A.
The provisions of this section shall be held to be minimum requirements.
Where this chapter imposes a greater restriction than other provisions
of law, the provisions of this chapter shall control. Where other
provisions of law require greater restrictions than this chapter,
the provisions of such other laws shall control.
B.
Zoning district lines are intended to follow street center lines,
streams and lot or property lines unless otherwise indicated by dimensions
on the map. Dimensions are in feet, measured horizontally and measured
from the street right-of-way lines or railroad right-of-way line even
if the center line of that street serves as a district line. The location
of any disputed zoning line shall be determined by the Planning Board.
District lines extend vertically in both directions from ground level.
[Amended 10-28-2014 by Ord. No. 22-2014]
C.
Compliance.[1]
(1)
All zoning requirements shall be met at the time of any erection,
enlargement, moving or change in use. If a new structure is added
to an existing complex of structures or if an existing structure has
an addition, the site plan provisions of this chapter shall apply
to the enlargement or new structure.
(2)
All developments resulting from subdivision and site plan approvals
shall comply with all the design and performance standards, including
conditions imposed by the approving authority as shown on the approved
plat and/or included in the resolution adopted by the approving authority.
D.
Prohibited uses. All uses not expressly permitted in this section
are prohibited, specifically but not limited to solid waste facilities,
which are not permitted within any zone district hereafter referred
to.
E.
Vacating a street or other public way. Where a street or public way
serves as the zoning district line and it is lawfully vacated, the
former center line shall be considered the zoning district line.
F.
Zoning districts and map. The zoning districts and the Combe Fill
Redevelopment Overlay Zone shall be as shown on the map prepared by
Van Cleef Engineering, as revised and as enumerated in the Schedule
of Limitations, both made part of this chapter.[2]
[Amended 10-1-2019 by Ord. No. 19-2019]
[2]
Editor's Note: The Zoning Map is on file in the Township offices. The Schedule of Limitations is included as an attachment to this chapter.
[Amended 1-28-2003 by Ord. No. 7-2003]
Any accessory building or structure attached to a principal
building is part of the principal building and shall adhere to the
yard requirements for the principal building. No building permit shall
be issued for an accessory building or structure prior to the issuance
of a building permit for the principal building, and construction
of the principal building shall precede and coincide with the construction
of the accessory building or structure; otherwise, the building permit
for the accessory building or structure may be revoked. The accessory
building or structure shall be compatible in appearance with the area
in which it is located.
[Amended 4-11-1995 by Ord. No. 8-95]
A.
ADULT ENTERTAINMENT
(1)
(2)
(3)
PERSON
SPECIFIED ANATOMICAL AREA
SPECIFIED SEXUAL ACTIVITY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A commercial establishment which as one of its principal business
purposes offers for sale, rental or display any of the following:
books, magazines, periodicals or other printed material or photographs,
films, motion pictures, video cassettes, slides or other visual representations
which depict or describe a specified sexual activity or specified
anatomical area or still or motion picture machines, projectors or
other image producing devices which show images to one person per
machine at any one time and where the images so displayed are characterized
by the depiction of a specified sexual activity or specified anatomical
area or instruments, devices or paraphernalia which are designed for
use in connection with a specified sexual activity;
A commercial establishment which regularly features waiters,
waitresses, dancers or other live performances characterized by the
exposure of a specified anatomical area or by a specified sexual activity
or which shows films, motion pictures, video cassettes, slides or
other photographic representations which depict or describe a specified
sexual activity or specified anatomical area; or
A hotel, motel or similar commercial establishment which offers
accommodations to the public for any form of consideration and which
provides patrons with closed circuit television transmissions, films,
motion pictures, video cassettes, slides or other visual representations
which depict or describe a specified sexual activity or specified
anatomical area and has a sign visible from a public right-of-way
which advertises the availability of these visual representations
or offers a sleeping room for rent for a period of time that is less
than 10 hours or allows an occupant of a sleeping room to subrent
the room for a period of time that is less than 10 hours.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
B.
Restrictions.
(1)
No person shall operate adult entertainment facilities, except in
the C-1 Zone and only then if the facilities are not less than 1,000
feet from another adult entertainment facility or any church, synagogue,
temple or other place of public worship or of any elementary or secondary
school or any school bus stop or any municipal or county playground
or place of public resort and recreation or within 1,000 feet of any
lands zoned for residential use or within 1,000 feet of a public or
private recreational facility, including but not limited to bowling
alleys, skating rinks, pool parlors, video arcades or similar enterprises
catering to or frequently attended by minors under the age of 18 years.
This subsection shall not apply to a sexually oriented business already
lawfully operating on the effective date of this section where another
sexually oriented business, an elementary or secondary school or school
bus stop or any municipal or county playground or piece of public
resort and recreation is subsequently established within 1,000 feet
or a residential district or residential lot is subsequently established
within 500 feet.
(2)
Every sexually oriented business shall be surrounded by a perimeter
buffer of at least 50 feet in width, consisting of plantings to the
satisfaction of the municipal Planning Board. This subsection shall
not apply to a sexually oriented business already lawfully operating
on the effective date of this section.
(3)
No sexually oriented business which regularly shows films, motion
pictures, video cassettes, slides or other photographic representations
which depict or describe a specified sexual activity or specified
anatomical area shall offer for public use any private booths, screens,
enclosures or other devices which facilitate sexual activity by patrons.
(4)
A sexually oriented business shall display one exterior sign giving
notice that the premises are off limits to minors.
C.
Violations and penalties. Any person, firm or corporation violating
any of the provisions of this section shall be subject to one or more
of the following. Each day of operation shall constitute a separate
violation. Penalties include imprisonment in the county jail or in
any other place provided by the municipality for the detention of
prisoners for any term not exceeding 90 days or by a fine not exceeding
$1,000 or by a period of community service not exceeding 90 days,
to become effective on the effective date of this section.
No apartments or townhouses shall be erected unless a public
or private central water supply and a central sanitary sewer system
are provided as approved by the appropriate state, county and local
regulatory agencies and until the site plan has been reviewed and
approved by the approving authority.
A.
Each overall development shall have a compatible architectural and
landscaping theme with variation in design to provide attractiveness
to the development. Each project shall specify how each of the following
considerations has been incorporated in the overall plans: landscaping
techniques; building orientation to the site and to other structures;
topography; natural features, such as wooded areas, drainage courses,
soil conditions and topographic relief; and building design features,
such as varying unit widths, staggering unit setbacks, providing different
exterior materials, changing roof lines and roof designs, altering
building heights and changing types of windows, shutters, doors, porches,
colors and vertical or horizontal orientation of the facades, singularly
or in combination. In the case of housing built to satisfy the needs
of low-income households, specific cost-saving features shall be described
in the submission for approval; and there shall be no requirement
imposed for architectural variation unless it can be accomplished
without added cost to the household.
B.
Configuration and openings.
(2)
Any passageway between two structures which has a roof attached to
both structures shall be included in calculating these lengths.
(3)
Structures, as measured along the center line, shall provide one opening at ground level at least every 200 feet. This opening shall be a minimum of 15 feet in clear width and a minimum of 10 feet in clear height and located so that the floor level is at an elevation not more than eight inches above or below the finished grade of the adjoining ground. The configuration of townhouse structures may be any alignment that meets the yard requirements but has not less than four nor more than eight units in one overall structure. These standards shall not apply in the R-5ML Zone or the R-3SC Zone. See § 550-86, entitled "Affordable housing," and the R-5ML Zone District and R-3SC Zone District for the standards applicable in said zones.
C.
No complete dwelling unit shall be located lower than the finished
grade along the front of the structure.
D.
All required conservation and recreation open space shall be improved
for the purposes intended as shown on the plan.
E.
No apartment development shall exceed a design density of 12 dwelling
units per acre on that portion of the tract devoted to dwelling units,
parking, required open space and yards. No townhouse shall exceed
a design density of six dwelling units per acre on that portion of
the tract devoted to dwelling units, parking, required open space
and yards. The gross density shall be as set forth in each zoning
district.
F.
