A.
The purposes of this chapter are to:
(1)
Guide the appropriate use and development of
all lands in the Township in a manner which will promote the public
health, safety, morals and general welfare.
(2)
Secure safety from fire, flood, panic and other
natural and man-made disasters.
(3)
Provide adequate light, air and open space and
to ensure a safe adequate potable water supply and the environmentally
safe discharge of sewerage waste into the ground.
(4)
Promote the establishment of appropriate population
densities and concentrations that will contribute to the well-being
of persons, neighborhoods and communities and the preservation of
the environment.
(5)
Provide sufficient space in appropriate locations
for a variety of agricultural, residential, recreational, commercial
and industrial uses and open space, both public and private according
to their respective environmental requirements in order to meet the
needs of all Township residents.
(6)
Encourage the location and design of transportation
routes which will promote the free flow of traffic while discouraging
the location of such facilities and routes which will result in congestion
or blight.
(7)
Promote a desirable visual environment through
creative development techniques and good civil design and arrangement.
(8)
Promote the conservation of open space and valuable
natural resources and prevent urban sprawl and degradation of the
environment through improper use of land.
(9)
It is the intention of the Township of Stillwater
to encourage and support farm activities consistent with the right
to farm in the State of New Jersey.
B.
It is the further purpose of this chapter to state
as clearly and simply as possible the intended requirements, to encourage
wide understanding of its meaning and to avoid costly technical and
legal problems. For the purposes hereinabove mentioned, this chapter
designates, regulates and restricts the location and use of buildings
and structures and land for residences, commerce, trade, industry
and other purposes and the height and number of stories and size of
buildings and other structures hereafter erected or altered; regulates
and determines the sizes of yards and open spaces; and regulates and
limits the density of population. In order to effect its purpose,
this chapter divides the Township into zoning districts of such number,
shape and area as may be deemed the best to carry out the purposes
of this chapter.
A.
Establishment of districts. The Township of Stillwater
shall be divided into the following types of zoning districts:
|
R-7.5
|
Residential District, one unit per 7.5 acres
| |
|
R-5
|
Residential District, one unit per 5 acres
| |
|
R-30
|
Residential District, one unit per 30,000 square
feet
| |
|
NC
|
Neighborhood Commercial
| |
|
C
|
Commercial District
| |
|
CR
|
Commercial Recreational District
| |
|
RC
|
Recreation/Conservation District
|
B.
Zoning Map. The boundaries of the districts are hereby established as shown on the map entitled "Zoning Map of the Township of Stillwater," dated May 2001, or most current. The map is on file in the office of the Clerk of the Township for the use and examination of the public, and copies are available for sale to the public.[1]
[1]
Editor's Note: The Zoning Map is also included at the end of this chapter.
C.
Boundaries. District boundary lines are intended to follow street center lines and lot or property lines as they existed as of the date of enactment of this chapter unless otherwise indicated by dimensions on the Zoning Map. The exact location of any disputed district boundary line shall be determined by the Zoning Board of Adjustment upon proper application made by any interested party.
D.
Additional maps and reports. The floodplains map entitled "Flood Insurance Rate Map - Township of Stillwater, New Jersey, Sussex County," showing flood-prone areas of Stillwater Township prepared by the Federal Emergency Management Agency; the soil map entitled "Stillwater Township Soils Limitations for Sewage Effluent Disposal," prepared by the United States Department of Agriculture, Soil Conservation Service, New Jersey, from the Stillwater Interim Soils Report of March 1970, or most current, Sheet No. 1; and the wetland map entitled "Stillwater Township Soils Limitations Map of Critical Wetland," prepared by the United States Department of Agriculture, Soil Conservation Service, New Jersey, from the Stillwater Interim Soils Report of March 1970, or most current, Sheet No. 2, are adopted as supplements to the Zoning Map. The interim soils report of March 1970, or most current, entitled "Soil Survey Report and Soil Resource Data for Stillwater Township, New Jersey," and herein and on such maps called the "Stillwater Interim Soils Report of March 1970," or most current, is adopted by reference and made part of this chapter as fully as if entirely set forth herein. The maps and data contained in the 1999 Master Plan Revision is also adopted by reference and made part of this chapter as fully as if entirely set forth herein. A copy of each map and of the report shall be on file in the office of the Clerk of the Township for the use and examination by the public.
A.
Conformity to area regulations. Except as previously
or hereinafter provided, no person shall locate, relocate, erect,
construct, reconstruct, enlarge or structurally alter any building
or structure except in conformity with the regulations of the district
in which such building or structure is located.
B.
Conformity to use regulations. Except as previously
or hereinafter provided, no person shall use any land or building
for any purpose other than is permitted in the district in which such
land or building is located.
C.
Pending applications for building permits. Nothing
in this chapter shall require any change in the plans, construction,
size or designated use of any building, structure or part thereof
for which any building permit has been granted before the enactment
of this chapter, provided that construction from such plan shall be
or shall have been started within 60 days from the date of issuance
thereof and shall be diligently pursued to completion.
D.
Open space.
(1)
No space contiguous to any building shall be
encroached upon or reduced in any manner except in conformity to the
yard, lot, lot area, building location, percentage of lot coverage,
off-street parking space and such other regulations designated elsewhere
in this chapter for the zone in which the building or space is located.
In the event of any such unlawful encroachment or reduction, such
building shall be deemed to be in violation of the provisions of this
chapter, and then the certificate of occupancy for such building shall
become null and void.
(2)
No open space provided around any building for
purposes of complying with the provisions of this chapter shall be
considered as providing open space for any other building.
E.
Appearance of buildings. No building shall be constructed
or altered within any residential district so as to be inharmonious
with the residential character of the area. The following types of
construction shall be considered not to be residential in character:
F.
Nuisances; open storage; sidewalk displays.
(1)
No store, shop, office, bar, tavern, restaurant,
grill, hotel or motel in any building shall use any noisemaking instruments,
such as phonographs, loudspeakers, amplifiers, radios, televisions
or similar devices, which are so situated as to be heard outside the
building, provided that nothing herein shall be deemed to prohibit
the playing of holiday music in commercial districts in connection
with holiday displays and decorations sponsored by any civic or business
group and approved by the Township Committee.
(2)
No smoke, fumes or objectionable odor shall
be emitted from any building in any zone, nor shall any accumulation
of trash, garbage, offal, junk or the like be permitted.
(3)
The storage or display of merchandise on the
exterior of any building or on any public street or sidewalk shall
be prohibited, except as otherwise specifically permitted and regulated
in this chapter. This section, however, shall not be construed to
prohibit the maintenance of garden shops, restaurant terraces and
similar areas maintained in connection with a store or other establishment,
provided that such areas are enclosed by a wall, trellis or screened
planting at least four feet in height.
G.
Buildings and lots.
(1)
No lot shall have erected upon it more than
one principal residential or commercial building or use, except as
otherwise specifically authorized in this chapter.
(2)
Height limitations stipulated elsewhere in this
chapter shall not apply to the following when attached to the principal
structures: chimneys, church spires, belfries, domes, standpipes,
cupolas, flagpoles, monuments, private radio and television antennas
or towers for the same, fire towers, cables, scenery lofts or water
tanks, elevator housing and similar structures, and no such exception
shall cover at any level more than 10% of the area of the roof on
which it is located, and further provided that no such building, structure
or combination thereof shall exceed 75 feet in height, except as may
be otherwise specifically provided in this article. All freestanding
structures shall be considered as accessory structures and shall meet
the height requirements as set forth in the zoning district regulations,
except that freestanding lighting structures shall not exceed 15 feet
in height in any zone.
(3)
An accessory building attached to the main building
shall comply in all respects with the requirements of this chapter
applicable to the main building.
(4)
An accessory building in a residential district
or in a private parking area shall not be located in any required
front yard space.
(5)
Accessory buildings in residential districts
shall not exceed one story or 15 feet in height, except barns for
agricultural use where permitted.
(6)
Only accessory structures shall be located in
the rear yard in accordance with the provisions of this chapter.
(7)
In residential districts, the minimum distance
of any accessory building from adjacent building shall be five feet.
(8)
Storage sheds, not exceeding 100 square feet
in area and 10 feet in height, of the type which do not require the
issuance of a building permit under the New Jersey Uniform Construction
Code, may be located in accordance with the district requirements
for accessory buildings.
(9)
Principal structures in residential districts
shall not exceed 35 feet in height. Accessory buildings in residential
districts shall not exceed 15 feet in height and may not exceed 1,000
square feet in floor area. Agricultural buildings where land is under
farmland assessment shall not exceed 35 feet in height. Accessory
buildings shall be limited to a maximum of four such buildings per
lot. Swimming pools are not considered accessory structures for purposes
of calculation of lot coverage.
[Amended 6-14-2011 by Ord. No. 2011-7; 7-5-2011 by Ord. No.
2011-8; 12-4-2012 by Ord. No. 2012-8]
(10)
Private garages. Garages may be constructed
in accordance with the following criteria.
(a)
One private garage may be erected upon a lot
containing a principal building.
(b)
No detached garage shall be erected unless all
of the following conditions are observed:
(c)
Any private garage shall be limited only to
any of the following stated uses:
H.
Commercial vehicles in residential districts. No commercial
vehicle exceeding two-ton rated capacity shall be parked or maintained
on any premises in any residential district, except on operating farms.
No tractor-trailer or diesel-operated commercial vehicle shall be
kept or maintained on any premises in a residential zone or district
except on an operating farm, and then may not be kept within 300 feet
of any residence on adjoining property.
I.
Use of floodplain areas. Notwithstanding any other
provision of this chapter, no building or structure, on-lot sewage
disposal facility or a street, roadway, parking lot or driveway shall
be erected or constructed, either above or below ground level, within
any floodplain in the Township. Nothing herein contained, however,
shall prohibit the use of any floodplain for farming, grazing, plant
nurseries, horticulture, truck farming, livestock and poultry raising,
forestry, wild crop harvesting or open recreation uses such as parks,
playgrounds, sport fields, golf courses, boat landings, bathing beaches,
picnic areas, hunting, fishing or the like, provided that such use
is permitted in the district in which the premises are located.
J.
Hydrologic sensitive areas.
(1)
Notwithstanding any other provision of this
chapter, no building or structure, on-lot sewage disposal facility
or a street, roadway, parking lot or driveway shall be erected or
constructed, either above or below ground level, within 100 feet of
any hydrologic sensitive lands, floodplain, stream or lake area in
the Township. Nothing in this chapter shall prohibit the construction
and maintenance of dams or other structures for the impoundment or
retention of water in any such stream, hydrologic sensitive lands,
pond or lake or of dug ponds or reservoirs, provided that all applicable
requirements and approvals of any public authority having jurisdiction
over such matters are met and obtained.
(2)
No hydrologic sensitive lands, floodplain, stream
or lake areas, as defined in this chapter, shall be filled with soil,
debris or other material unless it can be shown to the satisfaction
of the Zoning Officer that, after consulting with the Township Engineer,
the United States Soil Conservation Service and any state or federal
agency having jurisdiction thereof, the water quality, water quantity,
flow rates and cycles will not be altered to the detriment of adjacent
areas and the impact of the proposed filling will not have an unreasonably
adverse impact upon the ecology of the area. No stream or brook shall
be dammed nor the flow thereof impeded without the specific approval
of the State Division of Water Resources or other state or federal
agency having jurisdiction thereof.
K.
Environmentally sensitive areas; minimum improvable
lot area.
(1)
Rationale and purpose. Certain lands are not suitable for development, particularly residential development. Such lands include floodplains and flood hazard areas; wetlands; lands having a seasonal high-water table at surface or at less than 3.5 feet below the surface; streams, brooks, rivers and their corridors; ponds, lakes and any open water which is predominately a nonflowing and/or otherwise impounded body of water with a mean depth of four feet and a surface area greater than 1/2 acre; slopes of 15% grade or greater and involving but not limited to Rockaway very stony loam (PpE) and Rockaway steep outcrop (RvE); slopes less than 15% but predominately involving unsuitable soils such as Rockaway gravelly loam (RoC); other land characteristics commonly known to be unsuitable for conventional development measures and which are environmentally sensitive; lands subject to shallow depth to bedrock (3.5 feet or less); and lands overlying known or suspected faults, fractures, slides, sinkholes or subsidence locations; or lands underlain by carbonate bedrock and which appear substantially subject to negative development impacts or consequences despite reasonable remediation measures. All such lands, together with buffer areas if required herein, shall be and are hereby known as environmentally sensitive areas (ESAs) and shall not be disturbed in residential development except as and only to the extent permitted by the Planning Board. It is the expectation of the Township that the protections of this section, together with minimum lot sizes as provided pursuant to Article XI and Schedule B thereto,[1] will prevent the disturbance and development of ESAs to
the benefit of the Township's citizenry and natural environment.
(2)
It is also the purpose of this section to insure
that no lot shall be created and no site shall be developed for residential
purposes pursuant or subject to this article which does not provide
reasonably ample contiguous land to form an envelope in which to locate
a principal building, permitted accessory buildings and structures,
a private well and subsurface sewage disposal systems, yards sufficient
in size for normal use and enjoyment, and which is otherwise suitable
and reasonably improvable for its intended purposes.
L.
Yard regulations.
(1)
Required yards shall be open to the sky and
unobstructed, except that parapets, windowsills, doorposts, rainwater
leaders and similar ornamental or structural fixtures may project
up to one foot into such yards.
(2)
Cornices, eaves, bay windows, chimneys and air-conditional
equipment may project up to two feet into any required yard area.
(3)
Uncovered steps only may project up to five
feet into a required yard area.
(4)
Where any lot abuts a street right-of-way which
is proposed to be widened as indicated on the Master Plan or Official
Map of the Township of Stillwater or Master Plan of Sussex County,
or by the State of New Jersey, all setbacks shall be measured from
the proposed right-of-way.
A.
Existing uses. Any nonconforming uses or structures
existing as of the date of adoption of this chapter, or any use which
becomes nonconforming as a result of the adoption of this chapter,
may be continued upon the lot or in the building so occupied, and
any structure may be restored or repaired in the event of partial
destruction thereof.
B.
Enlargement or expansion of nonconforming uses and structures. No nonconforming building may be enlarged or expanded to cover a larger area than it occupied at the date of adoption of this chapter, except that where an existing lot is improved with a building or structure which is nonconforming due to location, such lot may be further improved by an addition to such building or structure, provided that the existing nonconforming setbacks may be extended but not further encroached upon. No nonconforming use may be extended or expanded over a larger area than it occupied at the time of enactment of this chapter, except that, in the case of any camp for boys and girls or other camps which existed prior to the enactment to this chapter as a nonconforming use, new buildings and facilities may be constructed on the tract either in replacement of or in addition to existing structures or buildings, provided that a site plan is first submitted to and approved by the Planning Board in compliance with the Article VI, Subdivision and Site Plan Review and Approval, of this chapter. Any nonconforming single-family residence located in any nonresidential district where residences are prohibited may be expanded, provided that yard areas as set forth in the regulation for the zoning district shall not be encroached upon, and further provided that the expanded structure shall continue to be used as a single-family residence.
C.
Conversion to permitted use. After a nonconforming
building or use has been converted to a permitted use, it shall not
be changed back again to a nonconforming use.
D.
Abandonment. If a nonconforming use has been abandoned,
such use shall not be recommenced. Cessation of a nonconforming use
for a continuous period of one year may be taken as prima facie evidence
of an intent to abandon such use.
E.
Nonconforming lots.
(1)
Any parcel or parcels of land which existed
prior to the adoption of land use regulations in the Township governing
lot size, or for which subdivision approval was granted by a municipal
agency prior to the effective date of this chapter may, if said parcel
contains not less than 60,000 square feet, or 15,000 square feet if
the property is located in the R-30 Zone, be used for any purpose
permitted in the zone, provided that building setbacks for that zone
can be met.
(2)
To expand or improve any existing residence in any zone or any existing nonconforming lot on which a residence now exists or a building permit has been issued prior to the date of adoption of this subsection, the applicant must meet setback requirements of the zone in which the building is located, except as otherwise provided in Subsection A of this section.
