Borough of Alpine, NJ
Bergen County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Alpine as Ch. XVII (Ord. No. 178) of the 1970 Revised General Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Land use procedures — See Ch. 35.
Building construction — See Ch. 79.
Uniform construction codes — See Ch. 97.
Fences — See Ch. 111.
Fire prevention — See Ch. 119.
Food establishments — See Ch. 123.
Junkyards — See Ch. 138.
Signs — See Ch. 177.
Site plan review — See Ch. 179.
Subdivision of land — See Ch. 195.
Swimming pools — See Ch. 198.
220a Limiting Height and Bulk of Buildings

§ 220-1 Title.

This chapter shall be known and may be cited as the "Zoning Ordinance of the Borough of Alpine."

§ 220-2 Definitions.

[Amended by Ord. No. 231; Ord. No. 292; Ord. No. 501; Ord. No. 513]
For the purpose of this chapter, the definitions of certain words and phrases shall be as follows:
ACCESSORY USE
Either a subordinate use of a building, structure or land or a subordinate building or structure whose use is clearly incidental to the principal use, which is customary in connection with the principal use, and which is located on the same lot as the principal use.
ATTIC
An unfinished, uninhabitable area, without a fixed stairway as a means of access and egress, between the ceiling joist of the top story and the roof rafters.
[Added 6-24-2009 by Ord. No. 703]
ATTIC, HABITABLE
The finished space between the top of the ceiling joist of the next floor below and the roof rafters. It shall have a stairway as a means of access and egress, and the ceiling area at a height of seven feet above the attic floor shall not be more than 1/3 of the area of the next floor below. A habitable attic shall be considered a half-story.
[Added 6-24-2009 by Ord. No. 703]
BUFFER STRIP
A strip of land established to physically separate or screen one use or property from an adjacent use or property so as to visually shield or block noise, lights or other nuisances where the adjoining uses are incompatible.
BUFFER ZONE
An area of land left in its natural state or landscaped and kept in open space use in order to protect one type of use from another land use that is incompatible.
BUILDING
Includes the word "structure."
BUSINESS DAY
Any day of the year, exclusive of Saturday, Sunday and legal holidays.
[Added 6-27-2012 by Ord. No. 731]
COAH
The New Jersey Council on Affordable Housing.
[Added 3-22-2000 by Ord. No. 565]
CONDITIONAL USE
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter, and upon the issuance of an authorization therefor by the Planning Board, or, in the case of a "d" variance, the Board of Adjustment.
DECK
A structure of wood or other material supported (in whole or in part) by columns, posts or piers, whether attached to or separated from any building or other structure located at or above ground level.
[Added 10-23-2013 by Ord. No. 737]
DEVELOPMENT FEES
Money paid by an individual, person, partnership, association, company or corporation for the improvement of property as permitted in COAH's rules.
[Added 3-22-2000 by Ord. No. 565]
EQUALIZED ASSESSMENT VALUE
The value of a property determined by the Municipal Tax Assessor through a process designed to ensure that all property in the municipality is assessed at the same assessment ratio or ratios required by law. Estimates at the time of issuance of a building permit may be obtained utilizing estimates for construction costs. Final equalized assessed value will be determined at project completion by the Municipal Tax Assessor.
[Added 3-22-2000 by Ord. No. 565]
FAMILY
Any number of related individuals, or domestic help which service such family, and living and cooking together as a single housekeeping unit, or not more than two persons not related by blood, marriage or adoption, lawfully occupying a dwelling unit and living as a single, nonprofit housekeeping unit. Nothing herein contained shall prohibit any occupancy mandated by N.J.S.A. 40:55D-1 et seq.
[1]
GARAGE DOOR, RESIDENTIAL
A movable, solid barrier used for egress or ingress to a garage. A single garage door shall not exceed a width of 10 feet. No garage door shall exceed a height of 12 feet.
[Added 9-24-2003 by Ord. No. 606]
GARAGE, PUBLIC
Any structure used for servicing or storing cars for pay to the general public or any structure used for individual or private purposes which does not conform to the definition of a private garage as defined in this chapter. The term "public garage" shall be deemed to include service stations.
GARAGE, RESIDENTIAL
A structure, either part of or accessory to a residential building on the same lot, used for the storage of vehicles.
[Added 9-24-2003 by Ord. No. 606]
GRADE, FINISHED
The final elevation of the ground level after development.
[Added 5-26-2004 by Ord. No. 637]
GRADE, ORIGINAL
The elevation of the ground level in its natural state, before construction, filling, or excavation.
[Added 5-26-2004 by Ord. No. 637]
HEIGHT OF BUILDING
The vertical distance measured from the average original grade or the average finished grade of the proposed building, whichever is lower, to the highest point of the roof, if the roof is flat, or to a point that is half the distance between the plates and the top of the ridge beam in the case of sloping roofs. The average original grade of the proposed building shall be the average of the reported original grade elevations for all corners and entrances of the proposed building. The average finished grade of the proposed building shall be the average of the reported finished grade elevations for all corners and entrances of the proposed building. Excluded from the calculation of building height shall be chimneys, steeples, handrails for widow’s walks and other architectural features that are no greater than four feet in height and which occupy no more than 5% of the total roof area.
[Amended 5-26-2004 by Ord. No. 637]
JUDGMENT OF REPOSE
A judgment issued by the Superior Court approving a municipality's plan to satisfy its fair share obligation.
[Added 3-22-2000 by Ord. No. 565]
LOT
A parcel of land occupied or capable of being occupied by one building and the accessory buildings or uses customarily incident to it, including open spaces required by this chapter and excluding land within officially recognized rights-of-way. The word "lot" also includes the word "plot."
LOT LINE
Any boundary line of a lot.
LOT LINE, FRONT
The boundary of a lot which is along an existing or dedicated public street or, where no public street exists, is along a public way; provided, however, that the front of a lot with frontage on two or more roads shall be determined as follows:
[Amended 6-24-2009 by Ord. No. 703]
A. 
If the lot conforms to the zoning criterion of the minimum required width with reference to each fronting street, the owner may select which of such streets is the fronting street. This election shall be made at the time of application for a building permit for the principal building.
B. 
If either width is nonconforming, the front shall be deemed to be on the street which has the least frontage; provided, however, if the comparative frontages are within a range of 10 feet, the owner may select which street shall be the fronting street.
LOT LINE, REAR
Any lot line other than another front lot line on another street which is opposite a front lot line but not necessarily the same length as the front lot line.
LOT LINE, SIDE
Any lot line not a front lot line or a rear lot line.
NONCONFORMING LOT, STRUCTURE OR USE
A lot, the area, dimension or location of which, a structure, the size, dimension or location of which, or a use or activity which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
OCCUPIED
Includes the words "designed" or "intended to be used."
PATIO
A structure of stone, brick, concrete, paving stone or similar material, without a roof, used for an outdoor sitting area or recreational purposes.
[Added 10-23-2013 by Ord. No. 737]
PLATE
A horizontal timber for carrying the trusses of a roof or the rafters.
[Added 5-26-2004 by Ord. No. 637]
RIDGE BEAM
The line of intersection at the top between the opposite slopes or sides of a roof.
[Added 5-26-2004 by Ord. No. 637]
ROOF, MANSARD
A roof with two slopes on each of four or more sides with the lower slope steeper than the upper. If the area enclosed by a mansard roof has a floor-to-ceiling height of more than six feet and area of more than 1/3 of the next floor below, it shall be considered a story.
[Added 6-24-2009 by Ord. No. 703]
STORY
That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the top of the ceiling joist next above it, not including basements unless they are a story above grade.
[Added 6-24-2009 by Ord. No. 703]
STORY ABOVE GRADE
Any story having its finished floor surface entirely above grade, except that a basement shall be considered as a story above grade where the finished surface of the floor above the basement is more than six feet above the finished ground level for more than 50% of the total building perimeter.
[Added 6-24-2009 by Ord. No. 703]
STORY, HALF
See "attic," and "attic, habitable."
[Added 6-24-2009 by Ord. No. 703]
SUBSTANTIVE CERTIFICATION
A determination by COAH approving a municipality’s housing element and fair share plan in accordance with the provisions of the Fair Housing Act and the rules and criteria as set forth herein. A grant of substantive certification shall be valid for a period of six years in accordance with the terms and conditions therein.
[Added 3-22-2000 by Ord. No. 565; amended 11-17-2003 by Ord. No. 625; 3-24-2004 by Ord. No. 630]
YARD, FRONT
A space, unoccupied except as hereinafter provided, within and extending the full width of the lot between the front line and the parts of the building setting back from and nearest such line.
YARD, REAR
A space, unoccupied except as hereinafter provided, within and extending a full width of the lot between the rear walls of the main building and the rear lot line.
YARD, SIDE
A space unoccupied, except as hereinafter provided, within the lot and between a side lot line and the part of the building erected thereon and nearest thereto. The side yard shall extend from the front yard to the rear yard.
[1]
Editor's Note: The former definition of "garage, private," which immediately followed this definition, was repealed 9-24-2003 by Ord. No. 606.

§ 220-3 Zone districts.