Active recreational facilities within an apartment or townhouse development
may be located either in the designated recreation open space or within
the yard areas of each structure, notwithstanding the fact that the
recreational facilities may overlap imaginary yard lines used to establish
the minimum distance between structures under this article. The specific
location of any recreational facilities shall give consideration to
the proximity of structures, the type of recreational facility proposed,
the expected noise level and evening illumination which may create
a possible nuisance for residents and the expected pedestrian and
bicycle traffic across major interior roads or driveways.
G.
All proposed apartment/townhouse/condominium developments and/or
expansions of the same must provide a reasonably sized storage area
for the collection and storage of recyclable materials generated by
the residents of said complex. The storage area must be lockable,
covered and in a location convenient to all residents of the complex.
Fences and walls shall not be located in any required sight
triangle.
A.
Height and construction requirements; definition.
[Amended 3-23-1999 by Ord. No. 7-99; 10-23-2007 by Ord. No. 42-2007]
(1)
No fence or wall shall be erected, altered or constructed in any
residential zone which shall exceed six feet in height above ground
level, except as otherwise provided by ordinance; no closed type or
chain link fence shall be erected within the front yard setback; all
such fences or walls shall be located within the boundary lines of
the premises intended to be fenced or walled. Ornamental fencing,
such as wrought iron, open picket or post and rail, may be permitted
within the front yard setback. For preexisting nonconforming dwellings
in a residential district, a fence or wall no greater than six feet
in height may be constructed or maintained at a point no closer to
the front lot line than the front foundation wall of the principal
building.
In the case of corner lots or through lots, the front yard may be designated as that area situate in front of the house and the other street frontage( s) may be designated as a side yard( s) for purposes of locating fencing. Subject to requirements for sight triangle easement as set forth in § 550-62 of this chapter, closed type fencing may be permitted in the side yard(s) as designated for corner and through lots.
[Amended 4-28-2009 by Ord. No. 8-2009; 2-28-2017 by Ord. No. 6-2017; 11-24-2020 by Ord. No. 24-2020]
(2)
No fence or wall shall be erected, altered or constructed in any
nonresidential zone which shall exceed six feet in height above ground
level.
(3)
Notwithstanding the above provisions, if it is demonstrated that
a retaining wall of a height greater than six feet is necessary, said
retaining wall shall be terraced in four-foot increments and the horizontal
distance between walls shall be a minimum distance of 10 feet.
(4)
Plantings shall be provided between terraced walls which will not
impair the integrity of the walls.
(5)
All retaining walls in excess of six feet shall be properly designed
by a licensed professional engineer in the State of New Jersey and
shall include proper drainage behind the walls. All retaining walls
should be installed beyond the limits of the municipal right-of-way.
(6)
The height restriction listed above shall not prohibit the erection
or location of a fence surrounding a tennis court or courts up to
a height of 10 feet above ground level. Moreover, fences around public
or semipublic recreational facilities, including tennis courts, may
be permitted to exceed 10 feet in height, at the discretion of the
Township Planning Board, when required for either the safety, health
or general welfare of the community or the reasonable use of such
facilities.
(7)
The finished side of a fence shall face adjoining properties. Fence
posts that are unfinished, and any other structural component of the
fence, shall be installed facing the subject property rather than
an adjoining property.
(8)
The provisions of § 550-62 of this chapter concerning visibility at intersections shall be complied with in regard to fences and walls.
(9)
A "closed fence or wall" shall mean any fence or wall with open space
between members of less than 45% of the width of the members.
(10)
Postholes for fences shall be dug below the frost level, not
less than 30 inches deep, as approved by the Township Building Inspector.
(11)
Notwithstanding the restrictions contained above, a through lot, as defined in § 550-54D of this chapter, shall be permitted a closed-type fence or wall no greater than six feet in height along that portion of the lot having frontage upon a collector or arterial road as designated in the Circulation Element of the Township's Master Plan.
B.
In-ground swimming pool enclosures.
(1)
Every in-ground swimming pool, except as herein otherwise provided,
shall be completely surrounded by a fence or wall not less than four
feet in height above ground level, which shall be so constructed that
it shall not have openings, holes or gaps larger than four inches
in any dimension, except for doors and gates; and if a picket fence
is erected or maintained, the horizontal dimension shall not exceed
four inches. Said fence or wall shall be constructed a distance of
at least three feet from the outside edge of the swimming pool. A
dwelling house or accessory building may be used as part of such enclosure.
All gates or doors opening through such enclosure shall be equipped
with a self-closing and self-latching device for keeping the gate
or door securely closed at all times when not in actual use, except
that the door of any dwelling which forms part of the enclosure need
not be so equipped. Said enclosure and any gate or door thereof shall
be so designed and constructed as to reasonably prevent any person
from gaining access under the same to the pool and shall be kept securely
locked at all times when the pool is not in use. All in-ground pools
covered by the provisions of this chapter shall be provided with an
enclosing fence or wall and gate as required herein within 90 days
of the date of final adoption of this chapter.
(2)
Notwithstanding anything contained in this chapter to the contrary,
this chapter shall not apply to any in-ground pool which is no closer
than 250 feet to any boundary line.
C.
Aboveground swimming pool enclosures.
(1)
Every person who owns or is in possession of any premises on which there is situated an aboveground swimming pool or wading pool (herein referred to as a "pool"), any portion of which is 18 inches deep or more, shall install and maintain on the lot or premises and completely surrounding such pool or body of water a permanent fence of durable material at least four feet in height which shall be so constructed as to comply with Subsection B.
(2)
All doors or gates used in conjunction with the fence shall meet
the same specifications as the fence itself and shall be of such size
as to completely fill any opening in the fence.
(3)
All doors or gates shall be equipped with self-closing and self-latching
devices and shall be kept closed and securely latched at all times
when the pool is not in use.
(4)
Nothing in this chapter shall apply to aboveground pools having sides
extending four feet or more above grade, provided that the stairs
or other means of access to the pool are removed when not in use or
are effectively closed with a gate, as provided above, which shall
be closed and securely latched when such pool is not in use.
(5)
All other aboveground pools greater than 18 inches deep, unless enclosed
by a fence of the type and dimensions hereinabove specified, shall
be either emptied when not in use or attended or covered with a suitable
strong protective covering, securely fastened or locked in place when
not in use or attended and strong enough to hold a child of 100 pounds'
weight.
(6)
The provisions of this chapter shall apply to private aboveground
swimming pools now existing and to private aboveground swimming pools
hereafter constructed; provided, however, that as to private swimming
pools now existing and not enclosed by a fence, there is hereby established
a period of 90 days from the effective date hereof within which to
construct such fence.
(7)
Notwithstanding anything contained in this chapter to the contrary,
this chapter shall not apply to any of the following:
D.
Use of existing fences or walls. With the exception of fences or
walls surrounding in-ground swimming pools, any fence or wall existing
at the time of passage of this chapter, which may be in violation
of the chapter in respect only to the height and type of fence or
wall, may be permitted to be continued.
E.
Violations and penalties. Any person, persons, firm, firms or corporation
violating the provisions of this chapter shall, upon conviction thereof,
be fined not more than the sum of $200 or be imprisoned in the county
jail for a term not exceeding 30 days, or both, in the discretion
of the Judge imposing the sentence; and each day that a violation
is permitted to exist shall constitute a separate offense.
[Amended 3-23-1999 by Ord. No. 7-99; 11-9-2004 by Ord. No. 34-2004]
Mechanical equipment and structures housing such mechanical equipment shall be permitted to extend above maximum heights set forth in this chapter. The height for any structure housing mechanical equipment shall not exceed that which is necessary to serve the intended purpose as established on plans containing all pertinent details prepared by a licensed engineer pursuant to a development application or a zoning permit application as provided for in this chapter. The approving authority may require a parapet or other like screening device to screen the audio and visual impacts resulting from mechanical equipment situate on the roof of a building or structure. Where a parapet or similar structural device is required by the approving authority, it shall extend to a height no greater than 20% of the applicable maximum height of the principal structure or building set, forth in this chapter. Freestanding structures which are accessory to the principal permitted use, such as silos, windmills, water storage tanks and flagpoles, shall be permitted to exceed the height limits of the chapter, provided that the structure is not located in the required front yard and is set back from all property lines a minimum of the height of the structures. Telecommunications towers and/or antennas shall be subject to the standards contained in Article VII, § 550-101 of this chapter.
