[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.
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:
(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.
(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]
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.
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 habitable story
of the principal structure shall be situated directly above a fully
enclosed habitable area.
(4)
In no event shall any deck having a floor situated above two habitable
stories be covered with a roof, fixed awning or other permanent cover.
(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.
For a lot located in two districts, the regulations of the more-restrictive
district shall be applied to the entire lot.
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.
(1)
Notwithstanding the setback requirements set forth in Article IV above, the following shall be permitted in yard spaces in all zoning districts:
(a)
Landings/stairs.
[Amended 2-19-2013 by Ord. No. 1416; 10-15-2013 by Ord. No. 1432; 3-19-2019 by Ord. No. 1541]
[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 Zoning District, 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 Zoning District, 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 Zoning District, 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 Zoning District. 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 District.
(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."
(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 or front property line.
(g)
Fences; panels shall not exceed 48 inches and a final height to top of panel shall not exceed 54 inches, with the exception of fence enclosing swimming pools subject to § 560-43, provided that:
[Amended 4-18-2023 by Ord. No. 1632; 11-7-2023 by Ord. No. 1656]
[1]
Fence requirements necessary to comply with the Construction Code and the Zoning General Provisions and Exceptions for fence requirements in all zone areas may change, such as through compliance of adjacent properties within § 560-50. It is the responsibility of the property owner to comply at all times with the fence height setback requirements. Where adjacent lot grades have been elevated due to lot grading requirements, fence heights exceeding four feet will be permitted only for the section of fence facing an elevated retention wall higher than the existing fence. Fences will not be permitted to be higher than the minimum height required by building or construction codes.
[2]
Any portion of a fence construction intended or utilized for
the support of the fence shall be located on the inside of the fence,
facing the principal portion of the tract of land upon which the fence
is erected. The finished portion of the fence must face the property
or street adjacent to the fence, except when the fence faces a retention
wall where the retention wall is equal to or above the height of the
fence.
(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, except a fence that is regulated by Subsection
G of this same section, if these structures are contained within a
required yard setback.[1]
Amended 11-7-2023 by Ord. No. 1656]
[1]
Editor's Note: Former Subsection D(2), regarding the construction
of improvements in any required yard space which is adjacent to any
beach or bay waters, which immediately followed, was repealed 11-7-2023 by Ord. No. 1655.
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.
[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.
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.
ABOVEGROUND POOL
NONREGULATED POOL
PORTABLE SWIMMING POOL
PRIVATE RESIDENTIAL SWIMMING POOL
PUBLIC SWIMMING POOL
SUNKEN POOL
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any portable or nonportable pool located above the ground
level having a water surface area of more than 25 square feet.
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.
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.
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.
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.
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.
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.
Radio and television reception devices, antennas and similar
devices shall:
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.
NEW CONSTRUCTION
Definition of "new construction." For purposes of this section, the
following terms shall have the meanings indicated:
Includes:
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 11-6-2018 by Ord.
No. 1533; amended 2-16-2021 by Ord. No. 1581]
A.
Affordable housing obligations.
(1)
This section is intended to assure that very-low-, low-, and moderate-income
units ("affordable units") are created with controls on affordability
and that low- and moderate-income households shall occupy these units.
This section shall apply except where inconsistent with applicable
law.
(2)
The Borough of Stone Harbor Planning Board has adopted a Housing
Element and Fair Share Plan pursuant to the Municipal Land Use Law
at N.J.S.A. 40:55D-1 et seq. The Fair Share Plan has been adopted
by the Planning Board and endorsed by the governing body. The Fair
Share Plan describes how Stone Harbor Borough shall address its fair
share for low- and moderate-income housing as documented in the Housing
Element and outlined in the terms of the settlement agreement between
the Borough and Fair Share Housing Center (FSHC).
(3)
This section implements the Borough's Fair Share Plan, addresses
the requirements of the Court and the terms of the settlement agreement,
and also implements a Borough-wide requirement that all new multifamily
residential development of five or more units shall have a mandatory
affordable housing set aside for low- and moderate-income units, subject
to certain enumerated conditions.
(4)
The Borough of Stone Harbor shall track the status of the implementation
of the Housing Element and Fair Share Plan. Any plan evaluation report
of the Housing Element and Fair Share Plan shall be available to the
public at Borough Hall located on 9508 Second Avenue, Stone Harbor,
NJ 08247.
(a)
For the midpoint realistic opportunity review due on July 2,
2020, as required pursuant to N.J.S.A. 52:27D-313, the Borough will
post its report on its website, with notice to all interested parties
on or before that date.
(b)
For the review of very-low-income housing requirements required
by N.J.S.A. 52:27D-329.1, the Borough will post its report on its
website with notice to all interested parties within three years of
the Fairness Order, entered by the Court on January 23, 2018.
(c)
On the first anniversary of the execution of this Agreement,
and every anniversary thereafter (December 6, 2017) through the end
of the housing round (June 30, 2025), the Borough will provide annual
reporting of the status of all affordable housing activity within
the municipality through posting on the municipal website with a copy
of such posting provided to Fair Share Housing Center, using forms
previously developed for this purpose by the Council on Affordable
Housing or any other forms agreed upon by the parties.
B.