(3)
Any
lot created and approved by either Board in which stormwater drainage
or similar structures (but excluding roads) are dedicated in fee to
the Township in lieu of granting an easement shall not be considered
nonconforming solely because of conveyance to the Township. The area
conveyed to and accepted by the Township shall be calculated as if
it remained part of that original lot for area purposes and the setback
violation shall be deemed not to render the lot nonconforming. A deed
reciting this section of the chapter and its effect shall be approved
by the Board for each such nonconforming lot. The grantor of the lot
shall make suitable maintenance agreements and payments to the Township
as determined by the Township Committee.
[Added 7-6-2005 by Ord. No. 2005-14]
(a)
Example: Assume five-acre zoning. The applicant proposes a subdivision
with one five-acre lot of which 1/4 acre is to be conveyed to the
Township in fee for a stormwater basin. Further assume that with the
conveyance of the 1/4 acre, one of the side yard setbacks is encroached
upon. Upon the Township’s accepting the 1/4 acre basin in fee,
this remaining lot of 4 3/4 acres shall be considered conforming both
to the five-acre zoning and to the setbacks. If, thereafter, the zoning
was changed to say 10 acres, the lot would become nonconforming since
it would be considered a five-acre lot in a ten-acre zone.
F.
Registration and certification of nonconforming uses
and structures; fees.
(1)
The prospective purchaser, prospective mortgagee
or any other person interested in any land upon which a nonconforming
use or structure exists may apply in writing for the issuance of a
certificate stating that the use or structure existed before the adoption
of the ordinance which rendered the use or structure nonconforming
in accordance with N.J.S.A. 40:55D-68.
(2)
Application pursuant hereto may be made to the
Zoning Officer within one year of the adoption of the ordinance which
rendered the use or structure nonconforming, or at any time to the
Zoning Board of adjustment.
(3)
Such application shall contain the name and
address of the applicant, the nonconforming use so operated, the date
on which the uses commenced, the tax lot and block number of its location,
any buildings or structures in which such use is contained or are
necessary for the operation of such use and the numbers and types
of equipment and/or vehicles utilized in the operation of said use.
(4)
The applicant shall have the burden of proof as to all matters alleged. Where the application is to the Zoning Officer, it shall be in the form of an affidavit and shall be notarized. Where application is made to the Zoning Board of Adjustment, the application shall be processed as in the case of all other applications to said Board. Notice of such application shall be given in accordance with all the provisions of § 240-35.
(5)
If the Zoning Officer fails or refuses to issue a certificate, he shall notify the applicant, in writing as to the reasons therefor within 45 days from the date of application. Such denial may be appealed to the Zoning Board of Adjustment in accordance with the provisions of N.J.S.A. 40:55D-72, notice of which shall be given in accordance with N.J.S.A. 40:55D-12 and § 240-35.
A.
Permitted principal uses and buildings. Within the R-7.5 Residential District, residential density shall be one unit per 7.5 acres. In addition, each lot created after the adoption of this section shall contain a minimum area of contiguous developable land of one acre. See § 240-4 for the definition of the term "contiguous developable land." The following uses shall be permitted:
[Amended 3-6-2007 by Ord. No. 2007-3]
(1)
Single-family dwellings used as a residence
by not more than one family.
(2)
Agricultural, horticultural, and aquacultural
uses subject to the following requirements.
(a)
Farms devoted to agricultural, horticultural
or aquacultural use shall contain a minimum of 7 1/2 acres. Any
animal kept on the premises shall be in connection with the pursuit
of agricultural uses, other than household pets. This shall not include
the keeping of domestic animals for boarding, training, sale or resale
where such activities are not in connection with the pursuit of agricultural,
horticultural or aquacultural uses and are themselves the exclusive
or primary use. Nurseries, greenhouses and the boarding of horses
shall be permitted on a farm. It is intended that a single-family
residence use may be established on the same lot used for agricultural
purposes as set forth above. In that event, the area for the residence
and accessories shall have a minimum area of one acre.
(b)
Notwithstanding any other provision of this
chapter, nothing in it shall prohibit the agricultural or horticultural
use of the property by the growing of any crop or the raising of any
farm animal. Farm animals may be raised in the front yard where the
principal dwelling is 300 feet or more from the road and the animals
are properly housed and/or fenced in. Nothing herein shall be construed
as permitting dog kennels.
(3)
Public parks and playgrounds, libraries museums,
water tanks and community center buildings and grounds.
(a)
Public utility uses.
(4)
Buildings or land used exclusively by federal,
state, county or Township government for public purposes.
B.
Permitted accessory uses.
(1)
Private garages as defined in this chapter.
(2)
Greenhouses, toolsheds, summer houses, swimming
pools and other similar structures, provided that these structures
are used for private purposes only.
(3)
Customary accessory buildings for agricultural
and horticultural uses, subject to Board of Health regulations.
(4)
The keeping and raising of animals, poultry,
bees and the like, provided that no offensive sounds, odors or lights
extend beyond the property line and that all applicable ordinances
of the Township and the rules of the Board of Health are complied
with.
C.
Conditional uses. The following uses shall be permitted
only after review and approval by the Planning Board or Zoning Board
of Adjustment in accordance with regulations governing the approval
of conditional uses as set forth in this chapter.
D.
Bulk requirements.
(1)
Every residential lot in the R-7.5 Residential
Districts shall have a minimum width of 200 feet measured at the street
line and a minimum area of 7 1/2 acres, except as otherwise provided
in this chapter.
[Amended 12-21-2004 by Ord. No. 2004-24]
(2)
Principal buildings and structures shall have
a minimum setback from the side lot line of 30 feet.
(3)
Principal buildings and structures shall have
a required minimum setback of 75 feet from the street line, except
that on a corner lot a minimum setback of 100 feet from the street
lines shall be required. No accessory buildings or structures may
be erected in the front yard area except fences, driveways and walks,
wells, sewage systems and fuel-oil tanks (heating), but these shall
not be constructed or located on any portion of the road right-of-way
and shall be set back from the right-of-way line in accordance with
the rules and regulations or ordinances of the Board of Health or
Fire Department.
(4)
Principal buildings shall have a required setback of 75 feet from the rear lot line. Accessory buildings and structures in the rear yard shall have a required setback of 20 feet from the rear lot line. Accessory buildings and structures in a side yard shall be set back 30 feet from the side lot line. No structures other than fuel-oil tanks (heating), fences, driveways, walks, wells and septic systems shall be located in front yards. Where property fronts on a lake, accessory structures shall be permitted between the dwelling and the road used as access to the property in accordance with the provisions of § 240-114L. Should the lot be less than one acre, the accessory buildings and structures shall have a required setback of 10 feet from the side lot line and 10 feet from the rear side lot line.
(6)
(7)
Bulk requirements for open space residential
clusters. Open space residential clusters are authorized in the R-7.5
Residential District and shall comply with the following requirements:
(a)
Applicant must show the number of lots into
which the tract could be subdivided as part of a conventional subdivision
with minimum lot sizes of 7.5 acres and the total number of approved
cluster lots shall not exceed this number. The application and plat
for cluster subdivision approval shall comply with the following:
[1]
Minimum lot size: two acres.
[2]
Front yard setback: 75 feet from right-of-way
line.
[3]
Lot width: 200 feet at the setback line; side
yards: minimum 50 feet from side lot line except corner lots which
shall have minimum width of 75 feet from the street lines.
[4]
Rear yard: 75 feet from rear lot line.
[5]
Accessory buildings and structures shall be
located 20 feet from the rear line and 30 feet from side lot lines.
No structures other than fuel oil tanks (heating), fences, driveways,
walks, wells and septic systems shall be located in front yards.
[6]
The open space resulting from approval of a
cluster subdivision may be offered to the Township of Stillwater,
but if the Township declines to accept the dedication, the developer
shall then comply with the requirements of N.J.S.A. 40:55D-43, and
a copy of all required documents shall be submitted to the Planning
Board for review and approval.
(8)
Housing animals in accordance with the Recommended
Guidelines for Home Animal Agriculture in Residential Areas, Rutgers,
the State University of New Jersey, Leaflet 501, November 1982, or
most current, is permitted. No stable, shed, barn or other means of
sheltering livestock or animal waste collection shall be permitted
within 50 feet of any property line. This provision is not designed
to apply to household pets.
A.
Permitted principal uses and buildings. Within the R-5 Residential District, residential density shall be one unit per five acres. In addition, each lot created after the adoption of this section shall contain a minimum area of contiguous developable land of one acre. See § 240-4 for the definition of the term "contiguous developable land." The following uses shall be permitted:
[Amended 3-6-2007 by Ord. No. 2007-3]
(1)
Single-family dwellings used as a residence
by not more than one family.
(2)
Agricultural, horticultural and aquacultural
uses.
(a)
Farms containing a minimum of six acres. Any
animal kept on the premises shall be in connection with the pursuit
of agricultural uses, other than household pets. This shall not include
the keeping of domestic animals for boarding, training, sale or resale
where such activities are not in connection with the pursuit of agricultural
uses and are themselves the exclusive or primary use. Nurseries, greenhouses
and the boarding of horses shall be permitted on a farm. It is intended
that a single-family residence use may be established on the same
lot used for agricultural purposes as set forth above. In that event,
the home site shall have a minimum area of one acre, and the balance
of the tract shall be at least five acres.
(b)
Notwithstanding any other provision of this
chapter, nothing herein shall prohibit the agricultural or horticultural
use of the property by the growing of any crop or the raising of any
farm animal. Farm animals may be raised on the front yard where the
principal dwelling is 300 feet or more from the road and the animals
are properly housed and/or fenced in. Nothing herein shall be construed
as permitting dog kennels.
(3)
Public parks and playgrounds, libraries, museums,
water tanks and community center buildings and grounds.
(4)
Buildings or land used exclusively by the federal,
state, county or Township government for public purposes.
B.
Permitted accessory uses.
(1)
Private garages as defined in this chapter.
(2)
Greenhouses, tool sheds, summer houses, swimming
pools and other similar structures, provided that the structure is
used for private purposes only.
(3)
Customary accessory buildings for agricultural
and horticultural uses, subject to Board of health regulations.
(4)
The keeping and raising of animals, poultry,
bees and the like, provided that no offensive sounds, odors or lights
extend beyond the property line and that all applicable ordinances
of the Township and the rules of the Board of Health are complied
with.
C.
Conditional uses. The following uses shall be permitted
only after review and approval by the Planning Board or Zoning Board
of Adjustment in accordance with the regulations governing the approval
of conditional uses as set forth in this chapter.
D.
Bulk requirements.
(1)
Every residential lot in the R-5 Residential
District shall have a minimum width of 200 feet measured at the street
line and a minimum area of five acres, except as otherwise provided
in this chapter.
[Amended 12-21-2004 by Ord. No. 2004-24]
(2)
Buildings and structures in a side yard shall
have a minimum setback from the side lot line of 30 feet, except that
a corner lot shall have a setback of 60 feet from the street lines.
(4)
Principal buildings and structures shall have
a required minimum setback of 50 feet from the street line and 30
feet from any side lot line, except that on a corner lot a minimum
setback of 50 feet from the street lines shall be required. No accessory
buildings or structures may be erected in the front yard area except
fences, driveways and walks, wells, sewerage systems and fuel-oil
tanks (heating), but these shall not be constructed or located on
any portion of the road right-of-way and shall be setback from the
right-of-way line in accordance with the rules and regulations or
ordinances of the Board of Health or Fire Department.
(5)
Every principal building shall have a required
setback of 50 feet from the rear lot line.
(6)
Accessory buildings and structures in the rear yard shall have a required setback of 20 feet from the rear lot line and, in a rear side yard, shall be set back 30 feet from the side lot line. Where property fronts on a lake, accessory structures shall be permitted in the area between the dwelling and the road used as access to the property in accordance with the provisions of § 240-114L. Should the lot be less than one acre, the accessory buildings and structures shall have a required setback of 10 feet from the rear lot line and 10 feet from the rear side lot line.
(7)
Housing animals in accordance with the Recommended
Guidelines for Home Animal Agriculture in Residential Areas, Rutgers,
the State University of New Jersey, Leaflet 501, November 1982, or
most current, is permitted. No stable, shed, barn or other means of
sheltering livestock or animal waste collection area shall be permitted
within 50 feet of any property line. This provision is not designed
to apply to household pets.
(8)
The minimum lot size for a nonconforming lot
used for a professional office in a residence in the R-5 Zone shall
be two acres.
A.
Permitted principal uses and buildings. Within the
R-30 Residence District, the density shall be one unit per 30,000
square feet. The following uses shall be permitted.
B.
Permitted accessory uses.
(1)
Private garages as defined in this chapter.
(2)
Greenhouses, tool sheds, summer houses, swimming
pools and other similar structures, provided that the structure is
used for private purposes only.
(3)
Customary accessory buildings for agricultural
and horticultural uses, subject to Board of Health regulations.
C.
Conditional uses. The following uses shall be permitted
only after review and approval by the Planning Board or Zoning Board
of Adjustment in accordance with the regulations governing the approval
of conditional uses as set forth in this chapter.
D.
Bulk requirements.
(1)
Where connection to an integrated water supply
and distribution system exists or is provided, the minimum lot width
shall be 75 feet; the minimum lot depth shall be 100 feet; and the
minimum lot area shall be 30,000 square feet, except as otherwise
provided for in this chapter. Where connection to an approved integrated
water supply and distribution system is not available, the minimum
lot requirements shall conform to those set forth in the R-5 District.
(2)
Buildings shall have a setback of 25 feet from
the street line and 15 feet from the side lot line, except that, on
a corner lot, there shall be a minimum setback of 25 feet from street
line. Wells or sewer systems shall not be required to have any front
setback, except that required by the Board of Health, but shall not
be constructed in any portion of the road right-of-way.
[Amended 12-21-2004 by Ord. No. 2004-24]
(3)
Every principal building shall have a required
setback of 30 feet from the rear lot line.
(4)
Accessory buildings and structures shall have a required setback of five feet from the rear property line and shall be set back 10 feet from any side lot line. Where property fronts on a lake, accessory structures shall be permitted in the area between the dwelling and the road used as access to the property in accordance with the provisions § 240-114L.
(5)
Lot coverage shall not exceed 25%.
[Amended 12-18-2012 by Ord. No. 2012-9]
A.
Purpose. This district generally contains either publicly or semipublicly
owned land used for recreational purposes, such as public parks, camps
operated by governmental bodies, federal, state and local, or by the
Boy Scouts of America, Girl Scouts of America, YMCA, Diabetes Foundation
or religious organizations. It is not intended that retail sales and
services shall be permitted in these districts except as accessory
to the principal uses.
B.
Permitted principal uses.
(1)
Publicly owned park or recreation lands and facilities.
(2)
Camps operated for children and adults by the Boy Scouts of
America, Girl Scouts of America, YMCA, YWCA, Diabetes Foundation or
by religious organizations.
(3)
Trails.
(4)
Passive and active recreational facilities.
(5)
Such other unstructured recreational uses and activities that
will provide for the maintenance of open space in its natural condition
and otherwise leave such areas undisturbed and in their natural state.
C.
Permitted accessory uses.
(1)
Retail sales and service accessory to a camp or other recreational
use and principally designed to serve the users of a recreational
facility and their guests as distinguished from the public generally.
(2)
With respect to camping facilities: campsites; mess halls; buildings
used for offices, crafts, game rooms and the like; cabins used by
campers, tenting areas; docks, boathouses and other facilities normally
associated with camps, and also conference centers used for educational,
instructional or devotional purposes and not exceeding one year-round
single-family residence for the use of a caretaker or other designated
camp official and auxiliary housing for camp employees.
(3)
Private garages as defined in this chapter.
(4)
Greenhouses, toolsheds, swimming pools and other similar structures.
(5)
Customary accessory buildings for agricultural and horticultural
uses, subject to Board of Health regulations.
(6)
The keeping and raising of animals, poultry, bees, and the like,
provided that no offensive sounds, odors or lights extend beyond the
property line and that all applicable ordinances of the Township and
the rules of the Board of Health are complied with.
(8)
Bicycle paths, which shall not include pathways for dirt bikes,
all-terrain vehicles (ATVs), or other types of motorized vehicles.
(9)
Bicycle racks.
(10)
Benches.
(11)
Way-finding signage.
(12)
Scenic overlooks.
(13)
Hunting and fishing.
(14)
Sailing, canoeing and nonmotorized boating.