[Amended by Ord. No. 248; Ord. No. 254; Ord. No. 292; Ord. No. 318]
A. 
Districts established. For the purposes of this chapter, the Borough of Alpine is divided into the following districts:
[Amended by Ord. No. 416; Ord. No. 443; Ord. No. 513; 4-28-2004 by Ord. No. 632]
R-R District
R-A District
R-AA District
R-1 District
R-2 District
R-2A District
R-2B District
R-2C District
R-3 District
R-4 District
P District
B (Buffer) District
COAH-1
COAH-2
B. 
Boundaries. The boundaries of the above created districts are hereby established as shown on the Zoning Map[1] dated April 23, 1979, and as amended by Ordinance No. 300, dated May 19, 1980, and as amended April 26, 1982, and as amended by Ordinance No. 434, dated January 22, 1990, which Map is hereby made a part of this chapter.
[Amended by Ord. No. 434; Ord. No. 450; Ord. No. 473; Ord. No. 513]
[1]
Editor's Note: The Zoning Map is on file in the Borough offices.
C. 
Limiting Schedule.[2]
[2]
Editor's Note: The Limiting Schedule is included at the end of this chapter.
D. 
Limitation of coverage on land.
[Amended 5-23-2001 by Ord. No. 567; 10-25-2001 by Ord. No. 578]
(1) 
All properties located in the Borough shall be subject to the following maximum building coverage and maximum improved lot coverage:
[Amended 4-28-2004 by Ord. No. 632]
Zone
Maximum Building Coverage
(%)
Maximum Improved Lot Coverage
(%)
Minimum Lot Area
(square feet)
R-A
9%
25%
87,120
R-AA
9%
25%
65,340
R-1
9%
25%
40,000
R-2
10%
20%
20,000
R-2A
10%
20%
14,000
R-2B
10%
20%
10,000
R-2C
10%
20%
15,000
R-3
10%
20%
7,500
R-4
10%
20%
10,000
R-R
9%
25%
87,120
COAH-1
See § 220-3D(5)
COAH-2
9%
25%
40,000
(2) 
Building coverage shall mean that portion of a lot which is occupied by the principal building, which includes the total horizontal area of the building at, above and below grade when viewed in plan.
[Amended 11-23-2015 by Ord. No. 755]
(3) 
Improved lot coverage shall mean the part of the site that is covered by buildings, parking areas, driveways, pools, walkways or paved ancillary surfaces such as decks, patios, tennis courts and similar improvements and any other impervious surface.
(4) 
Impervious coverage shall mean any surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water.
(5) 
[3]In the COAH-1 District, the minimum distance between buildings shall be 30 feet and the minimum building setback to internal streets and driveways shall be 18 feet. In the COAH-1 District the maximum improved lot coverage may be 30% of the total land owned by such person or corporation erecting buildings in said District. In the COAH-2 District the maximum improved lot coverage shall comply with the limitation of coverage on land requirements set forth in Subsection D.
[3]
Editor's Note: Former Subsection D(5), regarding the coverage limitations, which subsection immediately followed this subsection, was repealed 2-26-2003 by Ord. No. 609. This ordinance also redesignated former Subsection D(6) as Subsection D(5).
E. 
Steep slopes.
[Added 5-28-1997 by Ord. No. 532]
(1) 
Statement of purpose.
(a) 
It is the express purpose of this subsection to provide for special qualitative and quantitative development controls for all lands located within the Borough of Alpine which have present within their boundaries topographical conditions hereinafter defined as "steep slopes." These special development controls are provided in recognition of the potentially negative impacts of construction in steep slope areas in the form of erosion, siltation, excessive removal of vegetation and soil, flooding, soil slippage, water runoff and destruction of unique land forms and predominant views. It is further the purpose of this subsection to encourage good land use planning and design and to maximize the best use of the natural terrain and to maintain the critical land forms intact to the extent reasonably possible and desirable.
(b) 
Effective and reasonable application of these regulations will protect the health, safety, and welfare of the citizens of the Borough of Alpine, and the following purposes of the Municipal Land Use Law are advanced (N.J.S.A. 40:55D-2) by these regulations:
b.
To secure safety from fire, flood, panic and other natural and man-made disasters;
g.
To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all New Jersey citizens;
i.
To promote a desirable visual environment through creative development techniques and good civic design and arrangements;
j.
To promote the conservation of historic sites and districts and districts open space, energy resources and valuable natural resources in the state and to prevent urban sprawl and degradation of the environment through improper use of land;
(c) 
Master Plan.
[1] 
The 1994 Borough of Alpine Master Plan Update recommended identification of steep slope areas and the Statement of Objectives and Principles contained the following:
9.
To encourage good design, existing natural settings and preservation of trees which will be compatible with surrounding properties and with the high quality of residences in Alpine.
[2] 
Furthermore, the 2002 Borough of Alpine Master Plan reiterated the Borough's concern with protection of environmentally sensitive features by including the following goal and associated policy statement:
[Added 2-26-2003 by Ord. No. 609]
[a] 
Goal: To ensure that any prospective development is responsive to the borough's environmental features and is designed to preserve the community's physical characteristics.
[b] 
Policy statement: The Borough of Alpine seeks to limit development to that which is sensitive to the community's particular physical characteristics, and preserves the borough's sensitive environmental features. In particular, the borough seeks to limit development to that which preserves steeply sloped areas (defined to include any slope of minimally 15% grade), wetlands, and floodplains, and retains existing vegetation (particularly trees of a caliper of six inches or more and clusters of trees which may be of lesser caliper if determined appropriate). With respect to these areas of concerns:
[i] 
The borough should require restitution for all illegally removed trees.
[ii] 
Borough policy seeks to encourage the conservation of sites with particular environmental sensitivity, especially those properties along Route 9W.
[iii] 
It is specifically noted with respect to steep slopes that slope zoning regulations should be applied to each individual building lot in a development application.
[iv] 
The borough takes cognizance of the fact that there are numerous sites in the municipality that are typified by extensive environmentally sensitive features and therefore may not be able to accommodate its full zoned development potential.
(d) 
This subsection is further promulgated to provide a functional land use design and control mechanism which will augment the basic land use controls of this chapter and the administrative implementing devices contained within the Borough's site plan and subdivision ordinance.[4]
[4]
Editor's Note: See Ch. 179, Site Plan Review, and Chapter 195, Subdivision of Land.
(2) 
Applicability. The requirements, guidelines, and controls promulgated under this subsection shall be applicable to all properties within all zone districts situated in the Borough of Alpine in their existing physical state or condition as of the date of the passage of this subsection. Said applicability shall apply only to new construction where said properties fall within 15% or greater slope area, except as provided for in Subsection E(5). This subsection shall further apply to building reconstruction where over 50% of any structure on a property or parcel of land is destroyed by fire or other natural occurrence or as a result of redevelopment and the entire footprint of said structure falls within a 15% or greater slope area.
(3) 
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
DISTURBANCE
Any physical activity which results in removal of vegetation, modification of topography by cutting or filling, stripping of topsoil, and/or placing of physical structures or improvements thereon.
DISTURBANCE CONTROL CRITERIA
Those criteria set forth in Subsection E(5) of this section.
[Amended 2-26-2003 by Ord. No. 609[5]]
GRADE
The contour or surface of the ground.
(a) 
The natural contour or surface of the ground before any disturbance.
(b) 
The contour or surface of the ground at the completion of a project after any disturbance.
GRADING
Any disturbance of the original grade by stripping, cutting, filling, stockpiling, or any combination thereof.
GRADING LIMITATIONS
The extent of the disturbance allowed in Subsection E(6), Construction control limitation, Column 2, of this section.[6]
SLOPE MEASUREMENT CRITERIA
The following slope measurement criteria shall serve as the basic means of identifying and categorizing steep slopes as further regulated under this subsection:
(a) 
Vertical measurement: Vertical measurement shall be determined utilizing two-foot contours as documented and determined by on-site survey or the use of photogrammetric aerial topography.
(b) 
Horizontal measurement: Horizontal measurement shall be determined by use of an appropriate scale as required by Borough site plan or subdivision ordinance[7] measuring a minimum horizontal section 30 feet in length.
(c) 
Application of vertical and horizontal measurements: The vertical and horizontal measurements are utilized to determine the slope by measuring the vertical rise on the basis of two-foot contours in a thirty-foot horizontal length.
STEEP SLOPE
Includes slopes in excess of 15% in gradient as measured and documented in accordance with the "slope measurement criteria" definition.
TRANSITIONAL GRADING
The disturbance in that area of land between the original grade and the finished grade to accommodate roads, parking areas, structures and other like improvements.
[5]
Editor's Note: This ordinance also repealed the former definition of "adjusted density," which definition immediately preceeded this definition prior to its redesignation from "density control criteria" to "disturbance control criteria."
[6]
Editor's Note: The former definition of "permitted density," which definition immediately followed this definition, was repealed 2-26-2003 by Ord. No. 609.
[7]
Editor's Note: See Ch. 179, Site Plan Review, and Chapter 195, Subdivision of Land.
(4) 
Application procedure. For all subdivision plats, site plans and applications for building permits, the following information shall be submitted to the Borough Engineer for review:
(a) 
Topography map showing existing contours at two-foot intervals.
(b) 
Areas clearly identified showing the following slopes as measured in a thirty-foot horizontal length pursuant to the definition of "slope measurement criteria" in Subsection E(3):
35% or greater
25.0% to 34.9%
15.0% to 24.9%
0.0% to 14.9%
(c) 
Calculations, in square footage and areas, of amount of area in the various slope categories listed above.
(5) 
Disturbance control criteria. To meet the purposes, goals and standards set forth in this subsection only the following disturbance and physical development activities shall be permitted:
[Amended 2-26-2003 by Ord. No. 609[8]]
Column 1
Slope Category
(percent)
Column 2
Grading Limitations
(percent)
Column 3
Activity allowed
0.0% to 14.9%
100%
All construction allowed
15.0% to 24.9%
50%
Only transitional grading or road construction
25.0% to 34.9%
30%
Only transitional grading
35.0% and above
0%
No disturbance allowed
[8]
Editor's Note: This ordinance also repealed former Subsection E(5), Density Control Criteria and Computations, which subsection immediately preceeded this subsection, and redesignated former Subsection E(6) through E(9) as Subsection E(5) through E(8), respectively.
(6) 
Exemptions. All existing developed structures shall be exempt from this subsection, except as provided for in Subsection E(2).
(7) 
Soil moving. Nothing herein shall be construed to affect the provisions of Chapter 185, Soil Fill and Soil Removal.
(8) 
Planning Board jurisdiction and variances. Nothing in this subsection shall be construed to limit the jurisdiction of the Planning Board or Zoning Board of Adjustment over site plan approval or to grant variances or waivers in accordance with the Municipal Land Use Law, as amended.

§ 220-4 Nonconforming structures and uses.

[Amended by Ord. No. 378]
A. 
Continuation of use. Any lawful nonconforming use, or structure containing a lawful nonconforming use, existing on August 25, 1986, may be continued upon the lot or in the structure so occupied, and any such structure may be restored or repaired in the event of partial destruction.
B. 
Expansion or change of use. A nonconforming use on the premises in existence on August 25, 1986, shall not be expanded, increased or enlarged and shall not be permitted to be changed to any use other than a conforming use.
C. 
Maintenance of structure. Normal maintenance of a nonconforming structure, or of a structure containing a nonconforming use, is permitted, including necessary repairs and incidental alterations, provided that such repairs and alterations shall not increase the degree of nonconformity of the structure nor extend the nonconforming use.
D. 
Alteration of structure. A structure containing a nonconforming use may not be reconstructed or structurally altered unless such structure is changed to be conforming.
E. 
Reconstruction of structure. A building permit for the reconstruction of any nonconforming use must be applied for within six months from the time of partial destruction.
F. 
Cessation of use. In the event there is a cessation of operation of any nonconforming use, an intent to terminate is manifested or the nonconforming use has been discontinued for a period of one year, the same shall be deemed to be an abandonment of such nonconforming use. Any subsequent exercise of abandoned nonconforming use shall be deemed a violation of the terms of this section.[1]
[1]
Editor's Note: Original Section 17-5, which immediately followed this subsection, was replaced by Ord. No. 410. See now Ch. 177, Signs.

§ 220-5 Residence zones.

A. 
Permitted uses. Within the R-A, R-AA, R-1, R-2, R-2A, R-2B, R-3 or R-4 Zones, no building or lot shall be used for any purpose except the following:
[Amended by Ord. No. 249; Ord. No. 254; Ord. No. 292]
(1) 
A one-family detached dwelling with no boarders or roomers.
(2) 
A public park, public playground, public athletic field, public museum, public library, firehouse or municipal building, in each case owned or operated by the Borough.
(3) 
Agricultural and horticultural land uses and the buildings incidental to residence, provided that no accessory buildings or runs for poultry or animals, no outdoor storage of fertilizer and manure and no greenhouse heating plant be within 30 feet of any lot line.
B. 
Accessory uses.
[Amended by Ord. No. 252]
(1) 
Private garage, emergency shelters, customary recreational facilities, including family swimming pool, tennis courts, paddle courts, subject to § 220-13.
(2) 
Recreational equipment shall be deemed to be such as does not have any structure and being movable.
(3) 
Other accessory uses.
(4) 
No residence building shall be rented to or occupied by more than two unrelated persons.
(5) 
A wind energy conservation system is not a permitted accessory use in any residential zone.
[Added 4-23-2003 by Ord. No. 613]
C. 
Drainage control in the R-A, R-AA, R-1 and R-R Zone Districts. Because of the slope and rocky soil condition of the land in the R-A, R-AA, R-1 and R-R Zone Districts, and the liability caused thereby of serious flooding, erosion and sedimentation when new buildings are constructed unless special remedial and protective measures are taken, the submission of a drainage plan and plan for control of erosion and sedimentation and a stormwater management system prepared by a design engineer in accordance with the provisions of N.J.A.C. 5:21-7, et seq. shall be submitted to the Building Inspector with each application for a building permit for a new construction or addition to existing buildings. Such plans shall be reviewed by the Borough Engineer and approved only if adequate provisions are found to be made to accommodate a fifty-year design storm.
[Amended by Ord. No. 272; Ord. No. 278; 4-25-2001 by Ord. No. 587]
D. 
Illumination of tennis courts, basketball courts, platform tennis courts and similar areas of recreation.
[Amended by Ord. No. 276; Ord. No. 408]
(1) 
Lighting standards. Lighting fixtures for tennis courts and similar areas of recreation must comply with the following regulations:
(a) 
Height. Light standards inclusive of fixtures shall not exceed 25 feet in height above ground level, nor shall any light fixture be installed more than 25 feet above ground level.
(b) 
Glare.
[1] 
"Glare" is the sensation produced by brightness within the visual field that is sufficiently greater than the illumination to which the eyes are adapted to cause annoyance, discomfort or loss in visual performance and visibility. "Direct glare" is a glare resulting from insufficiently shielded light sources in the field of view. No direct glare shall be permitted. If required, the lights shall be shielded by louvers, baffles or visors to restrict the maximum apex angle of the cone of illumination to 135º. The upper apex of the apex angle shall not exceed 75º from the horizontal. Shielding on one side of the light may also be required.
[2] 
At any point on any adjoining property the total direct and indirect glare measured at a height of three feet above ground level shall not exceed 0.2 of a footcandle over the combined illumination of all other lighting on the premises and lighting from any natural light source. The readings shall be made with a direct reading, portable light meter held toward the source of light which meter shall have been tested and calibrated by an independent commercial photometric laboratory or the manufacturer of such meters within one year prior to the date of use as attested by a certificate issued by such laboratory or manufacturer.
(c) 
Setback. Lighting fixtures must comply with the setback requirements for accessory buildings, as set forth in § 220-13F.
(d) 
Hours. Lighting of a tennis court, basketball court, platform tennis court or similar area of recreation is prohibited between 10:00 p.m. and 7:00 a.m. the next day, local time, except on Friday and Saturday when such lighting shall be prohibited from 11:00 p.m. to 7:00 a.m. the next day, local time.
(2) 
Application requirements.
(a) 
To whom made. All applications for lighting of tennis courts, basketball courts, platform tennis courts and similar areas of recreation must be made to the Zoning Officer.
(b) 
Fees and deposits. Any person making an application shall pay a nonreturnable fee of $200 accompanying such application. In addition, the application shall be accompanied by a deposit of $2,000 to cover the cost of review services provided by the Borough Engineer, planning consultant, Borough Attorney, Zoning Board of Adjustment attorney and other Borough personnel, the publication of notices and other required expenses. The Borough Clerk shall place the deposit in a trust account in the name of the applicant and shall charge thereto all disbursements to professional consultants and Borough personnel for review services. Any unused portion of the deposit shall be returned to the applicant. If the cost of review services exceeds the amount of deposit, sufficient additional funds shall be deposited before any final approved plan is returned to the applicant.
(c) 
Lighting plan. The application shall be accompanied by a lighting plan duly certified by a licensed engineer which sets forth the location and height of the lighting fixtures, and footcandles on adjoining properties at three-foot heights, the location of the measurement of the footcandles and the calculations utilized for the measurement of the footcandles.
(d) 
Review by Zoning Officer. The Zoning Officer of the Borough shall review the application, make the necessary inspections and may retain an expert to assist the Zoning Officer in making a determination as to compliance with all the requirements of this subsection.
(3) 
Permits. The Zoning Officer shall issue a building permit when all fees have been paid or deposited and the plans and intended uses indicate that the designed improvements will conform to all of the requirements of this subsection. No certificate of occupancy shall be issued until all improvements have been constructed and installed in complete compliance with this subsection.
E. 
Conditional uses. Houses of worship in the R-A, R-AA, R-1, R-2, R-2A and R-2B Residence Zones, subject to the provision of § 220-10.
[Amended by Ord. No. 501]

§ 220-6 Residence-Recreational Zones.

