It is the intent of the within article to create
an Affordable Housing Townhouse District-2. It is the further intent
of the within article to make it realistically possible to provide
low- and moderate-income housing to meet the need for a variety of
housing in the Borough of North Haledon.
[Amended 2-21-2001 by Ord. No. 2-2001]
The following tracts of land are hereby rezoned
and included in the Affordable Housing Townhouse District-2 (AHTD-2):
A. Squaw Brook Run, Block 61, Lot 8.
B. Laino-Summit Point, Block 58, Lots 7.01, 13.01 and
14.
In the AHTD-2 Zone District, attached one-family
dwellings shall be a permitted use in accordance with the standards
provided herein.
The following words and terms shall have the
definitions hereinafter provided:
ACTIVE RECREATION AREA
A parcel of land dedicated and designed for the use and enjoyment
of the owners and residents of the development, provided that said
area may be improved with buildings, structures and facilities incidental
to the recreation use.
BASEMENT
A story partly above grade level having more than 1/2 of
its floor-to-ceiling height above the average level of the adjoining
ground. For the purposes of this chapter, a basement used for residential
purposes must have more than 50% of its volume of space above the
grade elevation to qualify as a story.
BEDROOM
A room for sleeping. Each townhouse unit shall have at least
one bedroom with a minimum area of 150 square feet, and other bedrooms
shall contain a minimum area of 120 square feet.
BUILDING COVERAGE
The percentage of gross development site area that is occupied
by buildings or structures, including all roof areas.
BUILDING HEIGHT
The vertical distance measured from the mean level of the
ground surrounding the building to the highest point of the roof,
but not including chimneys, spires, towers, elevator penthouses, tanks
and similar projections.
CELLAR
A story below or partly above grade level having 1/2 or more
of its floor-to-ceiling height below the average level of the adjoining
ground.
COMMON OPEN SPACE
An area of unimproved land within the site designated for
development; provided, however, that recreational facilities with
attendant buildings, structures and facilities may be situated therein,
as well as common building areas.
DRIVEWAY
The limited vehicular access road servicing a cluster of
buildings in the development.
LOCALIZED DENSITY
The number of units per acre in an area impacted by development
within a radius of 100 feet from the residential structures.
MINIMUM HABITABLE FLOOR AREA
The finished and heated area of a dwelling unit that is fully
enclosed by the inside surfaces of walls and windows, excluding cellars,
basements, attics, porches, garages, terraces, carports, heating rooms
and any unheated area. The ceiling height of 75% of the area must
be at least seven feet six inches.
PARKING STALL
The individual parking area serving each unit in a cluster
in the development.
ROADWAY
Any road that serves the project.
SETBACK
The shortest horizontal distance measured from any external
lot line to the nearest point of construction within the development.
STORY
That portion of a building included between the surface of
any floor and the surface of the floor above it.
TOWNHOUSES
A building containing two or more dwelling units, each dwelling
unit separated by plane vertical party walls (horizontal townhouses)
or one-over-one dwelling units (vertical townhouses), separate and
apart, each having direct access to the outside and the street without
use of a common hall or passageway.
No tract, parcel or lot may be developed as
a planned residential development except in conformity with the within
article.
Townhouse units shall be designed in accordance
with the following standards:
A. Maximum building or structure length: 150 feet.
B. Horizontal townhouse building, maximum number of units
in a single structure: five.
C. A building that has both vertical and horizontal townhouse
buildings, maximum number of units in a single structure: six.
D. Maximum building height: 2 1/2 stories, not to
exceed 35 feet, except that, on a slope, a building may have three
exposed stories at the lower portion of the slope.
E. Maximum number of habitable stories: 2 1/2. No
more than 50% of the base in a three-story structure shall be used
for habitable purposes, which shall not include garaging, storage
and utilities.
F. Maximum number of horizontal units before a horizontal
break: three.
G. Minimum break in horizontal alignment: four feet.
H. Minimum distances between buildings:
I. Minimum building setback from public or private main
access roads: 40 feet.
J. Minimum building setbacks from internal driveways:
20 feet.
K. Minimum building setback from parking areas: 15 feet.
L. The minimum habitable floor area shall be:
(1) One-bedroom unit: 800 square feet.
(2) Two-bedroom unit: 1,000 square feet.
