[Amended 5-4-2021 by Ord. No. 1587]
A. 
Any use not explicitly permitted by this Chapter 560 is prohibited. In particular, but without limitation, the following uses are prohibited: trailers, mobile homes and windmills and similar wind-operated electrical-generating devices.
B. 
Pursuant to Section 31b of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16),[1] all commercial nonmedicinal and medicinal cannabis uses, operations, and activities, including, but not limited to, cultivation, dispensaries, distribution, deliveries, manufacturing, processing, microbusinesses, storing, laboratory testing, packaging, labeling and transportation facilities, are prohibited uses anywhere within the Borough of Stone Harbor. This prohibition shall remain in effect until a review by the Planning Board of the Borough land use ordinances and recommendations by said Board on appropriate permitted commercial activity and locations for same.
[1]
Editor's Note: See N.J.S.A. 24:6I-45b.
A public utility building deemed necessary to the service, convenience, or welfare of the public by the Board of Public Utility Commissioners in accordance with the laws of New Jersey may be placed in any district, provided that the building is in keeping with the neighborhood in which it is located, and provided that the building is not used as a storage depot for materials, a garage, or a repair shop in residential districts.
A. 
Generally. Except as otherwise set forth in this § 560-30, detached private garages and accessory buildings shall be subject to the following regulations:
(1) 
Detached private garages and accessory buildings shall be subject to a minimum front yard setback equal to the greater of the setback to the principal structure on the subject lot or 20 feet.
(2) 
Detached private garages and accessory buildings shall be set back not less than 10 feet from side lot lines, provided that all portions of such structures located in the rear yard shall be set back not less than five feet from the side and rear lot lines.
(3) 
The total square footage for all detached private garages and accessory buildings shall not exceed the lesser of 20% of the area of the rear yard or 440 square feet. A "rear yard," for the limited purpose of this § 560-30A(3) only, shall be defined as the area between the rear lines of the principal building as extended to the side lines of the lot, the side lines of the lot, and the rear lot line.
B. 
Notwithstanding any other provision in this § 560-30 to the contrary, upon waterfront lots, the following additional regulations shall apply:
(1) 
Detached private garages and accessory buildings shall be subject to a minimum front yard setback of 20 feet, regardless of the setback to the principal structure, provided that garages having no vehicle access door adjacent to the front property line shall be subject to a minimum front yard setback of 10 feet.
(2) 
No portion of any detached private garage or accessory building shall be located between the rear setback line (including setback lines measured from the established bulkhead line as set forth in § 560-38B) and the rear lot line.
C. 
Detached private garages shall not be constructed upon lots fronting on courts, lanes or alleys.
A. 
Generally.
(1) 
Except with respect to municipal off-street parking and parking regulated by the New Jersey Residential Site Improvement Standards, all off-street parking spaces shall be not less than 10 feet wide and 20 feet long for each vehicle to be accommodated and shall be so located so as to prevent parked vehicles from obstructing the sidewalk.
(2) 
Existing curbing shall not be depressed or removed except when it is necessary to establish access to a driveway, garage, carport or parking area.
B. 
Hotel/motel/multiple dwelling parking requirements.
(1) 
Multiple dwellings, motels and hotels shall provide continuous around-the-clock, on-premises, off-street parking areas. Parking spaces shall be marked off in clearly distinguishable lines or other suitable marking device. Each parking space must be accessible from the street without the necessity of moving other cars, except that each unit in a multiple dwelling may utilize stacked parking as permitted by state law. Access to the parking area from and to the street for the purpose of ingress and egress shall be limited to one two-way driveway or two one-way driveways.
(2) 
Motels and hotels shall provide 1.5 parking spaces for each unit.
(3) 
Multiple dwellings shall provide two off-street parking spaces for each dwelling unit.
(4) 
Any structure containing 10 or more units (dwelling or rental in any combination) shall, in addition to the off-street parking requirements set forth above, provide not less than two on-premises, off-street parking spaces at or near the main entrance of such structure, in an area of at least 300 square feet, for the sole purpose of providing temporary parking to permit the loading or unloading of persons and luggage.
C. 
Parking lots in residential zones. Any business operating as a permitted, conforming use in any zone shall be permitted to operate one parking lot on property located in any residential district, provided that:
[Amended 10-6-2015 by Ord. No. 1467]
(1) 
The parking lot shall be immediately adjacent to, and abut for at least 10 feet, the lot upon which the associated business is situate.
(2) 
The parking lot shall be reserved for the exclusive use of the associated business's customers and/or employees.
(3) 
No fee shall be charged for use of the parking lot.
(4) 
No such parking lots shall be permitted without conditional use approval and site plan approval.
(5) 
No such parking area shall exceed a frontage of 100 feet in any such residential zone.
(6) 
No portion of the vehicular accessway providing ingress to and egress from the parking lot shall be located in excess of 35 feet from the district to which such parking lot is contiguous. However, in the event that a parking lot shall be located in such a fashion as to be contiguous to two residential lots having frontage on a common street with the said parking lot, the vehicular accessway for ingress and egress shall be located equally distant from each residential property.
(7) 
A solid privacy fence shall be erected between the parking area and the residential district and between the parking area and any sidewalk fronting on a street. All portions of said fence located between the parking area and any sidewalk fronting on a street shall be four feet in height. All portions of said fence located between the parking area and the residential district shall be:
(a) 
A height of four feet from the front property line to the required front setback line for the residential district; and
(b) 
A height of six feet from the required front setback line for the residential district to the rear property line.
(8) 
Any change in use on a lot served by a parking lot pursuant to this § 560-31C, which change in use requires site plan review pursuant to Chapter 345, shall terminate the parking lot use.
(9) 
No building or structure shall be permitted on the parking lot, with the exception of signs, fences and lights pursuant to the regulations herein set forth.
(10) 
Lights for illumination purposes may be erected upon standards which shall not be greater than six feet in height. Such lights shall be shaded and angled downward in such a manner as to confine the direct light entirely within the parking lot. Such lights shall be operated by an automatic electric timing device which shall cause the lights on the parking lot to be dimmed between the hours of 11:00 p.m. and 7:00 a.m.
(11) 
(Reserved)
(12) 
Each parking lot shall have a sign, not in excess of five square feet, mounted in its entirety upon the fence at each vehicular accessway to the lot. The sign shall indicate that use of the parking lot is restricted to customers and employees of the associated business, the hours of operation (if applicable), and any other limitations set forth by the owner. Such sign shall be approved in connection with the application for the conditional use permit and site plan approval.
(13) 
The parking lot shall be constructed of bituminous asphalt, concrete or pavers. Each parking space on the lot shall be striped, and the lot shall be kept clean and free of potholes and other dangerous or unsightly objects. The operator of the business property shall be responsible for the proper operation and maintenance of the parking lot.
(14) 
On the outside of the fence adjacent to the front property line, except for sidewalks and driveways, crushed stone, washed stone or grass shall be the ground cover. Between the fence and sidewalk, landscaping, including decorative plantings, shall be installed.
(15) 
The provisions of this § 560-31C shall not be applicable to those parking lots located in a residential zone on June 10, 1980, which lots are hereby declared to be lawful; however, the owners of such lots shall be encouraged to conform to as many of these conditions and requirements as possible in order to avoid unnecessary interference with the residential uses in the district.
D. 
Residential off-street parking standards. The following regulations shall apply to residential lots having an uninterrupted street frontage of 40 feet or more and to lots having an area of 2,200 square feet or more. These regulations shall be applicable in addition to parking regulations imposed by state law, provided that, in the event of a conflict, state law shall control.
(1) 
For all single-family and two-family dwellings, there shall be provided a minimum of two off-street parking spaces per unit, with parking for each unit having independent street access.
(2) 
Residential off-street parking spaces shall be at least nine feet wide and 18 feet long; shall be improved with stones, paving, or such surface as may be approved by the Construction Official for the parking of motor vehicles; and shall be directly accessible from a driveway or a curb cut, provided that residential parking spaces which are accessory to a common dwelling unit may utilize stacked parking.
(3) 
Curb cut regulations.
(a) 
The width of a curb cut shall be:
[1] 
Not less than 10 feet;
[2] 
Not more than 12 feet when providing access to a driveway or parking area measuring less than 18 feet in width; and
[3] 
Not more than 20 feet when providing access to a driveway or parking area measuring 18 feet or more in width.
(b) 
Single-family dwellings. For a single-family dwelling, only one curb cut shall be permitted; provided that lots having a lot frontage of 65 feet or more and corner lots, which lot or lots have four or more off-street parking spaces, are further subject to the following regulations:
[1] 
On a corner lot, one single cut and one double cut, or two single cuts, one on each frontage, shall be permitted; provided that if a corner lot has a width (continuous property frontage) of 65 feet or more, both cuts shall be permitted on one frontage, with at least 20 feet of curbing between the cuts; and further provided that no curb cut shall be located within 25 feet of an intersecting street.
[2] 
On a lot other than a corner lot having a width (continuous property frontage) of 65 feet or more, two single cuts shall be permitted, with at least 20 feet of curbing between the cuts.
(c) 
Two-family dwellings. For two-family dwellings, only one double curb cut, or two single curb cuts with at least 20 feet of curbing between the cuts, shall be permitted, provided that lots having a width (continuous property frontage) of 65 feet or more and corner lots are further subject to the following regulations:
[1] 
On a corner lot, one single cut and one double cut, or two single cuts, one on each frontage, shall be permitted; provided that if a corner lot has a width (continuous property frontage) of 65 feet or more, both cuts shall be permitted on one frontage, with at least 20 feet of curbing between the cuts; and further provided that no curb cut shall be located within 25 feet of an intersecting street.
[2] 
On a lot other than a corner lot having a width (continuous property frontage) of 65 feet or more, one single cut and one double cut or two single cuts shall be permitted, with at least 20 feet of curbing between the cuts.
No signs shall be permitted in the Borough of Stone Harbor except as hereinafter set forth and except as otherwise permitted by the ordinances of this Borough.
A. 
In residential districts, the following signs will be permitted:
(1) 
Signs advertising real estate for sale or rent, including open-house signs, provided that at no time shall more than two such signs, in any combination, be permitted upon the lot.
(2) 
One sign advertising the business of a building contractor, subcontractor or architect; provided that such contractor or subcontractor or architect's sign shall only be permitted while the structure is under construction, or while an alteration or addition is being constructed, and such sign shall be removed immediately upon the issuance of a certificate of occupancy or the completion of the work, whichever occurs first.
(3) 
The signs permitted by § 560-32A(1) and (2) above shall not exceed the overall size of 18 inches in height and 24 inches in width, including the main sign area and any panels or posts contiguous to the main sign, except that supporting posts not to exceed one inch by one inch, or one inch in diameter, may be used to mount the sign. The tops of all such signs, including the posts for same, shall be erected at a height above the ground not to exceed three feet.
(4) 
Boardinghouses or rooming houses may use a sign on the premises not in excess of two square feet.
(5) 
Churches may utilize a sign or bulletin board, not in excess of 20 square feet, to announce services and display other religious notices.
(6) 
Neon and flashing signs are not permitted in Residential A and B and C Districts.
(7) 
Sold signs are not permitted.
B. 
In Business and Light Industry Districts:
(1) 
Up to two signs advertising real estate for sale or rent and no more than one sign for a contractor, subcontractor or architect shall be permitted and shall conform to the residential district requirements for such signs.
(2) 
Signs not in excess of one square foot per foot of street frontage of a building may be erected on the building as accessory to the business(es), except that in no case shall any neon sign in excess of two square feet be erected thereon or located therein where it would be clearly visible from a distance of 10 feet or more from the outside of the building. For a building which fronts upon more than one street, the permitted signage aforesaid for a particular side of the building shall be limited by the street frontage for that particular side. Each business shall be permitted a sign or signs not in excess of one square foot per foot of street frontage for that portion of the building occupied by the particular business, except where there are businesses on more than one floor in the building, in which case the signage shall be as follows:
(a) 
Each business on the first floor shall be entitled to the same signage as businesses in buildings having only one floor.
(b) 
Each business on the second floor shall be entitled to 2/3 of the signage area permitted for the first floor.
(c) 
Each business on the third floor shall be entitled to 1/3 of the signage area permitted for the first floor.
(3) 
Signs shall extend from or be attached to buildings on the lot wherein the business to be advertised is located, and such signs shall not extend beyond the front property line, except that a sign may be affixed flush against a building which encroaches over its property line as long as no hazards for people walking by is created and as long as said sign has a depth or thickness of no more than four inches. Signs shall be located on the building at the particular floor level of the business only, so that, for example, a business on the second or third floor may not have its sign located at the first-floor level of the building. No signs shall advertise a business not located within the building to which the sign is attached. Signs on the top of the building shall not be permitted. This Subsection B(3) shall not apply to projecting signs.
[Amended 9-3-2019 by Ord. No. 1556]
(a) 
Freestanding signs shall not be permitted from Memorial Day to Labor Day. They will be permitted from the day after Labor Day to the day before Memorial Day according to the following rules:
[1] 
No more than one sign per business.
[2] 
Permitted only when business is open.
[3] 
Shall not exceed 36 inches in height and 24 inches in width.
[4] 
Must not be in the public right-of-way (shall not extend beyond the property line).
[5] 
Shall not have any type of lighting whatsoever.
[6] 
Must immediately be taken down in inclement weather.
(4) 
Not more than 10% of the total front window area shall be used for signs, whether painted upon the windows or affixed to the outside or inside thereof.
(5) 
The lettering shall consist of only the business name, specialty, and messages concerning the conduct and quality of the business.
(6) 
All sign and building front lighting is to be arranged to minimize glare. Unshielded lights, blinking lights, flashing lights, and rotating signs shall not be used. In addition, signs advertising businesses and events shall not be carried, whether in the hands, over the shoulders as a sandwich board sign, or otherwise, along the streets and sidewalks of this Borough.
(7) 
Boardinghouses, rooming houses, motels and multifamily dwellings may have a sign on the premises not in excess of 20 square feet.
(8) 
Sold signs and subcontractors' signs shall not be permitted, except that subcontractors' signs and general contractors' signs, in conformance with the regulations of this section, shall be permitted upon the business office building of such subcontractors and general contractors.
(9) 
All first-floor businesses in the Business District and Waterfront Business District shall be permitted one projecting sign not to exceed five square feet in total area (per side) and not to exceed three feet in width or height, provided that this Subsection B(9) shall not apply to businesses in buildings upon which an awning or canopy is constructed. The area of projecting signs shall be included in the total permitted sign area established in § 560-32B(2). Projecting signs shall be designed by a professional sign maker and constructed of natural materials (such as wood or iron) or a synthetic replica of natural materials. Lettering shall consist of only the business name, specialty, and messages concerning the conduct and quality of the business conducted on the premises and shall not include phone numbers. Projecting signs shall be perpendicular to the facade of the building to which they are attached and hung by a decorative bar, which bar shall not be constructed of wood. Projecting signs shall be attached directly to the building housing the business advertised thereon or under a canopy (see § 560-40) thereof, provided that no sign shall extend more than four feet from the building facade. Projecting signs shall have a minimum height of 7 1/2 feet above the surface of the sidewalk and shall have a maximum height of 12 feet above the surface of the sidewalk. Projecting signs shall not obstruct other signs or movable windows or doors.
C. 
Nonconforming buildings and uses. Signs to be located upon property upon which nonconforming buildings, structures and/or uses exist shall conform with the provisions of this section for signs in business and light industry districts; provided that no such sign shall exceed five feet in length or four feet in height; and further provided that, if the sign is to be located in a residential district, it shall be permitted despite the general prohibition against such signs, but said sign shall be subject to the specific prohibitions and regulations contained in Subsection A.
D. 
Temporary advertising devices, signs, flags, banners and other symbols. No device, including sign, banner, flag, balloon or symbol of any type, used for temporary advertising shall be permitted unless it complies with all Borough sign and flag ordinances and a permit has been obtained from the Construction Official of this Borough. Any such advertising device shall be permitted only once in any calendar year and for a period of time not to exceed 10 consecutive days. Temporary signs conforming to Section 560-32B(3)(a) will be exempt from this constraint.
[Amended 9-3-2019 by Ord. No. 1556]
E. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection E, Political signs, was repealed 9-19-2017 by Ord. No. 1508.
F. 
Signs on Borough property. The Borough of Stone Harbor has certain police power obligations that require the posting of a host of various types of signs upon Borough property throughout the Borough. That authority exists independent of the zoning power, the administration of which has been delegated to the land use boards under the Municipal Land Use Law, thus allowing the posting of these types of signs independent of zoning considerations. Signs that do not come within the police power obligations of the Borough, but which are approved by resolution of Borough Council, shall be allowed on the property of the Borough.
A. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection A, Residential building height, as amended, was repealed 10-15-2013 by Ord. No. 1432.
B. 
Interpretation. Except as otherwise expressly provided, "building height" shall include all appurtenances attached or erected upon any roof or top of a building, such as signs, radio towers, water tanks, elevators, penthouses, parapet walls or structures of any kind, nature or description.
C. 
Height exceptions. Mechanical structures affixed to and rising above a roof, including, without limitation, chimneys, solar panels and air conditioners, shall be excepted from height limitation; provided that they are built no higher than the minimum height required by building or construction codes or, in absence of such codes, no higher than three feet above the highest point of the roof.
D. 
Height of decks.
[Amended 11-19-2019 by Ord. No. 1560]
(1) 
The floor of all decks located above a flat roof shall be no greater than six inches above the height of the roof below.
(2) 
The floor of all decks which are not located above a flat roof shall be no higher than the floor of the highest habitable floor in the principal structure.
(3) 
Every deck having a floor higher than the highest story of the principal structure shall be situated directly above a fully enclosed habitable area.
[Amended 3-19-2024 by Ord. No. 1660]
(4) 
In no event shall any deck having a floor situated above two stories be covered with a roof, fixed awning or other permanent cover.
[Amended 3-19-2024 by Ord. No. 1660]
(5) 
On a single-story structure having a pitched roof, the floor of an outside deck shall be no higher than 10 feet above floor level.
E. 
Proof of compliance with height restrictions required during construction. At specific intervals during the construction of all new construction and/or the renovation/alteration of any structure where such renovation/alteration may potentially change the height of the structure, a site survey prepared by a New Jersey Professional Land Surveyor shall be provided to the Zoning Officer for review and approval as follows:
[Amended 10-16-2018 by Ord. No. 1532]
(1) 
Upon completion of the foundation, a survey indicating the elevation to the top of the block, top of the freeboard and finished grade in relation to the top-of-curb height applicable to the property. In addition, all setbacks from property lines shall be indicated.
(2) 
Upon completion of the roof framing and sheathing, a survey of the elevation to the highest peak of the roof from the top of the block, top of the freeboard and finished grade in relation to the top-of-curb height applicable to the property. In addition, all setbacks from the property line shall be indicated. This shall include the height and location of any accessory structures on the lot. No framing inspection shall be performed on the property unless and until this provision is complied with.
(3) 
Upon application for the final certificate of occupancy, a survey showing the elevation to the highest roof peak from the top of the block, top of the freeboard and finished grade in relation to the top-of-curb height applicable to the property. In addition, the height and location of all structures on the lot, both in size and setbacks from the property lines. Where applicable, grade throughout the property shall also be shown to indicate conformance with the approved grading plan and shall indicate all impervious surfaces along with any underground storage provided in conformance with the code.