A. 
Permitted uses. Within any R-R Zone no building or lot shall be used for any purpose except the following:
[Amended by Ord. No. 184; Ord. No. 189]
(1) 
Any use permitted in an R-A Zone as provided in § 220-5A, provided, however, that where property in an R-R Zone is used for residential purposes the requirements of the Limiting Schedule in § 220-3C applicable to R-A Zones shall apply in such cases.
(2) 
Annual or permanent private membership golf clubs having no more than 450 members in all classifications and incorporated pursuant to the provisions of the Revised Statutes of New Jersey, catering primarily to members and their guests subject to the following provisions and requirements:
(a) 
Facilities and uses. Such clubs may provide facilities as parks, golf courses, playgrounds, tennis courts and swimming pools; and auxiliary buildings, restaurants, bars and similar facilities accessory thereto. No golf club may permit as part of its activities bowling, shooting, horseback riding, roller skating, ice skating on artificially created ice or any other sport not specified herein, except that nothing contained herein shall be deemed to prohibit a club from permitting the carrying on of the activities of croquet, deck tennis, badminton, ice skating on naturally formed ice and indoor table games. The outdoor tennis courts and golf facilities may be used only during the period commencing at one hour after sunrise and terminating at one hour after sunset. No artificial lighting shall be used on the golf course.
(b) 
Location. All buildings and facilities shall be located and constructed in accordance with the following provisions: the minimum size of the plot shall be 100 acres. No principal building, principal structure or swimming pool shall be located nearer than 200 feet to any adjacent residential property or park area, whether within or without the Borough, other than the property on which the principal building, principal structure or swimming pool are to be located; nor shall the same be located nearer than 100 feet to any public street or boundary line; and no tee, green or fairway boundary line shall be located nearer than 100 feet to any public street or boundary line without application being made in either case to the Board of Adjustment of the Borough in accordance with the statutes in such cases made and provided, for a special exception from the provisions of this section. In the event the Board of Adjustment finds, after public hearing, that the location of any such principal building, principal structure, or swimming pool nearer than the dimensions of this chapter shall not adversely affect the intent and purpose of the zone plan and zoning ordinance of the Borough, then and in such case, the Board shall recommend to the Mayor and Council of the Borough that the application be granted, and the Mayor and Council of the Borough shall have the power to grant such a special exception upon a specific finding by it, that the granting of such special exception will not adversely affect the intent and purpose of the zone plan and zoning ordinance of the Borough, nor will the granting of such special exception and approval thereof interfere with the quiet enjoyment of the adjacent properties in the affected area.
B. 
Special uses.
[Amended by Ord. No. 184; Ord. No. 186]
(1) 
Entertainment activities. Nothing contained in this chapter shall be deemed to prohibit a golf club from conducting outdoor entertainment activities on its premises for members and their guests. When any entertainment activities, whether indoor or outdoor, permit attendance by persons other than members and their guests, no activity shall be held unless and until notification by registered or certified mail, signed receipt, shall first be given to the Chief of Police that the activity is to be conducted, giving to the Chief the date when the activity shall take place, the time, and the estimated number of persons expected to attend. Upon receipt of such notification, the Chief of Police shall immediately notify the Mayor and Council of the anticipated affair and the Mayor and Council shall then grant approval for the holding of same, provided it finds that holding the affair will not result in any excessive traffic problems, nor will it interfere with the peace and quiet of property owners in the area adjacent to or contiguous to the club. In the event the club is not notified within 10 days after it has furnished the required notification to the Chief of Police of its intention to hold an affair that its application has been disapproved, its application to hold the affair shall be deemed to be approved. In the event the Mayor and Council do not approve the application, then notification shall be given to the club setting forth the reasons for disapproval and the affair may not be held unless and until the objections set forth in the reasons for disapproval shall have been eliminated.
(2) 
Noise in connection with club activities. The conduct of any activity at any club which results in the emission of loud noises that constitute a nuisance is expressly prohibited. Noise is deemed to constitute a nuisance within this provision when the noise level as measured at any point at a distance of 50 feet from the exterior limits of the property exceeds 60 decibels above the reference level. The reference level for noise measurement shall be the American Standards Association standard sound pressure reference level of 0.0002 dyne per square centimeter at 1,000 cycles. Instrumentation and methods for the measurement of noise shall be in accordance with the standards, set by the American Standards Association.
(3) 
Exterior lighting. All exterior lighting shall not cause unnecessary glare or interfere with the health and comfort of any adjacent or contiguous property owners. Exterior lighting other than that essential for the safety and convenience of the users of the premises shall not be maintained without permission first being obtained from the Mayor and Council. In considering applications for lighting, permission may be granted upon the finding that the lighting will not cause unnecessary glare or interfere with the health and comfort of any adjacent or contiguous property owners. All lighting on the site shall be so shielded that the source thereof will not be visible from outside the site and so that there will be no objectionable glare therefrom observable from outside the site.
(4) 
Nonmember use. A club may be permitted to extend the use of its facilities to civic, municipal, community and charitable groups. Whenever any group shall desire to use the facilities of the club, the club shall notify the Chief of Police of its intended use setting forth in such notification the date or dates when it is proposed to use the club, the type of affair to be held and the number of persons anticipated to be present in connection with the affair.
(5) 
Signs. No signs shall be permitted other than two identification or directional signs with an area of not more than 12 square feet and not to exceed a height of eight feet above ground level and each affixed to the entrance gate or wall, provided that the same first be approved by the Mayor and Council. No such approval shall be given unless the Mayor and Council find that the signs in question will not adversely affect the surrounding area nor detract therefrom.
(6) 
Procedure. None of the uses permitted in this section shall be established or installed, nor shall any construction work be undertaken in connection therewith, until written application and plans have first been submitted to the Planning Board for its examination. The Planning Board shall apply the same practice and standards as provided for in Chapter 195, Subdivision of Land, and for a major subdivision, including, but not limited to, design and layout of buildings, entrance roads, provisions for drainage and sewerage, parking facilities and such other matters as the Planning Board may deem necessary or advisable for the proper development of the district. The Planning Board shall hold a public hearing on any application within 30 days from the date of such application and shall then transmit its formal findings and recommendations to the Mayor and Council for their actions. In the event of an unfavorable recommendation, the applicant shall have the right within 30 days from the date of such unfavorable recommendation to appeal to the Mayor and Council.
(7) 
Subsequent changes. After such approval has been granted, no material changes, alterations or additions to any structures or improvements on the property involved shall be permitted without their first having been approved in the same manner as aforesaid.
(8) 
Sleeping accommodations. Nothing contained in this chapter shall be deemed to prohibit any golf club from having therein sleeping accommodations for its members and guests as transients only and not as permanent occupants (permanent occupancy being expressly prohibited), provided, however, that no more than 60 rooms, single or double, having no cooking facilities whatsoever, may be maintained on the property for members and their guests, and no more than 10 rooms, having no cooking facilities, may be maintained therein for employees of the club, without application first being made for special exception from the provisions of this section to the Zoning Board of Adjustment of the Borough in accordance with the statutes in such cases made and provided. If, after public hearing, the Zoning Board of Adjustment, upon the application for a special exception from the provisions of this section, shall find that the granting of a special exception will not substantially impair the intent and purpose of the zone plan and zoning ordinance of the Borough, it shall thereupon recommend to the Mayor and Council that such special exception be granted and the Mayor and Council shall have the power to grant such special exception upon finding by it that the granting of such special exception will not substantially impair the zone plan and zoning ordinance, nor will the granting of such special exception interfere with the quiet enjoyment of the adjacent properties in the affected area. Any clubhouse or structure containing sleeping accommodations erected in connection with a golf course located in an R-R District shall be wholly within the confines of the Borough.
(9) 
Sewerage charges. If, in connection with the construction of a golf clubhouse or any other facilities, it becomes necessary to tie-in to the sewerage system of any adjacent municipality and permission for such a tie-in is obtained, it shall be the obligation of the operator of the golf club to pay any and all tie-in charges and any and all service charges of any kind, nature or description whatsoever which may be imposed by the adjacent municipality. In the event such charges shall be made to the Borough the operator of the golf club shall pay, in addition to the annual taxes to be assessed against such club, the cost of all tie-in and/or service charges.
(10) 
Other provisions. All operations of or at any golf club shall be so conducted that the same will not cause or result in any of the following at any time:
(a) 
Dissemination of noise other than of types that are normal to a residential neighborhood, vibration or electronic interference beyond the boundaries of the site of such establishment.
(b) 
Dissemination of odor, dust, smoke, observable gas or fumes or other atmospheric pollutant.
(c) 
Hazard of fire, explosion or any similar physical hazard.
C. 
Conditional uses. Houses of worship in the R-R Residence-Recreational Zone, subject to the provisions of § 220-10.
[Amended by Ord. No. 501]

§ 220-7 R-4 Residential Zone.

[Amended by Ord. No. 416]
A. 
Permitted uses. In the R-4 Zone, no building or lot shall be used for any purpose except as set forth in § 220-5A.
[Amended by Ord. No. 434; Ord. No. 450; Ord. No. 473]
B. 
Parking requirements.
(1) 
For residential dwellings. A minimum of two parking spaces for each dwelling unit shall be required.
(2) 
Off-street parking. Off-street parking shall be set back a minimum of 25 feet from the Closter Dock Road right-of-way.

§ 220-8 P Public Zone.

[Amended by Ord. No. 292; Ord. No. 380]
The zone shall apply to lands owned and used for public purposes on a permanent basis by municipal, county and state governments and agencies. No specific requirements are established in this section as to height and bulk of buildings and related requirements, but any development plan shall be submitted to the Planning Board for an advisory review. The design standards and such site improvements as are related to Borough facilities are as provided in Chapter 179, Site Plan Review.

§ 220-9 B Buffer Zone.

[Amended by Ord. No. 513]
A. 
Permitted uses.
(1) 
Public or private natural conservation areas.
B. 
Location and setback. The B Buffer Zone will extend along the length of Route 9W in the Borough of Alpine, as indicated on the Zoning Map. The B Zone shall extend 200 feet to the west of the westerly right-of-way limit of Route 9W.
C. 
Access. Reverse frontage with no vehicular access to Route 9W shall be used to the maximum extent possible, subject to Board of Adjustment approval. Any access driveway that is provided shall be limited to the minimum disturbance of the buffer zone.
D. 
Landscaping. In areas where land is still in its natural state within the buffer, the area shall be left in its natural state, except as otherwise noted in Subsection E. Where the Board of Adjustment determines that landscaping is to be provided, plantings shall be provided to form an effective year-round visual and noise screen within the buffer zone.
E. 
Development and utilities. The buffer zone may only be used for public or private natural conservation areas except for the purposes of installing utility connections subject to a finding by the Board of Adjustment that the disturbance to buffer zone is minimized to the extent practicable. The Board of Adjustment shall determine that if landscaping is to be provided in conjunction with a utility connection, the plantings shall be provided to form an effective year-round visual and noise screen within the buffer zone.
F. 
Calculation of bulk requirements. In the event that a property is partly located in the B Buffer Zone and partly in any R Zone District, then that portion of the property located in the B Buffer Zone shall be used for the purpose of computing coverage, rear yard and other bulk requirements referred to in this chapter for purposes of compliance with the appropriate R Zone District requirements.

