Article 19-600 Conditional Uses, Special Provisions and Affordable Housing

Before a construction permit or certificate of occupancy shall be issued for any conditional use as permitted by this chapter, authorization for the conditional use shall have been granted by the Land Use Board.

The Land Use Board shall review applications submitted to Blairstown Township for conditional uses as permitted by this chapter. Additionally, in accordance with N.J.S.A. 40:55D-67b of the Municipal Land Use Law, the review by the Land Use Board of an application for a conditional use also shall include any required site plan and/or subdivision review as may be necessary pursuant to this chapter.

Public notice and a public hearing regarding the request for approval of the conditional use shall be required as stipulated in § 19-706D of this chapter. Where a conditional use application involves a site plan or subdivision, notice of the hearing also shall include reference to requested site plan and/or subdivision approval, and the Land Use Board shall review and approve or deny the subdivision or site plan simultaneously with the conditional use application.

In accordance with N.J.S.A. 40:55D-67a of the Municipal Land Use Law, the Land Use Board shall grant or deny the application for a conditional use within 95 days of submission of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant. Failure of the Board to act within the required time period shall constitute approval of the application.

Adult entertainment uses.

Adult entertainment uses shall be specifically prohibited in every zone within the Township of Blairstown except the VN Village Neighborhood Zoning District within the Township.

In the VN Village Neighborhood Zoning District, no adult entertainment use shall be located on any property which is closer than:

Within 1,500 feet of the zoning district boundary line of any VR, R-2 and/or R-3 Zoning District;

Within 1,000 feet of any other adult entertainment use;

Within 2,000 feet of any school, any church, any dance studio, any hotel, any motel, any shopping center, any public lodging house, any motion picture theater, or any establishment distributing alcoholic beverages pursuant to a valid alcoholic beverage license issued by the Township of Blairstown or the State of New Jersey.

ADULT MOTION PICTURE THEATER

For purposes of this chapter, the following terms shall have the meanings indicated:

ADULT BOOKSTORE

An establishment having as a substantial or significant portion of its stock-in-trade, books, magazines and/or other periodicals, adult videos or DVDs, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas or an establishment with a segment or section devoted to the sale or display of such material.

[Amended 10-19-2005 by Ord. No. 2005-16]

An enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas for observation by patrons therein.

ADULT MINI MOTION-PICTURE THEATER

An enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas for observation by patrons therein.

SPECIFIED SEXUAL ACTIVITIES

Includes the following:

Human genitals in a state of sexual stimulation or arousal;

Acts of masturbation, sexual intercourse or sodomy; and/or

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

Airports.

For the purposes of this subsection and in accordance with N.J.A.C. 16:62, an airport is any area of land or water, or both, designed and set aside for the landing and taking-off of fixed-wing aircraft, utilized or to be utilized by the general public for such purposes, publicly or privately owned, and licensed by the Commissioner of the Department of Transportation as a public use airport or landing strip.

Airport facilities shall be permitted to include the following uses:

A runway with visual or nonprecision approach and connecting taxiways;

A heliport;

Hangars for the inside shelter and repair of permitted aircraft and tie-down areas for the securing of permitted aircraft outdoors;

A fueling area;

A waiting room;

A retail shop selling items relating to aviation;

Offices and office buildings;

Research laboratories;

Limited manufacturing;

Warehouses and assembly and distribution centers; and

Dining facilities and restaurants;

The aggregate lot area devoted to the airport shall not be less than 50 acres.

All existing development on the subject airport lands shall be permitted to remain and shall be deemed conforming, notwithstanding any other provisions of this chapter.

Any and all development on the subject airport lands occurring after the date of the original adoption of these regulations during November 1991 shall conform to the following:

No building, structure, pavement, parking area, tie-down area or any other improvement or activity shall be located within 75 feet of any street line or within 50 feet of any other property line.

No building shall be closer than 25 feet to another building, and a greater separation may be required in order to provide sufficient distance between buildings for adequate access by fire-fighting and other emergency vehicles.

The maximum floor area ratio (FAR) for all buildings shall be 0.20, and the maximum lot coverage of all buildings, structures and other impervious surfaces shall be 50%.

No building or structure shall exceed 2 1/2 stories and 30 feet in height, except as follows:

If a lower height is required by state or federal regulations, then no building or structure shall exceed such lower height limit; and

Control towers or similar structures associated with the airport may exceed 30 feet in height if specifically approved by the Land Use Board as part of a site plan review.

[Amended 4-11-2012 by Ord. No. 2012-02]

Each individual use shall provide off-street parking according to the following minimum provisions and the total number of required parking spaces shall be obtained by computing individually the parking requirements for each different activity and adding the resulting numbers together:

One space for every 250 square feet of net habitable floor are used for permitted offices, the retail shop, waiting room areas and all other net habitable floor are not utilized as a hangar or dining facility;

One space for every three seats within a dining facility; and

One space for every 1,000 square feet or fraction thereof of gross floor area utilized as a hangar.

Airports may have one freestanding sign not exceeding 75 square feet in area to identify the airport, provided and in addition to the following:

No sign shall interfere with the flight of aircraft, and all signs shall conform to all provisions herein;

The freestanding sign shall be set back from all street and property lines at least 50 feet and shall not exceed 15 feet in height; and

Additionally, for each specific activity occupying at least 750 square feet of segregated area having direct access from the outside, a sign not exceeding eight square feet in area identifying the name of the activity also shall be permitted to be attached flat against the building at the entrance.

All areas of the property not utilized by buildings and/or paved surfaces shall be landscaped as approved by the Land Use Board in order to lessen the visual impact of the facility and to prevent erosion and drainage problems.

[Amended 4-11-2012 by Ord. No. 2012-02]

All development on the subject airport lands shall require major site plan approval in accordance with Article 19-800 of this chapter. Moreover, in addition to the information required for preliminary major site plans in § 19-804 of this chapter, the following information specific to the airport also shall be required:

The location, use and height above grade of any obstruction in the area contiguous to the airport, within at least 3,000 feet from the end of the runway, and within at least 500 feet from each side of the center line of the runway;

The proposed air traffic pattern, in both mapped and narrative form;

A description and mapping of the location of the screening devices and any other provisions to be made to safeguard the character of surrounding areas and minimize noise, dust, vibration or any other nuisances;

A description of fire-fighting and other safety aids and equipment to be provided; and

All site plans for the airport shall indicate existing facilities, proposed facilities and probable future facilities in order that these factors may be considered in evaluating the airport proposal in terms of future effects upon the surrounding land and future land use patters of Blairstown Township.

All other applicable requirements of this chapter and all other applicable laws of the Township of Blairstown shall apply.

Car washes. Car washes are permitted conditional uses within the HC Highway Commercial District in accordance with the following conditions and standards:

All mechanical activities must be conducted within a totally enclosed building, other than individual car vacuums. No merchandise, products or other equipment or objects shall be displayed or stored outside. No motor vehicles, trailers or similar equipment shall be displayed or parked on the premises for the purpose of display, sale, storage or overnight parking.

Three access lanes for each mechanized car wash entrance shall be provided, each lane with a minimum capacity to queue up 12 vehicles.

All vehicle entrances to the car wash building shall be from the rear of the building, and all parked and waiting vehicles shall be accommodated on the lot.

In addition to the access lanes, off-street parking shall be provided in accordance with the following schedule:

One separate space for each waxing, upholstery cleaning or similar specialized service area;

One space for each employee; and

Two spaces for each mechanized car wash exit for the purpose of drying vehicles outside the building and for customer pickup. Such spaces shall not interfere with any required or necessary exit lanes.

Landscaping shall be provided in the front yard area in order to lessen the visual appearance of the activities on the site from the street.

Long expanses of building facades shall be broken with variations in architectural design and/or landscaping, and the building facade shall not consist of metal siding.

The wastes from the car washing operation shall be pretreated in accordance with a plan approved by the Township Engineer prior to their discharge. A system to recycle and reuse the water from car washes shall be required and shall be subject to the Township Engineer's review and approval.

All of the area, yard, building coverage, height, and general requirements of the HC District and all other applicable requirements of this chapter not contrary to the specific conditions and standards specified herein shall be met, but waivers and/or variances from such HC District and any other applicable requirements of this chapter may be granted by the Land Use Board.

[Amended 4-11-2012 by Ord. No. 2012-02]

Cellular antennas.

Purpose. It is the purpose of these provisions to provide specific zoning conditions and standards for the location and operation of cellular antennas for telephone, radio, paging and other personal communication services and/or television communication within the Township of Blairstown which recognize the need to safeguard the public good and preserve the intent and the purposes of the Blairstown Township zone plan.

Objectives. The overall objective of these provisions is to enable the location of the necessary antennas within the Township of Blairstown in order to provide full cellular communication services while, at the same time, limiting the number of supporting towers to the fewest possible. Therefore, since it is recognized that a number of service carriers have the right to provide cellular communication service within the Township of Blairstown, it also is an objective of these provisions that many of the different carriers collocate their antennas on the same tower in order to limit the overall number of towers within the Township to the fewest possible.

Overall comprehensive plan. In order to provide evidence that the proposed location of the proposed antennas (and any proposed supporting tower and ancillary building enclosing related electronic equipment) have been planned to result in the fewest number of tower locations within the Township of Blairstown at the time full service is provided by the applicant throughout the Township, the applicant shall provide an overall comprehensive plan indicating how it intends to provide full service throughout the Township of Blairstown and, to the greatest extent reasonably possible, shall indicate how its plan specifically relates to and is coordinated with the needs of all other providers of cellular communication services within the Township of Blairstown. Essentially and summarily, the overall comprehensive plan shall indicate the following:

How the proposed location of the proposed antennas relates to the location of any existing towers within and near the Township of Blairstown;

How the proposed location of the proposed antennas relates to the anticipated need for additional antennas and supporting towers within and near the Township of Blairstown by the applicant and by other providers of cellular communication services within the Township;

How the proposed location of the proposed antennas relates to the objective of collocating the antennas of many different providers of cellular communication services on the same tower; and

How the proposed location of the proposed antennas relates to the overall objective of providing full cellular communication services within the Township of Blairstown while, at the same time, limiting the number of towers to the fewest possible.

Location priorities. If needed in accordance with an overall comprehensive plan for the provision of full cellular communication services within the Township of Blairstown utilizing the fewest number of towers as possible, cellular antennas shall be permitted at the following prioritized locations:

[Amended 11-10-2010 by Ord. No. 2010-07]

The first priority location shall be on Township of Blairstown property, an existing tower or an existing or proposed water tower or standpipe within the Township of Blairstown. Such first priority sites shall not be subject to the provisions of § 19-105A and B.

The second priority location shall be on lands zoned within the HC, PRO and/or the GCI Districts.

The third priority location shall be on lands where the tower is situated at a topographic ground elevation at least 700 feet above sea level. (See the Topographic Elevations Map at § 19-305 in this chapter for the general mapping of the topographic elevations within the Township of Blairstown as drafted from the United States Geological Survey Maps.)

No more than one tower or other existing structure used for telecommunications services shall be authorized on one lot.

Area and setback requirements.

If the proposed antennas will be attached to an existing tower or an existing or proposed water tower, water stand or on Township-owned property, no land area shall be required in addition to the land area upon which the existing structure is situated; or

[Amended 11-10-2010 by Ord. No. 2010-07]

If the proposed antennas and proposed new supporting tower will be on lands within the Township of Blairstown within the HC, PRO and/or the GCI Districts or if the tower is situated at a topographic ground elevation at least 700 feet above sea level, the following minimum requirements shall be met:

The proposed antennas and proposed supporting tower and ancillary building enclosing related electronic equipment shall be located on a lot at least five acres in area within the R-5 District or on a lot at least one acre in area within any other zoning district within the Township of Blairstown; and

[Amended 4-4-2001 by Ord. No. 2001-03]

Excepting for any access driveway into the property, any required landscaping and any underground utility lines reviewed and approved by the Land Use Board as part of the site plan submission, no building, structure and/or disturbance of land shall be permitted within a 100-foot setback distance from any street line or any other existing or proposed property line, except that if the tower will exceed 100 feet in height, the tower shall be set back a distance equivalent to its height from any street line and any other property line.

[Amended 4-11-2012 by Ord. No. 2012-02]

Maximum height. The height of any proposed antenna and any proposed new tower shall be demonstrated by the applicant to be the minimum height necessary for the proposed installation to satisfactorily operate.

Design details.

Electrical equipment shall be enclosed in a building which shall not be more than 15 feet in height nor more than 400 square feet in area, and only one such building shall be permitted on a lot for each provider of cellular communication services located on the site. In the event that a site is to be used by multiple carriers, the building shall be designed in a manner so as to be expandable to accommodate each carrier with square footage not to exceed 400 square feet. The design of the structure shall be rural in character and in keeping with the agricultural nature of the Township of Blairstown.

[Amended 11-10-2010 by Ord. No. 2010-07]

Any proposed new tower shall be a monopole unless the applicant can demonstrate, and the Land Use Board agrees, that a different type pole is necessary for the collocation of additional antennas on the tower.

[Amended 4-11-2012 by Ord. No. 2012-02]

No antenna shall be located on any tower in order to provide noncellular telephone service; such service shall be provided via existing telephone lines if available to the site, or by the underground extension of telephone lines to the site if necessary.

All proposed antennas, any proposed new tower and any proposed building enclosing related electronic equipment shall be colored to best blend with the surroundings, including any sight vistas.

Between any existing or zoned residential property bordering the proposed lot and the location of any proposed new tower or any proposed building enclosing related electronic equipment, a landscaped buffer at least 20 feet deep shall be provided.

The landscaped buffer shall consist of a combination of existing and/or newly planted evergreen and deciduous trees of sufficient density to screen the view of the tower and building from the surrounding residential properties to the maximum extent possible.

Any newly planted evergreen trees shall be at least eight feet high at time of planting, and any newly planted deciduous trees shall be a minimum caliper of two inches at time of planting.

Off-street parking shall be permitted as needed and as approved by the Land Use Board.

[Amended 4-11-2012 by Ord. No. 2012-02]

Fences and other safety devices shall be permitted as needed and as approved by the Land Use Board.

[Amended 4-11-2012 by Ord. No. 2012-02]

Restoration provisions. The applicant shall provide a performance bond and/or other assurances satisfactory to the Land Use Board and in a form approved by the Township Attorney that will cause the antennas, the supporting tower, the ancillary building enclosing related electronic equipment and all other related improvements to the land to be removed, at no cost to the Township, when the antennas are no longer operative. Any communication facility not in use for its intended and approved purpose for a period of six months shall be considered no longer operative and shall be removed by the applicant or their assigns within 60 days thereof.

[Amended 4-11-2012 by Ord. No. 2012-02]

Other requirements. All other applicable requirements of this chapter not contrary to the specific conditions and standards specified herein shall be met, but waivers and/or variances of such other applicable requirements of this chapter may be granted by the Land Use Board.

[Amended 4-11-2012 by Ord. No. 2012-02]

Cemeteries. Cemeteries are permitted conditional uses within the R-5 Single-Family Residential District in accordance with the following conditions and standards:

[Amended 4-4-2001 by Ord. No. 2001-03]

Each cemetery shall have a minimum lot size of 10 acres; and

A buffer screening strip not less than 10 feet wide and planted with conifers shall be provided along all lot lines, and the conifers shall be a minimum five feet in height at the time of planting and shall be planted at intervals of 10 feet or less.

Drive-through windows for restaurants.

A drive-through window for a restaurant shall be permitted only if the restaurant is located within the HC Highway Commercial District and is part of or associated with a shopping center with direct driveway access from the shopping center only and with adequate landscaping to screen the drive-through window lane menu board and other drive-through window signs from adjacent properties.

[Amended 10-19-2005 by Ord. No. 2005-16]

The Land Use Board shall be satisfied that the on-site and off-tract traffic circulation is capable of accommodating the proposed traffic volume, particularly during peak hours. The stacking driveway for the drive-through window shall provide room for at least 12 automobiles and shall be separated from any off-street parking areas and their access aisles, loading areas or trash enclosures.

[Amended 4-11-2012 by Ord. No. 2012-02]

A drive-through window for a restaurant, the accompanying driveway, and any associated signage shall be set back a minimum distance of 500 feet from any lands zoned for residential development.

A drive-through window for a restaurant and the associated signage shall be provided landscaping to visually screen the window, signage and driveway from adjacent properties.

Hotels and motels. Hotels and motels are permitted conditional uses within the HC Highway Commercial District in accordance with the following conditions and standards:

Any hotel or motel shall contain at least 20 units of accommodation in addition to a permanent on-site superintendent's living quarters. The minimum number of units in any single building shall be 10.

Each unit of accommodation shall contain a minimum floor are of 250 square feet and ceilings shall be a minimum of eight feet in height.

Each unit of accommodation shall include a minimum of two rooms; a bedroom and a separate bathroom. No unit shall include any cooking facilities, except for the living quarters of the permanent on-site superintendent.

There shall be a residency limitation on all guests of 30 days maximum, except that this limitation shall not apply to the superintendent living on the premises.

The first floor areas of a hotel or motel may be used for the following:

Professional offices of physicians, dentists, attorneys, engineers, architects, planners and other similar professional offices;

Real estate brokers;

Insurance offices;

Branch banks; and/or

Retail/service commercial uses such as a barber shop, beauty salon, drugstore, laundromat, souvenir shop, novelty store, coffee shop and restaurant.

Off-street parking shall be provided at the ratio of 1 1/4 spaces per unit of accommodation.

One sign shall be permitted, either freestanding or attached, not exceeding an area equivalent to 5% of the first floor portion of the front facade or 75 square feet, whichever is less. Freestanding signs shall be set back at least 25 feet from all street and lot lines.

The following area and yard requirements for hotels and motels:

	Principal Building Minimum
	Lot area	2 acres
	Lot frontage	200'
	Lot width	200'
	Lot depth	200'
	Side yard (each)	25'
	Front yard	60'
	Rear yard	50'
	Accessory Building Minimum
	Distance to side line	15'
	Distance to rear line	20'
	Distance to other building	15'
	Maximum
	Floor area ratio	0.25
	Lot coverage	60%

All of the other requirements of the HC District and all other applicable requirements of this chapter must be met.

Housing for seasonal agricultural workers. Housing for seasonal agricultural workers is permitted as a conditional accessory use on farms within the R-5 Single-Family Residential District in accordance with the following conditions and standards:

[Amended 4-4-2001 by Ord. No. 2001-03]

For the purposes of this chapter, and corresponding to the definition of "migrant agricultural worker" under the Migrant and Seasonal Agricultural Worker Protection Act of 1983, a "seasonal agricultural worker" means an individual who is employed in agricultural employment of a seasonal or other temporary nature, and who is required to be absent overnight from his or her permanent place of residence.

The buildings housing seasonal agricultural workers shall be located only on farms at least seven acres in size which meet the requirements of the New Jersey Farmland Assessment Law,[1] and the workers shall be for the farmer's own use only.

Editor's Note: See N.J.S.A. 54:4-23.1 et seq.

The buildings housing seasonal agricultural workers shall be designed for temporary occupancy for the number of workers involved.

The buildings may include dormitory space with common living facilities and should include heating for the working season only; and

The buildings should include furnishings and equipment for temporary, rather than year-round use.

The applicant must indicate to the Board's satisfaction how the number of workers to be housed relates to his/her farming operation and how the proposed living facilities will be utilized.

After the initial occupancy of the building(s) housing the seasonal agricultural workers, the farmer shall report to the Township Zoning Officer each time a seasonal occupancy begins and each time it ends.

Housing for seasonal agricultural workers shall not include housing regularly provided on a commercial basis to the general public, or housing which is provided to any seasonal worker which is of the same character and which is provided on the same or comparable terms as otherwise provided to the general public.