(15)
Such other structures and uses which are found to be necessary
or convenient to permitting the unstructured recreational uses allowed
as-of-right, but only within a scheme that will permit the least disturbance
to the natural state.
D.
Bulk requirements.
E.
Zone requirements. The following requirements shall be met for all
lots within the RC Recreation/Conservation District:
(1)
Site plan review. Site plan review by the Planning Board shall be required prior to the creation of any conservation use. The site plan submitted to the Planning Board shall delineate the location of the proposed use, its manner of development and its implementation in accord with § 240-56 et seq. of this chapter.
(2)
Parking. The provisions of parking shall be reviewed by the
Planning Board in connection with its review of the site plan. Consistent
with providing safe and adequate parking for those persons utilizing
the facilities provided, parking areas shall be designed to minimize
their environmental impact and shall be designed and constructed so
as to harmonize with the natural surroundings. Surfacing shall be
limited to that which is necessary to provide stabilization and which
minimizes rainwater runoff, in accordance with the recommendations
of the Planning Board Engineer.
A.
Permitted principal uses. Permitted principal uses
shall be as follows:
(1)
Food stores, markets, antique shops, clothing
and apparel stores, upholstery shops, variety stores, retail sales
establishments, sportswear shops, banks and drugstores, all of which
are for the purpose of serving the neighborhood in which they are
located. Also, barbershops, beauty salons, stationery stores, luncheonettes,
restaurants, feed stores, hotels, motels, government buildings, libraries,
museums and community centers, professional office buildings, not
including schools, package goods, taverns, appliance repair, business
offices, public parks, utilities and other commercial uses found by
the Zoning Board of Adjustment to be similar to or of the same general
character as any of the above-listed principal permitted uses.
(2)
Apartments attached to commercial buildings;
a maximum of one apartment per lot.
D.
Bulk requirements.
(1)
Every lot in a NC District shall have a minimum
width of 100 feet at the street line and a minimum lot size of one
acre, provided that the building does not contain an apartment. If
the building does contain an apartment, the required minimum lot size
shall be increased by 1/2 acre per apartment.
(2)
Every new building or structure in the NC District
shall be set back from the side lot line a minimum distance of 18
feet in order to provide access to the rear of the property. The space
shall be kept free of debris and may serve as pedestrian access to
parking areas and streets. An entrance and separate exit shall be
provided to parking areas. On a corner lot, all buildings and structures
shall be set back 20 feet from both street lines.
(3)
All buildings and structures shall be set back
at least 20 feet from the street line if off-street parking is to
be provided at the side and rear of the buildings and a minimum of
45 feet if off street parking is to be provided in the front of the
building. No principal building shall be erected within 40 feet of
the rear lot line, nor shall any accessory building be erected within
five feet of the rear lot line.
A.
Permitted principal uses. Shopping centers, lumber,
coal fuel storage and distribution yards, warehouses, wholesale distribution
centers, gasoline stations and automotive garages, contractor's garages,
contractor's storage yards and public utility storage yards and workshops
for repair purposes, provided that no danger to life, limb and property
shall exist beyond the boundaries of the property involved, and provided
further that the activity shall be of a type which shall not constitute
a nuisance as defined in this chapter; light manufacturing operations
carried on within completely enclosed buildings, including the manufacture,
compounding, assembly and treatment of articles or merchandise from
previously prepared materials, but excluding the use, storage, mixing
or preparing of all hazardous material or substances as defined under
Federal Clean Water Act, as amended, and the current New Jersey Department
of Environmental Protection standards.
D.
Bulk requirements.
(1)
Every lot in the C District shall have a minimum
width of 300 feet at the street line and a minimum area of three acres.
(2)
Every building or structure shall be set back
form side and rear lot lines at least 50 feet, except that, if the
lot is a corner lot, the distance from the street line shall be a
minimum of 75 feet.
(3)
Every parking lot shall be set back a minimum
distance of 30 feet from all street lines.
(4)
Total lot coverage of principal and accessory
buildings and paved areas shall not exceed 50% of the total area,
in accordance with the floor area ratio definition. Basement, garage
and rooftop parking shall be encouraged.
A.
Permitted principal uses.
(1)
Commercially operated swimming pools.
(2)
Commercially operated indoor and outdoor tennis
courts and other similar court games.
(3)
Golf courses.
(4)
Hotels and motels having a minimum of six sleeping units; lodges
and nightclubs.
[Amended 10-2-2018 by Ord. No. 2018-10]
(5)
Farms.
(6)
Seasonal camping facilities.
[Added 10-2-2018 by Ord.
No. 2018-10]
B.
Permitted accessory uses and buildings.
(1)
Restaurants, catering facilities and clubhouses.
[Amended 10-2-2018 by Ord. No. 2018-10]
(2)
Institutional and public uses.
(3)
Swimming pools and tennis courts accessory to
a hotel or motel.
(4)
Any other use which the Board of Adjustment
determines is one customarily incidental to the principal permitted
uses on the premises.
D.
Bulk requirements. The following requirements are
applicable in the CR District:
(1)
Commercial swimming pools:
(a)
Minimum tract size: 20 acres.
(b)
Maximum lot coverage by impervious surfaces
is 30%.
(d)
A ten-foot planted buffer strip shall be provided
between the subject premises and any adjoining residential zones or
uses.
(e)
There shall be separate points of ingress and
egress to the lot.
(f)
No public address system or other amplifying
system shall be used in such manner that sounds may be heard off site.
(g)
Lighting shall be constructed so that all light
is directed downward.
(h)
No outdoor swimming pool which adjoins a residential
zone or use shall be operated after 10:00 p.m., prevailing time.
(i)
One identification sign not exceeding eight
by 10 feet in area may be constructed at the entrance to the facility;
otherwise, only directional signs shall be permitted.
(2)
Commercially operated indoor and outdoor tennis
courts and other similar court games:
(a)
Minimum tract size: 15 acres.
(b)
Maximum lot coverage by impervious surfaces:
20%.
(d)
A ten-foot planted buffer strip shall be provided
between subject premises and any adjoining residential zones or uses.
(e)
There shall be separate points of ingress and
egress to the lot.
(f)
No public address system or other amplifying
system shall be used in such manner that sounds may be heard off site.
(g)
Lighting shall be constructed so that all light
is directed downward.
(h)
No outdoor tennis court which adjoins a residential
zone or use shall be operated after 10:00 p.m.
(i)
One identification sign not exceeding eight
by 10 feet in area may be constructed at the entrance to the facility;
otherwise, only directional signs shall be permitted.
(3)
Golf courses:
(a)
Minimum tract size: 200 acres.
(b)
Maximum lot coverage by impervious surfaces:
5%.
(d)
No green or fairway shall be located closer
than 75 feet to the property line.
(e)
No clubhouse or other facility where food or
beverages are served shall be located within 100 feet of the property
line.
(f)
There shall be separate points of ingress and
egress to the lot.
(g)
No public address system or other amplifying
system shall be used in such manner that sounds may be heard off site.
(h)
Lighting shall be constructed so that all light
is directed downward.
(i)
One identification sign not exceeding eight
by 10 feet in area may be constructed at the entrance to the facility;
otherwise, only directional signs shall be permitted.
(4)
Other uses.
(a)
The minimum lot size shall be three acres. The
minimum lot width and depth shall be 300 feet. All buildings shall
be set back 50 feet from side and rear lot lines. Parking areas shall
not be closer than 20 feet to any property line or 60 feet to any
street line.
(b)
Total lot coverage of principal and accessory
buildings shall not exceed 15% of the total lot area.
(c)
No horticultural, agricultural or dairying uses
or poultry or domestic animal raising shall be permitted on a parcel
of land containing an area of less than six acres.
(d)
No more than one principal use is permitted
in any building or on any lot, unless specifically permitted herein.
A.
Agricultural uses. Farms, including customary occupations
and lands which qualify as farmlands as defined herein, shall be subject
to the following regulations:
(1)
Buildings utilized for horticulture, nurseries,
greenhouses and the growing, raising harvesting and sale of agricultural
crops or for any other farm use shall not be less than 30 feet from
any side or rear lot line or 50 feet from the front line, except that
residential buildings may be constructed and located in conformity
with the standards for residences within those districts in which
they are located.
B.
Accessory structures. Accessory structures not attached
to a principal structure may be erected in accordance with the following
regulations:
(1)
Except as otherwise specifically permitted by
this chapter, no accessory structures shall be located in any front
yard.
[Amended 2-21-2004 by Ord. No. 2004-24]
(2)
Except where otherwise specifically permitted
by this chapter, accessory structures in residential zones shall meet
the setback requirements of the principal buildings.
(3)
No portion of any accessory structure shall
be used for living quarters for people.
(4)
When an accessory structure is attached to the
principal building, it shall be considered as a part of the principal
building, and it shall comply in all respects with the requirements
of this chapter applicable to the principal structure.
(5)
Accessory structures shall be included in meeting
the maximum impervious surface requirements for the district.
(6)
Not more than four accessory structures shall
be permitted on any lot in the R-7.5, R-5 or R-30 Residence Districts,
except agricultural uses on farms.
[Amended 6-14-2011 by Ord. No. 2011-7; 7-5-2011 by Ord. No.
2011-8]
(7)
Agricultural buildings on land that is under farmland assessment
shall not exceed 35 feet in height.
[Added 12-4-2012 by Ord. No. 2012-8]
C.
Personal recreation facilities in residential zones.
The following regulations shall apply to permanent and portable swimming
pools, tennis courts and similar personal recreation facilities:
(1)
Said use shall be erected on the same lot as
the principal structure and shall require a construction permit.
(2)
Said use may be erected in the side and/or rear
yard but not between the road and the principal building and further
shall meet all side and rear lot line setbacks as required by the
zone it is located in.
(3)
Said use shall be adequately screened so as
to not adversely affect adjoining properties, but such screening shall
be required if a swimming pool is within 20 feet of the property line.
(4)
Lighting which extends the hours of operation,
other than in-pool lights, shall be prohibited.
(5)
In the case of swimming pools, all measurements
shall be from the pool apron and the provisions for drainage shall
be approved by the Construction Official as part of the construction
permit.
D.
Professional offices.
(1)
Such accessory uses shall be allowed only in
accordance with the following requirements:
(a)
The minimum lot size shall be five acres.
(b)
The professional must reside on the premises.
(c)
A maximum of one nonresident nonprofessional
employee shall be permitted.
(d)
Not more than 35% of the gross floor area of
the principal building, excluding cellar areas, shall be permitted
to be used for the professional office.
(e)
Not more than one nonilluminated sign not to
exceed 2 1/2 square feet shall be permitted.
E.
Fences or walls. Fences or walls up to 24 inches in
height shall be permitted. Fences or walls in excess of 24 inches
in height shall be considered as accessory structures to a principal
permitted use and are permitted in accordance with the standards set
forth below:
(1)
Type of fence or wall.
|
Degree of Openness
| |||
|---|---|---|---|
|
Solid
(50% or more solid)
|
Semi-Open
(25% up to 50%)
|
Open
(up to 25%)
| |
|
Solid picket
|
1 x 2 wood screen
|
Split rail
| |
|
Board
|
Contemporary picket
|
Contemporary rail
| |
|
Board and batten
|
Cinder or concrete block laid on side
|
Wire mesh
| |
|
Louver panel
|
Rail and wire mesh
| ||
|
Staggered board
| |||
|
Panel
| |||
|
1 x 4 wood screen
| |||
|
Brick
| |||
|
NOTE: "Openness" is defined as the total area
of solid elements divided by the total area of fence. Translucent,
transparent or clear plastic or similar materials shall be considered
as solid elements.
| |||
(2)
General regulations on fences and walls.
(a)
Fences on or along the rear and side property
lines up to the minimum required front yard setback line shall not
exceed six feet in height.
(b)
Fences located on or along, the front property
line or on or along the side property lines between the street line
and the minimum required setback line shall not exceed four feet in
height.
(c)
No fence or wall shall be so constructed or
installed as to constitute a hazard to traffic or safety.
(d)
Open security fences up to eight feet high shall
be permitted in any business or industrial zone.
(e)
Hedges and other landscaping shall be exempt from the height limitations of this section but shall not be located so as to conflict with Subsection E(2)(a) above.
(f)
The face or finished side of a fence or wall
shall face the adjacent property.
(g)
In residence districts, fences on or along the
front property line or side property line between the front property
line and the minimum required front yard setback shall be either semi-open
or open.
F.
Residence uses in business buildings.
(1)
Dwelling units permitted in business buildings
may be located either above the commercial portion of the building
or at one side thereof.
(2)
There shall be two separate means of ingress
and egress from each such dwelling unit without entering the commercial
portion of the building.
(3)
Dwelling units shall meet all requirements of Chapter 229, Housing Standards, of the Code of the Township of Stillwater.
(4)
There shall be at least 5,000 square feet of
rear yard area available for each dwelling unit in a commercial building,
which yard area shall not be included in any required off-street parking
space and shall be available for the exclusive use of the occupants
of the dwelling units.
A.
Purpose; site plan review required. The purpose of
this section shall be to provide specific regulations applicable to
all conditional uses provided for in this chapter. In all cases, an
application for site plan review shall be submitted simultaneously
with the application for the issuance of a conditional use permit
in accordance with the provisions of N.J.S.A. 40:55D-67.
B.
C.
Hospitals and rest homes.
(1)
Hospitals or nursing homes shall be located
on tracts having not less than 10 acres.
(2)
Off-street parking spaces shall be provided
on the basis of one space for every two beds plus one for each employee
in the maximum working shift.
(3)
One off-street loading space shall be provided
for each 30,000 square feet of gross floor area, and an ambulance
space shall also be provided.
(4)
No hospital or nursing home shall exceed 35
feet in height.
D.
Home occupations. Home occupations, as defined in § 240-4, are permitted subject to the following:
(1)
The home occupation shall be conducted only
by members of the family owning and residing in a one-family dwelling
unit, plus not more than one person not a resident of the dwelling
unit, provided that the resident owner of the dwelling unit is an
on-site operator of the occupation.
(2)
No change shall be made to the exterior of the
residence which would alter its residential character and appearance.
(3)
The occupation must be conducted entirely within
the dwelling on either the first floor or basement but not both.
(4)
Not more than the equivalent of 50% of the area
of the first floor in the dwelling unit may be used for the home occupation
or related use.
(5)
No sounds caused by the home occupation use
may be audible outside the building.
(6)
No sign, display or advertising material may
be erected or displayed which is visible from outside the building.
(7)
No article may be sold or offered for sale on
the premises unless the same is incidental to the service being offered.
(8)
No machinery or equipment may be used which
will cause electrical or other interference with radio and television
reception in neighboring residences.
(9)
The home occupation shall not adversely affect
the traffic flow in the neighborhood.
(10)
The nature of the occupation must be such that
no additional off-street parking will be required.
E.
Conditions for accessory apartments. The following
conditions shall apply for the approval of accessory apartments in
single-family residence districts where permitted:
(1)
No enlargement of the residence shall be permitted,
except that entrance and exit facilities may be altered to permit
separate access to the accessory apartment.
(2)
The accessory apartment, as well as the remainder
of the residence, shall meet all Housing Code requirements based upon
the intended occupancy thereof.
(3)
The lot upon which the residence is situate
shall meet all area and dimension requirements of the ordinance for
the zone in which it is located.
(4)
The existing residence shall provide all required
side yards for the zone in which it is situate.
(5)
There shall be at least one connecting door
between the accessory apartment and the remainder of the residence
on all inhabited floor levels.
(6)
Occupancy shall be limited to a maximum of two persons together
with a caretaker, if appropriate, to assist those persons.
[Amended 9-18-2018 by Ord. No. 2018-11]
(7)
No built-in appliances shall be permitted other than the sink.
[Amended 9-18-2018 by Ord. No. 2018-11]
(8)
A bathroom containing only a toilet, sink and
stall shower shall be permitted in the accessory apartment.
(9)
The applicant shall specify the person or persons who will inhabit
the accessory apartment and will enter into an agreement with the
Township of Stillwater, in recordable form, specifying such person
or persons; agreeing that no other person or persons shall occupy
said accessory apartment; agreeing to remove all kitchen appliances
other than a built-in sink when the specified persons cease to occupy
the premises; and providing for the specific enforcement of the agreement
by the municipality. Said agreement shall be in form for recording
and shall be recorded by the municipality in the office of the Clerk
of the County of Sussex at the expense of the applicant.