ACCESSORY APARTMENT
ACT
ADAPTABLE
ADMINISTRATIVE AGENT
AFFIRMATIVE MARKETING
AFFORDABILITY AVERAGE
AFFORDABLE
AFFORDABLE DEVELOPMENT
AFFORDABLE HOUSING DEVELOPMENT
AFFORDABLE HOUSING OVERLAY DISTRICT or OVERLAY DISTRICT
AFFORDABLE HOUSING PROGRAM(S)
AFFORDABLE UNIT
AGE-RESTRICTED UNIT
AGENCY
ASSISTED LIVING RESIDENCE
CERTIFIED HOUSEHOLD
DCA
DEFICIENT HOUSING UNIT
DEVELOPER
DEVELOPMENT
GUT REHABILITATION
INCLUSIONARY DEVELOPMENT
LOW-INCOME HOUSEHOLD
LOW-INCOME UNIT
MAJOR SYSTEM
MARKET-RATE UNIT
MEDIAN INCOME
MODERATE-INCOME HOUSEHOLD
MODERATE-INCOME UNIT
NONEXEMPT SALE
RANDOM SELECTION PROCESS
RECONSTRUCTION
REGIONAL ASSET LIMIT
REHABILITATION
RENT
RESTRICTED UNIT
THE DEPARTMENT
UHAC
VERY-LOW-INCOME HOUSEHOLD
VERY-LOW-INCOME UNIT
WEATHERIZATION
Definitions. The following terms when used in this § 560-48 shall have the meanings given in this section:
A self-contained residential dwelling unit with a kitchen,
sanitary facilities, sleeping quarters and a private entrance, which
is created within an existing home, or through the conversion of an
existing accessory structure on the same site, or by an addition to
an existing home or accessory building, or by the construction of
a new accessory structure on the same site. For existing residential
structures, accessory apartments may be created through conversations
through "gut rehabilitation." An accessory apartment may be created
or located above a principal building on the second floor.
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.).
Constructed in compliance with the technical design standards
of the Barrier Free Subcode, N.J.A.C. 5:23-7.[2]
The entity responsible for the administration of affordable
units in accordance with this section, N.J.A.C. 5:96, N.J.A.C. 5:97[3] and N.J.A.C. 5:80-26.1 et seq.
A regional marketing strategy designed to attract buyers
and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
The average percentage of median income at which restricted
units in an affordable housing development are affordable to low-
and moderate-income households.
A sales price or rent within the means of a low- or moderate-income
household as defined in N.J.A.C. 5:97-9;[4] in the case of an ownership unit, that the sales price
for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.6,
as may be amended and supplemented, and, in the case of a rental unit,
that the rent for the unit conforms to the standards set forth in
N.J.A.C. 5:80-26.12, as may be amended and supplemented.
A housing development all or a portion of which consists
of restricted units.
A development included in the Housing Element and Fair Share
Plan, and includes, but is not limited to, an inclusionary development,
a municipal construction project or a 100% affordable development.
The geographic area designated in § 560-48D(1) below.
Any mechanism in a municipal Fair Share Plan prepared or
implemented to address a municipality's fair share obligation.
A housing unit proposed or created pursuant to the Act, credited
pursuant to N.J.A.C. 5:97-4,[5] and/or funded through an affordable housing trust fund.
A housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
such that: all the residents of the development where the unit is
situated are 62 years or older; or at least 80% of the units are occupied
by one person that is 55 years or older; or the development has been
designated by the Secretary of the U.S. Department of Housing and
Urban Development as "housing for older persons" as defined in Section
807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.
The New Jersey Housing and Mortgage Finance Agency established
by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
A facility licensed by the New Jersey Department of Health
and Senior Services to provide apartment-style housing and congregate
dining and to assure that assisted living services are available when
needed for four or more adult persons unrelated to the proprietor
and that offers units containing, at a minimum, one unfurnished room,
a private bathroom, a kitchenette and a lockable door on the unit
entrance.
A household that has been certified by an administrative
agent as a low-income household or moderate-income household.
The State of New Jersey Department of Community Affairs.
A housing unit with health and safety code violations that
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.
Any person, partnership, association, company or corporation
that is the legal or beneficial owner or owners of a lot or any land
proposed to be included in a proposed development including the holder
of an option to contract or purchase, or other person having an enforceable
proprietary interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any use or change in the use of any
building or other structure, or of any mining, excavation or landfill,
and any use or change in the use of any building or other structure,
or land or extension of use of land, for which permission may be required
pursuant to N.J.S.A. 40:55D-1 et seq.
Gut rehabilitation means the same as "reconstruction."
A development containing both affordable units and market-rate
units. The Borough requires a 20% set-aside of affordable for-sale
units and a 15% set-aside of affordable rental units if the development
has five or more units. This term includes, but is not necessarily
limited to: new construction, the conversion of a nonresidential structure
to residential and the creation of new affordable units through the
reconstruction of a vacant residential structure.
A household with a total gross annual household income equal
to 50% or less of the median household income.
A restricted unit that is affordable to a low-income household.
The primary structural, mechanical, plumbing, electrical,
fire protection, or occupant service components of a building which
include but are not limited to weatherization, roofing, plumbing (including
wells), heating, electricity, sanitary plumbing (including septic
systems), lead paint abatement or load-bearing structural systems.
Housing not restricted to low- and moderate-income households
that may sell or rent at any price.
The median income by household size for the applicable county,
as adopted annually by the Department.