Buildings housing seasonal agricultural workers shall meet all the bulk and setback requirements required for single-family detached dwellings in the R-5 Zoning District.

Paved off-street parking facilities are not required for seasonal agricultural workers, but appropriate driveway and stable earth or gravel for parking facilities shall be provided for the worker's automobiles.

The standards for the housing sites, including water supply; excreta and liquid waste disposal; housing; screening; heating; toilets; bathing; laundry, handwashing, cooking and eating facilities; garbage and other refuse disposal; insect and rodent control; sleeping facilities; and fire, safety and first aid all shall be as specified in Subpart E, Housing for Agricultural Workers, published by the United States Department of Labor, Employment and Training Administration, 20 CFR Part 654, dated March 24, 1980, as may be amended from time to time.

Public utility uses.

For purposes of this chapter subsection, the term "public utility uses" shall include uses serving the needs of the public such as telephone dial equipment centers and electrical power substations, but shall exclude dumps, sanitary landfills and/or transfer stations or recycling depots, as well as the following utilities which are regulated elsewhere in this chapter as follows:

Public utility lines, which are permitted in accordance with § 19-402F of this chapter;

Public utility transformer and junction boxes, which are permitted in accordance with § 19-402G of this chapter;

Cellular antennas, which are permitted as a conditional use in accordance with Subsection 19-601E of this section hereinabove;

Sanitary sewerage systems in accordance with § 19-514 of this chapter; and

Water supply facilities in accordance with § 19-519 of this chapter.

The proposed installation of a public utility use in a specific location must be necessary for the convenient and efficient operation of the subject public utility and for the satisfactory provision of service by the utility to the neighborhood or area in which the particular use is located. The application for conditional use and site plan approval shall include a statement setting forth the need and purpose of the installation.

The design of any building in connection with the public utility installation must not adversely affect the safe and comfortable enjoyment of the properties in the surrounding area.

Adequate fences, screening devices and other safety devices must be provided as may be required. Fences, when used to enclose public utility installations, such as electrical power substations, shall be built in accordance with the applicable requirements of the New Jersey Board of Public Utility Commissioners and the National Electrical Code in effect at the time of the construction.

The maximum building coverage shall be 35% and the maximum lot coverage shall be 50%. Landscaping, including shrubs, trees and lawns, shall be provided and maintained.

Off-street parking shall be provided as determined by the Land Use Board during site plan review.

[Amended 4-11-2012 by Ord. No. 2012-02]

The design standards for public utilities contained within § 19-513 of this chapter shall apply as applicable.

Quasi-public uses.

For purposes of this chapter, the term "quasi-public uses" shall be limited to clubhouses, lodges, meeting halls, educational centers or other such indoor uses for nonprofit fraternal, philanthropic educational or eleemosynary organizations.

A statement setting forth the purpose of the proposed use and the operation of any proposed structures shall be submitted to the Land Use Board. In order to grant approval, the Land Use Board must conclude that the proposed use in the specific location will service the community without any substantially negative impact to the surrounding residential neighborhood.

[Amended 4-11-2012 by Ord. No. 2012-02]

Any site lighting shall be in accordance with the minimum requirements specified for on-site lighting within § 19-508B of this chapter as well as the following:

All lights shall not exceed 14 feet in mounting height, shall be recessed and focused downward and shall be shielded from adjacent residential uses;

No lens shall protrude beyond the casing for the light fixture;

All lights shall be turned off when the site is not in use, except that one security light approved by the Land Use Board may be permitted to remain on all night;

[Amended 4-11-2012 by Ord. No. 2012-02]

Upon construction and prior to the issuance of a certificate of occupancy, the lighting shall be subject to a night light test by the Township Engineer, and any adjustments to the lighting which are necessary in order to conform to the requirements of this chapter and the approved plan shall be made by the landowner as may be required by the Township Engineer.

The area and yard requirements specified within § 19-405D of this chapter for fire and first aid uses in the R-5 District and all other applicable requirements of this chapter not contrary to the specific conditions and standards specified herein shall be met, but waivers and/or variances from the area and yard requirements and from any other applicable requirements of this chapter may be granted by the Land Use Board.

[Amended 4-4-2001 by Ord. No. 2001-03; 4-11-2012 by Ord. No. 2012-02]

Residential apartments in single-family detached dwellings. Residential apartments shall be permitted as a conditional accessory use within single-family detached dwellings in the R-5 District in accordance with the following conditions and standards:

[Amended 4-4-2001 by Ord. No. 2001-03]

Both public sewerage and public water facilities shall be provided.

The minimum required lot size shall be the existing lot of record upon which the detached dwelling unit proposed for the addition of the residential apartment is situated.

No existing detached dwelling unit shall be enlarged or expanded in order to accommodate the proposed residential apartment.

A minimum of two off-street parking spaces per unit shall be provided unless specifically exempted by the Board.

The total lot coverage may be increased to a maximum of 35% if needed to accommodate the additional required off-street parking.

Both the principal dwelling unit and the residential apartment each shall be at least 750 square feet in area and shall be in accordance with the dwelling unit definition in § 19-203 of this chapter.

Satellite dish antennas.

The purposes of these provisions are to promote communication within the Township in a manner which will properly safeguard the public health, safety and welfare, by permitting the use of satellite dish antennas in all zones, said antennas to be installed in an unobtrusive manner so as not to interfere with the intent and purpose of the zone plan.

Applications for the installation of a satellite dish antenna shall be subject to the minor site plan review provisions set forth in § 19-803 of this chapter, except that the following satellite dish antennas are permitted without the necessity of obtaining either conditional use or minor site plan approval:

Any satellite dish antenna ground mounted in the rear yard area of a lot and located in conformity with the rear yard and side yard setbacks required for a permitted accessory structure in the subject zoning district; and/or

Any satellite dish antenna 18 inches or smaller in diameter.

In any case, the installation of a satellite dish antenna may require the issuance of a construction permit in accordance with the provisions set forth in § 19-1002E of this chapter.

Installation or construction of satellite dish antennas shall be subject to the following minimum requirements:

A satellite dish antenna shall function only as a receiving station and not as a transmitting station except that, subject to the other requirements specified herein, an antenna used by an amateur radio operator licensed by the Federal Communications Commission is permitted, provided that the antenna is permitted only at the authorized transmitting location;

A satellite dish antenna may not be placed on any lot which does not contain a permitted principal structure;

No satellite dish antenna may be located in the front yard area. However, if a satellite dish antenna is ground-mounted in a side yard area, the antenna shall be located in conformity with the side yard setback requirements for permitted accessory structures and the front yard setback requirements for a permitted principal structure in the zoning district in which the lot is located;

If a satellite dish antenna is to be roof-mounted, the bottom of the satellite dish antenna shall not extend more than one foot above the roofline where mounted, the antenna shall not be larger than three feet in diameter, and the antenna shall be located toward the rear of the structure away from the street line;

No satellite dish antenna shall exceed 12 feet in diameter and no ground-mounted satellite dish antenna shall extend higher than 15 feet above ground level;

A ground-mounted satellite dish antenna shall be screened from adjacent properties to the extent possible and practical with nondeciduous plantings. To the greatest extent possible, all satellite dish antennas shall blend with the immediate surrounding area, including the color of the roof if roof-mounted;

No lot shall have more than one satellite dish antenna. Wires and cables running between the ground-mounted antenna and any structure shall be properly installed underground in accordance with the Uniform Construction Code. Additionally, the installation of the satellite dish antenna shall meet all local, state and federal requirements, including those contained in the Uniform Construction Code;

Portable mounted satellite dish antennas are prohibited; and

Satellite dish antennas shall be installed or constructed in a manner so as not to interfere with television, radio or similar reception in adjacent and nearby areas and shall meet all state and federal requirements.

These provisions shall not apply to cellular antennas, which are regulated in accordance with Subsection 19-601E of this section hereinabove.

Service stations.

Service stations are permitted in the HC Highway Commercial District only.

The minimum lot size for service stations shall be one acre, the minimum lot width and frontage shall be 200 feet, and the minimum lot depth shall be 150 feet.

The minimum front and rear yard setbacks shall be 25 for any structure, except permitted signs, and the minimum side yard setback shall be 20 feet for any structure. The maximum building coverage shall be 15% and the maximum lot coverage shall be 65%.

All required setback areas shall be landscaped with a mixture of shrubs and trees in addition to lawn area or ground cover, and the plantings shall break up the view of the paved area of the site.

Gasoline pumps and pump islands shall be set back at least 40 feet from any property line. A minimum of 25 feet shall be provided between any two pump islands and between any island and the principal building.

One kiosk or other small building shall be permitted to be located on one of the pump islands for the purpose of sheltering the attendants.

Canopies are permitted, but only over the pump islands and associated aisles. All canopies must be set back at least 35 feet from the street line and shall not exceed 16 feet in height.

All appliances, lifts, pits, storage areas and tires other than gasoline filling pumps or air pumps shall be within a building except as specifically approved by the Board as part of a site plan application.

All lubrication, repair, painting or similar activities shall be performed in a fully enclosed building, and no motor vehicle parts or partially dismantled vehicles shall be displayed or stored outside of an enclosed building.

Electric motors and other spark-emitting devices, when provided, shall be installed in a well-ventilated room where no flammable liquids are stored or handled.

No damaged, wrecked or dismantled vehicle, junk or trailer shall be allowed to remain in the open on the premises, but must be kept completely within a building or behind a fence screening at least six feet in height so as not to be visible from the street fronting the premises or from any adjoining property. In any case, no damaged, wrecked or dismantled vehicle, junk or trailer shall be kept on the premises for a period exceeding seven days and, further, no more than five vehicles awaiting repair and/or service shall be stored overnight on the premises, unless stored behind a fence screening as required hereinabove.

No new service station shall be located within 500 feet of any property upon which a firehouse, school, playground, church, hospital, public building or institution is located.

The exterior display, storage and parking of motor vehicles, trailers, boats or other similar equipment for sale or rent shall not be permitted as part of a service station.

There shall be no outside display or storage of merchandise, supplies, product, equipment or similar material or objects unless specifically approved by the Board as part of a site plan application, unless such accessory goods or supplies for sale are contained within a permanent rack, case, cabinet or enclosure of metal or other fireproof material and located on the pump islands or within the building.

(13)

No gasoline service station shall accumulate or store any used parts or tires, whether for sale, storage or waste, on any portion of the premises, unless enclosed within the principal building. Drainage from crankcases shall be kept in closed metal containers, and an oil interceptor shall be provided, subject to the approval of applicable Township officials. All drainage, waste, grease, oil and the like shall be maintained and disposed of in accordance with the appropriate federal, state, county and local regulations. Where flammable liquids are kept, used or handled, provision for, and the use of, dry sand, chemical extinguishing devices or materials shall be as directed by the Fire Department. A reasonable quantity of containerized and labeled and identified noncombustible adsorbents, such as sand, shall be kept conveniently available for use in case of leakage or overflow.

(14)

All fuel shall be kept in tanks of an approved design in accordance with applicable state and/or federal standards, and the tanks shall be buried so that the tops of the tanks shall be at least three feet below the surface of the ground and shall be at least 35 feet from any property line.

All tanks are to be buried is such locations approved by the Fire Department, and shall not be located within six feet from any building except upon special permission in writing from the Fire Department.

No tank shall be permitted under any shed or building, and all underground tanks shall rest on a bed or cradle of concrete at least six inches thick.

Two or more tanks may be installed and connected by pipes, if such tanks are separated by a wall of concrete not less than two feet in thickness or by a wall of earth not less than four feet in thickness; provided that, in any case, the most current standards set forth by the New Jersey State Department of Environmental Protection shall be met.

(15)

Service stations shall provide off-street parking in accordance with the following provisions:

At least six off-street parking spaces shall be provided for the first lift, wheel alignment pit or similar work area, five additional spaces for a second work area, and an additional three spaces for each additional work area, or one marked parking space shall be provided for every 1,000 square feet of lot area, whichever provides the greater number of parking spaces, provided that no more than 20 parking spaces shall be provided for any service station in any case.

Parking spaces shall be separated from the driveway and general apron areas which give access to the gasoline and air pumps and service areas, and no designated parking space shall obstruct access to such facilities.

No parking shall be permitted on an unpaved area. No driveway shall be permitted within 15 feet of any property line nor 35 feet of any other driveway or street intersection.

(16)

Any building or buildings to be erected for use as a service station, or in connection therewith, shall be of masonry construction with a fire-resistive roof.

(17)

Service stations shall provide one public rest room facility for male use and one public rest room facility for female use.

(18)

Service stations may be permitted one freestanding sign and one sign attached either flat against the building or on two sides of the canopy.

The freestanding sign shall not exceed an area of 50 square feet and a height of 15 feet, and shall be set back at least 10 feet from all street rights-of-way and lot lines.

The attached sign shall not exceed 30 square feet in area for the building sign, or 15 square feet in area on each side of the canopy.

(19)

Informational signs displayed on the building wall over the individual entrance doors or bays consisting only of the words "washing," "lubrication," "repair," "mechanic on duty," "service" or other words closely similar in import shall be permitted, provided that there shall be no more than one sign over each entrance or bay which shall not exceed 12 inches in height. Additional signage shall be permitted on the pumps only, consisting of the brand name and/or insignia of the gasoline sold, lead warning sign, a price indicator and any other sign required by law.

(20)

Any part of the site subject to access by motor vehicles shall be hard-surfaced, with concrete or bituminous concrete or asphalt, and shall be graded and drained to adequately dispose of all surface water accumulated. Provision shall be made to prevent gasoline spills or spills from other hazardous substances from flowing into the interior of station buildings or upon the highway or into streams by grading driveways, raising door sills and/or other equally effective methods.

(21)

In addition to the general site plan requirements, scaled maps accompanying the application for any service station shall clearly delineate the following:

The actual floor space and/or ground area to be devoted to, or used for, the storage of motor vehicles;

The location of any church, hospital, theater, library, public playground, athletic field, public or parochial school, firehouse, municipal building, existing service station, public building and/or any other building in which the public gathers within 1,000 feet of the proposed service station; and

The number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below ground, the number and location of pumps to be installed, and the type and location of all principal and accessory structures to be constructed.

(22)

All of the area, yard and general requirements of the respective zoning district within which the proposed service station is to be located and all other applicable requirements of this chapter not contrary to the specific conditions and standards specified herein shall be met, but waivers and/or variances from such zoning district and other applicable requirements of this chapter may be granted by the Land Use Board.

[Amended 4-11-2012 by Ord. No. 2012-02]

[2]Bed-and-breakfasts. Bed-and-breakfasts shall be permitted uses within the PRO Professional and Research Office District, and the CC Community Commercial District, in accordance with the following conditions and standards:

[Added 10-19-2005 by Ord. No. 2005-16]

The owner of the facility shall live on the premises. If more than one structure exists on the premises, the owner may occupy one and rent another.

The maximum length of any stay on site shall be 10 days.

The maximum number of units for rent in any bed-and-breakfast shall not exceed five.

The number of parking spaces provided shall be two for the owner-occupants and one for each guest room.

Meals may be served on the premises.

The facility shall comply with all applicable health and fire codes.

Establishment of a bed-and-breakfast shall be by way of minor site plan.

Editor's Note: Former § 19-601, Subsection O, Golf courses with banquet facilities, amended 12-30-1998 by Ord. No. 98-18, was repealed 4-4-2001 by Ord. No. 2001-03.

Research laboratories. Research laboratories are permitted conditional uses within the PRO Professional and Research Office District and the GCI Commercial and Industrial District in accordance with the following conditions and standards:

[Added 10-19-2005 by Ord. No. 2005-16]

Research laboratories shall, where appropriate, have special ventilation equipment as part of the facility so as to eliminate any emissions of hazardous or toxic gases, fumes, and the like into the atmosphere.

The storage vault of any and all hazardous or toxic materials shall be in accordance with all applicable state and federal requirements and shall be stored within the facility.

No hazardous or toxic materials shall be disposed of into the ground or groundwater.

Disposal of any and all hazardous and/or toxic materials shall be in accordance with all local, state, and federal rules and regulations.

Limited manufacturing. Limited manufacturing is a permitted conditional use within the PRO Professional and Research Office District and the GCI Commercial and Industrial District in accordance with the following conditions and standards:

[Added 10-19-2005 by Ord. No. 2005-16]

Limited manufacturing shall, where appropriate, have special ventilation equipment as part of the facility so as to eliminate any emissions of hazardous or toxic gases, fumes, and the like into the atmosphere.

The storage vault of any and all hazardous or toxic materials shall be in accordance with all applicable state and federal requirements and shall be stored within the facility.

No hazardous or toxic materials shall be disposed of into the ground or groundwater.

Disposal of any and all hazardous and/or toxic materials shall be in accordance with all local, state, and federal rules and regulations.

No self-storage facilities shall be authorized on site.

Assembly and distribution centers. Assembly and distribution centers are permitted conditional uses within the PRO Professional and Research Office District and the GCI General Commercial and Industrial District in accordance with the following conditions and standards:

[Added 10-19-2005 by Ord. No. 2005-16]

Assembly and distribution centers shall, where appropriate, have special ventilation equipment as part of the facility so as to eliminate any emissions of hazardous or toxic gases, fumes, and the like into the atmosphere.

The storage vault of any and all hazardous or toxic materials shall be in accordance with all applicable state and federal requirements and shall be stored within the facility. No hazardous or toxic materials shall be disposed of into the ground or groundwater.

Disposal of any and all hazardous and/or toxic materials shall be in accordance with all local, state, and federal rules and regulations.

§ 19-602 Home occupations.

Purpose and findings.

Home occupations, including family day-care homes as defined in § 19-203 of this chapter, shall be permitted accessory uses to detached dwellings as indicated in Article 19-400 of this chapter.

The following provisions are intended to permit the limited use of residential properties in Blairstown Township as the location for recognized professional offices or service businesses which are clearly subordinate and ancillary to the principal residential use of the property in accordance with the requirements specified herein.

The permitted recognized professions include the offices of ministers, architects, professional engineers, land surveyors, landscape architects, professional planners, lawyers, accountants, medical doctors and dentists and other such professionals with an advanced degree(s) and/or professional license(s).

The permitted recognized service businesses include seamstresses, needle workers and tailors and other such service businesses.

The requirements and other provisions contained in this section are specifically intended to limit the extent of such home occupations and the potential associated nuisances such as traffic, noise, fumes, dust, glare and odors in order to ensure that the residential character of the residential neighborhood within which the subject property is located is preserved, and that no adverse impact to adjacent and/or nearby residential properties occurs.

Requirements.

An owner(s) of the home occupation shall be the owner and resident(s) of the subject property and the dwelling situated thereon.

Not more than one nonresident employee shall be permitted.

Clients, patrons or customers shall be permitted on the property in regards to the home occupation, provided that:

Such visitation shall occur during daylight hours only;

Such visitation shall not create the need to park more than two vehicles at any time in addition to those ordinarily used by the residents of the dwelling unit;

Such visitation shall not create the need to park anything other than passenger vehicles, and such passenger vehicles shall be parked off-street on the subject property in parking spaces provided; and

None of the above shall be interpreted to prohibit any person from coming onto the property who might otherwise come to the property on similar occasions and for similar reasons in association with the residential dwelling unit.

The home occupation may utilize a portion of the principal dwelling unit and/or one or more secondary buildings or structures which are accessory to the principal dwelling unit in accordance with the following, provided that the use of the property for the home occupation shall be clearly subordinate and ancillary to its use for residential purposes by its occupants:

Not more than 25% of the net habitable floor area of the principal dwelling unit or 1,000 square feet, whichever is less, may be utilized for the home occupation within the dwelling; or

Not more than 1,000 square feet may be utilized for the home occupation within an accessory building.

