shall any
building be constructed in front of or moved to the front of a dwelling
situated on the same lot.
e.
A rear yard extending along the rear lot line shall be required on
every lot, or portion thereof, in a residential zone and on every
interior lot, or portion thereof, in every zone other than a residential
zone wherever the rear line of the lot is more than 55 feet back from
the nearest street.
f.
An interior lot running through the block from street to street or
to within 55 feet of its rear street shall not be required to provide
a rear yard when improved with a single building.
g.
Accessory buildings may occupy 40% of the required rear yard area
in a residential zone. The yard area occupied by such accessory buildings,
however, shall be included in computing the maximum percentage of
the lot area which may be built upon in any given area.
h.
The area required in a court or yard at any given level shall be
opened from level to the sky, unobstructed except for the ordinary
projections of skylights and parapets above the bottom of such court
or yard, and except for the ordinary projections of window sills,
belt cornices and other ornamental features, to the extent of not
more than four inches.
i.
The height provisions of this chapter shall not prevent the erection
of a school, public library or public museum to a height not exceeding
50 feet in a residential zone.
j.
Nothing in this chapter shall prevent the erection above the height
limit of a parapet, wall or cornice extending above such height limit
nor more than three feet.
k.
Any plot existing as a separate parcel and not complying with the
minimum area or width of lot requirement in the schedule on December
17, 1979, notwithstanding such fact, may be improved with a building
in accordance with the other regulations of its residential zone,
provided the owner own no adjacent land which may, without undue hardship
to him/her, be included as a part of the plot in question.
l.
There shall not be constructed upon any lot in an industrial zone
more than one building, except such buildings as shall be considered
to be accessory to the main building and occupied by the same tenant
or owner.
21-21.6.
Plats. All applications for building permits shall be accompanied
by a plat in duplicate drawn to scale, showing the actual dimensions
of the lot to be built upon, the size of the building to be erected,
the location of buildings upon the lot, the dimensions of all open
spaces, the established building lines within the block and such other
information as may be necessary to provide for the enforcement of
the chapter.
21-21.7.
Fences.
a.
No fence in any district shall exceed four feet in height from the
curb level when located in the front yard of a corner lot. For the
purposes of this subsection, any outdoor wall other than a retaining
wall shall be deemed a fence.
b.
No fence in any residential district or on a lot in any other district
on which residential buildings are erected shall exceed four feet
in height above ground level when located at a distance closer to
any street line than the setback prescribed for such district, nor
shall any such fence exceed six feet in height above ground level
when located at a distance equal to or greater than the front setback
line prescribed for such district.
c.
No fence in any commercial district shall exceed a height of six
feet above ground level, except as noted in Paragraphs e and f below.
d.
No fence in an industrial district shall be a height of six feet
above ground level, except as noted in Paragraphs e and f below.
e.
The restrictions set forth in this subsection shall not prevent the
erection of a eight foot fence where it is erected upon a lot line
dividing a residential zone and an industrial zone or a residential
zone and a commercial zone.
f.
The restrictions set forth in this subsection shall not prevent the
erection of an open wire fence, not exceeding eight feet in height
above ground level, anywhere within a public park, public playground,
or public school property.
g.
Nothing herein shall be construed to prevent the erection of a retaining
wall.
h.
The following fences and fencing materials at any location at which
a dwelling is situated are specifically prohibited: barbed wire fences,
sharp pointed metal fences, canvas, cloth or electrically charged
fences, temporary fences, expansible fences, or collapsible fences,
provided, however, that nothing herein shall be deemed to prevent
the erection of suitable windbreaks for the winter protection of trees,
shrubs and other vegetation.
i.
All fences shall be within property lines. No fence shall encroach
upon a street.
j.
Every fence shall be maintained in a safe, sound and upright condition
and shall be subject to the inspection of the Carlstadt construction
code agency.
k.
If the Carlstadt Construction Code Agency, upon inspection, shall
determine that any fence or retaining wall, or portion of any fence
or retaining wall, is not being maintained in a safe, sound and upright
condition, it shall notify the owner of the lot of such findings and
order such fence repaired or removed within 15 days of the date of
the written notice.
l.
Any wood, stockade, chain link or any other type of fence shall have
the smooth side or finished side facing to the outside of the property
owner installing the fence. Fence posts will be placed on the inside
of the fence.
21-21.8.
Hotels.
a.
No hotel shall be permitted, except upon property having a minimum
of 100 foot frontage on a state highway, nor shall any hotel be erected
on any property abutting a residentially zoned property.
b.
No hotel shall be more than eight stories nor less than five stories,
notwithstanding any provisions contained in this chapter as to height
regulations.
21-21.9.
Zone Designations.
a.
Zoning district boundary lines are intended to follow the center
line of streets, railroad rights-of-way, streams and recorded lot
or property lines as they exist at the time of enactment of this chapter,
unless otherwise indicated by dimensions on the zoning map.
b.
Where zone boundaries are not fixed by dimension or other notation,
and where they approximately follow property lines or natural features
and do not scale more than 25 feet distant therefrom, such property
line or natural feature shall be deemed to be the location of the
zoning district boundary.
c.
Where a zoning district boundary line is shown as approximately following
the Borough limits, such boundary shall be construed to be the Borough
limits.
d.
In all cases where a district boundary divides a lot, other than
a through lot, in such a manner that 50% or more of such lot lies
in a less restrictive district, the regulations prescribed by this
chapter for such less restrictive district shall apply to the entire
lot.
e.
The exact location of any disputed zoning district boundary line
shall be determined by the zoning board of adjustment in accordance
with the Municipal Land Use Law.
21-21.10.
Restrictions in All Zones West of the Northbound Lane of Route 17.
a.
Hours of Operation. Unless otherwise specifically provided by law,
any and all businesses established after the effective date of this
subsection shall be expressly prohibited from conducting business
operations of any kind during the hours of 12:00 midnight and 5:00
a.m. in all zones west of the northbound lane of Route 17, including
all industrial, commercial, mixed commercial and residential zones.
b.
Truck Loading and Idling. Notwithstanding the provisions of Paragraph
a, dock loading, truck loading and truck idling are expressly prohibited
during the hours of 8:00 p.m. to 6:00 a.m. in all zones west of the
northbound lane of Route 17, including all industrial, commercial,
mixed-commercial, and residential zones.
c.
Nightclubs Prohibited. Except as provided in Section 21-8, nightclubs
are prohibited in all zones west of the northbound lanes of Route
17.
21-21.11.
Exception. Nothing herein contained shall require any change in the
plan, construction or designated use of a building for which a building
permit has been heretofore issued or plans for which are on file with
the building inspector as of December 17, 1979, and which entire building
shall have been completed, according to such plans, as filed, within
one year from December 17, 1979.
21-21.12.
Interpretation of Regulations. In their interpretation and application,
the provisions of this chapter shall be held to be the minimum requirements
adopted for the promotion of the public health, safety, comfort, convenience
and general welfare. It is not intended by this chapter to repeal,
abrogate, annul or in any way to impair or interfere with any existing
provisions or permits previously adopted or issued, or which shall
be adopted or issued pursuant to law, relating to the use of buildings
or premises; nor is it intended by this chapter to interfere with
or abrogate or annul any easements, covenants or other agreements
between parties, provided that where this chapter imposes a greater
restriction upon the use of buildings or premises or upon the height
of buildings, or requires larger yards, courts or other open spaces
than are imposed or required by existing provisions of law or ordinance,
by such rules, regulations or permits or by such easements, covenants
or agreements, the provisions of this chapter shall control.
21-21.13.
Marijuana (Cannabis) Prohibited.
a.
The cultivation, manufacture, warehousing, distribution and sale
of marijuana (Cannabis) and/or the paraphernalia that facilitates
the use of such marijuana (Cannabis) for recreational use is prohibited
in all zones established in the Borough as set forth in § 21-4
of this chapter entitled "Establishment of Zones." All classes of
cannabis establishments or cannabis distributors or cannabis delivery
services as said terms are defined in section 3 of P.L. 2021, c. 16,
but not the delivery of cannabis items and related supplies by a delivery
service to the extent that such deliveries are otherwise permitted
by law.
[Amended 8-18-2021 by Ord. No. 21-9]
b.
MARIJUANA (CANNABIS)
Definition.
All parts of the plant Cannabis sativa Linneaus, Cannabis
indica or Cannabis ruderalis, whether growing or not; the seeds thereof,
the resin, whether crude or purified, extracted from any part of the
plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds, or resin. Cannabis also means
the separate resin, whether crude or purified, obtained from cannabis.
Cannabis does not include the mature stalks of the plant, fiber produced
from the stalks, oil or cake made from the seeds of the plant, or
any other compound, manufacture salt derivative mixture, or preparation
of the mature stalks (except the resin extracted there from), fiber,
oil or cake or the sterilized seed of the plant which is incapable
of germination. For purposes of this chapter, Cannabis does not mean
industrial hemp.
[Amended 6-1-2022 by Ord. No. 22-5]
a.
Purpose.
The Borough of Carlstadt is a fully developed community with no vacant
land available for the development of affordable housing. A vacant
land adjustment has been approved by the court. It is the Borough's
desire to address its unmet housing need using overlay zones. Overlay
zones provide an appropriate and realistic mechanism to promote the
creation of affordable housing when vacant properties are developed,
or existing developed sites are redeveloped.
b.
Conflict in requirements. The requirements of the zoning provisions of Chapter XXI apply to the AHO-1, AHO-1A, and AHO-2 Overlay Zones except where those requirements conflict with this section. In the event of such a conflict, the terms of this Section 21-22 shall prevail.
c.
Zones.
The Affordable Housing Overlay Zone 1 (AHO-1) is located on all properties
in the Residential District and the Mixed Commercial District. The
Affordable Housing Overlay Zone A (AHO-1A) is located on all properties
fronting on Hoboken Road between Washington Street and Garden Street.
The Affordable Housing Overlay Zone 2 (AHO-2) is located on all properties
in the Light Industrial District.
e.
Development standards.
1.
The following
bulk standards are applicable within the Affordable Housing Overlay
Zones:
|
Standard
|
AHO-1
|
AHO-1A
|
AHO-2
|
|---|---|---|---|
|
Minimum lot size
|
20,000 square feet
|
10,000 square feet
|
20,000 square feet
|
|
Maximum density
|
25 units per acre
|
35 units per acre
|
34 units per acre
|
|
Front yard setback
|
20 feet
|
20 feet
|
20 feet
|
|
Side yard setback
|
10 feet each
|
10 feet each
|
10 feet each
|
|
Rear yard setback
|
30 feet
|
30 feet
|
30 feet
|
|
Minimum open space
|
30%
|
30%
|
30%
|
|
Maximum impervious surface coverage
|
70%
|
If the lot size is equal to or greater than 11,100 square feet,
then 70%; if lot size is less than 11,100 square feet, then this section
is not applicable.
|
70%
|
|
Minimum permeable surface coverage
|
n/a
|
25%
|
n/a
|
|
Maximum building height
|
35 feet/3 stories
|
35 feet/3 stories
|
40 feet/4 stories
|
2.
