In accordance with the definition of "conditional
use" in N.J.S.A. 40:55D-3 of the Municipal Land Use Law, a conditional
use is a use permitted in a particular zoning district within Blairstown
Township only upon a showing by the applicant that the use in the
proposed location will comply with the conditions and standards for
the location and/or operation of the use as contained within this
chapter.
A.
General provisions.
[Amended 4-11-2012 by Ord. No. 2012-02]
(1)
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.
(2)
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.
(3)
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.
(4)
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.
B.
Adult entertainment uses.
(1)
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.
(2)
In the VN Village Neighborhood Zoning District, no
adult entertainment use shall be located on any property which is
closer than:
(a)
Within 1,500 feet of the zoning district boundary
line of any VR, R-2 and/or R-3 Zoning District;
(b)
Within 1,000 feet of any other adult entertainment
use;
(c)
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.
(3)
ADULT BOOKSTORE
ADULT MOTION PICTURE THEATER
ADULT MINI MOTION-PICTURE THEATER
SPECIFIED SEXUAL ACTIVITIES
For purposes of this chapter, the following terms
shall have the meanings indicated:
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.
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.
Includes the following:
C.
Airports.
(1)
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.
(2)
Airport facilities shall be permitted to include the
following uses:
(a)
A runway with visual or nonprecision approach
and connecting taxiways;
(b)
A heliport;
(c)
Hangars for the inside shelter and repair of
permitted aircraft and tie-down areas for the securing of permitted
aircraft outdoors;
(d)
A fueling area;
(e)
A waiting room;
(f)
A retail shop selling items relating to aviation;
(g)
Offices and office buildings;
(h)
Research laboratories;
(i)
Limited manufacturing;
(j)
Warehouses and assembly and distribution centers;
and
(k)
Dining facilities and restaurants;
(3)
The aggregate lot area devoted to the airport shall
not be less than 50 acres.
(4)
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.
(5)
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:
(a)
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.
(b)
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.
(c)
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%.
(d)
No building or structure shall exceed 2 1/2
stories and 30 feet in height, except as follows:
[1]
If a lower height is required by state or federal
regulations, then no building or structure shall exceed such lower
height limit; and
[2]
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]
(e)
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:
[1]
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;
[2]
One space for every three seats within a dining
facility; and
[3]
One space for every 1,000 square feet or fraction
thereof of gross floor area utilized as a hangar.
(f)
Airports may have one freestanding sign not
exceeding 75 square feet in area to identify the airport, provided
and in addition to the following:
[1]
No sign shall interfere with the flight of aircraft,
and all signs shall conform to all provisions herein;
[2]
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
[3]
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.
(g)
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]
(6)
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:
(a)
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;
(b)
The proposed air traffic pattern, in both mapped
and narrative form;
(c)
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;
(d)
A description of fire-fighting and other safety
aids and equipment to be provided; and
(e)
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.
(7)
All other applicable requirements of this chapter
and all other applicable laws of the Township of Blairstown shall
apply.
D.
Car washes. Car washes are permitted conditional uses
within the HC Highway Commercial District in accordance with the following
conditions and standards:
(1)
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.
(2)
Three access lanes for each mechanized car wash entrance
shall be provided, each lane with a minimum capacity to queue up 12
vehicles.
(3)
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.
(4)
In addition to the access lanes, off-street parking
shall be provided in accordance with the following schedule:
(a)
One separate space for each waxing, upholstery
cleaning or similar specialized service area;
(b)
One space for each employee; and
(c)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
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]
E.
Cellular antennas.
(1)
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.
(2)
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.
(3)
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:
(a)
How the proposed location of the proposed antennas
relates to the location of any existing towers within and near the
Township of Blairstown;
(b)
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;
(c)
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
(d)
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.
(4)
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]
(b)
The second priority location shall be on lands
zoned within the HC, PRO and/or the GCI Districts.
(c)
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.)
(d)
No more than one tower or other existing structure used for telecommunications
services shall be authorized on one lot.
(5)
Area and setback requirements.
(a)
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]
(b)
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:
[1]
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]
[2]
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]
(6)
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.
(7)
Design details.
(a)
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]
(b)
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]
(c)
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.
(d)
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.
(e)
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.
[1]
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.
[2]
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.
(f)
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]
(g)
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]
(8)
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]
(9)
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]
F.
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]
(1)
Each cemetery shall have a minimum lot size of 10
acres; and
(2)
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.
G.
Drive-through windows for restaurants.
(1)
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]
(2)
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]
(3)
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.
(4)
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.
H.
Hotels and motels. Hotels and motels are permitted
conditional uses within the HC Highway Commercial District in accordance
with the following conditions and standards:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
The first floor areas of a hotel or motel may be used
for the following:
(a)
Professional offices of physicians, dentists,
attorneys, engineers, architects, planners and other similar professional
offices;
(b)
Real estate brokers;
(c)
Insurance offices;
(d)
Branch banks; and/or
(e)
Retail/service commercial uses such as a barber
shop, beauty salon, drugstore, laundromat, souvenir shop, novelty
store, coffee shop and restaurant.
(6)
Off-street parking shall be provided at the ratio
of 1 1/4 spaces per unit of accommodation.
(7)
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.
(8)
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%
|
(9)
All of the other requirements of the HC District and
all other applicable requirements of this chapter must be met.
I.
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]
(1)
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.
(3)
The buildings housing seasonal agricultural workers
shall be designed for temporary occupancy for the number of workers
involved.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
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.
(9)
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.
J.
Public utility uses.
(1)
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:
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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]
K.
Quasi-public uses.
(1)
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.
(2)
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]
(3)
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:
(a)
All lights shall not exceed 14 feet in mounting
height, shall be recessed and focused downward and shall be shielded
from adjacent residential uses;
(b)
No lens shall protrude beyond the casing for
the light fixture;
(c)
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]
(d)
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.
(4)
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]
L.
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]
(1)
Both public sewerage and public water facilities shall
be provided.
(2)
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.
(3)
No existing detached dwelling unit shall be enlarged
or expanded in order to accommodate the proposed residential apartment.
(4)
A minimum of two off-street parking spaces per unit
shall be provided unless specifically exempted by the Board.
(5)
The total lot coverage may be increased to a maximum
of 35% if needed to accommodate the additional required off-street
parking.
M.
Satellite dish antennas.
(1)
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.
(a)
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:
(2)
Installation or construction of satellite dish antennas
shall be subject to the following minimum requirements:
(a)
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;
(b)
A satellite dish antenna may not be placed on
any lot which does not contain a permitted principal structure;
(c)
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;
(d)
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;
(e)
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;
(f)
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;
(g)
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;
(h)
Portable mounted satellite dish antennas are
prohibited; and
(i)
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.
N.
Service stations.
(1)
Service stations are permitted in the HC Highway Commercial
District only.
(2)
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.
(3)
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%.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
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.
(a)
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.
(b)
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.
(9)
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.
(10)
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.
(11)
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.
(12)
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.
(a)
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.
(b)
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.
(c)
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:
(a)
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.
(b)
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.
(c)
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.
(a)
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.
(b)
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:
(a)
The actual floor space and/or ground area to
be devoted to, or used for, the storage of motor vehicles;
(b)
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
(c)
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]
O.
