[Amended 7-28-1981 by Ord. No. 1981-9; 9-26-1995 by Ord. No. 1995-20;4-26-2005 by Ord. No. 2005-1]
The Borough shall be divided into 11 types of districts or zones, which would differentiate according to use and which shall be known and designated as:
The boundaries of these districts are hereby established as shown on a map entitled, "Zoning Map, Borough of Stanhope, Sussex County, New Jersey." Where there is uncertainty as to the boundaries of any of the districts shown on the aforesaid map, the following shall apply:
The boundary lines of these districts are intended to follow the street center lines and lot or property lines as they exist at the time of enactment of this chapter, unless otherwise indicated by dimensions on said Zoning Map.
Where such boundaries are not fixed by dimensions and where they approximately follow lot lines and where they do not scale more than a ten-foot distance therefrom, such lot lines shall be construed to be such boundaries unless specifically shown otherwise.
In subdivided land where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions shown on the map, shall be determined by the use of scale appearing thereon.
Questions concerning the exact location of district boundary lines shall be determined by the Planning Board in accordance with rules and regulations which may be adopted by it as hereinafter provided.
[Amended 5-28-2002 by Ord. No. 2002-5]
Editor's Note: The Zoning Map is on file in the office of the Borough Clerk.
No building shall hereafter be erected and no existing building shall be moved, structurally altered, added to, enlarged or rebuilt nor shall any land be designed, used or intended to be used for any purpose other than those included among the uses listed as permitted uses in each zone by this chapter and meeting the requirements as set forth by the schedule appended hereto and constituting a part of this chapter, nor shall any open space contiguous to any building be encroached upon or reduced in any manner except in conformity to the yard, lot area, building location, percentage of lot coverage, off-street parking space and such other regulations designated in said schedule and this chapter for the zone in which such building or space is located. In the event of any such unlawful encroachment or reduction, such building shall be deemed to be in violation of the provisions of this chapter, and the certificate of occupancy for such building shall thereupon become null and void.
The provisions of this chapter shall not apply to utility distribution or collection lines for water, gas, sewerage, electric and telephone services which are located in a public street or which provide service to private property.
Every principal building shall be built upon a lot with frontage upon a public street which has been improved in accordance with the appropriate Borough standards or for which improvement has been guaranteed or assured pursuant to § 100-45.
No more than one principal building containing the principal use shall be permitted for each lot, except in the case of the High Density Residential Zone.
Preexisting lots on which a lawful principal structure exists may be further developed, provided that such development is also a permitted use and meets the current zone requirements for front yard, side yard, rear yard and lot coverage requirements of the zone in which the lot lies. Such permitted expansion does not include a second story or higher addition.
[Added 5-29-1990 by Ord. No. 1990-10]
No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building.
In the case of irregularly shaped lots, the minimum lot width requirements, as specified in the schedule, shall be measured at the rear line of the front yard area, however, in no event shall the width as measured at the rear line, as set forth herein, or the width as measured at the street line be less than the minimum width requirements as set forth for regularly shaped lots in the aforesaid schedule.
All yard areas facing on a public street shall be considered as front yards and shall conform to the minimum front yard requirements for the particular zone.
[Added 9-24-1996 by Ord. No. 1996-15]
Definitions. As used in this section, the following terms shall have the meanings indicated:
- Includes any substantially vertical structure, wall or appurtenance, regardless of material composition, but excluding vegetation, whether supported by a foundation, footing, piling, stake, post or aboveground member or self-supporting, intended as a barrier to prevent escape or intrusion, to mark a boundary or the proximity thereof, to ensure privacy or to act as a support for vegetation.
- A substantially vertical landscaping structure, regardless of composition, the primary purpose of which is to retain lateral forces of soil and earth.
- FENCE HEIGHT
- The vertical distance measured from a point six inches above the ground to the uppermost elevation of the material comprising the fence, excluding post members. Post members shall not exceed the height of the fence by more than six inches at any point.
- SIGHT TRIANGLE
- The triangular area on a corner lot formed by the intersecting street rights-of-way lines and a line connecting two points, each point being 25 feet distant from the point of intersection of said rights-of way lines. The sight triangle along all county roads must conform to the county standards.
Maximum height of fence panel.
In front yards, from the face of the building to the right-of-way line, except corner lots, no fence shall exceed four feet in height.
In side yards, from the face of the building to the rear lot line, no fence shall exceed six feet in height.
In rear yards, no fence shall exceed six feet in height.
On corner lots, fences in either of the two front yards may not exceed three feet in height. Under no circumstances, however, shall any fencing be permitted along the intersecting street rights-of-way for a distance of 25 feet from the point of intersection thereof or within the sight triangle formed thereby. The site triangle along all county roads must conform to county standards.