On corner lots, all portions of all buildings, except buildings which are two-family dwellings, must be at least 10 feet inside of all property lines, except a detached accessory building, which may be within five feet of a property line abutting an adjacent rear yard. The total width requirements for two-family-dwelling side yards is also applicable to corner lots with two-family structures. Private garages and other accessory buildings shall not occupy more than 20% in toto of the remaining unoccupied ground area of the lot, exclusive of required front and side yard areas.
A. 
Right to continued existence and expansion in certain cases.
(1) 
A lawful conforming structure or use which becomes nonconforming by a change in the zoning ordinances of this Borough may be continued upon the lot or in the structure occupied.
(2) 
No additions to or expansion of nonconforming uses shall be permitted.
(3) 
Additions to or expansion of conforming structures (containing only conforming uses situated upon nonconforming lots) and additions to or expansions of nonconforming structures (containing only conforming uses) shall be permitted without regard to lot area and lot frontage requirements as long as the addition or expansion does not create, expand or increase any nonconformity. This Subsection A(3) shall not permit the vertical expansion of any improvements located in a required setback area.
[Amended 7-16-2013 by Ord. No. 1426; 11-19-2019 by Ord. No. 1559]
(4) 
Exception to permit raising a nonconforming structure. It shall be lawful to raise a nonconforming structure which is below the Borough's flood elevation requirements as set forth in Chapter 300 up to the Borough's flood elevation requirements as set forth in Chapter 300, provided the nonconforming structure is not otherwise expanded or relocated in such a manner as to increase or create a nonconformity. In so doing, the structure may be disconnected from all utilities without losing its protected status as a nonconforming structure. This § 560-35A(4) shall not relieve any applicant from maximum building height regulations, except as may be permitted by state law.
[Amended 2-19-2013 by Ord. No. 1416; 10-15-2013 by Ord. No. 1432; 11-19-2019 by Ord. No. 1559]
B. 
Abandonment/termination of nonconforming uses. Whenever a nonconforming use has been abandoned or changed to a conforming use or to a different nonconforming use, it may not revert to the previous nonconforming use nor to any other nonconforming use. Discontinuance of a nonconforming use for a period of 18 or more consecutive months shall create a rebuttable presumption of abandonment. Upon the abandonment of any nonconforming use, any subsequent use of the land or structures shall conform to the regulations of the district wherein it is located.
C. 
Grandfather clause for isolated undersized lots.
[Amended 11-19-2019 by Ord. No. 1559]
(1) 
Any isolated, undersized lot which fails to meet minimum lot area and/or minimum lot frontage requirements may be developed with a single-family home without the need for lot area or lot frontage variance relief; provided the following conditions are met:
(a) 
In the Residential A and Residential B Zoning Districts, the property shall have minimum lot area of 5,000 square feet and minimum lot frontage of 50 feet;
(b) 
In the Residential C Zoning District, the property shall have minimum lot area of 2,200 square feet and minimum lot frontage of 40 feet; and
(c) 
The property shall not have been subdivided otherwise reduced in lot area or lot frontage since September 16, 1986.
(2) 
For the purposes of this § 560-35C, a lot shall not lose its character as an isolated lot if.
(a) 
It is only contiguous to another lot in common ownership at a point, or
(b) 
It is only contiguous with another lot in common ownership having lot frontage on a different street, court or lane at one or both of the rear lot lines.
(3) 
This § 560-35C shall be strictly construed to grant relief solely from minimum lot area and lot frontage requirements.
[Amended 7-2-2024 by Ord. No. 1668]
For a lot located in two districts, the regulations of the more-restrictive district shall be applied to the entire lot; except in the case of a residential use in a business zone in which case the residential standards for the particular residential use shall apply.
A. 
Back-to-back lots. If a lot is combined with an adjacent lot to its rear having frontage on a different street, court, lane or alley (commonly referred to as "back-to-back" lots), no merger of the lots shall occur, and the applicable rear yard setbacks and other zoning requirements must be maintained on both of such lots.
B. 
Transfer of contiguous lots.
(1) 
Permit required. Whenever an owner or group of owners owns contiguous lots, no transfer of less than all of such contiguous lots shall be permitted without obtaining a land transfer permit from the Zoning Officer. Each applicant shall supply the Zoning Officer with an accurate survey, as defined by Chapter 1, Article II, of the Code of the Borough of Stone Harbor. Such land transfer permit shall automatically expire unless a deed making such transfer is recorded in the office of the Cape May County Clerk within 90 days of the issuance of the permit.
(2) 
Lots to conform with zoning ordinances. No land transfer permit shall be issued in any situation where the transfer of some contiguous lots results in any nonconformity with the zoning ordinances of the Borough either to the lots transferred or the lots retained.
A. 
Bulkhead setback (beachfront). On properties contiguous to a public beach adjacent to the Atlantic Ocean, no building or other structure shall be constructed or expanded within 12 feet of the Borough bulkhead; provided that any property owner who executes and delivers to the Borough a written easement, in form and content satisfactory to the Borough, which authorizes the Borough to come onto private property and remove any obstructions necessary for the purpose of removing, repairing or replacing the bulkhead, may be permitted to construct certain structures within said 12 feet (as long as said construction is on said property owner's property only), such as open decks, fences, wave barriers and other similar structures. A construction permit for the construction or repair of any existing structures within said 12 feet shall be issued upon the execution and delivery to the Borough of their written easement above set forth. Open decks and similar structures may be built no higher than the horizontal plate of the bulkhead, except for handrails. Fences, wave barriers and similar structures can be built to a height not to exceed four feet above the top of the horizontal plate of the bulkhead. All such structures, however, may be subject to damage or removal in connection with removal, repair or replacement of the bulkhead, and the expense of the removal, repair and/or replacement of such structures shall be borne by the property owner. All such structures must comply in all respects with the zoning and other ordinances of the Borough.
B. 
Bulkhead setback (bay waters and lagoons). On properties contiguous to back bay waters and lagoons, no building or other structure shall be located or erected within 10 feet of the established bulkhead line, except that an uncovered open deck, with or without hand railings, may be located or constructed between the main building and the bulkhead to a maximum of 8.7 feet NAVD 88; a private residential swimming pool may be located or constructed between the main building and a point which is five feet inland of the bulkhead to a maximum of 8.7 feet NAVD 88; and a landing measuring four feet or less in width and four feet or less in depth may be constructed at or below the height of the lowest finished floor of the principal structure along with stairs from said landing to a deck permitted under Subsection B(1) above, provided that such landing and stairs are constructed for the purpose of gaining access to the principal structure, and no such landing or stairs may be constructed in any side yard or within six feet of the established bulkhead line.
[Amended 10-15-2013 by Ord. No. 1432; 8-7-2018 by Ord. No. 1526]
C. 
Piers and docks. Piers or docks, with or without hand railings, located or constructed between a bulkhead and the rear property line (or beyond with appropriate municipal approval) shall not exceed the height of the top of the horizontal plate of the bulkhead, except for hand rails and exclusive of stairways and ramps, and shall not occupy more than 50% of the area bounded by the bulkhead and the property lines.
D. 
Setback exceptions.
[Amended 2-19-2013 by Ord. No. 1416; 10-15-2013 by Ord. No. 1432; 3-19-2019 by Ord. No. 1541; 4-18-2023 by Ord. No. 1632; 11-7-2023 by Ord. No. 1656; 3-19-2024 by Ord. No. 1661]
(1) 
Notwithstanding the setback requirements set forth in Article IV above, the following shall be permitted in yard spaces in all zoning districts unless otherwise noted:
(a) 
Landings/stairs.
[1] 
For all residential buildings having an elevation at or above design flood elevation, as defined in Chapter 300, stairs or steps leading to a first-floor entrance landing or porch shall be permitted in yard spaces in all zoning districts, provided that i) no such stairs or steps shall be located less than five feet from a front property line or less than 3 1/2 feet from a side or rear property line, except in the Residential C and Residential D Zoning Districts, where no such stairs or steps shall be located less than two feet from a side property line; and ii) stairs or steps located in a front yard setback shall not exceed 25% of the building length as defined in § 560-10.
[2] 
For all residential buildings having an elevation below design flood elevation as defined in Chapter 300, stairs or steps leading directly to a first-floor entrance landing or a porch shall be permitted in yard spaces in all zoning districts, provided that i) no such stairs or steps shall be located less than five feet from a property line, except in the Residential C and Residential D Zoning Districts, where no such stairs or steps shall be located less than two feet from a side property line; and ii) stairs or steps located in a front yard setback shall not exceed 25% of the building length as defined in § 560-10.
[3] 
This § 560-38D(1)(a) shall not permit landings to be located in any front yard setback.
[4] 
Landings not exceeding five feet in length or five feet in width shall be permitted in side yard and rear yard setbacks; provided that no such landing shall i) be located less than five feet from a property line, except in the Residential C and Residential D Zoning Districts, where no such landing shall be located less than two feet from a side or rear property line; nor ii) be elevated above design flood elevation.
(b) 
Outside shower enclosures, which shall not exceed four feet by eight feet in length and width, shall not exceed seven feet in height, and shall not encroach more than four feet into the yard space; provided that no shower enclosure shall be less than six feet from a side property line in the Residential A and Residential B Zoning Districts nor less than two feet from a side property line in the Residential C and Residential D Zoning Districts. Outside showers are prohibited in front yards.
(c) 
Trash receptacle enclosures which shall not exceed four feet in height; provided that encroachments into side yards or front yards shall not exceed four feet; and further provided that no trash receptacle enclosure shall be closer to the front or side property lines than five feet in the Residential A and Residential B Zoning Districts nor closer than two feet in the Residential C and Residential D Zoning Districts.
(d) 
Bay windows, chimneys, and window seats having no floor area; provided that they do not extend more than 20 inches into the yard space; and further provided that the windows, chimneys, and window seats having no floor area shall not exceed 10 feet in width and shall be separated from each other by a minimum horizontal distance of 10 feet. Should bay windows, chimneys, and window seats having no floor area not have footings or foundations, they shall not be counted as lot coverage or building coverage. Any and all bay windows, chimneys, and window seats which have footings or foundations shall be counted as lot coverage and building coverage and shall comply with all applicable setback requirements. The purpose of the aforesaid deviations from the setback requirements is to permit aesthetic enhancement to structures in the case of bay windows and window seats and for proper ventilation in the case of chimneys. This section shall supersede and control to the extent its provisions conflict with the definitions of "lot coverage" and "building coverage." Not permitted in the Residential D Zoning District.
(e) 
Eaves; provided that they do not extend more than 20 inches into any yard space; and further provided that eaves extending from bay windows and/or window seats permitted under § 560-38D(4) may extend an additional eight inches into a side yard space. In no event shall any eave extend to within three feet of any property line.
(f) 
Heating, air-conditioning and circulating equipment; provided that they do not encroach more than five feet into any yard space; and further provided that they are no closer than two feet to any side, rear, or front property line.
(g) 
Fences; provided that no fence shall exceed four feet in height, with the exception of fences enclosing swimming pools subject to § 560-43.
(h) 
Lampposts, which shall be of a single-globe type only, at a height not to exceed seven feet above grade. The light intensity shall not exceed the lumen output of a standard one-hundred-watt frosted incandescent lamp or 1,750 lumens, whichever is higher.
(i) 
Arbors and trellises, provided that:
[1] 
No arbor or trellis shall exceed eight feet in height, five feet in width (inside dimension) or five feet in depth.
[2] 
Arbors and/or trellises greater than four feet in height and located on a single lot or parcel shall be separated by a minimum distance of 25 feet.
[3] 
Arbors and trellises shall not be placed in the site triangle on any corner lot.
[4] 
Any fence, latticework, bench or decorative structure attached to, extending from or running with an arbor or trellis shall not exceed four feet in height, if these structures are contained within a required yard setback.
(2) 
Notwithstanding the foregoing, no provision of this § 560-38D shall permit the construction of improvements in any required yard space which is adjacent to any beach or bay waters.
A. 
General purpose: to permit certain home occupations which are incidental to the residential use of the premises, are compatible with residential uses, are limited in extent, degree and time, and do not detract from the residential character and quality of the neighborhood; to protect residential areas from any adverse impacts associated with home occupations and protect residential property values; and to ensure that the health, safety and welfare of neighbors and residents are protected and that their rights are not compromised in any manner whatsoever by the operation of the particular home occupation.
B. 
Use limitations. A home occupation shall be conducted in a manner which does not give an outward appearance of nor manifest any external tangible characteristics of a business which would infringe upon or in any way interfere with the right of neighboring residents to enjoy the peaceful occupancy of their dwelling units or infringe upon or change the intent, character and/or ambiance of the residential zone. Home occupations shall be clearly incidental and secondary to the use of a dwelling for residential purposes. Home occupations shall be an acceptable and allowable use in all residential zoning districts, subject to the following limitations:
(1) 
No home occupation use is permitted if it shall constitute a threat to public health, safety, welfare or morals, such as the following.
(2) 
No illegal or illicit uses shall be allowed under any circumstances.
(3) 
No sign or notice is permitted in connection with a home occupation.
(4) 
Uses which produce fluctuations in utility service, disruptions in communications systems, radio, television and other communications transmissions of other persons are not permitted.
(5) 
There shall be no uses which result in or cause interference with the delivery of utilities or other services to the area.
(6) 
Home accessory uses shall comply with all local, state and federal laws and regulations pertinent to the activities involved.
(7) 
There shall be no storage of equipment, supplies or products associated with the home occupation outside the dwelling.
(8) 
No machinery, equipment or materials of any kind other than that which is typically associated with residential uses, home offices or personal hobbies are permitted to be physically located on the premises.
(9) 
There shall be no outside storage or window display and similar conditions.
(10) 
The parking of customer or client vehicles shall not create safety hazards or congestion. On-site, off-street parking or parking in public parking lots off the street shall be required for all employees, clients, customers and others present on the premises for a period of more than one hour in connection with the home occupation.
(11) 
Wholesale or retail sales are prohibited unless they are conducted via mail or telecommunications and do not involve the sale, shipment or delivery of merchandise to and from the premises.
C. 
Enforcement and penalties. The responsibility for the administration and enforcement of the provisions of this article are assigned to the Administrative Officer.
Canopies or similar devices shall be permitted to extend into a front yard and to extend over the sidewalk in the Business, Waterfront Business and Light Industry Zoning Districts, subject to the following regulations:
A. 
No portion of the canopy shall be constructed or used for dwelling purposes, which purpose shall be deemed to include the use thereof as a sun deck or balcony.
B. 
The lowest portion of the canopy shall maintain a minimum clearance height of nine feet above the average sidewalk level.
C. 
Projection out over the sidewalk from the main building shall not exceed the lesser of seven feet or the distance from the main building to the curb.
D. 
Height shall not exceed 16 feet above the average sidewalk level.
E. 
This § 560-40 shall in no way diminish the right of the Borough of Stone Harbor to require the removal of improvements located in or above the public right-of-way.
[Amended 4-17-2012 by Ord. No. 1401]
A. 
Retractable awnings of canvas or similar material and all permitted flags shall be allowed to extend over a portion of the sidewalk in Business and Light Industry Districts. However, the lowest portion of the awning or flag that extends over the sidewalk shall be no lower than seven feet above the level of the sidewalk.
B. 
No portion of the awning or flagpole shall extend outward from the building further than six feet.
C. 
No flag shall exceed either five feet in length or three feet in width, and no more than one flag may be flown by any business or industry at one time.
D. 
"Open" flags are permitted all year in business districts. "Open" flags are those flags that indicate the business is open.
E. 
A "permitted flag," as the term is used in this section, is limited to a flag of the United States of America, of the State of New Jersey, of the Borough of Stone Harbor, or of the Stone Harbor Chamber of Commerce.
The following shall apply to all uses in all zones except single-family and two-family dwellings:
A. 
Solid waste must be housed within the confines of a structure and kept out of sight of the public and customers when not being loaded or collected. There must be provision for protection against odor and leakage as well.
B. 
Accessibility for collection by the Borough must be maintained.
C. 
Wash-down facilities must comply with Chapter 466, Article VII, of the Code of the Borough of Stone Harbor.
D. 
Approval by the Construction Official's office is required of the plans and specifications for solid waste enclosures.
Subject to the provisions of the definition of "lot coverage" in § 560-10:
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ABOVEGROUND POOL
Any portable or nonportable pool located above the ground level having a water surface area of more than 25 square feet.
NONREGULATED POOL
Sunken pools having a depth of less than 18 inches and portable aboveground pools with a water surface area of less than 25 square feet.
PORTABLE SWIMMING POOL
Those pools which are not permanently installed, do not require water filtration, circulation or purification, do not exceed a water surface area of 25 square feet and do not require braces or supports.
PRIVATE RESIDENTIAL SWIMMING POOL
Any sunken pool having a depth of 18 inches or more and designed, used or maintained for swimming by a property owner, his household and guests and located on his lot as an accessory use to a single-family dwelling or two-family dwelling.
PUBLIC SWIMMING POOL
Any sunken pool designed, used or maintained for swimming and bathing purposes by a hotel, motel, multiple dwelling, club, person or association of persons, for use by its owners, members and guests and/or members of the general public, or any other pool not designated as a private residential swimming pool.
SUNKEN POOL
Any swimming pool having more than 25 square feet of water surface and protruding above the average natural grade not more than eight inches; or in the case of pools adjacent to bay waters and lagoons, having a height not to exceed 8.7 feet NAVD 88.
[Amended 8-7-2018 by Ord. No. 1526]
B. 
Requirements for nonregulated pools. Nonregulated pools are permitted anywhere on a property owner's lot at any time.
C. 
Permit required. It shall be unlawful to construct, install or enlarge any swimming pool in the Borough without a building permit.
D. 
Location of swimming pools.
(1) 
No portion of a private residential swimming pool shall be located within 10 feet of any side or rear property line or within 20 feet of a front property line.
(2) 
No portion of a public swimming pool shall be located within 10 feet of any property line.
(3) 
Pumps, filters, pool water disinfectant equipment and other similar equipment accessory to a swimming pool's use shall be located not less than five feet from any side or rear property line nor less than 10 feet from any front property line.
(4) 
Aboveground pools shall comply with all yard and lot coverage requirements of the particular zone in which they are located, shall not exceed a height of six feet above curb level, and shall be screened by landscaping.
(5) 
Public swimming pools are prohibited in residential zones.
(6) 
Pools located above the first floor of a commercial structure, multifamily structure or motel structure, located within the Business Zone, Waterfront Business Zone or the Light Industry Zone, shall not be considered aboveground pools for the purpose of this § 560-43D.
E. 
Fencing.
[Amended by 4-18-2023 by Ord. No. 1632]
(1) 
Swimming pools, other than nonregulated pools, shall be completely enclosed by a fence not less than four feet and not more than six feet in height, which shall be measured from the ground immediately contiguous to the fence, except where otherwise required by § 560-43E(2). Fence panels shall not exceed 48 inches and a final height to top of panel shall not exceed 54 inches. All fencing, gates and latching devices shall be in compliance with state regulations and codes. All fences exceeding 54 inches in height shall be no closer than five feet to any property line.