[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]
(1)
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.
(2)
The maximum length of any stay on site shall be 10
days.
(3)
The maximum number of units for rent in any bed-and-breakfast
shall not exceed five.
(4)
The number of parking spaces provided shall be two
for the owner-occupants and one for each guest room.
(5)
Meals may be served on the premises.
(6)
The facility shall comply with all applicable health
and fire codes.
(7)
Establishment of a bed-and-breakfast shall be by way
of minor site plan.
[2]
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.
P.
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]
(1)
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.
(2)
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.
(3)
No hazardous or toxic materials shall be disposed
of into the ground or groundwater.
(4)
Disposal of any and all hazardous and/or toxic materials
shall be in accordance with all local, state, and federal rules and
regulations.
Q.
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]
(1)
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.
(2)
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.
(3)
No hazardous or toxic materials shall be disposed
of into the ground or groundwater.
(4)
Disposal of any and all hazardous and/or toxic materials
shall be in accordance with all local, state, and federal rules and
regulations.
(5)
No self-storage facilities shall be authorized on
site.
R.
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]
(1)
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.
(2)
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.
(3)
Disposal of any and all hazardous and/or toxic materials
shall be in accordance with all local, state, and federal rules and
regulations.
A.
Purpose and findings.
(2)
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.
(a)
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).
(b)
The permitted recognized service businesses
include seamstresses, needle workers and tailors and other such service
businesses.
(3)
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.
B.
Requirements.
(1)
An owner(s) of the home occupation shall be the owner
and resident(s) of the subject property and the dwelling situated
thereon.
(2)
Not more than one nonresident employee shall be permitted.
(3)
Clients, patrons or customers shall be permitted on
the property in regards to the home occupation, provided that:
(a)
Such visitation shall occur during daylight
hours only;
(b)
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;
(c)
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
(d)
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.
(4)
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:
(5)
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.
(6)
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.
(7)
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.
(8)
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.
(9)
The following additional requirements shall be met
by all home occupations:
(a)
The residential character of the lot and building(s)
shall be maintained at all times and all structures shall be maintained
in good repair.
(b)
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.
(c)
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.
(d)
No exterior lighting shall be permitted specific
to the home occupation.
B.
Single-family conservation clusters.
(1)
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.
(2)
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]
(3)
Maximum number of dwelling units permitted.
(a)
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]
(b)
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]
(c)
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]
(4)
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]
(a)
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.
(b)
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.
(c)
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.
(d)
In any case, no ribbon residential pattern of
successive lots along an existing road's frontage shall be permitted.
(6)
Accessory uses permitted.
(a)
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.
(b)
Private tennis courts and other usual recreational
facilities and landscaping features, such as trellises and gazebos,
customarily associated with residential dwelling units.
(c)
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.
(d)
Off-street parking and garages. [See Subsection 19-603B(10) hereinbelow for zoning requirements and § 19-511 for design requirements.]
(i)
Signs. (See Subsection 19-603B(11) hereinbelow for zoning requirements and § 19-516 for design requirements.)
(j)
Satellite dish antennas as conditional uses under N.J.S.A. 40:55D-67. (See § 19-601 for conditions and standards.)
(k)
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.
(7)
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]
(a)
Single-family conservation cluster developments
shall be conceived, designed and approved as a single entity.
(c)
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.
(d)
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.
(e)
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.
[1]
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;
[2]
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:
[a]
The staging plan is workable;
[b]
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.
(f)
No final subdivision plat for any stage of the
development shall be recorded unless:
[1]
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
[2]
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.
(g)
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.
(h)
All other applicable provisions of this chapter
shall apply.
(9)
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.
|
(10)
Minimum off-street parking.
(a)
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.
(b)
No parking area or driveway shall be located
within 10 feet of any property line.
(12)
Landscaping. Landscaping shall be provided in accordance with the applicable provisions of § 19-507 of this chapter.
(13)
Open space requirements.
(a)
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]
(b)
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.
(c)
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.
(d)
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]
(e)
Open space may be offered by deed to the Township
or dedicated as common open space to a homeowners' association.
[1]
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]
[2]
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.
C.
Senior citizen housing developments.
(1)
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]
(2)
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.
(3)
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.
(5)
Accessory uses permitted.
(a)
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.
(b)
Off-street parking and garages. [See Subsection 19-603C(9) hereinbelow for zoning requirements and § 19-511 for design requirements.]
(e)
Signs. [See Subsection 19-603C(10) hereinbelow for zoning requirements and § 19-516 for design requirements.]
(f)
Satellite dish antennas as conditional uses under N.J.S.A. 40:55D-67. (See § 19-601 for conditions and standards.)
(g)
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.
(6)
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]
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
Senior citizen housing developments shall be
conceived, designed and approved as a single entity.
(h)
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.
(i)
Preliminary and final major subdivision approval
can only be granted by the Land Use Board to the entirety of the senior
citizen housing development.
(j)
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.
(k)
All other applicable provisions of this chapter
shall apply.
(7)
Maximum building height.
(a)
No principal building shall exceed 30 feet in
height and 2.5 stories;
(b)
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
(c)
No accessory building shall exceed 15 feet in
height.
(8)
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.
| |||
(9)
Minimum off-street parking.
(a)
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.
(b)
No parking area or driveway shall be located
within six feet of any property line.
(11)
Landscaping. Landscaping shall be provided in accordance with the applicable provisions of § 19-507 of this chapter.
(12)
Open space requirements.
(a)
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.
(b)
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]
(c)
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.
(d)
Open space may be offered by deed to the Township
or dedicated as common open space to a homeowners' association.
[1]
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]
[2]
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.
D.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
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]
(5)
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]
(6)
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.
(7)
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.
A.
Basis of floodplain areas.
(1)
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.
(2)
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.
B.
Purpose of regulations for floodplain and stream corridor
areas. The purpose of these regulations is:
(1)
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.
(2)
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.
(3)
To promote the development of a park-like network
throughout the Township of Blairstown along stream corridors.
(4)
To permit only that development of flood-prone areas
and stream corridors within Blairstown Township which:
(a)
Is appropriate in light of the probability of
flood damage and the need to reduce flood losses;
(b)
Represents an acceptable social and economic
use of the land in relation to the hazards involved;
(c)
Does not increase the danger to human, plant
or animal life; and
(d)
Provides that no decrease in the amount of available
storage for floodwaters within the floodplain results from any development.
(5)
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.
(6)
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.
(7)
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.
(8)
To prevent disturbance to the ecological balance between
wildlife, plant and marine life, which are dependent upon watercourses
and their protective floodplains and slopes.
C.
Applicability and interpretation.
(1)
This section of the chapter regulates development
in the following two ways:
(a)
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
(b)
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.
(2)
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.
D.
APPEAL
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASEMENT
BREAKAWAY WALL
CHANNEL
DELINEATED STREAM
DESIGN FLOOD PROFILE
DEVELOPMENT
ELEVATED BUILDING
FLOOD ELEVATION DETERMINATION
FLOOD FRINGE AREA
FLOOD HAZARD AREA
FLOOD HAZARD AREA DESIGN FLOOD
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOOD or FLOODING
FLOODPLAIN
FLOODPLAIN MANAGEMENT REGULATIONS
FLOODPROOFING
FLOODWAY
FREEBOARD
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISIONS
NEW CONSTRUCTION
RECREATION VEHICLE
START OF CONSTRUCTION
(1)
(2)
(3)
STREAM
STREAM CORRIDOR
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
VARIANCE
Definitions.