(3) Three-bedroom unit: 1,200 square feet.
Distribution of dwelling units shall be as follows:
A. Horizontal townhouses: 80% to 100%.
B. Vertical townhouses with a maximum of two dwelling
units: 0% to 20%.
Land use density requirements shall be as follows:
A. Maximum gross density: 2 1/2 units per acre.
B. Maximum localized density: 4 1/2 units per acre.
Area, bulk and yard regulations shall be as
follows:
A. Minimum lot area: 18 acres.
B. Minimum lot frontage along a county or municipal road:
50 feet.
C. Setbacks from external lot lines:
D. Coverage:
(1) Maximum building area coverage: 10%.
(2) Maximum impervious coverage: 30%.
[Amended 8-15-2018 by Ord. No. 15-2018]
(3) Minimum required open space: 25%.
(4) Maximum amount of disturbed area: 50%.
E. Grades:
(1) Maximum original grade of buildable area for structures:
30%.
(2) Maximum original grade for roadways, driveways and
parking areas: 15%.
(3) Maximum improved grade for roadways: 12%.
(4) Maximum improved grade for driveways: 10%.
(5) Maximum improved grade for parking areas: 6%.
F. Accessory buildings:
(1) Minimum distance from principal building: 20 feet.
(2) Community buildings and active recreation areas from
residential structures: 100 feet.
(3) Minimum distance from roadway: 25 feet.
Circulation requirements shall be as follows:
A. Any development or cluster within a development shall
have two separate access points to the roadway servicing the development.
If the main access to any development from the public road is limited
to one roadway, said roadway must be a divided roadway containing
one exit and one entrance lane, each 20 feet in width and separated
from each other by a divider with an average width of not less than
10 feet and having a length not less than 100 feet.
B. Roadway and driveway widths shall be in accordance
with the requirements of the ordinances of the Borough and RSIS Standards,
as applicable.
C. Construction of pavement of all roadways shall conform
to the Borough standards for public roads.
D. Construction or paving of all driveways shall conform
to the Borough standards for paving as contained in Borough ordinances.
E. Sidewalks shall be required along the portion of the
tract fronting on an existing public street and shall meet the sidewalk
specifications in the Borough ordinances, unless waived by the Planning
Board.
F. Sidewalks on site, other than as provided in Subsection
E, shall be constructed in such locations as the Planning Board shall require in the interest of safety.
Utility improvements and services for the development
shall be:
A. Water facilities.
(1) The site shall be connected to a municipal water system
or to an independent source if municipal service is not available.
(2) All facilities shall be designed and installed in
accordance with the standards of the applicable governmental bodies
having jurisdiction thereof.
(3) All water mains shall be a minimum of eight inches
in diameter and shall be designed with fire hydrants to provide adequate
fire protection in accordance with the recommendations of the National
Fire Underwriters Board. The location of fire hydrants shall be determined
by the Municipal Fire Department.
(4) The water storage system shall conform to the recommendations
of the National Fire Underwriters Board. A separate storage reservoir
shall be provided if tests indicate that municipal facilities are
inadequate due to low pressure or undersized mains or inadequate supply.
B. Sanitary sewerage system. The development shall be
serviced by a central sanitary sewage collection system discharging
into the municipal or regional wastewater facilities. The collection
facilities shall be designed in accordance with the standards of the
New Jersey Department of Environmental Protection and/or appropriate
local, county, state, and federal officials and agencies.
C. Drainage and stormwater management.
(1) The development shall be serviced by a stormwater management system as provided by Chapter
516, Stormwater Management, and shall conform to all relevant federal and state statutes, rules and regulations concerning stormwater management or flood control.
(2) Any townhouse development will be required to provide
a comprehensive drainage system for the entire property, including
a mandate that there will not be any increase in the rate of runoff
from the property that exists in its present state (0% increase in
peak runoff). Moreover, the applicant will be required to ensure that
there will be no significant impact from this development to the adjoining
properties.
D. Electric, gas, telephone and cable television services,
if available, shall be provided by the developer in accordance with
the provisions of the New Jersey Administrative Code, Title 14. One
master television antenna or one cable television connection shall
be provided for each building.
E. Street improvements, monuments, street names and other
traffic control devices, shade trees, streetlights, sidewalks, curbs,
fire hydrants, and all aspects of street construction as well as other
improvements shall be subject to local and state regulations and Borough
Engineer approval.