All area, yard, coverage and other applicable requirements specified for single-family dwellings and their accessory buildings and structures in the applicable zoning district shall apply.

Any parking area associated with the home occupation, including the parking area for any clients, patrons or customers, shall be appropriately screened from the view of adjacent residential properties and the traveling public along any abutting street. Additionally, any accessory building or structure utilized for the home occupation also may be required to be similarly screened, dependent upon the location and appearance of the particular accessory building or structure.

The residential character of the lot and building(s) shall not be changed, no sounds related to the home occupation shall be audible outside the building, and no equipment shall be used which will cause interference with radio or television reception in neighboring residences. This provision shall include a prohibition on the transference of equipment, supplies, or similar materials on a routine basis between a storage building or area and vehicles, resulting in exterior evidence, either visual and/or audible, of the home occupation.

No merchandise, products, waste, equipment or similar material or objects shall be displayed, stored or otherwise located outdoors, except that the presence of children or customary residential recreational facilities shall be permitted in conjunction with a family day-care home or child care residence in accordance with the applicable requirements of this chapter.

The following additional requirements shall be met by all home occupations:

The residential character of the lot and building(s) shall be maintained at all times and all structures shall be maintained in good repair.

A home occupation shall operate only between the hours of 7 a.m. and 7 p.m. and, in any case, visitation by clients, patrons or customers shall be in accordance with the provisions specified in Subsection 19-602B(3) of this section, hereinabove.

There shall be no other exterior evidence of the home occupation except as permitted herein. No sign other than an unlighted nameplate identifying the home occupation no more than 10 inches by 20 inches in size shall be permitted.

No exterior lighting shall be permitted specific to the home occupation.

§ 19-603 Planned developments.

Types and locations.

[Amended 4-4-2001 by Ord. No. 2001-03]

Single-family conservation clusters are permitted within the R-5 District.

Senior citizen housing developments are permitted within the portion of the R-5 District specifically indicated on the Zoning Map.

Single-family conservation clusters.

Purpose. The basic purpose of permitting the development of single-family conservation clusters is to provide a method of developing land which preserves desirable and appropriate open spaces, treed areas, steep slopes, floodplains, wetlands and scenic vistas by permitting the reduction of lot sizes without increasing the number of residential lots otherwise permitted and feasible to be developed.

Location and size. Single-family conservation clusters are permitted on tracts of land at least 100 acres in size within the R-5 District.

[Amended 4-4-2001 by Ord. No. 2001-03]

Maximum number of dwelling units permitted.

The maximum number of dwelling units permitted in a single-family conservation cluster is the number of dwelling units which could be constructed on the tract if the tract were being developed as a conventional development in conformance with the zoning regulations set forth for the R-5 Zoning District in § 19-405 of this chapter and in conformance with all other related provisions of this chapter, with no variances or waivers required.

[Amended 4-4-2001 by Ord. No. 2001-03]

The applicant shall submit a schematic test subdivision for a conventional development for purposes of demonstrating the number of lots which could be produced under a conventional development, unless the Land Use Board determines that a more detailed submission is required.

[Amended 4-11-2012 by Ord. No. 2012-02]

The Land Use Board shall evaluate the submitted test subdivision for the conventional development and shall reach a consensus regarding the total number of residential lots that could be developed on the subject tract without utilizing the optional cluster ordinance provisions. In its evaluation of the submitted test subdivision for the conventional development, the Land Use Board shall not count lots which reasonably can be concluded to be practically unusable for residential construction because of environmental constraints and, additionally, the Land Use Board shall not count lots which would require a variance or a waiver from the ordinance provisions governing conventional development.

[Amended 4-11-2012 by Ord. No. 2012-02]

Design criteria and concept plan. Once the maximum number of lots to be permitted within a single-family conservation cluster has been established, the applicant shall submit a concept plan of the proposed development in accordance with the following design criteria for review and informal approval by Land Use Board.

[Amended 4-11-2012 by Ord. No. 2012-02]

The design of a single-family conservation cluster shall first identify the portions of the tract to be preserved, including open spaces, treed areas, steep slopes, floodplains, wetlands and scenic vistas.

The residential lots within a single-family conservation cluster shall be located secondarily and in consideration of the portions of the tract to be preserved.

As a general rule and to the extent possible, residential lots shall be located within those portions of the tract not obviously visible from existing roads.

In any case, no ribbon residential pattern of successive lots along an existing road's frontage shall be permitted.

Principal permitted uses on the land and in buildings.

Detached single-family dwelling units.

Conservation areas, open spaces, common property, playgrounds, parks and public purpose uses.

Accessory uses permitted.

Private residential swimming pools, bathhouses, cabanas and/or other structures customarily incidental to a private swimming pool on a property with a single-family dwelling, provided that the pool is located in the rear yard and/or side yard only and occupies no more than 75% of the rear yard area or the side yard area.

Private tennis courts and other usual recreational facilities and landscaping features, such as trellises and gazebos, customarily associated with residential dwelling units.

One residential tool shed for the storage of objects owned by the residents of the single-family dwelling situated on the property, not exceeding 400 square feet in area and 15 feet in height.

Off-street parking and garages. [See Subsection 19-603B(10) hereinbelow for zoning requirements and § 19-511 for design requirements.]

Fences and walls. (See § 19-505 for design requirements.)

Home offices. (See § 19-203 for definitions and standards).

Residential agriculture. (See § 19-203 for definition).

Home occupations, including family day-care homes and child care residences. (See § 19-203 for definition and § 19-602 for requirements.)

Signs. (See Subsection 19-603B(11) hereinbelow for zoning requirements and § 19-516 for design requirements.)

Satellite dish antennas as conditional uses under N.J.S.A. 40:55D-67. (See § 19-601 for conditions and standards.)

Temporary construction trailers and one sign not exceeding 32 square feet, advertising the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction beginning with the issuance of a construction permit and concluding one month after the issuance of a certificate of occupancy, provided said trailer(s) and sign are on the site where the construction is taking place, are not on any existing or proposed street or easement, and are set back at least 30 feet from all street and lot lines. There shall be at least one working telephone in the trailer.

General requirements for single-family conservation clusters. Without limitation to other ordinance requirements, to other requirements of law or to any conditions imposed by the Land Use Board as part of subdivision approval, the following requirements shall apply to all single-family conservation cluster developments:

[Amended 4-11-2012 by Ord. No. 2012-02]

Single-family conservation cluster developments shall be conceived, designed and approved as a single entity.

Each lot in the single-family conservation cluster shall be served by individual septic systems in accordance with § 19-515 of this chapter and by water supply facilities in accordance with § 19-519 of this chapter.

Diversity of architectural design for the single-family detached dwellings within a single-family conservation cluster shall meet the requirements specified within § 19-501B of this chapter.

Preliminary major subdivision approval can only be granted by the Land Use Board to the entirety of the single-family conservation cluster development; however, final major subdivision approval may be granted by the Land Use Board on a stage by stage basis.

When a conservation cluster is intended to be developed in a number of development stages, the applicant shall submit a staging plan for review and approval by the Land Use Board.

The staging plan shall identify the land area of the conservation cluster to be developed in each stage and the sequence of the stages to be developed;

The eventual development of each stage must be specifically related to all components of the development including, but not limited to, open space areas, recreational facilities, road improvements and landscaping in order to ensure that:

The staging plan is workable;

A reasonable balance of the different components of the proposed development are maintained in each stage; and

[c]

The interests of the general public and of the future residents of the subject development stage will be protected prior to the completion of the single-family conservation cluster development in its entirety.

No final subdivision plat for any stage of the development shall be recorded unless:

The Township Engineer has certified to the Land Use Board that all public improvements required by the preliminary subdivision approval have been satisfactorily completed; or

The developer has entered into a developer's agreement with the Township Committee, in a form satisfactory to the Township Attorney, requiring the installation and maintenance of the public improvements by the developer, and by any successors in interest, and such developer's agreement shall impose such limitations upon the development of the subdivision as are necessary to ensure the orderly construction of the public improvements on or before an agreed date, including the filing of a performance guarantee in accordance with § 19-902 of this chapter. The terms of the developer's agreement shall be negotiated by the Land Use Board during subdivision review and recommended to the Township Committee as a condition of subdivision approval.

No certificate of occupancy shall be issued for any dwelling within the subdivision until the driveway apron, sidewalk and landscaping for that particular dwelling have been installed by the developer and approved by the Township Engineer.

All other applicable provisions of this chapter shall apply.

Maximum building height.

No principal building shall exceed 30 feet in height and 2.5 stories; and

No accessory building shall exceed 25 feet in height and two stories, unless a lesser height is specifically specified by the chapter.

Area and yard requirements for individual residential lots in a single-family conservation cluster development.

[Amended 4-4-2001 by Ord. No. 2001-03]

	Principal Building Minimum
	Lot area	1 1/2 acre^{[1] [2]}
	Lot frontage	175'
	Lot width	175'
	Lot depth	250'
	Side yard (each)	40'
	Front yard	50'
	Rear yard	60'

	Accessory Building Minimum
	Distance to side line	20'
	Distance to rear line	20'
	Distance to other building	20'
	Maximum
	Building coverage of principal building	7%
	Building coverage of accessory building(s) ^[3]	3%
	Total lot coverage	15%

	FOOTNOTES TO§ 19-603B(9):
	^[1]Where a detention or retention basin is part of a residential lot, the area devoted to such stormwater management purposes shall not be included in the calculation of the minimum lot area required for the residential lot.
	^[2]An area equivalent to at least one acre shall be contiguous noncritical areas acreage (see § 19-203 of this chapter for the definition of "critical areas"), which shall not include within it any surface stormwater management facility, and which must be appropriately situated for the location and construction of the detached single-family dwelling and its appurtenances, including the septic system and potable water well serving the lot; otherwise the minimum required lot area shall be five acres.
	^[3]In any case, the aggregate coverage of all accessory buildings on a lot shall not exceed 30% of the coverage of the principal building on the lot.

Minimum off-street parking.

Detached single-family dwelling units shall provide 1 1/2 spaces per two-bedroom unit; two spaces per three-bedroom unit; 2 1/25 spaces per four-bedroom unit; and three spaces per five-or-more-bedroom unit. Where the bedroom count per unit is not specified, 2 1/2 spaces per dwelling unit shall be provided.

No parking area or driveway shall be located within 10 feet of any property line.

See § 19-511 for design requirements.

Signs.

Detached dwelling units are permitted information, direction and nameplate signs in accordance with § 19-516G of this chapter.

See § 19-516 for design requirements.

Landscaping. Landscaping shall be provided in accordance with the applicable provisions of § 19-507 of this chapter.

(13)

Open space requirements.

Land equal to a minimum of 70% of the tract of land proposed for a single-family conservation cluster development shall be specifically set aside as open space for conservation, recreation and/or other approved purposes. Land utilized for street rights-of-way and detention or retention basins shall not be included as part of the above 70%.

[Amended 4-4-2001 by Ord. No. 2001-03]

If the maximum number of allowable lots established for the tract cannot be accommodated without the preservation of the required open space acreage, then either a lesser number of lots shall be proposed by the developer in order to provide the required open space acreage or the tract shall not be approved for the single-family conservation cluster option and, instead, may be developed as a conventional development in accordance with the underlying zoning district provisions.

Any land proposed as open space shall be left in its current condition and/or improved to best suit the purpose(s) for which the particular open space is intended.

Should the proposed development consist of a number of development stages, the Land Use Board may require that open space acreage by provided proportionate in size to the development stage being considered for final approval, even though some or all of the open space acreage is located in a different development stage of the overall development.

[Amended 4-11-2012 by Ord. No. 2012-02]

Open space may be offered by deed to the Township or dedicated as common open space to a homeowners' association.

If the applicant proposes that the open space shall be dedicated to the Township, then the Land Use Board shall forward such request with its recommendation to the Township Committee prior to the granting of preliminary approval of any development application containing the subject open space.

[Amended 4-11-2012 by Ord. No. 2012-02]

All open space not offered to and/or not accepted by the Township shall be owned and maintained by a homeowners' association as provided in N.J.S.A. 40:55D-43 and Subsection 19-603D of this chapter hereinbelow. Such organization shall not be dissolved nor shall it dispose of any common open space by sale or otherwise.

Senior citizen housing developments.

Purpose. The basic purpose of permitting the development of a senior citizen housing development is to provide an appropriate location for the limited and controlled development of housing oriented to the needs of the senior citizens within the Township of Blairstown. The subject land area is located along Vail Road near the VN Village Neighborhood Zoning District, is bordered and buffered by the Paulins Kill to the north, and is bordered on the south by the state pathway which permits pedestrian access to the VN District area. As indicated on the Zoning Map, the development of senior citizen housing is proposed to be an option for the land, and the underlying R-5 zoning remains.

[Amended 4-4-2001 by Ord. No. 2001-03]

Location and size. Senior citizen housing developments are permitted on tracts of land at least 25 acres in size only where specifically indicated on the Zoning Map.

Maximum number of dwelling units permitted. The maximum number of permitted senior citizen dwelling units shall be computed on the basis of four dwelling units per gross acre of the noncritical area acreage within the tract (i.e., lands which are not freshwater wetlands, one-hundred-year floodplains or with a topographic slope 15% or greater), plus an additional 1/5 dwelling unit per gross acre of the critical area acreage within the tract to be transferred from the critical area acreage to the noncritical area acreage within the tract.

Principal permitted uses on the land and in buildings.

Detached single-family dwelling units.

Conservation areas, open spaces, common property, playgrounds, parks and public purpose uses.

Accessory uses permitted.

One residential tool shed for the storage of objects owned by the residents of the single-family dwelling situated on the property, not exceeding 200 square feet in area and 15 feet in height.

Off-street parking and garages. [See Subsection 19-603C(9) hereinbelow for zoning requirements and § 19-511 for design requirements.]

Fences and walls. (See § 19-505 for design requirements.)

Home offices. (See § 19-203 for definitions and standards).

Signs. [See Subsection 19-603C(10) hereinbelow for zoning requirements and § 19-516 for design requirements.]

Satellite dish antennas as conditional uses under N.J.S.A. 40:55D-67. (See § 19-601 for conditions and standards.)

General requirements for senior citizen housing developments. Without limitation to other chapter requirements, to other requirements of law or to any conditions imposed by the Land Use Board as part of subdivision approval, the following requirements shall apply to all senior citizen housing developments:

[Amended 4-11-2012 by Ord. No. 2012-02]

All senior citizen units shall be deed restricted for occupancy by households with at least one person 55 years of age or older and with no person less than 19 years of age, provided that visitors less than 19 years of age are permitted for no more than eight weeks during any twelve-month time period, and the wording of such deed restriction shall be submitted to the Land Use Board for review and approval as part of the application for final subdivision approval.

Garages shall be attached to the principal building and shall be considered part of the detached dwelling unit for floor area ratio calculations; no detached accessory garages shall be permitted.

The gross floor area situated above the first floor of a detached dwelling unit shall not equate to more than 42.5% of the gross floor area situated on the first floor of the dwelling unit.

Architectural elevations of all proposed age-restricted dwelling units shall be submitted to the Land Use Board for review and approval as part of the final subdivision submission and the information provided shall include the proposed surface materials of the buildings.

A buffer area at least 100 feet in depth shall be installed around the perimeter of the tract and the buffer area shall include berming, evergreen trees and other plantings. The buffer shall be designed, planted, graded, landscaped and developed with the general guideline that the closer a proposed lot or proposed improvement or activity within a senior citizen housing development is to a street line or tract boundary, the more substantial and effective the buffer area must be in obscuring light and vision and reducing noise beyond the tract.

Senior citizen housing developments shall be conceived, designed and approved as a single entity.

Each lot in the senior citizen housing development shall be served by a sanitary sewerage system in accordance with § 19-514 of this chapter and by water supply facilities in accordance with § 19-519 of this chapter.

Diversity of architectural design for the single-family detached dwellings within a senior citizen housing development shall meet the requirements specified within § 19-501B of this chapter.

Preliminary and final major subdivision approval can only be granted by the Land Use Board to the entirety of the senior citizen housing development.

All other applicable provisions of this chapter shall apply.

Maximum building height.

No principal building shall exceed 30 feet in height and 2.5 stories;

The building height of the garage portion of the senior citizen dwelling unit shall not exceed 22 feet, and no habitable area shall be situated above the garage; and

No accessory building shall exceed 15 feet in height.

Area and yard requirements for individual residential lots in a senior citizen housing development.

[Amended 4-11-2012 by Ord. No. 2012-02]

	Principal Building Minimum
	Lot area	6,000 sq.ft.^[1]
	Lot frontage	60'
	Lot width	60'
	Lot depth	85'
	Side yard (each)	5' one; 10' other^[2][3][4]
	Front yard	20'
	Rear yard	20'^[2][3]
	Accessory Building and Structure Minimum
	Distance to side line	5'
	Distance to rear line	10'
	Distance to other bldg.	5'
	Maximum Lot Coverage
	Detached dwelling	35%
	Floor area ratio	0.50
	Total impervious surfaces	50%

FOOTNOTES TO § 19-603C(8)
^[1]An area equivalent to at least 6,000 square feet shall be contiguous noncritical areas acreage (see § 19-203 of this chapter for the definition of critical areas), which shall not include within it any surface stormwater management facility.
^[2]Design elements as described hereinbelow may extend not more than three feet into the minimum required yard area, provided that the extensions will only be permitted when privacy walls, landscaped screening and/or fencing is incorporated as part of the overall design of the dwelling unit or where the subject yard abuts a major open space area at least 100 feet wide along the entire length of the subject lot line.
	[a]	First floor design elements: chimneys, window elements, eaves, entranceway elements and similar architectural and foundation projections as approved by the Land Use Board, provided that the total length of such extensions is no more than 45% of the linear distance of the subject foundation wall.
	[b]	Second floor design elements: chimneys, eaves, bays, cantilevers and windows.
^[3]Decks may be permitted, subject to the specific approval by the Land Use Board of specific submitted designs, provided that such decks are located in side and/or rear yard areas only, are set back at least five feet from all property lines and do not occupy more than 25% of any side or rear yard area within which the deck is located.
	[a]	Decks located off the first floor of a dwelling unit shall be no more than two feet higher than the mean elevation along the building foundation measured to the top of the deck platform.
	[b]	Decks located off the second floor may only be permitted where the subject yard abuts a major open space area at least 100 feet wide along the entire length of the subject lot line.
	[c]	Decks, and the landscaping in the vicinity of the deck, shall be designed, installed and maintained to permit reasonable pedestrian access to the rear yard.
^[4]In any case, detached single-family dwellings on adjacent lots shall be separated by a distance of at least 15 feet, such distance measured between foundation walls, but excluding any design element or deck extension permitted in accordance with Footnotes [2] and [3] hereinabove. It is the specific intent of this requirement that no two detached dwellings be constructed along a common lot line.

Minimum off-street parking.

Detached single-family dwelling units shall provide 1.5 spaces per two-bedroom unit; two spaces per three-bedroom unit; 2.5 spaces per four-bedroom unit; and three spaces per five-or-more-bedroom unit. Where the bedroom count per unit is not specified, 2.5 spaces per dwelling unit shall be provided.

No parking area or driveway shall be located within six feet of any property line.

See § 19-511 for design requirements.

Signs.

Detached dwelling units are permitted information, direction and nameplate signs in accordance with § 19-516G of this chapter.

See § 19-516 for design requirements.

Landscaping. Landscaping shall be provided in accordance with the applicable provisions of § 19-507 of this chapter.

Open space requirements.