A household with a total gross annual household income in
excess of 50% but less than 80% of the median household income.
A restricted unit that is affordable to a moderate-income
household.
Any sale or transfer of ownership other than the transfer
of ownership between husband and wife; the transfer of ownership between
former spouses ordered as a result of a judicial decree of divorce
or judicial separation, but not including sales to third parties;
the transfer of ownership between family members as a result of inheritance;
the transfer of ownership through an executor's deed to a Class A
beneficiary and the transfer of ownership by court order.
A process by which currently income-eligible households are
selected for placement in affordable housing units such that no preference
is given to one applicant over another except for purposes of matching
household income and size with an appropriately priced and sized affordable
unit (e.g., by lottery).
Reconstruction means any project where the extent and nature
of the work is such that the work areas 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, N.J.A.C. 5:23-6. Reconstruction shall not include projects
comprised of only 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 during the work performed is not permitted.
The maximum housing value in each housing region affordable
to a four-person household with an income at 80% of the regional median
as defined by the Department's adopted Regional Income Limits published
annually by the Department.
The repair, renovation, alteration or reconstruction of any
building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C.
5:23-6.
The gross monthly cost of a rental unit to the tenant, including
the rent paid to the landlord, as well as an allowance for tenant-paid
utilities computed in accordance with allowances published by DCA
for its Section 8 program. In assisted living residences, rent does
not include charges for food and services.
A dwelling unit, whether a rental unit or ownership unit,
that is subject to the affordability controls of N.J.A.C. 5:80-26.1,
as may be amended and supplemented, but does not include a market-rate
unit financed under UHORP or MONI.
The Department of Community Affairs of the State of New Jersey,
that was established under the New Jersey Fair Housing Act (N.J.S.A.
52:27D-301 et seq.).
The Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26.1 et seq.
A household with a total gross annual household income equal
to 30% or less of the median household income.
A restricted unit that is affordable to a very-low-income
household.
Building insulation (for attic, exterior walls and crawl
space), siding to improve energy efficiency, replacement storm windows,
replacement storm doors, replacement windows and replacement doors,
and is considered a major system for rehabilitation.
C.
Affordable housing programs. The Borough of Stone Harbor will use
the following mechanisms to satisfy its affordable housing obligations:
(1)
A rehabilitation program.
(a)
The Borough of Stone Harbor and Fair Share Housing Center have
agreed upon a rehabilitation program of three units. To satisfy this
obligation, the Borough shall either participate in the Cape May County
Affordable Housing Program, or establish and implement its own rehabilitation
program.
(b)
The Borough of Stone Harbor shall dedicate an average of $8,000
hard costs and $2,000 administrative costs, totaling $10,000 on average
for each unit to be rehabilitated through this program.
(c)
If the Borough chooses to establish and implement its own rehabilitation
program, it shall designate an administrative agent to administer
said program in accordance with N.J.A.C. 5:91 and N.J.A.C. 5:93.[6] The administrative agent shall provide a rehabilitation
manual for the owner-occupancy rehabilitation program to be adopted
by resolution of the governing body and subject to approval of the
Court. Said rehabilitation manual shall be available for public inspection
in the office of the Municipal Clerk and in the office of the administrative
agent.
[6]
Editor's Note: In accordance with N.J.S.A. 52:14B-5.1b, Chapter
93, Substantive Rules of the New Jersey Council on Affordable Housing
for the Period Beginning June 6, 1994, expired on 10-16-2016.
(2)
Percentage of mandatory set-asides for all future residential developments.
(a)
If the Borough permits the construction of multifamily or single-family
attached residential development that is "approvable" and "developable,"
as defined at N.J.A.C. 5:93-1.3,[7] at a gross residential density of six units to the acre
or more, the Borough shall require that an appropriate percentage
of the residential units be set aside for low- and moderate-income
households. This requirement shall apply to any multifamily or single-family
attached residential development, including the residential portion
of a mixed-use project, which consists of five or more new residential
units, whether permitted by a zoning amendment, a variance granted
by the Borough's Land Use Board, or adoption of a redevelopment plan
or amended redevelopment plan in areas in need of redevelopment or
rehabilitation. For any such development for which the Borough's land
use ordinances (e.g. zoning or an adopted redevelopment plan) already
permitted residential development as of the effective date of this
agreement, this requirement shall only apply if the Borough permits
an increase in approvable and developable gross residential density
to beyond the permitted approvable and developable gross residential
density as of the effective date of this agreement. Nothing in this
subsection precludes the Borough from imposing an affordable housing
set-aside in a development not required to have a set-aside pursuant
to this subsection consistent with N.J.S.A. 52:27D-311(h) and other
applicable law. For inclusionary projects in which the very-low-,
low- and moderate-income units are to be offered for sale, the appropriate
set-aside percentage is 20%. For projects in which the very-low-,
low- and moderate-income units are to be offered for rent, the appropriate
set-aside percentage is 15%. This requirement does not create any
entitlement for a property owner or applicant for a zoning amendment,
variance, or adoption of a redevelopment plan or amended redevelopment
plan in areas in need of redevelopment or rehabilitation, or for approval
of any particular proposed project. This requirement does not apply
to any sites or specific zones otherwise identified in the settlement
agreement or Fair Share Plan, for which density and set-aside standards
shall be governed by the specific standards set forth therein.