[Added 12-20-2000 by Ord. No. 49-2000]
A.
Statement of purpose. The purpose of this section is to protect property
from flooding; to reduce land development impacts on stream water
quality and flows; to protect existing natural drainage features;
to protect other's rights within the same watershed from adverse effects
of improper stream corridor development; and to provide recreation
and wildlife migration corridors.
B.
Stream corridor buffers. All residential and nonresidential subdivisions,
including minor subdivisions, and all site plans, both residential
and nonresidential, shall provide for a stream corridor buffer as
part of the development scheme. Stream corridor buffers shall have
a width of 100 feet on each side of all stream corridors, and no building
or structure, including driveways or parking areas, whether pervious
or impervious, shall be erected within any stream corridor or stream
corridor buffer. No septic system shall be located within any stream
corridor, or stream corridor buffer, and in no case closer than 100
feet of the top of bank of any stream.
C.
Information required. The following information shall be supplied
for any development within a stream corridor and buffer. Such information
shall be in addition to information required for site plan or subdivision
review.
(2)
A plan indicating the disposition of any materials proposed to be
deposited or removed by the grading or regrading of land.
(3)
A demonstration of how suitable techniques, including erosion and
soil stabilization measures, sediment traps and nutrient control by
vegetation filters or other mechanisms will be incorporated to protect
the stream.
D.
Vegetation requirements. Where the lands proposed for development
include a portion of the stream corridor, a condition of any major
subdivision or major site plan approval shall be the vegetation or
revegetation of any portions of the required stream corridor buffer
which are not vegetated at the time of the application or which were
disturbed by prior land uses, such as agriculture. The Planning Board
shall approve a vegetation plan, which utilizes native tree and plant
species.
E.
Drainage and conservation easements. The drainage and conservation
easement requirements of this chapter shall be followed in addition
to the requirements for stream corridor buffers.
F.
Permitted activities. The Planning Board may permit the following
activities within the stream buffer area, subject to review and approval.
[Amended 10-28-2014 by Ord. No. 22-2014]
(1)
Recreational use, whether open to the public or restricted to private
membership, which is specifically related to the stream corridor and
is water dependent.
(2)
Dams, culverts and bridges that have received approval from the appropriate
municipal, county and state agencies having such authority.
G.
Waivers. The Planning Board may waive the stream corridor buffer
requirements of this section if the Board has jurisdiction with respect
to site plan, subdivision or bulk variance review and approval. Said
waiver(s) must demonstrate good cause, such as, but not limited to,
permit additions to existing buildings or structures which are located
within the stream corridor or buffer. Waivers granted under this subsection
shall be subject to other requirements of this chapter or those of
the Morris County Soil Conservation District or the New Jersey Department
of Environmental Protection with regard to flood hazard controls,
soil erosion control measures, stream encroachment and freshwater
wetlands regulations.
[Amended 10-28-2014 by Ord. No. 22-2014]
[1]
Editor's Note: Former § 400-83, Historic preservation
districts, was repealed 3-23-1999 by Ord. No. 7-99.
A.
Where there are two or more contiguous lots under the same ownership,
regardless of whether or not each may have been approved as a subdivision,
acquired by separate conveyance or by other operation of law, and
one or more of said lots should not conform to the area and/or dimension
requirements for the zone in which it is located, the contiguous lots
shall be considered as a single lot and the provisions of this chapter
shall apply.
B.
Whenever land is dedicated or conveyed to the municipality by the
owner of a lot existing at the effective date of this chapter or in
the future and such dedication or conveyance was done in order to
meet the minimum street width requirements or to implement the Official
Map or Master Plan, the Zoning Officer shall not withhold a building
and/or occupancy permit when lot depth and/or area was rendered substandard
due to such dedication and where the owner has no adjacent lands to
meet the minimum requirements.
C.
A single-family residential lot created after the adoption of this subsection shall contain at least 75% of noncritical contiguous land area with direct access to an existing or proposed street. Land area classified as critical shall be in accordance with § 550-39 of this chapter. The approving authority shall reserve the right to permit a stormwater basin(s) and/or related appurtenances within a residential lot; however, said structures shall not be located within the applicable building envelope.
[Added 11-9-2004 by Ord. No. 34-2004]
[Amended 5-25-1995 by Ord. No. 11-95; 5-9-1006 by Ord. No. 16-2006; 6-26-2007 by Ord. No. 27-2007; 10-28-2014 by Ord. No. 22-2014; 2-13-2018 by Ord. No. 4-2018]
A.
95/5 UNIT
ADMINISTRATIVE AGENT
AFFORDABILITY AVERAGE
AFFORDABLE
AFFORDABLE DEVELOPMENT
AGE-RESTRICTED UNIT
AGENCY
ASSISTED LIVING RESIDENCE
BALANCED HOUSING
CERTIFIED HOUSEHOLD
COAH
DCA
FAIR SHARE ROUND
HAS
INCLUSIONARY DEVELOPMENT
LOW-INCOME HOUSEHOLD
LOW-INCOME UNIT
MEDIAN INCOME
MODERATE-INCOME HOUSEHOLD
MODERATE-INCOME UNIT
MONI
MUNICIPAL HOUSING LIAISON
NONEXEMPT SALE
RANDOM SELECTION PROCESS
REGIONAL ASSET LIMIT
RENT
RESTRICTED UNIT
SETTLEMENT AGREEMENT
UHORP
VERY-LOW-INCOME HOUSEHOLD
VERY-LOW-INCOME UNIT
Definitions. The following words and terms, when used in this section,
shall have the following meanings:
A restricted ownership unit that is part of a housing element
that received substantive certification from COAH pursuant to N.J.A.C.
5:93 before October 1, 2001.
The entity responsible for administering the affordability
controls of this section with respect to specific restricted units,
as designated pursuant to N.J.A.C. 5:80-26.14.
An average of the percentage of median income at which restricted
units in an affordable development are affordable to low- and moderate-income
households.
In the case of an ownership unit, the sales price for the
unit conforms to the standards set forth in N.J.A.C. 5:80-26.6 and,
in the case of a rental unit, the rent for the unit conforms to the
standards set forth in N.J.A.C. 5:80-26.12.
A housing development, all or a portion of which consists
of restricted units.
A housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
where the head of the household is a minimum age of either 62 years,
or 55 years and meets the provisions of 42 U.S.C. § 3601
et seq., except that due to death, a remaining spouse of less than
55 years of age shall be permitted to continue to reside.
The New Jersey Housing and Mortgage Finance Agency established
by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.) and in, but not of,
the DCA.
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 offer, at a minimum, one unfurnished room, a private bathroom,
a kitchenette and a lockable door on the unit entrance.
The Neighborhood Preservation Balanced Housing Program of
the DCA as set forth at N.J.S.A. 52:27D-320 and N.J.A.C. 5:43.
A household that has been certified by an administrative
agent as a low-income household or moderate-income household.
The Council on Affordable Housing in, but not of, the DCA,
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.
Any one of three periods in time during which the Council
established municipal obligations to provide affordable housing, and
the first round was from 1987 to 1993 and the second period was from
1993 to 1997 and the third is for 1999 to 2025.
The Housing Affordability Service, formerly known as the
"Affordable Housing Management Service," in the Department of Community
Affairs, Division of Housing.
A development containing both affordable units and market
rate units. This term includes, but is not limited to: new construction,
the conversion of a nonresidential building or structure to residential
use, in whole or in part, and the creation of new affordable units
through the gut rehabilitation or reconstruction of a vacant residential
building or structure.
A household with a total gross annual household income equal
to 50% or less of the median income.
A restricted unit that is affordable to a low-income household.
The median income by household size for an applicable county,
as adopted annually by COAH or by HUD as approved by New Jersey Superior
Court.
A household with a total gross annual household income in
excess of 50% but less than 80% of the median income.