F. Appropriate refuse pickup shall be provided on site
and appropriate disposal shall be made, both at no cost to the Borough,
together with compliance with all laws and/or ordinances applicable
to recycling.
G. The residents of the planned residential development
shall be required to provide for the upkeep and maintenance of all
internal roads, drives, parking facilities, drainage facilities, streetlighting,
and snowplowing, as well as all common areas.
Common open space requirements shall be as follows:
A. A minimum of 25% of the gross site area shall be designated and designed for common open space, inclusive of the active recreational space specified in Subsection
B below. Such land shall be optimally related to the overall plan and design of the development and shall provide that a portion thereof will be accessible and available to each unit owner of the development.
B. A minimum of 10% of the gross development site area,
not to exceed six acres, shall be designed and dedicated for active
recreational purposes and shall consist of a parcel or parcels of
land of which at least one acre of the aforementioned area shall be
graded, leveled, and seeded, with a length dimension of at least 150
linear feet, and all of said parcel or parcels of land shall be located
where reasonably convenient to owners and residents of the development
but not detrimental to adjacent property owners or residents by virtue
of noise, glare, light, dust, or other objectionable features.
C. The area for detention basins and other drainage-control
devices shall not qualify as active recreation space as required by
this article. Land having slopes in excess of 20% and chronically
wet marshland shall not qualify as active recreation space as required
by this article.
D. Active recreation space may be improved with facilities,
buildings, and structures for indoor and outdoor recreational activities
consistent with the residential character of the development.
E. All improvements of the common open space area, as
shown on the approved site plan, including recreational facilities,
buildings, and structures, shall be completed before certificates
of occupancy shall be granted to more than 75% of the proposed dwelling
units.
F. All owners and residents of the planned residential
development shall have the right to use the common open space and
active recreational facilities, subject to reasonable rules and regulations.
In the event that the proposed development shall consist of a number
of stages, the developer shall provide active recreational areas proportionate
in size to the stage being considered for final approval.
G. All open spaces shall be connected to residential
areas with walkways or other reasonable means of access.
General design standards of a townhouse shall
be as follows:
A. Buffer.
(1) The developer shall provide and maintain a buffer
area of not less than 50 feet from all external lot lines of the development.
Said buffer area shall be kept in its natural state where wooded and,
where natural vegetation is sparse or nonexistent, the area shall
be planted to provide a year-round natural screen.
(2) In the buffer area there shall not be permitted detention
and retention basins and underground utilities, except that the Planning
Board may, in its discretion, permit underground utilities to cross
such a buffer area.
(3) The required buffer area shall be included for the
purpose of computing compliance with the common space requirements
and yard setback requirements of this article.
(4) The Planning Board may modify the requirements for
a buffer area upon finding that the planned residential development
abuts another planned residential development or a natural or man-made
barrier, and, by reason thereof, the buffer area may be modified without
detriment to existing or proposed uses.
B. Each building and structure and each complex of the
same shall have a compatible architectural theme with appropriate
variations in design to provide attractiveness to the development.
Such variation shall result from the use of landscaping and the location
and orientation of buildings and structures to the natural features
of the site.
C. Landscaping.
(1) Landscaping shall be provided throughout the development
site to provide a natural setting for buildings, structures, and recreation
facilities. Shade trees shall be planted at the discretion of the
Planning Board adjacent to public or private roadways. The trees shall
be hard maple or ash or similar tree as approved by the Planning Board.
No tree shall be planted nearer than 25 feet to an intersection.
(2) All island or unpaved areas within a street shall
be landscaped.
(3) Within any area of clearing not occupied by a building,
structure, street, parking area, or recreational facility, there shall
be provided a minimum of 12 trees per acre calculated on gross acreage.
The trees shall have a minimum diameter of four inches as measured
three feet above the ground. Existing trees meeting the aforesaid
criteria shall be included in determining compliance herewith.
D. Concrete walkways shall be provided between residential
buildings and common parking areas. Walkways shall have a minimum
width of four feet.
E. No natural vegetation shall be disturbed, except as
approved by the Planning Board. The site plan shall indicate the maximum
area of clearing.
F. No building or structure shall be located within 35
feet of the high-water mark of any stream or watercourse.