[7]
Editor's Note: In accordance with N.J.S.A. 52:14B-5.1b, Chapter
93, Substantive Rules of the New Jersey Council on Affordable Housing
for the Period Beginning June 6, 1994, expired on 10-16-2016.
(b)
Furthermore, this section shall not apply to developments containing
four or less dwelling units. All subdivision and site plan approvals
of qualifying residential developments shall be conditioned upon compliance
with the provisions of this section. Where a developer demolishes
existing dwelling units and builds new dwelling units on the same
site, the provisions of this section shall apply only if the net number
of dwelling units is five or more.
(3)
Phasing. Inclusionary developments shall be subject to the following
schedule, except where an alternate phasing schedule has been incorporated
into a development or redevelopment agreement with the review and
consent of FSHC:
|
Minimum Percentage of Low- and Moderate-Income Units Completed
|
Maximum Percentage of Market-Rate Units Completed
|
|---|---|
|
0%
|
25%
|
|
10%
|
25% + 1 unit
|
|
75%
|
75%
|
|
100%
|
90%
|
(4)
Fractional units. If the affordable housing set-aside of the total
number of units in a development results in a fraction or decimal,
the developer shall be required to provide an additional affordable
unit on site. Example: an eight-unit development requiring an affordable
housing set-aside of 1.6 units is proposed. The developer is required
to provide two on-site affordable units.
(5)
Design. In inclusionary developments, very-low-, low- and moderate-income
units shall be integrated and evenly interspersed with the market
units. The affordable units shall not be concentrated in separate
areas or buildings from the market-rate units. In buildings with multiple
dwelling units, this shall mean that the affordable units shall be
evenly distributed within each building with market units. The residents
of the affordable units shall have full and equal access to all of
the amenities, common areas, and recreation areas and facilities as
the market units.
(6)
Payments-in-lieu and off-site construction. Affordable units shall
be required to be on site unless FSHC provides written consent for
off-site units or a payment-in-lieu.
(7)
Utilities. Affordable units shall utilize the same type of heating
source as market units within the affordable development.
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.
(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:
[Amended 7-20-2021 by Ord. No. 1591]
(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.
[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:
F.
Accessory apartments. Accessory apartments are permitted within or
outside the Affordable Housing Overlay District, subject to the following
regulations:
(1)
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.
(2)
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.
(3)
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.
(4)
Other requirements:
(b)
All standards and requirements of the zoning district, except
as modified by this section, shall apply.
(c)
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.
(d)
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.
(e)
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.
(f)
An accessory apartment unit shall, for a period of at least
10 years from the date of the issuance of a certificate of occupancy,
be rented only to a very-low-, low- or moderate-income qualified household
as is defined by applicable Council on Affordable Housing ("COAH")
and Uniform Housing Affordability Controls ("UHAC") regulations at
the time of initial occupancy of the unit.
(g)
The occupant must meet the established income limitations for
very-low-, low-, and moderate-income households as specified by the
rules and regulations of the Council on Affordable Housing (COAH)
(N.J.A.C. 5:93 et seq.).[8]
[8]
Editor's Note: In accordance with N.J.S.A. 52:14B-5.1b, Chapter
93, Substantive Rules of the New Jersey Council on Affordable Housing
for the Period Beginning June 6, 1994, expired on 10-16-2016.
(i)
Rents of accessory apartments shall be affordable to very-low-,
low-, and moderate-income households as per COAH and UHAC regulations.
(j)
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
or sale within the affordable housing requirements stated herein.
(k)
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.
(l)
The accessory apartment shall have a separate door with direct
access to the outdoors.
(m)
The accessory apartment shall be affirmatively marketed to the
housing region in accordance with COAH regulations and the Uniform
Housing Affordability Controls at N.J.A.C. 5:80-26.1 et seq.
(o)
A freestanding accessory building(s) containing accessory apartment
units shall conform to the setback requirements for principal buildings
in the district.
(5)
Administration:
(a)
Stone Harbor Borough shall designate an administrative agent
to administer the accessory apartment program.
(b)
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.
(c)
The Borough shall provide fixed subsidies per accessory apartment
unit as follows to subsidize the creation of each accessory apartment.
For very-low-income units a $35,000 fixed subsidy will be available.
For low-income units a $25,000 fixed subsidy will be available. For
moderate-income units a $20,000 fixed subsidy will be available. 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.
(d)
Applicants for the creation of an accessory apartment shall
submit to the administrative agent:
[1]
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;
[2]
Rough elevations showing the modification of any exterior building
facade to which changes are proposed; and
[3]
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.
(e)
In accordance with the recommendations of the Court and Court-appointed
Master, the Borough reserves the right to revisit this subsection
from time to time, and to make appropriate adjustments to enhance
the effectiveness of the Borough's Accessory Apartment Program.
G.
New construction requirements. The following general guidelines apply
to all newly constructed developments that contain low- and moderate-income
housing units, including any currently unanticipated future developments
that will provide low- and moderate-income housing units.
(1)
Very-low/low/moderate split and bedroom distribution of affordable
housing units.
(a)
The fair share obligation 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 development, at least 50% of the restricted
units within each bedroom distribution shall be low-income units.
If there is only one affordable unit it must be a low-income unit.