§ 220-10 Houses of worship.

[Amended by Ord. No. 501]
A. 
Permitted in certain zones. Houses of worship shall be permitted as a conditional use in the following zone districts: R-A, R-AA, R-1, R-2, R-2A and R-2B Residence Zones; R-R Residence-Recreational Zone.
B. 
Traffic access. In order to provide for adequate traffic flow and safety, access for all houses of worship shall only be provided from the following streets:
Route 9W (Palisades Boulevard)
C. 
Bulk regulations. Houses of worship shall comply with the following schedule of bulk regulations:
Minimum lot area
5 acres
Minimum lot width
450 feet
Minimum lot depth
450 feet
Minimum front yard
200 feet
Minimum side yard
100 feet each
200 feet both
Minimum rear yard
200 feet
Maximum building height
35 feet (2 1/2 stories)
Maximum building coverage
10%
Maximum impervious coverage
25%
D. 
Buffer strip. A buffer strip of 100 feet in width shall be required in any yard abutting a residential use or a lot used for residential purposes.
(1) 
Such buffer area shall be planted in at least two rows of evergreen trees at a minimum height of eight feet to 10 feet in a staggered fashion so that the trees in one row will be placed in a position so as to obstruct vision between the trees in the other row. Whenever there are existing wooded areas within said buffer area, the Board may, in its discretion, waive the requirement for said planting of evergreen trees. Any additional plantings shall avoid disturbance of any existing vegetation on the project site.
(2) 
The buffer strip, once installed, shall be properly maintained so that there will be continuance of the landscaping elements originally required.
E. 
Accessory uses. Permitted accessory uses to be located within the principal building shall include only storage areas. Accessory structures shall not be permitted.
F. 
Signs. Each house of worship shall be permitted one sign not to exceed 12 square feet in area plus customary traffic directional signs, as needed and limited to standard traffic moving instructions such as "stop," "do not enter," "one-way," etc.
G. 
Lighting. Any outdoor illumination or lighting of houses of worship or accessory parking or recreation areas shall be subject to Board approval in order to protect adjoining residences from excessive glare.
H. 
Off-street parking. Off-street parking shall be provided in accordance with the provisions contained in § 220-17C(5).
I. 
Residential use. No person shall reside on the lot where the house of worship use is located.

§ 220-11 Fair housing. [1]

[Added 7-22-1996 by Ord. No. 525]
This section of the Alpine Code sets forth regulations regarding low- and moderate-income housing units in Alpine that are consistent with the provisions of N.J.A.C. 5:93 et seq. as effective on June 6, 1994. These rules are pursuant to the Fair Housing Act of 1985 and Alpine's constitutional obligation to provide for its fair share of low- and moderate-income housing.
A. 
Alpine's new construction or inclusionary component will be divided equally between low- and moderate-income households as per N.J.A.C. 5:93-2.20.
B. 
Except for inclusionary developments constructed pursuant to low-income tax credit regulations:
(1) 
At least 1/2 of all units within inclusionary development will be affordable to low-income households;
(2) 
At least 1/2 of all rental units will be affordable to low-income households; and
(3) 
At least 1/3 of all units in each bedroom distribution pursuant to N.J.A.C. 5:93-7.3 will be affordable to low-income households.
C. 
Inclusionary developments that are not restricted to senior citizens will be structured in conjunction with realistic market demands so that:
(1) 
The combination of efficiency and one-bedroom units is at least 10% and no greater than 20% of the total low- and moderate-income units; and
(2) 
At least 30% of all low- and moderate-income housing units are two-bedroom units; and
(3) 
At least 20% of all low- and moderate-income units are three-bedroom units; and
(4) 
Low- and moderate-income units restricted to senior citizens may utilize a modified bedroom distribution. At a minimum, the number of bedrooms will equal the number of senior citizen low- and moderate-income units within inclusionary development.
D. 
In conjunction with realistic market information, the following criteria will be used in determining maximum rents and sale prices:
(1) 
Efficiency units will be affordable to one-person households; and
(2) 
One-half of all one-bedroom units will be affordable to one-person households and 1/2 of all one-bedroom units will be affordable to two-person households; and
(3) 
One-half of all two-bedroom units will be affordable to two-person households and 1/2 of all two-bedroom units will be affordable to three-person households; and
(4) 
One-half of all three-bedroom units will be affordable to four-person households and 1/2 of all three-bedroom units will be affordable to five-person households; and
(5) 
Median income by household size will be established by a regional weighted average of the uncapped Section 8 income limits published by HUD as per N.J.A.C. 5:93-7.4(b); and
(6) 
The maximum average rent and price of low- and moderate-income units within each inclusionary development will be affordable to households earning 57.5% of median income; and
(7) 
Moderate income sales units will be available for at least three different prices and low-income units will be available for at least two different prices; and
(8) 
For both owner-occupied and rental units, the low- and moderate-income units will utilize the same heating source as market units within an inclusionary development; and
(9) 
Low-income units will be reserved for households with a gross household income less than or equal to 50% of the median income approved by COAH; moderate-income units will be reserved for households with a gross household income less than 80% of the median income approved by COAH as per N.J.A.C. 5:93-9.16; and
(10) 
The regulations outlined in N.J.A.C. 5:93-9.16; and
E. 
For rental units, developers and/or municipal sponsors may:
(1) 
Establish one rent for a low-income unit and one for a moderate-income unit for each bedroom distribution; and
(2) 
Gross rents, including an allowance for utilities, will be established so as not to exceed 30% of the gross monthly income of the appropriate household size as per N.J.A.C. 5:93-7.4(a). The tenant-paid utility allowance will be consistent with the utility allowance approved by HUD for use in New Jersey.
F. 
For sale units:
(1) 
The initial price of a low- and moderate-income owner-occupied, single-family housing unit will be established so that after a downpayment of 5%, the monthly principal, interest, homeowners' insurance, property taxes (based on the restricted value of the low- and moderate-income unit) and condominiums or homeowner fee do not exceed 28% of the eligible gross monthly income; and
(2) 
Master deeds of inclusionary developments will regulate condominium or homeowner association fees or special assessments of low- and moderate-income purchasers at 1/3 of that paid by market purchasers. This 1/3 percentage is consistent with the requirement of N.J.A.C. 5:93-7.4(e). Once established within the master deed, the percentage will not be amended without prior approval from COAH; and
(3) 
The Borough of Alpine will follow the general provisions concerning uniform deed restriction liens and enforcement through certificates of occupancy or reoccupancy on sale units as per N.J.A.C. 5:93-9.3; and
(4) 
Alpine will require a certificate of reoccupancy for any occupancy of a low- and moderate-income sales unit resulting from a resale as per N.J.A.C. 5:93-93(c); and
(5) 
Municipal, state, nonprofit and seller options regarding sale units will be consistent with N.J.A.C. 5:93-9.5 to 9.8. Municipal rejection of repayment option for sale units will be consistent with N.J.A.C. 5:93-9.9; and
(6) 
The continued application of option to create, rehabilitate or maintain low- and moderate-income sale units will be consistent with N.J.A.C. 5:93-9.10; and
(7) 
Eligible capital improvements prior to the expiration of controls on sale units will be consistent with N.J.A.C. 5:93-9.11; and
(8) 
The regulations detailed in N.J.A.C. 5:93-9.12 to 9.14 will be applicable to low- and moderate-income units that are for sale units.
G. 
In zoning for inclusionary developments the following is required:
(1) 
Low- and moderate-income units will be built in accordance with N.J.A.C. 15:93-5.6(d):
Minimum of Low-/Moderate-Income Units Completed
Percentage of Market Housing Units Completed
0
25%
10
25% + 1 unit
50
50%
75
75%
100
90%
____
100%
(2) 
A design of inclusionary developments that integrates low- and moderate-income units with market units is encouraged as per N.J.A.C. 5:93-5.6(e).
H. 
To provide assurance that low- and moderate-income units are created with controls on affordability over time and that low- and moderate-income households occupy these units.
(1) 
In addition, the administrative or municipal authority will be responsible for utilizing the verification and certification procedures outlined in N.J.A.C. 5:93-9.1(b) in placing households in low- and moderate-income units; and
(2) 
Newly constructed low- and moderate-income sales units will remain affordable to low- and moderate-income households for at least 30 years. The administrative or municipal authority will require all conveyances of newly constructed units to contain the deed restriction and mortgage lien adopted by COAH and referred to as Appendix E as found in N.J.A.C. 5:93; and
(3) 
Housing units created through the conversion of a nonresidential structure will be considered a new housing unit and will be subject to thirty-year controls on affordability. The administrative agency or municipal authority will require an appropriate deed restriction and mortgage lien subject to COAH's approval.
I. 
Regarding rehabilitated units:
(1) 
Rehabilitated owner-occupied single-family housing units that are improved to code standard will be subject to affordability controls for at least six years; and
(2) 
Rehabilitated renter-occupied housing units that are improved to code standard will be subject to affordability controls for at least 10 years; and
J. 
Regarding rental units:
(1) 
Newly constructed low- and moderate-income rental units will remain affordable to low- and moderate-income households for at least 30 years. The administrative agency or municipal authority will require an appropriate deed restriction and mortgage lien subject to COAH's approval;
(2) 
Affordability controls in accessory apartments will be for a period of at least 10 years, except if the apartment is to receive a rental bonus credit pursuant to N.J.A.C. 5:93-5.13, then the controls on affordability will extend for 30 years; and
(3) 
Alternative living arrangement will be controlled in a manner suitable to COAH, that provides assurance that such a facility will house low- and moderate-income households for at least 10 years; except that, if the alternative living arrangement is to receive a rental bonus credit pursuant to N.J.A.C. 5:93-5.13, then the controls on affordability will extend for 30 years.
K. 
Section 14(b) of the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., incorporates the need to eliminate unnecessary costs generating features from Alpine's land use ordinance. Accordingly, Alpine will eliminate development standards that are not essential to protect the public welfare and to expedite or fast-track municipal approvals/denials on inclusionary development applications. The Borough of Alpine will adhere to the components of N.J.A.C. 5:93-10.1 to 10.3.
L. 
The Borough of Alpine has a fair share obligation of 32 units to be satisfied by 16 units to be developed by a Regional Contribution Adjustment with the balance of 16 units to be satisfied by the Borough constructing eight low and moderate rental units, not aged restricted.
[Amended 12-20-2000 by Ord. No. 581]
(1) 
The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of sex, age or numbers of children, to housing units which are being marketed by a developer/sponsor, municipality and/or designated administrative agency of affordable housing. The plan will address the requirements of N.J.A.C. 5:93-11. In addition, the plan prohibits discrimination in the sale, rental, financing or other services related to housing on the basis of race, color, sex, religion, handicap, age, familial status/size or national origin. The Borough of Alpine is in the housing region consisting of Bergen, Passaic, Hudson and Sussex Counties. The affirmative marketing program is a continuing program and will meet the following requirements: All newspaper articles, announcements and requests for applications for low- and moderate-income units will appear in the following newspapers and publications: The Record.
(2) 
The primary marketing will take the form of at least one press release sent to the above publications and a paid display advertisement in each of the above newspapers. Additional advertising and publicity will be on an "as needed" basis.
(3) 
The advertisement will include a description of the street address of units, direction to housing units, number of bedrooms per unit, range of prices/rents, size of units, income information, and location of applications including business hours and where/how applications may be obtained.
(4) 
All newspaper articles, announcements and requests for applications for low- and moderate-income housing will appear in publications such as neighborhood-oriented weekly newspapers, religious publications and organizational newsletters within the region. Regional radio and/or cable television station(s) will also be used.
(5) 
The following is the location of applications, brochure(s), sign(s) and/or poster(s) used as part of the affirmative marketing program including specific employment centers within the region: Posting of notices in the Borough Hall, and delivery of notices to the municipal clerks of all municipalities in the region.
(6) 
The following is a listing of community contact persons and/or organizations in Alpine that will administer the program and will aid in the affirmative marketing program with particular emphasis on contacts that reach out to groups that are least likely to apply for housing within the region: land use administrator, county housing office and houses of worship.
(7) 
Quarterly flyers and applications will be sent to each of the following agencies for publication in their journals and for circulation among their members: Board of Realtors in Bergen, Hudson, Passaic and Sussex counties.
(8) 
Applications will be mailed to prospective applicants upon request.
(9) 
Additionally, quarterly informational circulars and applications will be sent to the chief administrative employees of each of the following agencies in the counties within Alpine's region: welfare or social service board, rental assistance office (local office of DCA), Office on Aging, libraries and housing agency authority in each of the counties within Alpine's housing region.
(10) 
A random selection method will be used to select occupants of low- and moderate-income housing.
(11) 
The land use administrator shall administer the affirmative marketing program. The land use administrator has the responsibility to income qualify low- and moderate-income households; to place income eligible households in low- and moderate-income units upon initial occupancy; to provide for the initial occupancy of low- and moderate-income units with income qualified households; to continue to qualify households for reoccupancy of units as they become vacant during the period of affordability controls; to assist with advertising and outreach to low- and moderate-income households; and to enforce the terms of the deed restriction and mortgage loan as per N.J.A.C. 5:93-9.1.
(12) 
Households who live or work in the COAH established housing region may be given preference for sales and rental units constructed within that housing region. Applicants living outside the housing region will have an equal opportunity for units after regional applicants have been initially serviced. The Borough of Alpine intends to comply with N.J.A.C. 5:93-11.7.
(13) 
All developers of low- and moderate-income housing units will be required to assist in the marketing of the affordable units in their respective developments.
(14) 
The marketing program will commence at least 120 days before the issuance of either temporary or permanent certificates of occupancy. The marketing program will continue until all low- and moderate-income housing units are initially occupied and for as long as affordable units are deed restricted and occupancy or reoccupancy of units continues to be necessary.
(15) 
The land use administrator will comply with monitoring and reporting requirements as per N.J.A.C. 6:93-11.6 and 12.1.
[1]
Editor's Note: See also § 220-21, Affordable housing administration.