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]
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.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
The area of any building having its floor subgrade (below
ground level) on all sides.
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.
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.
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.
The elevations of the water surface of the floodway design
flood and the flood hazard area design flood.
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.
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.
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.
The portion of the flood hazard area not designated as the
floodway.
The floodway and the flood fringe area of a delineated stream.
The one-hundred-year storm in nondelineated areas and the
one-hundred-year storm plus 25% in delineated areas.
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.
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.
A general and temporary condition of partial or complete
inundation of normally dry areas from:
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.
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.
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.
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.
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
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.
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.
Structures for which the start of construction commenced
on or after the effective date of this chapter.
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.
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.
A watercourse having a drainage area of over 50 acres.
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.
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.
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.
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.
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]
E.
Site plan review.
(1)
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]
(2)
Review by Construction Official.
(a)
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:
[1]
Determine that the requirements of this section
have been satisfied;
[2]
Determine that all necessary approvals have
been obtained from those federal, state or other local governmental
agencies from which prior approval is required;
[3]
Determine if the proposed development is located
in the floodway, and, if so, assure that the encroachment provisions
pertaining to floodway are met; and
[4]
Determine whether any plans for walls to be
used to enclose space below the base flood level comply with applicable
requirements.
(b)
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]
(3)
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.
(4)
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:
(a)
Proposed finished grade elevations at the corners
of any structure or structures on U.S.G.S. datum.
(b)
Elevation in relation to mean sea level of the
lowest floor (including basement) of all structures, existing and
proposed.
(c)
Elevation in relation to mean sea level to which
any structure, existing or proposed, has been or will be floodproofed.
(d)
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.
(e)
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.
(f)
The extent of proposed or previous filling,
cutting or regrading of the land, if any.
(g)
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.
(h)
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:
[1]
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.
[2]
Concerning hydraulics:
[a]
Water surface profiles shall be
computed using the step-backwater method of analysis;
[b]
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.
(5)
The applicant should be prepared to present evidence
that the proposal:
(a)
Has an inherently low flood damage potential.
(b)
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.
(c)
Does not affect adversely the water-carrying
or storage capacity of the channel, floodway or flood fringe areas.
(d)
Does not increase local runoff and erosion and
provides proper drainage of the area to an existing adequate watercourse
or drainage system.
(e)
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.
(f)
Does not require channel modification or relocation.
(g)
It is set forth in this chapter as a permitted
use.
(h)
It is not a prohibited use in that portion of
the floodway, floodplain or stream corridor where proposed to be located.
(6)
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]
(7)
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.
(8)
The reasons the use cannot be located totally outside
the stream corridor area.
F.
Uses in floodway, flood fringe and stream corridor
areas.
(1)
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.
(2)
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:
(a)
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]
(b)
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.
(c)
Installation, repairs or replacement of sanitary
sewers and appurtenances, and other utility lines and appurtenances.
(d)
Culverts, bridges, road or driveway crossings
where no other locations are feasible.
(e)
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]
(f)
Stormwater management facilities.
(3)
Permitted uses in the stream corridor areas. Except
for within the floodway, the following uses shall be permitted in
stream corridor areas:
(a)
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.
(b)
Rebuilding existing structures provided the requirements of Subsection 19-604G hereinbelow are met.
(c)
Additions to preexisting structures not to exceed
25% of the gross floor area of the structure preexisting the adoption
of this chapter.
(d)
Farm fences allowing free passage of floodwaters
and debris.
(e)
Installation, repairs or replacement of sanitary
sewers and appurtenances and other utility lines and appurtenances.
(f)
Stormwater management facilities.
(g)
Culverts, bridges, road or driveway crossings
where no other locations are feasible.
G.
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]
(1)
All new construction and substantial improvements
shall be constructed with materials and utility equipment resistant
to flood damage.
(2)
All new construction and substantial improvements
shall be constructed by methods and practices that minimize flood
damage.
(3)
All new and replacement water supply systems shall
be designed to minimize or eliminate infiltration of floodwaters into
the system.
(4)
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.
(5)
On-site waste disposal systems shall be located to
avoid impairment to them or contamination from them during flooding.
(6)
All new construction and substantial improvements
shall be anchored to prevent flotation, collapse or lateral movement
of the structure.
(7)
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.
(8)
All subdivision proposals shall be consistent with
the need to minimize flood damage.
(9)
All subdivision proposals shall have public utilities
and facilities such as sewer, gas, electrical and water systems located
and constructed to minimize flood damage.
(10)
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.
(11)
All subdivision proposals shall have adequate
drainage provided to reduce exposure to flood damage.
(12)
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:
(a)
Installation of watertight doors, bulkheads
and shutters, or similar devices.
(b)
Reinforced walls to resist water pressure.
(c)
Use of paints, membranes or mortars to reduce
seepage of water through walls.
(d)
Addition of weights to structures to resist
flotation.
(e)
Installation of pumps to lower water levels
of structures.
(f)
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.
(g)
Construction that resists rupture or collapse
caused by water pressure or floating debris.
(h)
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.
(i)
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.
(j)
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.
H.
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]
(1)
For the reconstruction, rehabilitation or restoration
of structures listed on the National Register of Historic Places or
the State Register of Historic Places.
(2)
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.
(3)
Variances may only be issued upon a determination
that the variance is the minimum necessary to afford relief considering
the flood hazards.
(4)
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.
I.
Flood insurance. Flood insurance in accordance with
the Federal Insurance Agency shall be required for all developments
in the floodplain.
J.
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.
K.
Flood hazard area searches.
(1)
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.
(2)
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:
(3)
Fees for certificates. The following fees shall be
received prior to the issuance of any certificate:
(a)
Where the property described in the application
is shown on the Tax Map as consisting of five acres or less, a fee
of $5.
(b)
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.
(c)
Where the property described in the application
is shown on the Tax Map as consisting of 20 acres or more, a fee of
$20.
A.
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]
[1]
Editor's Note: See N.J.S.A. 6:1-80 et seq.
B.
AIRPORT
AIRPORT HAZARD AREA
BUILDING RESTRICTION LINE
CLEAR ZONES
(1)
(2)
(3)
EFFECTIVE RUNWAY LENGTH
FIXED OR MOVABLE OBSTRUCTION
RUNWAY LENGTH AND RUNWAY WIDTH
RUNWAY SUBZONE
RUNWAY END SUBZONE
(1)
(2)
(3)
RUNWAY SAFETY AREA
TAXIWAY
THRESHOLD
VFR RUNWAY, 5,000-FOOT APPROACH SURFACE (MINIMUM STANDARD)
(1)
(2)
Definitions.
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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
A pathway for the movement of an aircraft on the surface,
usually connecting the landing and takeoff area or runways with support
facilities.
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.
C.
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:
(1)
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]
(a)
No portion of any residential lot shall be located
within a clear zone; and
(b)
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.
(2)
Open space.
(3)
Farming.
(4)
Transportation.