Notwithstanding Subsection a, in the AHO-1A Zone:
(a)
Where the average prevailing setback of existing adjacent structures
is less than 20 feet, the setback shall be reduced to the average
setback line observed by buildings on the same side of the street
between two intersecting streets.
(b)
Where the height of the principal building on an adjacent lot (an
"adjacent principal building") exceeds 35 feet, then the maximum height
of the principal building on the subject lot shall be increased to
the height of the adjacent principal building but not more than 40
feet.
3.
Areas that can be counted toward the minimum permeable surface coverage
include the following:
(a)
Vegetative landscape, such as grass, trees, and shrubs.
(b)
Permeable paving, properly installed, which must include porous aboveground
materials (such as open pavers or engineered products) and a six-inch
porous subbase and a base layer designed to ensure proper drainage
away from the structure(s).
f.
Parking.
The following parking requirements apply to both the AHO-1 and AHO-2
Overlay Zones:
1.
Parking space size and number requirements shall be in compliance
with the New Jersey Residential Site Improvement Standards (RSIS).
2.
No parking shall be permitted in the front yard.
3.
Underground/under-building and structured parking shall be permitted.
4.
Parking shall be permitted in the side and rear yards only. All parking
must be located 10 feet from any side yard property line and five
feet from any rear yard property line.
5.
All perimeter areas surrounding a parking lot must be densely landscaped
with year-round screening materials, including but not limited to
evergreen shrubs.
[1]
Editor's Note: Former Sections 21-22 through 21-25 were renumbered
as Sections 21-24 through 21-27, respectively, to accommodate the
addition of new Sections 21-22 and 21-23.
[1]
Editor's Note: Former Section 21-23, Senior Citizen Housing
District, was repealed 6-1-2022 by Ord. No. 22-5.
[Added 10-7-2020 by Ord. No. 20-6; amended3-3-2021 by Ord. No. 21-3]
This section is applicable to lands within the Borough of Carlstadt
that are located within the jurisdictional boundary of the Hackensack
Meadowlands District.
21-24.1.
The Hackensack Meadowlands Agency Consolidation Act, at N.J.S.A.
5:10A-1 et seq., the Act (the Act) provides at Section 11(a) that
"A constituent municipality that adopts and maintains the commission's
master plan, zoning regulations, codes, and standards shall review
and approve or reject applications for the development, improvement,
redevelopment, construction, or reconstruction on land in the district.
. ., upon the commission's determination that the master plan,
zoning regulations, codes and standards adopted by the constituent
municipality conform in all material respects to those of the commission."
Accordingly, the Borough of Carlstadt hereby adopts and maintains
the NJSEA's master plan, zoning regulations, codes, and standards
and that, further, the following documents are incorporated by reference
and deemed to be part of this section:
a.
Hackensack Meadowlands District Master Plan Update 2020, adopted
February 2020.
b.
NJMC District Zoning Regulations, N.J.A.C. 19:4.
c.
NJMC Subdivision Regulations, N.J.A.C. 19:5.
d.
NJMC Building Code, N.J.A.C. 19:6.
e.
NJMC District Transportation Plan Rules, N.J.A.C. 19:7.
f.
Hackensack Meadowlands District Official Zoning Map.
g.
Interim Policies Governing Affordable Housing Development in the
Meadowlands District effective July 24, 2008, last revised July 27,
2011.
h.
Redevelopment plans: Paterson Plank Road Redevelopment Plan amended
December 19, 2012.
i.
Pallet racking installation requirements.
j.
Landscape and open space design guidelines.
k.
Open space requirements.
l.
Recommended plant list (including native plants).
m.
Guideline on invasive plants.
n.
Tank checklist.
21-24.2.
The Borough of Carlstadt shall adopt, maintain, and abide by all
the applicable rules within the Hackensack Meadowlands District, inclusive
of the aforementioned documents listed in Section 21-24.1, as amended
and supplemented, in the course of any and all land use and zoning
application reviews for properties located in the District. The requirements
of Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are not applicable
within the portion of the Borough of Carlstadt within the Hackensack
Meadowlands District, and as per N.J.A.C. 19:4-2.1(e), no process,
procedure, decision, or other action required or occurring pursuant
to the District zoning regulations shall necessarily be interpreted
to operate in the same manner set forth in the Municipal Land Use
Law (MLUL), N.J.S.A. 40:55D-1 et seq.
21-24.3.
In the interest of continuity of review, all applications shall be
first submitted to the NJSEA, and the NJSEA shall within three business
days of receipt forward a complete copy of the application to the
Borough of Carlstadt.
21-24.4.
The Borough of Carlstadt acknowledges that the NJSEA shall continue
to perform the following reviews:
a.
Determination of any project which requires a use variance or special
exception, in accordance with Section 11d. of the Act, which shall
be evaluated within five business days of receipt, if possible. The
review, and subsequent approval or rejection, of any project which
requires a use variance or special exception shall be retained by
the NJSEA;
b.
Calculation of Transportation Mitigation Assessment (TMAN), as required
by the Hackensack Meadowlands Transportation Planning District Act
of 2015, N.J.S.A. 5:10A-69 et seq. (the TPD Act);
c.
Determination of best available flood hazard data elevation, as required
by FEMA's National Flood Insurance Program (NFIP) Community Rating
System (CRS);
d.
Administration of floodplain management regulations/floodproofing,
as required by FEMA's NFIP CRS;
e.
Evaluation of the state's riparian interest, as required by
N.J.S.A. 13:1B-13.8 regarding the New Jersey Department of Environmental
Protection Bureau of Tidelands;
f.
Evaluation of development's conformance with the New Jersey
Coastal Zone Management Program, as required by N.J.A.C. 7:7-9.43;
and
g.
Conformance with the interim policies governing Interim Policies
Governing Affordable Housing Development in the Meadowlands District.
21-24.5.
The Borough of Carlstadt shall provide the NJSEA with "all documentation,
plans, and information regarding all applications," inclusive of copies
of all letters, permits and approvals issued, as required by Section
11a. of the Act.
21-24.6.
If a TMAN is determined by the NJSEA to be required, the Borough
of Carlstadt agrees to refrain from issuance of any approval until
such time that the TMAN is paid to the NJSEA or the appropriate agreement
with the NJSEA for future payments is signed and filed in the County
Registrar's office.
21-24.7.
Thirty percent of any TMAN funds collected in accordance with the
TPD Act for any project in the Borough of Carlstadt shall be used
for transportation related projects within the Borough of Carlstadt
as required by Section 74k of the TPD Act.
21-24.8.
The Borough of Carlstadt acknowledges that the NJSEA shall independently
enforce the Hackensack Meadowlands Transportation Planning District
Act of 2015, if an approval is issued by the Borough of Carlstadt
prior to the payment of the TMAN to the NJSEA.
21-24.9.
In adopting the district zoning regulations, the NJSEA fee schedule
shall govern. No additional fees may be charged to district applicants.
The Borough of Carlstadt shall retain all fees generated by the applications
handled by the municipality in accordance with the fee schedule set
forth in N.J.A.C. 19:4-11.
21-24.10.
The Borough of Carlstadt shall provide all necessary information
to and cooperate with the NJSEA to ensure the continuity of the FEMA
NFIP CRS program for the benefit of the constituent property owners
within the Borough of Carlstadt as well as within the Hackensack Meadowlands
District, including, but not limited to, the following:
a.
As-built plans for completed building and/or addition construction
prior to the issuance of any temporary or final certificate of completion
and/or occupancy approval or certificate of occupancy. The Borough
shall not issue any temporary or final certificate of completion and/or
occupancy approval or certificate of occupancy until the applicant
has first obtained a FEMA NFIP elevation certificate that has been
signed by the NJSEA.
b.
A link on the municipal website, listing the NJSEA as the floodplain
administrator for all district properties and directing inquiries
to the NJSEA;
c.
The records for all construction, maintenance and inspections regarding
drainage structures located within the district portion of the municipality.
21-24.11.
The Borough of Carlstadt hereby agrees that, as the NJSEA is the
floodplain administrator for the FEMA NFIP CRS program and is responsible
for enforcement of the Floodplain Management regulations at N.J.A.C.
19:4-9.1 et seq., all applications involving a request for a variance
from the NJSEA's required finished floor elevation shall be submitted
to the NJSEA for review and approval or rejection.
21-24.12.
To the extent that the New Jersey Administrative Code regulations
permit an appeal to the Executive Director of the NJMC (by way of
example, but not by way of limitation, N.J.A.C. 19:4-4.19), said appeal
shall be made to the Zoning Code Official of the Borough of Carlstadt.
21-24.13.
To the extent that the New Jersey Administrative Code regulations
permit the Executive Director of the New Jersey Meadowlands Commission
to waive or reduce any application fee (by way of example, but not
by way of limitation, N.J.A.C. 19:411.1), said request for a waiver
or reduction of the application fee shall be made to the Zoning Code
Official of the Borough Carlstadt.
21-24.14.
This section is limited to that portion of the Borough of Carlstadt
within the Hackensack Meadowland District, as delineated on the Hackensack
Meadowlands District Official Zoning Map. For the remaining portion
of the Borough of Carlstadt, which is outside of the Hackensack Meadowlands
District boundaries, all existing development regulations shall remain
in full force and effect.
21-24.15.
If any section, paragraph, subdivision, clause or provision of this
section shall be adjudged invalid, such adjudication shall apply only
to that section, paragraph, subdivision, clause or provision so adjudged
and the remainder of this section shall be deemed to be valid and
effective.
21-24.16.
This section is hereby referred to the Borough of Carlstadt Planning
Board, pursuant to N.J.S.A. 40:55D-64 for a report, if any, pursuant
to N.J.S.A. 40:55D-26(a).
21-24.17.
Should the Borough of Carlstadt Planning Board fail to transmit said
report within the required thirty-five-day period provided for in
said statute, then the governing body shall be relieved from the requirements
of N.J.S.A. 40:55D-26.
[1]
Editor's Note: Former Sections 21-24 through 21-27 were renumbered
as Sections 21-25 through 21-28, respectively, to accommodate the
addition of new Section 21-24.
21-25.1.
Certificate of Occupancy.
a.