(2) 
Fence requirements necessary to comply with the Construction Code and International Pool and Spa Code requirements for fencing securing a pool area may change by the compliance of adjacent properties with §§ 560-50 and 560-26. It is the responsibility of the property owner where the pool is located to comply at all times with the fence height requirements for securing a pool. Where adjacent lot grades have been elevated due to lot grading requirements, fence heights exceeding four feet will be permitted. The height of the fence will be measured from the adjacent grade to allow for compliance with all applicable codes and standards. Fences will not be permitted to be higher than the minimum height required by building or construction codes.
(3) 
A pool made noncompliant as a result of adjacent lots being raised in compliance with §§ 560-50 and 560-26 shall have 180 days to bring the pool fencing into compliance from the date of notification of noncompliance by the Construction Official and shall be permitted to maintain the fence where it is located. There shall be no permit fee for the issuance of a fence permit to bring a noncompliant fence into compliance under this section.
[Amended 11-7-2023 by Ord. No. 1656]
F. 
Lighting restrictions. Lights shall be shaded and angled downward in such a manner as to confine the direct light entirely within the fenced-in pool area.
G. 
Health requirements. The physical, chemical and bacterial qualities of the water of all pools shall comply with all federal and state regulations and requirements. All swimming pools shall have the necessary equipment for the disposal of all water, including pool water, pool overflow water and wastewater, into the sanitary sewage system of the Borough of Stone Harbor. Disposal of any such wastewater into the Borough's storm drainage system or any natural waters of this state shall be prohibited, unless a permit for same has been obtained, prior to said disposal, from the State Department of Environmental Protection.
H. 
Inspections. Owners or occupants of land containing swimming pools shall permit officials of the United States, the State of New Jersey, Cape May County and the Borough of Stone Harbor to inspect such pools at all reasonable times.
I. 
Noise and nuisances. The owners and occupants of any property containing a pool shall comply with all noise and nuisance regulations of the Borough.
Subject to the provisions of § 560-35, any building substantially destroyed by fire, explosion, flood, windstorm or other phenomena of nature shall be demolished or necessary permits for the repair or reconstruction shall be obtained within one year from the date it was substantially destroyed.
A. 
As used in this section, "tent" shall mean a portable shelter of canvas or skins or similar material stretched over a supporting framework of poles, ropes and/or pegs.
B. 
The erection of tents on a temporary basis, not to exceed 72 hours, shall be permitted upon private property, or upon public property with the consent of the Borough of Stone Harbor Borough Council and only where an applicant seeking to erect said tent(s) is either the Borough of Stone Harbor and/or its municipal agencies or a bona fide not-for-profit organization acting within their scope of their purpose as a not-for-profit organization.
[Amended 12-21-2021 by Ord. No. 1602]
C. 
It shall be unlawful to erect a tent exceeding 120 square feet prior to obtaining a zoning permit. Permits for a tent or tents shall be granted no more than twice in any calendar year for a property, provided that any nonprofit charitable organization, as hereinafter defined, shall be permitted to erect tents on any property in the Business District or Waterfront Business district, without limit, in any calendar year. A “nonprofit charitable organization” is defined as an organization determined by the Internal Revenue Service to be a tax-exempt organization pursuant to § 501(c)(3) or (4) of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3) or (4), further provided that if the property of any such organization is used for the placement of a tent by the Borough in connection with official Borough functions, such tents shall not be included in calculating the number of occasions tents were erected on such property.
[Amended 5-17-2016 by Ord. No. 1481; 7-5-2016 by Ord. No. 1483]
(1) 
There shall be a tent permit flat fee charge in the amount of $ 275 per permit.
Type
Fee
Minimum fee for building
$100
Minimum fee for zoning
$100
Certificate of occupancy
$35
Utility fee added
$40
D. 
It shall be unlawful to permit any tent to remain erected on a property in excess of 72 hours.
E. 
Fee for water anchors; penalty.
[Added 3-3-2015 by Ord. No. 1457]
(1) 
In connection with a zoning permit issued under § 560-46C, for tents that are erected upon the property of organizations that are exempt from the payment of water rents to the Borough, the list of these organizations being maintained in the Borough Clerk’s office, there shall be required the payment of a fee of $100, in addition to any other applicable fee, for the erection of any tent where the anchors used require filling vessels with water drawn from the Borough’s water system. In order to assist with conservation efforts, persons erecting such tents are encouraged to utilize alternative anchoring systems that don’t require the use of water. The Zoning Officer shall be responsible for collecting the fee established hereunder.
(2) 
Any person utilizing water anchors for such tents without disclosing the use of same to the Zoning Officer and failing to pay the required fee shall be deemed in violation of this section, subject to the issuance of a summons by the Zoning Officer, and shall be subject to a minimum fine of $100 and up to an amount not to exceed the maximum amount allowed by law in the Municipal Court.
A. 
Purpose. The Borough Planning Board of the Borough of Stone Harbor has adopted a Master Plan which includes a recommendation that all public utilities provided by wire transmission and currently located upon poles within the Borough be placed underground in order, among other things, to minimize storm damage to such utilities and skyline clutter caused thereby.
B. 
Definition of "new construction." For purposes of this section, the following terms shall have the meanings indicated:
NEW CONSTRUCTION
Includes:
(1) 
Construction of a new dwelling unit or units or a new commercial unit or units.
(2) 
Renovation, alteration or remodeling which alters 50% or more of the total assessed value of the structure as determined by the Stone Harbor Tax Assessor.
C. 
Utilities to be placed underground. All new construction projects shall place all of their wires and/or cables associated with utilities, including but not limited to those required for all electric, communication and cable TV services, underground in subsurface conduits or other suitable and acceptable method of underground installation in accordance with the provisions of the applicable standard terms and conditions incorporated as part of the servicing utility's tariff and on file with the State of New Jersey Board of Public Utility Commissioners and in compliance with all applicable safety standards to prevent danger to members of the public.
D. 
Limitations on location of underground utilities. All utility services placed underground in compliance herewith shall be located upon the property of the owner. All services required to cross any roadway shall cross under such roadway via processes that do not result in the opening of the street, such as those commonly known as "moling" or tunneling under the roadway, except that, as allowed or required under the authority of the statutes of the State of New Jersey related to identifying the location of underground utilities such as gas lines, water lines or similar facilities, as limited an opening as possible may be made for purposes of such location. All services shall be placed as a continuous run from the utility pole underground to the termination point on the structure to be supplied with electric, communication and cable TV services. Any aboveground facilities necessary for the placement of such utilities underground shall not be placed in any public right-of-way but shall be placed upon the property of the owner.
E. 
Exceptions. If such utilities cannot reasonably be placed underground due to topographic or geologic condition of the land or due to technological circumstances, and the applicant can provide documentation from the relevant utility provider to adequately demonstrate the lack of feasibility of the same to the satisfaction of the Borough Engineer, a waiver of this requirement may be granted by the Borough Engineer.
F. 
Application of this section. This section shall apply to any and all construction permits issued on or after May 1, 2003.
[Added 3-3-2026 by Ord. No. 1704[2]]
A. 
Introduction and applicability.
(1) 
This section of the Code sets forth regulations regarding the very-low-, low- and moderate-income housing units in Borough of Roseland consistent with the provisions outlined in P.L. 2024, Chapter 2, including the amended Fair Housing Act ("FHA") at N.J.S.A. 52:27D-301 et seq., as well as the Department of Community Affairs, Division of Local Planning Services ("LPS") at N.J.A.C. 5:99 et seq., statutorily upheld existing regulations of the now-defunct Council on Affordable Housing ("COAH") at N.J.A.C. 5:93 and 5:97, the Uniform Housing Affordability Controls ("UHAC") at N.J.A.C. 5:80-26.1 et seq., and as reflected in the adopted municipal Fourth Round Housing Element and Fair Share Plan ("HEFSP").
(2) 
This section is intended to ensure that very-low-, low- and moderate-income units ("affordable units") are created with controls on affordability over time and that very-low-, low- and moderate-income households shall occupy these units pursuant to statutory requirements. This section shall apply to all inclusionary developments, individual affordable units, and 100% affordable housing developments except where inconsistent with applicable law. Low-income housing tax credit financed developments shall adhere to the provisions set forth below in Subsection A(5)(c) below.
(3) 
The Borough of Stone Harbor Planning Board has adopted a HEFSP pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-1, et seq. The Fair Share Plan describes the ways the municipality shall address its fair share of very-low-, low- and moderate-income housing as approved by the Superior Court and documented in the Housing Element.
(4) 
This section implements and incorporates the relevant provisions of the HEFSP and addresses the requirements of P.L. 2024, Chapter 2, the FHA, N.J.A.C. 5:99, NJ Supreme Court upheld COAH regulations at N.J.A.C. 5:93 and 5:97, and UHAC at N.J.A.C. 5:80-26.1, as may be amended and supplemented.
(5) 
Applicability.
(a) 
The provisions of this section shall apply to all affordable housing developments and affordable housing units that currently exist and that are proposed to be created pursuant to the municipality's most recently adopted HEFSP, excluding those affordable housing units that were subject to a written agreement, rezoning or approval prior to the end of the Third Round on June 30, 2025.
(b) 
This section shall also apply to any unanticipated future developments that will provide very-low-, low- and moderate-income housing units.
(c) 
Projects receiving federal low income housing tax credit financing and are proposed for credit shall comply with the low/moderate split and bedroom distribution requirements, maximum initial rents and sales prices requirements, affirmative fair marketing requirements of UHAC at N.J.A.C. 5:80-26.16 and the length of the affordability controls applicable to such projects shall be not less than a 30-year compliance period plus a 15-year extended-use period, for a total of not less than 45 years.
B. 
Definitions. As used herein the following terms shall have the following meanings:
95/5 RESTRICTION
Means a deed restriction governing a restricted ownership unit that is part of a housing element that received substantive certification from COAH pursuant to N.J.A.C. 5:93, as it was in effect at the time of the receipt of substantive certification, before October 1, 2001, or any other deed restriction governing a restricted ownership unit with a seller repayment option requiring 95% of the price differential to be paid to the municipality or an instrument of the municipality at the closing of a sale at market price.
ACCESSORY APARTMENTS
Means a residential dwelling unit that provides complete independent living facilities with a private entrance for one or more persons, consisting of provisions for living, sleeping, eating, sanitation, and cooking, including a stove and refrigerator, and is located within a proposed preexisting primary dwelling, within an existing or proposed structure that is an accessory to a dwelling on the same lot, constructed in whole or part as an extension to a proposed or existing primary dwelling, or constructed as a separate detached structure on the same lot as the existing or proposed primary dwelling. Accessory apartments are also referred to as "accessory dwelling units."
ACT
Means the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq.
ADAPTABLE
Means constructed in compliance with the technical design standards of the barrier free subcode adopted by the Commissioner of Community Affairs pursuant to the "State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.) and in accordance with the provisions of Section 5 of P.L. 2005, c. 350 (N.J.S.A. 52:27D-123.15).
ADMINISTRATIVE AGENT
Means the entity approved by the Division responsible for the administration of affordable units, in accordance with N.J.A.C. 5:99-7, and UHAC at N.J.A.C. 5:80-26.15.
AFFIRMATIVE MARKETING
Means a regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.16.
AFFIRMATIVE MARKETING PLAN
Means the municipally adopted plan of strategies from which the administrative agent will choose to implement as part of the affirmative marketing requirements.
AFFIRMATIVE MARKETING PROCESS OR PROGRAM
Means the actual undertaking of affirmative marketing activities in furtherance of each project with very-low- low- and moderate-income units.
AFFORDABILITY ASSISTANCE
Means the use of funds to render housing units more affordable to low- and moderate-income households and includes, but is not limited to, down payment assistance, security deposit assistance, low interest loans, rental assistance, assistance with homeowner's association or condominium fees and special assessments, common maintenance expenses, and assistance with emergency repairs and rehabilitation to bring deed-restricted units up to code, pursuant to N.J.A.C. 5:99-2.5.
AFFORDABILITY AVERAGE
Means an average of the percentage of regional median income at which restricted units in an affordable development are affordable to low- and moderate-income households.
AFFORDABLE
Means, in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth at N.J.A.C. 5:80-26.7 and, in the case of a rental unit, that the rent for the unit conforms to the standards set forth at N.J.A.C. 5:80-26.13.
AFFORDABLE HOUSING DEVELOPMENT
Means a development included in a municipality's housing element and fair share plan, and includes, but is not limited to, an inclusionary development, a municipally sponsored affordable housing project, or a 100% affordable development. This includes developments with affordable units on-site, off-site, or provided as a payment in-lieu of construction only if such a payment-in-lieu option has been previously approved by the Program or Superior Court as part of the HEFSP. Payments in lieu of construction were invalidated per P.L. 2024, c. 2.
AFFORDABLE HOUSING DISPUTE RESOLUTION PROGRAM or THE PROGRAM
Refers to the dispute resolution program established pursuant to N.J.S.A. 52:27D-313.2.
AFFORDABLE HOUSING MONITORING SYSTEM or AHMS
Means the Department's cloud-based software application, which shall be the central repository for municipalities to use for reporting detailed information regarding affordable housing developments, affordable housing unit completions, and the collection and expenditures of funds deposited into the municipal affordable housing trust fund.
AFFORDABLE HOUSING TRUST FUND or AHTF
Means that non-lapsing, revolving trust fund established in DCA pursuant to N.J.S.A. 52:27D-320 and N.J.A.C. 5:43 to be the repository of all state funds appropriated for affordable housing purposes. All references to the "Neighborhood Preservation Nonlapsing Revolving Fund" and "Balanced Housing" mean the AHTF.
AFFORDABLE UNIT
Means a housing unit proposed or developed pursuant to the Act, including units created with municipal affordable housing trust funds.
AGE-RESTRICTED HOUSING
Means a housing unit that is designed to meet the needs of, and is exclusively for, an age-restricted segment of the population such that: 1. All the residents of the development where the unit is situated are 62 years or older; 2. At least 80% of the units are occupied by one person that is 55 years or older; or 3. The development has been designated by the Secretary of HUD as "housing for older persons" as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.
AGENCY
Means the New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
ASSISTED LIVING RESIDENCE
Means a facility licensed by the New Jersey Department of Health to provide apartment-style housing and congregate dining and to ensure that assisted living services are available when needed for four or more adult persons unrelated to the proprietor. Apartment units must offer, at a minimum, one unfurnished room, a private bathroom, a kitchenette, and a lockable door on the unit entrance.
BARRIER-FREE ESCROW
Means the holding of funds collected to adapt affordable unit entrances to be accessible in accordance with N.J.S.A. 52:27D-311a et seq. Such funds shall be held in a municipal affordable housing trust fund pursuant to N.J.A.C. 5:99-2.6.
BUILDER'S REMEDY
Means court-imposed site-specific relief for a litigant who seeks to build affordable housing for which the court requires a municipality to utilize zoning techniques, such as mandatory set-asides or density bonuses, including techniques which provide for the economic viability of a residential development by including housing that is not for low- and moderate-income households.
CERTIFIED HOUSEHOLD
Means a household that has been certified by an administrative agent as a very-low-income household, a low-income household, or a moderate-income household.
CHOICE
Means the no-longer-active Choices in Homeownership Incentives for Everyone Program, as it was authorized by the Agency.
COAH or THE COUNCIL
Means the Council on Affordable Housing established in, but not of, DCA pursuant to the Act and that was abolished effective March 20, 2024, pursuant to Section 3 at P.L. 2024, c. 2 (N.J.S.A. 52:27D-304.1).
COMMISSIONER
Means the Commissioner of the Department of Community Affairs.
COMPLIANCE CERTIFICATION
Means the certification obtained by a municipality pursuant to Section 3 of P.L. 2024, c. 2 (N.J.S.A. 52:27D-304.1), that protects the municipality from exclusionary zoning litigation during the current round of present and prospective need and through July 1 of the year the next round begins, which is also known as a "judgment of compliance" or "judgment of repose." The term "compliance certification" shall include a judgment of repose granted in an action filed pursuant to Section 13 of P.L. 1985, c. 222 (N.J.S.A. 52:27D-313).
CONSTRUCTION
Means new construction and additions, but does not include alterations, reconstruction, renovations, conversion, relocation, or repairs, as those terms are defined in the State Uniform Construction Code promulgated pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217(N.J.S.A. 52:27D-119 et seq.).
COUNTY-LEVEL HOUSING JUDGE
Means a judge appointed pursuant to Section 5 at P.L. 2024, c. 2, to resolve disputes over the compliance of municipal fair share affordable housing obligations and municipal fair share plans and housing elements with the Act.
DCA and DEPARTMENT
Mean the State of New Jersey Department of Community Affairs.
DEFICIENT HOUSING UNIT
Means a housing unit with health and safety code violations that require the repair or replacement of a major system. A major system includes weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement and/or load bearing structural systems.
DEPARTMENT
Means the New Jersey Department of Community Affairs.
DEVELOPER
Means 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
Means the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any building or other structure, or of any mining, excavation, or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
DEVELOPMENT FEE
Means money paid by a developer for the improvement of residential and non-residential property as permitted pursuant to N.J.S.A. 52:27D-329.2 and 40:55D-8.1 through 40:55D-8.7 and N.J.A.C. 5:99-3.
DISPUTE RESOLUTION PROGRAM
Means the Affordable Housing Dispute Resolution Program, established pursuant to Section 5 at P.L. 2024, c. 2 (N.J.S.A. 52:27D-313.2).
DIVISION
Means the Division of Local Planning Services within the Department of Community Affairs.
EMERGENT OPPORTUNITY
Means a circumstance that has arisen whereby affordable housing will be able to be produced through a delivery mechanism not originally contemplated by or included in a fair share plan that has been the subject of a compliance certification.
EQUALIZED ASSESSED VALUE or EAV
Means 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 at P.L. 1973, c. 123 (N.J.S.A. 54:1-35a, 54:1-35b, and 54:1-35c). Estimates at the time of building permit may be obtained by the Tax Assessor using construction cost estimates. Final EAV shall be determined at project completion by the Municipal Assessor.
EQUITY SHARE AMOUNT
Means the product of the price differential and the equity share, with the equity share being the whole number of years that have elapsed since the last non-exempt sale of a restricted ownership unit, divided by 100, except that the equity share may not be less than 5% and may not exceed 30%.
EXCLUSIONARY ZONING LITIGATION
Means litigation challenging the fair share plan, housing element, ordinances, or resolutions that implement the fair share plan or housing element of a municipality based on alleged noncompliance with the Act or the Mount Laurel Doctrine, which litigation shall include, but shall not be limited to, litigation seeking a builder's remedy.
EXIT SALE
Means the first authorized non-exempt sale of a restricted unit following the end of the control period, which sale terminates the affordability controls on the unit.
EXTENSION OF EXPIRING CONTROLS
Means extending the deed restriction period on units where the controls will expire in the current round of a housing obligation, so that the total years of a deed restriction is at least 60 years.
FAIR SHARE OBLIGATION
Means the total of the present need and prospective need, including prior rounds, as determined by the Affordable Housing Dispute Resolution Program, or a court of competent jurisdiction.