G. Adequate lighting fixtures for walks, steps, parking
areas, driveways, streets, and other facilities shall be provided
at locations to provide for safe and convenient use of the same. Fixtures
shall be situated and designated in keeping with the character of
the development and shall be adequately shaded to screen windows of
dwelling units, both off and on the development site, from direct
and indirect light. No flashing, intermittent, or moving light shall
be permitted. All lighting, including illumination levels, shall conform
to the recommendation of the Borough Engineer.
H. Air-conditioning units in excess of 2,500 BTUs shall
be screened and insulated for aesthetic and acoustical purposes.
I. Every dwelling unit shall have two means of ingress
and egress to the exterior without sharing a hallway, stairway, or
elevator with another unit.
J. Adequate sound protection between dwelling units shall
be provided and designed in accordance with sound engineering principles.
Ownership and maintenance shall be as follows.
In the event that the municipality shall not accept the dedication
or the developer shall not offer the same, the following regulations
shall apply:
A. The developer shall establish an organization for
the ownership and maintenance of any common open space and off-street
parking space for the benefit of residents of the development. Such
open space and other property shall be held in perpetuity by the organization,
subject to an open space easement. Structures and facilities in support
of recreational activity may be constructed in accordance with site
plan approval. Such organization shall not be dissolved and shall
not dispose of any open space, by sale or otherwise, except to an
organization conceived and established to own and maintain the open
space for the benefit of such development and ownership and maintenance
of any common open space and off-street parking for the benefit of
residents of the development. Thereafter, such organization shall
not be dissolved or shall not dispose of any of its open space without
obtaining the consent of the members of the organization as provided
by law and also without offering to dedicate the same to the municipality.
The developer shall be responsible for the maintenance of any such
open space until such time as the organization established for its
ownership and maintenance shall be formed and functioning and shall
be required to furnish a performance guarantee in an amount to be
fixed by the Municipality's Engineer for such maintenance for a period
of two years after the date of acceptance of all streets in the development.
B. In the event that the organization shall fail to maintain
the open space in reasonable order and condition, the governing body
may serve written notice upon such organization or upon the residents
and owner of the development setting forth the manner in which the
organization has failed to maintain the open space in reasonable condition
and demanding that such deficiencies be remedied within 35 days of
the date of service. The notice shall also state the date and place
of a hearing thereon, which shall be held within 15 days after the
date of the notice. At such hearing, the governing body may modify
the terms of the original notice as to deficiencies and may give an
extension of time not to exceed 65 days within which they shall be
cured. If the deficiencies set forth in the original notice or in
the modification thereof shall not be cured within said 35 days or
any permitted extension thereof, the governing body, in order to preserve
the open space and maintain the same for a period of one year, may
enter upon and maintain such land. Said entry and maintenance shall
not vest in the public any rights to use the open space, except when
the same is voluntarily dedicated to the public by the owners. Before
the expiration of said year, the governing body shall, upon its initiative
or upon the request of the organization theretofore responsible for
the maintenance of the open space, call a public hearing, upon 15
days' written notice to such organization and to the residents and
owners of the development, to be held by the governing body, at which
hearing such organization and the residents and owners of the development
shall show cause why such maintenance by the municipality shall not,
at the direction of the governing body, continue for a succeeding
year. If the governing body shall determine that such organization
is ready and able to maintain such open space in reasonable condition,
the municipality shall cease to maintain said open space at the end
of said year. If the governing body shall determine that such organization
is not ready and able to maintain said open space in a reasonable
condition, the municipality may, in its discretion, continue to maintain
said open space during the next succeeding year, subject to a similar
hearing and determination in each year thereafter. The decision of
the governing body in any such case shall constitute a final administrative
decision subject to judicial review.
C. The cost of such maintenance by the municipality shall
be assessed pro rata and against the properties within the development
that have a right of enjoyment of the open space in accordance with
assessed value at the time of imposition of the lien and shall become
a tax lien on said properties and be added to and be a part of the
taxes to be levied and assessed thereon and shall be enforced and
collected with interest by the same officers and in the same manner
as other taxes.