(5)
Airports, as defined and regulated in this chapter.
(6)
Commercial land uses, provided they are not located
in the clear zone.
(7)
Industrial land uses, provided they are not located
in the clear zone.
D.
Prohibited uses in the airport hazard area.
(1)
Residential dwelling units of any kind, except and
in accordance with the following:
[Amended 4-4-2001 by Ord. No. 2001-03]
(a)
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
(b)
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.
(2)
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.
(3)
Hospitals.
(4)
Schools.
(5)
Aboveground bulk tank storage of compressed flammable
or compressed toxic gases and liquids.
(6)
Within a runway end subzone only, the aboveground
bulk tank storage of flammable or toxic gases and liquids.
(7)
Uses that may attract massing birds, including landfills.
(8)
Above grade major utility transmission lines and/or
mains.
(9)
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.
E.
Vertical development restrictions.
(1)
The maximum height of any structure or planting within
the airport hazard area shall not exceed the vertical development
standards as set forth herein.
(2)
All elevations shall be in relation to the horizontal
plane established by runway elevations and not the natural grade of
the land.
(3)
The vertical standards within the runway subzone shall
be determined in accordance with the following:
(a)
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
(b)
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.
(4)
The vertical standards within the runway end subzone
are determined in accordance with the following:
(a)
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
(b)
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.
(5)
Public and private roads shall be considered as a
fifteen-foot and ten-foot vertical development, respectively.
F.
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.
(1)
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
(2)
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:
A.
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]
(1)
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.
(2)
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.
B.
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.
C.
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.
D.
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:
(1)
An ECHO unit shall not be constructed within the front
yard of any lot;
(2)
An ECHO unit shall be constructed and removed in accordance
with all applicable ordinances, statutes and regulations; and
(3)
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]
E.
An ECHO unit shall not be erected on any lot unless
and in accordance with the following:
(1)
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
(2)
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.
F.
An ECHO unit may be a pre-manufactured dwelling unit
as regulated by state and/or federal regulations.
G.
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.
H.
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.
I.
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]
J.
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]
K.
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]
L.
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.
(1)
The sketch site plan shall be endorsed in writing
by the government agency which shall own and/or provide the ECHO unit;
(2)
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]
(3)
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]
A.
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.
B.
Where applicable. This right to farm exists throughout
the Township of Blairstown where farms are permitted by the provisions
of this chapter.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
[Added 6-13-2001 by Ord. No. 2001-09; amended 8-12-2009 by Ord. No.
2009-17]
A.
Where permitted. Notwithstanding any provision of this chapter to
the contrary, affordable accessory apartments" shall be permitted
in all residential zones.
B.
AFFORDABLE ACCESSORY APARTMENT
Definition. For the purpose of this section, the definition of an
"affordable accessory apartment" shall be as follows:
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.
C.
Conditions.
(1)
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.
(2)
Only one affordable accessory apartment shall be authorized to be
located on a single residential lot.
D.
Additional conditions. All affordable accessory apartments shall
meet the following additional conditions:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
The affordable accessory apartment shall have a separate door with
direct access to the outdoors.
(8)
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.
(9)
No more than 10 affordable accessory apartments shall be permitted
within the Township of Blairstown.
(10)
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.
(11)
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.
(12)
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.
E.
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:
(1)
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;
(2)
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
(3)
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.
F.
Application procedures. Each application for the creation of an affordable
accessory apartment shall submit the following information to the
designated administrative entity:
(1)
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;
(2)
Rough elevations showing the modification of any exterior building
facade to which changes are proposed; and
(3)
A site development sketch showing the location of the existing dwelling
and other existing buildings; all property lines; proposed addition,
if any, along with the minimum building setback lines; the required
parking spaces for both dwelling units; and any natural or man-made
conditions which might affect construction.
G.
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:
(1)
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;
(2)
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
(3)
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.
[1]
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]
A.
Purpose.
(1)
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.
(2)
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.
(3)
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.
C.
AFFORDABLE HOUSING DEVELOPMENT
COAH or THE COUNCIL
DEVELOPER
DEVELOPMENT FEE
EQUALIZED ASSESSED VALUE
GREEN BUILDING STRATEGIES
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.
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.
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.
Money paid by a developer for the improvement of property
as permitted in N.J.A.C. 5:97-8.3.
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).
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.
D.
Residential development fees.
(1)
Imposed fees.
(a)
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.
(b)
When an increase in residential density pursuant to N.J.S.A.
40:55D-70d(5) (known as a "d" variance) has been permitted, 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.
(2)
Eligible exactions, ineligible exactions and exemptions for residential
development.
(a)
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.
(b)
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.
(c)
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.
E.
Nonresidential development fees.
(1)
Imposed fees.
(a)
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.
(b)
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.
(c)
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.
(2)
Eligible exactions, ineligible exactions and exemptions for nonresidential
development.
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
F.
Collection procedures.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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).
(8)
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.
(9)
Appeal of development fees.
(a)
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.
(b)
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.
G.
Affordable Housing Trust Fund.
(1)
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.
(2)
The following additional funds shall be deposited in the Affordable
Housing Trust Fund and shall at all times be identifiable by source
and amount:
(a)
Payments in lieu of on-site construction of affordable units;
(b)
Developer-contributed funds to make 10% of the adaptable entrances
in a townhouse or other multistory attached development accessible;
(c)
Rental income from municipally operated units;
(d)
Repayments from affordable housing program loans;
(e)
Recapture funds;
(f)
Proceeds from the sale of affordable units; and
(g)
Any other funds collected in connection with the Township of
Blairstown's affordable housing program.
(3)
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).
(4)
All interest accrued in the housing trust fund shall only be used
on eligible affordable housing activities approved by COAH.
H.
Use of funds.
(1)
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.
(2)
Funds shall not be expended to reimburse the Township of Blairstown
for past housing activities.
(3)
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.
(a)
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.
(b)
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.
(c)
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.
(4)
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.
(5)
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.
I.
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.
J.
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]
A.
Purpose; applicability; legislative authority.
(1)
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.
(2)
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]
(3)
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.
(4)
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.
B.
ACCESSORY APARTMENT
ACT
ADAPTABLE
ADMINISTRATIVE AGENT
AFFIRMATIVE MARKETING
AFFORDABILITY AVERAGE
AFFORDABLE
AFFORDABLE DEVELOPMENT
AFFORDABLE HOUSING DEVELOPMENT
AFFORDABLE HOUSING PROGRAM(S)
AFFORDABLE UNIT
AGENCY
AGE-RESTRICTED UNIT
(1)
(2)
(3)
ASSISTED LIVING RESIDENCE
CERTIFIED HOUSEHOLD
COAH
DCA
DEFICIENT HOUSING UNIT
DEVELOPER
DEVELOPMENT
INCLUSIONARY DEVELOPMENT
LOW-INCOME HOUSEHOLD
LOW-INCOME UNIT
MAJOR SYSTEM
MARKET-RATE UNITS
MEDIAN INCOME
MODERATE-INCOME HOUSEHOLD
MODERATE-INCOME UNIT
NONEXEMPT SALE
RANDOM SELECTION PROCESS
REGIONAL ASSET LIMIT
REHABILITATION
RENT
RESTRICTED UNIT
UHAC
VERY LOW-INCOME HOUSEHOLD
VERY LOW-INCOME UNIT
WEATHERIZATION
Definitions. The following terms when used in this section, shall
have the meanings given in this subsection:
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.