FAIR SHARE PLAN
Means the plan or proposal, with accompanying ordinances and resolutions, by which a municipality proposes to satisfy its constitutional obligation to create a realistic opportunity to meet its fair share of low- and moderate-income housing needs of its region and which details the affirmative measures the municipality proposes to undertake to achieve its fair share of very-low-, low- and moderate-income housing, as provided in the municipal housing element, and which addresses the development regulations necessary to implement the housing element, including, but not limited to, inclusionary requirements and development fees, and the elimination of unnecessary housing cost-generating features from the municipal land use ordinances and regulations.
FHA
Means the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq.
GREEN BUILDING STRATEGIES
Means the 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.
HMFA or THE AGENCY
Means the New Jersey Housing and Mortgage Finance Agency established pursuant to P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
HOUSEHOLD INCOME
Means a household's gross annual income calculated in a manner consistent with the determination of annual income pursuant to Section 8 of the United States Housing Act of 1937 (Section 8),[3] not in accordance with the determination of gross income for federal income tax liability.
HOUSING ELEMENT
Means the portion of a municipality's master plan adopted in accordance with the Municipal Land Use Law (MLUL) at N.J.S.A. 40:55D-28.b(3) and the Act consisting of reports, statements proposals, maps, diagrams, and text designed to meet the municipality's fair share of its region's present and prospective housing needs, particularly with regard to low- and moderate-income housing, which shall include the municipal present and prospective obligation for affordable housing, determined pursuant to Subsection f. at N.J.S.A. 52:27D-304.1.
HOUSING REGION
Means a geographic area established pursuant to N.J.S.A. 52:27D-304.2b.
INCLUSIONARY DEVELOPMENT
Means a residential housing development in which a substantial percentage of the housing units are provided for a reasonable income range of very-low-, low- and moderate- income households.
JUDGMENT OF COMPLIANCE or JUDGMENT FOR REPOSE
Means a determination issued by the Superior Court approving a municipality's fair share plan to satisfy its affordable housing obligation for a particular 10-year round.
LOW-INCOME HOUSEHOLD
Means a household with a household income equal to 50% or less of the regional median income.
LOW-INCOME UNIT
Means a restricted unit that is affordable to a low-income household.
MAJOR SYSTEM
Means the primary structural, mechanical, plumbing, electrical, fire protection, or occupant service components of a building which include but are not limited to, weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement or load bearing structural systems.
MIXED USE DEVELOPMENT
Means any development that includes both a non-residential development component and a residential development component, and shall include developments for which: (1) there is a common developer for both the residential development component and the non-residential development component, provided that for purposes of this definition, multiple persons and entities maybe considered a common developer if there is a contractual relationship among them obligating each entity to develop at least a portion of the residential or non-residential development, or both, or otherwise to contribute resources to the development; and (2) the residential and non-residential developments are located on the same lot or adjoining lots, including, but not limited to, lots separated by a street, a river, or another geographical feature.
MODERATE-INCOME HOUSEHOLD
Means a household with a household income in excess of 50% but less than 80% of the regional median income.
MODERATE-INCOME UNIT
Means a restricted unit that is affordable to a moderate-income household.
MONI
Means the no-longer-active Market Oriented Neighborhood Investment Program, as it was authorized by the Agency.
MUNICIPAL AFFORDABLE HOUSING TRUST FUND
Means a separate, interest-bearing account held by a municipality for the deposit of development fees, payments in lieu of constructing affordable units on sites zoned for affordable housing previously approved prior to March 20, 2024 (per P.L. 2024, c. 2), barrier-free escrow funds, recapture funds, proceeds from the sale of affordable units, rental income, repayments from affordable housing program loans, enforcement fines, unexpended RCA funds remaining from a completed RCA project, application fees, and any other funds collected by the municipality in connection with its affordable housing programs, which shall be used to address municipal low- and moderate-income housing obligations within the time frames established by the Legislature and this chapter.
MUNICIPAL DEVELOPMENT FEE ORDINANCE
Means an ordinance adopted by the governing body of a municipality that authorizes the collection of development fees.
MUNICIPAL HOUSING LIAISON or MHL
Means an appointed municipal employee who is, pursuant to N.J.A.C. 5:99-6, responsible for oversight and/or administration of the affordable units created within the municipality.
NEW CONSTRUCTION
Means the creation of a new housing unit under regulation by a code enforcement official regardless of the means by which the unit is created. Newly constructed units are evidenced by the issuance of a certificate of occupancy and may include new residences created through additions and alterations, adaptive reuse, subdivision, or conversion of existing space, and moving a structure from one location to another.
NEW JERSEY AFFORDABLE HOUSING TRUST FUND
Means an account established pursuant to N.J.S.A. 52:27D-320.
NEW JERSEY HOUSING RESOURCE CENTER or HOUSING RESOURCE CENTER
Means the online affordable housing listing portal, or its successor, overseen by the Agency pursuant to N.J.S.A. 52:27D-321.3 et seq.
NON-EXEMPT SALE
Means any sale or transfer of ownership of a restricted unit to one's self or to another individual other than the transfer of ownership between spouses or civil union partners; the transfer of ownership between former spouses or civil union partners ordered as a result of a judicial decree of divorce or judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor's deed to a Class A beneficiary; and the transfer of ownership by court order.
NON-RESIDENTIAL DEVELOPMENT
Means:
(1) 
Any building or structure, or portion thereof, including, but not limited to, any appurtenant improvements, which is designated to a use group other than a residential use group according to the State Uniform Construction Code, N.J.A.C. 5:23, promulgated to effectuate the State uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq., including any subsequent amendments or revisions thereto;
(2) 
Hotels, motels, vacation timeshares, and child-care facilities; and
(3) 
The entirety of all continuing care facilities within a continuing care retirement community which is subject to the Continuing Care Retirement Community Regulation and Financial Disclosure Act, N.J.S.A. 52:27D-330 et seq.
NON-RESIDENTIAL DEVELOPMENT FEE
Means the fee authorized to be imposed pursuant to N.J.S.A. 40:55D-8.1 through 40:55D-8.7.
NONPROFIT
Means an organization granted nonprofit status in accordance with Section 501(c)(3) of the Internal Revenue Code.
ORDER FOR REPOSE
Means the protection a municipality has from a builder's remedy lawsuit for a period of time from the entry of a judgment of compliance by the Superior Court. A judgment of compliance often results in an order for repose.
PAYMENT IN LIEU OF CONSTRUCTING AFFORDABLE UNITS
Means the prior approval of the payment of funds to the municipality by a developer when affordable units are were not produced on a site zoned for an inclusionary development. The statutory permission for payments in lieu of constructing affordable units was eliminated per P.L. 2024, c. 2.
PERSON WITH A DISABILITY
Means a person with a physical disability, infirmity, malformation, or disfigurement which is caused by bodily injury, birth defect, aging, or illness including epilepsy and other seizure disorders, and which shall include, but not be limited to, any degree of paralysis, amputation, lack of physical coordination, blindness or visual impairment, deafness or hearing impairment, the inability to speak or a speech impairment, or physical reliance on a service animal, wheelchair, or other remedial appliance or device.
PRICE DIFFERENTIAL
Means the difference between the controlled sale price of a restricted unit and the contract price at the exit sale of the unit, determined as of the date of a proposed contract of sale for the unit. If there is no proposed contract of sale, the price differential is the difference between the controlled sale price of a restricted unit and the appraised value of the unit as if it were not subject to UHAC, determined as of the date of the appraisal. If the controlled sale price exceeds the contract price or, in the absence of a contract price, the appraised value, the price differential is $0.
PRIOR ROUND UNIT
Means a housing unit that addresses a municipality's fair share obligation from a round prior to the fourth round of affordable housing obligations, including any unit that: (1) received substantive certification from COAH: (2) is part of a third-round settlement agreement or judgment of compliance approved by a court of competent jurisdiction, inclusive of units created pursuant to a zoning designation adopted as part of the settlement agreement or judgment of compliance to create a realistic opportunity for development; (3) is subject to a grant agreement or other contract with either the state or a political subdivision thereof entered into prior to July 1, 2025, pursuant to either item (1) or (2) above; or (4) otherwise addresses a municipality's fair share obligation from a round prior to the fourth round of affordable housing obligations. A unit created after the enactment of P.L. 2024, c. 2 (N.J.S.A. 52:27D-304.1) on March 20, 2024, is not a prior round unit unless: (1) it is created pursuant to a prior round development plan or zoning designation that was adopted and/or having received COAH or court approval on or before the cutoff date of June 30, 2025, or the date that the municipality adopts the implementing ordinances and resolutions for the fourth round of affordable housing obligations, whichever occurs sooner; and (2) its siting and creation are consistent with the form of the prior round development plan or zoning designation in effect as of the cutoff date, without any amendment or variance.
PROGRAM
Means the Affordable Housing Dispute Resolution Program, established pursuant to Section 5 of P.L. 2024, c. 2 (N.J.S.A. 52:27D-313.2).
PROSPECTIVE NEED
Means a projection of housing needs based on development and growth which is reasonably likely to occur in a region or a municipality, as the case may be, as a result of actual determination of public and private entities. Prospective need shall be determined by the methodology set forth pursuant to Sections 6 and 7 of P.L. 2024, c. 2 (N.J.S.A. 52:27D-304.2 and 52:27D-304.3) for the fourth round and all future rounds of housing obligations.
QUALIFIED URBAN AID MUNICIPALITY
Means a municipality that meets the criteria established pursuant to N.J.S.A. 52:27D-304.3.c(1).
RANDOM SELECTION PROCESS
Means a lottery process by which currently income-eligible applicant-households are selected, at random, for placement in affordable housing units such that no preference is given to one applicant over another, except in the case of a veterans' preference where such an agreement exists; for purposes of matching household income and size with an appropriately priced and sized affordable unit; or another purpose allowed pursuant to N.J.A.C. 5:80-26.7(k)3. This definition excludes any practices that would allow affordable housing units to be leased or sold on a first-come, first-served basis.
RCA ADMINISTRATOR
Means an appointed municipal employee who is responsible for oversight and/or administration of affordable units and associated revenues and expenditures within the municipality that were funded through regional contribution agreements.
RCA PROJECT PLAN
Means a past application, submitted by a receiving municipality in an RCA, delineating the manner in which the receiving municipality intended to create or rehabilitate low- and moderate-income housing.
RECEIVING MUNICIPALITY
Means, for the purposes of an RCA, a municipality that contractually agreed to assume a portion of another municipality's fair share obligation.
RECONSTRUCTION
Means any project where the extent and nature of the work is such that the work area cannot be occupied while the work is in progress and where a new certificate of occupancy is required before the work area can be reoccupied, pursuant to the Rehabilitation Subcode of the uniform Construction Code, N.J.A.C. 5:23-6. Reconstruction shall not include projects comprised only of floor finish replacement, painting or wallpapering, or the replacement of equipment or furnishings. Asbestos hazard abatement and lead hazard abatement projects shall not be classified as reconstruction solely because occupancy of the work area is not permitted.
RECREATIONAL FACILITIES AND COMMUNITY CENTERS
Means any indoor or outdoor buildings, spaces, structures, or improvements intended for active or passive recreation, including, but not limited to, ballfields, meeting halls, and classrooms, accommodating either organized or informal activity.
REGIONAL CONTRIBUTION AGREEMENT or RCA
Means a contractual agreement, pursuant to the Act, into which two municipalities voluntarily entered into and was approved by COAH and/or Superior Court prior to July 18, 2008, to transfer a portion of a municipality's affordable housing obligation to another municipality within its housing region.
REGIONAL MEDIAN INCOME
Means the median income by household size for an applicable housing region, as calculated annually in accordance with N.J.A.C. 5:80-26.3.
REHABILITATION
Means the repair, renovation, alteration, or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.
RENT
Means the gross monthly cost of a rental unit to the tenant, including the rent paid to the landlord, as well as an allowance for tenant-paid utilities computed in accordance with allowances published by DCA for its Section 8 program. With respect to units in assisted living residences, rent does not include charges for food and services.
RESIDENTIAL DEVELOPMENT FEE
Means money paid by a developer for the improvement of residential property as permitted pursuant to N.J.S.A. 52:27D-329.2 and N.J.A.C. 5:99-3.2.
RESTRICTED UNIT
Means a dwelling unit, whether a rental unit or ownership unit, that is subject to the affordability controls of this section but does not include a market-rate unit that was financed pursuant to UHORP, MONI, or CHOICE.
SPENDING PLAN
Means a method of allocating funds contained in an affordable housing trust fund account, which includes, but is not limited to, development fees collected and to be collected pursuant to an approved municipal development fee ordinance, or pursuant to N.J.S.A. 52:27D-329.1 et seq., for the purpose of meeting the housing needs of low- and moderate-income individuals.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN or STATE PLAN
Means the plan prepared pursuant to Sections 1 through 12 of the "State Planning Act," P.L. 1985, c. 398 (N.J.S.A. 52:18A-196 et al.), designed to represent a balance of development and conservation objectives best suited to meet the needs of the state, and for the purpose of coordinating planning activities and establishing statewide planning objectives in the areas of land use, housing, economic development, transportation, natural resource conservation, agriculture and farmland retention, recreation, urban and suburban redevelopment, historic preservation, public facilities and services, and intergovernmental coordination pursuant to Subsection f. of Section 5 of P.L. 1985, c. 398 (N.J.S.A. 52:18A-200).
SUPPORTIVE HOUSING HOUSEHOLD
Means a very-low-, low- or moderate-income household certified as income eligible by an administrative agent in accordance with N.J.A.C. 5:80-26.14, in which at least one member is an individual who requires supportive services to maintain housing stability and independent living and who is part of a population identified by federal or state statute, regulation, or program guidance as eligible for supportive or special needs housing. Such populations include, but are not limited to: persons with intellectual or developmental disabilities, persons with serious mental illness, person with head injuries (as defined in Section 2 of P.L. 1977), persons with physical disabilities or chronic health conditions, persons who are homeless as defined by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 578, survivors of domestic violence, youth aging out of foster care, and other special needs populations recognized under programs administered by the U.S. Department of Housing and Urban Development, the Low-Income Housing Tax Credit Program, the McKinney—Vento Act,[4] or the New Jersey Department of Human Services. A supportive housing household may include family members, unrelated individuals, or live-in aides, provided that the household meets the income eligibility requirements of this section, except that in the case of unrelated individuals not operating as a family unit, income eligibility shall be tested on an individual basis rather than in the aggregate; the unit is leased or sold subject to the affordability controls established herein; and the supportive services available to the household are designed to promote housing stability, independent living, and community integration. The determination of whether unrelated individuals are operating as a family unit shall be made based on the applicant's self-identification of household members on the affordable housing application.
SUPPORTIVE HOUSING SPONSORING PROGRAM
Means grant or loan program which provided financial assistance to the development of the unit.
SUPPORTIVE HOUSING UNIT
Means a restricted rental unit, as defined by N.J.S.A. 34:1B-21.24, that is affordable to very-low-, low- or moderate-income households and is reserved for occupancy by a supportive housing household. Supportive housing units are also referred to as permanent supportive housing units.
TRANSITIONAL HOUSING
Means temporary housing that: (1) includes, but is not limited to, single-room occupancy housing or shared living and supportive living arrangements; (2) provides access to on-site or off-site supportive services for very-low-income households who have recently been homeless or lack stable housing; (3) is licensed by the department; and (4) allows households to remain for a minimum of six months.
TREASURER
Means the Treasurer of the State of New Jersey.
UHAC
Means the Uniform Housing Affordability Controls set forth at N.J.A.C. 5:80-26.
UHORP
Means the Agency's Urban Homeownership Recovery Program, as it was authorized by the Agency Board.
UNIT TYPE
Means type of dwelling unit with various building standards including but not limited to single-family detached, single-family attached/townhouse, stacked townhouse (attached building containing two units each with separate entrances), duplex (detached building containing two units each with separate entrances), triplex (three units each with separate entrance), quadplex (four units each with separate entrance), multifamily/flat (two or more units with a shared entrance). Inclusion of a garage, or not, shall not define the unit type.
VERY-LOW-INCOME HOUSEHOLD
Means a household with a household income less than or equal to 30% of the regional median income.
VERY-LOW-INCOME HOUSING
Means housing affordable according to the Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income equal to 30% or less of the median gross household income for households of the same size within the housing region in which the housing is located.
VERY-LOW-INCOME UNIT
Means a restricted unit that is affordable to a very-low-income household.
VETERAN
Means a veteran as defined at N.J.S.A. 54:4-8.10.
VETERANS' PREFERENCE
Means the agreement between a municipality and a developer or residential development owner that allows for low- to moderate-income veterans to be given preference for up to 50% of rental units in relevant projects, as provided for at N.J.S.A. 52:27D-311.j.
WEATHERIZATION
Means building insulation (for attic, exterior walls and crawl space), siding to improve energy efficiency, replacement storm windows, replacement storm doors, replacement windows and replacement doors and is considered a major system for rehabilitation.
[3]
Editor's Note: See 42 U.S.C. § 1437 et seq.
[4]
Editor's Note: See 42 U.S.C. § 11431 et seq.
C. 
Monitoring and reporting requirements.
(1) 
The municipality shall comply with the following monitoring and reporting requirements regarding the status of the implementation of its court-approved Housing Element and Fair Share Plan:
(a) 
The municipality shall provide electronic monitoring data with the Department pursuant to P.L. 2024, Chapter 2 and N.J.A.C. 5:99 through the Affordable Housing Monitoring System (AHMS). All monitoring information required to be made public by the FHA shall be available to the public on the Department's website at https://www.nj.gov/dca/dlps/hss/MuniStatusReporting.shtml.
(b) 
On or before February 15 of each year, the municipality shall provide annual reporting of its municipal Affordable Housing Trust Fund activity to the Department on the AHMS portal. The reporting shall include an accounting of all municipal Affordable Housing Trust Fund activity, including the sources and amounts of funds collected and the amounts and purposes for which any funds have been expended, for the previous year from January 1 to December 31.
(c) 
On or before February 15 of each year, the annual reporting of the status of all affordable housing activity shall be provided to the Department on the AHMS portal, for the previous year from January 1 to December 31.
D. 
Affordable Housing Overlay District.
(1) 
An Affordable Housing Overlay District is hereby created, which District shall consist of all properties that are located within the Business District between 93rd Street and 99th Street.
(2) 
Development in the Overlay District shall be subject to the bulk regulations set forth in § 560-18, except as set forth in this § 560-48.
(3) 
Residential units shall be permitted in the Overlay District on the second and third floors of buildings, through either new construction of a mixed-use building or placing residential multifamily units over existing structures, subject to the following regulations:
(a) 
Construction of new residential units, including but not limited to those in excess of the story and height limitations set forth in § 560-18, shall require not less than 20% of all residential units to be designated as affordable housing units.
(b) 
The first floor of any building in which residential units exist on the second and third floor shall be operated as a commercial use in accordance with § 560-18.
(c) 
Structures housing third-floor residential units shall be subject to the following supplemental bulk regulations, which shall control in the event of a conflict with § 560-18:
[1] 
Maximum stories: three.