Required Prior to Occupation or Use. No land shall be occupied or
used and no building hereafter erected or altered shall be occupied
or used in whole or in part for any purpose whatsoever, except for
the alteration of or addition to a dwelling until a certificate of
occupancy shall have been issued by the building inspector stating
that the premises or building complies with all the provisions of
this chapter.
b.
Required Change, Extension or Alteration of Use. No change or extension
of use and no alteration shall be made in a nonconforming use of premises
without a certificate of occupancy having first been issued by the
building inspector that such change, extension or alteration is in
conformity with the provisions of this chapter.
c.
Application; Issuance. The certificate of occupancy shall be applied
for at the same time that the building permit is applied for and shall
be issued within 10 days after the erection or alteration of the building
shall have been completed. A record of all certificates shall be kept
on file in the office of the building inspector and copies shall be
furnished upon request to any person have a proprietary or tenancy
interest in the building affected.
d.
Fee. A fee shall be charge for each original certificate and for
each copy thereof, as set forth in subsection 4-9.5b of this revision.
e.
Excavation. No permit for excavation shall be issued before application
has been made for a certificate of occupancy. No building or premises
for which a certificate of occupancy is required may be occupied until
such certificate shall have been issued.
21-25.2.
Certificate of Zoning Compliance.
a.
When Required. A certificate of zoning compliance issued by the zoning
code enforcement official shall be required:
1.
In all instances where a certificate of occupancy is required.
2.
Upon the change of ownership of any residential property regardless
of whether the property is designated as a one- or two- or multi-family
dwelling in the tax records or the assessment records of the Borough.
3.
Upon a change in tenancy or ownership of any commercial or business
premises in the Borough regardless of the zoning designation as recorded
in the tax records and/or assessment records of the Borough.
b.
On-Site Inspection. A certificate of zoning compliance shall not
be issued without an on-site inspection being performed by the zoning
code enforcement official or his/her designated subordinate. The reasons
for a denial of the issuance of a certificate of zoning compliance
shall be stated on one copy of the certificate of zoning compliance
application and returned to the applicant.
c.
Fee. The fee for a certificate of zoning compliance on-site inspection
and reinspection, if necessary, shall be as set forth in subsection
4-9.5a of this revision.
d.
Issuance of Certificate. The zoning code enforcement official, upon
issuance of a certificate of zoning compliance, shall provide the
applicant with a copy of the certificate. In addition to providing
a copy to the office of the tax assessor, the original certificate
will be given to the construction code official for placement in the
permanent construction office file relating to the subject premises.
Additional copies of a certificate of zoning compliance relating to
any subject premises will be made available for a fee as set forth
in subsection 4-9.5 of this revision.
The fees for applications and costs shall be as set forth in
section 4-9 of this revision.
21-27.1.
Time Limitations. Every variance granted by the zoning board of adjustment
to permit construction, erection, alteration or addition of or to
a building or structure shall expire and be null and void unless the
applicant, or his/her successor or assignee, shall substantially complete
the construction, erection, alteration or addition of or to the building
or structure for which the variance was granted within one year from
the date of the grant of the variance.
21-27.2.
Fees; Expenses; Escrow.
a.
Fees. Fees for such variances shall be as set forth in subsection
4-9.4 of this revision. If more than one type of variance is involved
in an application, the applicant shall pay the fee required for each
type of variance requested as if it were the only variance being requested.
b.
Professional Expenses; Escrow. At the discretion of the chairperson,
the applicant shall pay all costs incurred from the applicant's escrow
account if it is determined that a professional opinion is required
regarding any application, including the attendance by the professional
at all meetings regarding the application. In the event that the costs
exceed the escrow amount, the applicant shall pay all additional costs
involved prior to obtaining a determination from the board.
21-28.1.
Enforcement and Penalties.
a.
This chapter shall be enforced by the construction code official
and by all other enforcing agencies in the Borough including, without
limitation, the Police Department, the zoning officer and the health
department.
b.
Each enforcement officer is empowered to cause any building, structure,
plans or premises to be inspected and examined and to order, in writing,
the remedying of any condition found to exist therein or thereat in
violation of any provision of these regulations.
c.
The owner or agent of a building or premises where a violation of
any provision of these regulations shall have been committed or shall
exist, or the owner, agent, architect, builder, contractor, lessee,
tenant or any other person who shall commit, take part or assist in
any such violation of this chapter, shall be subject to the penalty
provided in section 1-7 of these Revised General Ordinances of the
Borough of Carlstadt.
21-28.2.
Enforcement Procedure. Whenever the zoning officer shall ascertain
that any of the provisions of this chapter are being violated, (s)he
shall:
a.
Promptly notify the person committing such violation to cease and
desist from continuing such violation.
b.
Sign and file a complaint alleging the violation in the municipal
court of the Borough, in the manner prescribed by law and the rules
governing the practice in such court. The zoning officer shall also
institute further proceedings in the Superior Court when, in his/her
opinion, the same are warranted, to enjoin such violation and to effect
the discontinuance thereof. Nothing herein shall prevent any person
other than the zoning officer from instituting a complaint for any
violation of this chapter in the manner prescribed by law.
21-28.3.
Warrants. Where permitted by law and in the enforcement of this chapter,
the zoning officer may apply to the judge of the municipal court for
a warrant(s) to search and inspect the properties and premises upon
which (s)he has reason to believe any violation of this chapter has
taken or is taking place, and, upon probable cause shown, the judge
may issue such a warrant(s) in the manner authorized by law. The information
obtained pursuant thereto shall be admissible as evidence in any court
of competent jurisdiction for the purposes of proving any case brought
for violation of this chapter.
[Added 6-1-2022 by Ord. No. 22-5]
21-29.1.
Affordable
Housing Obligation.
a.
This section is intended to assure that very-low-, low- and moderate-income
units ("affordable units") are created with controls on affordability
over time and that low- and moderate-income households shall occupy
these units. This section shall apply except where inconsistent with
applicable law.
b.
The Borough of Carlstadt Planning Board has adopted a Housing Element
and Fair Share Plan pursuant to the Municipal Land Use Law at N.J.S.A.
40:55D-1 et seq. The Fair Share Plan has been endorsed by the governing
body. The Fair Share Plan describes the ways Borough of Carlstadt
shall address its fair share for low- and moderate-income housing
as determined by the Department of Community Affairs (the Department)
and documented in the Housing Element.
c.
This section implements and incorporates the Fair Share Plan and
addresses the requirements of N.J.A.C. 5:97, as may be amended and
supplemented.
d.
The Borough shall file monitoring and status reports with Fair Share
Housing Center ("FSHC") and place the reports on its municipal website.
Any plan evaluation report of the Housing Element and Fair Share Plan
and monitoring evaluation report prepared by the Special Master in
accordance with N.J.A.C. 5:91 shall be available to the public at
the Carlstadt Municipal Building.
e.
On or about August 20 of each year through the end of the period
of Third Round Judgment of Repose, the Borough will provide annual
reporting of the status of all affordable housing activity within
the municipality through posting on the municipal website with a copy
of such posting provided to all parties to the Borough's Court-approved
Settlement Agreements, using forms previously developed for this purpose
by the Council on Affordable Housing or any other forms endorsed by
the Special Master and FSHC.
1.
By July 1, 2020, the Borough must prepare a midpoint realistic opportunity
review, as required pursuant to N.J.S.A. 52:27D-313, which the Borough
will post on its municipal website, with a copy provided to FSHC,
a status report as to its implementation of its plan and an analysis
of whether any unbuilt sites or unfulfilled mechanisms continue to
present a realistic opportunity. Such posting shall invite any interested
party to submit comments to the municipality, with a copy to FSHC,
regarding whether any sites no longer present a realistic opportunity
and should be replaced and whether any mechanisms to meet unmet need
should be revised or supplemented. Any interested party may by motion
request a hearing before the Court regarding these issues. In the
event the Court determines that a site or mechanism no longer presents
a realistic opportunity and should be replaced or supplemented, then
the municipality shall have the opportunity to supplement or revise
its plan to correct any deficiency.
2.
Within 30 days of the third anniversary of the Borough's Settlement
Agreement with Fair Share Housing Center and every third year thereafter,
the Borough shall prepare a review of compliance with the very-low-income
housing requirements required by N.J.S.A. 52:27D-329.1 and its Court-approved
Settlement Agreement with FSHC. The Borough will post on its municipal
website, with a copy provided to FSHC, a status report as to its satisfaction
of its very-low-income requirements, including the family very-low-income
requirements referenced herein and in the Borough's Settlement
Agreement with FSHC. Such posting shall invite any interested party
to submit comments to the municipality and FSHC on the issue of whether
the municipality has complied with its very-low-income housing obligation.
21-29.2.
ACT
ADAPTABLE
ADMINISTRATIVE AGENT
AFFIRMATIVE MARKETING
AFFORDABILITY AVERAGE
AFFORDABLE
AFFORDABLE HOUSING PROGRAM(S)
AFFORDABLE UNIT
AGE-RESTRICTED UNIT
AGENCY
ALTERNATIVE LIVING ARRANGEMENT
ASSISTED LIVING RESIDENCE
CERTIFIED HOUSEHOLD
DCA
DEFICIENT HOUSING UNIT
DEVELOPMENT
INCLUSIONARY DEVELOPMENT
LOW-INCOME HOUSEHOLD
LOW-INCOME UNIT
MAJOR SYSTEM
MARKET-RATE UNITS
MEDIAN INCOME
MODERATE-INCOME HOUSEHOLD
MODERATE-INCOME UNIT
NON-EXEMPT SALE
RANDOM SELECTION PROCESS
REGIONAL ASSET LIMIT
REHABILITATION
RENT
RESTRICTED UNIT
UHAC
VERY-LOW-INCOME HOUSEHOLD
VERY-LOW-INCOME UNIT
WEATHERIZATION
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.).
Constructed in compliance with the technical design standards
of the Barrier Free Subcode, N.J.A.C. 5:23-7.
The entity designated by the Borough to administer affordable
units in accordance with this section, N.J.A.C. 5:80-26, and N.J.A.C.
5:96.
A regional marketing strategy designed to attract buyers
and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
The average percentage of median income at which new restricted
units in an affordable housing development are affordable to low-
and moderate-income households.
A sales price or rent level that is within the means of a
very-low-income household as defined as households earning 30% or
less of the regional median income by household size, low- or moderate-income
household as defined within N.J.A.C. 5:93-7.4, and, in the case of
an ownership unit, that the sales price for the unit conforms to the
standards set forth in N.J.A.C. 5:80-26.6, as may be amended and supplemented,
and, in the case of a rental unit, that the rent for the unit conforms
to the standards set forth in N.J.A.C. 5:80-26.12, as may be amended
and supplemented.