A restricted unit that is affordable to a moderate-income
household.
The Agency's Market Oriented Neighborhood Investment Program,
as it may be authorized from time to time by the Agency.
The employee charged by the governing body with the responsibility
for oversight and administration of the affordable housing program
for the Township of Mount Olive.
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 affordable to a four-person household
with an income at or above 80% of the regional median as defined by
the Council's annually adopted income limits.
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,
but does not include a market-rate unit financed under UHORP or MONI.
Agreement approved on July 20, 2017, between the Township
of Mount Olive and the Fair Share Housing Center re: In the Matter
of the Township of Mount Olive, County of Morris, Docket No. MRS-L-1634-15.
The Agency's Urban Homeownership Recovery Program.
A household with a total gross annual household income equal
to 30% or less of the regional median household income by household
size.
A restricted unit that is affordable to a very-low-income
household.
B.
Municipal fair share obligation. As set forth in the settlement agreement,
the fair share obligation in the Township consists of a one-hundred-and-thirty-nine-unit
rehabilitation obligation, a forty-five-unit prior round obligation,
and a prospective need of 634 units.
C.
Compliance with settlement agreement. The Township shall comply with
the terms and conditions as set forth in the settlement agreement
(In the Matter of the Township of Mount Olive, County of Morris, Docket
No. MRS-L-1634-15) dated July 20, 2017, between the Township and the
Fair Share Housing Center.
D.
Minimum standards. The following shall be the minimal standards that
apply to any developments that contain proposed low-, very low-, and
moderate-income units, and any future developments that may occur,
including any low-, very low-, and moderate-income units built as
a result of the development of affordable units within the Township's
R-6, R-7 and FTZ-4 Inclusionary Housing Zone Districts or resulting
from any administrative agency approval containing affordable housing
units. All units shall include the required bedroom distribution and
be governed by controls on affordability and affirmatively marketed
in conformance with the Uniform Housing Affordability Controls, N.J.A.C.
5:80-26.1 et seq., or any successor regulation.
(1)
Construction phasing for affordable housing. All development containing
affordable housing shall be developed in accordance with the following
schedule:
Percentage of Market-Rate Units Completed
|
Minimum Percentage of Low- and Moderate-Income Units Completed
|
---|---|
25
|
0
|
25+1
|
10
|
50
|
50
|
75
|
75
|
90
|
100
|
(2)
Bedroom distribution of affordable housing units. All development
containing affordable housing shall be developed in accordance with
the following unit type distribution:
(a)
The fair share obligation shall be divided equally between low-
and moderate-income households.
(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 is no
greater than 20% of the total low- and moderate-income units;
[2]
At least 30% of all low- and moderate-income units are two-bedroom
units;
[3]
At least 20% of all low- and moderate-income units are three-bedroom
units; and
[4]
The remainder may be allocated at the discretion of the developer.
[5]
Age-restricted low- and moderate-income units may utilize a
modified bedroom distribution and, at a minimum, the number of bedrooms
shall equal the number of age-restricted low- and moderate-income
units within the affordable development.
(4)
Design standards. Affordable units shall be designed to include all
amenities, facade treatments and living area found in comparable market-rate
units located within the same development. In the event a development
contains both age-restricted units and low- and moderate-income family
units, the developer may provide separate recreational facilities
for the low- and moderate-income units in accordance with the standards
set forth in this chapter.
(5)
Maximum rents and sales prices. All affordable units shall comply
with the following standards:
(a)
The Township hereby establishes that the maximum rent for affordable
units within each affordable development shall be affordable to households
earning no more than 60% of median income and the average rent for
low- and moderate-income units shall be affordable to households earning
no more than 52% of median income.
(b)
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, provided that 13% of affordable
units in such projects shall be required to be at 30% of median income.
(c)
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 and, 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.
(d)
The provisions of this section shall not apply to affordable
developments financed under UHORP or MONI or to assisted living residences,
which shall comply with applicable Agency policies, guidelines and
regulations.
(6)
Utilities.
(a)
Affordable units shall utilize the same type of heating source
as market units within the affordable development.
(b)
Those 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.
(7)
Occupancy standards. Occupancy standards for affordable housing units
are pursuant to N.J.A.C. 5:80-26.4.
E.
Control periods for ownership and rental units and enforcement mechanisms.
(1)
Control periods for ownership units are pursuant to N.J.A.C. 5:80-26.5
and each restricted ownership unit shall remain subject to the requirements
of this section until the Township elects to release the unit from
such requirements pursuant to action taken in compliance with N.J.A.C.
5:80-26.1 et seq., 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
et seq. for at least 30 years.
(a)
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.
(b)
All conveyances of restricted ownership units shall be made
by deeds and restrictive covenants pursuant to N.J.A.C. 5:80-26.1
et seq., and each purchaser of a 95/5 unit, in addition, shall execute
a note and mortgage, incorporated herein by reference.
(c)
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.
(2)
Price restrictions for ownership units and resale prices. Price restrictions
for ownership units are pursuant to N.J.A.C. 5:80-26.1 et seq., including:
(a)
The initial purchase price for a restricted ownership unit shall
be approved by the administrative agent. The initial purchase price
for all restricted ownership units except those financed under UHORP
or MONI shall be calculated so that the monthly carrying costs 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 an appropriate household size as determined
under N.J.A.C. 5:80-26.4; provided, however, that the price shall
be subject to the affordability average requirement of N.J.A.C. 5:80-26.3.
(b)
The initial purchase price of a restricted ownership unit financed
under UHORP or MONI shall be calculated so that the monthly carrying
costs 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 a household whose income does not
exceed 45% of median income, in the case of a low-income unit, or
72% of median income, in the case of a moderate-income unit, and that
is of an appropriate household size as determined under N.J.A.C. 5:80-26.4.
(c)
The administrative agent shall approve all resale prices, in
writing and in advance of the resale, to assure compliance with the
foregoing standards.
(d)
The master deeds of affordable developments shall provide no
distinction between the condominium or homeowners' association fees
and special assessments paid by low- and moderate-income purchasers
and those paid by market purchasers, although condominium units subject
to a municipal ordinance adopted before October 1, 2001, which provides
for condominium or homeowners' association fees and/or assessments
different from those provided for in this subsection, shall have such
fees and assessments governed by said ordinance.
(e)
The owners of 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 that adds
an additional bathroom.
(3)
Buyer income eligibility. Buyer income eligibility for ownership
units is pursuant to N.J.A.C. 5:80-26.7, 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.
(a)
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 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 eligible monthly income.
(b)
A restricted ownership unit shall be required to obtain a continuing
certificate of occupancy or a certified statement from the Municipal
Building Inspector 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).
(4)
Rental units control period. Each restricted rental unit shall remain
subject to the requirements of this section until the Township elects
to release the unit from such requirements; however, prior to such
a municipal election, a restricted rental unit must remain subject
to the requirements of this section for a period of at least 30 years.
(a)
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, and a copy of the filed document shall be provided
to the administrative agent within 30 days of the receipt of a certificate
of occupancy.
(b)
A restricted rental unit shall remain subject to the affordability
controls of this section, despite the occurrence of any of the following
events:
(5)
Price restrictions for rental units and rent increase. The initial
rent for a restricted rental unit shall be approved by the administrative
agent and 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; provided, however, that the rent shall be subject
to the affordability average requirement of N.J.A.C. 5:80-26.3.
(a)
Rents may be increased annually based on the Housing Consumer
Price Index for the United States, and these figures are published
annually by COAH or by HUD as approved by New Jersey Superior Court.
Rents may not be increased more than once a year.
(b)
A written lease is required for all restricted rental units,
except for units in an assisted living residence, and tenants are
responsible for security deposits and the full amount of the rent
as stated on the lease.
(c)
No additional fees or charges may be added to the approved rent
(except, in the case of units in an assisted living residence, for
the customary charges for food and services) without the express written
approval of the administrative agent, and application fees (including
the charge for any credit check) may not exceed 5% of the monthly
rental of the applicable restricted unit and shall be payable to the
administrative agent to be applied to the costs of administering the
controls in this section as applicable to the unit.