[2] 
Maximum building height: 42 feet from top of curb.
[3] 
Minimum lot area: 4,000 square feet.
[4] 
Minimum front yard setback:
[a] 
First and second floors, as per § 560-18.
[b] 
Third floor: 10 feet, provided that a railing measuring up to 42 inches above a third-floor exterior deck shall be subject the minimum front yard setback set forth in § 560-18.
[5] 
Minimum side yard setback: zero feet.
[6] 
Minimum rear yard setback: zero feet.
[7] 
Affordable housing unit gross floor area (min): 650 square feet.
[8] 
Affordable housing unit parking: zero spaces.
E. 
Multifamily residential set-aside requirements.
(1) 
All newly constructed multifamily residential developments of five units or more, whether located within or outside in the Affordable Housing Overlay District, shall be required to set aside a percentage of the units as affordable housing as follows:
(a) 
The set-aside for rental developments shall be 15% of the total units;
(b) 
The set-aside for for-sale developments shall be 20% of the total units.
(2) 
The provisions of this § 560-48E shall not apply to residential expansions, additions, renovations, replacement, or any other type of residential development that does not result in a net increase in the number of dwelling units by five or more.
F. 
New construction (per N.J.A.C. 5:93 as may be updated per various sections in N.J.A.C. 5:97 and N.J.S.A. 52:27D-301 et seq.). Per the definition of "new construction," this section governs the creation of new affordable housing units regardless of the means by which the units are created. Newly constructed units may include new residences constructed or created through other means.
(1) 
The following requirements shall apply to all new or planned developments that contain very-low-, low- and moderate-income housing units. To the extent possible, details related to the adherence to the requirements below shall be outlined in the resolution granting municipal subdivision or site plan approval of the project to assist municipal representatives, developers and administrative agents.
(2) 
Completion schedule (previously known as phasing). Final site plan or subdivision approval shall be contingent upon the affordable housing development meeting the following completion schedule for very-low-, low- and moderate-income units whether developed in a single-phase development, or in a multi-phase development:
Maximum Percentage of Market-Rate Units Issued a Temporary or Final Certificate of Occupancy
Minimum Percentage of Affordable Units Issued a Temporary or Final Certificate of Occupancy
25%+1
10%
50%
50%
75%
75%
90%
100%
(3) 
Design. The following design requirements apply to affordable housing developments, excluding prior round units.
(a) 
Design of 100% affordable developments:
[1] 
Restricted units must meet the minimum square footage required for the number of inhabitants for which the unit is marketed and the minimum square footage required for each bedroom, as set forth in the Neighborhood Preservation Balanced Housing Rules at N.J.A.C. 5:43-2.4.
[2] 
Each bedroom in each restricted unit must have at least one window.
[3] 
Restricted units must include adequate air conditioning and heating.
(b) 
Design of developments comprising market-rate rental units and restricted rental units. The following does not apply to prior round units, unless stated otherwise.
[1] 
Restricted units must use the same building materials and architectural design elements (for example, plumbing, insulation, or siding) as market-rate units of the same unit type (for example, flat or townhome) within the same development, except that restricted units and market-rate units may use different interior finishes. This shall apply to prior round units.
[2] 
Restricted units and market-rate units within the same affordable development must be sited such that restricted units are not concentrated in less desirable locations.
[3] 
Restricted units may not be physically clustered so as to segregate restricted and market-rate units within the same development or within the same building, but must be interspersed throughout the development, except that age-restricted and supportive housing units may be physically clustered if the clustering facilitates the provision of on-site medical services or on-site social services. Prior round affordable units shall be integrated with market rate units to the extent feasible.
[4] 
Residents of restricted units must be offered the same access to communal amenities as residents of market-rate units within the same affordable development. Examples of communal amenities include, but are not limited to, community pools, fitness and recreation centers, playgrounds, common rooms and outdoor spaces, and building entrances and exits. This shall apply to prior round units.
[5] 
Restricted units must include adequate air conditioning and heating and must use the same type of cooling and heating sources as market-rate units of the same unit type. This shall apply to prior round units.
[6] 
Each bedroom in each restricted unit must have at least one window.
[7] 
Restricted units must be of the same unit type as market-rate units within the same building.
[8] 
Restricted units and bedrooms must be no less than 90% of the minimum size prescribed by the Neighborhood Preservation Balanced Housing Rules at N.J.A.C. 5:43-2.4.
(c) 
Design of developments containing for-sale units, including those with a mix of rental and for-sale units. Restricted rental units shall meet the requirements of Subsection F(3)(b) above. Restricted sale units shall comply with the below:
[1] 
Restricted units must use the same building standards as market-rate units of the same unit type (for example, flat, townhome, or single-family home), except that restricted units and market-rate units may use different interior finishes. This shall apply to prior round units.
[2] 
Restricted units may be clustered, provided that the buildings or housing product types containing the restricted units are integrated throughout the development and are not concentrated in an undesirable location or in undesirable locations. Prior round affordable units shall be integrated with market rate units to the extent feasible.
[3] 
Restricted units may be of different unit housing product types than market-rate units, provided that there is a restricted option available for each market rate housing type. Developments containing market-rate duplexes, townhomes, and/or single-family homes shall offer restricted housing options that also include duplexes, townhomes, and/or single-family homes. Penthouses and higher priced end townhouses may be exempt from this requirement. The proper ratio for restricted to market-rate unit type shall be subject to municipal ordinance or, if not specified, shall be determined at the time of site plan approval.
[4] 
Restricted units must meet the minimum square footage required for the number of inhabitants for which the unit is marketed and the minimum square footage required for each bedroom, as set forth in the Neighborhood Preservation Balanced Housing Rules at N.J.A.C. 5:43-2.4.
[5] 
Penthouse and end units may be reserved for market-rate sale, provided that the overall number, value, and distribution of affordable units across the development is not negatively impacted by such reservation(s).
[6] 
Residents of restricted units must be offered the same access to communal amenities as residents of market-rate units within the same affordable development. Examples of communal amenities include, but are not limited to, community pools, fitness and recreation centers, playgrounds, common rooms and outdoor spaces, and building entrances and exits. This shall apply to prior round units.
[7] 
Each bedroom in each restricted unit must have at least one window.
[8] 
Restricted units must include adequate air conditioning and heating.
(4) 
Utilities.
(a) 
Affordable units shall utilize the same type of cooling and heating source as market-rate units within the affordable housing development.
(b) 
Tenant-paid utilities that are included in the utility allowance shall be so stated in the lease and shall be consistent with the utility allowance in accordance with N.J.A.C 5:80-26.13(e).
(5) 
Low/moderate split and bedroom distribution.
(a) 
Affordable units shall be divided equally between low- and moderate-income units, except that where there is an odd number of affordable housing units, the extra unit shall be a low-income unit.
(b) 
In each affordable housing development, at least 50% of the restricted units within each bedroom distribution rounded up to the nearest whole number shall be very-low- or low-income units.
(c) 
Within rental developments, of the total number of affordable rental units, at least 13%, rounded up to the nearest whole number, shall be affordable to very-low-income households. The very-low-income units shall be distributed between each bedroom count as proportionally as possible, to the nearest whole unit, to the total number of restricted units within each bedroom count, and counted as part of the required number of low-income units within the development.
(d) 
Affordable housing developments that are not age-restricted or supportive housing shall be structured such that:
[1] 
At a minimum, the number of bedrooms within the restricted units equals twice the number of restricted units.
[2] 
Two-bedroom and/or three-bedroom units compose at least 50% of all restricted units.
[3] 
The combined number of efficiency and one-bedroom units shall be no greater than 20%, rounded down, of the total number of low- and moderate-income units.
[4] 
At least 30% of all low- and moderate-income units, rounded up shall be two-bedroom units.
[5] 
At least 20% of all low- and moderate-income units, rounded up shall be three-bedroom units.
[6] 
The remaining units may be allocated among two- and three-bedroom units at the discretion of the developer.
(e) 
Affordable housing developments that are age-restricted or supportive housing, except those supportive housing units whose sponsoring program determines the unit arrangements, shall be structured such that, at a minimum, the number of bedrooms shall equal the number of age-restricted or supportive housing low- and moderate-income units within the inclusionary development. Supportive housing units whose sponsoring program determines the unit arrangement shall comply with all requirements of the sponsoring program. The standard may be met by having all one-bedroom units or by having a two-bedroom unit for each efficiency unit. In affordable housing developments with 20 or more restricted units that are age-restricted or supportive housing, two-bedroom units must comprise at least 5% of those restricted units.
(6) 
Accessibility requirements.
(a) 
Any new construction shall be adaptable; however, elevators shall not be required in any building or within any dwelling unit for the purpose of compliance with this section. In buildings without elevator service, only ground floor dwelling units shall be required to be constructed to conform with the technical design standards of the barrier free subcode. "Ground floor" means the first floor with a dwelling unit or portion of a dwelling unit, regardless of whether that floor is at grade. A building may have more than one ground floor.
(b) 
Notwithstanding the exemption for townhouse dwelling units in the barrier free subcode, the first floor of all townhouse dwelling units and of all other multifloor dwelling units that are attached to at least one other dwelling unit shall be subject to the technical design standards of the barrier free subcode and shall include the following features:
[1] 
An adaptable toilet and bathing facility on the first floor;
[2] 
An adaptable kitchen on the first floor;
[3] 
An interior accessible route of travel however an interior accessible route of travel shall not be required between stories;
[4] 
An adaptable room that can be used as a bedroom, with a door, or the casing for the installation of a door that is compliant with the Barrier Free Subcode, on the first floor;
[5] 
If not all of the foregoing requirements in Subsection F(6)(b)[1] through [4] can be satisfied, then an interior accessible route of travel shall be provided between stories within an individual unit; and
[6] 
An accessible entranceway as set forth in P.L. 2005, c. 350 (N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C. 5:23-7, or evidence that the municipality has collected funds from the developer sufficient to make 10% of the adaptable entrances in the development accessible:
[a] 
Where a unit has been constructed with an adaptable entrance, upon the request of a disabled person who is purchasing or will reside in the dwelling unit, an accessible entrance shall be installed.
[b] 
To this end, the builder of restricted units shall deposit funds within the Affordable Housing Trust Fund sufficient to install accessible entrances in 10% of the affordable units that have been constructed with adaptable entrances.
[c] 
The funds deposited shall be expended for the sole purpose of making the adaptable entrance of an affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance.
[d] 
The developer of the restricted units shall submit to the Construction Official a design plan and cost estimate for the conversion from adaptable to accessible entrances.
[e] 
Once the Construction Official has determined that the design plan to convert the unit entrances from adaptable to accessible meets the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7, and that the cost estimate of such conversion is reasonable, payment shall be made to the Affordable Housing Trust Fund and earmarked appropriately.
[7] 
Full compliance with the foregoing provisions shall not be required where an entity can demonstrate that it is "site-impracticable" to meet the requirements. If full compliance with this section would be site impracticable, compliance with this section for any portion of the dwelling shall be required to the extent that it is not site impracticable. Determinations of site impracticability shall comply with the Barrier Free Subcode at N.J.A.C. 5:23-7.
G. 
Affordable housing programs/compliance techniques.
(1) 
Pursuant to amended UHAC regulations at N.J.A.C. 5:80-26.1 et seq. and, in addition, pursuant to P.L. 2024, c. 2 and specifically to the amended FHA at N.J.S.A. 52:27D-311.m, "All parties shall be entitled to rely upon regulations on municipal credits, adjustments, and compliance mechanisms adopted by the Council on Affordable Housing unless those regulations are contradicted by statute, including but not limited to P.L. 2024, c. 2, or binding court decisions." The following are many of the main provisions of the COAH regulations at either N.J.A.C. 5:93 or 5:97 that have been upheld by the NJ Supreme Court. Municipalities should consult the cited full COAH regulations when preparing the HEFSP for required documentation, etc. Additional compliance details may also be included in the specific municipal program manual.
(2) 
Accessory apartment program (per N.J.A.C. 5:93-5.9 as may be updated per various sections in N.J.A.C. 5:97-6.8).
(a) 
It is the specific purpose and intent of this section to allow accessory apartments on parcels of minimum size in conformance with the specific zoning district minimum lot size requirement to provide the opportunity for the development of affordable housing units to meet the needs of very-low-, low- and moderate-income residents. It is also the purpose of this limited, special-use provision to allow more efficient use of the Borough's existing stock of residential dwelling units and the Borough's existing stock of accessory buildings, to allow existing residents the opportunity to remain in large, underutilized houses by virtue of the added income for them from an accessory apartment, to allow accessory apartments in new attached and/or detached structures and to protect and preserve property values in the Borough of Stone Harbor. To help achieve these goals to promote the other objectives of this chapter and of the Master Plan, and to implement the Borough's Housing Element and Fair Share Plan, the following specific standards and limitations are set forth for such accessory apartment use.
(b) 
Location and number of units. Location of units shall be permitted in the Business Zoning District and Residential Zoning Districts. The Borough is limited to the number of new permitted accessory apartments to allow up to 10 units, five of which shall be affordable to low-income households, with one of those five units being affordable to a very-low-income household.
(c) 
Size. The minimum floor area for an accessory apartment located within a principal structure shall be 650 square feet, but in no case shall it exceed the gross floor area of the existing principal structure on the lot.
(d) 
An accessory apartment unit will comply with the rest of the provisions of § 560-48.
(e) 
All standards and requirements of the zoning district, except as modified by this section, shall apply.
(f) 
An accessory apartment unit shall comply with all applicable statutes and regulations of the State of New Jersey in addition to all local building codes.
(g) 
Exterior appearance. An accessory apartment shall be located, designed, constructed, and landscaped so as to preserve the appearance of the principal building to the maximum extent feasible and further to enhance and not detract from the character of the principal building and the surrounding neighborhood. An accessory apartment shall have a separate, distinct entry which does not detract from the character of the principal building.
(h) 
The appropriate utility authority or Board of Health must certify that there is water and sewer infrastructure with sufficient capacity to serve the proposed accessory apartment.
(i) 
Each accessory apartment shall have its own private entrance, living/sleeping space, cooking facilities, a kitchen sink, and complete sanitary facilities for the exclusive use of its occupants.
(j) 
The accessory apartment shall have a separate door with direct access to the outdoors.
(k) 
An accessory apartment program shall provide low- and moderate-income units or may be limited to only low- or only moderate-income units.
(l) 
Per N.J.A.C. 5:97-6.8(c)1, at the time of initial occupancy of the unit and for at least 10 years thereafter, the accessory apartment shall be rented only to income eligible households consistent with the income category and rent structure of the unit.
(m) 
Rents of accessory apartments shall be established using the same methodology of affordable rental units discussed herein.
(n) 
There shall be a recorded deed or declaration of covenants and restrictions applied to the property upon which the accessory apartment is located running with the land and limiting its subsequent rental for the duration of the control period.
(o) 
The municipal accessory apartment program shall not restrict the number of bedrooms in any accessory apartment.
(p) 
Administration:
[1] 
Stone Harbor Borough shall designate an administrative agent to administer the accessory apartment program.
[2] 
The administrative agent shall administer the accessory apartment program in accordance with the Borough's Affordable Housing Ordinance, which includes, but is not limited to, advertising, income qualifying prospective renters, settling rents and annual rental increases, maintaining a waiting list, distributing the subsidy, overseeing the securing of certificates of occupancy, qualifying properties, handing application forms, overseeing the filing deed restrictions, filing monitoring reports and affirmatively marketing the accessory apartment program.
[3] 
Per N.J.A.C. 5:97-6.8(b)2, the municipality shall provide a minimum of $35,000 per unit to subsidize the creation of each very-low-income accessory apartment, $25,000 per unit to subsidize the creation of a low-income accessory apartment or $20,000 per unit to subsidize the creation of each moderate-income accessory apartment. Subsidy may be used to fund actual construction costs and/or to provide compensation for reduced rental rates. Prior to the grant of such subsidy, the property owner shall enter into a written agreement with the Borough ensuring that the subsidy shall be used to create the accessory apartment and the apartment shall meet the requirements of this subsection.
[4] 
Applicants for the creation of an accessory apartment shall submit to the administrative agent:
[a] 
A sketch of floor plans showing the location, size, and relationship of both the accessory apartment and the primary dwelling within the building or in another structure;
[b] 
Rough elevations showing the modification of any exterior building facade to which changes are proposed; and
[c] 
A site development sketch showing the location of the existing dwelling and other existing buildings; all property lines; proposed addition, if any, along with the minimum building setback lines; the required parking spaces for both dwelling units and any man-made conditions which might affect construction.
(3) 
Extension of controls program (for ownership units per N.J.A.C. 5:97-6.14 and UHAC at N.J.A.C. 5:80-26.6(h) through (k) and (m); and for rental units per N.J.A.C. 5:97-6.14 and N.J.A.C. 5:80-26.12(h) through (k)).
(a) 
An extension of affordability controls program is established to maintain and extend the affordability of deed restricted units scheduled to come out of their affordability control period, subject to N.J.A.C. 5:97-6.14 and UHAC, including the following:
[1] 
The affordable unit meets the criteria for prior cycle (April 1, 1980 to December 15, 1986) or post December 15, 1986 credits set forth in N.J.A.C. 5:97.
[2] 
The affordability controls for the unit are scheduled to expire in the current round; or in the next round of housing obligations if the municipal election to extend controls is made no earlier than one year before the end of the current round.
[3] 
The municipality shall obtain a continuing certificate of occupancy or a certified statement from the Municipal Building Inspector stating that the restricted unit meets all code standards.
[4] 
If a unit requires repair and/or rehabilitation work in order to receive a continuing certificate of occupancy or certified statement from the municipal building inspector, the municipality shall fund and complete the work.
[5] 
The municipality shall adhere to the process for extending controls pursuant to UHAC for extending ownership units and rental units, either inclusionary or 100% affordable developments.
[6] 
The deed restriction for the extended control period shall be filed with the County Clerk.
(4) 
Assisted living residence (per N.J.A.C. 5:97-6.11).
(a) 
An assisted living residence is a facility licensed by the New Jersey Department of Health to provide apartment-style housing and congregate dining and to assure that assisted living services are available. All or a designated number of apartments in the facility shall be restricted to low- and moderate-income households.
(b) 
The unit of credit shall be the apartment. However, a two-bedroom apartment shall be eligible for two units of credit if it is restricted to two unrelated individuals.
(c) 
A recipient of a Medicaid waiver shall automatically qualify as a low- or moderate-income household.
(d) 
Assisted living units are considered age-restricted housing in a HEFSP and shall be included with the maximum number of units that may be age-restricted.
(e) 
Low- and moderate-income residents cannot be charged any upfront fees.
(f) 
The units shall comply with UHAC with the following exceptions:
[1] 
Affirmative marketing (N.J.A.C. 5:80-26.16); provided that the units are restricted to recipients of Medicaid waivers;
[2] 
The deed restriction may be on the facility, rather than individual apartments or rooms;
[3] 
Low-/moderate-income split and affordability average (N.J.A.C. 5:80-26.4); only if all of the affordable units are affordable to households at a maximum of 60% of median income; and
(g) 
Tenant income eligibility (N.J.A.C. 5:80-26.14); up to 80% of an applicant's gross income may be used for rent, food and services based on occupancy type and the affordable unit must receive the same basic services as required by the Agency's underwriting guidelines and financing policies. The cost of non-housing related services shall not exceed 1 2/3 times the rent established for each unit.