§ 220-12 Wireless telecommunication facilities.

[Added 12-17-1997 by Ord. No. 538; amended 5-26-1999 by Ord. No. 553; 6-27-2007 by Ord. No. 678]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ALPINE COMMUNITY
The Borough of Alpine, in the County of Bergen, and State of New Jersey.
ANTENNA
A system of electrical conductors that transmit or receive radio frequency signals for wireless communications.
ANTENNA SUPPORT STRUCTURE
A structure other than a telecommunications tower which is attached to a building and on which one or more antennas are located.
COLLOCATION
Use of a common WTF or a common site by two or more wireless license holders or by one wireless license holder for more than one type of communications technology and/or placement of a WTF on a structure owned or operated by a utility or other public entity.
TELECOMMUNICATIONS TOWER
A freestanding structure on which one or more antennas are located, including lattice towers, guyed towers, monopoles and similar structures.
WIRELESS COMMUNICATIONS
Any wireless services as defined in the Federal Telecommunications Act of 1996 (FTA) which includes FCC licensed commercial wireless telecommunications services including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may in the future be developed. It does not include any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennas, nor does it include noncellular telephone service.
WIRELESS TELECOMMUNICATIONS EQUIPMENT FACILITIES (WTEF)
Accessory facilities serving and subordinate in area, extent and purpose to, and on the same lot as, a telecommunications tower or antenna location. Such facilities include, but are not limited to, transmission equipment, storage sheds, storage buildings, and security fencing.
WIRELESS TELECOMMUNICATIONS FACILITIES (WTF)
Facilities for the provision of wireless communications services, including, but not limited to, antennas, antenna support structure, telecommunications towers, and related facilities other than WTEFs.
B. 
Purpose and goals. The purpose of this section is to provide sound land use policies, procedures and regulations for personal wireless telecommunications facilities to protect the Alpine community from the visual or other adverse impacts of these facilities, while encouraging their unobtrusive development to provide comprehensive wireless telecommunications services in the Alpine community with its benefits to residents and businesses. The section expresses a preference that antennas be located on existing buildings and towers, preferably on municipal or other public property, and not on newly constructed telecommunications towers; and encourages collocation and site sharing of new and existing WTFs.
C. 
Conditional use standards. All WTFs and WTEFs shall be located to minimize visual impacts on the surrounding area in accordance with the following standards. In applying these standards, locations in a higher priority category under Subsection D shall be deemed more acceptable than lower priority sites.
(1) 
General.
(a) 
Sites for WTFs and WTEFs must demonstrate that they provide the least visual impact on residential areas and public way. All potential visual impacts must be analyzed to illustrate that the selected site provides the best opportunity to minimize the visual impact of the proposed facility.
(b) 
WTEFs should be located to avoid being visually solitary or prominent when viewed from residential areas and the public way. The facility should be obscured by vegetation, tree cover, topographic features and/or other structures to the maximum extent feasible.
(c) 
WTFs and WTEFs shall be placed to ensure that historically significant viewscapes, streetscapes, and landscapes are protected. The views of and vistas from architecturally and/or significant structures should not be impaired or diminished by the placement of telecommunication facilities.
(2) 
Height standards. Where permitted, WTFs may exceed the maximum building height limitations, provided the height has the least visual impact and is no greater than required to achieve service area requirements and potential collocation, when visually appropriate. WTEFs are limited to 12 feet in height.
(3) 
Setback standards.
(a) 
All WTFs and WTEFs shall be subject to the minimum yard requirements of the zoning district in which they are located, provided the minimum setback may be increased where necessary to address safety concerns.
(b) 
If WTEFs are located on the roof of a building, the area of the WTEFs and other equipment and structures shall not occupy more than 25% of the roof area.
(4) 
Fencing and other safety devices. WTFs and WTEFs shall be surrounded by a security features such as a fence. All towers shall be designed with anticlimbing devices in order to prevent unauthorized access. Additional safety devices shall be permitted or required, as needed, and as approved by the Planning Board.
(5) 
Landscaping. Landscaping shall be provided along the perimeter of the security fence to provide a visual screen or buffer for adjoining private properties and the public right-of-way. Required front yard setback areas shall be landscaped. All WTEFs shall be screened by an evergreen hedge eight to 10 feet in height at planting time and/or a solid fence eight feet in height.
(6) 
Activity and access. All equipment shall be designed and automated to the greatest extent possible in order to reduce the need for on-site maintenance and thereby to minimize the need for vehicular trips to and from the site. Access shall be from established site access points whenever possible. Minimal off-street parking shall be permitted as needed and as approved by the Planning Board.
(7) 
Dish antennas. Dish antennas shall be colored, camouflaged or screened to make them as unobtrusive as possible, and in no case shall the diameter of a dish antenna exceed six feet.
(8) 
Lighting. No lighting is permitted except as follows:
(a) 
WTEFs enclosing electronic equipment may have security and safety lighting at the entrance, provided that the light is attached to the facility, is focused downward and is on timing devices and/or sensors so that the light is turned off when not needed for safety or security purposes; and
(b) 
No lighting is permitted on a WTF except lighting that specifically is required by the Federal Aviation Administration (FAA), and any such required lighting shall be focused and shielded to the greatest extent possible so as not to project towards adjacent and nearby properties.
D. 
Locational priority. If needed in accordance with an overall comprehensive plan for the provision of full wireless communications service within the Borough of Alpine, WTFs and WTEFs shall be permitted as a conditional use at the following prioritized locations:
(1) 
The first priority location in all zones shall be on lands or structures owned by the Borough of Alpine;
(2) 
The second priority location shall be collocation on existing WTFs (or existing water tanks) provided that the new installation does not increase the height by more than 10%; and
(3) 
The third priority location shall be such locations as the applicant proves are essential to provide required service to the Alpine community.
E. 
Site design standards. The following design standards shall apply to WTFs and WTEFs installed or constructed pursuant to the terms of this section:
(1) 
Collocation. Ordinance limitations on the number of structures on a lot shall not apply when WTFs and WTEFs are located on a lot with buildings or structures already on it. See also Subsection F.
(2) 
Signs. Signs shall not be permitted except for signs displaying owner contact information, warnings, equipment information, and safety instructions. Such signs shall not exceed two square feet in area. No commercial advertising shall be permitted on any WTF or WTF.
(3) 
Color. WTFs shall be of a color appropriate to the tower's locational context and to make it as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA).
(4) 
Monopole. Any proposed new WTF tower shall be a monopole unless the applicant can demonstrate that a different type pole is necessary for the collocation of additional antennas on the tower. Such towers may employ camouflage technology.
(5) 
Noise. No equipment shall be operated so as to produce noise in excess of the limits set by the local noise ordinance,[1] except for in emergency situations requiring the use of a backup generator.
[1]
Editor's Note: See Ch. 153, Noise.
(6) 
Radio frequency emissions. The FTT gives the FCC sole jurisdiction of the field of regulation of radio frequency (RF) emission, and WTFs which meet the FCC standards shall not be conditioned or denied on the basis of RF impacts. Applicants shall provide current FCC information concerning WTFs and radio frequency emission standards. WTFs shall be required to provide information on the projected power density of the proposed facility and how this meets the FCC standards.
(7) 
Structural integrity. WTFs must be constructed to the Electronic Industries Association Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended.
(8) 
Maintenance. WTFs shall be maintained to assure their continued structural integrity. The owner of the WTF shall also perform such other maintenance of the structure and of the site as to assure that it does not create a visual nuisance.
F. 
Collocation policy.
(1) 
The Municipal Engineer shall maintain an inventory of existing WTFs location within or near the Alpine community.
(2) 
An applicant proposing a WTF at a new location shall demonstrate that it made a reasonable attempt to find a collocation site acceptable to engineering standards and that none was practically or economically feasible.
(3) 
Each application for a WTF shall be accompanied by a plan which shall reference all existing WTF locations in the applicant's Alpine community inventory, any such facilities in the abutting towns which provide service to areas within the Alpine community, any changes proposed within the following twelve-month period, including plans for new locations and the discontinuance or relocation of existing facilities.
(4) 
Each application shall include a site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs, and the reason why the subject site was chosen. The analysis shall address the following issues:
(a) 
How the proposed location of the WTF relates to the objective of providing full wireless communication services within the Alpine community at the time full service is provided by the applicant throughout the Alpine community;
(b) 
How the proposed location of the proposed WTF relates to the location of any existing antennas within and near the Alpine community;
(c) 
How the proposed location of the proposed WTF relates to the anticipated need for additional antennas within and near Alpine community by the applicant and by other providers of wireless communication services within the Alpine community;
(d) 
How the proposed location of the proposed WTF relates to the objective of collocating the antennas of many different providers of wireless communication services on the same WTF; and
(e) 
How its plan specifically relates to and is coordinated with the needs of all other providers of wireless communication services within the Alpine community.
(5) 
The Planning Board may retain technical consultants as it deems necessary to provide assistance in the review of the site location alternatives analysis. The service provider shall bear the reasonable cost associated with such consultation, which cost shall be deposited in accordance with Alpine's escrow provisions.
G. 
Removal of abandoned WTFs. Any WTF that is not operated for a continuous period of 12 months shall be considered abandoned. If there are two or more users of a single WTF, then the abandonment shall not become effective until all users cease using the WTF for a continuous period of 12 months. The owner of such WTF shall remove same within 90 days of notice from the Zoning Officer that the WTF is abandoned. If such WTF is not removed within said 90 days, the municipality may remove such WTF at the owner's expense. If the facility is to be retained, the provider(s) shall establish that the facility will be reused within one year of such discontinuance. If a facility is not reused within one year, a demolition permit shall be obtained and the facility removed. At the discretion of the Zoning Officer, upon good cause shown, the one-year reuse period may be extended for a period not to exceed one additional year.
H. 
Nonconforming WTFs. WTFs in existence on the date of the adoption of this section, which do not comply with the requirements of this section (nonconforming WTFs), are subject to the following provisions.
(1) 
Nonconforming WTFs may continue in use for the purpose now used, but may not be expanded without complying with this section.
(2) 
Nonconforming WTFs which are partially damaged or destroyed due to any reason or cause may be repaired and restored to their former use, location and physical dimensions subject to obtaining a building permit therefor, but without otherwise complying with this section. If this destruction is greater than partial, then repair or restoration will require compliance with this section.
(3) 
The owner of any nonconforming WTF may repair, rebuild and/or upgrade (but not expand such WTF or increase its height or reduce its setbacks), in order to improve the structural integrity of the facility, to allow the facility to accommodate collocated antennas or facilities, or to upgrade the facilities to current engineering, technological or communications standards, without having to conform to the provisions of this section.
I. 
Additional site plan submission requirements; severability; when effective.
(1) 
In addition to the applicable documentation and items of information required for site plan approval the following additional documentation and items of information are required to be submitted to the Planning Board for review and approval as part of the site plan submission:
(a) 
Documentation by a qualified expert regarding the capacity of any proposed WTF for the number and type of antennas;
(b) 
Documentation by a qualified expert that any proposed WTF will have sufficient structural integrity to support the proposed antennas and the anticipated future collocated antennas and that the structural standards developed for antennas by the Electronic Industries Association (EIA) and/or the Telecommunication Industry Association (TIA) have been met;
(c) 
A letter of intent by the applicant, in a form which is reviewed and approved by the Borough Attorney, indicating that the applicant will share the use of any WTF with other approved providers of wireless communication services; and
(d) 
A visual impact study, graphically simulating through models, computer-enhanced graphics, or similar techniques, the appearance of any proposed tower and indicating its view from at least the five locations around and within one mile of the proposed WTF where the WTF will be most visible. Aerial photographs of the impact area shall also be submitted.
(2) 
If any section, paragraph, subsection, clause or provision of this section shall be adjudged by the courts to be invalid, such adjudication shall apply only to the section, paragraph, subsection, clause or provision so adjudged, and the remainder of the section shall be deemed valid and effective.
(3) 
This section shall become effective upon final adoption after publication and filing a copy with the Bergen County Planning Board in accordance with law.