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.).
Constructed in compliance with the technical design standards
of the Barrier Free Subcode, N.J.A.C. 5:23-7.
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.
A regional marketing strategy designed to attract buyers
and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
The average percentage of median income at which restricted
units in an affordable housing development are affordable to low-
and moderate-income households.
A sales price or rent within the means of a low- or moderate-income
household as defined in N.J.A.C. 5:97-9; in the case of an ownership
unit, that the sales price for the unit conforms to the standards
set forth in N.J.A.C. 5:80-26.6, as may be amended and supplemented,
and, in the case of a rental unit, that the rent for the unit conforms
to the standards set forth in N.J.A.C. 5:80-26.12, as may be amended
and supplemented.
A housing development, all or a portion of which consists
of restricted units.
A development included in the Housing Element and Fair Share
Plan, and includes, but is not limited to, an inclusionary development,
a municipal construction project or a one-hundred-percent affordable
development.
Any mechanism in a municipal Fair Share Plan prepared or
implemented to address a municipality's fair share obligation.
A housing unit proposed or created pursuant to the Act, credited
pursuant to N.J.A.C. 5:97-4, and/or funded through an affordable housing
trust fund.
The New Jersey Housing and Mortgage Finance Agency established
by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
A 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
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.
A household that has been certified by an administrative
agent as a low-income household or moderate-income household.
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.).
The State of New Jersey Department of Community Affairs.
A housing unit with health and safety code violations that
require the repair or replacement of a major system. A major system
includes weatherization, roofing, plumbing (including wells), heating,
electricity, sanitary plumbing (including septic systems), lead paint
abatement and/or load-bearing structural systems.
Any person, partnership, association, company or corporation
that is the legal or beneficial owner or owners of a lot or any land
proposed to be included in a proposed development, including the holder
of an option to contract or purchase, or other person having an enforceable
proprietary interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any use or change in the use of any building
or other structure, or of any mining, excavation or landfill, and
any use or change in the use of any building or other structure, or
land or extension of use of land, for which permission may be required
pursuant to N.J.S.A. 40:55D-1 et seq.
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.
A household with a total gross annual household income equal
to 50% or less of the median household income.
A restricted unit that is affordable to a low-income household.
The primary structural, mechanical, plumbing, electrical,
fire protection or occupant service components of a building, which
include, but are not limited to, weatherization, roofing, plumbing
(including wells), heating, electricity, sanitary plumbing (including
septic systems), lead paint abatement or load-bearing structural systems.
Housing not restricted to low- and moderate-income households
that may sell or rent at any price.
The median income by household size for the applicable county,
as adopted annually by COAH.
A household with a total gross annual household income in
excess of 50% but less than 80% of the median household income.
A restricted unit that is affordable to a moderate-income
household.
Any sale or transfer of ownership other than the transfer
of ownership between husband and wife; the transfer of ownership between
former spouses ordered as a result of a judicial decree of divorce
or judicial separation, but not including sales to third parties;
the transfer of ownership between family members as a result of inheritance;
the transfer of ownership through an executor's deed to a Class A
beneficiary, and the transfer of ownership by court order.
A process by which currently income-eligible households are
selected for placement in affordable housing units such that no preference
is given to one applicant over another except for purposes of matching
household income and size with an appropriately priced and sized affordable
unit (e.g., by lottery).
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.
The repair, renovation, alteration or reconstruction of any
building or structure pursuant to the Rehabilitation Subcode, N.J.A.C.
5:23-6.
The gross monthly cost of a rental unit to the tenant, including
the rent paid to the landlord, as well as an allowance for tenant-paid
utilities computed in accordance with allowances published by DCA
for its Section 8 program. In assisted living residences, rent does
not include charges for food and services.
A dwelling unit, whether a rental unit or ownership unit,
that is subject to the affordability controls of N.J.A.C. 5:80-26.1,
as may be amended and supplemented, but does not include a market-rate
unit financed under UHORP or MONI.
The Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26.1 et seq.
A household with a total gross annual household income equal
to 30% or less of the median household income.
A restricted unit that is affordable to a very low-income
household.
Building insulation (for attic, exterior walls and crawl
space), siding to improve energy efficiency, replacement storm windows,
replacement storm doors, replacement windows and replacement doors,
and is considered a major system for rehabilitation.
C.
Affordable housing programs. The Township of Blairstown has determined
that it will use the following mechanisms to satisfy its affordable
housing obligations:
(1)
An accessory apartment program.[1]
(a)
All accessory apartments shall meet the following conditions:
[1]
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.)
[2]
Accessory apartments shall comply with all applicable
statutes and regulations of the State of New Jersey in addition to
all building codes.
[3]
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.
[4]
Rents of accessory apartments shall be affordable
to low- or moderate-income households as per COAH and UHAC regulations.
[5]
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.
[6]
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.
(b)
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.)
(c)
The Township of Blairstown shall designate an administrative
entity to administer the accessory apartment program who shall have
the following responsibilities:
[1]
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.
[2]
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.
[3]
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.
(d)
Property owners wishing to apply to create an accessory apartment
shall submit to the administrative entity:
[1]
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;
[2]
Rough elevations showing the modifications of any
exterior building facade to which changes are proposed; and
[3]
A site development sketch showing the location
of the existing dwelling and other existing buildings; all property
lines; proposed addition, if any, along with the minimum building
setback lines; the required parking spaces for both dwelling units;
and any man-made conditions which might affect construction.
(2)
A market to affordable program.
(a)
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.)
(b)
The following provisions shall apply to market to affordable
programs:
[1]
At the time they are offered for sale or rental,
eligible units may be new, preowned or vacant.
[2]
The units shall be certified to be in sound condition
as a result of an inspection performed by a licensed building inspector.
[3]
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.
[4]
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.)
(c)
The units shall comply with N.J.A.C. 5:97-9 and UHAC, with the
following exceptions:
[1]
Bedroom distribution [N.J.A.C. 5:80-26.3(b) and
5:80-26.3(c)];
[2]
Low-/moderate-income split [N.J.A.C. 5:80-26.3(a)];
and
[3]
Affordability average [N.J.A.C. 5:80-26.3(d) and
5:80-26.3(e)]; however:
[a]
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
[b]
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.
(3)
Supportive/special needs.
(a)
The following provisions shall apply to group homes, residential
health care facilities and supportive shared living housing:
[1]
The unit of the credit shall be the bedroom.
[2]
Housing that is age restricted shall be included
with the maximum number of units that may be age restricted.
[3]
Occupancy shall not be restricted to youth under
18 years of age.
[4]
All sites shall meet the site suitability criteria
set forth in N.J.A.C. 5:97-3.13.
(b)
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:
[1]
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;
[2]
Affordability average and bedroom distribution;
and
[3]
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.
(4)
Municipally sponsored/one-hundred-percent-affordable developments.
(a)
Municipally sponsored and one-hundred-percent-affordable developments
include, but are not limited to:
(b)
The following provisions shall apply to municipally sponsored
and one-hundred-percent-affordable developments:
[1]
All sites shall meet the site suitability criteria
set forth in N.J.A.C. 5:97-3.13.