Land equal to a minimum of 30% of the tract of land proposed for a senior citizen housing development shall be specifically set aside for conservation, recreation and/or other open space. Land utilized for street rights-of-way, sewage treatment facilities, and detention or retention basins shall not be included as part of the above 30%, and no more than 0.5 of the minimum 30% land area may be wetlands, wetlands buffer, one-hundred-year floodplains or lands with a topographic slope 15% or greater.

Each senior citizen housing development shall be provided sufficient active and passive recreational facilities for the intended residents of the development as approved by the Land Use Board.

[Amended 4-11-2012 by Ord. No. 2012-02]

Any land proposed as open space shall be left in its current condition and/or improved to best suit the purpose(s) for which the particular open space is intended.

Open space may be offered by deed to the Township or dedicated as common open space to a homeowners' association.

[Amended 4-11-2012 by Ord. No. 2012-02]

Homeowners' association. A homeowners' association shall be established for the purposes of owning and assuming maintenance responsibilities for the common open space and common property designated within a planned development. The organization shall incorporate the following provisions:

Membership shall be limited to and mandatory for all residential lot owners. Required membership and the responsibilities upon the members shall be in writing between the organization and each member in the form of a covenant, with each agreeing to liability for his/her pro rata share of the organization's costs.

The organization shall be responsible for liability insurance, taxes, maintenance and other obligations assumed by the organization and shall hold the municipality harmless from any liability.

The organization shall not be dissolved and shall not dispose of any open space property by sale or otherwise, except to an organization conceived and established to own and maintain the open space or property for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space or property without first offering to dedicate the same to the Township of Blairstown.

The assessment levied by the organization upon each member may become a lien on each member's property. The organization shall be allowed to adjust the assessment to meet changing needs. The initial assessment estimated by the developer to be quoted to prospective home buyers shall be subject to review and approval by the Land Use Board.

[Amended 4-11-2012 by Ord. No. 2012-02]

The organization shall clearly describe in its bylaws all the rights and obligations of each owner, including a copy of the covenant, model deeds and articles of incorporation of the organization and the fact that every property owner shall have the right to use all the common property; these shall be set forth as a condition of preliminary subdivision approval and shall be submitted to the Land Use Board Attorney, the Land Use Board Engineer, the Township Engineer, the Township Planner and the Township Attorney for review and comment and to the Township Committee for review, comment and approval prior to the granting of final approval by the Land Use Board.

[Amended 4-11-2012 by Ord. No. 2012-02]

The articles of incorporation, covenants, bylaws, master deeds and other legal instruments shall ensure that control of the organization shall be transferred to the members based on a percentage of the dwelling units sold and/or occupied.

Should the association fail to maintain the common open space or common property in reasonable order and condition, the Zoning Officer may serve written notice upon such organization and shall follow the procedures set forth in N.J.S.A. 40:55D-43b; and if it becomes necessary for the Township to provide maintenance and/or take other action, the imposition of a lien and tax as set forth in N.J.S.A. 40:55D-43 shall be followed.

§ 19-604 Floodplain areas.

Basis of floodplain areas.

The basis for the delineation of one-hundred-year floodplain areas within Blairstown Township was the Flood Insurance Rate Maps prepared by the Federal Emergency Management Agency and dated December 11, 1919. The mapping of the one-hundred-year floodplain areas is indicated on the map entitled "Critical Areas Map," which is part of this chapter, although it is recognized that more floodplain areas exist in the Township than those mapped. Any mapping of the flood hazard areas by the New Jersey Department of Environmental Protection shall take precedence.

Additionally, while information depicted on the map has been prepared as accurately as possible, nevertheless, it must be understood that detailed information mapped at such a large scale may not represent the actual conditions on any particular parcel of land. Therefore, the information is not intended to take the place of specific on-site engineering data presented to and subjected to independent verification by the Township at the time applications are submitted for approval of a subdivision, site plan, construction permit, and/or any other application which considers floodplain information.

Purpose of regulations for floodplain and stream corridor areas. The purpose of these regulations is:

To protect floodplains and stream corridors so that floodwater may have a natural course to follow and so that the watercourse is not constricted or altered in a manner that will increase water velocities or create a dam.

To allow water levels to rise without danger to persons, animals or property and cover larger land surfaces for the purposes of greater water percolation and recharge of the underground water supply.

To promote the development of a park-like network throughout the Township of Blairstown along stream corridors.

To permit only that development of flood-prone areas and stream corridors within Blairstown Township which:

Is appropriate in light of the probability of flood damage and the need to reduce flood losses;

Represents an acceptable social and economic use of the land in relation to the hazards involved;

Does not increase the danger to human, plant or animal life; and

Provides that no decrease in the amount of available storage for floodwaters within the floodplain results from any development.

To prohibit any other types of development including, without limitation, the dumping of solid or hazardous waste, the construction of subsurface sewage disposal systems, the storage of any petroleum products, the addition or removal of fill and the altering of watercourses, temporary roadways and grading, and to retain areas adjacent to streams free from structures and other obstructions.

To protect property from the adverse effects of flooding, erosion, loss of vegetation, seepage, and downstream deposits of silt, gravel and stone, and to prevent burdensome costs to the public arising from such damage and its repair.

To protect other municipalities within the same watersheds from improper stream corridor development and the increased potential for flooding or for reduced stream flows in dry weather.

To prevent disturbance to the ecological balance between wildlife, plant and marine life, which are dependent upon watercourses and their protective floodplains and slopes.

Applicability and interpretation.

This section of the chapter regulates development in the following two ways:

By protecting stream corridors, as defined in Subsection 19-604D hereinbelow, from the type and intensity of development which would be destructive to their special environmental importance and harmful to the health and general welfare and to properties downstream; and

By mitigating flood hazards within flood hazard areas pursuant to the requirements of the National Flood Insurance Program. These regulations are, in part, intended to satisfy federal requirements in order to make flood insurance available within Blairstown Township.

AREA OF SPECIAL FLOOD HAZARD

Except in limited cases, the stream corridor requirements of § 19-604 do not permit structures within the stream corridor as defined in Subsection 19-604D hereinbelow which, by that definition, includes flood hazard areas. The flood hazard mitigation requirements in Subsection 19-604F apply only in those limited cases where structures or substantial improvements to structures are permitted.

Definitions.

APPEAL

A request for the review of the Township Construction Official's interpretation of any provision of this section or a request for a variance from the Land Use Board.

[Amended 4-11-2012 by Ord. No. 2012-02]

AREA OF SHALLOW FLOODING

A designated AO or VO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident.

Land in the floodplain within the Township subject to a one-percent or greater chance of flooding in any given year.

BASE FLOOD

The flood having a one-percent chance of being equaled or exceeded in any given year.

BASEMENT

The area of any building having its floor subgrade (below ground level) on all sides.

BREAKAWAY WALL

A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.

CHANNEL

The bed and banks of the watercourses located within the boundaries of the Township of Blairstown which convey the normal flow of said watercourses most of the time.

DELINEATED STREAM

A stream that has a delineated floodway officially adopted by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:13.

DESIGN FLOOD PROFILE

The elevations of the water surface of the floodway design flood and the flood hazard area design flood.

DEVELOPMENT

Any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, or storage of equipment or materials filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

ELEVATED BUILDING

A nonbasement building built to have the top of the elevated floor elevated above the ground level by means of piling, columns (posts and piers) or shear walls parallel to the flow of the water and adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. "Elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters.

FLOOD ELEVATION DETERMINATION

The determination of the water surface elevations of the design flood, i.e., the flood level that has a one-percent or greater chance of occurrence in any given year.

FLOOD FRINGE AREA

The portion of the flood hazard area not designated as the floodway.

FLOOD HAZARD AREA

The floodway and the flood fringe area of a delineated stream.

FLOOD HAZARD AREA DESIGN FLOOD

The one-hundred-year storm in nondelineated areas and the one-hundred-year storm plus 25% in delineated areas.

FLOOD INSURANCE RATE MAP (FIRM)

The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY

The official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Boundary – Floodway Map and the water surface elevation of the base flood.

FLOOD or FLOODING

A general and temporary condition of partial or complete inundation of normally dry areas from:

Inland or tidal waters; and

FLOODPLAIN MANAGEMENT REGULATIONS

The unusual and rapid accumulation of runoff of surface water from any source.

FLOODPLAIN

The relatively flat area adjoining the channel of a natural stream which has been or may be hereafter covered by floodwater.

State or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

FLOODPROOFING

Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

FLOODWAY

The channel of a natural stream and portions of the flood hazard area adjoining the channel which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream without accumulatively increasing the water surface elevation any more than 0.2 foot.

FREEBOARD

A factor of safety usually expressed in feet above the base flood elevation. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the base flood elevation.

HISTORIC STRUCTURE

Any structure that is:

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district preliminarily determined by the Secretary to qualify as a registered historic district;

Individually listed on a state inventory of historic places approved by the Secretary of the Interior; or

Individually listed on a local inventory of historic places:

Approved by a state program as authorized by the Secretary of the Interior; or

MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISIONS

Directly approved by the Secretary of the Interior.

LOWEST FLOOR

The lowest floor of the lowest enclosed area, including a basement. An unfinished or flood-resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other applicable nonelevation design requirements.

MANUFACTURED HOME

A structure, transportable in one or more sections which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For the purposes of floodplain management, the term "manufactured home" includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers or other similar recreation vehicles.

A parcel (or contiguous parcels) of land divided into two or more manufactured homes lots for rent or sale.

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective date of this chapter.

RECREATION VEHICLE

A vehicle which is built on a single chassis; 400 square feet or less when measured at the largest horizontal projections; designed to be self-propelled or permanently towable by a light-duty truck; and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

START OF CONSTRUCTION

Includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement commenced within 180 days of the permit date.

The actual start means either the first placement of permanent construction of a structure on a site such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation.

Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STREAM

A watercourse having a drainage area of over 50 acres.

STREAM CORRIDOR

Includes the area within a floodway, floodplain, flood hazard area and buffer strips 100 feet from the top of the channel banks of the stream. If the floodplain or flood hazard area extends for more than 100 feet from the top of the channel bank, said larger area shall be the stream corridor.

STRUCTURE

For floodplain management purposes, a walled or roofed building, a manufactured home, including without limitation, gas or liquid storage tanks, that is principally above ground. For insurance purposes, "structure" means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site. For the latter purpose, the term includes a building while in the course of construction, alteration or repair but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such material or supplies are within an enclosed building on the premises.

SUBSTANTIAL DAMAGE

Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT

Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. The term includes structures which have incurred substantial damage regardless of the actual repair work performed. The term does not, however, include either:

Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which is solely necessary to assure safe living conditions; or

Any alteration of a structure listed on the National Register of Historic Places or the State Register of Historic Places.

VARIANCE

A grant of relief by the Land Use Board from the requirements of this section permitting construction in a manner otherwise prohibited by this section because the literal enforcement would result in unnecessary hardship.

[Amended 4-11-2012 by Ord. No. 2012-02]

Site plan review.

All proposals for any development within a floodplain or stream corridor area shall require site plan approval by the Land Use Board in accordance with Article 19-800 of this chapter provided, however, that when a plan does not include the construction of permanent buildings or structures but, instead, includes such work as grading, landscaping, work associated with agricultural uses and similar uses, and where, upon the recommendation of the Township Construction Official, the proposed work is of such a minor nature that Land Use Board review is not required, the need for site plan approval by the Land Use Board may be waived by the Board. In any case, all other requirements of this section shall apply, and before the work actually begins, the Township Construction Official shall have issued, in writing, his approval to proceed with the work.

[Amended 4-11-2012 by Ord. No. 2012-02]

Review by Construction Official.

When a proposal for development within a floodplain or stream corridor is made to the Township, initially the Township Construction Official shall review the proposal to:

Determine that the requirements of this section have been satisfied;

Determine that all necessary approvals have been obtained from those federal, state or other local governmental agencies from which prior approval is required;

Determine if the proposed development is located in the floodway, and, if so, assure that the encroachment provisions pertaining to floodway are met; and

Determine whether any plans for walls to be used to enclose space below the base flood level comply with applicable requirements.

After the review is completed, the Township Construction Official shall inform the Land Use Board of the findings.

[Amended 4-11-2012 by Ord. No. 2012-02]

Fees shall be provided for site plans in § 19-901 of this chapter, and public notice of public hearings shall be given as stipulated for site plans in § 19-706D of this chapter.

In addition to the applicable information required for site plan approval stipulated in either § 19-803 or 19-804 of this chapter, as applicable, the following additional information shall be provided:

Proposed finished grade elevations at the corners of any structure or structures on U.S.G.S. datum.

Elevation in relation to mean sea level of the lowest floor (including basement) of all structures, existing and proposed.

Elevation in relation to mean sea level to which any structure, existing or proposed, has been or will be floodproofed.

Certification by a New Jersey registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria established by this section.

Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development. Where alteration or relocation of a watercourse is proposed, notification of the proposed alteration or relocation must be provided to adjacent municipalities and proof of such notification submitted to the Federal Insurance Administration and the New Jersey Department of Environmental Protection.

The extent of proposed or previous filling, cutting or regrading of the land, if any.

The location, type and size of all existing and proposed erosion and siltation control measures, such as slope protection soil stabilization, sedimentation basins, sediment trap headwalls and aprons.

Proof of stream encroachment lines (floodway) obtained from the New Jersey Department of Environmental Protection. Where stream encroachment lines have not been established by the New Jersey Department of Environmental Protection, the following rules shall be utilized to determine the floodway delineation:

Concerning hydrology methods that are acceptable are those outlined in "Technical Manual For Stream Encroachment" August 1984, Section 3.1, published by the State of New Jersey, Division of Coastal Resources, Bureau of Floodplain Management, as amended.

Concerning hydraulics:

Water surface profiles shall be computed using the step-backwater method of analysis;

Computations shall begin at a suitable control point at least 500 feet downstream from a project;

[c]

Normal depth computed using the Manning equation may be used as the starting elevation if the channel is of uniform cross section and slope, and it can be demonstrated that flow is not affected by backwater caused by downstream obstructions;

[d]

Water surface profiles shall be computed based upon existing topography, proposed structures, and changes of topography proposed by the applicant; and

[e]

Encroachment lines shall be set at or outside the floodway.

The applicant should be prepared to present evidence that the proposal:

Has an inherently low flood damage potential.

Either acting alone or in combination with the existing or future uses will not obstruct flood flows or increase flood heights and/or velocities or reduce ground absorption or storage volume of stormwater.

Does not affect adversely the water-carrying or storage capacity of the channel, floodway or flood fringe areas.

Does not increase local runoff and erosion and provides proper drainage of the area to an existing adequate watercourse or drainage system.

Does not unduly stress or degrade the natural environment of the floodplain or degrade the quality of surface water or the quality or quantity of groundwaters.

Does not require channel modification or relocation.

It is set forth in this chapter as a permitted use.

It is not a prohibited use in that portion of the floodway, floodplain or stream corridor where proposed to be located.

Where required by the Land Use Board, the applicant shall furnish information relating to subsurface conditions based on percolation tests and soil borings or probes. Test borings or probes shall be performed by a licensed professional engineer and shall be in accordance with acceptable engineering standards and practices. Written notification of intention to conduct such tests shall be forwarded to and received by the Township Engineer at least two working days prior to testing. A detailed report of the test shall be submitted to the Land Use Board and the Township Engineer for review.

[Amended 4-11-2012 by Ord. No. 2012-02]

When base flood elevation data has not been provided by the Township, its agents and employees shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source to administer this chapter.

The reasons the use cannot be located totally outside the stream corridor area.

Uses in floodway, flood fringe and stream corridor areas.

Prohibited uses. No person shall hereafter engage in, cause or permit other persons to engage in prohibited uses in the floodway, flood fringe, floodplain and stream corridor areas, unless specifically approved by the New Jersey Department of Environmental Protection. All uses not specifically permitted by Subsection 19-604F(2) and (3) hereinbelow shall be prohibited.

Permitted uses in floodway. The following uses shall be permitted in the floodway provided the requirements of Subsection 19-604F(2)(e) and Subsection 19-604G of this chapter are satisfied:

Channel improvements or changes may be permitted only in connection with stream improvements and stabilization, which improvements or changes have the approval of the New Jersey Department of Environmental Protection, the Monmouth County Land Use Board and the Blairstown Township Land Use Board.

[Amended 4-11-2012 by Ord. No. 2012-02]

The accepted practices of soil husbandry and farming as well as recreational uses in the nature of parks, wildlife preserves, undeveloped common open space, play yards provided no play equipment is located in the floodway, picnic areas, boat landings and golf courses, provided a maintenance program to promote stabilization of stream banks is established.

Installation, repairs or replacement of sanitary sewers and appurtenances, and other utility lines and appurtenances.

Culverts, bridges, road or driveway crossings where no other locations are feasible.

No encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless a technical evaluation demonstrates that encroachment shall not result in any increase in flood lands during the occurrence of a flood having a one-percent chance of being equaled or exceeded in any given year, unless specifically approved by the New Jersey Department of Environmental Protection. Any proposed use involving the removal of trees shall be undertaken in accordance with the approval of the Blairstown Township Land Use Board. Material, equipment or vehicles related to and used in conjunction with a permitted use shall not be parked or stored in the floodway area.

[Amended 4-11-2012 by Ord. No. 2012-02]

Stormwater management facilities.

Permitted uses in the stream corridor areas. Except for within the floodway, the following uses shall be permitted in stream corridor areas:

The accepted practices of soil husbandry and farming as well as recreational uses in the nature of parks, wildlife preserves, undeveloped open space, play yards provided no play equipment is located in the stream corridor, picnic areas and golf courses, provided a maintenance program to promote stabilization of stream banks is established.

Rebuilding existing structures provided the requirements of Subsection 19-604G hereinbelow are met.

Additions to preexisting structures not to exceed 25% of the gross floor area of the structure preexisting the adoption of this chapter.

Farm fences allowing free passage of floodwaters and debris.

Installation, repairs or replacement of sanitary sewers and appurtenances and other utility lines and appurtenances.

Stormwater management facilities.

Culverts, bridges, road or driveway crossings where no other locations are feasible.

Conditions of approval. The Land Use Board may impose such conditions on permitted uses as it deems appropriate in order to promote the public safety, health and welfare to protect public and private property, wildlife and fisheries and to preserve and enhance the natural environment of the stream corridor. No certificate of occupancy shall be issued unless all conditions of approval have been complied with. In all flood hazard areas, the following conditions are specified in any case:

[Amended 4-11-2012 by Ord. No. 2012-02]

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

All new construction and substantial improvements shall be constructed by methods and practices that minimize flood damage.

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

All new and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharges from the system into the floodwaters.

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

All manufactured homes shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, the use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

All subdivision proposals shall be consistent with the need to minimize flood damage.

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

All new construction shall have electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities designed and/or located as to prevent water from entering or accumulating within the components during conditions of flooding.

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

Appropriate and adequate controls on operations, sureties, deed restrictions and maintenance bonds shall be provided.

(13)

The construction of stormwater detention and/or retention facilities, channel modifications, dikes, levees and other protective measures shall be required.

(14)

The installation of an adequate flood warning system shall be required.

(15)

The postponement of development until such a time as any necessary and required preconstruction protective measures are installed or implemented shall be required.

(16)

New construction or substantial improvement of any residential structure shall have the lowest habitable floor, including a cellar or basement, elevated to one foot above the flood hazard area design flood elevation (a one-foot freeboard).

(17)

All new construction and substantial improvements with fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls, by allowing for the entry and exit of floodwater. Designs for meeting this requirement must either be certified by a registered professional engineer or architect and must meet or exceed the following minimum criteria: a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, or other coverings or devices, provided that they permit the unimpeded gravity flow entry and exit of floodwater.