Any mechanism in a municipal Housing Element and Fair Share
Plan prepared or implemented to address a municipality's fair
share obligation.
A housing unit proposed or created pursuant to the Act and
approved for crediting by the Court and/or funded through an Affordable
Housing Trust Fund.
A housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
such that: 1) all the residents of the development wherein the unit
is situated are 62 years of age or older; or 2) at least 80% of the
units are occupied by one person who is 55 years of age or older;
or 3) the development has been designated by the Secretary of the
U.S. Department of Housing and Urban Development as "housing for older
persons" as defined in Section 807(b)(2) of the Fair Housing Act,
42 U.S.C. § 3607.
The New Jersey Housing and Mortgage Finance Agency established
by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
A structure in which households live in distinct bedrooms,
yet share kitchen and plumbing facilities, central heat and common
areas. Alternative living arrangements include, but are not limited
to, transitional facilities for the homeless; Class A, B, C, D and
E boarding homes as regulated by the State of New Jersey Department
of Community Affairs; residential health care facilities as regulated
by the New Jersey Department of Health; group homes for the developmentally
disabled and mentally ill as licensed and/or regulated by the New
Jersey Department of Human Services; and congregate living arrangements.
A facility that is licensed by the New Jersey Department
of Health and Senior Services to provide apartment-style housing and
congregate dining and to assure that assisted living services are
available when needed for four or more adult persons unrelated to
the proprietor and that offers units containing, at a minimum, one
unfurnished room, a private bathroom, a kitchenette and a lockable
door on the unit entrance.
A household that has been certified by an administrative
agent as a very-low-income household, low-income household or moderate-income
household.
The State of New Jersey Department of Community Affairs.
A housing unit with health and safety code violations that
requires the repair or replacement of a major system. A major system
includes weatherization, roofing, plumbing (including wells), heating,
electricity, sanitary plumbing (including septic systems), lead paint
abatement and/or load-bearing structural systems.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any use or change in the use of any
building or other structure, or of any mining, excavation or landfill,
and any use or change in the use of any building or other structure,
or land or extension of use of land, for which permission may be required
pursuant to N.J.S.A. 40:55D-1 et seq.
A development containing both affordable units and market
rate units. This term includes, but is not limited to, new construction,
the conversion of a nonresidential structure to residential use and
the creation of new affordable units through the gut rehabilitation
or reconstruction of a vacant residential structure.
A household with a total gross annual household income equal
to 50% or less of the regional median household income by household
size.
A restricted unit that is affordable to a low-income household.
The primary structural, mechanical, plumbing, electrical,
fire protection, or occupant service components of a building which
include, but are not limited to, weatherization, roofing, plumbing
(including wells), heating, electricity, sanitary plumbing (including
septic systems), lead paint abatement and load-bearing structural
systems.
Housing not restricted to very-low-, low- and moderate-income
households that may sell or rent at any price.
The median income by household size for the applicable housing
region, as adopted annually by COAH or a successor entity approved
by the Court.
A household with a total gross annual household income in
excess of 50% but less than 80% of the regional median household income
by household size.
A restricted unit that is affordable to a moderate-income
household.
Any sale or transfer of ownership other than the transfer
of ownership between husband and wife; the transfer of ownership between
former spouses ordered as a result of a judicial decree of divorce
or judicial separation, but not including sales to third parties;
the transfer of ownership between family members as a result of inheritance;
the transfer of ownership through an executor's deed to a class
A beneficiary and the transfer of ownership by court order.
A process by which currently income-eligible households are
selected for placement in affordable housing units such that no preference
is given to one applicant over another except for purposes of matching
household income and size with an appropriately priced and sized affordable
unit (e.g., by lottery).
The maximum housing value in each housing region affordable
to a four-person household with an income at 80% of the regional median
as defined by duly adopted Regional Income Limits published annually
by COAH or a successor entity.
The repair, renovation, alteration or reconstruction of any
building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C.
5:23-6.
The gross monthly cost of a rental unit to the tenant, including
the rent paid to the landlord, as well as an allowance for tenant-paid
utilities computed in accordance with allowances published by DCA
for its Section 8 program. In assisted living residences, rent does
not include charges for food and services.
A dwelling unit, whether a rental unit or an ownership unit,
that is subject to the affordability controls of N.J.A.C. 5:80-26.1,
as amended and supplemented, but does not include a market-rate unit
financed under UHORP or MONI.
The Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26-1 et seq.
A household with a total gross annual household income equal
to 30% or less of the regional median household income by household
size.
A restricted unit that is affordable to a very-low-income
household.
Building insulation (for attic, exterior walls and crawl
space), siding to improve energy efficiency, replacement storm windows,
replacement storm doors, replacement windows and replacement doors,
and is considered a major system for purposes of a rehabilitation
program.
21-29.3.
Inclusionary
Housing. Other Affordable Housing Requirements. All development is
subject to the Borough's zoning power where the development proposes
five or more units; provided that this subsection shall not apply
to residential expansions, additions, renovations, replacement, or
any other type of residential development that does not result in
a net increase in the number of dwellings of five or more shall provide
for affordable housing in accordance with the following requirements:
a.
In a project where the units are sold, a minimum of 20% of the total
number of approved units shall be set aside for occupancy by very-low-,
low- and moderate-income households as defined by NJ Uniform Housing
Affordability Controls.
b.
In a project where the units are rented to tenants, a minimum of
15% of the total number of approved units shall be set aside for occupancy
by very-low-, low- and moderate-income households as defined by NJ
Uniform Housing Affordability Controls.
c.
In any project, a minimum of 13% of the affordable housing units
shall be set aside for occupancy by very-low-income households as
defined by NJ Uniform Housing Affordability Controls.
d.
All affordable units shall comply with the terms and conditions of
the Uniform Housing Affordability Controls relied upon by the Court
and currently set forth in N.J.A.C. 5:80-26.1 et seq., as same may
be amended and supplemented from time to time; provided that in each
affordable development, at least 50% of the restricted units within
each bedroom distribution shall be low-income units and the remainder
may be moderate-income units. To ensure that at least 50% of restricted
units shall be designated as low-income units, all projects providing
an odd number of affordable units shall designate the odd unit as
low-income.
21-29.4.
Administration.
a.
The position of Municipal Housing Liaison (MHL) for Borough of Carlstadt
is established by this section. The Mayor shall make the actual appointment
of the MHL by means of a resolution and subject to approval by the
Superior Court.
1.
The MHL must be either a full-time or part-time employee of Borough
of Carlstadt.
2.
The person appointed as the MHL must be reported to the Department.
3.
The MHL must meet all the Department requirements for qualifications,
including initial and periodic training.
4.
The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for the Borough
of Carlstadt, including the following responsibilities which may not
be contracted out to the administrative agent:
(a)
Serving as the municipality's primary point of contact
for all inquiries from the state, affordable housing providers, administrative
agents and interested households;
(b)
The implementation of the Affirmative Marketing Plan and affordability
controls;
(c)
When applicable, supervising any contracting administrative
agent;
(d)
Monitoring the status of all restricted units in the Borough
of Carlstadt's Fair Share Plan;
(e)
Compiling, verifying and submitting annual reports as required
by the Department or as required by Superior Court;
(f)
Coordinating meetings with affordable housing providers and
administrative agents, as applicable; and
(g)
Attending continuing education opportunities on affordability
controls, compliance monitoring and affirmative marketing as offered
or approved by the Department.
b.
The Borough of Carlstadt shall designate by resolution of the Council,
subject to the approval of the Department, one or more administrative
agents to administer newly constructed affordable units in accordance
with this section.
c.
An Operating Manual shall be provided by the administrative agent(s)
to be adopted by resolution of the governing body and subject to approval
of the Department. The Operating Manuals shall be available for public
inspection in the Office of the Municipal Clerk and in the office(s)
of the administrative agent(s).
d.
The administrative agent shall perform the duties and responsibilities
of an administrative agent as are set forth in UHAC and which are
described in full detail in the Operating Manual, including those
set forth in N.J.A.C. 5:80-26.14, 16 and 18 thereof, which includes:
1.
Attending continuing education opportunities on affordability controls,
compliance monitoring, and affirmative marketing as offered or approved
by the Department;
2.
Affirmative marketing;
3.
Household certification;
4.
Affordability controls;
5.
Records retention;
6.
Resale and rerental;
7.
Processing requests from unit owners; and
8.
Enforcement, though the ultimate responsibility for retaining controls
on the units rests with the municipality.
9.
The administrative agent shall have authority to take all actions
necessary and appropriate to carry out its responsibilities, hereunder.
e.
The fees of the administrative agent shall be paid by the owners
of the affordable units for which the services of the administrative
agent are required.
21-29.5.
Alternative
living arrangements.
a.
The administration of an alternative living arrangement shall be
in compliance with N.J.A.C. 5:93-5.8 and UHAC, with the following
exceptions:
b.
With the exception of units established with capital funding through
a twenty-year operating contract with the Department of Human Services,
Division of Developmental Disabilities, alternative living arrangements
shall have at least thirty-year controls on affordability in accordance
with UHAC, unless an alternative commitment is approved by the Court.
c.
The service provider for the alternative living arrangement shall
act as the administrative agent for the purposes of administering
the affirmative marketing and affordability requirements for the alternative
living arrangement.
21-29.6.
Phasing
and Bedroom Distribution.
a.
In inclusionary developments the following schedule shall be followed:
|
Maximum Percentage of Market-Rate Units Completed
|
Minimum Percentage of Very-Low-, Low-, and Moderate-Income Units
Completed
|
|---|---|
|
25%
|
0%
|
|
25% + 1 unit
|
10%
|
|
50%
|
50%
|
|
75%
|
75%
|
|
90%
|
100%
|
b.
Low/moderate split and bedroom distribution.
1.
The fair share obligation shall be divided equally between very-low-,
low-, or moderate-income units, except that where there is an odd
number of affordable housing units, the extra unit shall be a low-income
unit. At least 13% of all restricted rental units and all bedroom
distributions shall be very-low-income units (affordable to a household
earning 30% or less of regional median income by household size).
(a)
The very-low-income units shall be counted as part of the required
number of low-income units within the development.
2.
In each affordable development, at least 50% of the restricted units
within each bedroom distribution shall be very-low- or low-income
units.
3.
Affordable developments that are not age-restricted shall be structured
in conjunction with realistic market demands such that:
(a)
The combined number of efficiency and one-bedroom units shall
be no greater than 20% of the total very-low-, low-, or moderate-income
units;
(b)
At least 30% of all very-low-, low-, or moderate-income units
shall be two-bedroom units;
(c)
At least 20% of all very-low-, low-, or moderate-income units
shall be three-bedroom units; and
(d)
The remaining units may be allocated among two- and three-bedroom
units at the discretion of the developer.