(c)
In each development that includes affordable housing, 13% of
the restricted units overall shall be very-low-income units at 30%
of the median income. The very-low-income units shall be provided
as follows: in developments that produce one very-low-income unit,
the very-low-income unit shall be a two- or three-bedroom unit; in
developments that produce two very-low-income units, no more than
one of the very-low-income units may be a one-bedroom unit; and in
developments that produce three or more very-low-income units, an
equal number of very-low-income units shall be provided within each
bedroom distribution, and any additional very-low-income units shall
be two- or three-bedroom units. Very-low-income units shall be considered
low-income units for the purposes of evaluating compliance with the
required low-moderate-income unit splits, bedroom distribution, and
phasing requirements of this section.
(d)
Affordable developments that are not age-restricted shall be
structured in conjunction with realistic market demands such that:
[1]
The combined number of efficiency and one-bedroom units shall
be no greater than 20% of the total low- and moderate-income units;
[2]
At least 30% of all low- and moderate-income units shall be
two-bedroom units;
[3]
At least 20% of all low- and moderate-income units shall be
three-bedroom units; and
[4]
The remaining units may be allocated among two- and three-bedroom
units at the discretion of the developer.
[5]
Where a development produces four or fewer affordable units,
all of the affordable units shall be two- and three-bedroom units.
(e)
Affordable developments that are age-restricted shall be structured
such that the number of bedrooms shall equal the number of age-restricted
low- and moderate-income units within the inclusionary development.
The standard may be met by having all one-bedroom units or by having
a two-bedroom unit for each efficiency unit.
(2)
Accessibility requirements:
(b)
All restricted townhouse dwelling units and all restricted units
in other multistory buildings in which a restricted dwelling unit
is attached to at least one other dwelling unit shall have the following
features:
[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 on the first floor;
[4]
An interior accessible route of travel shall not be required
between stories within an individual unit;
[5]
An adaptable room that can be used as a bedroom, with a door
or the casing for the installation of a door, on the first floor;
and
[6]
An accessible entranceway as set forth at P.L. 2005, c. 350
(N.J.S.A. 52:27D-311a et seq.), and the Barrier Free Subcode, N.J.A.C.
5:23-7,[12] or evidence that the Borough of Stone Harbor 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 Borough's 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 under Subsection G(2)(b)[6][b]
above shall be used by the Borough of Stone Harbor for the sole purpose
of making the adaptable entrance of any affordable unit accessible
when requested to do so by a person with a disability who occupies
or intends to occupy the unit and requires an accessible entrance.
[d]
The developer of the restricted units shall submit
a design plan and cost estimate for the conversion from adaptable
to accessible entrances to the Construction Official of the Borough.
[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,[13] and that the cost estimate of such conversion is reasonable,
payment shall be made to the Borough's Affordable Housing Trust Fund
where the funds shall be deposited into the affordable housing trust
fund and appropriately earmarked.
[13]
Editor's Note: See now N.J.A.C. 5:23-3.14(b).
[f]
Full compliance with the foregoing provisions shall
not be required where an entity can demonstrate that it is site impracticable
to meet the requirements. Determinations of site impracticability
shall be in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7.[14]
[14]
Editor's Note: See now N.J.A.C. 5:23-3.14(b).
[12]
Editor's Note: See now N.J.A.C. 5:23-3.14(b).
(c)
Maximum rents and sales prices.
[1]
In establishing rents and sales prices of affordable housing
units, the administrative agent shall follow the procedures set forth
in UHAC utilizing the regional income limits established by the New
Jersey Department of Community Affairs (DCA) or other agency as required
by the Court.
[2]
The maximum rent for restricted rental units within each affordable
development shall be affordable to households earning no more than
60% of median income, and the average rent for restricted low- and
moderate-income units shall be affordable to households earning no
more than 52% of median income.
[3]
The developers and/or municipal sponsors of restricted rental
units shall establish at least one rent for each bedroom type for
both low-income and moderate-income units.
[4]
At least 13% of all low- and moderate-income dwelling units
shall be affordable to households earning no more than 30% of median
income.
[5]
The maximum sales price of restricted ownership units within
each affordable development shall be affordable to households earning
no more than 70% of median income, and each affordable development
must achieve an affordability average of 55% for restricted ownership
units; in achieving this affordability average, moderate-income ownership
units must be available for at least three different prices for each
bedroom type, and low-income ownership units must be available for
at least two different prices for each bedroom type.
[6]
In determining the initial sales prices and rents for compliance
with the affordability average requirements for restricted units other
than assisted living facilities, the following standards shall be
used:
[a]
A studio shall be affordable to a one-person household;
[b]
A one-bedroom unit shall be affordable to a one-and-one-half-person
household;
[c]
A two-bedroom unit shall be affordable to a three-person
household;
[d]
A three-bedroom unit shall be affordable to a four-and-one-half-person
household; and
[e]
A four-bedroom units shall be affordable to a six-person
household.
[7]
In determining the initial rents for compliance with the affordability
average requirements for restricted units in assisted living facilities,
the following standards shall be used:
[8]
The initial purchase price for all restricted ownership units
shall be calculated so that the monthly carrying cost of the unit,
including principal and interest (based on a mortgage loan equal to
95% of the purchase price and the Federal Reserve H.15 rate of interest),
taxes, homeowner and private mortgage insurance and condominium or
homeowners' association fees do not exceed 28% of the eligible monthly
income of the appropriate size household as determined under N.J.A.C.