Greater fence height(s) may be required when conditions warrant, as determined by the Planning Board.
The fence posts may exceed the fence panels by a height of six inches. Fence posts may not exceed eight inches in diameter or diagonally.
Fencing for all swimming pools must conform with the currently adopted BOCA code.
All fences must be of new material or material approved for use by the Construction Official and constructed in a workmanlike fashion.
Regardless of where a fence is to be located, it shall not be so constructed as to pose a safety hazard.
The finished side of a single-sided fence shall face outward from the lot on which it is constructed.
Under no circumstances shall fences erected in a residential zone be constructed of barbed wire, razor wire, plywood or sheet metal. Barbed wire construction, if authorized by the Planning Board for commercial and industrial application, must be at least eight feet above the ground.
Barbed wire construction, if authorized by the Planning Board for commercial or industrial application, must be at least eight feet above the ground.
Adequate screening shall be provided as required by the Planning Board between residential areas and commercial, business or industrial zones.
Walls. A construction permit shall be required for any retaining wall which exceeds four feet in height. The wall shall be designed by a professional engineer or constructed in accordance with the manufacturer's specifications. A copy of the engineer's design or manufacturer's specifications shall accompany the construction permit with a modified site plan. The maximum height of a retaining wall in the front yard shall be four feet and six feet in the side and rear yards. When it is deemed necessary or desirable to construct a wall higher than otherwise permitted, the additional wall height shall be offset four feet from the top of the first retaining wall, for a total height not exceeding eight feet.
Sight triangles. Plantings or structures other than fencing within a sight triangle shall not exceed two feet in height as measured above the curbline. In sight triangles where the slope of the ground is already two feet above the curbline, no tree, shrub, structure or other obstruction to vision shall be permitted. The site triangle along county roads shall conform to county standards.
Editor's Note: This ordinance also provided for the repeal of former § 100-58, Vision requirements at intersections.
[Amended 9-26-1995 by Ord. No. 1995-20]
All quasi-public uses, such as but not limited to churches and schools and other similar places of worship or instruction, shall have a minimum lot requirement of three acres. The use will comply with all other requirements of the zone in which it is located.
Where a building lot has frontage upon a street which on the Master Plan or Official Map of the Borough of Stanhope is contemplated for right-of-way widening, the required front yard shall be measured from such proposed future right-of-way.
No permit shall be granted for a building or use if the design or construction of same is likely to involve exceptional risk of traffic congestion, public safety or hazard, nor shall a permit be issued for a building or use if the design or construction of same is so markedly incongruous with the character of the neighborhood as to materially affect the value of the adjacent property.
The Borough Council of the Borough of Stanhope hereby finds that uniformity in the exterior design and appearance of dwellings erected in the same residential neighborhood tends to adversely affect the desirability of the immediate and neighboring areas for residential purposes and impairs the existing residential property in such areas; tends to impair the value of both improved and unimproved real property in such areas with attendant deterioration of conditions affecting the health, safety and morals of the inhabitants thereof and the community at large; and tends to deprive the municipality of tax revenue and destroys a proper balance between the taxable value of real property in such areas and the cost of municipal services provided therefor. It is the purpose of this provision to prevent these and other harmful effects of uniformity in the design and appearance of dwellings erected in any housing development in the same residential neighborhood and thus to promote and protect the health, safety, morals and general welfare of the community, as these purposes are set forth in N.J.S.A. 40:55D-1 et seq.
Except as provided in this section, not more than one building permit shall hereafter be issued for any dwelling to be erected in a housing development consisting of two or more houses if it is substantially alike in exterior design and appearance with any neighborhood dwelling situated on the same or opposite side of the street within 150 feet of a dwelling then in existence or for which a building permit has been issued or is pending. The distance herein specified shall be construed to mean the distance between the street property lines of the respective properties.
Houses within such specified distance from each other shall be considered uniform in exterior design and appearance if they have any one of the following characteristics:
The same basic dimensions and floor plans are used without substantial differentiation of one or more exterior elevations.
The same basic dimensions and floor plans are used without substantial change in orientation of the house on the lots.
The height and design of the roofs are without substantial change in design and appearance.
The size, type and location of windows and doors in the front elevation are without substantial differentiation.
In addition to the requirements specified in Subsection C, there shall be not less than three separate basic house designs in every housing development consisting of eight houses, not less than four basic house designs in every housing development of 15 houses and not less than five basic designs in every development consisting of 25 houses.