F.
Tenant income eligibility. Tenant income eligibility is pursuant
to N.J.A.C. 5:80-26.13, as may be amended and supplemented, such that
very-low-income rental units shall be reserved for households with
a gross household income less than or equal to 30% of the regional
median household income by household size; low-income rental units
shall be reserved for households with a gross household income less
than or equal to 50% of regional median income; and moderate-income
rental units shall be reserved for households with a gross household
income less than 80% of regional median income.
(1)
The administrative agent shall certify a household as eligible for
a restricted rental unit when the household is a very-low-income household,
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, provided 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;
(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.
G.
Administrative agent for the Township's affordable housing units.
The affordability controls set forth in this section shall be administered
and enforced by the administrative agent. The primary responsibility
of the administrative agent shall be to ensure that the restricted
units under administration are sold or rented, as applicable, only
to low- and moderate-income households.
(1)
The administrative agent shall create and shall publish in plain
English, and in such other languages as may be appropriate to serving
its client base, a written operating manual, as approved by COAH or
by New Jersey Superior Court, setting forth procedures for administering
such affordability controls, including procedures for long-term control
of restricted units, for enforcing the covenants of N.J.A.C. 5:80-26.18
and for releasing restricted units promptly at the conclusion of applicable
control periods. The administrative agent shall have authority to
take all actions necessary and appropriate to carrying out its responsibilities
hereunder. The operating manual shall have a separate and distinct
chapter or section setting forth the process for identifying applicant
households seeking certification to restricted units, for reviewing
applicant household eligibility, and for certifying applicant households
in accordance with the household certification and referral requirements
set forth in N.J.A.C. 5:80-26.16.
(2)
The administrative agent shall establish and maintain a ready database
of applicant households as a referral source for certifications to
restricted units, and shall establish written procedures to ensure
that selection among applicant households be via the database and
in accordance with a uniformly applied random selection process and
all applicable state and federal laws relating to the confidentiality
of applicant records.
(3)
Except in the case of restricted units receiving UHORP or MONI funding,
the Township shall select one or more administrative agents for restricted
units. The Township may elect to serve as the administrative agent
for some or all restricted units in the Township, or the Township
may select HAS or an experienced private entity approved by the Division,
the Agency or COAH to serve as administrative agent for some or all
restricted units in the municipality. The foregoing approval by COAH
or the Division is to be based on the private entity's demonstration
of the ability to provide a continuing administrative responsibility
for the length of the control period for the restricted units. The
Agency shall select the administrative agents for restricted units
receiving UHORP or MONI funding.
(4)
The administrative agent shall have the authority to discharge and
release any or all instruments filed of record to establish affordability
controls.
H.
Affirmative marketing.
(1)
The Township is ultimately responsible for administering the affordable
housing program, including affordability controls and the affirmative
marketing plan in accordance with the regulations of the Council on
Affordable Housing and the New Jersey Uniform Housing Affordability
Controls pursuant to N.J.A.C. 5:80-26.1 et seq.
(2)
The Township has delegated to the Municipal Liaison this responsibility
for administering the affordable housing program, including administering
and enforcing the affordability controls and the affirmative marketing
plan of the Township in accordance with the provisions of this article,
the regulations of the Council on Affordable Housing pursuant to N.J.A.C.
5:94 et seq.,[2] and the New Jersey Uniform Housing Affordability Controls
pursuant to N.J.A.C. 5:80-26 et seq.
[2]
Editor's Note: The regulations in N.J.A.C. 5:94 et seq. expired
September 11, 2016.
(3)
The Township may contract with one or more administrative agents
to administer some or all of the affordability controls and/or the
affirmative marketing plan in accordance with this article, the regulations
of the Council on Affordable Housing, and the New Jersey Uniform Housing
Affordability Controls pursuant to N.J.A.C. 5:80-26 et seq. If the
Township enters into such a contract, the Municipal Liaison shall
supervise the contracting administrative agent(s) and shall serve
as liaison to the contracting administrative agent(s).
(4)
Developers of low-, very low-, and moderate-income units may assist
in the marketing of the affordable units in their respective developments
if so designated by the governing body of the Township.
(5)
Where the Township designates a developer to assist in the marketing
of the affordable units in the developer's development, the Township
shall enter into a contract with the developer to administer some
or all of the affordability controls and/or the affirmative marketing
plan in accordance with this section, the regulations of the COAH,
and the New Jersey Uniform Housing Affordability Controls pursuant
to N.J.A.C. 5:80-26 et seq. If the Township enters into such a contract,
the Municipal Liaison shall supervise the contracting developer's
agent(s) and shall serve as liaison to the developer's administrative
agent(s).
(6)
Where the Township designates a developer to assist in the marketing
of the affordable units in the developer's development, the costs
of marketing the affordable units and administering the affordability
controls are to be the developer's responsibility, and the requirement
shall be a condition of the municipal Planning Board approval.
(7)
In accordance with the July 20, 2017, settlement agreement [In the
Matter of the Township of Mount Olive, County of Morris, Docket No.
MRS-L-1634-15], dated July 20, 2017, between the Township and the
Fair Share Housing Center, the Township shall include in its affirmative
marketing plan, pursuant to N.J.A.C. 5:80-26.15(f)(5), Fair Share
Housing Center, the New Jersey State Conference of the NAACP, East
Orange NAACP, Housing Partnership for Morris County, Community Access
Unlimited, Inc., Northwest New Jersey Community Action Program, Inc.
(NORWESCAP), Homeless Solutions of Morristown and Supportive Housing
Association, and shall, as part of its regional affirmative marketing
strategies during its implementation of this plan, provide notice
to those organizations of all available affordable housing units.
The Township also agrees to require any other entities, including
developers or persons or companies retained to do affirmative marketing,
to comply with this paragraph.
(8)
The affirmative marketing plan shall provide the following information:
(a)
The name and address of the project;
(b)
The number of units, including the number of sales and/or rental
units;
(c)
The price of sales and/or rental units;
(d)
The name of the sales agent and/or rental manager.
(e)
A description of the random selection method that will be used
to select occupants of affordable housing.
(f)
Disclosure of required application fees.
(9)
The affirmative marketing plan shall describe the media to be used
in advertising and publicizing the availability of housing. In developing
the plan, the administrative agent shall consider the use of language
translations. The plan shall include the following:
(a)
The names of specific newspapers of general circulation within
the housing region;
(b)
The names of specific radio and television stations broadcasting
throughout the housing region;
(c)
The names of other publications circulated within the housing
region, such as neighborhood-oriented weekly newspapers, religious
publications and organizational newsletters;
(d)
The names of employers throughout the housing region that will
be contacted to post advertisements and distribute flyers regarding
available affordable housing;
(e)
The names of specific community and regional organizations that
will aid in soliciting low- and moderate-income applicants. Such organizations
may include nonprofit, religious, governmental, fraternal, civic,
and other organizations; and
(f)
Other advertising and outreach efforts to groups that are least
likely to be reached by commercial media efforts.
(10)
The affirmative marketing process for available affordable units
shall begin at least four months prior to expected occupancy. In implementing
the marketing program, the administrative agent shall undertake all
of the following strategies:
(11)
Such advertising and outreach shall take place during the first
week of the marketing program and each month thereafter until all
the units have been leased or sold. The advertisement shall include
at least the following:
(a)
The location of the units;
(b)
Directions to the housing units;
(c)
A range of prices for the housing units;
(d)
The size, as measured in bedrooms, of the housing units;
(e)
The maximum income permitted to qualify for the housing units;
(f)
The location of applications for the housing units;
(g)
The business hours when interested households may obtain an
application for a housing unit; and
(h)
Application fees, if any.
(12)
Applications for affordable housing shall be available in several
locations, including, at a minimum, the county administrative building
and/or the county library for each county within the housing region;
the municipal administrative building(s) and the municipal library
in the municipality in which the units are located; and the developer's
sales office. Applications shall be mailed to prospective applicants
upon request.
(13)
Advertising costs for the affordable units shall be the developer's
responsibility.
I.