(5) 
Supportive housing and group homes (per N.J.A.C. 5:97-6.10).
(a) 
The following provisions shall apply to group homes, residential health care facilities, and supportive shared living housing:
[1] 
Units are subject to affirmative marketing requirements, household certification, and administrative agent oversight; and may, with the approval of the municipal housing liaison and the administrative agent, be leased either by the bedroom or to a single household in the case of multi-bedroom configurations, provided such arrangement is consistent with the Federal Fair Housing Act (Title VIII of the Civil Rights Act of 1968).[5]
[5]
Editor's Note: See 42 U.S.C. §§ 3601 to 3619.
[2] 
Units may, with the approval of the administrative agent, be subject to a master lease by an approved supportive housing operator, provided that all subleases are to be certified supportive housing households and remain fully subject to the affordability controls of this section. Rents for supportive housing units shall not exceed the rent standards established and published by the New Jersey Department of Human Services.
[3] 
The unit of credit shall be the bedroom. However, the unit of credit shall be the unit if occupied by a single person or household.
[4] 
Housing that is age-restricted shall be included with the maximum number of units that may be age-restricted pursuant to the Act.
[5] 
Occupancy shall not be restricted to youth under 18 years of age.
[6] 
In affordable developments with 20 or more restricted units that are supportive housing, two-bedroom units must compose at least 5% of those restricted units.
[7] 
The bedrooms and/or units shall comply with UHAC with the following exceptions:
[a] 
Affirmative marketing; however, group homes, residential health care facilities, permanent supportive housing, and supportive shared living housing shall be affirmatively marketed to broadest possible population of qualified individuals with special needs in accordance with a plan approved by the sponsoring program;
[b] 
Affordability average and bedroom distribution (N.J.A.C. 5:80-26.4).
[8] 
With the exception of units established with capital funding through a 20-year operating contract with the Department of Human Services, Division of Developmental Disabilities, group homes, residential health care facilities, supportive shared living housing and permanent supportive housing shall have the appropriate controls on affordability in accordance with the Act. In the event that a supportive housing provider is unable to record or execute a long-term deed restriction, the units shall be subject to annual recertification by the municipal housing liaison to confirm continued occupancy and compliance with this section.
[9] 
Objective standards shall be applied in the selection of tenants for supportive housing units and shall be designed to ensure that individuals are not excluded in an arbitrary or capricious manner.
[10] 
The following documentation shall be submitted by the sponsor to the municipality prior to marketing the completed units or facility:
[a] 
An affirmative marketing plan in accordance with Subsection G(5)(a)[7] above; and
[b] 
If applicable, proof that the supportive and/or special needs housing is regulated by the New Jersey Department of Health and Senior Services, the New Jersey Department of Human Services or another state agency in accordance with the requirements of this section, which includes validation of the number of bedrooms or units in which low- or moderate-income occupants reside.
[11] 
The sponsor/owner shall complete annual monitoring as directed by the MHL.
H. 
Regional income limits.
(1) 
Administrative agents shall use the current regional income limits for the purpose of pricing affordable units and determining income eligibility of households.
(2) 
Regional income limits are based on regional median income, which is established by a regional weighted average of the "median family incomes" published by HUD. The procedure for computing the regional median income is detailed in N.J.A.C. 5:80-26.3.
(3) 
Updated regional income limits are effective as of the effective date of the regional Section 8 income limits for the year, as published by HUD, or 45 days after HUD publishes the regional Section 8 income limits for the year, whichever comes later. The new income limits may not be less than those of the previous year.
I. 
Maximum initial rents and sales prices.
(1) 
In establishing rents and sales prices of affordable housing units, the administrative agent shall follow the procedures set forth in UHAC N.J.A.C. 5:80-26.4.
(2) 
The average rent for all restricted units within each affordable housing development shall be affordable to households earning no more than 52% of regional median income.
(3) 
The maximum rent for restricted rental units within each affordable housing development shall be affordable to households earning no more than 60% of regional median income. The maximum rent may be increased to no more than 70% of regional median income for moderate-income units within affordable developments where very-low-income units compose at least 13% of the restricted units; however, the number of units with rent affordable to households earning 70% of regional median income may not exceed the number of very-low-income units in excess of 13% (rounded up) of the restricted units.
(4) 
The developers and/or municipal sponsors of restricted rental units shall establish at least one rent for each bedroom type for both low-income and moderate-income units, provided that at least 13% of all low- and moderate-income rental units shall be affordable to households earning no more than 30% of median income. These very-low-income units shall be part of the low-income requirement and very-low-income units should be distributed between each bedroom count as proportionally as possible, to the nearest whole unit, to the total number of restricted units within each bedroom count.
(5) 
The maximum sales price of restricted ownership units within each affordable housing development shall be affordable to households earning no more than 70% of median income and each affordable housing development must achieve an affordability average that does not exceed 55% for all restricted ownership units. In achieving this affordability average, moderate-income ownership units must be available for at least three different prices for each bedroom type, and low-income ownership units must be available for at least two different prices for each bedroom type when the number of low- and moderate-income units permits.
(6) 
The master deeds and declarations of covenants and restrictions for affordable developments may not distinguish between restricted units and market-rate units in the calculation of any condominium or homeowner association fees and special assessments to be paid by low-and moderate-income purchasers and those to be paid by market-rate purchasers. Notwithstanding the foregoing sentence, condominium units subject to a municipal ordinance adopted before December 20, 2004, which ordinance provides for condominium or homeowner association fees and/or assessments different from those provided for in this subsection are governed by the ordinance.
(7) 
In determining the initial sales prices and rents for compliance with the affordability average requirements for restricted family units, the following standards shall be met:
(a) 
A studio or efficiency unit shall be affordable to a one-person household;
(b) 
A one-bedroom unit shall be affordable to a one-and-one-half-person household;
(c) 
A two-bedroom unit shall be affordable to a three-person household;
(d) 
A three-bedroom unit shall be affordable to a four-and-one-half-person household; and
(e) 
A four-bedroom unit shall be affordable to a six-person household.
(8) 
In determining the initial rents and sales prices for compliance with the affordability average requirements for restricted units in assisted living facilities and age-restricted and special needs and supportive housing developments, the following standards shall be met:
(a) 
A studio or efficiency unit shall be affordable to a one-person household:
(b) 
A one-bedroom unit shall be affordable to a one-and-one-half-person household; and
(c) 
A two-bedroom unit shall be affordable to a two-person household or to two one-person households. Where pricing is based on two one-person households, the developer shall provide a list of units so priced to the municipal housing liaison and the administrative agent.
(9) 
The initial purchase price for all restricted ownership units shall be calculated so that the monthly carrying cost of the unit, including principal and interest (based on a mortgage loan equal to 95% of the purchase price and the Freddie Mac 30-Year Fixed Rate-Mortgage rate of interest), property taxes, homeowner and private mortgage insurance and condominium or homeowner association fees do not exceed 30% of the eligible monthly income of the appropriate size household as determined pursuant to N.J.A.C. 5:80-26.7, as may be amended and supplemented; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.4, as may be amended and supplemented.
(10) 
The initial rent for a restricted rental unit shall be calculated so that the total monthly housing expense, including an allowance for tenant-paid utilities, does not exceed 30% of the gross monthly income of a household of the appropriate size whose income is targeted to the applicable percentage of median income for the unit, as determined pursuant to N.J.A.C. 5:80-26.3, as may be amended and supplemented. The rent shall also comply with the affordability average requirement of N.J.A.C. 5:80-26.4, as may be amended and supplemented. The initial rent for a restricted rental unit shall be calculated so the eligible monthly housing expenses/income, including an allowance for tenant-paid utilities does not exceed 30% of gross income of and the appropriate household size as determined pursuant to N.J.A.C. 5:80-26.3, as may be amended and supplemented.
(11) 
At the anniversary date of the tenancy of the certified household occupying a restricted rental unit, following proper notice provided to the occupant household pursuant to N.J.S.A. 2A:18-61.1.f. the rent may be increased to an amount commensurate with the annual percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U), specifically U.S. Bureau of Labor Statistics Series CUUR0100SAH, titled "Housing in Northeast urban, all urban consumers, not seasonally adjusted." Rent increases for units constructed pursuant to low-income housing tax credit regulations shall be indexed pursuant to the regulations governing low-income housing tax credits.
J. 
Affirmative marketing.
(1) 
The municipality shall adopt, by resolution, an affirmative marketing plan, subject to approval of the Superior Court, compliant with N.J.A.C. 5:80-26.16, as may be amended and supplemented.
(2) 
The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of race, creed, color, national origin, ancestry, marital or familial status, gender, affectional or sexual orientation, disability, age, or number of children, to housing units which are being marketed by a developer, sponsor or owner of affordable housing. The affirmative marketing plan is intended to target those potentially eligible persons who are least likely to apply for affordable units in that region. It is a continuing program that directs all marketing activities toward Housing Region 2 and is required to be followed throughout the period of deed restriction.
(3) 
The affirmative marketing plan provides the following preferences, provided that units that remain unoccupied after these preferences are exhausted may be offered to households without regard to these preferences.
(a) 
Where the municipality has entered into an agreement with a developer or residential development owner to provide a preference for very-low-, low-, and moderate-income veterans who served in time of war or other emergency, pursuant to N.J.S.A. 52:27D-311.j, there shall be a preference for veterans for up to 50% of the restricted rental units in a particular project.
(b) 
There shall be a regional preference for all households that live and/or work in Housing Region 2 comprising Essex. Morris, Union, and Warren Counties.
(c) 
Subordinate to the regional preference, there shall be a preference for households that live and/or work in New Jersey.
(d) 
With respect to existing restricted units undergoing approved rehabilitation for the purpose of preservation or to restricted units newly created to replace existing restricted units undergoing demolition, a preference for the very-low-, low-, and moderate-income households that are displaced by the rehabilitation or demolition and replacement.
(4) 
The municipality has the ultimate responsibility for adopting the affirmative marketing plan and for the proper administration of the affirmative marketing process, including the marketing of initial sales and rentals and resales and re-rentals. The administrative agent designated by the municipality shall implement the affirmative marketing process to ensure the affirmative marketing of all affordable units, with the exception of affordable programs that are exempt from affirmative marketing as noted herein.
(5) 
The affirmative marketing process shall describe the media to be used in advertising and publicizing the availability of housing. In implementing the affirmative marketing process, the administrative agent shall consider the use of language translations where appropriate.
(6) 
Applications for affordable housing or notices thereof, if offered online, shall be available in several locations, including, at a minimum, the County Administration Building and/or the County Library for each county within the housing region; the municipal administration building and municipal library in the municipality in which the units are located; and the developer's rental or sales office. The developer shall mail applications to prospective applicants upon request and shall make applications available through a secure online website address.
(7) 
In addition to other affirmative marketing strategies, the administrative agent shall provide specific notice of the availability of affordable housing units on the New Jersey Housing Resource Center website. Any other entities, including developers or persons or companies retained to implement the affirmative marketing process, shall comply with this paragraph. The affirmative marketing plan shall include the following community and regional organizations: FSHC; the Latino Action Network; the New Jersey State Conference of the NAACP; East Orange NAACP; Newark NAACP; Morris County NAACP; Elizabeth NAACP; and the Supportive Housing Association.
(8) 
In implementing the affirmative marketing process, the administrative agent shall provide a list of counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.
(9) 
The affirmative marketing process for available affordable units shall begin at least four months (120 days) prior to the expected date of occupancy.
(10) 
The cost to affirmatively market the affordable units shall be the responsibility of the developer, sponsor or owner, with the exception of affirmative marketing for resales.
K. 
Selection of occupants of affordable housing units.
(1) 
The administrative agent shall use a random selection process to select occupants of very-low-, low- and moderate-income housing.
(2) 
A pool of interested households will be maintained in accordance with the provisions of N.J.A.C. 5:80-26.16.
L. 
Occupancy standards.
(1) 
In referring certified households to specific restricted units, to the extent feasible, and without causing an undue delay in occupying the unit, the administrative agent shall strive to:
(a) 
Ensure each bedroom is occupied by at least one person, except for age-restricted and supportive and special needs housing units;
(b) 
Provide a bedroom for every two adult occupants;
(c) 
With regard to occupants under the age of 18 accommodate the household's requested arrangement, except that such arrangement may not result in more than two occupants under the age of 18 occupying any bedroom; and
(d) 
Avoid placing a one-person household into a unit with more than one bedroom.
M. 
Control periods for restricted ownership units and enforcement mechanisms.
(1) 
Control periods for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.6. as may be amended and supplemented, and each restricted ownership unit shall remain subject to the controls on affordability for a period of at least 30 years subject to the requirements of N.J.A.C. 5:80-26.6, as may be amended and supplemented.
(2) 
Rehabilitated housing units that are improved to code standards shall be subject to affordability controls for a period of not less than 10 years (crediting towards present need only).
(3) 
The affordability control period for a restricted ownership unit shall commence on the date the initial certified household takes title to the unit. The date of commencement shall be identified in the deed restriction.
(4) 
If existing affordability controls are being extended, the extended control period for a restricted ownership unit commences on the effective date of the extension, which is the end of the original control period.
(5) 
After the end of any control period, the restricted ownership unit remains subject to the affordability controls set forth in this section until the owner gives notice of their intent to make an exit sale, at which point:
(a) 
If the municipality exercises the right to extend the affordability controls on the unit, no exit sale occurs and a new control period commences; or
(b) 
If the municipality does not exercise the right to extend the affordability controls on the unit, the affordability controls terminate following the exit sale.
(6) 
Prior to the issuance of any building permit for the construction/rehabilitation of restricted ownership units, the developer/owner and the municipality shall record a preliminary instrument provided by the administrative agent.
(7) 
Prior to the issuance of the initial certificate of occupancy for a restricted ownership unit and upon each successive sale during the period of restricted ownership, the administrative agent shall determine the restricted price for the unit and shall also determine the non-restricted, fair market value of the unit based on either an appraisal or the unit's equalized assessed value without the restrictions in place.
(8) 
At the time of the initial sale of the unit and upon each successive price-restricted sale, the initial purchaser shall execute and deliver to the administrative agent a recapture note obliging the purchaser, as well as the purchaser's heirs, successors, and assigns, to repay, upon the first non-exempt sale after the unit's release from the restrictions set forth in this section, an amount equal to the difference between the unit's non-restricted fair market value and its restricted price, and the recapture note shall be secured by a recapture lien evidenced by a duly recorded mortgage on the unit.
(9) 
The affordability controls set forth in this section shall remain in effect despite the entry and enforcement of any judgment of foreclosure with respect to price-restricted ownership units.
N. 
Price restrictions for restricted ownership units and resale prices.
(1) 
Price restrictions for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.7, as may be amended and supplemented, including:
(a) 
The initial purchase price and affordability percentage for a restricted ownership unit shall be set by the administrative agent.
(b) 
The administrative agent shall approve all resale prices, in writing and in advance of the resale, to assure compliance with the standards set forth in N.J.A.C 5:80-26.7.
[1] 
If the resale occurs prior to the one-year anniversary of the date on which title to the unit was transferred to a certified household, the maximum resale price for a is the most recent non-exempt purchase price.
[2] 
If the resale occurs on or after such anniversary date, the maximum resale price is the most recent non-exempt purchase price increased to reflect the cumulative annual percentage increases to the regional median income, effective as of the same date as the regional median income calculated pursuant to N.J.A.C. 5:80-26.3.
(c) 
The owners of restricted ownership units may apply to the administrative agent to increase the maximum sales price for the unit on the basis of anticipated capital improvements. Eligible capital improvements shall be:
[1] 
Those that render the unit suitable for a larger household or the addition of a bathroom.
[2] 
The maximum resale price may be further increased by an amount up to the cumulative dollar value of approved capital improvements made after the last non-exempt sale for improvements and/or upgrades to the unit, excluding capital improvements paid for by the entity favored on the recapture note and recapture lien described at N.J.A.C. 5:80-26.6(d);
(d) 
No increase for capital improvements is permitted if the maximum resale price prior to adjusting for capital improvements already exceeds whatever initial purchase price the unit would have if it were being offered for purchase for the first time at the initial affordability percentage. All adjustments for capital improvements are subject to 10-year, straight-line depreciation.
(2) 
Upon the resale of a restricted ownership unit, all items of property that are permanently affixed to the unit or were included when the unit was initially restricted (for example, refrigerator, range, washer, dryer, dishwasher, wall-to-wall carpeting) shall be included in the maximum allowable resale price. Other items may be sold to the purchaser at a reasonable price that has been approved by the administrative agent at the time of the signing of the agreement to purchase but shall be separate and apart from any contract of sale for the underlying real estate. The purchase of central air conditioning installed subsequent to the initial sale of the unit and not included in the base price may be made a condition of the unit resale provided the price of the air conditioning equipment, which shall be subject to 10-year, straight-line depreciation, has been approved by the administrative agent. Unless otherwise approved by the administrative agent, the purchase of any property other than central air conditioning shall not be made a condition of the unit resale. The seller and the purchaser must personally certify at the time of closing that no unapproved transfer of funds for the purpose of selling and receiving property has taken place at the time of or as a condition of resale.
O. 
Buyer income eligibility.
(1) 
Buyer income eligibility for restricted ownership units shall be established pursuant to N.J.A.C. 5:80-26.17, as may be amended and supplemented, such that very-low-income ownership units shall be reserved for occupancy by households with a gross household income less than or equal to 30% of median income, low-income ownership units shall be reserved for occupancy by households with a gross household income less than or equal to 50% of median income and moderate-income ownership units shall be reserved for occupancy by households with a gross household income less than 80% of median income.
(2) 
Notwithstanding the foregoing, the administrative agent may, upon approval by the municipality, and subject to the Division's approval, permit a moderate-income purchaser to buy a low-income unit if and only if the administrative agent can demonstrate that there is an insufficient number of eligible low-income purchasers in the housing region to permit prompt occupancy of the unit and all other reasonable efforts to attract a low-income purchaser, including pricing and financing incentives, have failed. Any such low-income unit that is sold to a moderate-income household shall retain the required pricing and pricing restrictions for a low-income unit. Similarly, the administrative agent may permit low-income purchasers to buy very-low-income units in housing markets where, as determined by the Division, units are reserved for very-low-income purchasers, but there is an insufficient number of very-low-income purchasers to permit prompt occupancy of the units. In such instances, the purchased unit must be maintained as a very-low-income unit and sold at a very-low-income price point such that on the next resale the unit will still be affordable to very-low-income households and able to be purchased by a very-low-income household. A very-low-income unit that is seeking bonus credit pursuant to N.J.S.A. 52:27D-311.k(9) must first be advertised exclusively as a very-low-income unit according to the affirmative marketing requirements at N.J.A.C. 5:80-26.16, then advertised as a very-low-income or low-income unit for at least 30 additional days prior to referring any low-income household to the unit.