[Amended 9-18-2018 by Ord. No. 2018-11]
(10)
The premises shall continue to be regarded as
a single-family residence for all purposes, including taxation, notwithstanding
such accessory apartment, said apartment being considered as a temporary
accessory use.
F.
Bed-and-breakfast inns.
(1)
Minimum lot area. No bed-and-breakfast inn shall
be conducted on a lot which fails to meet the minimum lot size for
the zoning district in which it is located.
(2)
Minimum number of off-street parking spaces.
The minimum number of off-street parking spaces shall be two for the
permanent residents of the dwelling, plus one additional space for
each room licensed for use by transients.
(3)
There shall be no visible indication of the
use from the road or adjacent properties, with the exception of a
sign measuring one foot by one foot, as permitted for homes.
(4)
The principal use of the premises is that of
a single-family residence. The operation of a bed-and-breakfast inn
by the permanent residents of the premises is considered an accessory
or subordinate use permitted only through issuance of a conditional
use permit.
(5)
Each application shall be accompanied by a certification
from the Board of Health that the current septic system and water
supply are adequate for the proposed use as a bed-and-breakfast inn.
(6)
No more than five rooms shall be used as guest
rooms for bed-and-breakfast transients, nor shall more than 12 persons
be registered as guests of the bed-and-breakfast inn at any one time.
No addition to any licensed bed-and-breakfast inn shall be permitted
without prior site plan approval by the Planning Board.
(7)
No premises shall commence to be used as a bed-and-breakfast
inn until after the issuance of a conditional use permit by the Planning
Board and the issuance of a license by the Township Committee.
G.
Veterinary hospitals.
H.
Country clubs and private swimming or tennis clubs.
(1)
No building, shall be located within 50 feet
of any property line.
(2)
Retail sales shall be restricted to members
and their guests only.
(3)
Unenclosed recreational facilities shall be
located not less than 50 feet from any property line and shall be
effectively screened from adjoining residential uses.
(4)
No public address system shall be permitted
which is audible at any property line.
(5)
Lighting shall be of the type which directs
the light to the ground.
I.
Institutional uses.
(1)
Such uses shall be permitted in residential
zones only if located on a primary or secondary road, or a local road
with a minimum improved width of 30 feet.
(2)
A minimum lot area of five acres shall be provided.
(3)
All of the required off-street parking shall
be located on the same lot as the principal use.
(4)
The maximum impervious surface shall not exceed
that permitted in the zone where located.
(5)
Each side yard shall be a minimum of 50 feet.
(6)
The front and rear yards shall be a minimum
of 75 feet.
J.
Public utility uses, essential services and telecommunication
towers and equipment.
(1)
Public utility uses and structures necessary
and convenient for the satisfactory provision of service by the utility
to the neighborhood or area in which the particular use is to be located
shall be permitted on minimum half-acre or larger lots, subject to
adequate buffering, and landscaping and adequate off-street parking
as determined by the municipal agency based upon the reasonably expectable
requirements of the particular facility. No service or storage yards
shall be permitted in residential districts. All structures shall
be located at least 25 feet from any rear or side property line and
50 feet from any front property line.
(2)
Telecommunication towers and equipment shall
comply with the following conditions:
[Amended 9-21-2010 by Ord. No. 2010-7]
(a)
Objectives, general requirements.
[1]
Objectives. The overall objective of these provisions is to
enable the location of necessary wireless antennas within Stillwater
Township in order to provide the fullest extent of wireless communication
services while simultaneously limiting the number of supporting towers
to the fewest possible. In acknowledgement that more than one service
carrier may have the right to provide communication services utilizing
wireless antennas within the Township of Stillwater, it is an objective
of these provisions that as many of the different service carriers
as possible collocate their wireless antennas on the same tower in
order to limit the total number of such towers within the Township
of Stillwater to the fewest possible. In addition, these ordinance
provisions seek to preserve the rural, agricultural character of the
Township and to locate the towers on Township-owned real estate where
feasible, and to protect the Township's historical resources.
[2]
Overall comprehensive plan. In order to provide proper evidence
that any proposed location of wireless antennas (and any supporting
tower and/or ancillary building enclosing related electronic equipment)
has been planned to result in the fewest number of towers within the
Township of Stillwater at the time full service is provided by the
applicant throughout the Township, the applicant shall submit a comprehensive
plan. Said comprehensive plan shall indicate how the applicant proposes
to provide full service throughout the Township of Stillwater and,
to the greatest extent possible, said comprehensive plan shall also
indicate how the applicant's plan is coordinated with the needs of
all other providers of wireless communication services within the
Township of Stillwater. The comprehensive plan does not supplant or
supersede any requirements for a site plan. Summarily, the comprehensive
plan shall indicate the following:
[a]
Whether the applicant's subscribers can receive
adequate service from wireless antennas located outside of the borders
of the Township of Stillwater;
[b]
How the proposed location and propagation patterns
of the proposed wireless antennas are necessary to the location of
any existing towers within and/or near the Township of Stillwater;
[c]
How the proposed location and propagation patterns
of the proposed wireless antennas are necessary to the anticipated
need for additional wireless antennas and supporting towers within
and/or near the Township of Stillwater by both the applicant and by
other providers of wireless communication services within the Township
of Stillwater;
[d]
How the proposed location of the wireless antennas
relates to the objective of collocating the wireless antennas of different
service carriers on the same tower;
[e]
How the proposed location of the wireless antennas
relates to the overall objective of providing full wireless communication
services within the Township of Stillwater while, at the same time,
limiting the number of towers to the fewest possible;
[f]
Whether the proposed wireless antennas meet all
technical emission standards set by the Federal Communications Commission
and other applicable technical requirements of state and/or federal
governmental agencies with appropriate jurisdiction;
[g]
Whether the proposed location of the proposed wireless
antennas complies with the requirements of the National Environmental
Policy Act;
[h]
Whether collocation of the proposed wireless antennas
on another existing tower or structure is feasible; and
[i]
Whether the proposed wireless antennas can be located
on municipally owned real estate.
[3]
Location priorities. If, according to the goals and objectives of
the comprehensive plan, wireless antennas are needed, such antennas
shall be located in accordance with the following prioritized locations:
[4]
A tower which is modified or reconstructed to accommodate the collocation
of an additional antenna or antennas shall be of the same type as
the existing tower unless the approving authority allows reconstruction
as a monopole.
[5]
Site plan submission and approval requirements.
[a]
Wireless antennas for telephone, radio, paging
and/or television communication shall require major site plan review
and approval in accordance with the site plan section of this chapter;
and
[b]
In addition to the applicable documentation and
items of information required for major site plans in the site plan
section of this chapter and on the related checklist, the following
additional documentation and items of information specific to wireless
antennas for telephone, radio, paging and/or television communication
are required to be submitted to the Planning Board for review and
approval as part of the site plan submission:
[i]
Documentation by a qualified expert regarding the capacity of
the proposed tower for the number and type of antennas;
[ii]
Documentation by a qualified expert that any proposed tower
will have sufficient structural integrity to support the proposed
antennas and the anticipated future collocated antennas and that the
structural standards developed for antennas by the Electronic Industries
Association (EIA) and/or the Telecommunication Industry Association
(TIA) have been met;
[iii]
A letter of intent by the applicant, in a form
which is reviewed and approved by the Township Attorney, indicating
that the applicant will share the use of any tower with other approved
wireless communication services; and
[iv]
A visual sight distance analysis graphically simulating the
appearance of any proposed tower and indicating its view from at least
the five locations around and within one mile of the proposed tower
where the tower will be most visible.
[v]
Radio frequency engineer's report explaining the propagation
study.
(b)
Height:
[1]
An existing tower may be modified or rebuilt
to a taller height not to exceed the maximum tower height established
by this chapter.
[2]
The additional height referred to in Subsection
J(2)(1)(b)[1] shall not require an additional distance separation.
The tower's premodification height shall be used to calculate such
distance separations.
[3]
The maximum height of any towers within the
Township shall be 199 feet.
(d)
In addition, tower construction may also be
considered for a conditional use at locations currently occupied by
high tension towers.
(e)
Setbacks. The following setback requirements
shall apply to all towers:
[1]
Towers must be set back a distance equal to
at least 120% of the height of the tower from any adjoining lot line,
all nonappurtenant buildings and the street right-of-way line.
[2]
Accessory buildings must satisfy the minimum
zoning district setback requirements.
[3]
No tower shall exist within required buffer
or conservation easement areas.
(f)
Separation. The following separation requirements
shall apply to all towers and antennas for which a variance or conditional
use permit is required:
[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 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 below:
|
TABLE 1
| ||
|---|---|---|
|
Off-Site Use/Designated Area
|
Separation Distance
| |
|
Base of tower to:
| ||
|
Residential properties, municipal buildings
(unless the tower is on the municipal building site), libraries or
houses of worship
|
300 feet or 300% of the height of the tower,
whichever is greater
| |
|
Vacant residentially zoned land
|
300 feet or 300% of the height of the tower,
whichever is greater
| |
|
Nonresidentially zoned lands of nonresidential
uses
|
At least 120% of the height of the tower from
any adjoining lot line, all nonappurtenant buildings and street right-of-way
| |
[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 as shown in Table 2 below:
|
TABLE 2
Separation Distances Between Towers
| ||||
|---|---|---|---|---|
|
Types
| ||||
|
Lattice
|
Monopole 100 feet or Greater in Height
|
Monopole Less than 100 feet in Height
| ||
|
Lattice
|
5,000
|
1,500
|
750
| |
|
Monopole 100 feet or greater in height
|
1,500
|
1,500
|
750
| |
|
Monopole
|
750
|
750
|
750
| |
(g)
Security fencing. Towers shall be enclosed by
security fencing not less than eight feet in height and shall also
be equipped with appropriate anticlimbing measures.
(h)
Landscaping. The following requirements shall
govern the landscaping surrounding towers for which a conditional
use permit is required:
[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 or planned residences.
The standard buffer shall consist of a landscaped strip a least 10
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
at the sole discretion of the approving authority.
[3]
Existing mature tree growth and natural land
forms on the site shall be preserved to the maximum extent possible.
In some cases, such as towers sited on large, wooded lots, natural
growth around the property perimeter may be sufficient buffer.
(i)
Buildings or other equipment storage.
[1]
The equipment cabinet or structure used in association
with antennas shall comply with the following:
[a]
The cabinet or structure shall
not contain more than 200 square feet of gross floor area or be more
than 10 feet in height. In addition, for buildings and structures
which are less than 48 inches in height, the related unmanned equipment
structure shall be located on the ground and shall not be located
on the roof of the structure.
[b]
If the equipment structure is located
on the roof of a building, the area of the equipment structure and
other equipment and structures shall not occupy more than 10% of the
roof area.
[2]
For antennas located on towers, the related
unmanned equipment structure shall not contain more than 200 square
feet of gross floor area, to be more than 10 feet in height and shall
be located in accordance with the minimum accessory structure requirements
of the zoning district in which located.
[3]
Structures or cabinets shall be screened from
view of all properties which abut or are directly across the street
from the structure or cabinet by a security fence 48 feet in height
or an evergreen hedge with an ultimate height of eight feet and a
planted height of at least six feet.
(j)
Removal of abandoned antennas and towers. Any
antenna or tower that is not in use for its intended and approved
purpose operated for a continuous period of six months shall be considered
abandoned (no longer operative), and the owner of such antenna or
tower shall remove the same within 60 calendar days shall be grounds
for the Township to require removal of the tower or antenna 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. The Township shall condition the issuance of any
permit to construct a tower or antenna or the posting of an appropriate
performance bond or other suitable guaranty in a face amount of not
less than 120% of the cost to remove the tower and restore the property,
as determined by the Township Engineer, and in a form approved by
the Township Attorney, for such construction as required under all
applicable Township ordinances.
(k)
Existing towers; rebuilding damaged or destroyed
nonconforming towers or antennas. Nonconforming towers or antennas
that are damaged or destroyed to the extent that the nonconforming
provisions no longer apply under law may not be rebuilt without having
to first obtain approval from the applicable municipal agency.
(3)
Collocation and new facilities.
[Added 11-21-2017 by Ord.
No. 2017-11]
(a)
Purpose and substantial change.
[1]
It is the purpose of these subsection provisions to provide
specific conditions and standards for the location, collocation and
operation of cellular antennas and cellular towers within the Township
of Stillwater. These subsection provisions recognize that there may
be benefits to the construction and operation of cellular antennas
and cellular towers and that state and/or federal laws and/or regulations
specifically regulate aspects of such operation. These subsection
provisions also acknowledge the need to safeguard the public good
and preserve the intent and purposes of the Stillwater Township zone
plan. These subsection provisions enable the location and collocation
of cellular antennas and cellular towers within the Township of Stillwater
in order to provide the fullest extent of communications services
while simultaneously limiting the number of cellular towers to the
fewest possible. This subsection seeks to preserve the rural, agricultural
character of the Township of Stillwater and to protect its historical
resources.
[2]
This subsection also sets forth requirements for eligible facilities
requests, for modifications to existing wireless towers or base stations
that do not constitute a substantial change.
[3]
SUBSTANTIAL CHANGE
[a]
[b]
[c]
[d]
[e]
[f]
The definitions set forth in 47 U.S.C. § 1455 are
incorporated herein, as may be amended, including the following definition
of "substantial change," per 47 CFR 1.4000l(c):
A modification substantially changes the physical dimensions
of an eligible support structure if it meets any of the following
criteria:
For towers other than towers in the public rights-of-way, it
increases the height of the tower by more than 10% or by the height
of one additional antenna array with separation from the nearest existing
antenna not to exceed 20 feet, whichever is greater; for other eligible
support structures, it increases the height of the structure by more
than 10% or more than 10 feet, whichever is greater. Changes in height
must be measured from the original support structure in cases where
deployments are or will be separated horizontally, such as on buildings'
rooftops; in other circumstances, changes in height must be measured
from the dimensions of the tower or base station, inclusive of originally
approved appurtenances and any modifications that were approved prior
to the passage of the Spectrum Act, 47 CFR 1.4000l(b)(7)(i)(A);
For towers other than towers in the public rights-of-way, it
involves adding an appurtenance to the body of the tower that would
protrude from the edge of the tower more than 20 feet or more than
the width of the tower structure at the level of the appurtenance,
whichever is greater; for other eligible support structures, it involves
adding an appurtenance to the body of the structure that would protrude
from the edge of the structure by more than six feet;
For any eligible support structure, it involves installation
of more than the standard number of new equipment cabinets for the
technology involved, but not to exceed four cabinets; or, for towers
in the public rights-of-way and base stations, it involves installation
of any new equipment cabinets on the ground if there are no preexisting
ground cabinets associated with the structure, or else involves installation
of ground cabinets that are more than 10% larger in height or overall
volume than any other ground cabinets associated with the structure;
It entails any excavation or deployment outside the current
site;
It would defeat the concealment elements of the eligible support
structure; or
It does not comply with conditions associated with the siting
approval of the construction or modification of the eligible support
structure or base station equipment; provided, however, that this
limitation does not apply to any modification that is noncompliant
only in a manner that would not exceed the thresholds identified in
Subsections [a] through [d] of this section.
(b)
Conditional use.
[1]
The uses listed in this section are deemed to be permitted uses
and shall not require a conditional use permit or variance application,
notwithstanding any other provision of the chapter. Jurisdiction shall
rest with the Planning Board of the Township of Stillwater.
(c)
Application procedure.
[1]
Collocation on an existing structure; eligible facilities request.
[a]
Application. Stillwater Township shall prepare
and make publicly available an application form which shall contain
the information necessary for Stillwater Township to consider whether
an application is an eligible facilities request. The application
may not require the applicant to demonstrate a need or business case
for the proposed modification.
[b]
Type of review. Upon receipt of an application
for an eligible facilities request pursuant to this chapter, the Planning
Board Engineer shall review such application to determine whether
the application so qualifies.
[c]
Timeframe for review. Within 60 days of the date
on which an applicant submits an application seeking approval under
this chapter, Stillwater Township shall approve the application unless
it determines that the application is not covered by this chapter.
[d]
Tolling of the timeframe for review. The sixty-day
review period begins to run when the application is filed, and may
be tolled only by mutual agreement by Stillwater Township and the
applicant, or in cases where the Planning Board Engineer determines
that the application is incomplete.