5:80-26.4, as may be amended and supplemented; provided, however,
that the price shall be subject to the affordability average requirement
of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
[9]
The initial rent for a restricted rental unit shall be calculated
so as not to exceed 30% of the eligible monthly income of the appropriate
household size as determined under N.J.A.C. 5:80-26.4, as may be amended
and supplemented; provided, however, that the rent shall be subject
to the affordability average requirement of N.J.A.C. 5:80-26.3, as
may be amended and supplemented.
[10]
The price of owner-occupied low- and moderate-income
units may increase annually based on the percentage increase in the
regional median income limit for each housing region. In no event
shall the maximum resale price established by the administrative agent
be lower than the last recorded purchase price.
[11]
The rent of low- and moderate-income units may
be increased annually based on the percentage increase in the Housing
Consumer Price Index for the United States. This increase shall not
exceed 9% in any one year. Rents for units constructed pursuant to
low-income housing tax credit regulations shall be indexed pursuant
to the regulations governing low-income housing tax credits.
[12]
Utilities. Tenant-paid utilities that are included
in the utility allowance shall be so stated in the lease and shall
be consistent with the utility allowance approved by DCA for its Section
8 program.
H.
Affirmative marketing requirements.
(1)
The Borough of Stone Harbor shall adopt by resolution an affirmative
marketing plan, subject to approval of the Court, compliant with N.J.A.C.
5:80-26.15, 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 also intended to target those potentially eligible
persons who are least likely to apply for affordable units in that
region. It is a continuing program that directs all marketing activities
toward Housing Region 6 and covers the period of deed restriction.
(3)
The affirmative marketing plan shall provide a regional preference
for all households that live and/or work in Housing Region 6.
(4)
The administrative agent designated by the Borough of Stone Harbor
shall assure the affirmative marketing of all affordable units consistent
with the affirmative marketing plan for the municipality and applicable
law, including posting of all affordable units on the online New Jersey
Housing Resource Center website.
(5)
In implementing the affirmative marketing plan, the administrative
agent shall provide a list of counseling services to low- and moderate-income
applicants on subjects such as budgeting, credit issues, mortgage
qualification, rental lease requirements, and landlord/tenant law.
(6)
The affirmative marketing process for available affordable units
shall begin at least four months prior to the expected date of occupancy.
(7)
The costs of advertising and affirmative marketing of the affordable
units shall be the responsibility of the developer, sponsor or owner,
unless otherwise determined or agreed to by the Borough.
I.
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:
(2)
Additional provisions related to occupancy standards (if any) shall
be provided in the municipal operating manual.
J.
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. 5:80-26.5, as may be amended and supplemented, and each
restricted ownership unit shall remain subject to the requirements
of this section until the Borough of Stone Harbor elects, in its sole
discretion, to extend or release the unit from such requirements,
however, and prior to such an election, a restricted ownership unit
must remain subject to the requirements of N.J.A.C. 5:80-26.1, as
may be amended and supplemented, for at least 30 years from the date
of initial occupancy.
(2)
The affordability control period for a restricted ownership unit
shall commence on the date the initial certified household takes title
to the unit.
(3)
Prior to the issuance of the initial certificate of occupancy for
a restricted ownership unit and upon each successive sale during the
period of restricted ownership, the administrative agent shall determine
the restricted price for the unit and shall also determine the nonrestricted,
fair market value of the unit based on either an appraisal or the
unit's equalized assessed value.
(4)
At the time of the first sale of the unit, the purchaser shall execute
and deliver to the administrative agent a recapture note obligating
the purchaser (as well as the purchaser's heirs, successors and assigns)
to repay, upon the first nonexempt sale after the unit's release from
the requirements of this section, an amount equal to the difference
between the unit's nonrestricted fair market value and its restricted
price, and the recapture note shall be secured by a recapture lien
evidenced by a duly recorded mortgage on the unit.
(5)
The affordability controls set forth in this section shall remain
in effect despite the entry and enforcement of any judgment of foreclosure
with respect to restricted ownership units.
(6)
A restricted ownership unit shall be required to obtain a continuing
certificate of occupancy or a certified statement from the Construction
Official stating that the unit meets all code standards upon the first
transfer of title that follows the expiration of the applicable minimum
control period provided under N.J.A.C. 5:80-26.5(a), as may be amended
and supplemented.
K.
Price restrictions for restricted ownership units, homeowners' association
fees and resale prices. Price restrictions for restricted ownership
units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended
and supplemented, including:
(1)
The initial purchase price for a restricted ownership unit shall
be approved by the administrative agent.
(2)
The administrative agent shall approve all resale prices, in writing
and in advance of the resale, to assure compliance with the foregoing
standards.
(3)
The method used to determine the condominium association fee amounts
and special assessments shall be indistinguishable between the low-
and moderate-income unit owners and the market unit owners.
(4)
The owners of restricted ownership units may apply to the administrative
agent to increase the maximum sales price for the unit on the basis
of capital improvements. Eligible capital improvements shall be those
that render the unit suitable for a larger household or the addition
of a bathroom.
L.
Buyer income eligibility.
(1)
Buyer income eligibility for restricted ownership units shall be
in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented,
such that low-income ownership units shall be reserved for households
with a gross household income less than or equal to 50% of median
income and moderate-income ownership units shall be reserved for households
with a gross household income less than 80% of median income.