(18)

New construction or substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including a cellar or basement, elevated to one foot above the design flood elevation (a one-foot freeboard) or, together with the attendant utility and sanitary facilities, be floodproofed so that below the design flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A licensed professional engineer or architect shall certify that the standards and methods of construction of this section are satisfied. Such certification shall be provided to the Land Use Board. Any or all of the following floodproofing measures may be required:

Installation of watertight doors, bulkheads and shutters, or similar devices.

Reinforced walls to resist water pressure.

Use of paints, membranes or mortars to reduce seepage of water through walls.

Addition of weights to structures to resist flotation.

Installation of pumps to lower water levels of structures.

Pumping facilities or comparable measures for the subsurface drainage systems of the building to relieve external foundation wall and basement flood pressures. Over-the-sidewalk and under-the-sidewalk gravity or sump pump drains are not permitted. All such drains shall outlet into an existing adequate watercourse or drainage system.

Construction that resists rupture or collapse caused by water pressure or floating debris.

Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewerage or stormwaters into the structure; gravity drainage of basements may be eliminated by mechanical devices.

Location of all electrical equipment, circuits and installed electrical appliances in a manner which will assure that they are not subject to inundation and flooding.

Annual inspection and recertification of all nonresidential structures which have been floodproofed to assure that floodproofed structures and attendant facilities have been properly maintained.

(19)

Where and when permitted, fill shall be no lower than one foot above the flood hazard area design flood elevation and shall extend at such height for a distance of at least 15 feet beyond the limits of any structure erected thereon.

(20)

Where and when permitted, structures on fill shall be so built that the lowest floor is at a minimum of one foot above the flood hazard design elevation.

(21)

All manufactured homes to be placed or substantially improved within an area of special flood hazard shall be elevated on a permanent foundation such that the finished floor elevation of the lowest floor is at or above the base flood elevation.

(22)

All necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.

(23)

Adequate maintenance shall be provided within any altered or relocated portion of a watercourse so that the flood carrying capacity is not diminished.

Variances from conditions. Variances from the conditions of this section may only be issued by the Blairstown Township Land Use Board in conformance with the following provisions:

[Amended 4-11-2012 by Ord. No. 2012-02]

For the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Register of Historic Places.

Variances shall not be issued within any designated floodway, flood fringe area or stream corridor if an increase in flood levels during the design flood would occur.

Variances may only be issued upon a determination that the variance is the minimum necessary to afford relief considering the flood hazards.

Variances may only be issued upon a determination that failure to grant the variance would result in exceptional hardship to the applicant and a determination that the granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.

Flood insurance. Flood insurance in accordance with the Federal Insurance Agency shall be required for all developments in the floodplain.

Warning and disclaimer. The degree of flood protection required herein is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This section does not imply that land outside flood hazard areas will be free from flooding or flood damage. This section shall not create liability on the part of the Township of Blairstown or by any other officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

Flood hazard area searches.

Official designated to make flood hazard searches. The Township Council shall, annually, designate an official of the Township and/or a number of private consulting firms who are authorized to make and prepare flood hazard area searches.

Issuance of certificates. The official appointed to make such searches shall issue certificates with respect to flood hazard areas on behalf of the Township within a reasonable time after receipt of the following:

A written request for a flood hazard area search containing a diagram or description showing the location and dimensions of the tract of land to be covered by the certificate, and the name of the owner of the tract of land; and

The total fees as herein provided.

Fees for certificates. The following fees shall be received prior to the issuance of any certificate:

Where the property described in the application is shown on the Tax Map as consisting of five acres or less, a fee of $5.

Where the property described in the application is shown on the Tax Map as consisting of more than five acres but less than 20 acres, a fee of $10.

Where the property described in the application is shown on the Tax Map as consisting of 20 acres or more, a fee of $20.

§ 19-605 Airport hazard area.

Establishment of the airport hazard area. There is established in the Township of Blairstown an airport hazard area as delineated on the Township Zoning Map pursuant to N.J.A.C. 16:62 as amended, which initially was adopted on March 20, 1985, by the New Jersey State Department of Transportation in order to implement the Air Safety and Hazardous Zoning Act of 1983.[1]

BUILDING RESTRICTION LINE

Editor's Note: See N.J.S.A. 6:1-80 et seq.

Definitions.

AIRPORT

Any area of land or water, or both, designed and set aside for the landing and taking off of fixed-wing aircraft, utilized or to be utilized by the general public for such purposes, publicly or privately owned, and licensed by the Commissioner of the Department of Transportation as a public use airport or landing strip.

AIRPORT HAZARD AREA

An airport hazard area, to be established for each runway at the airport open to the public, shall consist of a runway subzone, two runway end subzones and two clear zones, each to be geometrically drawn. The outermost borders of the various zones and subzones comprise the outermost boundaries of the airport hazard area, and it is the area within these outermost boundaries that are regulated by the provisions of this chapter section.

A line that is a specified distance from the center line of a runway; between this line and the runway, there may be no buildings, structures, trees or other such permanent or semipermanent obstructions.

CLEAR ZONES

The clear zones of an airport hazard area consist of trapezoids located within the runway end subzone along the flight approach and departure path.

Each clear zone shall extend 1,000 feet from the end of the runway subzone, as measured along the extended center line of the runway.

The base of the clear zone shall be collocated with the end of the runway subzone and shall have a width of 250 feet.

FIXED OR MOVABLE OBSTRUCTION

The width of the clear zone shall increase as the distance from the end of the runway safety area increases until the final width of the clear zone reaches 450 feet.

EFFECTIVE RUNWAY LENGTH

The distance measured along a runway center line from a point on the runway surface where there is a specified slope intersection from obstacles within a specified approach zone to the runway in the direction of travel during the landing. Regarding the initial licensing criteria, the effective runway length is affected and reduced by the runway gradient to the extent of 20% for each 1% of longitudinal gradient in excess of 2% longitudinal gradient.

As used in the context of an obstacle-free zone, any use of land or water, including lateral taxiway to runway center-line clearance, and any man-made or natural structure or body that is fixed or movable and is higher than one meter. Objects such as visual approach slope indicators, wind indicators and the like, are exempted from being such fixed or movable obstructions when they are mounted on frangible posts. Agricultural crops also may be exempted upon application and review.

RUNWAY LENGTH AND RUNWAY WIDTH

The dimensioned area usable for the landing or takeoff of aircraft, which may be paved, unpaved or water. Along their length, a runway is required to have a minimum sighting distance between points 1.5 m (five feet) high for all distances separated by 350 m (1,148 feet).

RUNWAY SUBZONE

A rectangular area within an airport hazard area having the same center line and length as the runway, unless a shorter length is necessitated by limited property ownership at the airport. The width of the runway subzone shall be 2,350 feet and the length of the runway subzone shall be the same as the physical length of the runway.

RUNWAY END SUBZONE

A trapezoidal area within an airport hazard area located at both ends of the runway subzone along the flight approach and flight departure paths.

Each runway end subzone shall extend 3,000 feet from the end of the runway subzone, as measured along the extended center line of the runway.

The base of the runway end subzone shall be defined by the end of the runway subzone and shall have a width of 2,350 feet.

VFR RUNWAY, 5,000-FOOT APPROACH SURFACE (MINIMUM STANDARD)

The width of the runway end subzone shall narrow as the distance from the end of the runway subzone increases until the final width of the runway end subzone reaches 850 feet.

RUNWAY SAFETY AREA

An area in which a runway is symmetrically located and is graded to be smooth and level. The runway safety area shall be maintained in such a condition that aircraft operating thereon may do so safely and with no damage.

TAXIWAY

A pathway for the movement of an aircraft on the surface, usually connecting the landing and takeoff area or runways with support facilities.

THRESHOLD

A line, located at right angles to the runway center line and extending for the full width of the runway, which is established for the purpose of identifying the beginning of the runway area that is designated for the landing of airplanes.

A runway approach/departure path that is 1,524 m (5,000 feet) in length, 76 m (250 feet) in width at the inner surface, and expands uniformly to 381 m (1,250 feet) in width at the outer surface.

The VFR runway approach/departure path has a 20/1 ratio upward slope from the ground from its inner surface and is free of penetrating obstacles.

From its inner surface to 305 m (1,000 feet) outward, the VFR runway approach/departure path surface and clear zone define the same area and always are collocated.

Permitted uses in the airport hazard area. All uses listed hereinbelow are permitted only if also permitted in the zoning district within which the airport hazard area is located and only in accordance with the applicable requirements of this chapter:

Single-family detached dwelling units in accordance with the requirements of this chapter for single-family detached dwellings in the R-5 District, provided and excepting the following:

[Amended 4-4-2001 by Ord. No. 2001-03]

No portion of any residential lot shall be located within a clear zone; and

Any existing detached single-family dwelling unit located within the airport hazard area on a lot between either one acre and three acres in area or on a lot between three and five acres in area shall be considered a conforming use and shall be subject to the requirements of this chapter specified for the subject lot size range in § 19-403B of this chapter.

Open space.

Farming.

Transportation.

Airports, as defined and regulated in this chapter.

Commercial land uses, provided they are not located in the clear zone.

Industrial land uses, provided they are not located in the clear zone.

Prohibited uses in the airport hazard area.

Residential dwelling units of any kind, except and in accordance with the following:

[Amended 4-4-2001 by Ord. No. 2001-03]

Single-family detached dwelling units in accordance with the requirements of this chapter for single-family detached dwellings in the R-5 District shall be permitted, provided that no portion of a residential lot shall be located in a clear zone; and

Any existing detached single-family dwelling unit located within the airport hazard area on a lot between one acre and three acres in area or on a lot between three and five acres in area shall be considered a conforming use and shall be subject to the requirements of this chapter specified for the subject lot size range in § 19-403B of this chapter.

Any portion of a planned unit development, as defined in the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), utilized for any residential use.

Hospitals.

Schools.

Aboveground bulk tank storage of compressed flammable or compressed toxic gases and liquids.

Within a runway end subzone only, the aboveground bulk tank storage of flammable or toxic gases and liquids.

Uses that may attract massing birds, including landfills.

Above grade major utility transmission lines and/or mains.

Activities that would attract crowds in excess of 500 persons, except that a specific activity for a specific period of time and in accordance with specific conditions may be permitted by the Township Committee upon application to the Township Committee at least 30 days prior to the date of the subject activity.

Vertical development restrictions.

The maximum height of any structure or planting within the airport hazard area shall not exceed the vertical development standards as set forth herein.

All elevations shall be in relation to the horizontal plane established by runway elevations and not the natural grade of the land.

The vertical standards within the runway subzone shall be determined in accordance with the following:

A line running 90° outward from each side of the runway center line for a distance of 125 feet in which no development is allowed above the natural grade of the land except for runway and flight safety equipment; and

Planes running from the edges of the line established hereinabove in Subsection 19-605E(3)(a) [longitudinal 0] for the length of the runway subzone sloping upward and outward at a rate of seven feet horizontally to one foot vertically to an elevation of 150 feet above its starting point at the outer borders of the runway subzone.

The vertical standards within the runway end subzone are determined in accordance with the following:

A plane rising one foot upward to 20 feet outward from the end of the runway end subzone, with a width of 250 feet and bisected by the extended runway center line and extending a horizontal length of 3,000 feet to the outermost end of the runway end subzone where the width of the plane is 850 feet at an elevation of 150 feet above its starting point; and

Planes sloping from the outermost longitudinal edges of the plane established in accordance with Subsection 19-605E(4)(a) hereinabove and rising upward one foot to seven feet from said established plan to where they meet the outermost longitudinal boundaries of the runway end subzone at an elevation of 150 feet.

Public and private roads shall be considered as a fifteen-foot and ten-foot vertical development, respectively.

Specific conditions and requirements. The airport hazard area is an area of specified dimensions as specified within this subsection and as indicated on the Blairstown Township Zoning Map.

In addition to the requirements specified within this section, all permitted uses upon lands within the airport hazard area shall conform to the applicable zoning requirements of this chapter for the zoning district in which the lot is located; and

§ 19-606 Elder cottage housing opportunity (ECHO) units.

Where the provisions of the airport hazard area are more restrictive than the requirements of the underlying zoning district, then the airport hazard area provisions shall apply.

[Amended 4-4-2001 by Ord. No. 2001-03]

Elder cottage housing opportunity (ECHO) units are permitted on lots within the R-5 District not part of any planned development in accordance with the following requirements:

An ECHO unit shall be permitted only upon application to the Land Use Board by the owner of the property upon which the principal single-family detached dwelling unit to be associated with the ECHO unit is to be located.

[Amended 4-11-2012 by Ord. No. 2012-02]

Permission for the ECHO unit shall be renewable annually upon application of the owner of the property to the Zoning Officer and upon certification of the Zoning Officer of the continuing compliance by the owner with the conditions of the original permit issuance.

Notice of the application for the original permit and all applications for renewal shall be served in accordance with the provisions of N.J.S.A. 40:55D-12.

An ECHO unit shall be occupied by no more than two people who shall be related to each other by blood or marriage, at least one on whom shall be 55 years of age or older and unable to live independently, and at least one of whom shall be related by blood, marriage or adoption to one or more of the persons residing in and owning the principal single-family detached dwelling unit to be associated with the ECHO unit.

Each ECHO unit shall not exceed 816 square feet of interior space on a single level and so constructed as to be readily removable by the owner of the property or as otherwise specifically provided by Warren County, the State of New Jersey or the Township of Blairstown which shall be responsible for its removal.

Each ECHO unit shall be erected only upon lots on which a single-family detached dwelling unit already is located and in accordance with the following:

An ECHO unit shall not be constructed within the front yard of any lot;

An ECHO unit shall be constructed and removed in accordance with all applicable ordinances, statutes and regulations; and

An ECHO unit shall require site plan approval by the Land Use Board, with input from the Health Officer, the Fire Subcode Official and the Construction Subcode Official.

[Amended 4-11-2012 by Ord. No. 2012-02]

An ECHO unit shall not be erected on any lot unless and in accordance with the following:

The yard area within which the ECHO unit is to be located shall be at least 15,000 square feet and shall be covered by no more than 30% impervious coverage; and

When erected in a side and/or rear yard area, the ECHO unit shall comply with all the required yard setback distances specified in this chapter for an accessory building within the R-5 District.

An ECHO unit may be a pre-manufactured dwelling unit as regulated by state and/or federal regulations.

An ECHO unit shall be provided with adequate water supply and sewage treatment facilities, which may be via interconnections with the facilities serving the principal single-family detached dwelling unit as approved by the Code Enforcement Official and the Township Health Officer.

An ECHO unit shall be erected upon a foundation of pressure-treated wood or an equivalent material which meets all applicable construction codes and which allows complete removal of the unit when the need for the unit ends.

Each ECHO unit shall be removed from the premises upon the death of the dependent occupant for whom the unit was created, unless the other occupant of the unit, if there be one, and the resident of the principal single-family detached dwelling unit both specifically request and receive approval from the Land Use Board for a continuation of the permit.

[Amended 4-11-2012 by Ord. No. 2012-02]

Any removal of an ECHO unit shall be completed within 90 days of the death of the dependent occupant for whom the unit was created, or within an alternate time period as may be approved by the Land Use Board upon the request of the resident of the principal single-family detached dwelling unit and, in any case, the site shall be restored to the extent that no visible evidence of the ECHO unit remains.

[Amended 4-11-2012 by Ord. No. 2012-02]

Notwithstanding any other provisions of this chapter and/or any other law or regulation of the Township of Blairstown to the contrary, a proposed site plan for the construction of an ECHO unit shall be submitted to the Land Use Board for review and approval prior to the issuance of any permit by a Township code enforcement official. Moreover, the approval of the application for the ECHO unit shall be required by the Township Health Officer for all water and sewerage facilities to serve the ECHO unit prior to any approval by the Land Use Board.

[Amended 4-11-2012 by Ord. No. 2012-02]

Any applicant seeking to construct an ECHO unit shall submit a sketch site plan, drawn at scale, showing the location of all existing and proposed buildings, structures, driveways and walkways, the layout of all utility services, including proposed water, sewer/septic connections and systems, and the proposed landscaping and screening.

The sketch site plan shall be endorsed in writing by the government agency which shall own and/or provide the ECHO unit;

The sketch site plan shall be in sufficient detail and shall be submitted in sufficient numbers for the Township Land Use Board and its professional staff to adequately review the proposed development;

[Amended 4-11-2012 by Ord. No. 2012-02]

The sketch site plan shall be reviewed and acted upon by the Land Use Board after it is determined by the Land Use Board Engineer, the Construction Subcode Official, the Township Health Officer and the Township Fire Subcode Official that the submitted information is adequate for review and action by the Land Use Board.

[Amended 4-11-2012 by Ord. No. 2012-02]

§ 19-607 Right to farm. [1]

Recognition of right. The Township of Blairstown recognizes that the industry of farming is a natural right and that this industry has been the main source of income and occupation since the founding of our republic and state.

Where applicable. This right to farm exists throughout the Township of Blairstown where farms are permitted by the provisions of this chapter.

Equipment. This right to farm includes all manner and means of physical labor and mechanical equipment now available, including but not limited to irrigation pumps and equipment, aerial and ground seeding and spraying tractors and their attachments, use and application of recognized fertilizers, approved pesticides and approved herbicides.

Methods. Farming shall include all recognized methods and types as pertains to the growing of crops and the raising of animals or fowl, throughout the country as a whole.

Acceptable practices. The right to farm includes the uses, methods and activities that have been proven effective in the past, that are acceptable in the present and that are considered reasonable and necessary in the industry throughout the country as a whole and which are conducted in accordance with generally accepted agricultural practices.

Times. The right to farm and the acceptable practices theretobefore set forth may have to occur on holidays, Sundays, weekends, at night as well as during normal working hours, and such working conditions are recognized as incident to farming.

Noise, odors, dust and fumes. It is also recognized that reasonably incident to farming is the creation of noise, odors, dust and fumes, and it is recognized that these incidents of farming are specifically permitted as a part of the right to farm.

Inconveniences to public. It is specifically recognized that any inconveniences to the public caused by the above mentioned incidents to farming is more than compensated by the inherent benefits derived from farming, benefits to the public at large by providing wholesome and fresh foods and farm products, to the community as a source of legitimate income and employment, to future generations by the preservation of open space and the benefits to be derived therefrom.

§ 19-608 Affordable accessory apartments.

Editor's Note: See also Ch. 153, Right to Farm.

[Added 6-13-2001 by Ord. No. 2001-09; amended 8-12-2009 by Ord. No. 2009-17]

Where permitted. Notwithstanding any provision of this chapter to the contrary, affordable accessory apartments" shall be permitted in all residential zones.

Definition. For the purpose of this section, the definition of an "affordable accessory apartment" shall be as follows:

AFFORDABLE ACCESSORY APARTMENT

A self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters and a private entrance which is created to be occupied by a low- or moderate-income household in accordance with the applicable provisions of the Substantive Rules of the New Jersey Council on Affordable Housing (COAH) at N.J.A.C. 5:93-1 et seq. The affordable accessory apartment may be created within an existing dwelling unit, may be created within an existing structure on the lot or be an addition to an existing home or accessory building.

Conditions.

The wording of the required deed restriction shall be submitted by the applicant to the designated administrative entity for review as part of the application for approval, and the wording shall be reviewed, modified as necessary, and finally approved by the Township Committee and incorporated within a developer's agreement between the applicant and the Township Committee as a condition of any approval granted for an affordable accessory apartment.

Only one affordable accessory apartment shall be authorized to be located on a single residential lot.