[i]
To toll the timeframe for incompleteness, the Planning
Board Engineer must provide written notice to the applicant within
30 days of receipt of the application, specifically delineating all
missing documents or information required in the application.
[ii]
The timeframe for review begins running again
when the applicant makes a supplemental submission in response to
the Planning Board Engineer's notice of incompleteness.
[iii]
Following a supplemental submission, the Planning
Board Engineer will notify the applicant within 10 days that the supplemental
submission did not provide the information identified in the original
notice delineating missing information. The timeframe is tolled in
the case of second or subsequent notices pursuant to the procedures
identified in paragraph (7) of this section. Second or subsequent
notices of incompleteness may not specify missing documents or information
that were not delineated in the original notice of incompleteness.
[e]
If the Planning Board Engineer determines that the applicant's request for collocation is a substantial change to collocation on an existing structure as defined in this subsection, the presumptively reasonable timeframe, as prescribed by the FCC's Shot Clock order, will begin to run from the issuance of the Planning Board Engineer's decision that the application is not a covered request. To the extent such information is necessary, the Planning Board Engineer may request additional information from the applicant to evaluate the application. When the Planning Board Engineer determines that such an application constitutes a substantial change, Subsection J(3)(c)[2] below must be complied with.
[f]
Failure to act. In the event the Planning Board
Engineer fails to approve or deny a request seeking approval under
this chapter within the timeframe for review (accounting for any tolling),
the request shall be deemed granted. The deemed grant does not become
effective until the applicant notifies Stillwater Township, in writing,
after the review period has expired (accounting for any tolling) that
the application has been deemed granted.
[g]
Remedies. Applicants and the Planning Board Engineer
may bring claims related to this section to any court of competent
jurisdiction.
[2]
New wireless facility and substantial change to collocation
on an existing structure.
[a]
All cellular antenna applications in zones in which
cellular antennas are a conditional use shall be submitted to the
Planning Board of Stillwater Township. All cellular antenna applications
in zones where cellular antennas are prohibited uses shall be submitted
to the Stillwater Township Zoning Board of Adjustment for a use variance.
[b]
The Planning Board and Zoning Board of Adjustment
reserve the right to engage, at the applicant's expense, a radio frequency
engineer to review the documentation submitted by the applicant in
its comprehensive plan and to testify as to the engineer's findings.
[c]
The applicant shall, as part of its application,
prepare and submit a comprehensive plan. Each comprehensive plan shall
be presented in single, bound volumes. The comprehensive plan does
not supplant or supersede any other site plan submission requirements.
The comprehensive plan shall contain, at a minimum, a complete presentation
on each of the following topics:
[i]
Existing service. The applicant shall address whether
its subscribers can receive adequate service from cellular antennas
located outside of the borders of Stillwater Township.
[ii]
Existing antenna locations. The applicant shall
graphically depict the location of existing cellular antennas in Stillwater
Township and explain how the proposed cellular antenna interacts with
the existing cellular antennas.
[iii]
Collocation. The applicant shall demonstrate
all existing structures that are available for location of the proposed
cellular antennas. In the event that the application does not utilize
any existing structure and instead proposed the construction of a
new cellular tower, the applicant shall demonstrate either that it
is impossible to obtain similar proposed signal coverage by collocating
the cellular antennas on existing structures or that no such structures
are available.
[iv]
Stillwater Township coverage. The applicant shall
set forth its strategy for providing the fullest possible signal coverage
within the borders of Stillwater Township. The applicant shall additionally
demonstrate how the proposed cellular antennas advance its strategy
for fullest possible signal coverage within the borders of Stillwater
Township.
[v]
Emissions standards. The applicant shall set forth
the applicable emission standards set by the Federal Communications
Commission and all other applicable technical requirements of other
federal and/or state governmental agencies with appropriate jurisdiction.
The applicant shall demonstrate that the proposed cellular antennas
meet all such technical emission standards.
[vi]
Actual emissions. The applicant shall submit a
full report of aggregate emissions of its own cellular antennas and
of all other cellular antennas located on the same structure once
the proposed cellular antennas are in operation.
[vii]
Municipal property preference. The applicant
shall demonstrate whether the proposed cellular antennas can be located
on municipally owned property.
[viii]
Architectural harmony. The applicant shall demonstrate
how its proposed cellular antennas and/or cellular towers are designed
to blend in with their surroundings and be as visually unintrusive
and as inconspicuous as possible.
[ix]
Written notice to other service providers. The
applicant shall supply copies of correspondence to all other owners
and/or operators and/or providers of cellular antennas, wireless communication
services and/or cellular towers regarding inquiry as to availability
of existing cellular tower space and whether the construction of an
additional cellular tower is required.
[x]
Appearance. The applicant shall demonstrate how
the proposed location of the cellular tower attempts to minimize the
visual prominence and solitary appearance of the cellular tower when
viewed from either residential areas or from the public right-of-way.
[xi]
Cellular tower design. The applicant shall demonstrate
that the proposed cellular tower design is the safest and least visually
intrusive design and the design most accommodating for collocation
of other cellular antennas. If a monopole design is not submitted,
the applicant shall demonstrate why the submitted design is superior
to a monopole design.
[d]
The maximum height of any towers within the Township
is 199 feet.
[3]
All applications for cellular towers, including collocation
or new towers, shall comply with any and all general applicable building,
structural, electrical, and safety codes, as well as any others deemed
by the Township to be related to health and safety. Further, all such
applications shall also comply with the requirements of the historic
preservation district, as applicable, and any concerns or comments
made by the commission thereto.
[4]
Failure of the applicant to submit a completed comprehensive
plan according to the specifications set forth above shall render
an application incomplete and thereby prevent hearing of the application
by the appropriate board.
[5]
All applicants shall appropriately conceal the cell tower antennae
and related structures.
(d)
Restoration and removal of cellular antennas and cellular towers.
[1]
The applicant shall post a performance bond for the demolition,
dismantling and removal of any cellular antenna and/or cellular tower.
[2]
Every cellular antenna and cellular tower shall be demolished,
removed and dismantled promptly after 180 continuous days of nonuse.
[3]
The applicant and/or operator of the cellular antennas shall
provide the Township with a copy of any notice or letter of intent
to cease operations in the event that such a notice or letter is sent
by the applicant and/or owner to the FCC.
(e)
Eligible facilities request application and fee. An eligible
facilities request application shall include but is not limited to
the following:
[1]
Address of the wireless tower.
[2]
The height (measured in feet above ground level) of the existing
tower as originally approved, including any modifications approved
prior to February 22, 2012.
[3]
What is the height (measured in feet above ground level) at
which the modifications to the transmission equipment will occur on
the tower?
[4]
What will the height (measured in feet above ground level) of
the existing tower be after the modifications to the transmission
equipment are installed?
[5]
Effect of modifications of transmission equipment on tower height:
[a]
Will the modifications in transmission equipment
(addition, removal or replacement of transmission equipment) result
in increasing the height above ground level of the existing tower?
[b]
Will the modifications in transmission equipment
result in increasing the height above ground level of the existing
tower by more than: 1) 10% of the height of the existing tower, as
originally approved, including any modifications approved prior to
February 22, 2012; or 2) 20 feet above the height of the existing
tower, as originally approved, including any modifications approved
prior to February 22, 2012, whichever height increase is greater?
[6]
Will the modifications in transmission equipment (measured at
the height above ground level where the transmission equipment will
be attached to the tower) result in any transmission equipment protruding
horizontally from the edge of tower by more than 20 feet or by more
than the existing width of the tower at that height, whichever of
these dimensions is greater?
[7]
Will the proposed changes in transmission equipment involve
excavation or placement of new equipment outside the existing tower
site or outside any access or utility easements currently related
to the site?
[8]
Will the proposed modification in transmission equipment involve
installation of more than the standard number of new equipment cabinets
for the technology involved, but not to exceed four?
[9]
Will the proposed modification in transmission equipment defeat
the existing concealment elements of the tower?
[10]
Prior conditions of approval.
[a]
Will the proposed modification in transmission
equipment comply with conditions of approval imposed on the tower
prior to February 22, 2012?
[b]
If the answer to Subsection J(3)(e)[10][a] is "No," is the noncompliance due solely to any of the conditions addressed in Subsections J(3)(e)[5] through [9] above?
[11]
List of all equipment to be collocated or added
to the tower or ground equipment.
[12]
Applicant's certification that they have the legal
authority to collocate/modify support structure, which may include
approvals from the jurisdiction authorizing the initial placement
of transmission equipment on the tower or other structure.
[13]
The identity of the owner of the parcel and the
owner of the existing tower(s), and proof that the owner of the parcel
and tower have authorized the applicant to collocate on the tower.
[14]
Detailed site plan. Except where the facility
will be located entirely within an existing structure or an existing
building, a detailed site plan shall show:
[a]
Existing and proposed improvements. The location
and dimensions of the existing facility and the maximum height aboveground
of the facility (also identified in height above sea level).
[b]
Elevation. The benchmarks and datum used for elevations.
[c]
Design. The design of the facility, including the
specific type of support structure and the design, type, location,
size, height and configuration of applicant's existing and proposed
antennas and other equipment. The method(s) by which the antennas
will be attached to the mounting structure shall be depicted.
[d]
Setbacks. All existing setbacks.
[e]
Location of accessways. The location of all existing
accessways and the location and design of all proposed accessways.
[15]
Application fee. All applicants shall pay an application
fee of $500 at the time that the application is filed.
K.
Barns on family farms. Barns for agricultural use
shall be permitted on family farms, subject to the following regulations:
(1)
Barns shall comply with the side and rear yard
setbacks as established for accessory buildings or structures in the
zone in which it is located.
(2)
The Planning Board may permit a barn on a family
farm to be located within the front yard, provided that the barn will
meet the required setback for a principal stricture in the zone in
which it is located.
(3)
The Planning Board shall particularly take account
of the possibility of further subdivision of the family farm and shall
assure that in the event of future subdivision, the barn shall continue
to be located upon the same property as the existing principal residence.
L.
Front and rear yard areas on lakefront lots.
(1)
Unless local custom or usage is to the contrary,
the portion of a lakefront lot which abuts the lake shall be considered
the front yard for purposes of this section.
(2)
Structures permitted in the front yard shall
be limited to docks, boathouses, barbecues and permitted fences.
(3)
Boat houses shall not exceed 15 feet in height
and shall be so located as to obstruct the view of adjoining lot owners
as little as possible.
(4)
Storage sheds not exceeding 100 square feet
in area may be located in side or rear yards and on lots containing
less than one acre may be located no closer than two feet to the side
lot line.
(5)
Any other permitted accessory structures may
be erected in side yards, provided that they meet all side yard setbacks
for the district.
(6)
Accessory structures in the rear yards (abutting
a street) may be constructed as of right, without necessity of obtaining
a conditional use permit, provided that no structure shall be erected
within 20 feet of the street line other than off-street parking facilities
and open fences not exceeding three feet in height. All other normal
accessory structures may be located between the twenty-foot setback
and the rear building line. A vegetative buffer shall be installed
between the accessory structure and any adjacent residences and the
street line. The purpose of this vegetative buffer is to mitigate
the impact on adjacent properties and the traveling public of an accessory
structure between the principal structure and the road.
M.
Group homes.
(1)
Minimum lot area shall be 140,000 square feet
plus 10,000 square feet for every occupant over six residing on the
premises; no such residence shall house more than 15 persons, excluding
resident staff.
(2)
Side and rear yard requirements shall be as
specified in the applicable zone.
(3)
No group home shall be located less than 4,500
feet from any other such residence or shelter.
(5)
Before a certificate of occupancy is issued,
the Planning Board shall review and approve a site plan.
(6)
The maximum impervious surface requirement of
the zone in which such use is located shall be adhered to.
(7)
The proposed use shall maintain a residential
appearance and shall be substantially similar to the existing surrounding
residential development.
(8)
Off-street parking shall be required and located
in accordance with the requirement of this chapter on the basis of
one additional off-street parking space for each two persons, excluding
resident staff, plus one space for each member of the resident staff.
(9)
The Planning Board may deny the conditional
use of the number of persons residing if existing community residences
or community shelters exceed 0.5% of the population of the municipality
based on population estimates published annually by the New Jersey
Department of Labor.
N.
Laboratories for experimental research.
(1)
Minimum tract size shall be three acres.
(2)
No process involving the use of radiation, nor
any process which is or may be injurious to public health, shall be
permitted. All hazardous materials and/or substances as defined by
the New Jersey Department of Environmental Protection and/or the Federal
Clean Water Act, as amended, shall be prohibited from use at such
facilities.
(3)
All processes shall be carried on in enclosed
buildings, and no noise, odor, glare, vibration, residue or other
such nuisance shall extend beyond the property line of the tract.
(4)
A buffer of evergreens or other appropriate
plantings shall be maintained between any such laboratory and adjoining
residential districts or properties.
O.
Accessory housing. Any such unit constructed shall
meet all the following requirements:
(1)
The principal dwelling shall be occupied by
a family member.
(2)
The occupant of any such unit shall be a family
member and no longer able to live independently.
(3)
The property owner/occupant shall annually (on
or before the first business day of the calendar year) certify that
the occupant of the unit is the person or persons originally approved
for the unit.
(4)
The lot shall be conforming in the zone.
(5)
The septic system shall be certified by the
Board of Health to be adequate to sustain both uses.
(6)
Adequate on-site parking shall be available.
(7)
A bond meeting the provisions of the Municipal
Land Use Law shall be provided to cover the cost of restoring the
dwelling to single-family use once the accessory unit is discontinued.
(8)
If the unit is constructed within an existing
dwelling, it shall only be accessible through a common entrance.
(9)
If the unit is an ECHO unit, it shall meet the
following:
(a)
All bulk requirements including, without limitation,
impervious coverage, setbacks.
(b)
The unit shall be owned by a nonprofit or governmental
entity.
(c)
Septic and water utility service shall be drawn
from that of the principal dwelling, although separate electric, telephone,
cable TV service is permitted.
(d)
The ECHO unit shall be buffered as deemed necessary
by the Planning Board. Said screening or buffering shall be designed
to minimize visual impact on adjacent properties.
(e)
No unit shall be larger than 625 square feet.
(10)
An application for installation of an accessory
housing unit shall be made to the Planning Board. Said application
shall be considered a minor site plan.
P.
Outdoor wood furnaces.
[Added 10-4-2011 by Ord. No. 2011-12]
(1)
Purpose. This Subsection P is intended to promote the public health, safety and welfare and to safeguard the health, comfort, living conditions, safety and welfare of the citizens of the Township of Stillwater due to the air pollution and fire hazards of outdoor wood furnaces and outdoor burning.
(2)
Findings. Outdoor wood furnaces, including outdoor wood-fired hydronic heaters (OWF), typically burn wood to heat water that is piped underground to a nearby structure (usually a home) resulting in heat for a building. With smoldering fires and short smokestacks OWFs can create heavy smoke that is released close to the ground, where it is not only a nuisance but unhealthy to breathe. Smoke contains particulates which can affect both the lungs and the heart. Therefore, in order to promote public health, safety and welfare of the citizens of the Township of Stillwater, OWFs as defined in this Subsection P shall be subject to regulation as set forth herein.
(3)
AFFIDAVIT OF KNOWLEDGE
CHIMNEY
EPA OHH PHASE 2 PROGRAM
EPA OHH PHASE 2 PROGRAM-QUALIFIED MODEL
EXISTING OUTDOOR WOOD FURNACE
NATURAL WOOD
NEW OUTDOOR WOOD FURNACE
OUTDOOR WOOD FURNACE
PERMIT TO OPERATE AN OUTDOOR WOOD FURNACE
SIGNIFICANT CHANGES IN ELEVATION
SITE PLAN
Definitions. As used in this Subsection P, the following terms shall have the meanings indicated:
Acknowledgement of New Jersey Administrative Code, Title
7, Chapter 27 (N.J.A.C. 7:27).
Flue or flues that carry off exhaust from an outdoor wood
furnace firebox or burn chamber.
EPA OHH (Outdoor Hydronic Heater) Phase 2 Program administered
by the United States Environmental Protection Agency and that has
a particulate matter emission limit of 0.32 pounds per million British
thermal units output and is labeled accordingly.