To ensure conformity with the provisions of this section, no permit shall hereafter be issued for more than one dwelling in any housing development, except as provided in Subsection F, until an engineer's survey or an architect's drawing of the entire tract or part to be developed has been submitted to the Building Inspector, showing thereon or on a schedule attached thereto the model number, type and design of each house, with the proper street and lot number for each house. The survey or drawing shall show the dimensions of each house and its exact location on the lot, with setbacks and width or depth of all yard spaces. In the event of a subsequent desired change in the basic design, size or location of a house in such tract, a revised plan and application therefor shall be filed and approved before such work is started.
To further ensure conformity with the provisions of this section with respect to new subdivisions for the purpose of a housing development, the Planning Board of the Borough of Stanhope may, at its discretion, require an affidavit or a performance guaranty, approved as to form by the Borough Attorney, that the subdivision will be developed as a whole so that the intent and purpose of this section is satisfied. The Building Inspector is also hereby authorized to require a similar affidavit or performance bond before issuance of more than one building permit in any housing development or part thereof for any subdivision heretofore approved by the Planning Board prior to the enactment of this chapter or for any land area not required to be subdivided.
Appeals for relief from the provisions of this section may be taken to the Borough Council, and relief may be granted by said body when, in its opinion, such relief is not detrimental to the public interest and will not impair substantially the intent and purpose of this section.
No detached garage building shall be permitted when space for a garage is already provided or included within premises attached to a dwelling.
The physical contour of any lot shall not be altered in any manner affecting drainage to the detriment of the property or adjoining property nor shall natural contours be disturbed or excavations permitted which are likely to involve risks of erosion, landslide, injury to natural vegetation or other hazardous or adverse conditions. In addition, the following specific requirements shall be met:
There shall be no increase in the grade of a lot within five feet of an adjoining street or property line.
No grade shall be increased to a slope of greater than two to one (2:1).
There shall be no filling of land nor the erection of retaining walls in any location or to such height as would reduce the normal sight distance along a street from any point at the setback line of any adjoining lot.
If the Building Construction Official finds that the construction of any building or the disturbance of the natural contours is likely to result in any condition mentioned in Subsection A above, he shall refer the application and plot plan to the Borough Engineer. The Building Construction Official shall require such changes in the construction plans or he shall require the construction of berms, gutters, retaining walls, dry wells, catch basins and similar structures as may be necessary to control drainage and reduce excavation to maintain a natural environment to the greatest degree possible and to otherwise prevent or eliminate dangerous or hazardous conditions.
No structure or part thereof shall be erected, raised, moved, extended, enlarged, altered or demolished and no excavation for any building shall be dug until a building permit has been granted by the Building Construction Official. Application therefor shall be filed in duplicate by the owner or his agent, and it shall state the intended use of the structure and of the land. This application shall be accompanied by detailed plans and specifications.
[Added 6-1-1999 by Ord. No. 1999-10]
It is hereby found that soil disturbance and construction of buildings and structures in certain areas of critical slopes within the Borough of Stanhope will increase the rate of surface water runoff, soil erosion and siltation and pollution of streams, as well as the danger of flooding, thereby having the potential of endangering public and private property and life; that this condition is aggravated by soil disturbance, construction and development on these slopes which creates an additional hazard to the lives and property of those dwelling on the slopes and below them; and that the most appropriate method of alleviating such conditions is through regulation of such soil disturbance, construction and development. Furthermore, the disturbance destroys the hardwood stands which support the fragile ecosystem. It is therefore determined that the special and paramount public interest in these slopes justifies the regulation of property located thereon, as provided in this chapter, which is in the exercise of the police power of the municipality for the protection of the persons and property of its inhabitants and for the preservation of the public health, safety and general welfare.
The purpose of this subsection is to regulate the construction of buildings, structures and roads, as well as the removal of vegetative cover, the disturbance of soil and the intensity of use in areas of excessive slopes.
Disturbance on steep slopes:
On slopes greater than 25%, site access and 10% disturbance is allowed. No additional development or regrading is permitted on sites in excess of 1,000 square feet unless it can be shown that utility and drainage systems are necessary and that no suitable option for their location is available, and in the case of drainage systems, that the improvement would be beneficial in stabilizing the slope, as certified by the Borough Engineer. Disturbed areas shall be stabilized after construction. On-tract and off-tract improvements required by the municipality are exempted from these requirements where no feasible alternative exists for the public improvement, as certified by the Borough Engineer.
The following standards shall apply to all lots which require improvements on slopes greater than 12%, provided that improvements which involve the disturbance of 1,000 square feet or less of the surface area of land shall be exempt from these provisions:
A lot grading plan which indicates the proposed driveway plan and profile, location of the residence and any site grading necessary for the property shall be submitted for review and approval by the Planning Board when a major subdivision or major site plan is proposed. Such plan shall provide for the proper protection and stabilization of all disturbed areas consistent with the design techniques established by the Soil Erosion and Sediment Control Standards, adopted and amended by the New Jersey State Soil Conservation Committee.