4.
Affordable developments that are age-restricted shall be structured
such that the number of bedrooms shall equal the number of age restricted
very-low-, low-, or moderate-income units within the inclusionary
development. This standard may be met by having all one-bedroom units
or by having a two-bedroom unit for each efficiency unit.
c.
Design. In inclusionary developments, low- and moderate-income units
shall be integrated with the market units.
d.
Utilities. Affordable units shall utilize the same type of heating
source as market units within the affordable development.
21-29.7.
New
Construction. The following general guidelines apply to all newly
constructed developments that contain very-low-, low- and moderate-income
housing units, including any currently unanticipated future developments
that will provide very-low-, low- and moderate-income housing units.
a.
Low/moderate split and bedroom distribution of affordable housing
units:
1.
The fair share obligation shall be divided equally between very-low-,
low- and moderate- income units, except that where there is an odd
number of affordable housing units, the extra unit shall be a low
income unit. Additionally, at least 13% of all restricted units shall
be very-low-income units (affordable to a household earning 30% or
less of the regional median income by household size). The very-low-income
units shall be counted as part of the required number of low-income
units in the development.
2.
In each affordable development, at least 50% of the restricted units
within each bedroom distribution shall be low-income units, with at
least 13% affordable to very-low-income households. The very-low-income
units shall be counted as part of the required number of low-income
units in the development.
3.
Affordable developments that are not age-restricted shall be structured
in conjunction with realistic market demands such that:
(a)
The combined number of efficiency and one-bedroom units shall
be no greater than 20% of the total low- and moderate-income units;
(b)
At least 30% of all low- and moderate-income units shall be
two-bedroom units;
(c)
At least 20% of all low- and moderate-income units shall be
three-bedroom units; and
(d)
The remaining units may be allocated among two- and three-bedroom
units at the discretion of the developer.
4.
Affordable developments that are age-restricted shall be structured
such that the number of bedrooms shall equal the number of age-restricted
low- and moderate-income units within the inclusionary development.
The standard may be met by having all one-bedroom units or by having
a two-bedroom unit for each efficiency unit.
b.
Accessibility requirements:
1.
The first floor of all restricted townhouse dwelling units and all
restricted units in all other multistory buildings shall be subject
to the technical design standards of the Barrier Free Subcode, N.J.A.C.
5:23-7 and N.J.A.C. 5:97-3.14.
2.
All restricted townhouse dwelling units and all restricted units
in other multistory buildings in which a restricted dwelling unit
is attached to at least one other dwelling unit shall have the following
features:
(a)
An adaptable toilet and bathing facility on the first floor;
(b)
An adaptable kitchen on the first floor;
(c)
An interior accessible route of travel on the first floor;
(d)
An interior accessible route of travel shall not be required
between stories within an individual unit;
(e)
An adaptable room that can be used as a bedroom, with a door
or the casing for the installation of a door, on the first floor;
and
(f)
An accessible entranceway as set forth at P.L. 2005, c. 350
(N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C.
5:23-7 and N.J.A.C. 5:97-3.14, or evidence that the Borough of Carlstadt
has collected funds from the developer sufficient to make 10% of the
adaptable entrances in the development accessible:
(1)
Where a unit has been constructed with an adaptable entrance,
upon the request of a disabled person who is purchasing or will reside
in the dwelling unit, an accessible entrance shall be installed.
(2)
To this end, the builder of restricted units shall deposit funds
within the Borough of Carlstadt's Affordable Housing Trust Fund
sufficient to install accessible entrances in 10% of the affordable
units that have been constructed with adaptable entrances.
(3)
The funds deposited under Subsection b2(a)(2) above shall be
used by the Borough of Carlstadt for the sole purpose of making the
adaptable entrance of any affordable unit accessible when requested
to do so by a person with a disability who occupies or intends to
occupy the unit and requires an accessible entrance.
(4)
The developer of the restricted units shall submit a design
plan and cost estimate for the conversion from adaptable to accessible
entrances to the Construction Official of the Borough of Carlstadt.
(5)
Once the Construction Official has determined that the design
plan to convert the unit entrances from adaptable to accessible meet
the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7 and
N.J.A.C. 5:97-3.14, and that the cost estimate of such conversion
is reasonable, payment shall be made to the Borough of Carlstadt's
Affordable Housing Trust Fund in care of the Municipal Treasurer who
shall ensure that the funds are deposited into the Affordable Housing
Trust Fund and appropriately earmarked.
(6)
Full compliance with the foregoing provisions shall not be required
where an entity can demonstrate that it is site impracticable to meet
the requirements. Determinations of site impracticability shall be
in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7 and N.J.A.C.
5:97-3.14.
c.
Maximum rents and sales prices.
1.
In establishing rents and sales prices of affordable housing units,
the administrative agent shall follow the procedures set forth in
UHAC and by the Superior Court, utilizing the regional income limits
established.
2.
The maximum rent for restricted rental units within each affordable
development shall be affordable to households earning no more than
60% of median income, and the average rent for restricted low- and
moderate-income units shall be affordable to households earning no
more than 52% of median income.
3.
The developers and/or municipal sponsors of restricted rental units
shall establish at least one rent for each bedroom type for both low-income
and moderate-income units.
(a)
At least 13% of all low- and moderate-income rental units shall
be affordable to households earning no more than 30% of median income.
4.
The maximum sales price of restricted ownership units within each
affordable development shall be affordable to households earning no
more than 70% of median income, and each affordable development must
achieve an affordability average of 55% for restricted ownership units;
in achieving this affordability average, moderate-income ownership
units must be available for at least three different prices for each
bedroom type, and low-income ownership units must be available for
at least two different prices for each bedroom type.
5.
In determining the initial sales prices and rents for compliance
with the affordability average requirements for restricted units other
than assisted living facilities, the following standards shall be
used:
(a)
A studio shall be affordable to a one-person household;
(b)
A one-bedroom unit shall be affordable to a one-and-one-half-person
household;
(c)
A two-bedroom unit shall be affordable to a three-person household;
(d)
A three-bedroom unit shall be affordable to a four-and-one-half-person
household; and
(e)
A four-bedroom unit shall be affordable to a six-person household.
6.
In determining the initial rents for compliance with the affordability
average requirements for restricted units in assisted living facilities,
the following standards shall be used:
7.
The initial purchase price for all restricted ownership units shall
be calculated so that the monthly carrying cost of the unit, including
principal and interest (based on a mortgage loan equal to 95% of the
purchase price and the Federal Reserve H.15 rate of interest), taxes,
homeowner and private mortgage insurance and condominium or homeowner
association fees do not exceed 28% of the eligible monthly income
of the appropriate size household as determined under N.J.A.C. 5:80-26.4,
as may be amended and supplemented; provided, however, that the price
shall be subject to the affordability average requirement of N.J.A.C.
5:80-26.3, as may be amended and supplemented.
8.
The initial rent for a restricted rental unit shall be calculated
so as not to exceed 30% of the eligible monthly income of the appropriate
household size as determined under N.J.A.C. 5:80-26.4, as may be amended
and supplemented; provided, however, that the rent shall be subject
to the affordability average requirement of N.J.A.C. 5:80-26.3, as
may be amended and supplemented.
9.
The price of owner-occupied very-low-, low- and moderate-income units
may increase annually based on the percentage increase in the regional
median income limit for each housing region. In no event shall the
maximum resale price established by the administrative agent be lower
than the last recorded purchase price. All units shall include the
required bedroom distribution, be governed by controls on affordability
and affirmatively marketed in conformance with the Uniform Housing
Affordability Controls, N.J.A.C. 5:80-26.1 et seq. or any successor
regulation, except that in lieu of the 10% of affordable units in
rental projects required to be at 35% of median income, 13% of all
affordable units shall be "very-low-income" as defined in N.J.S.A.
52:270-304, and all other applicable law. The Borough as part of its
HEFSP shall adopt and/or update appropriate implementing ordinances
in conformance with standard ordinances and guidelines developed by
COAH to ensure that this provision is satisfied. Income limits for
all units that are part of the plan required by this agreement and
for which income limits are not already established through a federal
program exempted from the Uniform Housing Affordability Controls pursuant
to N.J.A.C. 5:80-26.1 shall be updated by the Borough within 30 days
of the publication of determinations of median income by HUD, but
not more frequently than annually, as follows:
(a)
Regional income limits shall be established for the Region 1
based on the median income by household size, which shall be established
by a regional weighted average of the uncapped Section 8 income limits
published by HUD. To compute this regional income limit, the HUD determination
of median county income for a family of four is multiplied by the
estimated households within the county according to the most recent
decennial Census. The resulting product for each county within the
housing region is summed. The sum is divided by the estimated total
households from the most recent decennial Census in Region (1) This
quotient represents the regional weighted average of median income
for a household of four. The income limit for a moderate-income unit
for a household of four shall be 80% of the regional weighted average
median income for a family of four. The income limit for a low-income
unit for a household of four shall be 50% of the HUD determination
of the regional weighted average median income for a family of four.
The income limit for a very-low-income unit for a household of four
shall be 30% of the regional weighted average median income for a
family of four. These income limits shall be adjusted by household
size based on multipliers used by HUD to adjust median income by household
size. In no event shall the income limits be less than those for the
previous year.
(b)
The income limits calculated each year shall be the result of
applying the percentages set forth in Subsection c9(a) above to HUD's
determination of median income for the relevant fiscal year, and shall
be utilized until the Borough updates the income limits after HUD
has published revised determinations of median income for the next
fiscal year.
(c)
The Regional Asset Limit used in determining an applicant's
eligibility for affordable housing pursuant to N.J.A.C. 5:80-26.16(b)3
shall be calculated by the Borough annually by taking the percentage
increase of the income limits calculated pursuant to Subsection c9(a)
above over the previous year's income limits, and applying the
same percentage increase to the Regional Asset Limit from the prior
year. In no event shall the Regional Asset Limit be less than that
for the previous year.
10.
The rent of very-low-, low- and moderate-income units may be increased
annually based on the percentage increase in the Housing Consumer
Price Index for the United States. This increase shall not exceed
9% in any one year. Rents for units constructed pursuant to low-income
housing tax credit regulations shall be indexed pursuant to the regulations
governing low-income housing tax credits.
11.
Utilities. Tenant-paid utilities that are included in the utility
allowance shall be so stated in the lease and shall be consistent
with the utility allowance approved by DCA for its Section 8 program.
21-29.8.
Affirmative
Marketing Requirements.
a.
Borough of Carlstadt shall adopt by resolution an Affirmative Marketing
Plan, subject to approval of the Department or Superior Court, compliant
with N.J.A.C. 5:80-26.15, as may be amended and supplemented.