An outdoor hydronic heater that has been EPA OHH Phase 2
Program-qualified. The model has met the EPA OHH Phase 2 emission
level and is labeled accordingly.
An outdoor wood furnace that was purchased and installed prior to the effective date of this Subsection P and has been issued the certificate of occupancy (CO). The furnace shall at a minimum meet Environmental Protection Agency and New Jersey Department of Environmental Protection air emission requirements.
Wood which has not been painted, varnished or coated with
a similar material, has not been pressure treated with preservatives
and does not contain resins or glues as in plywood or other composite
wood products.
An outdoor wood furnace that is first installed, established or constructed after the effective date of this Subsection P. All new furnaces shall meet or be more limiting in air emissions than the EPA OHH Phase 2 Program requirements and shall be in compliance with New Jersey Department of Environmental Protection air emission requirements.
Any equipment, device, appliance or apparatus, or any part
thereof, which is installed, affixed or situated outdoors and is primarily
hand-loaded for the purpose of combustion of fuel to produce heat
or energy used as a component of a heating system providing heat for
any interior space or water source. An outdoor wood furnace may also
be referred to as an outdoor wood boiler, outdoor wood-fired hydronic
heater, outdoor hydronic heater or outdoor wood pellet furnace.
All persons or authorized representatives planning to install an outdoor wood furnace shall file a site plan for conditional use in all zones, as stated in Subsection P(5)(e) and (f) of this Subsection P, from the Planning Board prior to obtaining a permit from the Building Department and submit required documentation in accordance with this Subsection P, including the required affidavit of knowledge regarding the installation and use of an OWF. This permit shall be in addition to any other permits, such as plumbing, electrical, and other subcode permits and fees, as required by the Building Department. Fees shall be set by the Township Committee. A permit shall be obtained prior to operation, as defined by burning of fuel, connection of electric, and connection of plumbing. A permit shall also be obtained prior to operating an outdoor wood furnace following a transfer or sale of property at which the furnace is located. This shall be incorporated as part of the certificate of continued occupancy (CCO).
For the purpose of this Subsection P, significant changes in elevation are any natural or man-made objects, such as hills, ridgelines, stone outcroppings, tree lines, and structures, which are greater than 30 feet in height above the natural grade of the outdoor wood furnace.
For the purpose of this Subsection P, a site plan can be prepared by the owner of the property and does not require a professional engineer or surveyor. The most recent survey for the property should be used and indicate all structures on the owner's property. The site plan shall indicate the location of the furnace and height of the chimney. The site plan shall be prepared by the owner or authorized representative of the owner of any outdoor wood furnace and shall at a minimum show the metes and bounds of the owner's property and straight line distance from the outdoor wood furnace to:
(4)
Regulations pertaining to construction and installation; nuisance.
(b)
No person shall, from the effective date of this Subsection P, operate an existing outdoor wood furnace unless such operation conforms with the manufacturer's instructions regarding such operation and maintenance, and the requirements of this Subsection P regarding fuels that may be burned in an outdoor wood furnace as set forth in the definitions of "outdoor wood furnace" and "natural wood," and in Subsection P(5)(a) of this Subsection P.
(c)
All outdoor wood furnaces shall be constructed, established, installed, operated and maintained in conformance with the manufacturer's instructions and the requirements of this Subsection P. In the event of a conflict, the requirements of this Subsection P shall apply unless the manufacturer's instructions are more strict, in which case the manufacturer's instructions shall apply. Outdoor wood-burning boilers in New Jersey must comply with N.J.A.C. 7:27-3.2, Control and Prohibition of Smoke from Combustion of Fuel. This regulation mandates that stationary indirect heat exchangers, such as outdoor wood-burning boilers, produce no smoke, except for three minutes in any thirty-minute period. This does not include outdoor fireplaces such as chimineas and fire pits.
(d)
The owner of any new outdoor wood furnace shall obtain a permit
to operate an outdoor wood furnace and submit the following documents:
(e)
All outdoor wood furnaces shall be laboratory tested and listed
to appropriate safety standards such as UL, CAN/CSA, ANSI or other
applicable safety standards and meet emission limits of the EPA OHH
Phase 2 Program.
(f)
Nuisance. "Nuisance" and "nuisance element" are defined in § 240-4 of the Stillwater Land Development Code. If any outdoor wood furnace is, through the course of a proper investigation by local or state authorities, creating a verifiable nuisance, as defined by ordinance or law, the owner shall be required to take the following steps at the direction of the Building Department or Code Enforcement Officer of Stillwater Township:
[1]
Modifications made to the unit to eliminate the nuisance such as extending the chimney or relocating the outdoor wood furnace or both, as specified in this Subsection P.
[2]
Cease and desist operating the unit until reasonable steps can
be taken to ensure that the outdoor wood furnace will not be a nuisance.
[3]
Demonstrate that the outdoor wood furnace is installed in compliance
with the manufacturer's instructions.
(g)
The sale or transfer of any property with an existing outdoor wood furnace shall be required to obtain a permit to operate as defined in Subsection P(3) of this Subsection P. The furnace unit shall not be operated until an inspection of the furnace is conducted and operation of the furnace in accordance with the manufacturer's instructions is verified by the appropriate official.
(5)
Regulations pertaining to operation, setbacks and chimney height.
Outdoor wood furnaces shall be constructed, established, installed,
operated and maintained pursuant to the following conditions:
(a)
Fuel burned in any outdoor wood furnace shall be only natural
untreated wood, wood pellets, corn products, biomass pellets or other
listed fuels specifically permitted by the manufacturer's instructions
such as fuel oil, natural gas, or propane backup.
(b)
The location of any outdoor wood furnace shall not be located
in front of the primary residence. For corner lots, this limitation
shall apply to both residential structure sides fronting a roadway.
(c)
No outdoor wood furnace shall be located within 500 feet of
the property lines of a school, day care, medical facility or public
park.
(d)
The following fuels are strictly prohibited in any new and/or
existing outdoor wood furnaces:
[1]
Wood that has been painted, varnished or coated with similar
material and/or has been pressure treated with preservatives and contains
resins or glues as in plywood or other composite wood products.
[2]
Rubbish or garbage, including but not limited to food wastes,
food packaging, and food wraps.
[3]
Any plastic materials, including but not limited to nylon, PVC,
ABS, polystyrene or urethane foam, and synthetic fabrics, plastic
films and plastic containers.
[4]
Rubber, including tires or other synthetic rubber-like products.
[5]
Newspaper, cardboard, or any paper with ink or dye products.
[6]
Any other items not specifically allowed by the manufacturer
or this provision.
(e)
(f)
Chimney heights for any new outdoor wood furnace model:
[1]
The stack height shall be in accordance with the manufacturer's
instructions but in no case be less than five feet above the peak
roofline of the furnace unit.
(g)
Outdoor wood-pellet furnaces that are specifically designed
to burn wood pellet fuel, corn or other biomass pellets with metered
fuel and air feed and controlled combustion engineering shall be installed
per the manufacturer's recommendations.
(h)
The OWF is only to be used October 1 through May 1.
(6)
Situations as to where this Subsection P does not apply. This Subsection P does not apply to grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances. This Subsection P does not apply to burning in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation unless the material being burned is specifically precluded by this Subsection P. This Subsection P does not apply to the use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.
(8)
Inspection and right of entry. The Code Enforcement Officer of Stillwater Township or any authorized officer, agent, employee or representative of the Township who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this Subsection P. If the owner or occupant of the premises denies access to the property for this purpose, the Township may apply for a court order or warrant pursuant to law to compel entry to the property to carry out the provisions of this Subsection P.
A.
Applicability.
(1)
As a condition of approval and the continuance
of any use, occupancy of any structure and operation of any process
or equipment, the applicant shall certify compliance with the following
performance standards. Permits and certificates required by other
government agencies shall be submitted to the appropriate Board as
proof of compliance with applicable codes.
(2)
The regulations contained in this section shall
not apply to one-family dwellings but shall apply to any home occupations
contained in them.
(3)
All requirements of this section shall be items
covered in the developer's agreement.
B.
Temporary zoning permits.
(1)
In the event that a determination cannot be
made at the time of application that a proposed use, process or equipment
will meet the standards established in this section, the Zoning Officer
may issue a temporary zoning permit in accordance with the provisions
of this chapter. The temporary zoning permit shall be based on submission
of evidence that the proposed use, process or equipment will meet
the standards established herein after the completion of installation
and operation.
(2)
A temporary zoning permit shall be effective
for 90 days from the date of issuance. Such a temporary zoning permit
may be extended for an additional ninety-day period upon approval
of the issuing officer or appropriate municipal board. Only one such
extension shall be granted.
C.
Nuisance elements.
(1)
Location of tests; compliance required.
(a)
The determination of the existence of nuisance
elements shall be made at the following locations:
|
Nuisance Characteristics
|
Location of Test
| ||
|---|---|---|---|
|
Smoke, fly ash, dust, fumes, vapor
|
Vent or smokestack
| ||
|
Gases
|
Vent or smokestack
| ||
|
Odors
|
Property line
| ||
|
Liquid waste
|
Property line
| ||
|
Radiation
|
Vent or smokestack
| ||
|
Noise
|
Setback line
| ||
|
Vibration
|
Building wall
| ||
|
Glare
|
Property line
| ||
|
Electrical interference from any type of motor
|
Property line
| ||
|
Temperature change:
| |||
|
Gas
|
Vent or smokestack
| ||
|
Liquid or solid
|
Property line
| ||
(b)
Continued compliance with the performance standards
stated herein shall be a requirement for the continued occupancy of
any structure or the operation of any process or equipment.
(2)
Standards to be enforced.
(a)
Air pollution.
[1]
General. No substance shall be emitted into
the atmosphere in quantities which are injurious to human, plant or
animal life or to property or which will interfere unreasonably with
the comfortable enjoyment of life and property anywhere in the Township.
All provisions of Title 7, Chapter 27, of the New Jersey Administrative
Code or the regulations contained in this section, whichever shall
be the more stringent, shall apply.
[2]
Smoke. In any nonresidential zone, no smoke,
the shade or appearance of which is darker than No. 1 on the Ringelmann
Smoke Chart, shall be emitted into the open air from any fuel-burning
equipment; provided, however, that smoke emitted during the clearing
of a fire box or the building of a new fire, the shade or appearance
of which is not darker than No. 2 on the Ringelmann Smoke Chart, may
be permitted for a period or periods aggregating, no more than three
minutes in any 15 consecutive minutes. Smoke emissions from the combustion
of fuel in mobile sources and from stationary internal combustion
engines shall not exceed the limits set forth in Title 7, Chapter
27, of the New Jersey Administrative Code.
[3]
Solid particles, fly ash, dust, fumes, vapors
and gases.
[a]
In any zone, no discharge of solid
particles through a stack, duct or vent shall be permitted that is
greater than 50% of the allowable emissions established by Title 7,
Chapter 27, of the New Jersey Administrative Code.
[b]
No open burning shall be permitted
in any zone except pursuant to a permit issued by the State of New
Jersey.
[c]
All incinerators shall be approved
by the State Department on Environmental Protection.
[d]
Any road, parking area, driveway,
truck loading or unloading station or any other exterior area having
a substantial movement of vehicles or equipment shall be paved or
otherwise stabilized during construction sufficient to prevent the
generation of dust from the movement of such vehicles or equipment.
[4]
Odors. In any zone, no odorous material may
be emitted into the atmosphere in quantities sufficient to be detected.
(b)
Wastes.
[1]
Liquid wastes. No liquid waste shall be discharged
into any watercourse in the Township. If the applicant proposes to
construct facilities for the treatment of waste, he shall supply:
[a]
A statement by the New Jersey Department
of Environmental Protection that such proposed facilities are in compliance
with applicable state laws and regulations.
[b]
Approval by the appropriate officials
of the installation of such facilities. No liquid waste shall be discharged
into the public sewage collection and disposal system unless the appropriate
Township Sewerage Authority shall have first investigated the character
and volume of such wastes and shall have certified that it will accept
the discharge of such waste material into the system. The applicant
shall comply with any requirements of said officials, including the
pretreating of such wastes, the installation of processing methods,
separation of screening of wastes, control of pH and other methods
of improving such wastes prior to discharge, as a condition of approval
of such facilities.
[2]
Solid waste. Each property owner shall be responsible
for:
[a]
Adequate and regular collection
and removal of all refuse, except where the Township assumes such
responsibility.
[b]
Compliance with all provisions
of the New Jersey Department of Environmental Protection.
[c]
Compliance with all provisions
of Title 7, Chapter 26, of the New Jersey Administrative Code, where
appropriate.
[d]
No accumulation on the property
of any solid waste, junk or other objectionable materials.
(c)
Radiation. All use of materials, equipment or facilities which are or may be sources of radiation shall comply with all controls, standards and requirements of the Atomic Energy Act of 1954, as amended, as well as the Radiation Protection Act, Chapter 116, P.L. 1958, as amended, and Title 7, Chapter 28, of the New Jersey Administrative Code, whichever shall be more stringent.
(d)
Noise.
[1]
The purpose of this section is to ensure that
the environmental character of the area shall be interpreted in any
specific case with this objective in mind.
[2]
Measurements shall be made by a competent acoustical
engineer using equipment meeting United States of America Standards
Institute Standard S 1.4-1961 or the latest revision thereof and S
2.22 or the latest revision. All measurements shall be made in at
least eight frequency bands.
[3]
Ambient noise levels shall be made between the
hours of 8:00 a.m. and 11:00 p.m. for periods of at least one hour
and on three separate occasions during the period when the proposed
use shall be operated.
[4]
The permitted noise level of the proposed use,
measured at the measuring line, shall not exceed the ambient noise
levels in each frequency band.
[5]
In addition, noise shall be subject to standards
established by the New Jersey Department of Environmental Protection.
Where standards are established and are more restrictive than contained
in this chapter, the more restrictive standards shall be applicable.
[6]
The maximum continuous airborne sound set forth
in Title 7, Chapter 29, of the New Jersey Administrative Code shall
not be exceeded.
(e)
Vibration. In any zone, no vibrations discernible
without instruments at the measuring point shall be permitted.
(f)
Glare. No single standard for glare is promulgated
in this chapter due to the impracticability of establishing such standards.
It is the intent of these performance standards to ensure that both
direct and indirect glare, to the extent possible, are eliminated
or activities producing such glare are carried on within a structure.
Necessary glare-producing devices such as roadway and walkway lighting
shall be designed, constructed and maintained in such a manner as
not to be a nuisance to surrounding areas.
(g)
Temperature change. In any zone, any use or
process shall not produce a temperature change discernible at the
measuring point which shall produce a temperature change of greater
than 3° measured at a point 10 feet from the point of discharge.
(h)
Fire and explosive hazards. If it appears that
any proposed use, structure, process or resulting product or material
may constitute a fire or explosion hazard, the Board may require the
applicant to supply proof of:
[1]
Approval of the use, structure, process or resulting
product or material from the State Department of Labor and Industry
indicating that adequate safeguards against fire and explosion have
been taken or installed.
[2]
Approval from the Township of Stillwater Fire
Prevention Bureau that the applicant has complied with all applicable
Township fire prevention regulations.
A.
Construction. All off-street parking areas, other than single-family residential parking areas, shall be constructed in accordance with § 240-88.
B.
Off-street parking requirements. All uses permitted
or conditionally permitted in any of the districts herein established
shall provide minimum off-street parking as follows:
(1)
For each dwelling unit, two spaces.
(2)
For a school auditorium or other use involving
an assembly of persons, one space for every three seats or seating
accommodations.
(3)
For a hospital, clinic or nursing home, one
space for each employee and doctor for the shift with the greatest
number of employees, plus one space for each two beds.
(4)
Two spaces for each professional use, plus one
space for each employee of the profession.
(5)
All retail sales outlets shall have a minimum
of one space for each 100 square feet of retail floor area.
(6)
All offices shall provide a minimum of 1 1/2
spaces for each employee in the building.
(7)
All restaurants shall provide a minimum of one
space for each employee and one space for every three seats.
(8)
In NC and C Districts, all loading, and unloading
shall take place on the building site and shall not occupy required
off-street parking space or front yard space or be done within any
public road right-of-way. Each commercial use shall provide separate
loading and unloading areas with adequate ingress and egress for the
type of commercial vehicles being used or to be used. In any commercial
district, each business shall provide sufficient additional parking
area for parking business vehicles when not in use.