Additional conditions. All affordable accessory apartments shall meet the following additional conditions:

If the affordable accessory apartment is not created as part of the principal single-family detached dwelling and is created within an accessory structure on the lot, the subject accessory structure must be located in the rear yard area only and shall conform to the bulk requirements of each zone's accessory building standards.

The affordable accessory apartment shall be rented only to a low- or a moderate-income household at the time of initial occupancy of the unit.

The affordable accessory apartment shall, for a period of 10 years from the date of the issuance of a certificate of occupancy, be rented only to a low- or moderate-income household.

Rents of affordable accessory apartments shall be affordable to low- or moderate-income households in accordance with the applicable provisions of the New Jersey Administrative Code, N.J.A.C. 5:80-26.12.

There shall be a recorded deed or declaration of covenants and restrictions applied to the property upon which the affordable accessory apartment is located running with the land.

Each affordable accessory apartment shall have living/sleeping space, cooking facilities, a kitchen sink and complete sanitary facilities for the exclusive use of its occupants. It shall consist of no less than two rooms, one of which shall be a full bathroom.

The affordable accessory apartment shall have a separate door with direct access to the outdoors.

All affordable accessory apartments shall comply with all applicable statutes and regulations of the State of New Jersey in addition to all local building codes.

No more than 10 affordable accessory apartments shall be permitted within the Township of Blairstown.

The potable water supply and sewage disposal system for the affordable accessory apartment shall be adequate as determined by the Blairstown Township Board of Health prior to the issuance of any construction permit.

In the case of an affordable accessory apartment previously created illegally on the subject property, the owner is entitled to legitimize the accessory apartment as an affordable accessory apartment under this section, provided that all of the requirements of this section and all related COAH criteria shall apply, except that no subsidy need be provided by the Township of Blairstown.

The affordable accessory apartment program shall be affirmatively marketed to the Northwest Housing Region, consisting of Essex, Morris, Union and Warren Counties in accordance with the Affirmative Marketing Plan provisions in Subsection G of this section hereinbelow. Preference will be given to persons who live and work in Region 2.

Administration of the affordable accessory apartment program. The Township Committee of the Township of Blairstown shall designate an administrative entity and/or Municipal Housing Liaison to administer the affordable accessory apartment program in accordance with the following:

The administrative entity shall administer the affordable accessory apartment program, including advertising, income qualifying prospective renters, setting rents and annual rental increases, maintaining a waiting list, distributing the subsidy, securing certificates of occupancy, qualifying properties, handling application forms, filing deed restrictions and monitoring reports, and affirmatively marketing the affordable accessory apartment program;

The administrative entity shall only deny an application for an accessory apartment if the project is not in conformance with COAH's requirements and/or the provisions of this section. All denials shall be in writing with the reasons clearly stated; and

In accordance with COAH requirements, the Township of Blairstown shall provide at least $20,000 for a moderate-income unit or $25,000 for a low-income unit to subsidize the physical creation of an affordable accessory apartment conforming to the requirements of this section and COAH requirements. Prior to the grant of such subsidy, the property owner shall enter into a written agreement with the Township of Blairstown, ensuring that the apartment shall meet the requirements of this section and COAH regulations.

Application procedures. Each application for the creation of an affordable accessory apartment shall submit the following information to the designated administrative entity:

A sketch of floor plan(s) showing the location, size and relationship of both the affordable accessory apartment and the primary dwelling within the building or in another structure;

Rough elevations showing the modification of any exterior building facade to which changes are proposed; and

A site development sketch showing the location of the existing dwelling and other existing buildings; all property lines; proposed addition, if any, along with the minimum building setback lines; the required parking spaces for both dwelling units; and any natural or man-made conditions which might affect construction.

Affirmative marketing plan.[1] The administrative entity shall be responsible to prepare and execute an affordable accessory apartment marketing plan which shall, at a minimum, consist of the following:

At least one well-publicized public meeting to be held in the Blairstown Township Municipal Building to discuss and explain the affordable accessory apartment program;

A large poster highlighting the main features of the affordable accessory apartment program to be prepared and hung in the Blairstown Township Municipal Building at all times; and

The issuance of periodic press releases to the Newark Star Ledger, the New Jersey Housing Resource Center, the Blairstown website, the Express Times and the Warren Reporter regarding the affordable accessory apartment program in order to further inform the public regarding the program. Said press release shall be disseminated in English, Spanish and Asian languages.

§ 19-609 Development fees for affordable housing.

Editor's Note: See also § 19-610C(6)(g).

[Added 6-13-2001 by Ord. No. 2001-10; amended 7-11-2007 by Ord. No. 2007-08; 4-27-2009 by Ord. No. 2009-06]

Purpose.

In Holmdel Builder's Association v. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985 (the Act), N.J.S.A. 52:27D-301 et seq., and the state constitution, subject to the Council on Affordable Housing's (COAH's) adoption of rules.

Pursuant to P.L. 2008, c. 46 § 8 (N.J.S.A. 52:27D-329.2) and the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 40:55D-8.7), COAH is authorized to adopt and promulgate regulations necessary for the establishment, implementation, review, monitoring and enforcement of municipal affordable housing trust funds and corresponding spending plans. Municipalities that are under the jurisdiction of the Council or court of competent jurisdiction and have a COAH-approved spending plan may retain fees collected from nonresidential development.

This section establishes standards for the collection, maintenance and expenditure of development fees pursuant to COAH's regulations and in accordance P.L. 2008, c. 46, §§ 8 and 32 through 38. Fees collected pursuant to this section 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, codified at N.J.A.C. 5:97-8.

Basic requirements.

This section shall not be effective until approved by COAH pursuant to N.J.A.C. 5:96-5.1.

AFFORDABLE HOUSING DEVELOPMENT

The Township of Blairstown shall not spend development fees until COAH has approved a plan for spending such fees in conformance with N.J.A.C. 5:97-8.10 and 5:96-5.3.

Definitions. The following terms, as used in this section, shall have the following meanings:

A development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a one-hundred-percent affordable development.

COAH or THE COUNCIL

The New Jersey Council on Affordable Housing established under the Act, which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning consideration in the state.

DEVELOPER

The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.

DEVELOPMENT FEE

Money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:97-8.3.

EQUALIZED ASSESSED VALUE

The assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with §§ 1, 5 and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:1-35c).

GREEN BUILDING STRATEGIES

Those strategies that minimize the impact of development on the environment, and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.

Residential development fees.

Imposed fees.

Within the residential district(s), residential developers, except for developers of the types of development specifically exempted below, shall pay a fee of 1.5% of the equalized assessed value for residential development, provided no increased density is permitted.

When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5) (known as a "d" variance) has been permitted, 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. Example: If an approval allows four units to be constructed on a site that was zoned for two units, the fees could equal 1.5% of the equalized assessed value on the first two units; and 6% of the equalized assessed value for the two additional units, provided zoning on the site has not changed during the two-year period preceding the filing of such a variance application.

Eligible exactions, ineligible exactions and exemptions for residential development.

Affordable housing developments, developments where the developer is providing for the construction of affordable units elsewhere in the municipality and developments where the developer has made a payment in lieu of on-site construction of affordable units shall be exempt from development fees.

Developments that have received preliminary or final site plan approval prior to the adoption of a municipal development fee ordinance shall be exempt from development fees, unless the developer seeks a substantial change in the approval. Where a site plan approval does not apply, a zoning and/or building permit shall be synonymous with preliminary or final site plan approval for this purpose. The fee percentage shall be vested on the date that the building permit is issued.

Developers of residential structures demolished and replaced as a result of a fire, flood or natural disaster shall be exempt from paying a development fee.

Nonresidential development fees.

Imposed fees.

Within all zoning districts, nonresidential developers, except for developers of the types of development specifically exempted, shall pay a fee equal to 2.5% of the equalized assessed value of the land and improvements for all new nonresidential construction on an unimproved lot or lots.

Nonresidential developers, except for developers of the types of development specifically exempted, shall also pay a fee equal to 2.5% of the increase in equalized assessed value resulting from any additions to existing structures to be used for nonresidential purposes.

Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of 2.5% shall be calculated on the difference between the equalized assessed value of the preexisting land and improvement and the equalized assessed value of the newly improved structure, i.e., land and improvement, at the time final certificate of occupancy is issued. If the calculation required under this section results in a negative number, the nonresidential development fee shall be zero.

Eligible exactions, ineligible exactions and exemptions for nonresidential development.

The nonresidential portion of a mixed-use inclusionary or market rate development shall be subject to the development fee of 2.5%, unless otherwise exempted below.

The fee of 2.5% shall not apply to an increase in equalized assessed value resulting from alterations, change in use within existing footprint, reconstruction, renovations and repairs.

Nonresidential developments shall be exempt from the payment of nonresidential development fees in accordance with the exemptions required pursuant to P.L. 2008, c. 46, as specified in Form N-RDF, "State of New Jersey Non-Residential Development Certification/Exemption" form. Any exemption claimed by a developer shall be substantiated by that developer.

A developer of a nonresidential development exempted from the nonresidential development fee pursuant to P.L. 2008, c. 46 shall be subject to it at such time the basis for the exemption no longer applies and shall make the payment of the nonresidential development fee, in that event, within three years after that event or after the issuance of the final certificate of occupancy of the nonresidential development, whichever is later.

If a property which was exempted from the collection of a nonresidential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this section within 45 days of the termination of the property tax exemption. Unpaid nonresidential development fees under these circumstances may be enforceable by the Township of Blairstown as a lien against the real property of the owner.

Collection procedures.

Upon the granting of a preliminary, final or other applicable approval for a development, the applicable approving authority shall direct its staff to notify the construction official responsible for the issuance of a building permit.

For nonresidential developments only, the developer shall also be provided with a copy of Form N-RDF, "State of New Jersey Non-Residential Development Certification/Exemption," to be completed as per the instructions provided. The developer of a nonresidential development shall complete Form N-RDF as per the instructions provided. The construction official shall verify the information submitted by the nonresidential developer as per the instructions provided in Form N-RDF. The Tax Assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.

The construction official responsible for the issuance of a building permit shall notify the local tax assessor of the issuance of the first building permit for a development which is subject to a development fee.

Within 90 days of receipt of that notice, the municipal tax assessor, based on the plans filed, shall provide an estimate of the equalized assessed value of the development.

The construction official responsible for the issuance of a final certificate of occupancy notifies the local assessor of any and all requests for the scheduling of a final inspection on property which is subject to a development fee.

Within 10 business days of a request for the scheduling of a final inspection, the municipal assessor shall confirm or modify the previously estimated equalized assessed value of the improvements of the development; calculate the development fee; and thereafter notify the developer of the amount of the fee.

Should the Township of Blairstown fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in Subsection b of § 37 of P.L. 2008, c. 46 (N.J.S.A. 40:55D-8.6).

Fifty percent of the development fee shall be collected at the time of issuance of the building permit. The remaining portion shall be collected at the issuance of the certificate of occupancy. 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. No certificate of occupancy shall be issued to the developer until all remaining developer fees have been paid in full.

Appeal of development fees.

A developer may challenge residential development fees imposed by filing a challenge with the County Board of Taxation. Pending a review and determination by the Board, collected fees shall be placed in an interest-bearing escrow account by the Township of Blairstown. Appeals from a determination of the Board may be made to the Tax Court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.

A developer may challenge nonresidential development fees imposed by filing a challenge with the Director of the Division of Taxation. Pending a review and determination by the Director, which shall be made within 45 days of receipt of the challenge, collected fees shall be placed in an interest-bearing escrow account by the Township of Blairstown. Appeals from a determination of the Director may be made to the Tax Court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.

Affordable Housing Trust Fund.

There is hereby created a separate, interest-bearing housing trust fund to be maintained by the chief financial officer for the purpose of depositing development fees collected from residential and nonresidential developers and proceeds from the sale of units with extinguished controls.

The following additional funds shall be deposited in the Affordable Housing Trust Fund and shall at all times be identifiable by source and amount:

Payments in lieu of on-site construction of affordable units;

Developer-contributed funds to make 10% of the adaptable entrances in a townhouse or other multistory attached development accessible;

Rental income from municipally operated units;

Repayments from affordable housing program loans;

Recapture funds;

Proceeds from the sale of affordable units; and

Any other funds collected in connection with the Township of Blairstown's affordable housing program.

Within seven days from the opening of the trust fund account, the Township of Blairstown 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. 5:97-8.13(b).

All interest accrued in the housing trust fund shall only be used on eligible affordable housing activities approved by COAH.

Use of funds.

The expenditure of all funds shall conform to a spending plan approved by COAH. Funds deposited in the housing trust fund may be used for any activity approved by COAH to address the Township of Blairstown's fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to: preservation or purchase of housing for the purpose of maintaining or implementing affordability controls, rehabilitation, new construction of affordable housing units and related costs, accessory apartment, market to affordable, or regional housing partnership programs, conversion of existing nonresidential buildings to create new affordable units, green building strategies designed to be cost saving and in accordance with accepted national or state standards, purchase of land for affordable housing, improvement of land to be used for affordable housing, extensions or improvements of roads and infrastructure to affordable housing sites, financial assistance designed to increase affordability, administration necessary for implementation of the Housing Element and Fair Share Plan, or any other activity as permitted pursuant to N.J.A.C. 5:97-8.7 through 5:97-8.9 and specified in the approved spending plan.

Funds shall not be expended to reimburse the Township of Blairstown for past housing activities.

At least 30% of all development fees collected and interest earned 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.

Affordability assistance programs may include down payment assistance, security deposit assistance, low-interest loans, rental assistance, assistance with homeowners' association or condominium fees and special assessments, and assistance with emergency repairs.

Affordability assistance to households earning 30% or less of median income may include buying down the cost of low- or moderate-income units in the municipal Fair Share Plan to make them affordable to households earning 30% or less of median income.

Payments in lieu of constructing affordable units on site and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirement.

The Township of Blairstown may contract with a private or public entity to administer any part of its Housing Element and Fair Share Plan, including the requirement for affordability assistance, in accordance with N.J.A.C. 5:96-18.

§ 19-609.1 Affordable housing obligation.

No more than 20% of all revenues collected from development fees may 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. In the case of a rehabilitation program, no more than 20% of the revenues collected from development fees shall be expended for such administrative expenses. Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with COAH's monitoring requirements. Legal or other fees related to litigation opposing affordable housing sites or objecting to the Council's regulations and/or action are not eligible uses of the Affordable Housing Trust Fund.

Monitoring. The Township of Blairstown shall complete and return to COAH all monitoring forms included in monitoring requirements related to the collection of development fees from residential and nonresidential developers, payments in lieu of constructing affordable units on site, funds from the sale of units with extinguished controls, barrier-free escrow funds, rental income, repayments from affordable housing program loans and any other funds collected in connection with the Township of Blairstown's housing program, as well as to the expenditure of revenues and implementation of the plan certified by COAH. All monitoring reports shall be completed on forms designed by COAH.

Ongoing collection of fees. The ability for the Township of Blairstown to impose, collect and expend development fees shall expire with its substantive certification unless the Township of Blairstown has filed an adopted Housing Element and Fair Share Plan with COAH, has petitioned for substantive certification and has received COAH's approval of its development fee ordinance. If the Township of Blairstown fails to renew its ability to impose and collect development fees prior to the expiration of substantive certification, it may be subject to forfeiture of any or all funds remaining within its municipal trust fund. Any funds so forfeited shall be deposited into the New Jersey Affordable Housing Trust Fund established pursuant to § 20 of P.L. 1985, c. 222 (N.J.S.A. 52:27D-320). The Township of Blairstown shall not impose a residential development fee on a development that receives preliminary or final site plan approval after the expiration of its substantive certification or judgment of compliance, nor shall the Township of Blairstown retroactively impose a development fee on such a development. The Township of Blairstown shall not expend development fees after the expiration of its substantive certification or judgment of compliance.

[Added 8-12-2009 by Ord. No. 2009-14]

Purpose; applicability; legislative authority.

This section is intended to assure that low- and moderate-income units (affordable units) are created with controls on affordability over time and that low- and moderate-income households shall occupy these units. This section shall apply except where inconsistent with applicable law.

The Township of Blairstown Land Use Board has adopted a Housing Element and Fair Share Plan pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-1 et seq. The Fair Share Plan has been endorsed by the governing body. The Fair Share Plan describes the ways the Township of Blairstown shall address its fair share for low- and moderate-income housing as determined by the Council on Affordable Housing (COAH) and documented in the Housing Element.

[Amended 4-11-2012 by Ord. No. 2012-02]

This section implements and incorporates the Fair Share Plan and addresses the requirements of N.J.A.C. 5:97, as may be amended and supplemented.

AFFORDABLE HOUSING DEVELOPMENT

The Township of Blairstown shall file monitoring reports with COAH in accordance with N.J.A.C. 5:96, tracking the status of the implementation of the Housing Element and Fair Share Plan. Any plan evaluation report of the Housing Element and Fair Share Plan and monitoring prepared by COAH in accordance with N.J.A.C. 5:96 shall be available to the public at the Township of Blairstown Municipal Building, Municipal Clerk's Office, 106 Route 94, Blairstown, New Jersey, or from COAH at 101 South Broad Street, Trenton, New Jersey and on COAH's website, www.nj.gov/dca/affiliates/coah.

Definitions. The following terms when used in this section, shall have the meanings given in this subsection:

ACCESSORY APARTMENT

A self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters and a private entrance, which is created within an existing home or through the conversion of an existing accessory structure on the same site or by an addition to an existing home or accessory building or by the construction of a new accessory structure on the same site.

ACT

The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.).

ADAPTABLE

Constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.

ADMINISTRATIVE AGENT

The entity responsible for the administration of affordable units in accordance with this section. See N.J.A.C. 5:96, 5:97 and 5:80-26.1 et seq.

AFFIRMATIVE MARKETING

A regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.

AFFORDABILITY AVERAGE

The average percentage of median income at which restricted units in an affordable housing development are affordable to low- and moderate-income households.

AFFORDABLE

A sales price or rent within the means of a low- or moderate-income household as defined in N.J.A.C. 5:97-9; in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.6, as may be amended and supplemented, and, in the case of a rental unit, that the rent for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.12, as may be amended and supplemented.

AFFORDABLE DEVELOPMENT

A housing development, all or a portion of which consists of restricted units.

AFFORDABLE HOUSING PROGRAM(S)

Any mechanism in a municipal Fair Share Plan prepared or implemented to address a municipality's fair share obligation.

AFFORDABLE UNIT

A housing unit proposed or created pursuant to the Act, credited pursuant to N.J.A.C. 5:97-4, and/or funded through an affordable housing trust fund.

AGENCY

The New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).

AGE-RESTRICTED UNIT

A housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population such that:

All the residents of the development where the unit is situated are 62 years or older; or

At least 80% of the units are occupied by one person who is 55 years or older; or

ASSISTED LIVING RESIDENCE

The development has been designated by the Secretary of the U.S. Department of Housing and Urban Development as "housing for older persons," as defined in § 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.

A facility licensed by the New Jersey Department of Health and Senior Services to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed for four or more adult persons unrelated to the proprietor and that offers units containing, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.

CERTIFIED HOUSEHOLD

A household that has been certified by an administrative agent as a low-income household or moderate-income household.

COAH

The Council on Affordable Housing, which is in, but not of, the Department of Community Affairs of the State of New Jersey, that was established under the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).

DCA

The State of New Jersey Department of Community Affairs.

DEFICIENT HOUSING UNIT

A housing unit with health and safety code violations that require the repair or replacement of a major system. A major system includes weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement and/or load-bearing structural systems.

DEVELOPER

Any person, partnership, association, company or corporation that is the legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development, including the holder of an option to contract or purchase, or other person having an enforceable proprietary interest in such land.