§ 220-13 Height and setbacks.

A. 
Schedule limiting height and setbacks.
[Amended by Ord. No. 252]
(1) 
No building or accessory building hereafter erected or altered shall be erected or altered to exceed the height or to have narrower or smaller rear yards, side yards or front yards than is laid down for the zone in which the buildings are located in the Schedule of § 220-3C. Swimming pools, tennis courts and paddle courts shall be governed by the setbacks required for accessory buildings.
(2) 
Width is measured at the front setback line. Frontage at street line must be at least 80% of required lot width. Setbacks are measured from the lot line to the nearest walls of the building.
(3) 
Prior to the installation of any roof sheathing or any other material enclosing the roof trusses, a copy of as-built drawings shall be submitted to the Construction Code Official, for the purposes of verifying that the building height does not exceed the permitted height pursuant to any approvals or building requirements. Said drawings shall be submitted once the building framing has been completed to the roof peak, and no further construction on the roof shall be permitted until such time as the height is verified.
[Added 9-24-2008 by Ord. No. 687]
B. 
Encroachments in required setbacks. The space in any required setback shall be open and unobstructed except as follows:
[Amended by Ord. No. 184; Ord. No. 254; Ord. No. 325; Ord. No. 340; Ord. No. 416]
(1) 
Ordinary projections of window sills, belt courses, cornices, eaves and other architectural features shall be permitted to project not more than two feet.
(2) 
An arbor, open trellis, flagpole, unroofed steps, unroofed terrace, unroofed porch and recreation equipment, except a swimming pool, shall be permitted to encroach without limitations.
(3) 
No accessory building in any zone shall be located in any front or side yard. No drying yard equipment shall be located in any front yard.
(4) 
An accessory building shall be permitted in any rear yard subject to the following regulations:
(a) 
The aggregate ground area covered by any accessory buildings in any rear yard, including the ground area covered by any projections, other than cornices and eaves, shall not exceed 20% of the rear yard area in any residence zone. Swimming pools and tennis courts may exceed the 20% coverage of the rear yard area in any residence zone subject to all other conditions of this section. Paddle tennis courts shall not exceed 20% of the rear yard area in any residence zone.
(b) 
No accessory building or accessory structure shall be more than 15 feet high. No accessory building or drying yard equipment shall be nearer a party lot line than the following specified distances:
[Amended 4-23-2003 by Ord. No. 613; 4-28-2004 by Ord. No. 632]
District
Distance
(feet)
R-A
30
R-AA
25
R-1
20
R-2
10
R-3
5
R-4
10
R-2A
10
R-2B
10
R-2C
10
R-R
30
COAH-2
20
(c) 
On a corner lot no accessory building shall occupy that half of the lot depth nearest the fronting street and it shall set back from the side street line at least as far as the setback requirements for the main building. When the rear of a corner lot abuts a lot facing on the side street, an accessory building shall not be nearer the rear line of the lot on which it is erected than the distance required for side yard setback in that zone.
(5) 
Electric generators, which are to be used during public utility electrical outages, shall be permitted in a side or rear yard, subject to the measured sound pressure levels of § 153-3 (Noise Ordinance). No portion of an electric generator shall be located within a buffer area as defined by § 205-1B, and in no case shall an electric generator be located any closer to a lot line or public right-of-way than 10 feet. All such equipment shall be suitably buffered and screened to minimize views from adjacent properties and the public right-of-way.
[Added 8-28-2013 by Ord. No. 736]
C. 
Height exceptions. Notwithstanding the height limits of Subsection A, golf clubhouses shall not be more than 35 feet in height measured from the mean ground level.
[Amended by Ord. No. 184]
D. 
Transition requirements. Where a lot is divided by a zone boundary, the part of such lot within each zone shall be regulated by all the regulations of that zone.
E. 
Conditions requiring modification. Where special conditions of topography, forestation, rock outcropping or the location of existing houses make a variation in the setback requirement reasonable, the Zoning Board of Adjustment will decide the proper modification according to law.
F. 
Lots fronting on two or more streets. Where a lot fronts on two or more streets, the front yard requirements for the principal building for the zone in which the frontage lies shall govern the setback required on each street.
G. 
COAH-1 District. There shall be no accessory buildings for storage permitted in this zoning district except for enclosure of trash, garbage or recycling containers.
[Added 10-25-2000 by Ord. No. 578]

§ 220-14 Developer's fees.

[Added 3-22-2000 by Ord. No. 565; amended 11-17-2003 by Ord. No. 625; 6-22-2005 by Ord. No. 655; 11-13-2006 by Ord. No. 670; 11-17-2008 by Ord. No. 691]
A. 
Purpose.
(1) 
In Holmdel Builder's Association v. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985 (the Act), N.J.S.A. 52:27D-301 et seq., and the state constitution, subject to the Council on Affordable Housing's ("COAH's") adoption of rules.
(2) 
Pursuant to P.L. 2008, c. 46, § 8 (N.J.S.A. 52:27D-329.2) and the Statewide Nonresidential Development Fee Act (N.J.S.A. 40:55D-8.1 through 40:55D-8.7), COAH is authorized to adopt and promulgate regulations necessary for the establishment, implementation, review, monitoring, and enforcement of municipal affordable housing trust funds and corresponding spending plans. Municipalities that are under the jurisdiction of the Council or court of competent jurisdiction and have a COAH-approved spending plan may retain fees collected from nonresidential development.
(3) 
This section establishes standards for the collection, maintenance, and expenditure of development fees pursuant to COAH's regulations and in accordance with P.L. 2008, c. 46, Sections 8 and 32 through 38.[1] Fees collected pursuant to this section shall be used for the sole purpose of providing low- and moderate-income housing. This section shall be interpreted within the framework of COAH's rules on development fees, codified at N.J.A.C. 5:97-8.
[1]
Editor's Note: See N.J.S.A. 52:27D-329.2 and N.J.S.A. 40:55D-8.1 through 40:55D-8.7, respectively.
B. 
Basic requirements.
(1) 
This section shall not be effective until approved by COAH pursuant to N.J.A.C. 5:96-5.1.
(2) 
The Borough of Alpine shall not spend development fees until COAH has approved a plan for spending such fees in conformance with N.J.A.C. 5:97-8.10 and N.J.A.C. 5:96-5.3.
C. 
Definitions. The following terms, as used in this section, shall have the following meanings:
AFFORDABLE HOUSING DEVELOPMENT
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 one-hundred-percent affordable development.
BOROUGH
The Borough of Alpine.
COAH
The New Jersey Council on Affordable Housing established under the Act, which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning consideration in the state.
DEVELOPER
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.
DEVELOPMENT FEE
Funds paid by an individual, person, partnership, association, company, or corporation for the improvement of property as permitted in N.J.A.C. 5:97-8.3.
EQUALIZED ASSESSED VALUE
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).
GREEN BUILDING STRATEGIES
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.
D. 
Residential development fees.
(1) 
Imposed fees.
(a) 
For all residential developments, residential developers shall pay a fee of 1.5% of the equalized assessed value for residential development, provided that no increased density is permitted.
(b) 
When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5) (known as a "d" variance) has been permitted, developers may be required to pay a development fee of 6% of the equalized assessed value for each additional unit that may be realized. However, 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.
(c) 
Example. If an approval allows four units to be constructed on a site that was zoned for two units, the fees could equal 1.5% of the equalized assessed value on the first two units and the specified higher percentage up to 6% of the equalized assessed value for the two additional units, provided that zoning on the site has not changed during the two-year period preceding the filing of such a variance application.
(2) 
Eligible exactions, ineligible exactions, and exemptions for residential development.
(a) 
Affordable housing developments and developments where the developer has made a payment in lieu of on-site construction of affordable units shall be exempt from development fees.
(b) 
Developments that have received preliminary or final site plan approval prior to the adoption of a municipal development fee ordinance shall be exempt from development fees, unless the developer seeks a substantial change in the approval. Where a site plan approval does not apply, a zoning and/or building permit shall be synonymous with preliminary or final site plan approval for this purpose. The fee percentage shall be vested on the date that the building permit is issued.
(c) 
Development fees shall be imposed and collected when an existing structure undergoes a change to a more intense use, is demolished and replaced, or is expanded, except that expansion of an existing residential structure which increases the living space by less than 20% and/or the volume of the existing structure by less than 20% shall be exempt from paying a development fee. The development fee shall be calculated on the increase in the equalized assessed value of the improved structure.
E. 
Nonresidential development fees.
(1) 
Imposed fees.
(a) 
Within all zoning districts, nonresidential developers, except for developers of the types of development specifically exempted, shall pay a fee equal to 2.5% percent of the equalized assessed value of the land and improvements for all new nonresidential construction on an unimproved lot or lots.
(b) 
Nonresidential developers, except for developers of the types of development specifically exempted, 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 preexisting land and improvement and the equalized assessed value of the newly improved structure, i.e., land and improvement, at the time 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 the two-and-a-half-percent development fee, unless otherwise exempted below.
(b) 
The two-and-a-half-percent fee 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 P.L. 2008, c. 46, as specified in the Form N-RDF, "State of New Jersey Non-Residential Development Certification/Exemption" form. 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 P.L. 2008, c.46, shall be subject to it at such time 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 of 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 as a lien against the real property of the owner.
F. 
Collection procedures.
(1) 
Upon the granting of a preliminary, final or other applicable approval for a development, the applicable approving authority shall direct its staff to notify the Construction Official responsible for the issuance of a building permit. For nonresidential developments, the developer shall also be provided with a copy of Form N-RDF, "State of New Jersey Non-Residential Development Certification/Exemption," and complete as per the instructions provided.
(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 provide in the Form N-RDF. The Tax assessor shall verify exemptions and prepare estimated final assessments as per the instructions provided in Form N-RDF.
(3) 
The Construction Official responsible for the issuance of a building permit shall notify the local Tax Assessor of the issuance of the first building permit for a development which is subject to a development fee.
(4) 
Within 90 days of receipt of that notice, the Municipal Tax Assessor, based on the plans filed, shall provide an estimate of the equalized assessed value of the development.
(5) 
The Construction Official responsible for the issuance of a final certificate of occupancy notifies the local Assessor of any and all requests for the scheduling of a final inspection on property which is subject to a development fee.
(6) 
Within 10 business days of a request for the scheduling of a final inspection, the Municipal Assessor shall confirm or modify the previously estimated equalized assessed value of the improvements of the development, calculate the development fee, and thereafter notify the developer of the amount of the fee.
(7) 
Should the Borough 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-8.6b).
(8) 
Fifty percent of the development fee shall be collected at the time of issuance of the building permit. The remaining portion shall be collected at the issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at building permit and that determined at issuance of certificate of occupancy.
(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. 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. 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.
G. 
Affordable Housing Trust Fund.
(1) 
There is hereby created a separate, interest-bearing housing trust fund to be maintained by the chief financial officer for the purpose of depositing development fees collected from residential and nonresidential developers and proceeds from the sale of units with extinguished controls.
(2) 
The following additional funds shall be deposited in the Affordable Housing Trust Fund and shall at all times be identifiable by source and amount:
(a) 
Payments in lieu of on-site construction of affordable units;
(b) 
Developer-contributed funds to make 10% of the adaptable entrances in a townhouse or other multistory attached development accessible;
(c) 
Rental income from municipally operated units;
(d) 
Repayments from affordable housing program loans;
(e) 
Recapture funds;
(f) 
Proceeds from the sale of affordable units; and
(g) 
Any other funds collected in connection with the Borough's affordable housing program.
(3) 
Within seven days from the opening of the trust fund account, the Borough shall provide COAH with written authorization, in the form of a three-party escrow agreement between the municipality, the bank, and COAH, to permit COAH to direct the disbursement of the funds as provided for in N.J.A.C. 5:97-8.13(b).
(4) 
All interest accrued in the housing trust fund shall only be used on eligible affordable housing activities approved by COAH.
H. 
Use of funds.
(1) 
The expenditure of all funds shall conform to a spending plan approved by COAH. Funds deposited in the housing trust fund may be used for any activity approved by COAH to address the Borough'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, rehabilitation, new construction of affordable housing units and related costs, accessory apartment, market to affordable, or 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, or any other activity as permitted pursuant to N.J.A.C. 5:97-8.9 through 5:978.9 and specified in the approved spending plan.
(2) 
Funds shall not be expended to reimburse the Borough for past housing activities.
(3) 
At least 30% of all development fees collected and interest earned 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 median income by region.
(a) 
Affordability assistance programs may include down payment assistance, security deposit assistance, low-interest loans, rental assistance, assistance with homeowners' association or condominium fees and special assessments, and assistance with emergency repairs.
(b) 
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 use of development fees in this manner shall entitle the Borough to bonus credits pursuant to N.J.A.C. 5:96-18.
(c) 
Payments in lieu of constructing affordable units on site and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirement.
(4) 
The Borough may contract with a private or public entity to administer any part of its Housing Element and Fair Share Plan, including the requirement for affordability assistance, in accordance with N.J.A.C. 5:96-18.
(5) 
Unless otherwise permitted by COAH, 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 consultant fees necessary to develop or implement a new construction program, a Housing Element and Fair Share Plan, and/or and affirmative marketing program. In the case of a rehabilitation program, no more than 20% of the revenues collected from development fees shall be expended for such administrative expenses. 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 objecting to the Council's regulations and/or action are not eligible uses of the affordable housing trust fund.
I. 
Monitoring. The Borough shall complete and return to COAH all monitoring forms included in the annual monitoring report related to the collection of development fees from residential and nonresidential developers, payments in lieu of constructing affordable units on site, and funds from the sale of units with extinguished controls, barrier-free escrow funds, rental income, repayments from affordable housing program loans, and any other funds collected in connection with the Borough's housing program, as well as to the expenditure of revenues and implementation of the plan certified by COAH. All monitoring reports shall be completed on forms designed by COAH.
J. 
Ongoing collection of fees. The ability for the Borough to impose, collect, and expend development fees shall expire with its substantive certification on the date of expiration of substantive certification unless the Borough has filed an adopted Housing Element and Fair Share Plan with COAH, has petitioned for substantive certification, and has received COAH's approval of its development fee ordinance. If the Borough fails to renew its ability to impose and collect development fees prior to the date of expiration of substantive certification, it may be subject to forfeiture of any or all funds remaining within its municipal 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). The Borough shall not impose a residential development fee on a development that receives preliminary or final site plan approval after the expiration of its substantive certification or judgment of compliance, nor shall the Borough retroactively impose a development fee on such a development. The Borough will not expend development fees after the expiration of its substantive certification.