(9)
All off-street parking areas shall be used solely
for the parking of motor vehicles, and no commercial repair work or
service of any kind shall be conducted on such parking lot. No signs,
other than entrance, exit and condition-of-use signs, shall be maintained.
(10)
Off-street parking facilities shall be provided
on the same lot with the permitted principal building, except that
owners of two or more business buildings may jointly sponsor off-street
parking facilities, provided that the area of the parking, facilities
equals the parking area requirements of each owner participating therein
and complies in all respects with the requirements of this section.
A.
Permitted signs. The following signs shall be permitted:
(1)
Signs required by law to be exhibited by the
use or occupant of the premises.
(2)
Official signs erected by any governmental agency.
(3)
A nameplate sign showing the name and address
of the house or family on the premises, not larger than one square
foot in area.
(4)
A temporary sign advertising the prospective
sale or rental of the premises upon which it is located, not exceeding
eight square feet in area, and providing that it shall be maintained
and removed within seven days after consummation of a lease or sale
transaction.
(5)
Nonilluminated temporary signs on new construction
sites, not exceeding 75 square feet in area, provided that they shall
be maintained and removed within seven days after completion of the
construction work.
(6)
Temporary signs:
(a)
Temporary sale signs, such as garage, moving,
household, crafts and the like, for a consecutive period of seven
days before the sale; political signs may be posted prior to any election;
said signs are to be removed within three days after the sale or election.
(b)
Holiday sales for trees, crafts, etc., for a
consecutive period of 30 days prior to the holiday; said signs are
to be removed within three days after the holiday.
(7)
Identification signs for churches, hospitals,
clinics, schools, parks and playgrounds, commercial recreation areas,
public utility installations and similar uses, which shall be nonflashing,
and shall not exceed 16 square feet in area.
(8)
Customary warning or no-trespassing signs not
exceeding one square foot.
A.
Statement of purposes.
(1)
This section is intended to facilitate ways
in which housing rehabilitation and new construction can be provided
for low- and moderate-income households within Stillwater Township
in order for the Township to meet its indigenous housing obligations
as determined by the New Jersey Council on Affordable Housing (COAH).
(2)
It is intended to provide technical and financial
assistance to eligible homeowners for rehabilitating homes occupied
by low- or moderate-income households.
(3)
It is intended to provide a vehicle for eligible
homeowners to gain access to the loans and/or grants from the Township's
Housing Trust Fund.
(4)
Funding for rehabilitation shall be through
grant programs sponsored by the State of New Jersey Department of
Community Affairs and/or funding from the budget of the Township of
Stillwater placed in the Housing Trust Fund and/or other sources not
yet determined.
B.
Definitions; word usage.
(1)
Words and phrases defined in the Fair Housing
Act, the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) and in
the Substantive Rules of the Council on Affordable Housing (COAH)
[N.J.A.C. 5:92-1.3] shall be incorporated in this section as if written
herein.
(2)
FAIR HOUSING PROGRAM
GROSS INCOME
HOUSING ADMINISTRATOR
HOUSING TRUST FUND
REHABILITATION
As used in this section, the following terms
shall have the meanings indicated:
The program provided under the terms of this section.
The total income of all members of an applicant's household,
including but not limited to wages, tips, interest, dividends and
retirement programs.
The Township official to be appointed upon approval of this
section by the Township Committee, who, with the guidance and assistance
of the Health Officer, shall perform the duties outlined in this section.
The fund established for the financing, of low- and moderate-income
housing rehabilitation and development.
The restoration of a deficient dwelling unit to a safe and
sanitary condition as provided for under the terms of this section.
C.
General provisions.
(1)
Eligibility. Only owners of dwelling units within
Stillwater Township shall be eligible for the assistance offered by
this section.
(a)
The homeowner, as a member of either a low-
or moderate-income household who lives in the dwelling unit to be
rehabilitated, or an owner who rents a dwelling unit to either a low-
or moderate-income household shall be eligible for the assistance
offered under this section, provided that the owner agrees to rent
the rehabilitated dwelling unit to a low- or moderate-income household
for the required minimum period of time and at a rate which follows
COAH guidelines. Proof of income of the household occupying the rehabilitated
unit shall be required by the Housing Administrator.
(b)
A dwelling unit proposed to be rehabilitated
shall be considered deficient in accordance with N.J.A.C. 5:92 as
determined by the Housing Administrator. To qualify as deficient,
the unit must have a minimum of two of the following characteristics:
[1]
Constructed prior to 1940;
[2]
Be occupied by more than one person per room;
[3]
Not have a private entranceway to the dwelling
unit;
[4]
Not have exclusive access to complete plumbing
facilities meeting the health and sanitary codes of the Township;
or
[5]
Not have adequate kitchen facilities such as
piped water, a safe, operating stove or an operating refrigerator.
In any case, the unit shall be considered if it has deficiencies that
violate the United States Department of Housing and Urban Development
(HUD), Section 8, Existing Housing Quality Standards.
(c)
The rehabilitation will, upon completion, result
in a safe and sound dwelling unit meeting all health and safety code
requirements as certified through the issuance of a certificate of
occupancy.
(d)
The homeowner must agree, in writing, to comply
with all requirements of this section and the rules and regulations
established by COAH and other applicable ordinances of Stillwater
Township at the time the agreement for the assistance offered by this
section is signed.
(2)
Effect on homeowner. Owners who secure financial
assistance under the terms of this section shall be entitled to the
following rights and shall undertake the following obligations:
(a)
The right to apply for and receive special property
tax assessment treatment in accordance with applicable state law.
(b)
The obligation to place a deed restriction on
the property specifying that only low- or moderate-income households
may occupy the designated dwelling unit. The deed restriction shall
take effect on the date the application is approved and money has
been made available for the rehabilitation project. The deed restriction
shall be in effect for six years for owner occupied units and ten
years for renter-occupied. The beginning of the restricted time period
shall be from the date the certificate of occupancy is issued following
completion of the rehabilitation work. Sale of the deed restricted
property shall not affect the deed restriction.
(c)
The obligation to sell or rent the dwelling
unit at prices within the range of affordability as set forth by COAH
for the period of the deed restriction. Increases in the affordability
controls may be granted by the Township Committee upon written application
to and review by the Housing Administrator assuring compliance with
COAH's requirements for changes in the affordability controls.
(3)
Penalties for noncompliance. No financial assistance
from the Housing Trust Fund shall be disbursed to any applicant without
full compliance with the requirements of this section and other applicable
regulations. Any person who violates or who fails to comply with this
section or the other applicable regulations shall be penalized no
more than $1,000 and/or jailed no longer than one year and, as part
of the penalty, shall make restitution of any and all funds paid from
the Housing Trust Fund. Nothing herein shall prevent the Township
from taking such other lawful action as is necessary to prevent or
remedy any violation.
D.
Administration.
(1)
Staff.
(a)
The Township Committee shall appoint a Housing
Administrator who shall perform the following duties:
[1]
Affirmative marketing program:
[a]
Mailing to all homeowners, at least
once a year, an announcement of the Fair Housing Program. This announcement
shall include an explanation of the eligibility requirements as well
as the procedures for making application for rehabilitation assistance
under the program.
[b]
Conducting at least one well-publicized
public meeting, to outline and answer questions about the Fair Housing
Program.
[c]
Issuing periodic press releases
to inform the public of news related to the Fair Housing Program and
to promote interest in the program.
[d]
Preparation of information/application
packets for distribution to interested homeowners.
[2]
Preparation of the necessary applications, financial
statements, a summary of the commitments to the rules and regulations
of the program and such other forms to be executed in administering
the program. The final set of forms and documents prepared by the
Housing Administrator shall be approved by resolution of the Township
Committee. The appropriate forms shall include, along with other data
deemed appropriate, proof of ownership, income qualifications of the
occupants of the rehabilitated unit, the deed restrictions and the
time period for affordability controls applicable to the property,
a description of the work to be performed, the total cost of the work,
how much will be a loan and how much a grant, as well as the method
of repaying any loan.
[3]
Determination of eligibility of the applicant
based on the requirements of this section and the data provided on
the forms required as part of the application procedure.
[4]
Maintenance of an updated file on available
governmental and nongovernmental programs for financial assistance
for low- and moderate-income households, including eligibility requirements,
application forms, filing deadlines and whether funding is currently
available.
[5]
Technical assistance to eligible low- or moderate-income
applicants to apply for financial assistance for housing rehabilitation
from state and federal programs and from the Township's Housing Trust
Fund.
[6]
Determine the deficiencies of an applicant's
dwelling unit and submit the findings, in writing, to be kept on file
as part of the application.
[7]
Maintain a list of approved contractors based
upon satisfactory references on past work performed and on satisfactory
credit ratings.
[8]
Determine whether the proposed work to be performed
meets the parameters of this section and whether the cost to complete
that work is reasonable. Said determination shall be in writing, and
kept on file as part of the application.
[9]
Conduct appropriate periodic inspections of
the work being done and, when satisfactorily completed, issue a certificate
of occupancy bearing the date the certificate was issued. A copy of
this certificate shall be kept as part of the file on the application.
[10]
Preparation and periodic presentation
(at least once a year) to the Township Committee of a report on the
number and type of rehabilitation applications received and the amount
of technical assistance provided by the Housing Administrator. The
report shall contain, at a minimum:
[11]
Establish regular office hours
to be available to met with interested homeowners.
(b)
The Township shall include in its annual budget
sufficient funds to pay for the costs of administering this section.
The money expended for preparing and implementing the Fair Housing
Ordinance shall, in accordance with the Fair Housing Act, be considered
a mandated expenditure exempt from the limitations on final appropriations
imposed pursuant to P.L. 1976, c. 68, (N.J.S.A. 40A:4-45.1 et seq.).
(2)
Funding.
(b)
State and federal funds shall be disbursed according
to the rules and regulations of the agency administering the funds.
(c)
Township Housing Trust funds shall be available
for housing rehabilitation. The funds shall be disbursed as grants
for rehabilitating deficient dwelling units owned or occupied by low-income
households. The funds shall be disbursed as loans bearing 2% simple
interest for rehabilitating deficient dwelling units owned and occupied
by low- and moderate-income households or deficient dwelling units
owned by an absentee landlord but occupied by either a low- or moderate-income
household.
(d)
A loan may be disbursed on behalf of qualified
resident homeowners agreeing to a lien on the property for repayment
of the loan, plus accrued interest for up to six years, the loan and
interest to be repaid as determined by the Township and homeowner.
(e)
A loan may be disbursed to owners who agree
to a lien on the property for repayment of the remaining balance of
a loan, plus accrued interest, upon sale or transfer of the property
before the loan is amortized.
E.
Procedures for making application, review and approval.
(1)
Application. Application and other required
forms shall be made available at the office of the Housing Administrator.
Technical assistance shall be available from that office to assist
applicants in completing and submitting an application. There shall
be no fee for filing an application.
(2)
Review.
(a)
The Housing Administrator shall determine the
completeness of the application.
(b)
Upon a determination of completeness, the Housing
Administrator shall determine whether the applicant meets the eligibility
criteria.
(c)
Upon a determination that the applicant is eligible
under the program, the Housing Administrator shall inspect the property
to determine whether it qualifies as deficient under this section.
(d)
Upon a determination that the dwelling unit
is deficient, the Housing Administrator shall prepare a written description
of the work required to be completed in order to meet the criteria
of this section and related health and safety codes and submit a copy
to the applicant and retain one copy to be kept as part of the applicant's
file.
(e)
Upon receipt of this description of the work
required to be completed, the applicant shall:
[1]
Indicate any discrepancies or omissions in writing
to the Housing Administrator. The Housing Administrator shall review
the applicant's comments and provide a written response, including
any appropriate adjustments to the original report. A copy of this
response shall be submitted to the applicant with a copy to be kept
as part of the applicant's file.
[2]
Following the final determination of the work
to be performed, the applicant shall seek a written proposal, together
with the cost to complete the work, from appropriate qualified contractor(s).
This report shall be submitted to the Housing Administrator for review
and approval.
(3)
Action on the application.
(a)
Upon review of the contractor's written proposal
and cost estimate, the Housing Administrator shall either approve,
disapprove or modify the proposal as might be appropriate to meet
the requirements of the applicable ordinances and requirements of
this program and the judgment of both as to the reasonableness of
the cost. If the proposal is modified or disapproved, the applicant
and the contractor may meet with the Housing Administrator to make
appropriate modifications until the application is approved.
(b)
Upon approval of the work to be performed and
the related cost, together with the eligibility of the applicant,
all contracts shall be executed.
[1]
The contract between the applicant and the Township
and/or other governmental agencies covering the amount of the loan
and/or grant, the purpose of the loan and/or grant, the deed restrictions
and affordability controls, payback requirements for any loans, penalties
for noncompliance and such other requirements of the program as required
by law.
[2]
The contract with the contractor outlining the
work to be performed, the cost and the time of performance.
(c)
All payments which require expenditures from the Township Housing, Trust Fund shall be made by the Township to the contractor in accordance with the provisions of the contract outlined in Subsection E(3)(b)[1] above, subject to a guaranty that the money will go toward completion of the work included in the application and the contract. Any agreements with state and/or federal agencies will be conditioned upon the criteria of those agencies.
(d)
Following completion of the work, the Housing
Administrator shall inspect the dwelling unit and certify whether
or not the work has been satisfactorily completed. If the work is
sufficient, a certificate of occupancy shall be issued. If the work
is insufficient, the contractor shall be notified and given 90 days
to remedy the conditions cited. If the conditions are not corrected
within 90 days, the Township shall be authorized to either use the
proceeds of the guaranty filed by the contractor or such other remedies
as appropriate.
F.
Provision of new rental units.
(1)
Affordability controls. In accordance with COAH
standards, affordability controls shall be based on two-person households
for one-bedroom units, three-person households for two-bedroom units
and five-person households for three-bedroom units.
(2)
Rent controls.
(a)
Rents shall not exceed 30% of the published income limits for households of the sizes indicated in Subsection F(1) above, and these rent limits shall include utilities to be paid by the tenant.
(b)
Rents may be increased annually based on the
percentage increase in median income in accordance with the published
rules of COAH.
(3)
Length of controls on affordability. Owner-occupied
rehabilitated buildings shall be six years, and rental rehabilitated
dwelling units shall be 10 years income and rent controlled, respectively.
G.
Affordable housing development fees.
[Added by 12-21-2004 by Ord. No. 2004-25; 7-6-2005 by Ord. No. 2005-15]
(1)
Purpose. In Holmdel Builder’s Association
v. Holmdel, 121 N.J. 550 (1990), the New Jersey Supreme Court determined
that mandatory development fees are authorized by the Fair Housing
Act of 1985, N.J.S.A. 52:27D-301 et seq., and the State Constitution
subject to the Committee on Affordable Housing developing rules. The
purpose of this subsection is to establish standards for the collection,
maintenance and expenditure of development fees pursuant to COAH’s
rules. Fees collected pursuant to this subsection shall be used for
the sole purpose of providing low- and moderate-income housing. This
section shall be interpreted within the framework of COAH’s
rules on development fees.
(2)
COAH
DEVELOPMENT FEES
EQUALIZED ASSESSED VALUE
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
The New Jersey Committee on Affordable Housing established
under the Fair Housing Act of 1985.
Money paid by an individual, person, partnership, association,
company or corporation for the improvement of property as permitted
by COAH rules and regulations, N.J.A.C. 5:93-8 et seq.
The value of property determined by the Municipal Tax Assessor
through a process designed to ensure that all property in Stillwater
is assessed at the same assessment ratio or ratios required by law.
Estimates at the time of a construction permit may be obtained by
the Tax Assessor utilizing estimates for construction cost. Final
equalized assessed value will be determined at project completion
by the Tax Assessor.
(3)
Development fees: general.
[Amended 10-30-2007 by Ord. No. 2007-23]
(a)
All residential development that results in
construction of three or fewer new market-rate dwelling units shall
pay a development fee of 1% of the equalized assessed value for residential
development or $4,375 per unit, whichever is greater.