(3) 
A certified household that purchases a restricted ownership unit must occupy it as the certified household's principal residence and shall not lease the unit; provided, however, that the administrative agent may permit the owner of a restricted ownership unit, upon application and a showing of hardship, to lease the restricted unit to another certified household for a period not to exceed one year.
(4) 
The administrative agent shall certify a household as eligible for a restricted ownership unit when the household is a low-income household or a moderate-income household, as applicable to the unit, and the estimated monthly housing cost for the particular unit (including principal, interest, property taxes, homeowner and private mortgage insurance and condominium or homeowner association fees, as applicable) does not exceed 35% of the household's eligible monthly income; provided, however, that this limit may be exceeded if one or more of the following circumstances exists:
(a) 
The household currently pays more than 35% (40% for households eligible for age-restricted units) of its gross household income for housing expenses, and the proposed housing expenses will reduce its housing costs;
(b) 
The household has consistently paid more than 35% (40% for households eligible for age-restricted units) of eligible monthly income for housing expenses in the past and has proven its ability to pay; or
(c) 
The household is currently in substandard or overcrowded living conditions;
(d) 
The household documents the existence of assets, within the asset limitation otherwise applicable, with which the household proposes to supplement the rent payments.
P. 
Limitations on indebtedness secured by ownership unit; subordination.
(1) 
Prior to incurring any indebtedness to be secured by a restricted ownership unit, the owner shall apply to the administrative agent for a determination in writing that the proposed indebtedness complies with the provisions of this section, and the administrative agent shall issue such determination prior to the owner incurring such indebtedness.
(2) 
With the exception of original purchase money mortgages, neither an owner nor a lender shall at any time during the control period cause or permit the total indebtedness secured by a restricted ownership unit to exceed 95% of the maximum allowable resale price of that unit, as such price is determined by the administrative agent in accordance with N.J.A.C. 5:80-26.7(c).
Q. 
Control periods for restricted rental units.
(1) 
Control periods for units that meet the definition of prior round units shall be pursuant to the 2001 UHAC rules originally adopted October 1, 2001, 33 N.J.R. 3432, and amended December 20, 2004, 36 N.J.R. 5713 and shall remain subject to the requirements of this section for a period of at least 30 years as applicable unless otherwise indicated.
(2) 
Other than for prior round units, control periods for restricted rental units shall be in accordance with N.J.A.C. 5:80-26.12, as may be amended and supplemented, and each restricted rental unit shall remain subject to the requirements of this section for a period of at least 40 years. Restricted rental units created as part of developments receiving 9% low-income housing tax credits must comply with a control period of not less than a 30-year compliance period plus a 15-year extended use period for a total of 45 years.
(3) 
The affordability control period for a restricted rental unit shall commence on the first date that a unit is issued a certificate of occupancy following the execution of the deed restriction or, if affordability controls are being extended, on the effective date of the extension, which is the end of the original control period.
(4) 
Rehabilitated renter-occupied housing units that are improved to code standards shall be subject to affordability controls for a period of not less than 10 years.
(5) 
Prior to the issuance of any building permit for the construction/rehabilitation of restricted rental units, the developer/owner and the municipality shall record a preliminary instrument provided by the administrative agent.
(6) 
Deeds of all real property that include restricted rental units shall contain deed restriction language. The deed restriction shall have priority over all mortgages on the property. The deed restriction shall be recorded by the developer with the County Records Office, and provided as filed and recorded, to the administrative agent within 30 days of the receipt of a certificate of occupancy.
(7) 
A restricted rental unit shall remain subject to the affordability controls of this section despite the occurrence of any of the following events:
(a) 
Sublease or assignment of the lease of the unit;
(b) 
Sale or other voluntary transfer of the ownership of the unit;
(c) 
The entry and enforcement of any judgment of foreclosure on the property containing the unit; or
(d) 
The end of the control period, until the occupant household vacates the unit, or is certified as over-income and the controls are released in accordance with UHAC.
R. 
Rent restrictions for rental units; leases and fees.
(1) 
The initial rent for a restricted rental unit shall be set by the administrative agent.
(2) 
A written lease shall be required for all restricted rental units, except for units in an assisted living residence, and tenants shall be responsible for security deposits and the full amount of the rent as stated on the lease. A copy of the current lease for each restricted rental unit shall be retained on file by the administrative agent.
(3) 
No additional fees, operating costs, or charges shall be added to the approved rent (except, in the case of units in an assisted living residence, to cover the customary charges for food and services) without the express written approval of the administrative agent.
(a) 
Operating costs, for the purposes of this section, include certificate of occupancy fees, move-in fees, move-out fees, mandatory internet fees, mandatory cable fees, mandatory utility submetering fees, and for developments with more than one and a half off-street parking spaces per unit, parking fees for one parking space per household.
(4) 
Any fee structure that would remove or limit affordable unit occupant access to any amenities or services that are required or included for market-rate unit occupants is prohibited. Application fees (including the charge for any credit check) shall not exceed 5% of the monthly rent of the applicable restricted unit to be applied to the costs of administering the controls applicable to the unit as set forth in this section.
(5) 
Fees for unit-specific, non-communal items that are charged to market-rate unit tenants on an optional basis, such as pet fees for tenants with pets, storage spaces, bicycle-share programs, or one-time rentals of party or media rooms, may also be charged to affordable unit tenants, if applicable.
(6) 
Pet fees may not exceed $30 per month and associated one-time payments for optional fees pertaining to pets, such as a pet cleaning fee, are prohibited.
(7) 
Fees charged to affordable unit tenants for other optional, unit-specific, non-communal items shall not exceed the amounts charged to market-rate tenants.
(8) 
For any prior round rental unit leased before December 20, 2024, elements of the existing fee structure that are consistent with prior rules, but inconsistent with N.J.A.C. 5:80-26.13(c)1, may continue until the occupant household's current lease term expires or that occupant household vacates the unit, whichever occurs later.
S. 
Tenant income eligibility.
(1) 
Tenant income eligibility shall be determined pursuant to N.J.A.C. 5:80-26.14, as may be amended and supplemented, and shall be determined as follows:
(a) 
Very-low-income rental units shall be reserved for households with a gross household income less than or equal to 30% of the regional median income by household size.
(b) 
Low-income rental units shall be reserved for households with a gross household income less than or equal to 50% of the regional median income by household size.
(c) 
Moderate-income rental units shall be reserved for households with a gross household income less than 80% of the regional median income by household size.
(2) 
The administrative agent shall certify a household as eligible for a restricted rental unit when the household is a very-low-income, low-income or moderate-income household, as applicable to the unit, and the rent proposed for the unit does not exceed 35% (40% for age-restricted units) of the household's eligible monthly income as determined pursuant to N.J.A.C. 5:80-26.17, as may be amended and supplemented; provided, however, that this limit may be exceeded if one or more of the following circumstances exists:
(a) 
The household currently pays more than 35% (40% for households eligible for age-restricted units) of its gross household income for rent, and the proposed rent will reduce its housing costs;
(b) 
The household has consistently paid more than 35% (40% for households eligible for age-restricted units) of eligible monthly income for rent in the past and has proven its ability to pay;
(c) 
The household is currently in substandard or overcrowded living conditions;
(d) 
The household documents the existence of assets with which the household proposes to supplement the rent payments; or
(e) 
The household documents reliable anticipated third-party assistance from an outside source such as a family member in a form acceptable to the administrative agent and the owner of the unit.
(3) 
The applicant shall file documentation sufficient to establish the existence of any of the circumstances in Subsection S(2)(a) through (e) above with the administrative agent, who shall counsel the household on budgeting.
T. 
Municipal housing liaison.
(1) 
The municipal housing liaison shall be approved by municipal resolution.
(2) 
The municipal housing liaison shall be approved by the Division, or is in the process of getting approval, and fully or conditionally meets the requirements for qualifications, including initial and periodic training as set forth in in N.J.A.C. 5:99-1 et seq.
(3) 
The municipal housing liaison shall be responsible for oversight and administration of the affordable housing program, including the following responsibilities, which may not be contracted out to the administrative agent:
(a) 
Serving as the primary point of contact for all inquiries from the Affordable Housing Dispute Resolution Program, the state, affordable housing providers, administrative agents and interested households.
(b) 
The oversight of the affirmative marketing plan and affordability controls.
(c) 
When applicable, overseeing and monitoring any contracting administrative agent.
(d) 
Overseeing the monitoring of the status of all restricted units listed in the Fair Share Plan.
(e) 
Verifying, certifying and providing annual information within AHMS at such time and in such form as required by the Division.
(f) 
Coordinating meetings with affordable housing providers and administrative agents, as needed.
(g) 
Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by the Division.
(h) 
Overseeing the recording of a preliminary instrument in the form set forth at N.J.A.C. 5:80-26.1 for each affordable housing development.
(i) 
Coordinating with the administrative agent, Municipal Attorney and Municipal Construction Code Official to ensure that permits are not issued unless the document required in Subsection T(3)(h) above has been duly recorded.
(j) 
Listing on the municipal website contact information for the MHL and administrative agents.
U. 
Administrative agent.
(1) 
All municipalities that have created or will create affordable housing programs and/or affordable units shall designate or approve, for each project within its HEFSP, an administrative agent to administer the affordable housing program and/or affordable housing units in accordance with the requirements of the FHA, N.J.A.C. 5:99-1 et seq. and UHAC.
(2) 
The fees for administrative agents shall be paid as follows:
(a) 
Administrative agent fees related to rental units shall be paid by the developer/owner.
(b) 
Administrative agent fees related to initial sale of units shall be paid by the developer.
(c) 
Administrative agent fees related to resales shall be paid by the seller of the affordable home.
(d) 
Administrative agent fees related to ongoing administration and enforcement shall be paid by the municipality.
(3) 
An operating manual for each affordable housing program shall be provided by the administrative agent(s). The operating manual(s) shall be available for public inspection in the office of the Clerk and in the office(s) of the administrative agent(s). Operating manuals shall be adopted by resolution of the governing body.
(4) 
Subject to the role of the administrative agent(s), the duties and responsibilities as are set forth in N.J.A.C. 5:99-7and which are described in full detail in the operating manual, including those set forth in UHAC, include:
(a) 
Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by the Division;
(b) 
Affirmative marketing:
[1] 
Conducting an outreach process to affirmatively market affordable housing units in accordance with the affirmative marketing plan of the municipality and the provisions of N.J.A.C. 5:80-26.16.
[2] 
Providing counseling, or contracting to provide counseling services, to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements; and landlord/tenant law.
(c) 
Household certification.
[1] 
Soliciting, scheduling, conducting and following up on interviews with interested households.
[2] 
Conducting interviews and obtaining sufficient documentation of gross income and assets upon which to base a determination of income eligibility for a low- or moderate-income unit;
[3] 
Providing written notification to each applicant as to the determination of eligibility or non-eligibility within five days of the determination thereof.
[4] 
Requiring that all certified applicants for restricted units execute a certificate substantially in the firm, as applicable, of either the ownership or rental certificates set forth in the Appendices J and K of N.J.A.C. 5:80-26.1 et seq.
[5] 
Creating and maintaining a referral list of eligible applicant households living in the housing region, and eligible applicant households with members working in the housing region, where the units are located.
[6] 
Employing a random selection process as provided in the affirmative marketing plan when referring households for certification to affordable units.
(d) 
Affordability controls.
[1] 
Furnishing to attorneys or closing agents forms of deed restrictions and mortgages for the recording at the time of conveyance of title of each restricted unit.
[2] 
Ensuring that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and filed properly with the County Register of Deeds or County Clerk's office after the termination of the affordability controls for each restricted unit in accordance with UHAC.
[3] 
Communicating with lenders and the municipal housing liaison regarding foreclosures.
[4] 
Ensuring the issuance of continuing certificates of occupancy or certifications pursuant to N.J.A.C. 5:80-26.11.
(e) 
Records retention.
[1] 
Creating and maintaining a file on each restricted unit for its control period, including the recorded deed with restrictions, recorded recapture mortgage, and note, as appropriate.
[2] 
Records received, retained, retrieved, or transmitted in furtherance of crediting affordable units of a municipality constitute public records of the municipality as defined by N.J.S.A. 47:3-16, and are legal property of the municipality.
(f) 
Resales and re-rentals.
[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 re-rental.
[2] 
Instituting and maintaining an effective means of communicating information to very-low-, low-, or moderate-income households regarding the availability of restricted units for resale or re-rental.
(g) 
Processing requests from unit owners.
[1] 
Reviewing and approving requests from owners of restricted units who wish to refinance or take out home equity loans during the term of their ownership to determine that the amount of indebtedness to be incurred will not violate the terms of this section.
[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 depreciated cost of central air conditioning systems.
[3] 
Notifying the municipality of an owner's intent to sell a restricted unit.
[4] 
Making determinations on requests by owners of restricted units for hardship waivers.
(h) 
Enforcement.
[1] 
Securing annually from the municipality a list of all affordable ownership units for which property 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] 
Sending annual mailings to all owners of affordable dwelling units reminding them of the notices and requirements outlined in N.J.A.C. 5:80-26.19(d)4;
[4] 
Establishing a program for diverting unlawful rent payments to the municipal Affordable Housing Trust Fund; and
[5] 
Creating and publishing a written operating manual for each affordable housing program administered by the administrative agent setting forth procedures for administering the affordability controls.
(i) 
The administrative agent(s) shall, as delegated by the municipality, have the authority to take all actions necessary and appropriate to carry out its/their responsibilities, herein.
V. 
Responsibilities of the owner of a development containing affordable units.
(1) 
The owner of all developments containing affordable units subject to this section or the assigned management company thereof shall provide to the administrative agent:
(a) 
Site plan, architectural plan, or other plan that identifies the location of each affordable unit, if subject to the site plan approval, settlement agreement, or other applicable document regulating the location of affordable units. The administrative agent shall determine the location of affordable units if not set forth in the site plan approval, settlement agreement, or other applicable document.
(b) 
The total number of units in the project and the number of affordable units.
(c) 
The breakdown of the affordable units by or identification of affordable unit locations by bedroom count and income level, including street addresses/unit numbers, if subject to the site plan approval, settlement agreement, or other applicable document regulating the breakdown of affordable units. The administrative agent shall determine the bedroom and income distribution if not set forth in the site plan approval, settlement agreement, or other applicable document.
(d) 
Floor plans of all affordable units, including complete and accurate identification of all rooms and the dimensions thereof.
(e) 
A projected construction schedule.
(f) 
The location of any common areas and elevators.
(g) 
The name of the person who will be responsible for official contact with the administrative agent for the duration of the project, which must be updated if the contact changes.
(2) 
In addition to Subsection V(1) above, the owner of rental developments containing affordable rental units subject to this section or the assigned management company thereof shall:
(a) 
Send to all current tenants in all restricted rental units an annual mailing containing a notice as to the maximum permitted rent and a reminder of the requirement that the unit must remain their principal place of residence, which is defined as residing in the unit at least 260 days out of each calendar year, together with the telephone number, mailing address, and email address of the administrative agent to whom complaints of excess rent can be issued.
(b) 
Provide to the administrative agent a description of any applicable fees.
(c) 
Provide to the administrative agent a description of the types of utilities and which utilities will be included in the rent.
(d) 
Agree and ensure that the utility configuration established at the start of the rent-up process not be altered at any time throughout the restricted period.
(e) 
Provide to the administrative agent a proposed form of lease for any rental units.
(f) 
Ensure that the tenant selection criteria for the applicants for affordable units not be more restrictive that the tenant selection criteria for applicants for non-restricted units.
(g) 
Strive to maintain the continued occupancy of the affordable units during the entire restricted period.
(3) 
In addition to Subsection V(1) above, the owner of affordable for-sale developments containing affordable for-sale units subject to this section or the assigned management company thereof shall provide the administrative agent:
(a) 
Proposed pricing for all units, including any purchaser options and add-on items.
(b) 
Condominium or homeowner association fees and any other applicable fees.
(c) 
Estimated real property taxes.
(d) 
Sewer, water, trash disposal, and any other utility assessments.
(e) 
Flood insurance requirement, if applicable.
(f) 
The state-approved planned real estate development public offering statement and/or master deed, where applicable, as well as the full build-out budget.
W. 
Enforcement of affordable housing regulations.
(1) 
Upon the occurrence of a breach of any of the regulations governing the affordable unit by an owner, developer or tenant, the municipality shall have all remedies provided at law or equity, including but not limited to foreclosure, tenant eviction, municipal fines, a requirement for household recertification, acceleration of all sums due under a mortgage, recoupment of any funds from a sale in the violation of the regulations, injunctive relief to prevent further violation of the regulations, entry on the premises, and specific performance.
(2) 
After providing written notice of a violation to an owner, developer or tenant of an affordable unit and advising the owner, developer or tenant of the penalties for such violations, the municipality may take the following action against the owner, developer or tenant for any violation that remains uncured for a period of 60 days after service of the written notice:
(a) 
The municipality may file a court action pursuant to N.J.S.A. 2A:58-11 alleging a violation, or violations, of the regulations governing the affordable housing unit. If the owner, developer or tenant is found by the Court to have violated any provision of the regulations governing affordable housing units the owner, developer or tenant shall be subject to one or more of the following penalties, at the discretion of the Court:
[1] 
A fine of not more than $500 per day or imprisonment for a period not to exceed 90 days, or both, unless otherwise specified below, provided that each and every day that the violation continues or exists shall be considered a separate and specific violation of these provisions and not a continuation of the initial offense;
[2] 
In the case of an owner who has rented his or her low- or moderate-income unit in violation of the regulations governing affordable housing units, payment into the Affordable Housing Trust Fund of the gross amount of rent illegally collected;
[3] 
In the case of an owner who has rented his or her affordable unit in violation of the regulations governing affordable housing units, payment of an innocent tenant's reasonable relocation costs, as determined by the Court.
(3) 
The municipality shall have the authority to levy fines against the owner of the development for instances of noncompliance with NJHRC advertising requirements (N.J.S.A. 52:27D-321.6.e.(2)), following written notice to the owner. The fine for the first offense of noncompliance shall be $5,000, the fine for the second offense of noncompliance shall be $10,000, and the fine for each subsequent offense of noncompliance shall be $15,000.
(4) 
The municipality may file a court action in the Superior Court seeking a judgment, which would result in the termination of the owner's equity or other interest in the unit, in the nature of a mortgage foreclosure. Any judgment shall be enforceable as if the same were a judgment of default of the first purchase money mortgage and shall constitute a lien against the low- or moderate-income unit.
(a) 
Such judgment shall be enforceable, at the option of the municipality, by means of an execution sale by the Sheriff, at which time the affordable unit of the violating owner shall be sold at a sale price which is not less than the amount necessary to fully satisfy and pay off any first purchase money mortgage and prior liens and the costs of the enforcement proceedings incurred by the municipality, including attorney's fees. The violating owner shall have the right to possession terminated as well as the title conveyed pursuant to the Sheriff's sale.