§ 220-15 Garages and parking areas.

A. 
There shall be no public garage in the Borough.
B. 
No property or lot in the Borough shall be used to store vehicles of any kind, whether it be for the personal use of the owner or occupant or any other person or for pay to the general public; except where stored in a private garage as defined in § 220-2 of this chapter; except that where a property owner or occupant shall not have garage facilities on his/her lot, the owner or occupant may store or have on the property at any time not more than three noncommercial vehicles; except one of which may be a light truck not exceeding 1/2 ton in capacity, used exclusively by the owner or occupant of the lot.
C. 
All other or further uses other than permitted above shall be a violation of this chapter and shall be prohibited.
D. 
Garages.
[Added 9-24-2003 by Ord. No. 606]
(1) 
For a residence located within the R-A and R-R Zones, there shall be a maximum of four single garage doors or a maximum of 40 linear feet of access to a garage.
(2) 
For a residence located in any zones other than an R A and R-R, there shall be a maximum of three single garage doors or a maximum of 30 linear feet of access to a garage.

§ 220-16 Trailers.

A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
AUTOMOBILE TRAILER, TRAILER COACH or TRAILER
Any vehicle or structure so designed and constructed in such manner as will permit occupancy thereof as sleeping quarters for one or more persons, or the conduct of any business or profession, occupation or trade, or used as a selling or advertising device, and so designed that it is or may be mounted on wheels and used as a conveyance on highways or city streets, propelled or drawn by its own or other motive power.
B. 
Regulations. No trailer shall be stored in any district or zone, except in a garage or accessory building erected in compliance with the provisions of this chapter. The term "stored" as set forth in this section shall be so construed when the trailer, as defined, has been parked or standing for more than two consecutive days or for more than any three days in any ten-day period. No trailer shall be connected to any utilities and shall not be used in any way for residence or business purposes.

§ 220-17 Off-street parking.

A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
PARKING SPACE
An off-street space accessible and available for the parking of one motor vehicle and having an area of not less than 200 square feet, exclusive of passageways and aisles appurtenant thereto, but not less than 10 feet in width and not less than 20 feet in length.
B. 
Proximity to street line. In a residence zone, no parking space shall be located closer to a street line than the front yard requirement of this chapter. In a business zone, no parking space shall be within five feet of a street line, except as provided in § 220-7B of this chapter.
[Amended by Ord. No. 292]
C. 
Required parking spaces. Parking spaces shall be required as follows:
[Amended by Ord. No. 186; Ord. No. 292; Ord. No. 416; Ord. No. 501]
(1) 
Residence zone: two spaces per dwelling unit.
(2) 
R-4 Residential Zone parking requirements: see § 220-7 of this chapter.
(3) 
Club, community center or other place of public assembly: one space for each five seats based upon a maximum seating capacity. In any place not having seating for patrons or assemblage, there shall be one space for each five persons based on capacity attendance.
(4) 
Whenever land in an R-R Zone is used for a golf course, a paved automobile parking area shall be provided on the grounds of sufficient area to provide 1.2 automobile parking spaces for each club membership, including house membership. In addition to this provision, where any clubhouse shall contain sleeping accommodations, there shall also be provided one automobile parking space for each room of sleeping accommodation. No parking area shall be located nearer than 75 feet to any adjacent residential property either within or without the Borough other than the property to which such parking area is incident, nor shall the same be located nearer than 50 feet to any public street or other boundary line, and the same shall be completely screened from adjacent property owners either by appropriate landscaping or other suitable screening devices to be approved by the Planning Board. No such landscaping or screening devices shall be approved by the Planning Board without a finding that the same adequately protect the property values of the adjacent property owners.
(5) 
Houses of worship: one parking space for each three seats in the largest assembly room plus one space per employee or staff member, for house of worship or accessory uses. No outdoor overnight parking shall be permitted on the site.
D. 
COAH-1 District: a minimum of two parking spaces for each dwelling unit shall be provided, with each space having a minimum depth of 18 feet and a minimum width of nine feet.
[Added 10-25-2000 by Ord. No. 578]

§ 220-18 Building permits, zoning permits and certificates of occupancy.

[Amended by Ord. No. 238; Ord. No. 262; Ord. No. 272; Ord. No. 287; Ord. No. 310; Ord. No. 360; Ord. No. 443; 2-28-2001 by Ord. No. 583; 10-22-2003 by Ord. No. 624]
A. 
Building permits and plans.
(1) 
No building, structure or part thereof shall be erected, razed, moved, extended, enlarged, altered or demolished unless and until a permit has been granted by the Building Inspector. Application shall be filed in triplicate with the Building Inspector by the owner or his/her agent and shall state the intended use of the structure and the land. The application shall be accompanied by detailed plans and specifications; and new buildings or additions to buildings shall be accompanied by a plot plan showing finished grades, existing grades, open spaces, the established building lines within the block upon which the land is located and such other information as may be required to show that the proposed building or other structure shall comply with all the requirements of this chapter for the zone district in which the premises is located. The plan shall be drawn to scale and shall show actual dimensions and fixtures. All plans, specifications and plot plans shall be signed by a licensed architect or a licensed professional engineer of the State of New Jersey, provided, however, that the owner shall file an affidavit to that effect with the plans. A plot plan, but only a plot plan, may be prepared and certified by a licensed land surveyor of the State of New Jersey.
(2) 
No building permit shall be issued for the erection, raising, moving, extending, enlargement or alteration of any building or structure, or any part, unless a zoning permit is issued.
(3) 
The Construction Official shall collect a cash bond in all cases where an application requests a permit for renovation, alteration, repair or new construction, hereinafter called "improvement." The cash bond shall be in the amount of $500 when the cost of the improvement, in the estimation of the Construction Official, shall equal or exceed $5,000. The cash bond shall be in the amount of $200 when the cost of the improvement, in the estimation of the Construction Official, shall be less than $5,000. The applicant shall, during the course of such construction, regularly clean up all debris and dirt from the streets, sidewalks and curbing abutting the property for which the construction permit was issued. Upon the completion of such renovation, alteration, repair or new construction, and the Construction Official and the appropriate subcode officials having inspected same and found it to be satisfactory, and, if applicable, the Borough Engineer having also determined that any and all damages to the streets, sidewalks and curbing abutting the property for which the permit was issued have been repaired and all debris and dirt deposited thereon has been properly cleaned, the cash bond, without interest, shall be returned to the applicant. Patching of damaged curbs will not be accepted. Removal and replacement of damaged curbs shall be required. No certificate of occupancy shall be issued until the Borough Engineer has certified to the Construction Official, in writing, that the curb complies with the requirements of the curb specifications as set forth in Chapter 192, Streets and Sidewalks, § 192-24. At the time of the return of the cash bond, the Borough may charge the applicant a curb inspection fee, not to exceed $75 for each inspection. All repairs to damaged curbs shall be at the applicant's expense.
(4) 
Application for all buildings and uses other than one-family homes, and two-family homes, if applicable, shall comply with the submission and review procedures specified in Chapter 179, Site Plan Review.
B. 
Zoning Permits.
(1) 
Application for zoning permit. The zoning permit looks to the location and use of the building in light of the requirements of this chapter and certifies that such location and use is permitted or that it exists as a nonconforming use and/or nonconforming structure or is permitted by the terms of a variance. All zoning permit applications shall be made in writing by the owner or his authorized agent and shall include a statement to the use or intended use and shall be accompanied by a plan of the plot showing thereon the exact size, shape and location of all proposed structures and such other information as may be necessary to provide for the enforcement of this chapter. The zoning permits shall be granted or denied within 10 business days from the date that a written application is filed with the Zoning Officer.
(2) 
Issuance of zoning permit. Zoning permits shall be secured from the Zoning Officer prior to issuance of a building permit. It shall be the duty of the Zoning Officer to issue a zoning permit, provided that the Zoning Officer is satisfied that the proposed use conforms with all requirements of this chapter. It is the applicant’s responsibility that all other reviews and actions, if any, called for in this chapter or any other Borough ordinance have been complied with and all necessary approvals secured therefor.
(3) 
Denial of zoning permit. When the Zoning Officer is not satisfied that the applicant’s proposed development will meet the requirements of this chapter, the Zoning Officer shall refuse to issue a zoning permit. When an application for a zoning permit is denied, it is the duty of the Zoning Officer to specify what sections of the application are not in conformance with the zoning ordinance. The applicant may appeal to the Zoning Board of Adjustment.
(4) 
Records of zoning permits. It shall be the duty of the Zoning Officer to keep a record of all applications for zoning permits issued, together with a notation of all special conditions involved. The Zoning Officer shall prepare a monthly report for the Borough Council, Planning Board, Zoning Board of Adjustment and Tax Assessor, summarizing for the period since his previous report all zoning permits issued by him and all complaints of violations and the action taken by him consequent thereon.
(5) 
Fees for zoning permits. There shall be a minimum fee of $150 for any residential applications and a minimum fee of $250 for any commercial applications for a zoning permit for each and every review, with no exceptions.
[Amended 4-23-2008 by Ord. No. 680; 12-17-2008 by Ord. No. 694; 4-27-2011 by Ord. No. 721; 4-22-2015 by Ord. No. 754]
C. 
Certificate of occupancy.
(1) 
General requirements.
(a) 
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 until a certificate of occupancy shall have been issued by the Construction Official stating that the premises or building complies with all provisions of this chapter.
(b) 
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 Construction Official stating that the change, extension or alteration is in conformity with the provisions of this chapter.
(c) 
A 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. A record of all certificates of occupancy shall be kept on file by the Construction Official and copies shall be furnished upon request of any person having a proprietary or tenancy interest in the building affected. A fee of $5 shall be charged for each original certificate of occupancy and $2 for each copy thereof.
(d) 
No permit for excavation shall be issued before application has been made for a building permit and approved. No building or premises for which a certificate of occupancy is required may be occupied until such certificate shall have been issued, but a temporary certificate of occupancy may be issued for part of a building. The fee for issuing such temporary certificate shall be $5 and $2 for copies thereof.
(e) 
In case the Building Inspector shall decline to issue a certificate of occupancy, his/her reasons for doing so shall be stated on copies of the application, and one copy thereof shall be returned to the applicant.
(f) 
Any person occupying any land or building within the Borough before securing a certificate of occupancy shall be liable to a fine of up to $100 per day for each day that the offense is continued, within the discretion of the Municipal Judge. Such violation shall be heard on summons issued by the Construction Official in the Municipal Court.
(2) 
Certificate of occupancy requirements upon transfer or change in ownership or occupancy.
[Added 12-17-2008 by Ord. No. 693]
(a) 
A certificate of occupancy shall be required upon any transfer of title to an existing premises which is accompanied by a change in the occupancy of such premisess. A certificate of occupancy is not required when the principal building is not to be occupied and the structure is to be demolished. Proof of such shall be presented to the Construction Code Official/Building Inspector, and an application shall be completed prior to the transfer of ownership.
(b) 
The certificate of occupancy shall be evidence only that a general inspection of the visible parts of the principal building, property or other structures on the property has been made and that there are no apparent visible violations of the Borough of Alpine ordinances, New Jersey Uniform Construction Code, the New Jersey Uniform Fire Code or other applicable county, state or federal codes, statutes or regulations have been determined to have occurred and no unsafe conditions have been found.
(c) 
An application for a certificate of occupancy as required by this section shall be made in writing on forms provided by the Alpine Building Department. Applications shall be submitted at least 20 business days prior to the proposed change of occupancy. Upon receiving the required completed application and fees, the Construction Official/Building Inspector shall inspect the property within 10 business days. In the event that the Construction Official/Building Inspector declines to issue a certificate of occupancy, his reason(s) for doing so shall be stated on a copy of the application, and said copy shall be returned to the applicant. The applicant may resubmit the application once all violations have been corrected to the satisfaction of the Construction Code Official/Building Inspector and request a reinspection.
(d) 
A temporary certificate of occupancy may be issued in the event that the violations are not corrected and that a title transfer or change of occupancy is scheduled at a time which makes it impossible for the violations to be corrected prior. The applicant will be subject to an additional fee for doing so, along with a guarantee that all violations will be corrected by a specific date. A cash bond in the amount of $1,000 per outstanding violation shall also be required. Failure to correct the violations which led to the issuance of a temporary certificate of occupancy by the date set forth shall subject the applicant to a fine of not less than $100 per day per outstanding violation until the violations have been corrected and forfeit of the bond(s) posted.
(e) 
Failure to submit a completed application for a certificate of occupancy upon any change accompanied by a transfer of title to an existing premises shall result in the levying of a fine in the amount of $1,000 against the owner of record of the property at the time that the change of occupancy or title occurred. Said owner(s) shall also be subject to a per diem charge of $100 for each and every day that a completed application is not submitted, starting from the day of discovery by the Alpine Building Department.
(f) 
Application fee for a certificate of continued occupancy upon transfer or change of ownership shall be based upon the amount of time remaining before the change of occupancy is expected, as follows:
[Added 4-27-2011 by Ord. No. 721; amended 6-27-2012 by Ord. No. 731]
[1] 
A request for a certificate of continued occupancy inspection received 10 or more business days prior to the change of occupancy: $400 for a one- or two-family structure used exclusively as a residential dwelling; $600 for a multifamily dwelling, commercial or industrial use structure.
[2] 
A request for a certificate of continued occupancy inspection received four to 10 business days prior to the change in occupancy: $600 for a one- or two-family structure used exclusively as a residential dwelling; $800 for a multifamily dwelling, commercial or industrial use structure.
[3] 
A request for a certificate of continued occupancy inspection received fewer than four business days prior to the change in occupancy: $800 for a one- or two-family structure used exclusively as a residential dwelling; $1,000 for a multifamily dwelling, commercial or industrial use structure.
(g) 
An additional fee for each and every reinspection shall be $90.
[Added 4-27-2011 by Ord. No. 721; amended 4-22-2015 by Ord. No. 754]
(h) 
Application fee for a temporary certificate of continued occupancy upon a transfer or change in ownership shall be the same as that for a certificate of continued occupancy upon a transfer or change in ownership as in Subsection C(2)(f) above.
[Added 4-27-2011 by Ord. No. 721; amended 6-27-2012 by Ord. No. 731]
(i) 
The fee for a certificate of noncompliance shall be $400 for residential applications and $600 for commercial applications.
[Added 4-22-2015 by Ord. No. 754]
D. 
Application fees.
[Amended 6-28-2006 by Ord. No. 668; 10-23-2013 by Ord. No. 737]
(1) 
Other than use variance. On all applications for a variance, other than a use variance, or for any other application to the Board of Adjustment, the application fee shall be $250, except that the fees on all applications involving additions to an existing residence shall be $100 if the value of the addition is $25,000 or less and $200 if the value of the addition is more than $25,000. In addition, the applicant shall deposit $2,000 in escrow with the Borough Clerk to be used to pay for the Borough’s legal fees, engineering expenses and any other costs incurred by the Borough and directly related to the variance application. Any unused portion of the escrow fee shall be returned to the applicant. If the expenses to the Board exceed the amount deposited, then the Board shall not give a final ruling until the applicant has made a deposit sufficient to pay for such additional expenses.
(2) 
Use variance. The application fee for a use variance shall be $200. In addition, the applicant shall deposit $2,000 in escrow with the Borough Clerk to be used to pay for the Borough’s legal fees, engineering expenses and any other costs incurred by the Borough and directly related to the variance application. Any unused portion of the escrow fee shall be returned to the applicant. If the expenses to the Board exceed the amount deposited, then the Board shall not give a final ruling until the applicant has made a deposit sufficient to pay for such additional expenses.
(3) 
Other applications. The fee paid under this subsection shall be in addition to subdivision and site plan review fees which may be required under Chapters 195 and 179 of these revised general ordinances.