[2]
The municipality or developer/sponsor shall have
control or the ability to control the site(s).
[3]
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.
[4]
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.
D.
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.
(1)
Low/moderate split and bedroom distribution of affordable housing
units:
(a)
The fair share obligation shall be divided equally between low-
and moderate-income units, except that where there is an odd number
of affordable housing units, the extra unit shall be a low-income
unit.
(b)
In each affordable development, at least 50% of the restricted
units within each bedroom distribution shall be low-income units.
(c)
Affordable developments that are not age restricted shall be
structured in conjunction with realistic market demands such that:
[1]
The combined number of efficiency and one-bedroom
units shall be no greater than 20% of the total low- and moderate-income
units;
[2]
At least 30% of all low- and moderate-income units
shall be two-bedroom units;
[3]
At least 20% of all low- and moderate-income units
shall be three-bedroom units; and
[4]
The remaining units may be allocated among two-
and three-bedroom units at the discretion of the developer.
(d)
Affordable developments that are age restricted shall be structured
such that the number of bedrooms shall equal the number of age-restricted
low- and moderate-income units within the inclusionary development.
The standard may be met by having all one-bedroom units or by having
a two-bedroom unit for each efficiency unit.
(2)
Accessibility requirements:
(a)
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.
(b)
All restricted townhouse dwelling units and all restricted units
in other multistory buildings in which a restricted dwelling unit
is attached to at least one other dwelling unit shall have the following
features:
[1]
An adaptable toilet and bathing facility on the
first floor;
[2]
An adaptable kitchen on the first floor;
[3]
An interior accessible route of travel on the first
floor;
[4]
An interior accessible route of travel shall not
be required between stories within an individual unit;
[5]
An adaptable room that can be used as a bedroom,
with a door or the casing for the installation of a door, on the first
floor; and
[6]
An accessible entranceway as set forth at P.L.
2005, c. 350 (N.J.S.A. 52:27D-311a et seq.), and the Barrier Free
Subcode, N.J.A.C. 5:23-7 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:
[a]
Where a unit has been constructed with an adaptable
entrance, upon the request of a disabled person who is purchasing
or will reside in the dwelling unit, an accessible entrance shall
be installed.
[b]
To this end, the builder of restricted units shall
deposit funds within the 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.
(3)
Maximum rents and sales prices.
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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:
[1]
A studio shall be affordable to a one-person household;
[2]
A one-bedroom unit shall be affordable to a one-and-one-half-person
household;
[3]
A two-bedroom unit shall be affordable to a three-person
household;
[4]
A three-bedroom unit shall be affordable to a four-and-one-half-person
household; and
[5]
A four-bedroom unit shall be affordable to a six-person
household.
(f)
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:
(g)
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.
(h)
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.
(i)
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.
(j)
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.
(k)
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.
E.
Affirmative marketing requirements.[3]
(1)
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.
(2)
The affirmative marketing plan is a regional marketing strategy
designed to attract buyers and/or renters of all majority and minority
groups, regardless of race, creed, color, national origin, ancestry,
marital or familial status, gender, affectional or sexual orientation,
disability, age or number of children to housing units which are being
marketed by a developer, sponsor or owner of affordable housing. The
affirmative marketing plan is also intended to target those potentially
eligible persons who are least likely to apply for affordable units
in that region. It is a continuing program that directs all marketing
activities toward COAH Housing Region 2 and covers the period of deed
restriction.
(3)
The affirmative marketing plan shall provide a regional preference
for all households that live and/or work in COAH Housing Region 2,
comprised of Essex, Morris, Union and Warren Counties.
(4)
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.
(5)
In implementing the affirmative marketing plan, the administrative
agent shall provide a list of counseling services to low- and moderate-income
applicants on subjects such as budgeting, credit issues, mortgage
qualification, rental lease requirements and landlord/tenant law.
(6)
The affirmative marketing process for available affordable units
shall begin at least four months prior to the expected date of occupancy.
(7)
The costs of advertising and affirmative marketing of the affordable
units shall be the responsibility of the developer, sponsor or owner,
unless otherwise determined or agreed to by the Township of Blairstown.
F.
Occupancy standards.
(1)
In referring certified households to specific restricted units,
to the extent feasible, and without causing an undue delay in occupying
the unit, the administrative agent shall strive to:
(2)
Additional provisions related to occupancy standards (if any)
shall be provided in the municipal operating manual.
G.
Control periods for restricted ownership units and enforcement mechanisms.
(1)
Control periods for restricted ownership units shall be in accordance
with N.J.A.C. 5:80-26.5, as may be amended and supplemented, and each
restricted ownership unit shall remain subject to the requirements
of this section until the 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.
(2)
The affordability control period for a restricted ownership
unit shall commence on the date the initial certified household takes
title to the unit.
(3)
Prior to the issuance of the initial certificate of occupancy
for a restricted ownership unit and upon each successive sale during
the period of restricted ownership, the administrative agent shall
determine the restricted price for the unit and shall also determine
the nonrestricted, fair market value of the unit based on either an
appraisal or the unit's equalized assessed value.
(4)
At the time of the first sale of the unit, the purchaser shall
execute and deliver to the administrative agent a recapture note obligating
the purchaser (as well as the purchaser's heirs, successors and assigns)
to repay, upon the first nonexempt sale after the unit's release from
the requirements of this section, an amount equal to the difference
between the unit's nonrestricted fair market value and its restricted
price, and the recapture note shall be secured by a recapture lien
evidenced by a duly recorded mortgage on the unit.
(5)
The affordability controls set forth in this section shall remain
in effect despite the entry and enforcement of any judgment of foreclosure
with respect to restricted ownership units.
(6)
A restricted ownership unit shall be required to obtain a continuing
certificate of occupancy or a certified statement from the Construction
Official stating that the unit meets all code standards upon the first
transfer of title that follows the expiration of the applicable minimum
control period provided under N.J.A.C. 5:80-26.5(a), as may be amended
and supplemented.
H.
Price restrictions for restricted ownership units, homeowners' association
fees and resale prices. Price restrictions for restricted ownership
units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended
and supplemented, including:
(1)
The initial purchase price for a restricted ownership unit shall
be approved by the administrative agent.
(2)
The administrative agent shall approve all resale prices, in
writing, and in advance of the resale, to assure compliance with the
foregoing standards.
(3)
The method used to determine the condominium association fee
amounts and special assessments shall be indistinguishable between
the low- and moderate-income unit owners and the market unit owners.
(4)
The owners of restricted ownership units may apply to the administrative
agent to increase the maximum sales price for the unit on the basis
of capital improvements. Eligible capital improvements shall be those
that render the unit suitable for a larger household or the addition
of a bathroom.
I.
Buyer income eligibility.
(1)
Buyer income eligibility for restricted ownership units shall
be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented,
such that low-income ownership units shall be reserved for households
with a gross household income less than or equal to 50% of median
income, and moderate-income ownership units shall be reserved for
households with a gross household income less than 80% of median income.