(2)
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, taxes, homeowner and private mortgage insurance
and condominium or homeowners' association fees, as applicable) does
not exceed 33% of the household's certified monthly income.
M.
Limitations on indebtedness secured by ownership units; subordination.
(1)
Prior to incurring any indebtedness to be secured by a restricted
ownership unit, the administrative agent shall determine in writing
that the proposed indebtedness complies with the provisions of this
section.
(2)
With the exception of original purchase money mortgages, during a
control period neither an owner nor a lender shall at any time cause
or permit the total indebtedness secured by a restricted ownership
unit to exceed 95% of the maximum allowable resale price of that unit,
as such price is determined by the administrative agent in accordance
with N.J.A.C. 5:80-26.6(b).
N.
Control periods for restricted rental units.
(1)
Control periods for restricted rental units shall be in accordance
with N.J.A.C. 5:80-26.11, as may be amended and supplemented, and
each restricted rental unit shall remain subject to the requirements
of this section until the Borough of Stone Harbor elects, in its sole
discretion, to extend or release the unit from such requirements pursuant
to action taken in compliance with N.J.A.C. 5:80-26.1, as may be amended
and supplemented, and prior to such an election, a restricted rental
unit must remain subject to the requirements of N.J.A.C. 5:80-26.1,
as may be amended and supplemented, for at least 30 years from the
date of initial occupancy.
(2)
Deeds of all real property that include restricted rental units shall
contain deed restriction language. The deed restriction shall have
priority over all mortgages on the property, and the deed restriction
shall be filed by the developer or seller with the records office
of the County of Cape May. A copy of the filed document shall be provided
to the administrative agent within 30 days of the receipt of a certificate
of occupancy.
(3)
A restricted rental unit shall remain subject to the affordability
controls of this section, despite the occurrence of any of the following
events:
O.
Price restrictions for rental units; leases.
(1)
A written lease shall be required for all restricted rental units,
except for units in an assisted living residence, and tenants shall
be responsible for security deposits and the full amount of the rent
as stated on the lease. A copy of the current lease for each restricted
rental unit shall be provided to the administrative agent.
(2)
No additional fees or charges shall be added to the approved rent
(except, in the case of units in an assisted living residence, to
cover the customary charges for food and services) without the express
written approval of the administrative agent.
(3)
Application fees (including the charge for any credit check) shall
not exceed 5% of the monthly rent of the applicable restricted unit
and shall be payable to the administrative agent to be applied to
the costs of administering the controls applicable to the unit as
set forth in this section.
P.
Tenant income eligibility.
(1)
Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13,
as may be amended and supplemented, and shall be determined as follows:
(a)
Very-low-income rental units shall be reserved for households
with a gross household income less than or equal to 30% of median
income.
(b)
Low-income rental units shall be reserved for households with
a gross household income less than or equal to 50% of median income.
(c)
Moderate-income rental units shall be reserved for households
with a gross household income less than 80% of median income.
(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 household or a moderate-income household, as applicable
to the unit, and the rent proposed for the unit does not exceed 35%
(40% for age-restricted units) of the household's eligible monthly
income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended
and supplemented; provided, however, that this limit may be exceeded
if one or more of the following circumstances exists:
(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 proposed third-party assistance from
an outside source such as a family member in a form acceptable to
the administrative agent and the owner of the unit.
Q.
Administration.
(1)
The position of Municipal Housing Liaison (MHL) for the Borough of
Stone Harbor is established by this section. The Borough shall make
the actual appointment of the Municipal Housing Liaison by means of
a resolution.
(a)
The Municipal Housing Liaison must be either a full-time or
part-time employee of Stone Harbor.
(b)
The person appointed as the Municipal Housing Liaison must be
reported to the Court and thereafter posted on the Borough's website.
(c)
The Municipal Housing Liaison must meet all the requirements
for qualifications, including initial and periodic training.
(d)
The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for the Borough
of Stone Harbor, including the following responsibilities which may
not be contracted out to the administrative agent:
[1]
Serving as the Municipality's primary point of contact for all
inquiries from the state, affordable housing providers, administrative
agents and interested households;
[2]
The implementation of the affirmative marketing plan and affordability
controls;
[3]
When applicable, supervising any contracting administrative
agent;
[4]
Monitoring the status of all restricted units in the Borough's
Fair Share Plan;
[5]
Compiling, verifying and submitting annual reports as required;
[6]
Coordinating meetings with affordable housing providers and
administrative agents, as applicable; and
[7]
Attending continuing education opportunities on affordability
controls, compliance monitoring and affirmative marketing as offered
or approved by the Affordable Housing Professionals of New Jersey
(AHPNJ).
(2)
The Borough of Stone Harbor shall designate by resolution of the
Borough Council, subject to the approval of the Court, one or more
administrative agents to administer newly constructed affordable units
in accordance with N.J.A.C. 5:91, N.J.A.C. 5:93[15] and UHAC.
[15]
Editor's Note: In accordance with N.J.S.A. 52:14B-5.1b, Chapter
93, Substantive Rules of the New Jersey Council on Affordable Housing
for the Period Beginning June 6, 1994, expired on 10-16-2016.