D. It shall be the responsibility of the owner of the
common open space to maintain, in addition to the common open space,
all off-street parking, loading and unloading areas, driveways, aisles,
sidewalks, and accessways in good condition, free of litter and refuse,
potholes, cracked pavement, ice, snow, or other seasonal hazards,
etc. All lighting, bumpers, markings, signs, drainage, and landscaping
shall be similarly kept in workable, safe and good condition. If the
owner fails to undertake repairs after proper notification by the
Construction Official, the governing body may authorize repairs to
be made at the owner's expense if, in the governing body's opinion,
conditions constitute a hazard to the safety and welfare of the municipality,
residents, and visitors.
E. All documents pertaining to any neighborhood association
common open space shall be subject to review by the Municipality's
Attorney, shall be countersigned by the Chairperson of the Planning
Board and the Mayor, and recorded as a covenant running with the land
when the final plat is recorded by the County Clerk.
Each development may be developed in stages
as outlined herein:
A. Application for final site plan approval or final
subdivision approval, or both, shall be limited to a minimum of 25%
of the total number of housing units authorized by the Planning Board
at the preliminary application stage. Once a final stage is approved
by the Planning Board, the second stage shall not be permitted for
consideration by the Planning Board for a period of less than three
months. All subsequent stages shall likewise have a waiting period
of no less than three months from the time of approval granted by
the Planning Board of the preceding stage.
B. Sequence of stages. In the deliberation of the proposed
sequence of stages, the Planning Board shall be guided by the following
criteria and factors:
(1) That each stage is substantially self-functioning
and self-sustaining with regard to access, utility service, parking,
open space, and other similar physical features and shall be capable
of occupancy, operation, and maintenance upon completion of construction
and development.
(2) That each stage is properly related to every other
segment of the planned development and to the community as a whole
and to all necessary community services which are available or which
may be needed to serve the planned development in the future.
(3) That adequate protection will be provided to ensure
the proper disposition of each stage through the use of maintenance
and performance guaranties, covenants, and other formal agreements.
(4) That the applicant will provide a balanced distribution
for development in each stage. Said disposition shall be judged on
the basis of the level of improvement cost, physical planning, and
coordination required and other relationships which may be necessary
to undertake each stage or segment.
Off-tract improvements shall be governed by Chapter
490, Site Plan Review, and Chapter
530, Subdivision of Land.
Where there is any conflict between the provisions of this article and the provisions of Chapter
490, Site Plan Review, and/or Chapter
530, Subdivision of Land, the provisions of this article shall prevail.
In any townhouse development intended to be constructed pursuant to the provisions of the within article, 20% of the total number of units permitted to be constructed shall be inclusionary low- and moderate-income units which meet the standards and criteria for affordability contained in the regulations of the Council on Affordable Housing (COAH). The developer will be required to comply with the provisions of this article as to all inclusionary units to be built on site, except as provided in §
600-104.
Any application for development with inclusionary
units shall include such information as will realistically assure
that the set-aside units will comply with the requirements provided
in the regulations of the Council on Affordable Housing and the requirements
of the within article and shall include a schedule of construction
which shall assure the contemporary construction of the set-aside
units with the market units.
Affordability criteria, pricing, and resale
controls as required by the COAH regulations shall be embodied in
a deed restriction and shall be submitted by the developer at the
time of preliminary site approval and shall be subject to the approval
of the municipality. In the event that any portion of the development
is to be for condominium ownership, such affordability and resale
controls shall be embodied in the registration application, the offering
statement, the bylaws, the master deed, and the unit deeds. As part
of the site plan review process, the developer shall be required to
submit a proposed form of contract with the municipality in which
the developer agrees to comply with the appropriate control mechanism
established by the municipality, which assures that low- and moderate-income
housing units remain affordable to low- and moderate-income households,
all in furtherance of and consistent with the applicable regulations
of COAH. The deed restriction documents shall be in recordable form
and shall be required to be recorded by the developer at the time
directed by the Municipal Attorney. Rental control on affordability,
initial pricing, annual index increases, procedures for resale, foreclosure
or resale, and phasing schedules shall be in accordance with COAH
regulations.
Subsequent to the adoption of the within article,
the Borough of North Haledon will adopt an ordinance establishing
an Affordable Housing Board, which will provide appropriate standards
and policies applicable to affordable housing units in the Borough
in accordance with COAH requirements. All applications for development
in the AHTD Zone shall be subject to the provisions of the said subsequently
to be adopted ordinance establishing an Affordable Housing Board.