1.
The Borough Affirmative Marketing Plan is amended to include, pursuant
to N.J.A.C. 5:8-26.15(f)(5), the following organizations: the Fair
Share Housing Center, the New Jersey State Conference of the NAACP,
the Latino Action Network, the Bergen County Chapter of the NAACP,
and the Bergen County Urban League as part of the regional affirmative
marketing strategies during implementation of the affirmative marketing
plan.
b.
The affirmative marketing plan is a regional marketing strategy designed
to attract buyers and/or renters of all majority and minority groups,
regardless of race, creed, color, national origin, ancestry, marital
or familial status, gender, affectional or sexual orientation, disability,
age or number of children to housing units which are being marketed
by a developer, sponsor or owner of affordable housing. The affirmative
marketing plan is also intended to target those potentially eligible
persons who are least likely to apply for affordable units in that
region. It is a continuing program that directs all marketing activities
toward Housing Region #1 and covers the period of deed restriction.
c.
The administrative agent designated by the Borough of Carlstadt shall
assure the affirmative marketing of all affordable units consistent
with the Affirmative Marketing Plan for the municipality.
d.
In implementing the affirmative marketing plan, the administrative
agent shall provide a list of counseling services to low- and moderate-income
applicants on subjects such as budgeting, credit issues, mortgage
qualification, rental lease requirements, and landlord/tenant law.
e.
The affirmative marketing process for available affordable units
shall begin at least four months prior to the expected date of occupancy.
f.
The costs of advertising and affirmative marketing of the affordable
units shall be the responsibility of the developer, sponsor or owner,
unless otherwise determined or agreed to by Borough of Carlstadt.
21-29.9.
Occupancy
Standards.
a.
In referring certified households to specific restricted units, to
the extent feasible, and without causing an undue delay in occupying
the unit, the administrative agent shall strive to:
b.
Additional provisions related to occupancy standards (if any) shall
be provided in the municipal Operating Manual.
21-29.10.
Control
Periods for Restricted Ownership Units and Enforcement Mechanisms.
a.
Control periods for restricted ownership units shall be in accordance
with N.J.A.C. 5:80-26.5, as may be amended and supplemented, and each
restricted ownership unit shall remain subject to the requirements
of this section until the Borough elects to release the unit from
such requirements; however, and prior to such an election, a restricted
ownership unit must remain subject to the requirements of N.J.A.C.
5:80-26.1, as may be amended and supplemented, for at least 30 years.
b.
The affordability control period for a restricted ownership unit
shall commence on the date the initial certified household takes title
to the unit.
c.
Prior to the issuance of the initial certificate of occupancy for
a restricted ownership unit and upon each successive sale during the
period of restricted ownership, the administrative agent shall determine
the restricted price for the unit and shall also determine the nonrestricted,
fair market value of the unit based on either an appraisal or the
unit's equalized assessed value.
d.
At the time of the first sale of the unit, the purchaser shall execute
and deliver to the administrative agent a recapture note obligating
the purchaser (as well as the purchaser's heirs, successors and
assigns) to repay, upon the first non-exempt sale after the unit's
release from the requirements of this section, an amount equal to
the difference between the unit's nonrestricted fair market value
and its restricted price, and the recapture note shall be secured
by a recapture lien evidenced by a duly recorded mortgage on the unit.
e.
The affordability controls set forth in this section shall remain
in effect despite the entry and enforcement of any judgment of foreclosure
with respect to restricted ownership units.
f.
A restricted ownership unit shall be required to obtain a continuing
certificate of occupancy or a certified statement from the Construction
Official stating that the unit meets all code standards upon the first
transfer of title that follows the expiration of the applicable minimum
control period provided under N.J.A.C. 5:80-26.5(a), as may be amended
and supplemented.
21-29.11.
Price
Restrictions for Restricted Ownership Units, Homeowner Association
Fees and Resale Prices. Price restrictions for restricted ownership
units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended
and supplemented, including:
a.
The initial purchase price for a restricted ownership unit shall
be approved by the administrative agent.
b.
The administrative agent shall approve all resale prices, in writing
and in advance of the resale, to assure compliance with the foregoing
standards.
c.
The method used to determine the condominium association fee amounts
and special assessments shall be indistinguishable between the very-low-,
low- and moderate-income unit owners and the market unit owners.
d.
The owners of restricted ownership units may apply to the administrative
agent to increase the maximum sales price for the unit on the basis
of capital improvements. Eligible capital improvements shall be those
that render the unit suitable for a larger household or the addition
of a bathroom.
21-29.12.
Buyer
Income Eligibility.
a.
Buyer income eligibility for restricted ownership units shall be
in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented,
such that low-income ownership units shall be reserved for households
with a gross household income less than or equal to 50% of median
income and moderate-income ownership units shall be reserved for households
with a gross household income less than 80% of median income.
b.
The administrative agent shall certify a household as eligible for
a restricted ownership unit when the household is a very-low-, low-income
household or a moderate-income household, as applicable to the unit,
and the estimated monthly housing cost for the particular unit (including
principal, interest, taxes, homeowner and private mortgage insurance
and condominium or homeowner association fees, as applicable) does
not exceed 33% of the household's certified monthly income.
21-29.13.
Limitations
on Indebtedness Secured by Ownership Unit; Subordination.
a.
Prior to incurring any indebtedness to be secured by a restricted
ownership unit, the administrative agent shall determine in writing
that the proposed indebtedness complies with the provisions of this
section.
b.
With the exception of original purchase money mortgages, during a
control period neither an owner nor a lender shall at any time cause
or permit the total indebtedness secured by a restricted ownership
unit to exceed 95% of the maximum allowable resale price of that unit,
as such price is determined by the administrative agent in accordance
with N.J.A.C. 5:80-26.6(b).
21-29.14.
Control
Periods for Restricted Rental Units.
a.
Control periods for restricted rental units shall be in accordance
with N.J.A.C. 5:80-26.11, as may be amended and supplemented, and
each restricted rental unit shall remain subject to the requirements
of this section until the Borough of Carlstadt elects to release the
unit from such requirements pursuant to action taken in compliance
with N.J.A.C. 5:80- 26.1, as may be amended and supplemented, and
prior to such an election, a restricted rental unit must remain subject
to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented,
for at least 30 years.
b.
Deeds of all real property that include restricted rental units shall
contain deed restriction language. The deed restriction shall have
priority over all mortgages on the property, and the deed restriction
shall be filed by the developer or seller with the records office
of the County of Bergen. A copy of the filed document shall be provided
to the administrative agent within 30 days of the receipt of a certificate
of occupancy.
c.
A restricted rental unit shall remain subject to the affordability
controls of this section, despite the occurrence of any of the following
events:
21-29.15.
Control
Periods for Rehabilitated Housing Units.
a.
Rehabilitated owner-occupied housing units that are improved to code
standards shall be subject to affordability controls for a period
of 10 years.
21-29.16.
Price
Restrictions for Rental Units; Leases.
a.
A written lease shall be required for all restricted rental units,
except for units in an assisted living residence, and tenants shall
be responsible for security deposits and the full amount of the rent
as stated on the lease. A copy of the current lease for each restricted
rental unit shall be provided to the administrative agent.
b.
No additional fees or charges shall be added to the approved rent
(except, in the case of units in an assisted living residence, to
cover the customary charges for food and services) without the express
written approval of the administrative agent.
c.
Application fees (including the charge for any credit check) shall
not exceed 5% of the monthly rent of the applicable restricted unit
and shall be payable to the administrative agent to be applied to
the costs of administering the controls applicable to the unit as
set forth in this section.
21-29.17.
Tenant
Income Eligibility.
a.
Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13,
as may be amended and supplemented, and shall be determined as follows:
1.
Very-low-income rental units shall be reserved for households with
a gross household income less than or equal to 30% of median income.
2.
Low-income rental units shall be reserved for households with a gross
household income less than or equal to 50% of median income.
3.
Moderate-income rental units shall be reserved for households with
a gross household income less than 80% of median income.
b.
The administrative agent shall certify a household as eligible for
a restricted rental unit when the household is a very-low-income,
low-income household or a moderate-income household, as applicable
to the unit, and the rent proposed for the unit does not exceed 35%
(40% for age-restricted units) of the household's eligible monthly
income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended
and supplemented; provided, however, that this limit may be exceeded
if one or more of the following circumstances exists:
1.
The household currently pays more than 35% (40% for households eligible
for age-restricted units) of its gross household income for rent,
and the proposed rent will reduce its housing costs;
2.
The household has consistently paid more than 35% (40% for households
eligible for age-restricted units) of eligible monthly income for
rent in the past and has proven its ability to pay;
3.
The household is currently in substandard or overcrowded living conditions;
4.
The household documents the existence of assets with which the household
proposes to supplement the rent payments; or
5.
The household documents proposed third-party assistance from an outside
source such as a family member in a form acceptable to the administrative
agent and the owner of the unit.
c.
The applicant shall file documentation sufficient to establish the
existence of the circumstances in Subsection b1 through 5 above with
the administrative agent, who shall counsel the household on budgeting.
21-29.18.
Enforcement
of Affordable Housing Regulations.
a.
Upon the occurrence of a breach of any of the regulations governing
the affordable unit by an owner, developer or tenant, the municipality
shall have all remedies provided at law or equity, including but not
limited to foreclosure, tenant eviction, municipal fines, a requirement
for household recertification, acceleration of all sums due under
a mortgage, recoupment of any funds from a sale in the violation of
the regulations, injunctive relief to prevent further violation of
the regulations, entry on the premises, and specific performance.
b.
After providing written notice of a violation to an owner, developer
or tenant of a low- or moderate-income unit and advising the owner,
developer or tenant of the penalties for such violations, the municipality
may take the following action against the owner, developer or tenant
for any violation that remains uncured for a period of 60 days after
service of the written notice:
1.
The municipality may file a court action pursuant to N.J.S.A. 2A:58-11
alleging a violation, or violations, of the regulations governing
the affordable housing unit. If the owner, developer or tenant is
found by the court to have violated any provision of the regulations
governing affordable housing units the owner, developer or tenant
shall be subject to one or more of the following penalties, at the
discretion of the court:
(a)
A fine of not more than $10,000 or imprisonment for a period
not to exceed 90 days, or both. Each and every day that the violation
continues or exists shall be considered a separate and specific violation
of these provisions and not as a continuing offense;
(b)
In the case of an owner who has rented his or her low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment into the Borough of Carlstadt Affordable Housing Trust
Fund of the gross amount of rent illegally collected;
(c)
In the case of an owner who has rented his or her low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment of an innocent tenant's reasonable relocation
costs, as determined by the court.