DEVELOPMENT

The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any use or change in the use of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq.

INCLUSIONARY DEVELOPMENT

A development containing both affordable units and market rate units. This term includes, but is not necessarily limited to: new construction, the conversion of a nonresidential structure to residential and the creation of new affordable units through the reconstruction of a vacant residential structure.

LOW-INCOME HOUSEHOLD

A household with a total gross annual household income equal to 50% or less of the median household income.

LOW-INCOME UNIT

A restricted unit that is affordable to a low-income household.

MAJOR SYSTEM

The primary structural, mechanical, plumbing, electrical, fire protection or occupant service components of a building, which include, but are not limited to, weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement or load-bearing structural systems.

MARKET-RATE UNITS

Housing not restricted to low- and moderate-income households that may sell or rent at any price.

MEDIAN INCOME

The median income by household size for the applicable county, as adopted annually by COAH.

MODERATE-INCOME HOUSEHOLD

A household with a total gross annual household income in excess of 50% but less than 80% of the median household income.

MODERATE-INCOME UNIT

A restricted unit that is affordable to a moderate-income household.

NONEXEMPT SALE

Any sale or transfer of ownership other than the transfer of ownership between husband and wife; the transfer of ownership between former spouses ordered as a result of a judicial decree of divorce or judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor's deed to a Class A beneficiary, and the transfer of ownership by court order.

RANDOM SELECTION PROCESS

A process by which currently income-eligible households are selected for placement in affordable housing units such that no preference is given to one applicant over another except for purposes of matching household income and size with an appropriately priced and sized affordable unit (e.g., by lottery).

REGIONAL ASSET LIMIT

The maximum housing value in each housing region affordable to a four-person household with an income at 80% of the regional median as defined by COAH's adopted Regional Income Limits, published annually by COAH.

REHABILITATION

The repair, renovation, alteration or reconstruction of any building or structure pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.

RENT

The gross monthly cost of a rental unit to the tenant, including the rent paid to the landlord, as well as an allowance for tenant-paid utilities computed in accordance with allowances published by DCA for its Section 8 program. In assisted living residences, rent does not include charges for food and services.

RESTRICTED UNIT

A dwelling unit, whether a rental unit or ownership unit, that is subject to the affordability controls of N.J.A.C. 5:80-26.1, as may be amended and supplemented, but does not include a market-rate unit financed under UHORP or MONI.

UHAC

The Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.1 et seq.

VERY LOW-INCOME HOUSEHOLD

A household with a total gross annual household income equal to 30% or less of the median household income.

VERY LOW-INCOME UNIT

A restricted unit that is affordable to a very low-income household.

WEATHERIZATION

Building insulation (for attic, exterior walls and crawl space), siding to improve energy efficiency, replacement storm windows, replacement storm doors, replacement windows and replacement doors, and is considered a major system for rehabilitation.

Affordable housing programs. The Township of Blairstown has determined that it will use the following mechanisms to satisfy its affordable housing obligations:

An accessory apartment program.[1]

All accessory apartments shall meet the following conditions:

Accessory apartments are permitted by the Zoning Ordinance for various zoning districts, provided the units are affordable to low- and moderate-income households. Accessory apartments may be developed as low-income or moderate-income units. (Accessory apartments may be limited to only low-income or only moderate-income units as determined in the Fair Share Plan.)

Accessory apartments shall comply with all applicable statutes and regulations of the State of New Jersey in addition to all building codes.

At the time of initial occupancy of the unit, and for at least 10 years thereafter, the accessory apartment shall be rented only to a household which is either a low- or moderate-income household.

Rents of accessory apartments shall be affordable to low- or moderate-income households as per COAH and UHAC regulations.

There shall be a recorded deed or declaration of covenants and restrictions applied to the property upon which the accessory apartment is located, running with the land and limiting its subsequent rental or sale of the unit and the accessory apartment.

The appropriate utility authority must certify that there is water and sewer infrastructure with sufficient capacity to serve the proposed accessory apartment. Where the proposed location is served by an individual well and/or septic system, the additional capacity necessitated by the new unit must meet the appropriate NJDEP standards.

[7]

The Township of Blairstown accessory apartment program shall not restrict the number of bedrooms in any accessory apartment.

[8]

No accessory apartment created as a result of this article or these regulations shall exceed the gross floor area of the existing principal dwelling on the lot.

The maximum number of creditable accessory apartments shall be equal to no more than 10 or an amount equal to 10% of the Township of Blairstown's fair share obligation, whichever is greater. (Additional units may be approved by COAH if the municipality has demonstrated successful completion of its accessory apartment program.)

The Township of Blairstown shall designate an administrative entity to administer the accessory apartment program who shall have the following responsibilities:

The administrative agent shall administer the accessory apartment program, including advertising, income qualifying prospective renters, setting rents and annual rent increases, maintaining a waiting list, distributing the subsidy, securing certificates of occupancy, qualifying properties, handling application forms, filing deed restrictions and monitoring reports and affirmatively marketing the affordable accessory apartment program in accordance with the UHAC.

In accordance with COAH requirements, the Township of Blairstown shall provide at least $25,000 per unit to subsidize the creation of each low-income accessory apartment or $20,000 per unit to subsidize the creation of each moderate-income accessory apartment. Said subsidy may be used to fund actual construction costs and/or to provide compensation for reduced rental rates.

Property owners wishing to apply to create an accessory apartment shall submit to the administrative entity:

A sketch of floor plan(s) showing the location, size and relationship of both the accessory apartment and the primary dwelling within the building or in another structure;

Rough elevations showing the modifications of any exterior building facade to which changes are proposed; and

A site development sketch showing the location of the existing dwelling and other existing buildings; all property lines; proposed addition, if any, along with the minimum building setback lines; the required parking spaces for both dwelling units; and any man-made conditions which might affect construction.

Editor's Note: See also § 19-608 Affordable accessory apartments.

A market to affordable program.

A market to affordable program is established to permit the purchase or subsidization of units through a written agreement with the property owner and sold or rented to low- and moderate-income households. Subject to the provisions of Subsection C(2)(b)[3] below, the market to affordable programs may produce both low- and moderate-income units. (The program may be limited to only low-income or only moderate-income units as per the Fair Share Plan.)

The following provisions shall apply to market to affordable programs:

At the time they are offered for sale or rental, eligible units may be new, preowned or vacant.

The units shall be certified to be in sound condition as a result of an inspection performed by a licensed building inspector.

The municipality will provide a minimum of $25,000 per unit to subsidize each moderate-income unit and/or $30,000 per unit to subsidize the each low-income unit, with additional subsidy depending on the market prices or rents in a municipality.

The maximum number of creditable market to affordable units shall be equal to no more than 10 for-sale units and 10 rental units or a combined total of 10% of the fair share obligation, whichever is greater. (Additional units may be approved by COAH if the municipality demonstrates the successful completion of its initial market to affordable program.)

The units shall comply with N.J.A.C. 5:97-9 and UHAC, with the following exceptions:

Bedroom distribution [N.J.A.C. 5:80-26.3(b) and 5:80-26.3(c)];

Low-/moderate-income split [N.J.A.C. 5:80-26.3(a)]; and

Affordability average [N.J.A.C. 5:80-26.3(d) and 5:80-26.3(e)]; however:

The maximum rent for a moderate-income unit shall be affordable to households earning no more than 60% of median income and the maximum rent for a low-income unit shall be affordable to households earning no more than 44% of median income; and

The maximum sales price for a moderate-income unit shall be affordable to households earning no more than 70% of median income and the maximum sales price for a low-income unit shall be affordable to households earning no more than 40% of median income.

Supportive/special needs.

The following provisions shall apply to group homes, residential health care facilities and supportive shared living housing:

The unit of the credit shall be the bedroom.

Housing that is age restricted shall be included with the maximum number of units that may be age restricted.

Occupancy shall not be restricted to youth under 18 years of age.

All sites shall meet the site suitability criteria set forth in N.J.A.C. 5:97-3.13.

The bedrooms and/or units pursuant to Subsection C(3)(a) above shall comply with N.J.A.C. 5:97-9 and UHAC with the following exceptions:

Affirmative marketing plan;[2] however, group homes, residential health care facilities and supportive shared living housing shall be affirmatively marketed to individuals with special needs in accordance with a plan approved by the Council's Executive Director;

Editor's Note: See also Ch. 55, Affordable Housing, Art. I, Affirmative Marketing Plan.

Affordability average and bedroom distribution; and

With the exception of units established with capital funding through a twenty-year operating contract with the Department of Human Services, Division of Developmental Disabilities, group homes, residential health care facilities and supportive shared living housing shall have the appropriate controls on affordability.

Municipally sponsored/one-hundred-percent-affordable developments.

Municipally sponsored and one-hundred-percent-affordable developments include, but are not limited to:

Developments in which all units are available to low- and moderate-income households;

Units created through a municipal partnership with a nonprofit or other affordable housing provider; and

Developments for which the municipality serves as the primary sponsor.

The following provisions shall apply to municipally sponsored and one-hundred-percent-affordable developments:

All sites shall meet the site suitability criteria set forth in N.J.A.C. 5:97-3.13.

The municipality or developer/sponsor shall have control or the ability to control the site(s).

The construction schedule shall provide for the construction to begin within two years of substantive certification or in accordance with the municipality's implementation schedule.

The first floor of all townhouse dwellings units and of all other multistory dwelling units must comply with N.J.A.C. 5:97-3.14.

New construction. The following general guidelines apply to all newly constructed developments that contain low-and moderate-income housing units, including any currently unanticipated future developments that will provide low- and moderate-income housing units.

Low/moderate split and bedroom distribution of affordable housing units:

The fair share obligation shall be divided equally between low- and moderate-income units, except that where there is an odd number of affordable housing units, the extra unit shall be a low-income unit.

In each affordable development, at least 50% of the restricted units within each bedroom distribution shall be low-income units.

Affordable developments that are not age restricted shall be structured in conjunction with realistic market demands such that:

The combined number of efficiency and one-bedroom units shall be no greater than 20% of the total low- and moderate-income units;

At least 30% of all low- and moderate-income units shall be two-bedroom units;

At least 20% of all low- and moderate-income units shall be three-bedroom units; and

The remaining units may be allocated among two- and three-bedroom units at the discretion of the developer.

Affordable developments that are age restricted shall be structured such that the number of bedrooms shall equal the number of age-restricted low- and moderate-income units within the inclusionary development. The standard may be met by having all one-bedroom units or by having a two-bedroom unit for each efficiency unit.

Accessibility requirements:

The first floor of all restricted townhouse dwelling units and all restricted units in all other multistory buildings shall be subject to the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7 and 5:97-3.14.

All restricted townhouse dwelling units and all restricted units in other multistory buildings in which a restricted dwelling unit is attached to at least one other dwelling unit shall have the following features:

An adaptable toilet and bathing facility on the first floor;

An adaptable kitchen on the first floor;

An interior accessible route of travel on the first floor;

An interior accessible route of travel shall not be required between stories within an individual unit;

An adaptable room that can be used as a bedroom, with a door or the casing for the installation of a door, on the first floor; and

An accessible entranceway as set forth at P.L. 2005, c. 350 (N.J.S.A. 52:27D-311a et seq.), and the Barrier Free Subcode, N.J.A.C. 5:23-7 and 5:97-3.14, or evidence that the Township of Blairstown has collected funds from the developer sufficient to make 10% of the adaptable entrances in the development accessible:

Where a unit has been constructed with an adaptable entrance, upon the request of a disabled person who is purchasing or will reside in the dwelling unit, an accessible entrance shall be installed.

To this end, the builder of restricted units shall deposit funds within the Township of Blairstown's Affordable Housing Trust Fund sufficient to install accessible entrances in 10% of the affordable units that have been constructed with adaptable entrances.

[c]

The funds deposited under Subsection D(2)(b)[6][b] above shall be used by the Township of Blairstown for the sole purpose of making the adaptable entrance of any affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance.

[d]

The developer of the restricted units shall submit a design plan and cost estimate for the conversion from adaptable to accessible entrances to the Construction Official of the Township of Blairstown.

[e]

Once the Construction Official has determined that the design plan to convert the unit entrances from adaptable to accessible meets the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7 and 5:97-3.14, and that the cost estimate of such conversion is reasonable, payment shall be made to the Township of Blairstown's Affordable Housing Trust Fund in care of the Municipal Treasurer who shall ensure that the funds are deposited into the Affordable Housing Trust Fund and appropriately earmarked.

[f]

Full compliance with the foregoing provisions shall not be required where an entity can demonstrate that it is site impracticable to meet the requirements. Determinations of site impracticability shall be in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7 and 5:97-3.14.

Maximum rents and sales prices.

In establishing rents and sales prices of affordable housing units, the administrative agent shall follow the procedures set forth in UHAC and in COAH, utilizing the regional income limits established by COAH.

The maximum rent for restricted rental units within each affordable development shall be affordable to households earning no more than 60% of median income, and the average rent for restricted low- and moderate-income units shall be affordable to households earning no more than 52% of median income.

The developers and/or municipal sponsors of restricted rental units shall establish at least one rent for each bedroom type for both low-income and moderate-income units. At least 10% of all low- and moderate-income rental units shall be affordable to households earning no more than 30% of median income.

The maximum sales price of restricted ownership units within each affordable development shall be affordable to households earning no more than 70% of median income, and each affordable development must achieve an affordability average of 55% for restricted ownership units; in achieving this affordability average, moderate-income ownership units must be available for at least three different prices for each bedroom type, and low-income ownership units must be available for at least two different prices for each bedroom type.

In determining the initial sales prices and rents for compliance with the affordability average requirements for restricted units other than assisted living facilities, the following standards shall be used:

A studio shall be affordable to a one-person household;

A one-bedroom unit shall be affordable to a one-and-one-half-person household;

A two-bedroom unit shall be affordable to a three-person household;

A three-bedroom unit shall be affordable to a four-and-one-half-person household; and

A four-bedroom unit shall be affordable to a six-person household.

In determining the initial rents for compliance with the affordability average requirements for restricted units in assisted living facilities, the following standards shall be used:

A studio shall be affordable to a one-person household;

A one-bedroom unit shall be affordable to a one-and-one-half-person household; and

A two-bedroom unit shall be affordable to a two-person household or to two one-person households.

The initial purchase price for all restricted ownership units shall be calculated so that the monthly carrying cost of the unit, including principal and interest (based on a mortgage loan equal to 95% of the purchase price and the Federal Reserve H.15 rate of interest), taxes, homeowner and private mortgage insurance and condominium or homeowners' association fees do not exceed 28% of the eligible monthly income of the appropriate household size as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.

The initial rent for a restricted rental unit shall be calculated so as not to exceed 30% of the eligible monthly income of the appropriate household size as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the rent shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.

The price of owner-occupied low- and moderate-income units may increase annually based on the percentage increase in the regional median income limit for each housing region. In no event shall the maximum resale price established by the administrative agent be lower than the last recorded purchase price.

The rent of low- and moderate-income units may be increased annually based on the percentage increase in the Housing Consumer Price Index for the United States. This increase shall not exceed 9% in any one year. Rents for units constructed pursuant to low-income housing tax credit regulations shall be indexed pursuant to the regulations governing low-income housing tax credits.

Utilities. Tenant-paid utilities that are included in the utility allowance shall be so stated in the lease and shall be consistent with the utility allowance approved by DCA for its Section 8 program.

Affirmative marketing requirements.[3]

The Township of Blairstown shall adopt by resolution an affirmative marketing plan, subject to approval of COAH, compliant with N.J.A.C. 5:80-26.15, as may be amended and supplemented.

The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of race, creed, color, national origin, ancestry, marital or familial status, gender, affectional or sexual orientation, disability, age or number of children to housing units which are being marketed by a developer, sponsor or owner of affordable housing. The affirmative marketing plan is also intended to target those potentially eligible persons who are least likely to apply for affordable units in that region. It is a continuing program that directs all marketing activities toward COAH Housing Region 2 and covers the period of deed restriction.

The affirmative marketing plan shall provide a regional preference for all households that live and/or work in COAH Housing Region 2, comprised of Essex, Morris, Union and Warren Counties.

The administrative agent designated by the Township of Blairstown shall assure the affirmative marketing of all affordable units consistent with the affirmative marketing plan for the municipality.

In implementing the affirmative marketing plan, the administrative agent shall provide a list of counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements and landlord/tenant law.

The affirmative marketing process for available affordable units shall begin at least four months prior to the expected date of occupancy.

The costs of advertising and affirmative marketing of the affordable units shall be the responsibility of the developer, sponsor or owner, unless otherwise determined or agreed to by the Township of Blairstown.

Editor's Note: See also Ch. 55, Affordable Housing, Art. I, Affirmative Marketing Plan.

Occupancy standards.

In referring certified households to specific restricted units, to the extent feasible, and without causing an undue delay in occupying the unit, the administrative agent shall strive to:

Provide an occupant for each bedroom;

Provide children of different sex with separate bedrooms; and

Prevent more than two persons from occupying a single bedroom.

Additional provisions related to occupancy standards (if any) shall be provided in the municipal operating manual.

Control periods for restricted ownership units and enforcement mechanisms.

Control periods for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.5, as may be amended and supplemented, and each restricted ownership unit shall remain subject to the requirements of this section until the Township of Blairstown elects to release the unit from such requirements, however, and prior to such an election, a restricted ownership unit must remain subject to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented, for at least 30 years.

The affordability control period for a restricted ownership unit shall commence on the date the initial certified household takes title to the unit.

Prior to the issuance of the initial certificate of occupancy for a restricted ownership unit and upon each successive sale during the period of restricted ownership, the administrative agent shall determine the restricted price for the unit and shall also determine the nonrestricted, fair market value of the unit based on either an appraisal or the unit's equalized assessed value.

At the time of the first sale of the unit, the purchaser shall execute and deliver to the administrative agent a recapture note obligating the purchaser (as well as the purchaser's heirs, successors and assigns) to repay, upon the first nonexempt sale after the unit's release from the requirements of this section, an amount equal to the difference between the unit's nonrestricted fair market value and its restricted price, and the recapture note shall be secured by a recapture lien evidenced by a duly recorded mortgage on the unit.

The affordability controls set forth in this section shall remain in effect despite the entry and enforcement of any judgment of foreclosure with respect to restricted ownership units.

A restricted ownership unit shall be required to obtain a continuing certificate of occupancy or a certified statement from the Construction Official stating that the unit meets all code standards upon the first transfer of title that follows the expiration of the applicable minimum control period provided under N.J.A.C. 5:80-26.5(a), as may be amended and supplemented.

Price restrictions for restricted ownership units, homeowners' association fees and resale prices. Price restrictions for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, including:

The initial purchase price for a restricted ownership unit shall be approved by the administrative agent.

The administrative agent shall approve all resale prices, in writing, and in advance of the resale, to assure compliance with the foregoing standards.

The method used to determine the condominium association fee amounts and special assessments shall be indistinguishable between the low- and moderate-income unit owners and the market unit owners.

The owners of restricted ownership units may apply to the administrative agent to increase the maximum sales price for the unit on the basis of capital improvements. Eligible capital improvements shall be those that render the unit suitable for a larger household or the addition of a bathroom.

Buyer income eligibility.

Buyer income eligibility for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, such that low-income ownership units shall be reserved for households with a gross household income less than or equal to 50% of median income, and moderate-income ownership units shall be reserved for households with a gross household income less than 80% of median income.

The administrative agent shall certify a household as eligible for a restricted ownership unit when the household is a low-income household or a moderate-income household, as applicable to the unit, and the estimated monthly housing cost for the particular unit (including principal, interest, taxes, homeowner and private mortgage insurance and condominium or homeowners' association fees, as applicable) does not exceed 33% of the household's certified monthly income.