Enforcement of affordable housing regulations.
(1)
Administrative agent practices and procedures shall include, but
shall not necessarily be limited to, the following:
(a)
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.
(b)
Requiring that all certified applicants for restricted units
execute a certificate substantially in the form, as applicable of
either the ownership or rental certificates as set forth in N.J.A.C.
5:80-26.1 et seq.
(c)
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 complaints
of excess rent can be made.
(d)
Annual mailing to all owners of affordable dwelling units, reminding
them of the following notices and requirements:
[1]
If the unit is owner-occupied, that the unit may be resold only
to a household that has been approved in advance and in writing by
the administrative agent.
[2]
That no sale of the unit shall be lawful, unless approved in
advance and in writing by the administrative agent, and that no sale
shall be for a consideration greater than regulated maximum permitted
resale price, as determined by the administrative agent.
[3]
That no refinancing, equity loan, secured letter of credit,
or any other mortgage obligation or other debt secured by the unit
may be incurred except as approved in advance and in writing by the
administrative agent, and that at no time will the administrative
agent approve any debt if incurring the debt would make the total
of all such debt exceed 95% of the then-applicable maximum permitted
resale price.
[4]
That the owner of the unit shall at all times maintain the unit
as his or her principal place of residence, which shall be defined
as residing at the unit at least 260 days out of each calendar year.
[5]
That, except as set forth in N.J.A.C. 5:80-26.18(c)4vii, at
no time shall the owner of the unit lease or rent the unit to any
person or persons, except on a short-term hardship basis, as approved
in advance and in writing by the administrative agent.
[6]
That the maximum permitted rent chargeable to affordable tenants
is as stated in the notice required to be posted in accordance with
N.J.A.C. 5:80-26.18(d)3, a copy of which shall be enclosed, and that
copies of all leases for affordable rental units must be submitted
annually to the administrative agent.
(e)
Banks and other lending institutions are prohibited from issuing
any loan secured by owner-occupied real property subject to the affordability
controls set forth in this section, if such loan would be in excess
of amounts permitted by the restriction documents recorded in the
deed or mortgage book in the county in which the property is located.
(f)
Appeals. Appeals from all decisions of an administrative agent
appointed pursuant to this section shall be filed in writing with
the Executive Director of the Agency.
J.
Municipal housing liaison.
(1)
Purpose. The purpose of this subsection is to create the administrative
mechanisms needed for the execution of the Township of Mount Olive's
responsibility to assist in the provision of affordable housing pursuant
to the Fair Housing Act of 1985.
(2)
Establishment of Municipal Housing Liaison position and compensation;
powers and duties. There is hereby established the position of Municipal
Housing Liaison for the Township of Mount Olive. Subject to the approval
of the Council of Affordable Housing or by New Jersey Superior Court,
the Municipal Housing Liaison shall be appointed by the governing
body and may be a full- or part-time municipal employee.
(a)
The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for the Township
of Mount Olive, including the following responsibilities which may
not be contracted out:
[1]
Serving as Mount Olive Township's primary point of contact for
all inquiries from the state, affordable housing providers, administrative
agents and interested households.
[2]
Monitoring the status of all restricted units in Mount Olive
Township's fair share plan.
[3]
Compiling, verifying and submitting annual reporting as required
by the Council of Affordable Housing or by New Jersey Superior Court
in accordance with the settlement agreement.
[4]
Coordinating meetings with affordable housing providers and
administrative agents, as applicable.
[5]
Attending continuing education programs as may be required by
the Council of Affordable Housing or by New Jersey Superior Court.
(b)
Subject to approval by the Council of Affordable Housing or
by New Jersey Superior Court, the Township of Mount Olive 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 Mount Olive Township.
If the Township of Mount Olive 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.
(c)
Compensation. Compensation shall be fixed by the governing body
at the time of the appointment of the Municipal Housing Liaison.
(3)
Administrative power and duties assigned to the Municipal Housing
Liaison.
(a)
Affirmative marketing, which shall include conducting an outreach
process to insure affirmative marketing of affordable housing units
in accordance with the affirmative marketing plan of the Township
of Mount Olive and the provisions of N.J.A.C. 5:80-26.15.
(b)
Household certification, which shall include the following:
[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 eligibility
or noneligibility;
[3]
Providing written notification to each applicant as to the determination
of eligibility and 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 Appendixes
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 the Township of Mount Olive when referring households
for certification to affordable units.
(c)
Affordability controls, which shall include the following tasks:
[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 the 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.
(d)
Resale and rental, which shall include the following tasks:
[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 rental; and
[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.
(e)
Communicating with unit owners, which shall include the following
tasks:
[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.
(f)
Enforcement, which shall include the following tasks:
[1]
Ensure that all restricted units are identified as affordable
within the Tax Assessor's office and any municipal utility authority
(MUA) and upon notification to the administrative agent of change
in billing address, payment delinquency of two consecutive billing
cycles, transfer of title or institution of a writ of foreclosure
on all affordable units, 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 complaints
of excess rent can be made;
[4]
Sending annual mailings to all owners of affordable dwelling
units, reminding them of the notices and requirements in N.J.A.C.
5:80-26.16(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]
Establishing a rent-to-equity program;
[7]
Creating and publishing a written operating manual, as approved
by COAH or by New Jersey Superior Court, setting forth procedures
for administering such affordability controls; and
[8]
Pursuant to the settlement agreement, the Township will provide
annual report of the status of all affordable housing activity within
the municipality through posting on the municipal website with a copy
of such posting provided to Fair Share Housing Center in a format
similar to that utilized for previous annual reports to the Council
on Affordable Housing or in such format as endorsed by the Special
Master and Fair Share Housing Center.
[9]
Pursuant to the settlement agreement, the Township shall comply
with the following provisions during the ten-year period of protection
provided by said agreement:
[a]
For the midpoint realistic opportunity review due
on July 1, 2020, as required pursuant to N.J.S.A. 52:27D-313, the
Township will post on its municipal website, with a copy provided
to Fair Share Housing Center, a status report as to its implementation
of its Plan and an analysis of whether any unbuilt sites or unfulfilled
mechanisms to meet unmet need should be revised or supplemented. Such
posting shall invite any interested party to submit comments to the
municipality, with a copy to Fair Share Housing Center, regarding
whether any sites no longer present a realistic opportunity and should
be replaced and whether any mechanisms to meet unmet need should be
revised or supplemented. Any interested party may by motion request
a hearing before the court regarding these issues.
[b]
For the review of very-low-income housing requirements
required by N.J.S.A. 52:27D-329.1, within 30 days of the third anniversary
of the settlement agreement and every third year thereafter, the Township
will post on its municipal website, with a copy provided to Fair Share
Housing Center, a status report as to its satisfaction of its very-low-income
requirements, including the family very-low-income requirements. Such
posting shall invite any interested party to submit comments to the
municipality and Fair Share Housing Center on the issue of whether
the municipality has complied with its very-low-income housing obligation
under the terms of the settlement agreement.
[c]
The administrative agent shall have the authority
to take all actions necessary and appropriate to carry out its responsibilities
hereunder.
K.
Enforcement
of affordable housing regulations.
[Added 3-31-2020 by Ord. No. 7-2020]
(1)
Upon
the occurrence of a breach of any of the regulations governing an
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, a requirement for household
recertification, acceleration of all sums due under a mortgage, recoupment
of any funds from a sale in 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(s) against the owner, developer or tenant
for any violation that remains uncured for a period of sixty 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 adjudged
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 $2,000 per day or imprisonment for a period
not to exceed 90 days, or both, provided that each and every day that
the violation continues or exists shall be considered a separate and
specific violation of these provisions and not a continuation of the
initial offense;
[2]
In the case of an owner who has rented a low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment into the Township of Mount Olive Affordable Housing
Trust Fund of the gross amount of rent illegally collected;
[3]
In the case of an owner who has rented a 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 that would result in the termination of the owner's equity
or other interest in the unit, in the nature of a mortgage foreclosure.
Any such 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- or moderate-income unit.
[1]
The 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 his right
to possession terminated as well as his title conveyed pursuant to
the Sheriff's sale.
