[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:
|
District Name
|
Official Map Designation
|
|---|---|
|
Low Density Residential
|
LR
|
|
Medium Low Density Residential
|
MLR
|
|
Medium Density Residential
|
MR
|
|
Residential Conservation
|
RC
|
|
Historic Village Residential
|
HVR
|
|
Village Business
|
VB
|
|
High Density Residential
|
HR
|
|
Industrial
|
I
|
|
Highway Commercial
|
HC
|
|
Planned Light Industrial/Commercial
|
PIC
|
|
Village Age Restricted
|
VAR
|
The boundaries of these districts are hereby
established as shown on a map entitled, "Zoning Map, Borough of Stanhope,
Sussex County, New Jersey."[1] Where there is uncertainty as to the boundaries of any
of the districts shown on the aforesaid map, the following shall apply:
A.
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.
B.
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.
C.
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.
D.
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]
[1]
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.
[Added 7-13-2021 by Ord. No. 2021-12]
Pursuant to the New Jersey Cannabis Regulatory, Enforcement
Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16),[1] all classes of cannabis licenses, including, but not limited
to, all cannabis establishments, cannabis distributors and/or cannabis
delivery services are hereby prohibited from operating anywhere in
the Borough of Stanhope, except for the delivery of cannabis items
and related supplies by a delivery service.
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
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.
A.
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.
B.
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.
C.
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[1]]
A.
FENCE
WALL
FENCE HEIGHT
SIGHT TRIANGLE
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.
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.
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.
B.
Fence standards.
(1)
Maximum height of fence panel.
(a)
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.
(b)
In side yards, from the face of the building
to the rear lot line, no fence shall exceed six feet in height.
(c)
In rear yards, no fence shall exceed six feet
in height.
(d)
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.
(e)
Greater fence height(s) may be required when
conditions warrant, as determined by the Planning Board.
(f)
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.
(g)
Fencing for all swimming pools must conform
with the currently adopted BOCA code.
(2)
Construction.
(a)
All fences must be of new material or material
approved for use by the Construction Official and constructed in a
workmanlike fashion.
(b)
Regardless of where a fence is to be located,
it shall not be so constructed as to pose a safety hazard.
(c)
The finished side of a single-sided fence shall
face outward from the lot on which it is constructed.
(d)
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.
(e)
Barbed wire construction, if authorized by the
Planning Board for commercial or industrial application, must be at
least eight feet above the ground.
(f)
Adequate screening shall be provided as required
by the Planning Board between residential areas and commercial, business
or industrial zones.
C.
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.
D.
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.
[1]
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.
A.
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.
B.
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.
C.
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:
(1)
The same basic dimensions and floor plans are used
without substantial differentiation of one or more exterior elevations.
(2)
The same basic dimensions and floor plans are used
without substantial change in orientation of the house on the lots.
(3)
The height and design of the roofs are without substantial
change in design and appearance.
(4)
The size, type and location of windows and doors in
the front elevation are without substantial differentiation.
D.
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.
E.
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.
F.
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.
G.
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.
H.
No detached garage building shall be permitted when
space for a garage is already provided or included within premises
attached to a dwelling.
A.
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:
(1)
There shall be no increase in the grade of a lot within
five feet of an adjoining street or property line.
(2)
No grade shall be increased to a slope of greater
than two to one (2:1).
(3)
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.
B.
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.
C.
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]
A.
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.
B.
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.
(2)
Disturbance on steep slopes:
|
Percentage of Change
|
Percentage of Steep Slope Area that may
be Disturbed in Excess of Site Access
| |
|---|---|---|
|
12% to 14.99%
|
30%
| |
|
15% to 25%
|
20%
| |
|
Greater than 25%
|
10%
|
(3)
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.
(4)
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)
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]
(b)
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.
(5)
Roads and driveways shall follow the natural
topography to the greatest extent possible to minimize the cutting
and grading of critical slope areas.
(6)
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.
C.
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]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