(2)
The administrative agent shall certify a household as eligible
for a restricted ownership unit when the household is a low-income
household or a moderate-income household, as applicable to the unit,
and the estimated monthly housing cost for the particular unit (including
principal, interest, taxes, homeowner and private mortgage insurance
and condominium or homeowners' association fees, as applicable) does
not exceed 33% of the household's certified monthly income.
J.
Limitations on indebtedness secured by ownership unit; subordination.
(1)
Prior to incurring any indebtedness to be secured by a restricted
ownership unit, the administrative agent shall determine, in writing,
that the proposed indebtedness complies with the provisions of this
section.
(2)
With the exception of original purchase money mortgages, during
a control period, neither an owner nor a lender shall at any time
cause or permit the total indebtedness secured by a restricted ownership
unit to exceed 95% of the maximum allowable resale price of that unit,
as such price is determined by the administrative agent in accordance
with N.J.A.C. 5:80-26.6(b).
K.
Control periods for restricted rental units.
(1)
Control periods for restricted rental units shall be in accordance
with N.J.A.C. 5:80-26.11, as may be amended and supplemented, and
each restricted rental unit shall remain subject to the requirements
of this section until the 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.
(2)
Deeds of all real property that include restricted rental units
shall contain deed restriction language. The deed restriction shall
have priority over all mortgages on the property, and the deed restriction
shall be filed by the developer or seller with the records office
of the County of 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.
(3)
A restricted rental unit shall remain subject to the affordability
controls of this section, despite the occurrence of any of the following
events:
L.
Price restrictions for rental units; leases.
(1)
A written lease shall be required for all restricted rental
units, except for units in an assisted living residence, and tenants
shall be responsible for security deposits and the full amount of
the rent as stated on the lease. A copy of the current lease for each
restricted rental unit shall be provided to the administrative agent.
(2)
No additional fees or charges shall be added to the approved
rent (except, in the case of units in an assisted living residence,
to cover the customary charges for food and services) without the
express written approval of the administrative agent.
(3)
Application fees (including the charge for any credit check)
shall not exceed 5% of the monthly rent of the applicable restricted
unit and shall be payable to the administrative agent to be applied
to the costs of administering the controls applicable to the unit
as set forth in this section.
M.
Tenant income eligibility.
(1)
Tenant income eligibility shall be in accordance with N.J.A.C.
5:80-26.13, as may be amended and supplemented, and shall be determined
as follows:
(a)
Very low-income rental units shall be reserved for households
with a gross household income less than or equal to 30% of median
income.
(b)
Low-income rental units shall be reserved for households with
a gross household income less than or equal to 50% of median income.
(c)
Moderate-income rental units shall be reserved for households
with a gross household income less than 80% of median income.
(2)
The administrative agent shall certify a household as eligible
for a restricted rental unit when the household is a very low-income
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:
(a)
The household currently pays more than 35% (40% for households
eligible for age-restricted units) of its gross household income for
rent, and the proposed rent will reduce its housing costs;
(b)
The household has consistently paid more than 35% (40% for households
eligible for age-restricted units) of eligible monthly income for
rent in the past and has proven its ability to pay;
(c)
The household is currently in substandard or overcrowded living
conditions;
(d)
The household documents the existence of assets with which the
household proposes to supplement the rent payments; or
(e)
The household documents proposed third-party assistance from
an outside source such as a family member in a form acceptable to
the administrative agent and the owner of the unit.
N.
Administration.
(1)
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.
(a)
The MHL must be either a full-time or part-time employee of
the Township of Blairstown.
(b)
The person appointed as the MHL must be reported to COAH for
approval.
(c)
The MHL must meet all COAH requirements for qualifications,
including initial and periodic training.
(d)
The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for the Township
of Blairstown, including the following responsibilities which may
not be contracted out to the administrative agent:
[1]
Serving as the municipality's primary point of
contact for all inquiries from the state, affordable housing providers,
administrative agents and interested households;
[3]
When applicable, supervising any contracting administrative
agent;
[4]
Monitoring the status of all restricted units in
the Township of Blairstown's Fair Share Plan;
[5]
Compiling, verifying and submitting annual reports
as required by COAH;
[6]
Coordinating meetings with affordable housing providers
and administrative agents, as applicable; and
[7]
Attending continuing education opportunities on
affordability controls, compliance monitoring and affirmative marketing
as offered or approved by COAH.
(2)
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.
(3)
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).
(4)
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:
(a)
Attending continuing education opportunities on affordability
controls, compliance monitoring and affirmative marketing as offered
or approved by COAH;
(b)
Affirmative marketing;
(c)
Household certification;
(d)
Affordability controls;
(e)
Records retention;
(f)
Resale and rerental;
(g)
Processing requests from unit owners; and
(h)
Enforcement, though the ultimate responsibility for retaining
controls on the units rests with the municipality.
(5)
The administrative agent shall have authority to take all actions
necessary and appropriate to carry out its responsibilities hereunder.
O.
Enforcement of affordable housing regulations; violations and penalties.
(1)
Upon the occurrence of a breach of any of the regulations governing
the affordable unit by an owner, developer or tenant the municipality
shall have all remedies provided at law or equity, including but not
limited to foreclosure, tenant eviction, municipal fines, a requirement
for household recertification, acceleration of all sums due under
a mortgage, recoupment of any funds from a sale in the violation of
the regulations, injunctive relief to prevent further violation of
the regulations, entry on the premises and specific performance.
(2)
After providing written notice of a violation to an owner, developer
or tenant of a low- or moderate-income unit and advising the owner,
developer or tenant of the penalties for such violations, the municipality
may take the following action against the owner, developer or tenant
for any violation that remains uncured for a period of 60 days after
service of the written notice:
(a)
The municipality may file a court action pursuant to N.J.S.A.
2A:58-11 alleging a violation, or violations, of the regulations governing
the affordable housing unit. If the owner, developer or tenant is
found by the court to have violated any provision of the regulations
governing affordable housing units, the owner, developer or tenant
shall be subject to one or more of the following penalties, at the
discretion of the court:
[1]
A fine of not more than $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;
[2]
In the case of an owner who has rented his or her
low- or moderate-income unit in violation of the regulations governing
affordable housing units, payment into the Township of Blairstown
Affordable Housing Trust Fund of the gross amount of rent illegally
collected;
[3]
In the case of an owner who has rented his or her
low- or moderate-income unit in violation of the regulations governing
affordable housing units, payment of an innocent tenant's reasonable
relocation costs, as determined by the court.
(b)
The municipality may file a court action in the Superior Court
seeking a judgment which would result in the termination of the owner's
equity or other interest in the unit, in the nature of a mortgage
foreclosure. Any judgment shall be enforceable as if the same were
a judgment of default of the first purchase money mortgage and shall
constitute a lien against the low- and moderate-income unit.
(3)
Such judgment shall be enforceable, at the option of the municipality,
by means of an execution sale by the Sheriff, at which time the low-
and moderate-income unit of the violating owner shall be sold at a
sale price which is not less than the amount necessary to fully satisfy
and pay off any first purchase money mortgage and prior liens and
the costs of the enforcement proceedings incurred by the municipality,
including attorney's fees. The violating owner shall have the right
to possession terminated, as well as the title conveyed pursuant to
the Sheriff's sale.