2.
The municipality may file a court action in the Superior Court seeking
a judgment, which would result in the termination of the owner's
equity or other interest in the unit, in the nature of a mortgage
foreclosure. Any judgment shall be enforceable as if the same were
a judgment of default of the first purchase money mortgage and shall
constitute a lien against the low- and moderate-income unit.
c.
Such judgment shall be enforceable, at the option of the municipality,
by means of an execution sale by the Sheriff, at which time the low-
and moderate-income unit of the violating owner shall be sold at a
sale price which is not less than the amount necessary to fully satisfy
and pay off any first purchase money mortgage and prior liens and
the costs of the enforcement proceedings incurred by the municipality,
including attorney's fees. The violating owner shall have the
right to possession terminated as well as the title conveyed pursuant
to the Sheriff's sale.
d.
The proceeds of the Sheriff's sale shall first be applied to
satisfy the first purchase money mortgage lien and any prior liens
upon the low- and moderate-income unit. The excess, if any, shall
be applied to reimburse the municipality for any and all costs and
expenses incurred in connection with either the court action resulting
in the judgment of violation or the Sheriff's sale. In the event
that the proceeds from the Sheriff's sale are insufficient to
reimburse the municipality in full as aforesaid, the violating owner
shall be personally responsible for and to the extent of such deficiency,
in addition to any and all costs incurred by the municipality in connection
with collecting such deficiency. In the event that a surplus remains
after satisfying all of the above, such surplus, if any, shall be
placed in escrow by the municipality for the owner and shall be held
in such escrow for a maximum period of two years or until such earlier
time as the owner shall make a claim with the municipality for such.
Failure of the owner to claim such balance within the two-year period
shall automatically result in a forfeiture of such balance to the
municipality. Any interest accrued or earned on such balance while
being held in escrow shall belong to and shall be paid to the municipality,
whether such balance shall be paid to the owner or forfeited to the
municipality.
e.
Foreclosure by the municipality due to violation of the regulations
governing affordable housing units shall not extinguish the restrictions
of the regulations governing affordable housing units as the same
apply to the low- and moderate-income unit. Title shall be conveyed
to the purchaser at the Sheriff's sale, subject to the restrictions
and provisions of the regulations governing the affordable housing
unit. The owner determined to be in violation of the provisions of
this plan and from whom title and possession were taken by means of
the Sheriff's sale shall not be entitled to any right of redemption.
f.
If there are no bidders at the Sheriff's sale, or if insufficient
amounts are bid to satisfy the first purchase money mortgage and any
prior liens, the municipality may acquire title to the low- and moderate-income
unit by satisfying the first purchase money mortgage and any prior
liens and crediting the violating owner with an amount equal to the
difference between the first purchase money mortgage and any prior
liens and costs of the enforcement proceedings, including legal fees
and the maximum resale price for which the low- and moderate-income
unit could have been sold under the terms of the regulations governing
affordable housing units. This excess shall be treated in the same
manner as the excess which would have been realized from an actual
sale as previously described.
g.
Failure of the low- and moderate-income unit to be either sold at
the Sheriff's sale or acquired by the municipality shall obligate
the owner to accept an offer to purchase from any qualified purchaser
which may be referred to the owner by the municipality, with such
offer to purchase being equal to the maximum resale price of the low-
and moderate-income unit as permitted by the regulations governing
affordable housing units.
h.
The owner shall remain fully obligated, responsible and liable for
complying with the terms and restrictions of governing affordable
housing units until such time as title is conveyed from the owner.
21-29.19.
Appeals.
Appeals from all decisions of an administrative agent designated pursuant
to this section shall be filed in writing with the Commissioner of
the Department.
[Added 6-1-2022 by Ord.
No. 22-5]
a.
Purpose.
This section establishes standards for the collection, maintenance,
and expenditure of development fees that are consistent with COAH's
regulations developed in response to P.L. 2008, c. 46, Sections 8
and 32-38 (N.J.S.A. 52:27D-329.2) and the Statewide Non-Residential
Development Fee Act (N.J.S.A. 40:55D-8.1 through 8.7). Fees collected
pursuant to this section shall be used for the sole purpose of providing
very-low-, low- and moderate-income housing in accordance with a Court-approved
Spending Plan approved as required by law.
b.
AFFORDABLE HOUSING DEVELOPMENT
COAH or THE COUNCIL
DEVELOPER
DEVELOPMENT FEE
EQUALIZED ASSESSED VALUE
GREEN BUILDING STRATEGIES
Definitions.
The following terms, as used in this Section, shall have the following
meanings:
A development included in the Housing Element and Fair Share
Plan, and includes, but is not limited to, an inclusionary development,
a municipal construction project or a 100-percent affordable housing
development.
The New Jersey Council on Affordable Housing established
under the Fair Housing Act.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
Money paid by a developer for the improvement of property
as authorized by Holmdel Builder's Association v. Holmdel Township,
121 N.J. 550 (1990) and the Fair Housing Act of 1985, N.J.S.A. 52:27d-301,
et seq., and regulated by applicable COAH Rules.
The assessed value of a property divided by the current average
ratio of assessed to true value for the municipality in which the
property is situated, as determined in accordance with Sections 1,
5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:1-35c).
Those strategies that minimize the impact of development
on the environment, and enhance the health, safety and well-being
of residents by producing durable, low-maintenance, resource-efficient
housing while making optimum use of existing infrastructure and community
services.
c.
Residential
development fees.
(1)
Imposition of fees.
(A)
Within the Borough of Carlstadt, all residential developers, except
for developers of the types of developments specifically exempted
in Subsection c4(b) below and developers of developments that include
affordable housing, shall pay a fee of 1.5% of the equalized assessed
value for all new residential development provided no increased density
is permitted. Development fees shall also be imposed and collected
for improvements to an existing residential structure or construction
of an addition dwelling unit; in such cases, the fee shall be calculated
based on the increase in the equalized assessed value of the parcel
in question.
(B)
When an increase in residential density is permitted pursuant to
a "d" variance granted under N.J.S.A. 40:55D-70d(5), developers shall
be required to pay a "bonus" development fee of 6.0% of the equalized
assessed value for each additional unit that may be realized, except
that this provision shall not be applicable to a development that
will include affordable housing. If the zoning on a site has changed
during the two-year period preceding the filing of such a variance
application, the base density for the purposes of calculating the
bonus development fee shall be the highest density permitted by right
during the two-year period preceding the filing of the variance application.
(2)
Eligible exactions, ineligible exactions and exemptions for residential
developments.
(A)
Affordable housing developments and/or developments where the developer
has made a payment in lieu of on-site construction of affordable units,
if permitted by Ordinance and approved by the Court as part of its
approval of the settlement of litigation in In the Matter of the Application
of the Borough of Carlstadt, Docket No BER-L-6392-15 shall be exempt
from the payment of development fees.
(B)
Developments that have received preliminary or final site plan approval
prior to the adoption of this section shall be exempt from the payment
of development fees, unless the developer seeks a substantial change
in the original approval. Where site plan approval is not applicable,
the issuance of a zoning permit and/or construction permit shall be
synonymous with preliminary or final site plan approval for the purpose
of determining the right to an exemption. In all cases, the applicable
fee percentage shall be determined based upon the Development Fee
Ordinance in effect on the date that the construction permit is issued.
(C)
Improvements or additions to existing one- and two-family dwellings
on individual lots shall not be required to pay a development fee,
but a development fee shall be charged for any new dwelling constructed
as a replacement for a previously existing dwelling on the same lot
that was or will be demolished, unless the owner resided in the previous
dwelling for a period of one year or more prior to obtaining a demolition
permit. Where a development fee is charged for a replacement dwelling,
the development fee shall be calculated on the increase in the equalized
assessed value of the new structure as compared to the previous structure.
(D)
Homes replaced as a result of a natural disaster (such as a fire
or flood) shall be exempt from the payment of a development fee.
d.
Nonresidential
development fees.
(1)
Imposition of fees.
(A)
Within all zoning districts, nonresidential developers, except for
developers of the types of developments specifically exempted below,
shall pay a fee equal to 2.5% of the equalized assessed value of the
land and improvements, for all new nonresidential construction on
an unimproved lot or lots.
(B)
Within all zoning districts, nonresidential developers, except for
developers of the types of developments specifically exempted below,
shall also pay a fee equal to 2.5% of the increase in equalized assessed
value resulting from any additions to existing structures to be used
for nonresidential purposes.
(C)
Development fees shall be imposed and collected when an existing
structure is demolished and replaced. The development fee of 2.5%
shall be calculated on the difference between the equalized assessed
value of the pre-existing land and improvements and the equalized
assessed value of the newly improved structure, i.e., land and improvements,
and such calculation shall be made at the time a final certificate
of occupancy is issued. If the calculation required under this section
results in a negative number, the nonresidential development fee shall
be zero.
(2)
Eligible exactions, ineligible exactions and exemptions for nonresidential
development.
(A)
The nonresidential portion of a mixed-use inclusionary or market
rate development shall be subject to development fee of 2.5% unless
otherwise exempted below.
(B)
The fee of 2.5% shall not apply to an increase in equalized assessed
value resulting from alterations, change in use within existing footprint,
reconstruction, renovations and repairs.
(C)
Nonresidential developments shall be exempt from the payment of nonresidential
development fees in accordance with the exemptions required pursuant
to the Statewide Nonresidential Development Fee Act (N.J.S.A. 40:55D-8.1
through 8.7), as specified in Form N-RDF "State of New Jersey Non-Residential
Development Certification/Exemption." Any exemption claimed by a developer
shall be substantiated by that developer.
(D)
A developer of a nonresidential development exempted from the nonresidential
development fee pursuant to the Statewide Non-Residential Development
Fee Act shall be subject to the fee at such time as the basis for
the exemption no longer applies and shall make the payment of the
nonresidential development fee, in that event, within three years
after that event or after the issuance of the final certificate of
occupancy for the nonresidential development, whichever is later.
(E)
If a property which was exempted from the collection of a nonresidential
development fee thereafter ceases to be exempt from property taxation,
the owner of the property shall remit the fees required pursuant to
this section within 45 days of the termination of the property tax
exemption. Unpaid nonresidential development fees under these circumstances
may be enforceable by the Borough of Carlstadt as a lien against the
real property of the owner.
e.
Collection
procedures.
(1)
Upon the granting of a preliminary, final or other applicable approval
for a development, the approving authority or entity shall notify
or direct its staff to notify the Construction Official responsible
for the issuance of a construction permit.