[2]
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 the full 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.
[3]
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.
[4]
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.
[5]
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.
[6]
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.
Shopping centers and industrial or office complexes receiving
site plan approval, where all buildings are designed and sited as
a unified and Comprehensive Plan in accordance with the applicable
zoning district standards, may have more than one building on a lot
and more than one use within a building, provided that the yard requirements
of this chapter are met. Where lots are not subdivided but separate
portions of the tract are leased, such as in an industrial or office
park, each leased portion of the tract shall be delineated on a plan
approved by the Planning Board in conformance with these zoning provisions
as though they were separate lots with one principal use per lot.
The lawful use of land, buildings or structures existing when
this chapter was adopted may be continued on the lot or in the structure
although they may not conform to this chapter, and any such structure
may be restored or repaired in the event of partial destruction thereof;
provided, however, that none shall be enlarged, extended, relocated,
converted to another use or altered, except in conformity with this
chapter, except as permitted below. Land on which a nonconforming
use or structure is located and any nonconforming lot shall not be
subdivided or resubdivided so as to be made more nonconforming in
any manner.
A.
Abandonment or termination of a nonconforming use.
[Amended 10-28-2014 by Ord. No. 22-2014]
(1)
A nonconforming use shall be considered abandoned if:
(a)
It is terminated by the owner and is discontinued for 12 consecutive
months.
(2)
A nonconforming use shall be considered terminated upon the total
destruction, by design or accident, of the structure in which the
nonconforming use was taking place.
(3)
After abandonment or termination of a nonconforming use, the subsequent
use of the abandoned building, structure and/or land shall be in conformity
with this chapter.
B.
Conversion to permitted use. Any nonconforming building, structure
or use may be changed to conform to this chapter but shall not be
changed back to a nonconforming status.
C.
Maintenance. Maintenance may be made to a nonconforming use, structure
or lot, provided that the maintenance work does not change or intensify
the use, expand the building or the functional use of the building,
increase the area of a lot used for a nonconforming purpose or increase
the nonconformity in any manner.
[Amended 10-28-2014 by Ord. No. 22-2014]
D.
Nonconforming lots and structures.
[Amended 10-28-2014 by Ord. No. 22-2014]
(1)
Any existing structure on a nonconforming lot or any existing structure
on a conforming lot which violates any yard requirements may have
additions to the principal building and/or construction of an accessory
building without obtaining a variance, provided that the total permitted
building coverage is not exceeded and that the accessory building
and/or the addition to the principal building do not violate any other
requirements of this chapter.
(2)
In the event of the total destruction, by design or accident, of
a nonconforming structure, construction of a new structure shall comply
with all requirements of this chapter or appropriate variances shall
be obtained.
E.
Restoration and repairs.
(1)
Any nonconforming building or structure or any building or structure
in which a nonconforming use is taking place, which building or structure
has been condemned or damaged by fire, explosion, flood, windstorm
or act of God shall be examined by the following three people: the
Construction Code Official; the owner or an architect or engineer
selected by the owner; and a third person agreed to by the Construction
Code Official and the owner, whose fee shall be paid by the owner.
If, in the opinion of the majority of the above three people, the
value of repairing the building or structure is greater than 50% of
the value of replacing the entire building or structure, it shall
be considered completely destroyed and may be rebuilt to the original
specifications only upon approval of the appropriate of the appropriate
variance(s) as provided by state statutes.
[Amended 10-28-2014 by Ord. No. 22-2014]
(2)
Where the value of repairing the building or structure is determined
to be less than 50% of the value of replacing the entire building
or structure, the nonconforming building or structure or the building
or structure containing the nonconforming use may be rebuilt and used
for the same purpose as before, provided that it does not exceed the
height, area and bulk of the original structure.
[Amended 10-28-2014 by Ord. No. 22-2014]
(3)
The percent damaged or condemned shall be the current replacement
costs of the portion damaged or condemned computed as a percentage
of the current replacement cost of the entire structure, neither to
include the cost of the foundation unless the foundation is damaged
or condemned.
F.
Sale. Any nonconforming use, structure or lot may be sold and continue
to function in the same nonconforming manner.
A.
General provisions.
(1)
Pastoral animals may be maintained in any zone, provided that a minimum
lot size of one acre exists for the first animal and that the lot
size is increased an additional 1/2 acre for each additional animal,
and further provided that any such animal must be provided with a
stable or coop under a roof of at least 100 square feet per animal,
and further provided that said stable or coop shall conform to the
setback requirement for the zone wherein it is located. For the purposes
of this chapter, five fowl shall be the equivalent of one pastoral
animal.
[Amended 10-28-2014 by Ord. No. 22-2014]
(2)
All pastoral animals must be maintained within a fenced enclosure. The fence must be reasonably designed to maintain the animal(s) within the fenced enclosure, subject to the provisions of § 550-82 of this chapter.
(3)
In addition to the requirements hereinabove for all pastoral animals,
the stable or coop required to be constructed hereinabove must be
built and maintained so as not to create offensive odors, fly breeding
or other nuisances; and manure must be collected and maintained in
a sanitary manner so as to prevent offensive odors, fly breeding or
other nuisances.
(4)
For purposes of regulations pertaining to pastoral animals, an acre
shall be deemed to be 43,560 square feet, and 1/2 acre shall be deemed
to be 21,000 square feet.
[Amended 10-28-2014 by Ord. No. 22-2014]
(5)
All pastoral animal uses existing as of May 13, 1975, which do not
comply with the acreage requirements, setback requirements and/or
coop size requirements of this chapter are hereby declared to be preexisting
nonconforming uses and are permitted to continue as such without any
expansion or enlargement of said nonconforming use. All other requirements
of this chapter apply.
(6)
Each presently existing nonconforming use which is permitted to continue as a result of the provisions of Subsection A(5) above in this section is hereby presumed to be abandoned by the owner or occupant of said property upon conviction in the Mount Olive Township Municipal Court or other court of competent jurisdiction of three separate offenses within any three-year period of time, which offenses involve the violation of any provision of the pastoral animal section of this chapter[1] or amendments thereto or the violation of any health ordinance
or other regulatory ordinance pertaining to pastoral animals, whether
such ordinance exists at present or is adopted hereafter. In the event
that any such owner or occupier is convicted of three offenses of
any of the above-mentioned ordinances within a three-year period of
time, then the Building Inspector shall notify such owner or occupier
that his nonconforming use is presumed to be abandoned and that the
pastoral animal use represents a violation of this chapter; and a
notice of abatement of such violation shall be issued to the owner
or occupier of said property in accordance with the applicable provisions
of the Land Use chapter.
B.
Nothing in this Zoning Ordinance shall be construed to require that
the limitations on the number of pastoral animals imposed by this
or any other section of this chapter shall apply to any commercial
farming or agricultural use qualifying for a farmland assessment,
and all such commercial farms or agricultural uses qualifying for
a farmland assessment shall be permitted to maintain and raise pastoral
animals without limitation, subject, however, to all applicable local
and state statutes, ordinances, rules and regulations.
[Added 10-27-2009 by Ord. No. 22-2009]
A.
Permitted principal use and structure. Wireless telecommunications
antennas shall be a permitted principal use and principal structure
in all zone districts in Mount Olive where mounted upon, or affixed
to, a freestanding water storage tank or an existing telecommunications
or public utility line tower.
B.
Dual principal use and structure. Wireless telecommunications antennas, whether individual or multiple in number mounted or affixed to an existing structure as described in Subsection A, shall be permitted as a separate and distinct principal use and structure and shall be permitted in addition to any other permitted use and structure within the applicable zone district, notwithstanding any limitations in this chapter prohibiting more than one principal use and/or structure on a lot.
C.
Site plan approval required. Each proposal to erect one or more antennas
and/or attendant accessory structures in accordance with the provisions
of this section shall be required to secure site plan approval.
D.
Maximum height. No antenna shall exceed a height of 10 feet as measured
from the point where the antenna is mounted or affixed.
E.
Accessory structures.