(4)
The proceeds of the Sheriff's sale shall first be applied to
satisfy the first purchase money mortgage lien and any prior liens
upon the low- and moderate-income unit. The excess, if any, shall
be applied to reimburse the municipality for any and all costs and
expenses incurred in connection with either the court action resulting
in the judgment of violation or the Sheriff's sale. In the event that
the proceeds from the Sheriff's sale are insufficient to reimburse
the municipality in full as aforesaid, the violating owner shall be
personally responsible for and to the extent of such deficiency, in
addition to any and all costs incurred by the municipality in connection
with collecting such deficiency. In the event that a surplus remains
after satisfying all of the above, such surplus, if any, shall be
placed in escrow by the municipality for the owner and shall be held
in such escrow for a maximum period of two years or until such earlier
time as the owner shall make a claim with the municipality for such.
Failure of the owner to claim such balance within the two-year period
shall automatically result in a forfeiture of such balance to the
municipality. Any interest accrued or earned on such balance while
being held in escrow shall belong to and shall be paid to the municipality,
whether such balance shall be paid to the owner or forfeited to the
municipality.
(5)
Foreclosure by the municipality due to violation of the regulations
governing affordable housing units shall not extinguish the restrictions
of the regulations governing affordable housing units as the same
apply to the low- and moderate-income unit. Title shall be conveyed
to the purchaser at the Sheriff's sale, subject to the restrictions
and provisions of the regulations governing the affordable housing
unit. The owner determined to be in violation of the provisions of
this plan and from whom title and possession were taken by means of
the Sheriff's sale shall not be entitled to any right of redemption.
(6)
If there are no bidders at the Sheriff's sale, or if insufficient
amounts are bid to satisfy the first purchase money mortgage and any
prior liens, the municipality may acquire title to the low- and moderate-income
unit by satisfying the first purchase money mortgage and any prior
liens and crediting the violating owner with an amount equal to the
difference between the first purchase money mortgage and any prior
liens and costs of the enforcement proceedings, including legal fees
and the maximum resale price for which the low- and moderate-income
unit could have been sold under the terms of the regulations governing
affordable housing units. This excess shall be treated in the same
manner as the excess which would have been realized from an actual
sale as previously described.
(7)
Failure of the low- and moderate-income unit to be either sold
at the Sheriff's sale or acquired by the municipality shall obligate
the owner to accept an offer to purchase from any qualified purchaser
which may be referred to the owner by the municipality, with such
offer to purchase being equal to the maximum resale price of the low-
and moderate-income unit as permitted by the regulations governing
affordable housing units.
(8)
The owner shall remain fully obligated, responsible and liable
for complying with the terms and restrictions of governing affordable
housing units until such time as title is conveyed from the owner.
P.
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.
[Added 5-14-2008 by Ord. No. 2008-03]
A.
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.
B.
ADMINISTRATIVE AGENT
MUNICIPAL HOUSING LIAISON
Definitions. As used in this section, the following
terms shall have the meanings indicated:
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.
C.
Establishment of Municipal Housing Liaison position;
compensation; powers and duties.
(1)
Establishment of position of Municipal Housing Liaison.
There is hereby established the position of Municipal Housing Liaison
for Blairstown Township.
(2)
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.
(3)
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:
(a)
Serving as Blairstown's primary point of contact
for all inquiries from the state, affordable housing providers, administrative
agents, and interested households;
(b)
Monitoring the status of all restricted units
in Blairstown's Fair Share Plan;
(c)
Compiling, verifying, and submitting annual
reports as required by COAH;
(d)
Coordinating meetings with affordable housing
providers and administrative agents, as applicable;
(e)
Attending continuing education opportunities
on affordability controls, compliance monitoring, and affirmative
marketing as offered or approved by COAH;
(4)
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.
(5)
Compensation. Compensation shall be fixed by the governing
body at the time of the appointment of the Municipal Housing Liaison.
(6)
Administrative powers and duties assigned to the Municipal
Housing Liaison are as follows:
(a)
Household certification.
[1]
Soliciting, scheduling, conducting and following
up on interviews with interested households;
[2]
Conducting interviews and obtaining sufficient
documentation of gross income and assets upon which to base a determination
of income eligibility for a low- or moderate-income unit;
[3]
Providing written notification to each applicant
as to the determination of eligibility or noneligibility;
[4]
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.;
[5]
Creating and maintaining a referral list of
eligible applicant households living in the housing region and eligible
applicant households with members working in the housing region where
the units are located; and
[6]
Employing the random selection process as provided
in the affirmative marketing plan of Blairstown Township when referring
households for certification to affordable units.
(b)
Affordability controls.
[1]
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;
[2]
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;
[3]
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;
[4]
Communicating with lenders regarding foreclosures;
and
[5]
Ensuring the issuance of continuing certificates
of occupancy or certifications pursuant to N.J.A.C. 5:80-26.10.
(c)
Resale and rental.
[1]
Instituting and maintaining an effective means
of communicating information between owners and the administrative
agent regarding the availability of restricted units for resale or
rerental.
[2]
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.
(d)
Processing request from unit owners.
[1]
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;
[2]
Reviewing and approving requests to increase
sales prices from owners of restricted units who wish to make capital
improvements to the units that would affect the selling price, such
authorizations to be limited to those improvements resulting in additional
bedrooms or bathrooms and the cost of central air conditioning systems;
and
[3]
Processing requests and making determinations
on requests by owners of restricted units for hardship waivers.
(e)
Enforcement.
[1]
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;
[2]
Securing from all developers and sponsors of
restricted units, at the earliest point of contact in the processing
of the project or development, written acknowledgement of the requirement
that no restricted unit can be offered, or in any other way committed,
to any person, other than a household duly certified to the unit by
the administrative agent;
[3]
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;
[4]
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;
[5]
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;
[6]
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.
(f)
Affirmative marketing.[2]
[Added 4-27-2009 by Ord. No. 2009-05]
[1]
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
[2]
Providing counseling or contracting to provide counseling services
to low- and moderate-income applicants on subjects such as budgeting,
credit issues, mortgage qualification, rental lease requirements and
landlord/tenant law.
(g)
The administrative agent shall have the authority
to take all actions necessary and appropriate to carry out its responsibilities
hereunder.
[1]
Editor's Note: See also § 19-609.1N(1).
[Added 5-14-2008 by Ord. No. 2008-02]
A.
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.
B.
SOLAR ENERGY SYSTEM
Definitions. As used in this section, the following
terms shall have the meanings indicated:
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.
C.
Siting standards.
(1)
Residential requirements.
(a)
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.
(b)
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.
(c)
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.
(2)
Nonresidential requirements.
(a)
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.
(b)
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.
(c)
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.
(3)
Agricultural.
(a)
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.
(b)
Ground.
[1]
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.
[2]
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.
(c)
Architectural considerations. Exposed hardware,
frames, supporting structures, and piping shall be finished in nonreflective
surfaces and consistent with the color scheme of the principal single-
family residence or the nearest abutting agricultural building.
D.
All residential and nonresidential solar energy systems
or structures shall comply with the setback requirements of the zone
district in which they are located.
E.
If, in the opinion of the Zoning Officer, the installation
of the solar energy collection systems does not satisfy the provisions
of this section, he shall refer said application for a minor site
plan application before the appropriate board of the Township of Blairstown.