(b)
When an increase in residential density pursuant
to N.J.S.A. 40:55D-70d(5) (known as a "d" variance) has been permitted,
related to the construction of three or fewer new market-rate dwelling
units, developers may be required to pay a development fee of 6% of
the equalized assessed value for each additional unit that may be
realized. However, if the zoning on a site has changed during the
two-year period preceding the filing of such a variance application,
the base density for the purposes of calculating the bonus development
fee shall be the highest density permitted by right during the two-year
period preceding the filing of the variance application.
(c)
The term "developer" shall mean the legal or
beneficial owner or owners of a lot or of any land proposed to be
included in a proposed development, including the holder of an option
or contract to purchase, or other person having an enforceable proprietary
interest in such land.
(d)
All residential development that results in construction of more
than three new market-rate dwelling units and all nonresidential development
that results in an increase in gross floor area of any existing nonresidential
building or the construction of a new nonresidential building in the
Township is subject to growth share requirements.
(4)
Eligible exaction, ineligible exaction and exemptions:
[Amended 10-30-2007 by Ord. No. 2007-23]
(a)
Affordable housing developments shall be exempt from paying
development fees.
(b)
Expansion of existing residential structures shall be exempt.
(c)
Developments that have received preliminary or final approval
or a building permit prior to the effective date of Ordinance No.
2005-2 (March 15, 2005) shall pay a development fee of 1/2 of 1% of
the equalized assessed value for residential development unless the
developer seeks a substantial change in the approval, or the plan
is abandoned, approval lapses, or the period of protection pursuant
to N.J.S.A. 40:55D-52 expires without extension.
(d)
Owner-occupied residential structures demolished and replaced
as a result of a fire, flood or natural disaster shall be exempt from
paying a development fee.
[Added 7-19-2016 by Ord.
No. 2016-10]
(5)
Collection of fees.
[Amended 10-30-2007 by Ord. No. 2007-23]
(a)
Fifty percent of the development fee will be collected at the
time of issuance of the building permit. The developer shall submit
to the Housing Officer an estimate of the assessed value of the new
construction and lot to be verified if required by the Tax Assessor.
(b)
The remaining portion will be collected at the issuance of the
certificate of occupancy. At the issuance of certificates of occupancy,
the Tax Assessor shall calculate the equalized assessed value and
the appropriate development fee. The developer shall be responsible
for paying the difference between the fee calculated at building permit
and that determined at issuance of certificate of occupancy.
(c)
Imposed and collected development fees that are challenged shall
be placed in an interest-bearing escrow account by the Township. If
all or a portion of the contested fees are returned to the developer,
the accrued interest on the returned amount shall also be returned.
(6)
Affordable Housing Trust Fund.
[Amended 10-30-2007 by Ord. No. 2007-23]
(a)
There is hereby created an interest-bearing housing trust fund
for the purpose of depositing development fees collected from residential
developers. All development fees paid by developers pursuant to this
chapter shall be deposited in this fund.
(b)
Within seven days from the opening of the trust fund account,
the Township shall provide COAH with written authorization, in the
form of a three-party escrow agreement between the municipality, the
bank and COAH to permit COAH to direct the disbursement of the funds
as provided for in N.J.A.C. 5:94-6.16(b).
(c)
No funds shall be expended from the Affordable Housing Trust
Fund unless the expenditure conforms to a spending plan approved by
COAH. All interest accrued in the Housing Trust Fund shall be used
only on eligible affordable housing activities approved by COAH.
(7)
Use of funds.
[Amended 10-30-2007 by Ord. No. 2007-23]
(a)
Funds deposited in the Housing Trust Fund may be used for any
activity approved by COAH to address the municipal fair share. Such
activities include, but are not limited to: rehabilitation, new construction,
RCAs subject to the provisions of N.J.A.C. 5:94-4.4(d), ECHO housing,
purchase of land for affordable housing, improvement of land to be
used for affordable housing, purchase of housing, extensions or improvements
of roads and infrastructure to affordable housing sites, financial
assistance designed to increase affordability, or administration necessary
for implementation of the Housing Element and Fair Share Plan. The
expenditure of all funds shall conform to a spending plan approved
by COAH.
(b)
Funds shall not be expended to reimburse the Township for past
housing activities, and funds will only be expended by the Township
after approval by COAH.
(c)
After subtracting development fees collected to finance an RCA,
a rehabilitation program or a new construction project that is necessary
to address the Township's affordable housing obligation, at least
30% of the balance remaining shall be used to provide affordability
assistance to low- and moderate-income households in affordable units
included in the municipal Fair Share Plan. One-third of the affordability
assistance portion of development fees collected shall be used to
provide affordability assistance to those households earning 30% or
less of median income by region.
(d)
No more than 20% of the revenues collected from development
fees each year, exclusive of the fees used to fund an RCA, shall be
expended on administration, including, but not limited to, salaries
and benefits for municipal employees or consultant fees necessary
to develop or implement a new construction program, a Housing Element
and Fair Share Plan, and/or an affirmative marketing program.
(7.1)
Monitoring. The Township shall complete and return
to COAH all monitoring forms related to the collection of development
fees, expenditures of revenues and implementation of the spending
plan certified by COAH. All monitoring reports shall be completed
by the Township on forms designed by COAH.
[Added 10-30-2007 by Ord. No. 2007-23]
(8)
Expiration. This Subsection G shall expire if:
H.
Growth share.
[Added 12-21-2004 by Ord. No. 2004-26; amended 10-30-2007 by Ord. No. 2007-24]
(1)
General. The growth share requirements contained in this section
apply to construction in all zones within the Township. Responsibility
for constructing an affordable housing unit or making a contribution
in lieu of construction shall be as provided for under this section.
Furthermore, this section shall apply regardless of whether a subdivision
or site plan is involved in the creation of the lot under construction
or if the construction is on a preexisting lot. The triggering mechanism
for growth share responsibility shall be the issuance of a building
permit for new construction.
(2)
Exceptions.
(a)
Residential development that results in the construction of
three or fewer new market-rate dwelling units shall be subject to
development fees rather than a growth share requirement.
(b)
Developments that have received unexpired preliminary or final
approval from the Stillwater Township Planning Board or a building
permit from the Stillwater Township Construction Department prior
to the effective date of Ordinance No. 2004-26 (December 21, 2004)
are exempt from the growth share requirement.
(c)
Notwithstanding the foregoing, in the event an application is
made to the Planning and/or Zoning Board for an extension of a preliminary
or final approval, and such extension is granted, this section shall
apply and shall become a condition of such approval. In the event
an application is made to the Board for a modification of an existing
approval, the applicant shall be required to comply with the provisions
of this section (i.e., in the event a modification to an approved
subdivision results in an additional buildable lot being constructed,
the new lot shall be required to comply with the growth share requirements
in effect at the time the building permits are applied for for such
development). Compliance with this section shall be a condition of
the approval.
(3)
Residential development.
(a)
Except as exempted in Subsection H(2)(a), residential development which results in the construction of new market-rate dwelling units shall provide one affordable housing unit on site for every eight market-rate units constructed. In the event that a developer is constructing fewer than eight market-rate units, it shall make a payment in lieu of construction using the formula contained in Subsection H(3)(b) of this section.
(b)
For developments that result in a number of market-rate residential
units not evenly divisible by eight, the developer shall construct
the whole number of affordable units on site and for fractional units,
the developer shall make a payment in lieu of constructing the additional
affordable unit. The amount of the payment shall be established by
subtracting any whole multiples of eight from the total number of
market-rate residential units being created, dividing any remaining
number of units by eight and multiplying the resulting fraction by
$142,000. [NOTE: Example:
|
Proposed construction of 12 market-rate residential units
| |||
|---|---|---|---|
|
1.
|
12 ÷ 8 = 4 fractional units
| ||
|
2.
|
4 ÷ 8 = 0.5
| ||
|
3.
|
0.5 x $142,000 = $71,000]
| ||
(4)
Nonresidential development.
(a)
All nonresidential development that results in an increase in
gross floor area of any existing nonresidential building or the construction
of a new nonresidential building in the Township shall provide one
affordable unit for every 25 jobs that results from the application
of standards adopted by COAH as follows:
|
Use
Group
|
Description
|
Square Feet
Generating One
Affordable Unit
|
Jobs Per 1,000
Square Feet
|
|---|---|---|---|
|
B
|
Office buildings; places where business transactions of all
kinds occur; includes banks, corporate offices, government offices,
professional offices, car showrooms and outpatient clinics.
|
8,333
|
3
|
|
M
|
Mercantile uses; buildings used to display and sell products;
includes retail stores, strip malls, shops and gas stations.
|
25,000
|
1
|
|
F
|
Factories where people make, process, or assemble products;
includes automobile manufacturers, electric power plants, foundries,
and incinerators. F use group includes F1 and F2.
|
12,500
|
2
|
|
S
|
Storage uses; includes warehouses, parking garages, lumberyards,
and aircraft hangers. S group includes S1 and S2.
|
125,000
|
0.2
|
|
H
|
High hazard manufacturing, processing, generation and storage
uses. H group includes H1, H2, H3, H4 and H5.
|
25,000
|
1
|
|
A1
|
Assembly uses, including concert halls and TV studio.
|
12,500
|
2
|
|
A2
|
Assembly uses, including casinos, nightclubs, restaurants and
taverns.
|
8,333
|
3
|
|
A3
|
Assembly uses, including libraries, lecture halls, arcades,
galleries, bowling alleys, funeral parlors, gymnasiums and museums,
but excluding houses of worship.
|
8,333
|
3
|
|
A4
|
Assembly uses, including arenas, skating rinks and pools.
|
8,333
|
3
|
|
A5
|
Assembly uses, including bleachers, grandstands, amusement park
structures and stadiums.
|
Exclude
|
Exclude
|
|
E
|
Schools K through 12
|
25,000
|
1
|
|
I
|
Institutional uses, such as hospitals, nursing homes, assisted
living facilities and jails. I group includes I1, I2, I3 and I4.
|
12,500
|
2
|
|
R1
|
Hotels and motels.
|
31,250
|
0.8
|
|
U
|
Miscellaneous uses; fences tanks, barns, agricultural buildings,
sheds, greenhouses, etc.
|
Exclude
|
Exclude
|
(b)
All nonresidential development creating fewer than 25 jobs may provide one affordable unit on- or off-site or by utilizing an alternative method of growth share compliance pursuant to N.J.A.C. 5:94-4.8 et seq., and as approved by the Township, or make a payment in lieu of constructing the affordable housing unit. If the developer selects the latter option, the payment amount shall be calculated by utilizing the second column in the chart from Subsection H(4)(a). The formula to be used is as follows: Square footage of proposed use divided by 1,000 square feet, multiplied by the number of jobs as reflected in the second column of the chart in Subsection H(4)(a) then divide the number by 25 and multiply this number by $142,000. [NOTE: Example:
|
Proposed construction: 4,000 square feet of office space
| |||
|
1.
|
4,000/1,000 = 4 of jobs
| ||
|
2.
|
Multiply by the total in No. 1 per 1,000 square feet [Chart in Subsection H(4)(a)] 4 x 3 = 12
| ||
|
3.
|
Divide the total in No. 2 by 25: 12/25 = 0.48
| ||
|
4.
|
Multiply the total in No. 3 by $142,000 = 0.48 x $142,000 =
$68,160
| ||
(5)
General provisions.
(a)
Affordable housing units being constructed on-site or off-site
shall meet the requirements of the Township's Affordable Housing Ordinance,
if any, and shall be in conformance with COAH's third round rules
at N.J.A.C. 5:94-1 et seq. and the Uniform Housing Affordability Controls
at N.J.A.C. 5:80-26.1 et seq., including, but not limited to, requirements
regarding maximum rent and/or sales prices, affordability average,
bedroom distribution, and affirmative marketing.
(b)
As an alternative to fulfilling the affordable housing requirements set forth in Subsection H(3) and (4), developers may, with the approval of the Township, utilize an alternative mechanism for providing affordable housing to meet the Township's growth share obligations as allowed by COAH pursuant to N.J.A.C. 5:94-4.8 et seq. If a developer intends to utilize an alternative mechanism, such request should be made during the preliminary land use approval process which shall be incorporated into the resolution and developer's agreement.
(c)
To the greatest extent possible, affordable housing units being
provided within inclusionary developments shall be disbursed throughout
inclusionary developments and shall be located within buildings designed
to be architecturally indistinguishable from the market-rate units
otherwise being constructed within the development. To that end, the
scale, massing, roof pitch and architectural detailing (such as the
selection of exterior materials, doors, windows, etc.) of the buildings
containing the affordable housing units shall be similar to and compatible
with that of the market-rate units.
(d)
Construction schedule.
[1]
In the case of residential developments that are required to
construct affordable housing, the developer must comply with the following
construction schedule provided for under N.J.A.C. 5:94-4.4 (f) as
follows:
|
Percentage of Market-Rate
Units Completed
|
Minimum Percentage of
Low-/Moderate-Income Units Completed
| |
|---|---|---|
|
25%
|
0%
| |
|
25% + 1 unit
|
10%
| |
|
50%
|
50%
| |
|
75%
|
75%
| |
|
90%
|
100%
|
[2]
In the case of nonresidential construction, the developer shall
advise the Township of how and where the developer intends to construct
the affordable unit(s) as part of its preliminary application before
the Planning Board or Zoning Board of Adjustment. The affordable housing
unit(s) must be constructed prior to the issuance of the certificate
of occupancy for the nonresidential unit. In the event that a payment
in lieu of construction is to be made, regardless whether it is a
residential or nonresidential unit, the amount per unit shall be the
amount in effect at the time the property owner or developer obtains
the building permit.
[3]
Thirty percent of the payment in lieu of construction shall
be paid at the time that the building permit is issued, and the balance
shall be paid in full prior to the issuance of the certificate of
occupancy.
(e)
Full compliance with the affordable housing requirements is
mandatory and nonwaivable. The applicant must demonstrate to the Township
that the affordable housing obligation will be satisfied prior to
obtaining the first building permit, with compliance being a continuing
condition during construction.
(f)
All affordable units shall comply with all COAH requirements,
including but not limited to containing a thirty-year deed restriction
as required by COAH.
(g)
Affordable units: 50% of the units shall be low-income and 50%
shall be moderate-income, as required by COAH.
(h)
The bedroom mix shall be in accordance with current COAH rules
in effect at the time the building permit is issued.
(i)
Where possible, the affordable housing structures shall be consistent
in size and architectural features with the neighborhood or as approved
by the Planning and/or Zoning Board. Additionally, in the case of
a multi-unit development, the affordable units must be fully integrated
with the market-rate units.
(6)
Payment-in-lieu-of provisions.
(a)
Any payment-in-lieu-of amount of $142,000 [NOTE: Back up documentation
supporting the per unit cost must be received.] shall be derived from
the analysis of the subsidy required to create an affordable housing
unit in the Township, which analysis shall be on file in the office
of the Township.
(b)
All payments in lieu of constructing affordable housing shall
be deposited by the Township into an Affordable Housing Trust Fund
to be established by the Township in conformance with regulations
established by COAH and shall at all times be identifiable from development
fees. These funds shall be used by the Township.
I.
Municipal
Housing Liaison. The position of Municipal Housing Liaison (MHL) for
Stillwater Township is established by this subsection. The Township
Committee of Stillwater Township shall make the actual appointment
of the MHL by means of a resolution.
[Added 5-19-2009 by Ord. No. 2009-6]
(1)
The
MHL must be either a full-time or part-time employee of Stillwater
Township.
(2)
The
person appointed as the MHL must be reported to COAH for approval.
(3)
The
MHL must meet all COAH requirements for qualifications, including
initial and periodic training.
(4)
The
MHL shall be responsible for oversight and administration of the affordable
housing program for Stillwater Township, including the following responsibilities,
which may not be contracted out to the administrative agent:
(a)
Serving as the municipality’s primary point of contact for
all inquiries from the state, affordable housing providers, administrative
agents and interested households;
(b)
The implementation of the Affirmative Marketing Plan and affordability
controls;
(c)
When applicable, supervising any contracting administrative agent;
(d)
Monitoring the status of all restricted units in Stillwater Township’s
Fair Share Plan;
(e)
Compiling, verifying and submitting annual reports as required by
COAH;
(f)
Coordinating meetings with affordable housing providers and administrative
agents, as applicable; and
(g)
Attending continuing education opportunities on affordability controls,
compliance monitoring and affirmative marketing as offered or approved
by COAH.