(b) 
The proceeds of the Sheriff's sale shall first be applied to satisfy the first purchase money mortgage lien and any prior liens upon the low- or moderate-income unit. The excess, if any, shall be applied to reimburse the municipality for any and all costs and expenses incurred in connection with either the court action resulting in the judgment of violation or the Sheriff's sale. In the event that the proceeds from the Sheriff's sale are insufficient to reimburse the municipality in full as aforesaid, the violating owner shall be personally responsible for the full extent of such deficiency, in addition to any and all costs incurred by the municipality in connection with collecting such deficiency. In the event that a surplus remains after satisfying all of the above, such surplus shall be placed in escrow by the municipality for the owner and shall be held in such escrow for a maximum period of two years or until such earlier time as the owner shall make a claim with the municipality for such. Failure of the owner to claim such balance within the two-year period shall automatically result in a forfeiture of such balance to the municipality. Any interest accrued or earned on such balance while being held in escrow shall belong to and shall be paid to the municipality, whether such balance shall be paid to the owner or forfeited to the municipality.
(c) 
Foreclosure due to violation of the regulations governing affordable housing units shall not extinguish the restrictions of the regulations governing affordable housing units as they apply to the low- and moderate-income unit. Title shall be conveyed to the purchaser at the Sheriff's sale, subject to the restrictions and provisions of the regulations governing the affordable housing unit. The owner determined to be in violation of the provisions of this plan and from whom title and possession were taken by means of the Sheriff's sale shall not be entitled to any right of redemption.
(d) 
If there are no bidders at the Sheriff's sale, or if insufficient amounts are bid to satisfy the first purchase money mortgage and any prior liens, the municipality may acquire title to the affordable unit by satisfying the first purchase money mortgage and any prior liens and crediting the violating owner with an amount equal to the difference between the first purchase money mortgage and any prior liens and costs of the enforcement proceedings, including legal fees and the maximum resale price for which the affordable unit could have been sold under the terms of the regulations governing affordable housing units. This excess shall be treated in the same manner as the excess that would have been realized from an actual sale as previously described.
(e) 
Failure of the low- or moderate-income unit to be either sold at the Sheriff's sale or acquired by the municipality shall obligate the owner to accept an offer to purchase from any qualified purchaser that may be referred to the owner by the municipality, with such offer to purchase being equal to the maximum resale price of the low- or moderate-income unit as permitted by the regulations governing affordable housing units.
(f) 
The affordable unit owner shall remain fully obligated, responsible and liable for complying with the terms and restrictions of governing affordable housing units until such time as title is conveyed from the owner.
(5) 
It is the responsibility of the municipal housing liaison and the administrative agent(s) to ensure that affordable housing units are administered properly. All affordable units must be occupied within a reasonable amount of time and be re-leased within a reasonable amount of time upon the vacating of the unit by a tenant. If an administrative agent or municipal housing liaison becomes aware of or suspects that a developer, landlord, or property manager has not complied with these regulations, it shall report this activity to the Division. The Division must notify the developer, landlord, or property manager, in writing, of any violation of these regulations and provide a 30-day cure period. If, after the 30-day cure period, the developer, landlord, or property manager remains in violation of any terms of this section, including by keeping a unit vacant, the developer, landlord, or property manager may be fined up to the amount required to construct a comparable affordable unit of the same size and the deed-restricted control period will be extended for the length of the time the unit was out of compliance, in addition to the remedies provided for in this section. For the purposes of this subsection, a reasonable amount of time shall presumptively be 60 days, unless a longer period of time is required due to demonstrable market conditions and/or failure of the municipal housing liaison or the administrative agent to refer a certified tenant.
(6) 
Banks and other lending institutions are prohibited from issuing any loan secured by owner occupied real property subject to the affordability controls set forth in this section if such loan would be in excess of amounts permitted by the restriction documents recorded in the deed or mortgage book in the county in which the property is located. Any loan issued in violation of this subsection is void as against public policy.
(7) 
The Agency and the Department hereby reserve, for themselves and for each administrative agent appointed pursuant to this section, all of the rights and remedies available at law and in equity for the enforcement of this section, including, but not limited to, fines, evictions, and foreclosures as approved by a county-level housing judge.
X. 
Appeals.
(1) 
Appeals from all decisions of an administrative agent appointed pursuant to this section must be filed, in writing, with the municipal housing liaison. A decision by the municipal housing liaison may be appealed to the Division. A written decision of the Division Director upholding, modifying, or reversing an administrative agent's decision is a final administrative action.
[1]
Editor's Note: See also Ch. 123, Affordable Housing.
[2]
Editor's Note: This ordinance repealed former § 560-48, Affordable housing. Prior history includes Ord. No. 1533; Ord. No. 1581 and Ord. No. 1591.
A. 
Applicability.
(1) 
New towers and antennas. All new towers or antennas shall be subject to these regulations, except as provided in Subsection A(2) and (3).
(2) 
Amateur radio station operators/receivers-only antennas. This section shall not govern any tower, or installation of any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
(3) 
Preexisting towers and antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of Subsection B(7) and (8).
B. 
General requirements.
(1) 
District locations. Towers and antennas may be located in only the following districts: B, P and LI.
(2) 
Principal or accessory uses. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.
(3) 
Lot size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased or licensed parcels within such lot.
(4) 
Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the appropriate land use board, Zoning Officer and Construction Official an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the Borough or within any adjacent or contiguous municipality, including specific information about the location, height and design of each tower. The Zoning Officer or Construction Official may share such information with other applicants applying for municipal approvals, site plan review or variances under this section or other organizations seeking to locate antennas within the jurisdiction of the Borough; provided, however, that the Zoning Officer or Construction Official, or both, by sharing such information, is not in any way representing or warranting that such sites are available or suitable.
(5) 
Aesthetics. Towers and antennas shall meet the following requirements:
(a) 
Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of either the FAA or the FCC, be painted a neutral color so as to reduce visual obtrusiveness.
(b) 
At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.
(c) 
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(6) 
Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the view of the surrounding properties.
(7) 
State and federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations within the required time frame shall constitute grounds for the immediate removal of the tower or antenna at the owner's expense.
(8) 
Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Borough concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being given to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards; provided, however, that if the nature of such defect or noncompliance is such that it causes an immediate threat to the life or safety of any person or property, then the owner shall take immediate corrective action in order to eliminate such risk. Temporary repairs shall be taken immediately, with permanent repairs to be completed within the thirty-day period aforesaid. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the immediate removal of the tower or antenna at the owner's expense.
(9) 
Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the Borough irrespective of municipal and county jurisdictional boundaries.
(10) 
Not essential services. Towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities, or private utilities.
(11) 
Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Borough have been obtained and shall file a copy of all required franchises with the Zoning Officer.
(12) 
Public notice. For purposes of this section, any notice required shall conform to the requirements of the Municipal Land Use Act, as may from time to time be amended and supplemented.
(13) 
Signs. No signs, other than safety or warning signs as required by the FCC or the appropriate state or federal agency, shall be allowed on an antenna, tower or ancillary structure.
(14) 
Buildings and support equipment. Buildings and support equipment associated with antennas shall comply with the requirements of this § 560-49.
(15) 
Multiple antenna/tower plan. The Borough encourages the users of towers and antennas to submit a single application for approval of multiple antennas.
C. 
Permitted uses.
(1) 
General. The uses permitted in this section are deemed to be permitted uses. Site plan approval shall be required, however. In the event that the construction is to occur on Borough property, the written consent and approval of the Borough Council shall be required, and the Borough Council may impose such terms and conditions as it deems necessary or advisable.
(2) 
Permitted uses. The following uses are specifically permitted:
(a) 
Antennas or towers located on property owned, leased, or otherwise controlled by the Borough, provided that a license or lease authorizing such antenna or tower has been approved by the Borough Council.
(b) 
In the following districts, as defined by the Zoning Ordinance of the Borough: P, B and LI.
D. 
Site plan review and approval requirements.
(1) 
Site plan review shall be required with respect to all antennas or towers located within the Borough.
(2) 
No person shall construct or erect, or cause to be constructed or erected, a tower or antenna unless site plan approval is obtained from the appropriate land use board. The following provisions shall apply:
(a) 
Applications for site plan approval under this section shall be subject to the procedures and requirements of the Site Plan Review Ordinance of the Borough, except as modified herein.
(b) 
In granting site plan approval, the appropriate land use board may impose conditions to the extent that such board concludes such conditions are necessary to minimize any adverse effect of the proposed tower to adjoining properties.
(c) 
Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.
(d) 
An applicant for site plan approval shall submit the information described in this section and a nonrefundable fee, as established by the Borough Council or pursuant to existing Borough escrow fee regulations, to reimburse the Borough for the cost of reviewing the application.
(3) 
Information required for site plan approval of towers. In addition to any information required for the application for site plan approval pursuant to the applicable ordinance of the Borough, applicants for site plan approval for a tower shall submit the following information:
(a) 
A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in Subsection F, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the appropriate land use board to be necessary to assess compliance with this section.
(b) 
A survey of the property, signed and sealed by a surveyor licensed in the State of New Jersey, dated no earlier than 12 months prior to the date of application.
(c) 
The distance between the proposed tower and the nearest structure or use, residential and otherwise, platted residentially zoned properties, and unplatted residentially zoned properties.
(d) 
The separation distance from other towers described in the inventory of existing sites submitted pursuant to Subsection B(4) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
(e) 
A landscape plan showing specific landscape materials.
(f) 
The method of security fencing and finished color and, if applicable, the method of camouflage and illumination.
(g) 
Identification of all entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.
(h) 
A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
(i) 
A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide services to be provided through the use of the proposed new tower.
(j) 
A description of the feasible location(s) of future towers or antennas within the Borough or within contiguous municipalities based upon existing physical, engineering, technological or geographical limitations in the event that the proposed tower is erected.
(k) 
A line-of-sight analysis detailing the view of the proposed tower from various directions and angles from adjacent areas. The analysis shall be utilized to determine buffer requirements.
(4) 
Factors considered in granting site plan approval for towers. In addition to any standards for consideration of site plan applications pursuant to the Site Plan Ordinance of the Borough, the appropriate land use board shall consider the following facts in determining whether to issue site plan approval, although such board may waive or reduce the burden on the applicant of one or more of these criteria if the land use board concludes that the goals of this section are better served thereby:
(a) 
Height of the proposed tower;
(b) 
Proximity of the tower to residential structures and residential district boundaries;
(c) 
Nature of uses on nearby and adjacent properties;
(d) 
Surrounding topography;
(e) 
Surrounding tree foliage and coverage;
(f) 
Design of the tower, with particular preference to the design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
(g) 
Proposed ingress and egress of that site; and
(h) 
Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in this section.
E. 
Availability of suitable existing towers, other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the appropriate land use board that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the land use board related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:
(1) 
No existing towers or structures are located within the geographic area which meet the applicant's engineering requirements.
(2) 
Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.
(3) 
Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.
(4) 
The applicant's antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
(5) 
The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable.
(6) 
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(7) 
The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
F. 
Separation. The following separation requirements shall apply to all towers and antennas for which site plan approval is required; provided, however, that the appropriate land use board may reduce the standard separation requirements if the goals of this section would be better served thereby:
(1) 
Separation from off-site uses/designated areas.
(a) 
Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.
(b) 
Separation requirements for towers shall comply with the minimum standards established in Table 1, except that such standards shall not apply to water towers.
TABLE 1
Off-Site Use/Designated Area
Separation Distance
Single-family or two-family residential units
100 feet or 100% of the height of the tower, whichever is greater
Vacant or single-family or two-family residentially zoned land which is either platted or has preliminary subdivision plan approved which has not expired
100 feet or 100% of the tower height, whichever is greater
Vacant unplatted residentially zoned lands
100 feet or 100% of the tower height, whichever is greater
Existing multifamily residential units greater than two-family units
100 feet or 100% of the tower height, whichever is greater
Nonresidentially zoned lands or nonresidential uses
None; only setbacks apply
(2) 
Separation distances between towers. Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be shown in Table 2.
TABLE 2
Existing Tower Types
Lattice
Guyed
Monopole 75 feet in Height or Greater
Monopole Less than 75 feet in Height
Lattice
5,000
5,000
1,500
750
Guyed
5,000
5,000
1,500
750
Monopole 75 feet in height or greater
1,500
1,500
1,500
750
Monopole less than 75 feet or greater
750
750
750
750
G. 
Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with appropriate anticlimbing devices.
H. 
Landscaping. The following requirements shall govern the landscaping surrounding towers; provided, however, that the appropriate land use board may waive such requirements if the goals of this section would be better served thereby:
(1) 
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.
(2) 
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.
(3) 
Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases of such towers sited on large wooded lots, natural growth around the property perimeter may be sufficient buffer.
I. 
Regulations and standards; antennas. The following regulations and standards shall apply to all antennas:
(1) 
Antennas on existing towers. An antenna which is attached to an existing tower may be approved by the appropriate land use board and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided that such collocation is accomplished in a manner consistent with the following:
(a) 
A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the appropriate local land use board allows reconstruction as a monopole.
(b) 
Height. An existing tower may be modified or rebuilt to a taller height, not to exceed 30 feet over the tower's existing height, to accommodate the collocation of an additional antenna.
(c) 
On-site location. After the tower is rebuilt to accommodate collocation, only one tower may remain on the site.
(2) 
Antennas on existing structures. Any antenna which is not attached to a tower may be approved by the appropriate land use board, or by the Borough Council with respect to any municipally owned or controlled structure, as an accessory use to any commercial, public, professional, institutional or multifamily structure of eight or more dwelling units, provided that:
(a) 
The antenna does not extend more than 30 feet above the highest point of the structure;
(b) 
The antenna complies with all applicable FCC and FAA regulations; and
(c) 
The antenna complies with all applicable building codes.
J. 
Building or other equipment storage. The equipment cabinet or structure used in association with antennas shall comply with the following:
(1) 
The cabinet or structure shall not contain more than 200 square feet of floor area nor be more than 12 feet high.
(2) 
If the equipment cabinet is located on the roof of the building, the area of the equipment cabinet and other equipment and structures shall not occupy more than 10% of the footprint of the roof area. In addition, the building plus the equipment cabinet shall not exceed 30 feet in height in order to conform to the Borough's height limitation. The height limitation, however, shall not apply to the tower or antenna.
(3) 
Equipment storage buildings or cabinets shall comply with all applicable zoning codes.
(4) 
If the equipment structure is located on the roof of a building, it shall be camouflaged.
(5) 
The equipment cabinet or structure shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet.
(6) 
Modification of building size requirements. The requirements of this section may be modified by the land use board in order to encourage collocation.
K. 
Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of six months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 45 days of receipt of notice from the Borough notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said forty-five-day period shall be grounds to remove the antenna or tower at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. Any unused antenna shall be promptly removed from the tower.
[Added 10-16-2018 by Ord. No. 1532]
This § 560-50 shall not apply to any application for development which undergoes site plan review pursuant to Chapter 345.
A. 
All lots shall be graded to prevent the accumulation of stormwater. Topsoil shall be provided and/or redistributed on the surface as cover and shall be stabilized with stones, seeding or planting. Grading plans shall be submitted with all zoning permit applications involving new construction; any alterations which increase the total impervious coverage by 5% or more of the total lot area and result in total impervious coverage that is 80% or more of the maximum permitted impervious coverage; installation of any impervious improvements of within four feet of a side or rear property line; any change in grade which alters the course of stormwater; or construction of any retention wall; for review and approval by the Borough's engineer. The plan shall conform to the following requirements:
(1) 
Wherever possible, the land shall be graded to maintain all existing drainage paths while directing stormwater to the street. In the event directing stormwater to the street will interfere with existing drainage paths involving adjacent properties, stormwater shall be directed to an existing drainage path or interior yard collection system designed in accordance with this chapter. Stormwater will not be permitted to run directly onto an adjacent property unless a preexisting drainage path is present; provided that in no event shall any construction result in an increase in runoff to adjacent properties.
(2) 
The minimum slope for lawns and disturbed areas shall be 1 1/2% and for smooth, hard-finished surfaces shall be 4/10 of 1%.
(3) 
The maximum grade for lawns and disturbed areas within five feet of a building shall be 10%, and for lawns and disturbed areas more than five feet from a building, 25%; except that, for the driveway the maximum grade shall be 15%.
(4) 
Retaining walls shall only be installed to comply with the minimum elevation requirements of this section and shall not be installed arbitrarily. Retaining walls installed in slope-controlled areas shall be constructed of reinforced concrete or other reinforced masonry and shall be adequately designed by a New Jersey licensed professional engineer and detailed in the plan to carry all earth pressures, including any surcharges. The retaining walls shall be finished on all exposed faces. Where retaining walls are constructed of poured concrete or cinder block, they shall be faced with brick, stone, or stucco. The heights of retaining walls shall not exceed 1/3 of the horizontal distance from the foundation wall of any building to the face of the retaining wall. The applicant and applicant's design engineer shall make every attempt to limit the use of retaining walls and minimize the retaining wall's height to avoid abrupt vertical changes with adjacent properties.
[Amended 4-20-2021 by Ord. No. 1586; 11-7-2023 by Ord. No. 1658]
(5) 
All new construction and substantial improvements as defined in Chapter 300 will be required to furnish and install an underground stormwater recharge system to limit the amount of runoff generated by the construction. The system shall conform to the following requirements:
(a) 
The applicant shall install five linear feet of underground storage (Detail S-2) for every 500 square feet of the total impervious and semi-pervious coverage or provide and install a system equivalent to the recommended design as approved by the Borough's Engineer.
[Amended 4-20-2021 by Ord. No. 1586]
(b) 
The system shall be designed to collect stormwater runoff from the roof leaders or an equivalent amount of runoff through inlets or yard drains.
(c) 
The system will be designed to convey the excess stormwater to the street.
(6) 
The plan shall include center line roadway elevations at the property lines.
[Added 4-20-2021 by Ord. No. 1586]
(7) 
All new construction, or construction constituting substantial improvement, adjacent to roadways where the average centerline elevation, measured at the property lines, is below elevation six feet (NAVD 1988) will be required to facilitate raising the lot grade to a required minimum elevation 6.5 feet (NAVD 1988), measured at the foundation. Garage floors shall be built to a minimum elevation of seven feet (NAVD 1988).
[Added 4-20-2021 by Ord. No. 1586; amended 7-19-2022 by Ord. No. 1612; 11-7-2023 by Ord. No. 1658]
(a) 
Driveway grades at the property line are exempt from the six-foot (NAVD 88) elevation requirement where required to allow for vehicle access to the property provided that: minimum grades at the foundation are maintained and the width of the exempt area does not exceed 12 feet for a driveway designed to accommodate in-line parking or 22 feet for a driveway designed to accommodate two cars side by side.
(8) 
All new construction, or construction constituting substantial improvement, adjacent to roadways where the average centerline elevation, measured at the property lines, is at or above elevation six feet (NAVD 1988) will not be permitted to construct retaining walls any higher than necessary to provide stormwater lot drainage consistent with § 560-50A. Interior yard collection systems are preferred to simply grading the property from rear to front.
[Added 11-7-2023 by Ord. No. 1658]
B. 
Failure to adhere to the lot grading requirements or approved plans may result in additional inspections. The applicant shall be responsible to provide all additional fees associated with multiple reinspections that are necessary due to defective workmanship, lack of coordination, lack of work progression, and any aspect of work that is unacceptable to the Borough. The Borough Engineer shall advise the applicant, in writing, of said additional fee if warranted.
[Added 4-20-2021 by Ord. No. 1586]