(2)
For nonresidential developments only, the developer shall also be
provided with a copy of Form N-RDF "State of New Jersey Non-Residential
Development Certification/Exemption" to be completed as per the instructions
provided. The developer of a nonresidential development shall complete
Form N-RDF as per the instructions provided. The Construction Official
shall verify the information submitted by the nonresidential developer
as per the instructions provided in the Form N-RDF. The Tax Assessor
shall verify exemptions and prepare estimated and final assessments
as per the instructions provided in Form N-RDF.
(3)
The Construction Official responsible for the issuance of a construction
permit shall notify the Borough Tax Assessor of the issuance of the
first construction permit for a development which is subject to a
development fee.
(4)
Within 90 days of receipt of such notification, the Borough Tax Assessor
shall prepare an estimate of the equalized assessed value of the development
based on the plans filed.
(5)
The Construction Official responsible for the issuance of a final
certificate of occupancy shall notify the Borough Tax Assessor of
any and all requests for the scheduling of a final inspection on a
property which is subject to a development fee.
(6)
Within 10 business days of a request for the scheduling of a final
inspection, the Borough Tax Assessor shall confirm or modify the previously
estimated equalized assessed value of the improvements associated
with the development; calculate the development fee; and thereafter
notify the developer of the amount of the fee.
(7)
Should the Borough of Carlstadt fail to determine or notify the developer
of the amount of the development fee within 10 business days of the
request for final inspection, the developer may estimate the amount
due and pay that estimated amount consistent with the dispute process
set forth in Subsection b. of Section 37 of P.L. 2008, c. 46 (N.J.S.A.
40:55D-8.6).
(8)
Except as provided in Section 5.A.3 hereinabove, 50% of the initially
calculated development fee shall be collected at the time of issuance
of the construction permit. The remaining portion shall be collected
at the time of issuance of the certificate of occupancy. The developer
shall be responsible for paying the difference between the fee calculated
at the time of issuance of the construction permit and that determined
at the time of issuance of the certificate of occupancy. No certificate
of occupancy shall be issued to the developer until all remaining
developer fees have been paid in full.
(9)
Appeal of development fees.
(A)
A developer may challenge residential development fees imposed by
filing a challenge with the County Board of Taxation. Pending a review
and determination by the Board, collected fees shall be placed in
an interest-bearing escrow account by the Borough of Carlstadt. Appeals
from a determination of the Board may be made to the tax court in
accordance with the provisions of the State Tax Uniform Procedure
Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such
determination. Interest earned on amounts escrowed shall be credited
to the prevailing party.
(B)
A developer may challenge nonresidential development fees imposed
by filing a challenge with the Director of the Division of Taxation.
Pending a review and determination by the Director, which shall be
made within 45 days of receipt of the challenge, collected fees shall
be placed in an interest-bearing escrow account by the Borough of
Carlstadt. Appeals from a determination of the Director may be made
to the tax court in accordance with the provisions of the State Tax
Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after
the date of such determination. Interest earned on amounts escrowed
shall be credited to the prevailing party.
[Added 6-1-2022 by Ord.
No. 22-5]
a.
There
is hereby created a separate, interest-bearing Affordable Housing
Trust Fund to be maintained by the Chief Financial Officer of the
Borough of Carlstadt for the purpose of depositing development fees
collected from residential and nonresidential developers and proceeds
from the sale of units with extinguished controls.
b.
The
following additional funds shall be deposited in the Affordable Housing
Trust Fund and shall always be identifiable by source and amount:
(1)
Payments in lieu of on-site construction of a fraction of an affordable
unit, where permitted by Ordinance or by Agreement with the Borough
of Carlstadt;
(2)
Funds contributed by developers to make 10% of the adaptable entrances
in a townhouse or other multistory attached dwelling unit development
accessible;
(3)
Rental income from municipally operated units;
(4)
Repayments from affordable housing program loans;
(5)
Recapture funds;
(6)
Proceeds from the sale of affordable units; and
(7)
Any other funds collected in connection with Carlstadt's affordable
housing program.
c.
In
the event of a failure by the Borough of Carlstadt to comply with
trust fund monitoring and reporting requirements or to submit accurate
monitoring reports; or a failure to comply with the conditions of
the judgment of compliance or a revocation of the judgment of compliance;
or a failure to implement the approved Spending Plan and to expend
funds within the applicable required time period as set forth in Tp.
of Monroe, 442 N.J. Super. 565 (Law Div. 2015) (aff'd 442 N.J.Super.
563); or the expenditure of funds on activities not approved by the
Court; or for other good cause demonstrating the unapproved use(s)
of funds, the Court may authorize the State of New Jersey, Department
of Community Affairs, Division of Local Government Services (LGS),
to direct the manner in which the funds in the Affordable Housing
Trust Fund shall be expended, provided that all such funds shall,
to the extent practicable, be utilized for affordable housing programs
within the Borough of Carlstadt, or, if not practicable, then within
the county or the housing region.
d.
Any
party may bring a motion before the Superior Court presenting evidence
of such condition(s), and the Court may, after considering the evidence
and providing the municipality a reasonable opportunity to respond
and/or to remedy the noncompliant condition(s), and upon a finding
of continuing and deliberate noncompliance, determine to authorize
LGS to direct the expenditure of funds in the Trust Fund. The Court
may also impose such other remedies as may be reasonable and appropriate
to the circumstances.
e.
Interest
accrued in the Affordable Housing Trust Fund shall only be used to
fund eligible affordable housing activities approved by the Court.
f.
The
expenditure of all funds shall conform to a Spending Plan approved
by the Court. Funds deposited in the Affordable Housing Trust Fund
may be used for any activity approved by the Court to address the
Borough of Carlstadt's fair share obligation and may be set up
as a grant or revolving loan program. Such activities include, but
are not limited to, preservation or purchase of housing for the purpose
of maintaining or implementing affordability controls; housing rehabilitation;
new construction of affordable housing units and related costs; accessory
apartments; a market to affordable program; Regional Housing Partnership
programs; conversion of existing nonresidential buildings to create
new affordable units; green building strategies designed to be cost
saving and in accordance with accepted national or state standards;
purchase of land for affordable housing; improvement of land to be
used for affordable housing; extensions or improvements of roads and
infrastructure to affordable housing sites; financial assistance designed
to increase affordability; administration necessary for implementation
of the Housing Element and Fair Share Plan; and/or any other activity
permitted by the Court and specified in the approved Spending Plan.
g.
At
least 30% of all development fees collected, and interest earned on
such fees shall be used to provide affordability assistance to low-
and moderate-income households in affordable units included in the
municipal Fair Share Plan. One-third of the affordability assistance
portion of development fees collected shall be used to provide affordability
assistance to those households earning 30% or less of the median income
for Housing Region 1, in which Carlstadt is located.
(1)
Affordability assistance programs may include down payment assistance,
security deposit assistance, low-interest loans, rental assistance,
assistance with homeowner's association or condominium fees and
special assessments, and assistance with emergency repairs. The specific
programs to be used for affordability assistance shall be identified
and described within the Spending Plan.
(2)
Affordability assistance to households earning 30% or less of median
income may include buying down the cost of low- or moderate-income
units in the municipal Fair Share Plan to make them affordable to
households earning 30% or less of median income. The specific programs
to be used for very-low-income affordability assistance shall be identified
and described within the Spending Plan.
(3)
Payments in lieu of constructing affordable housing units on site,
if permitted by ordinance or by agreement with the Borough of Carlstadt,
and funds from the sale of units with extinguished controls shall
be exempt from the affordability assistance requirement.
h.
The
Borough of Carlstadt may contract with a private or public entity
to administer any part of its Housing Element and Fair Share Plan,
including its programs for affordability assistance.
i.
No
more than 20% of all revenues collected from development fees may
be expended on administration, including, but not limited to, salaries
and benefits for municipal employees or consultants' fees necessary
to develop or implement a new construction program, prepare a Housing
Element and Fair Share Plan, and/or administer an affirmative marketing
program or a rehabilitation program.
(1)
In the case of a rehabilitation program, the administrative costs
of the rehabilitation program shall be included as part of the 20%
of collected development fees that may be expended on administration.
(2)
Administrative funds may be used for income qualification of households,
monitoring the turnover of sale and rental units, and compliance with
COAH's monitoring requirements. Legal or other fees related to
litigation opposing affordable housing sites or related to securing
or appealing a judgment from the Court are not eligible uses of the
Affordable Housing Trust Fund.
j.
The
Borough of Carlstadt shall provide annual reporting of Affordable
Housing Trust Fund activity to the State of New Jersey, Department
of Community Affairs, Council on Affordable Housing or Local Government
Services or other entity designated by the State of New Jersey, with
a copy provided to Fair Share Housing Center and posted on the municipal
website, using forms developed for this purpose by the New Jersey
Department of Community Affairs, Council on Affordable Housing or
Local Government Services. The reporting shall include an accounting
of all Affordable Housing Trust Fund activity, including the sources
and amounts of funds collected and the amounts and purposes for which
any funds have been expended. Such reporting shall include an accounting
of development fees collected from residential and nonresidential
developers, payments in lieu of constructing affordable units on site
(if permitted by ordinance or by agreement with the Borough), funds
from the sale of units with extinguished controls, barrier free escrow
funds, rental income from Borough-owned affordable housing units,
repayments from affordable housing program loans, and any other funds
collected in connection with Carlstadt's affordable housing programs,
as well as an accounting of the expenditures of revenues and implementation
of the Spending Plan approved by the Court.
k.
Ongoing
collection of fees.
(1)
The ability for the Borough of Carlstadt to impose, collect and expend
development fees shall expire with the expiration of the repose period
covered by its Judgment of Compliance unless the Borough of Carlstadt
has first filed an adopted Housing Element and Fair Share Plan with
the Court or with a designated state administrative agency, has petitioned
for a Judgment of Compliance from the Court or for substantive certification
or its equivalent from a state administrative agency authorized to
approve and administer municipal affordable housing compliance and
has received approval of its Development Fee Ordinance from the entity
that will be reviewing and approving the Housing Element and Fair
Share Plan.
(2)
If the Borough of Carlstadt fails to renew its ability to impose
and collect development fees prior to the expiration of its Judgment
of Compliance, it may be subject to forfeiture of any or all funds
remaining within its Affordable Housing Trust Fund. Any funds so forfeited
shall be deposited into the "New Jersey Affordable Housing Trust Fund"
established pursuant to Section 20 of P.L. 1985, c. 222 (N.J.S.A.
52:27D-320).
(3)
The Borough of Carlstadt shall not impose a residential development
fee on a development that receives preliminary or final site plan
approval after the expiration of its Judgment of Compliance, nor shall
the Borough of Carlstadt retroactively impose a development fee on
such a development. The Borough of Carlstadt also shall not expend
any of its collected development fees after the expiration of its
Judgment of Compliance.