(3)
An operating manual shall be provided by the administrative agent(s)
to be adopted by resolution of the governing body. The operating manuals
shall be available for public inspection in the office of the Municipal
Clerk and in the office(s) of the administrative agent(s).
(4)
The administrative agent shall perform the duties and responsibilities
of an administrative agent as are set forth in UHAC, including those
set forth in N.J.A.C. 5:80-26.14, 5:80-26.16 and 5:80-26.18 thereof,
which includes:
(a)
Attending continuing education opportunities on affordability
controls, compliance monitoring, and affirmative marketing as offered
or approved by the Affordable Housing Professionals of New Jersey
(AHPNJ);
(b)
Affirmative marketing;
(c)
Household certification;
(d)
Affordability controls;
(e)
Records retention;
(f)
Resale and re-rental;
(g)
Processing requests from unit owners; and
(h)
Enforcement, though the ultimate responsibility for retaining
controls on the units rests with the municipality.
(i)
The administrative agent shall have authority to take all actions
necessary and appropriate to carry out its responsibilities hereunder.
(5)
The fees of the administrative agent shall be paid by the owners
for the affordable units for which the services of the administrative
agent are required.
R.
Enforcement of the 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 a low- or moderate-income unit and advising the owner,
developer or tenant of the penalties for such violations, the municipality
may take the following action against the owner, developer or tenant
for any violation that remains uncured for a period of 60 days after
service of the written notice:
(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 $10,000 or imprisonment for a period
not to exceed 90 days, or both. Each and every day that the violation
continues or exists shall be considered a separate and specific violation
of these provisions and not as a continuing offense;
[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 Borough of Stone Harbor 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 low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment of an innocent tenant's reasonable relocation costs,
as determined by the court.
(b)
The municipality may file a court action in the Superior Court
seeking a judgment, which would result in the termination of the owner's
equity or other interest in the unit, in the nature of a mortgage
foreclosure. Any judgment shall be enforceable as if the same were
a judgment of default of the first purchase money mortgage and shall
constitute a lien against the low- and moderate-income unit.
(3)
Such judgment shall be enforceable, at the option of the municipality,
by means of an execution sale by the Sheriff, at which time the low-
and moderate-income unit of the violating owner shall be sold at a
sale price which is not less than the amount necessary to fully satisfy
and pay off any first purchase money mortgage and prior liens and
the costs of the enforcement proceedings incurred by the municipality,
including attorney's fees. The violating owner shall have the right
to possession terminated as well as the title conveyed pursuant to
the Sheriff's sale.
(4)
The proceeds of the Sheriff's sale shall first be applied to satisfy
the first purchase money mortgage lien and any prior liens upon the
low- and moderate-income unit. The excess, if any, shall be applied
to reimburse the municipality for any and all costs and expenses incurred
in connection with either the court action resulting in the judgment
of violation or the Sheriff's sale. In the event that the proceeds
from the Sheriff's sale are insufficient to reimburse the municipality
in full as aforesaid, the violating owner shall be personally responsible
for and to the extent of such deficiency, in addition to any and all
costs incurred by the municipality in connection with collecting such
deficiency. In the event that a surplus remains after satisfying all
of the above, such surplus, if any, shall be placed in escrow by the
municipality for the owner and shall be held in such escrow for a
maximum period of two years or until such earlier time as the owner
shall make a claim with the municipality for such. Failure of the
owner to claim such balance within the two-year period shall automatically
result in a forfeiture of such balance to the municipality. Any interest
accrued or earned on such balance while being held in escrow shall
belong to and shall be paid to the municipality, whether such balance
shall be paid to the owner or forfeited to the municipality.
(5)
Foreclosure by the municipality due to violation of the regulations
governing affordable housing units shall not extinguish the restrictions
of the regulations governing affordable housing units as the same
apply to the low- and moderate-income unit. Title shall be conveyed
to the purchaser at the Sheriff's sale, subject to the restrictions
and provisions of the regulations governing the affordable housing
unit. The owner determined to be in violation of the provisions of
this plan and from whom title and possession were taken by means of
the Sheriff's sale shall not be entitled to any right of redemption.
(6)
If there are no bidders at the Sheriff's sale, or if insufficient
amounts are bid to satisfy the first purchase money mortgage and any
prior liens, the municipality may acquire title to the low- and moderate-income
unit by satisfying the first purchase money mortgage and any prior
liens and crediting the violating owner with an amount equal to the
difference between the first purchase money mortgage and any prior
liens and costs of the enforcement proceedings, including legal fees
and the maximum resale price for which the low- and moderate-income
unit could have been sold under the terms of the regulations governing
affordable housing units. This excess shall be treated in the same
manner as the excess which would have been realized from an actual
sale as previously described.
(7)
Failure of the low- and moderate-income unit to be either sold at
the Sheriff's sale or acquired by the municipality shall obligate
the owner to accept an offer to purchase from any qualified purchaser
which may be referred to the owner by the municipality, with such
offer to purchase being equal to the maximum resale price of the low-
and moderate-income unit as permitted by the regulations governing
affordable housing units.
(8)
The owner shall remain fully obligated, responsible and liable for
complying with the terms and restrictions of governing affordable
housing units until such time as title is conveyed from the owner.
S.
Appeals. Appeals from all decisions of an administrative agent designated
pursuant to this section shall be filed with the Superior Court of
New Jersey, Cape May County.
A.
Applicability.
(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.
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:
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]