The affirmative marketing plan is a regional
marketing strategy designed to attract buyers and/or renters of all
majority and minority groups, regardless of sex, age or number of
children, to housing units which are being marketed by a developer/sponsor,
municipality and/or designated administrative agency of affordable
housing. The plan will address the requirements of N.J.A.C. 5:93-11.
In addition, the plan prohibits discrimination in the sale, rental,
financing or other services related to housing on the basis of race,
color, sex, religion, handicap, age, familial status/size or national
origin. The Borough of North Haledon is in the housing region containing
Passaic County. The affirmative marketing program is a continuing
program and will meet the following requirements:
A. All newspaper articles, announcements and requests
for applications for low- and moderate-income units will appear in
the following daily regional newspapers/publications:
(1)
North Jersey Herald-News.
B. The primary marketing will take the form of at least
one press release sent to the above publication and a paid display
advertisement in each of the above newspapers. Additional advertising
and publicity will be on an as-needed basis.
C. The advertisement will include a description of the:
(2)
Direction to housing units;
(3)
Number of bedrooms per unit;
(7)
Location of applications, including business
house and where/how applications may be obtained.
D. All newspaper articles, announcements and requests
for applications for low- and moderate-income housing will appear
in the following neighborhood-oriented weekly newspapers, religious
publications and organizational newsletters within the region:
E. The following is the location of applications, brochure(s),
sign(s) and/or poster(s) used as part of the affirmative marketing
program, including specific employment centers within the region:
(3)
Developer's sales office.
(4)
Major employers in region.
F. The following is a listing of community contact person(s)
and/or organizations in Passaic County that will aid in the affirmative
marketing program with particular emphasis on contacts that will reach
out to groups that are least likely to apply for housing within the
region:
G. Quarterly flyers and applications will be sent to
each of the following agencies for publication in their journals and
for circulation among their members:
(1)
Board of Realtors in Passaic County.
H. Applications will be mailed to prospective applicants
upon request.
I. Additionally, quarterly informational circulars and
applications will be sent to the chief administrative employees of
each of the following agencies in Passaic County:
(1)
Welfare or Social Service Board.
(2)
Rental Assistance Office (local office of NJ
Department of Community Affairs).
(4)
Housing Agency or Authority.
(6)
Area community action agencies.
J. The following is a description of the random selection
method that is used to select occupants of low- and moderate-income
housing:
(1)
Each applicant, upon submission of an application,
will be designated a number. Two categories will be created: one for
low-income households and one for moderate-income households. A blind
drawing will be undertaken, one each for low- and moderate-income
households who are eligible for the specific affordable units.
K. The Borough of North Haledon's Affordable Housing
Board is to administer the affirmative marketing program. The Borough
of North Haledon's Affordable Housing Board has the responsibility
to income qualify low- and moderate-income households; to place income-eligible
households in low- and moderate-income units upon initial occupancy;
to provide for the initial occupancy of low- and moderate-income units
with income-qualified households; to continue to qualify households
for reoccupancy of units as they become vacant during the period of
affordability controls; to assist with advertising and outreach to
low- and moderate-income households; and to enforce the terms of the
deed restriction and mortgage loan as per N.J.A.C. 5:93-9.1. The North
Haledon Borough Administrator is the designated housing officer to
act as liaison to the North Haledon Affordable Housing Board. The
North Haledon Affordable Housing Board will provide counseling services
to low- and moderate-income applicants on subjects such as budgeting,
credit issues, mortgage qualification, rental lease requirements and
landlord/tenant law.
L. Households who live or work in the COAH-established
housing region may be given preference for sales and rental units
constructed within that housing region. Applicants living outside
the housing region will have an equal opportunity for units after
regional applicants have been initially serviced. The Borough of North
Haledon intends to comply with N.J.A.C. 5:93-11.7.
M. All developers of low- and moderate-income housing
will be required to assist in the marketing of the affordable units
in their respective developments.
N. The marketing program will commence at least 120 days
before the issuance of either temporary or permanent certificates
of occupancy. The marketing program will continue until all low- and
moderate-income housing units are initially occupied and for as long
as affordable units are deed-restricted and occupancy or reoccupancy
of units continues to be necessary.
O. The North Haledon Affordable Housing Board will comply
with monitoring and reporting requirements as per N.J.A.C. 5:93-11.6
and 5:93-12.1.