Limitations on indebtedness secured by ownership unit; subordination.

Prior to incurring any indebtedness to be secured by a restricted ownership unit, the administrative agent shall determine, in writing, that the proposed indebtedness complies with the provisions of this section.

With the exception of original purchase money mortgages, during a control period, neither an owner nor a lender shall at any time cause or permit the total indebtedness secured by a restricted ownership unit to exceed 95% of the maximum allowable resale price of that unit, as such price is determined by the administrative agent in accordance with N.J.A.C. 5:80-26.6(b).

Control periods for restricted rental units.

Control periods for restricted rental units shall be in accordance with N.J.A.C. 5:80-26.11, as may be amended and supplemented, and each restricted rental unit shall remain subject to the requirements of this section until the Township of Blairstown elects to release the unit from such requirements pursuant to action taken in compliance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, and prior to such an election, a restricted rental unit must remain subject to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented, for at least 30 years.

Deeds of all real property that include restricted rental units shall contain deed restriction language. The deed restriction shall have priority over all mortgages on the property, and the deed restriction shall be filed by the developer or seller with the records office of the County of Warren. A copy of the filed document shall be provided to the administrative agent within 30 days of the receipt of a certificate of occupancy.

A restricted rental unit shall remain subject to the affordability controls of this section, despite the occurrence of any of the following events:

Sublease or assignment of the lease of the unit;

Sale or other voluntary transfer of the ownership of the unit; or

The entry and enforcement of any judgment of foreclosure.

Price restrictions for rental units; leases.

A written lease shall be required for all restricted rental units, except for units in an assisted living residence, and tenants shall be responsible for security deposits and the full amount of the rent as stated on the lease. A copy of the current lease for each restricted rental unit shall be provided to the administrative agent.

No additional fees or charges shall be added to the approved rent (except, in the case of units in an assisted living residence, to cover the customary charges for food and services) without the express written approval of the administrative agent.

Application fees (including the charge for any credit check) shall not exceed 5% of the monthly rent of the applicable restricted unit and shall be payable to the administrative agent to be applied to the costs of administering the controls applicable to the unit as set forth in this section.

Tenant income eligibility.

Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13, as may be amended and supplemented, and shall be determined as follows:

Very low-income rental units shall be reserved for households with a gross household income less than or equal to 30% of median income.

Low-income rental units shall be reserved for households with a gross household income less than or equal to 50% of median income.

Moderate-income rental units shall be reserved for households with a gross household income less than 80% of median income.

The administrative agent shall certify a household as eligible for a restricted rental unit when the household is a very low-income household, a low-income household or a moderate-income household, as applicable to the unit, and the rent proposed for the unit does not exceed 35% (40% for age-restricted units) of the household's eligible monthly income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended and supplemented; provided, however, that this limit may be exceeded if one or more of the following circumstances exists:

The household currently pays more than 35% (40% for households eligible for age-restricted units) of its gross household income for rent, and the proposed rent will reduce its housing costs;

The household has consistently paid more than 35% (40% for households eligible for age-restricted units) of eligible monthly income for rent in the past and has proven its ability to pay;

The household is currently in substandard or overcrowded living conditions;

The household documents the existence of assets with which the household proposes to supplement the rent payments; or

The household documents proposed third-party assistance from an outside source such as a family member in a form acceptable to the administrative agent and the owner of the unit.

The applicant shall file documentation sufficient to establish the existence of the circumstances in Subsection M(2)(a) through (e) above with the administrative agent, who shall counsel the household on budgeting.

Administration.

The position of Municipal Housing Liaison (MHL) for the Township of Blairstown is established by this section.[4] The Township Council shall make the actual appointment of the MHL by means of a resolution.

The MHL must be either a full-time or part-time employee of the Township of Blairstown.

The person appointed as the MHL must be reported to COAH for approval.

The MHL must meet all COAH requirements for qualifications, including initial and periodic training.

The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the Township of Blairstown, including the following responsibilities which may not be contracted out to the administrative agent:

Serving as the municipality's primary point of contact for all inquiries from the state, affordable housing providers, administrative agents and interested households;

The implementation of the affirmative marketing plan[5] and affordability controls;

Editor's Note: See also Ch. 55, Affordable Housing, Art. I, Affirmative Marketing Plan, and § 19-610C(b)(f), Affirmative marketing.

When applicable, supervising any contracting administrative agent;

Monitoring the status of all restricted units in the Township of Blairstown's Fair Share Plan;

Compiling, verifying and submitting annual reports as required by COAH;

Coordinating meetings with affordable housing providers and administrative agents, as applicable; and

[7]

Attending continuing education opportunities on affordability controls, compliance monitoring and affirmative marketing as offered or approved by COAH.

Editor's Note: See also § 19-610, Municipal Housing Liaison.

The Township of Blairstown shall designate by resolution of the Township Committee, subject to the approval of COAH, one or more administrative agents to administer newly constructed affordable units in accordance with N.J.A.C. 5:96, N.J.A.C. 5:97 and UHAC.

An operating manual shall be provided by the administrative agent(s) to be adopted by resolution of the governing body and subject to approval of COAH. The operating manuals shall be available for public inspection in the Office of the Municipal Clerk and in the office(s) of the administrative agent(s).

The administrative agent shall perform the duties and responsibilities of an administrative agent as are set forth in UHAC and which are described in full detail in the operating manual, including those set forth in N.J.A.C. 5:80-26.14, 5:80-26.16 and 5:80-26.18 thereof, which includes:

Attending continuing education opportunities on affordability controls, compliance monitoring and affirmative marketing as offered or approved by COAH;

Affirmative marketing;

Household certification;

Affordability controls;

Records retention;

Resale and rerental;

Processing requests from unit owners; and

Enforcement, though the ultimate responsibility for retaining controls on the units rests with the municipality.

The administrative agent shall have authority to take all actions necessary and appropriate to carry out its responsibilities hereunder.

Enforcement of affordable housing regulations; violations and penalties.

Upon the occurrence of a breach of any of the regulations governing the affordable unit by an owner, developer or tenant the municipality shall have all remedies provided at law or equity, including but not limited to foreclosure, tenant eviction, municipal fines, a requirement for household recertification, acceleration of all sums due under a mortgage, recoupment of any funds from a sale in the violation of the regulations, injunctive relief to prevent further violation of the regulations, entry on the premises and specific performance.

After providing written notice of a violation to an owner, developer or tenant of a low- or moderate-income unit and advising the owner, developer or tenant of the penalties for such violations, the municipality may take the following action against the owner, developer or tenant for any violation that remains uncured for a period of 60 days after service of the written notice:

The municipality may file a court action pursuant to N.J.S.A. 2A:58-11 alleging a violation, or violations, of the regulations governing the affordable housing unit. If the owner, developer or tenant is found by the court to have violated any provision of the regulations governing affordable housing units, the owner, developer or tenant shall be subject to one or more of the following penalties, at the discretion of the court:

A fine of not more than $1,000 or imprisonment for a period not to exceed 90 days, or both. Each and every day that the violation continues or exists shall be considered a separate and specific violation of these provisions and not as a continuing offense;

In the case of an owner who has rented his or her low- or moderate-income unit in violation of the regulations governing affordable housing units, payment into the Township of Blairstown Affordable Housing Trust Fund of the gross amount of rent illegally collected;

In the case of an owner who has rented his or her low- or moderate-income unit in violation of the regulations governing affordable housing units, payment of an innocent tenant's reasonable relocation costs, as determined by the court.

The municipality may file a court action in the Superior Court seeking a judgment which would result in the termination of the owner's equity or other interest in the unit, in the nature of a mortgage foreclosure. Any judgment shall be enforceable as if the same were a judgment of default of the first purchase money mortgage and shall constitute a lien against the low- and moderate-income unit.

Such judgment shall be enforceable, at the option of the municipality, by means of an execution sale by the Sheriff, at which time the low- and moderate-income unit of the violating owner shall be sold at a sale price which is not less than the amount necessary to fully satisfy and pay off any first purchase money mortgage and prior liens and the costs of the enforcement proceedings incurred by the municipality, including attorney's fees. The violating owner shall have the right to possession terminated, as well as the title conveyed pursuant to the Sheriff's sale.

The proceeds of the Sheriff's sale shall first be applied to satisfy the first purchase money mortgage lien and any prior liens upon the low- and moderate-income unit. The excess, if any, shall be applied to reimburse the municipality for any and all costs and expenses incurred in connection with either the court action resulting in the judgment of violation or the Sheriff's sale. In the event that the proceeds from the Sheriff's sale are insufficient to reimburse the municipality in full as aforesaid, the violating owner shall be personally responsible for and to the extent of such deficiency, in addition to any and all costs incurred by the municipality in connection with collecting such deficiency. In the event that a surplus remains after satisfying all of the above, such surplus, if any, shall be placed in escrow by the municipality for the owner and shall be held in such escrow for a maximum period of two years or until such earlier time as the owner shall make a claim with the municipality for such. Failure of the owner to claim such balance within the two-year period shall automatically result in a forfeiture of such balance to the municipality. Any interest accrued or earned on such balance while being held in escrow shall belong to and shall be paid to the municipality, whether such balance shall be paid to the owner or forfeited to the municipality.

Foreclosure by the municipality due to violation of the regulations governing affordable housing units shall not extinguish the restrictions of the regulations governing affordable housing units as the same apply to the low- and moderate-income unit. Title shall be conveyed to the purchaser at the Sheriff's sale, subject to the restrictions and provisions of the regulations governing the affordable housing unit. The owner determined to be in violation of the provisions of this plan and from whom title and possession were taken by means of the Sheriff's sale shall not be entitled to any right of redemption.

If there are no bidders at the Sheriff's sale, or if insufficient amounts are bid to satisfy the first purchase money mortgage and any prior liens, the municipality may acquire title to the low- and moderate-income unit by satisfying the first purchase money mortgage and any prior liens and crediting the violating owner with an amount equal to the difference between the first purchase money mortgage and any prior liens and costs of the enforcement proceedings, including legal fees and the maximum resale price for which the low- and moderate-income unit could have been sold under the terms of the regulations governing affordable housing units. This excess shall be treated in the same manner as the excess which would have been realized from an actual sale as previously described.

Failure of the low- and moderate-income unit to be either sold at the Sheriff's sale or acquired by the municipality shall obligate the owner to accept an offer to purchase from any qualified purchaser which may be referred to the owner by the municipality, with such offer to purchase being equal to the maximum resale price of the low- and moderate-income unit as permitted by the regulations governing affordable housing units.

MUNICIPAL HOUSING LIAISON

The owner shall remain fully obligated, responsible and liable for complying with the terms and restrictions of governing affordable housing units until such time as title is conveyed from the owner.

Appeals. Appeals from all decisions of an administrative agent designated pursuant to this section shall be filed, in writing, with the Executive Director of COAH.

§ 19-610 Municipal Housing Liaison. [1]

[Added 5-14-2008 by Ord. No. 2008-03]

Purpose. The purpose of this section is to create the administrative mechanisms needed for the execution of Blairstown's responsibility to assist in the provision of affordable housing pursuant to the Fair Housing Act of 1985.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ADMINISTRATIVE AGENT

The entity responsible for administering the affordability controls of some or all units in the affordable housing program for Blairstown to ensure that the restricted units under administration are affirmatively marketed and sold or rented, as applicable, only to low- and moderate-income households.

The employee charged by the governing body with the responsibility for oversight and administration of the affordable housing program for Blairstown Township.

Establishment of Municipal Housing Liaison position; compensation; powers and duties.

Establishment of position of Municipal Housing Liaison. There is hereby established the position of Municipal Housing Liaison for Blairstown Township.

Subject to the approval of the Council on Affordable Housing (COAH), the Municipal Housing Liaison shall be appointed by the governing body and may be a full- or part-time municipal employee.

The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for Blairstown Township, including the following responsibilities which may not be contracted out, exclusive of Subsection C(3)(f), which may be contracted out:

Serving as Blairstown's primary point of contact for all inquiries from the state, affordable housing providers, administrative agents, and interested households;

Monitoring the status of all restricted units in Blairstown's Fair Share Plan;

Compiling, verifying, and submitting annual reports as required by COAH;

Coordinating meetings with affordable housing providers and administrative agents, as applicable;

Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by COAH;

If applicable, serving as the administrative agent for some or all of the restricted units in Blairstown Township as described in Subsection C(6) below.

Subject to approval by COAH, Blairstown Township may contract with or authorize a consultant, authority, government or any agency charged by the governing body, which entity shall have the responsibility of administering the affordable housing program of Blairstown Township, except for those responsibilities which may not be contracted out pursuant to Subsection C(3) above. If Blairstown Township contracts with another entity to administer all or any part of the affordable housing program, including the affordability controls and affirmative marketing plan, the Municipal Housing Liaison shall supervise the contracting administrative agent.

Compensation. Compensation shall be fixed by the governing body at the time of the appointment of the Municipal Housing Liaison.

Administrative powers and duties assigned to the Municipal Housing Liaison are as follows:

Household certification.

Soliciting, scheduling, conducting and following up on interviews with interested households;

Conducting interviews and obtaining sufficient documentation of gross income and assets upon which to base a determination of income eligibility for a low- or moderate-income unit;

Providing written notification to each applicant as to the determination of eligibility or noneligibility;

Requiring that all certified applicants for restricted units execute a certificate substantially in the form, as applicable, of either the ownership or rental certificates set forth in Appendices J and K of N.J.A.C. 5:80-26.1 et seq.;

Creating and maintaining a referral list of eligible applicant households living in the housing region and eligible applicant households with members working in the housing region where the units are located; and

Employing the random selection process as provided in the affirmative marketing plan of Blairstown Township when referring households for certification to affordable units.

Affordability controls.

Furnishing to attorneys or closing agents forms of deed restrictions and mortgages for recording at the time of conveyance of title of each restricted unit;

Creating and maintaining a file on each restricted unit for its control period, including the recorded deed with restrictions, recorded mortgage and note, as appropriate;

Ensuring that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and properly filed with the appropriate county's register of deeds or county clerk's office after termination of the affordability controls for each restricted unit;

Communicating with lenders regarding foreclosures; and

Ensuring the issuance of continuing certificates of occupancy or certifications pursuant to N.J.A.C. 5:80-26.10.

Resale and rental.

Instituting and maintaining an effective means of communicating information between owners and the administrative agent regarding the availability of restricted units for resale or rerental.

Instituting and maintaining an effective means of communicating information to low- and moderate-income households regarding the availability of restricted units for resale or rerental.

Processing request from unit owners.

Reviewing and approving requests from owners of restricted units who wish to take out home equity loans or refinance during the term of their ownership;

Reviewing and approving requests to increase sales prices from owners of restricted units who wish to make capital improvements to the units that would affect the selling price, such authorizations to be limited to those improvements resulting in additional bedrooms or bathrooms and the cost of central air conditioning systems; and

Processing requests and making determinations on requests by owners of restricted units for hardship waivers.

Enforcement.

Securing annually lists of all affordable housing units for which tax bills are mailed to absentee owners and notifying all such owners that they must either move back to their unit or sell it;

Securing from all developers and sponsors of restricted units, at the earliest point of contact in the processing of the project or development, written acknowledgement of the requirement that no restricted unit can be offered, or in any other way committed, to any person, other than a household duly certified to the unit by the administrative agent;

The posting annually in all rental properties, including two-family homes, of a notice as to the maximum permitted rent together with the telephone number of the administrative agent where complains of excess rent can be made;

Sending annual mailings to all owners of affordable dwelling units, reminding them of the notices and requirements outlined in N.J.A.C. 5:80-26.18(d)4;

Establishing a program for diverting unlawful rent payments to the municipality's affordable housing trust fund or other appropriate municipal fund approved by the DCA;

Creating and publishing a written operating manual, as approved by COAH, setting forth procedures for administering such affordability controls; and

[7]

Providing annual reports to COAH as required.

Affirmative marketing.[2]

[Added 4-27-2009 by Ord. No. 2009-05]

Conducting an outreach process to ensure affirmative marketing of affordable housing units in accordance with the affirmative marketing plan of Blairstown Township and the provisions of N.J.A.C. 5:80-26.15; and

Providing counseling or contracting to provide counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements and landlord/tenant law.

Editor's Note: See also Ch. 55, Affordable Housing, Art. I, Affirmative Marketing Plan.

The administrative agent shall have the authority to take all actions necessary and appropriate to carry out its responsibilities hereunder.

Editor's Note: See also § 19-609.1N(1).

§ 19-611 Solar energy systems.

[Added 5-14-2008 by Ord. No. 2008-02]

The purpose of this section is to provide an opportunity for solar energy systems to be a permitted conditional use in certain residential and nonresidential zones while substantially minimizing the adverse visual impact that solar energy systems may create on abutting properties.

Definitions. As used in this section, the following terms shall have the meanings indicated:

SOLAR ENERGY SYSTEM

A system which converts solar energy to usable thermal, mechanical, or electrical energy to meet all or a significant portion of a dwelling or nonresidential energy requirements. The primary application of a solar energy system is the conversion of solar radiation to thermal energy to meet all or a part of a dwelling or nonresidential heating and hot water requirements. The conversion may be accomplished by solar radiation absorbed by a transport medium and distributed to a point of use. An auxiliary energy system may be employed to supplement the output provided by the solar energy system and to provide for the total energy demand should the solar energy system become inoperable.

Siting standards.

Residential requirements.

Roof line. Installation of solar energy collection panels shall be permitted on the roofs of single-family residential units so long as said units are within 10° of flush with the roof line of the residence subject to the issuance of a zoning permit. Said installation shall not extend beyond the front or side roof lines. No site plan shall be required for said installations.

Ground. Installation of solar energy collection panels on a lot for residential purposes shall be prohibited in the front yard. Installation in the rear yard and side yards of said lots shall be permitted subject to the installation of appropriate natural screening which shall effectively screen the collection panels and associated frame hardware and piping from abutting properties. No site plan shall be required unless the Zoning Officer finds that the installation does not meet the standards herein.

Architectural considerations. Exposed hardware, supporting structures, frames and piping shall be finished in nonreflective surfaces and, if roof mounted, compatible with the color scheme of the roof.

Nonresidential requirements.

Roof line. Installation of solar energy collection panels shall be permitted on the roofs of nonresidential structures. Where said solar energy collection panels, support structures, frames, hardware and piping are visible to residential properties, appropriate screening materials shall be installed on the roof in an architectural design compatible with the building. Said solar energy collection system shall not extend beyond the roof line of the structure.

Ground. Installation of solar energy collection panels on nonresidential lots shall be permitted in the side and rear yards of said lots provided, however, that if said solar energy collection panels are visible to residential lots or zones, the lot owner shall provide appropriate effective natural buffering material that will block the view of said panels from abutting residential zone or properties. The Zoning Officer shall make a finding as to whether or not the ground installation meets the standards contained herein. Installation of solar energy collection panel shall be subject to the issuance of a zoning permit.

Architectural considerations. Exposed hardware, supporting structures, framing and piping shall be finished in a nonreflective surface and consistent with the color scheme of the principal building on site.

Agricultural.

Roof line. Installation of solar energy collection systems shall be permitted on the roof lines of single-family residential units in the same manner as contained in Subsection C(1)(a) hereinbefore.

Ground.

Installation of solar energy collection systems on agricultural structures shall be permitted in a manner consistent with single-family residential units on agricultural lots as indicated in Subsection C3(a) above.

Installation of solar energy collection systems on agricultural lots other than on farm structures shall be permitted. All installation shall be subject to an appropriate natural buffer that will block the view of said system from abutting property owners. All such installations shall be subject to the issuance of a zoning permit.