[Amended 5-28-2002 by Ord. No. 2002-5]
The applicant's engineer shall provide a certification verifying that the proposed driveway design is capable of providing access for emergency vehicles and equipment and shall submit the proposed driveway design to each of the Borough's emergency service agencies for review and comment.
Roads and driveways shall follow the natural topography to the greatest extent possible to minimize the cutting and grading of critical slope areas.
Areas of 1,000 square feet or more on slopes of 8% or greater that are disturbed, regraded or stripped of vegetation shall have hay bales and silt fences installed, in addition to the normal standards required by the Soil Erosion and Sediment Control Standards and Sussex County Soil Conservation Standards.
Disturbance of steep slope areas in amounts greater than set forth above shall require a variance.
[Amended 6-30-1998 by Ord. No. 1998-8]
For any and every violation of the provisions of this development regulation, the owner, general agent, contractor of a building or premises where such violation has been committed or shall exist and the lessee or tenant of an entire building or premises where such violation has been committed or shall exist and the owner, general agent, contractor or lessee or tenant of any part of the building or premises where such violation has been committed or shall exist or the general agent, architect, builder, contractor or any other person who commits, takes part or assists in such violations or who maintains any building or premises where such violations shall exist shall, for each and every day that such violation continues, upon conviction, be punishable by a fine not exceeding $1,000 or imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof.
[Amended 10-31-1989 by Ord. No. 1989-21]
No person or persons, partnership, firm or corporation or any agents, servants or representatives of any of the foregoing shall occupy nor suffer the occupancy of or allow any person or persons, partnership, firm or corporation to live in or upon or inhabit as a tenant or tenants or occupants or to occupy as any new owner or cotenant or co-owner any dwelling houses or houses or dwelling unit or units or any commercial or industrial structure within the confines of the Borough of Stanhope unless and until any such aforesaid person or persons, partnership, firm or corporation or any other aforesaid designated individual shall have first obtained from the Construction Official of the Borough of Stanhope a certificate of occupancy and permit authorizing any of the foregoing when any of the foregoing shall take place subsequent to the adoption of the within development regulation, and provided that the Code of the Borough of Stanhope required the issuance of a building permit or site plan approval.
An application for a certificate of occupancy shall be made in writing to the Construction Official of the Borough of Stanhope by the person or persons, firm or corporation or agent, servant or representative, and consent shall be given therewith unto said Construction Official to enter upon and examine said dwelling house or houses and dwelling unit or units or commercial or industrial structure and the buildings or building wherein the same may be situate for which said application is applied for so that said Construction Official may determine whether or not said dwelling house or houses, said dwelling unit or units or commercial or industrial structure and the building wherein the same may be situate fully complies with the provisions of the Code of the Borough of Stanhope affecting the use and occupancy of all such dwelling houses and dwelling units and structures or commercial or industrial structure. No certificate of occupancy shall be issued unless there is full and complete compliance with all of the foregoing, including, in the case of commercial or industrial structures, the provisions of § 100-33D.
All applications for such certificates of occupancy, as aforesaid, shall be made in writing and shall state the name and address of the owner of the dwelling house or houses, the dwelling unit or units or the commercial or industrial structure and the building or structure wherein the same may be situate; and the name and address of the owner-occupant or tenant-occupant or any other occupant of the same; and the name and address of the new proposed owner-occupant or any other proposed occupant; and the name and address of the renting agent, if any; and shall describe the premises to be occupied, including the street address thereof; and a designation of the portion or portions of said premises or structures for which the specific application is being made.
Any person or persons or partnership or firm or corporation, including any real estate broker or real estate agent, or representative, servant or employee of any of the foregoing who in any manner fails to fully comply with the terms and covenants of the within development regulation and which is a part of any transaction resulting in the violation of any of the terms and provisions of the within development regulation shall be deemed to have violated the terms and provisions of the within development regulation and shall be subject to the penalties provided for herein, unless and until a certificate of occupancy, as aforesaid, shall have been issued.
All violations of the within development regulation by any person or persons, partnership, firm or corporation or any agent or servants or representatives of the foregoing, as provided in the within development regulation, whether said person is the owner of the premises, the agent of any party as aforesaid or the tenant or the occupant or occupants, shall be deemed separate and distinct violations for each and every day that said violation may continue, and all parties violating the within development regulation, as aforesaid, shall be deemed jointly and severally liable for any and all such violations.
No tenant, owner or occupant shall permit the use or the occupancy of the dwelling house, dwelling unit or commercial or industrial structure provided for herein without following the procedures set forth and required by the within development regulation and Chapter 72, Construction Codes, Uniform, nor shall any real estate broker or agent or representative of any of the foregoing permit any of the foregoing.