§ 220-19 Interpretation and purpose.

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, morals and general welfare; for lessening the congestion in the street; for securing safety from fire, panic and other dangers; for the provision of adequate light and air; for preventing overcrowding of land or buildings; for the avoidance of undue concentration of population; and for facilitating adequate provision of transportation, water, sewage, schools, parking and other public improvements.

§ 220-20 Enforcement; violations and penalties.

A. 
Enforcing authority. The provisions of this chapter shall be enforced by the Construction Official. It shall be the duty of the Construction Official to file and safely keep a record of all applications for permits and certificates and a record of all permits and certificates issued, with a notation of any special conditions involved. The Construction Official shall file and safely keep copies of all plans and plot plan surveys submitted; and the same shall form a part of the records of his/her office and shall be available for the use of the Mayor and Council and of other officials of the Borough. The Construction Official shall pay over the fees received by him/her to the Borough Treasurer.
B. 
Report of violations. It shall also be the duty of the Fire and Police Departments to report any violations of the provisions of this chapter to the Construction Official and, at the same time, to send a copy of such report to the Borough Clerk who shall present the report to the Mayor and Council.
C. 
Enforcement by Borough residents. Nothing herein contained shall be deemed to preclude any resident of the Borough from enforcing this chapter by any available legal means.
D. 
Any owner, lessee, occupant, builder or other person who shall construct, alter, repair, convert, maintain or use any building, structure or premises in violation of any provision of this Chapter 220 or who shall in any manner violate any such provision shall, upon conviction, be subject for each such offense by imprisonment not to exceed 90 days or by fine not to exceed $1,000 or by a period of community service not to exceed 90 days.
[Added 2-26-2003 by Ord. No. 609]

§ 220-21 Affordable housing administration. [1]

[Added 9-27-2006 by Ord. No. 669]
A. 
Purpose. The purpose of this section is to create the administrative mechanisms needed for the execution of Alpine's responsibility to assist in the provision of affordable housing pursuant to the Fair Housing Act of 1985.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ADMINISTRATIVE AGENT
The entity responsible for administering the affordability controls of some or all units in the affordable housing program for Alpine to ensure that the restricted units under administration are affirmatively marketed and sold or rented, as applicable, only to low- and moderate-income households.
MUNICIPAL HOUSING LIAISON
The employee charged by the governing body with the responsibility for oversight and administration of the affordable housing program for the Borough of Alpine.
C. 
Establishment of Municipal Housing Liaison position and compensation; powers and duties.
(1) 
Establishment of position of Municipal Housing Liaison. There is hereby established the position of Municipal Housing Liaison for Alpine.
(2) 
Subject to the approval of the Council on Affordable Housing (COAH), the Municipal Housing Liaison shall be appointed by the governing body and may be a full- or part-time municipal employee.
(3) 
The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for Borough of Alpine, including the following responsibilities which may not be contracted out:
(a) 
Serving as the Borough of Alpine's primary point of contact for all inquiries from the state, affordable housing providers, administrative agents, and interested households;
(b) 
Monitoring the status of all restricted units in the Borough of Alpine's Fair Share Plan;
(c) 
Compiling, verifying, and submitting annual reports as required by COAH;
(d) 
Coordinating meetings with affordable housing providers and administrative agents, as applicable;
(e) 
Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by COAH;
(f) 
If applicable, serving as the administrative agent for some or all of the restricted units in Alpine as described in Subsection C(6) below.
(4) 
Subject to approval by COAH, the Borough of Alpine may contract with or authorize a consultant, authority, government or any agency charged by the governing body, which entity shall have the responsibility of administering the affordable housing program of Alpine. If the Borough of Alpine contracts with another entity to administer all or any part of the affordable housing program, including the affordability controls and Affirmative Marketing Plan, the Municipal Housing Liaison shall supervise the contracting administrative agent.
(5) 
Compensation. Compensation shall be fixed by the governing body at the time of the appointment of the Municipal Housing Liaison.
(6) 
Administrative powers and duties assigned to the Municipal Housing Liaison. If Alpine has contracted with a separate entity to perform the duties of the administrative agent, such entity shall have the following administrative powers and the Municipal Housing Liaison shall have oversight responsibilities only, provided in Subsection C(4).
(a) 
Affordability controls.
[1] 
Furnishing to attorneys or closing agents forms of deed restrictions and mortgages for recording at the time of conveyance of title of each restricted unit;
[2] 
Creating and maintaining a file on each restricted unit for its control period, including the recorded deed with restrictions, recorded mortgage and note, as appropriate;
[3] 
Ensuring that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and properly filed with the appropriate county's register of deeds or county clerk's office after the termination of the affordability controls for each restricted unit;
[4] 
Communicating with lenders regarding foreclosures; and
[5] 
Ensuring the issuance of continuing certificates of occupancy or certifications pursuant to N.J.A.C. 5:80-26.10.
(b) 
Resale and rental.
[1] 
Instituting and maintaining an effective means of communicating information between owners and the administrative agent regarding the availability of restricted units for resale or rental; and
[2] 
Instituting and maintaining an effective means of communicating information to low- and moderate-income households regarding the availability of restricted units for resale or rerental.
(c) 
Processing request from unit owners.
[1] 
Reviewing and approving requests from owners of restricted units who wish to take out home equity loans or refinance during the term of their ownership;
[2] 
Reviewing and approving requests to increase sales prices from owners of restricted units who wish to make capital improvements to the units that would affect the selling price, such authorizations to be limited to those improvements resulting in additional bedrooms or bathrooms and the cost of central air-conditioning systems; and
[3] 
Processing requests and making determinations on requests by owners of restricted units for hardship waivers.
(d) 
Enforcement.
[1] 
Securing annually lists of all affordable housing units for which tax bills are mailed to absentee owners and notifying all such owners that they must either move back to their unit or sell it;
[2] 
Securing from all developers and sponsors of restricted units, at the earliest point of contact in the processing of the project or development, written acknowledgement of the requirement that no restricted unit can be offered, or in any other way committed, to any person, other than a household duly certified to the unit by the administrative agent;
[3] 
The posting annually in all rental properties, including two-family homes, of a notice as to the maximum permitted rent together with the telephone number of the administrative agent where complaints of excess rent can be made;
[4] 
Sending annual mailings to all owners of affordable dwelling units, reminding them of the notices and requirements outlined in N.J.A.C. 5:80-26.18(d)4;
[5] 
Establishing a program for diverting unlawful rent payments to the municipality's affordable housing trust fund or other appropriate municipal fund approved by the DCA;
[6] 
Establishing a rent-to-equity program;
[7] 
Creating and publishing a written operating manual, as approved by COAH, setting forth procedures for administering such affordability controls; and
[8] 
Providing annual reports to COAH as required.
(e) 
The administrative agent shall have authority to take all actions necessary and appropriate to carry out its responsibilities hereunder.
[1]
Editor's Note: See also § 220-11, Fair housing.

§ 220-22 Uses prohibited in all zones.

[Added 12-15-2010 by Ord. No. 718]
Tents and other membrane structures including air bubble structures, inflatable buildings, prefabricated tensional fabric structures, domes and similar enclosures covering recreational facilities such as, but not limited to, hockey rinks, swimming pools, tennis courts, putting greens, soccer, golf, baseball, tennis, volleyball and other sports recreational facilities are not permitted as a permanent principal or accessory structure in any zone in the Borough of Alpine. For purposes of this section, "permanent" shall be defined as erected or in place for more than 28 days in a calendar year.