(1)
No more than one compound shall be permitted which may include a
building, freestanding cabinets and associated appurtenances necessary
for the operation of the antenna(s).
(2)
The setback standards for accessory structures and buildings as set
forth in the Schedule of Limitations, Residential Districts, and the
Schedule of Limitations, Nonresidential Districts,[2] the equipment compound shall not apply to an equipment
compound under this section. The setback requirements for the equipment
compound shall be a minimum distance of 50 feet from any front, side,
and rear lot lines where the facility is located in a residential
district. A minimum distance of 25 feet shall be maintained for a
facility located in a nonresidential zone district. Where a zone district
permits a mix of residential and nonresidential uses, the more restrictive
standard shall apply. No minimum distance separation is required between
an equipment compound and the water tank or tower containing the antenna(s).
[2]
Editor's Note: Said schedules are included at the end of this
chapter.
(3)
An equipment compound shall be enclosed with security fencing. No
fence shall exceed a height of six feet. Chain link fences shall be
coated with a nonreflective color.
(4)
An equipment compound shall be screened from public view with appropriate
landscaping to provide a year-round visual buffer. Dead or diseased
plantings shall be replaced by the operator(s) of the compound.
[1]
Editor's Note: Former § 400-89, Planned adult community
(PAC), was repealed 3-22-2005 by Ord. No. 4-2005.
[Amended 10-27-2009 by Ord. No. 22-2009; 10-28-2014 by Ord. No.
22-2014]
No lot shall contain more than one principal building, except
that shopping centers, industrial developments, multifamily complexes,
swimming pools, both indoor and outdoor, health clubs, training facilities
within an enclosed building receiving site plan approval may be permitted
to have more than one building or use on a lot in accordance with
the zoning district in which it is located. Antennas for wireless
telecommunications services shall be permitted as an additional principal
permitted structure and use in all zone districts, subject to site
plan approval.
[Amended 4-28-1998 by Ord. No. 5-98]
A.
Residential clusters. The purpose of this section is to provide specific
standards for the creation, design and maintenance of open space when
residential cluster developments are approved.
B.
Lot density determination.
[Added 3-26-2002 by Ord. No. 7-2002][1]
(1)
The number of units permitted in a cluster development shall be no
greater than the number of units that the entire tract would yield
in a conventional design subdivision without variances or waivers,
taking into consideration all critical areas and stream corridor setbacks,
as defined in this chapter, and other constraints such as freshwater
wetlands, including the required buffer areas. When factoring in the
impact of freshwater wetlands and the attendant buffers, the conventional
subdivision layout shall show the maximum transition/buffer requirement
for the wetlands in question unless the applicant has secured an approved
transition area waiver plan from the New Jersey Department of Environmental
Protection.
(2)
In order to determine the number of permitted units, the developer
shall submit a qualifying map which shall show development of the
entire tract or tracts on a conventional subdivision design without
variances or waivers in accordance with the non-clustering provisions
of the applicable zone or zones and taking into consideration the
critical areas, as well as typical development improvements, such
as roadways, walkways and drainage facilities, including detention
or retention basins. The qualifying map shall reflect the limitations
pertaining to all critical areas, including, but not limited to freshwater
wetlands, stream corridors, and slopes in excess of 15%. Buffers for
freshwater wetlands shall reflect the most restrictive distances in
accordance with the wetland classification unless the applicant has
secured an approved transition area waiver plan from the New Jersey
Department of Environmental Protection. The maps shall be prepared
by a licensed engineer of the State of New Jersey. The map shall contain
the following information, as a minimum:
(a)
Topographical data having a two-foot contour interval conforming
to generally accepted maps standards.
(b)
Designation of the land subject to flooding or with the seasonal
high-water table within 1.5 feet of the surface. This information
shall be based upon the information supplied by the most recent soil
survey of Morris County, published by the United States Department
of Agriculture, and any additional information provided by the applicant
and/or any municipal agency or agencies or officials.
(c)
Development improvements to conform to all municipal standards,
including drainage regulations. The developer shall show on any qualifying
map the same type of sewage treatment that is being proposed on the
cluster design. The developer shall devote a sufficient amount of
space to the sewage treatment as may reasonably be required by state
regulations.
(d)
Soil groupings and types taken from the Morris County soil survey.
(e)
Natural features, including rock outcroppings, woodlands, waterways
and previously mined areas.
(f)
All existing structures and/or ruins.
(g)
Said map shall take into consideration all requirements pursuant
to the critical areas provisions of this chapter.
(h)
Certified boundary survey.
C.
Open space requirements. All open space, as designated on any cluster
development, may be either dedicated to the municipality for use in
its sole discretion or dedicated to an organization for the ownership
and maintenance of the common open space for the benefit of the owners
and residents of the development. The open space and any organization
for the ownership and maintenance of said open space shall have the
following requirements:
[Amended 3-23-1999 by Ord. No. 7-99; 11-9-2004 by Ord. No. 34-2004; 10-28-2014 by Ord. No. 22-2014]
(1)
All open space shall be for recreational and/or conservation use
and used on a nonprofit basis serving and supporting the residential
use to which the spaces relate.
(2)
Within 90 days of the granting of preliminary approval, the developer
shall petition the Township governing body to have the governing body
consider whether or not it desires to accept the open space as Township
property. No final approval of any subdivision pursuant to these provisions
shall be granted indicating that the open space shall be owned by
the Township unless the governing body, prior to final approval, has
agreed to accept ownership. In the event that the Township governing
body does not desire to own the open space, then said open space shall
be dedicated to a nonprofit organization whose membership is restricted
to owners and/or residents of the development and which organization
shall be formed solely for the purpose of ownership and maintenance
of the common open space. Any such organization shall be controlled
under the following regulations:
(a)
Any organization initially created by the developer for the
ownership and maintenance of the common open space shall clearly describe
in its bylaws the rights and obligations of the owners or residents
in the development, and the Articles of Incorporation of the organization
shall be submitted for review by the Planning Board and the Township
Attorney prior to the granting of final approval by the Township.
(b)
Such organization shall be responsible for liability insurance,
municipal taxes, maintenance of land and any facilities that may be
erected on any land deeded to said organization and shall hold the
Township harmless from any liability.
(c)
Such organization shall not be dissolved and shall not dispose
of any space otherwise than as permitted by N.J.S.A. 40:55D-43, and
the failure of such organization to maintain the open space in reasonable
order and condition shall have the consequences set forth in N.J.S.A.
40:55D-43.
(3)
The minimum amount of open space shall be equal to that required for the applicable zone district as stated in § 550-101 of this chapter. Land utilized for street rights-of-way shall not be included in the open space requirements. No more than 25% of the required open space may be encumbered by freshwater wetlands or slopes in excess of 25%. No portion of the required open space shall be improved with detention or retention basins, water storage towers and/or sanitary sewerage treatment facilities. The required open space shall not include any portion of a building lot or lots to meet the minimum standard, even though a portion of the building lot or lots may include a conservation easement, critical areas or such other restrictions which limit development on the lot or lots.
D.
Location of clustered lots. In residential cluster developments containing
more than 10 residential lots, it is expected that the residential
lots will be located in groups or clusters of lots, each group of
clusters separated by portions of the common open space, with as many
lots as reasonably possible abutting the common open space. The Planning
Board may substitute an alternative configuration where the open space
is provided as a contiguous tract(s) where a concentration of open
space can serve a desired public purpose, including, but not limited
to, active recreation facilities.
[Amended 3-23-1999 by Ord. No. 7-99][2]
[2]
Editor's Note: Former § 400-92, Rural residential
development, was repealed 3-26-2002 by Ord. No. 7-2002.
The development of senior citizen housing shall meet the following
standards:
A.
The minimum lot size shall be three acres.
B.
The maximum number of units shall be 100.
C.
The maximum gross density shall be 25 units per acre.
D.
Assurance must be provided that the units will be affordable to low-
or moderate-income households over a period of at least 30 years.
E.
Parking may be reduced to as low as 0.5 spaces per dwelling unit
if requested by the applicant and approved by the Planning Board.
F.
The maximum building height shall be 30 feet.
A.
All storage areas, trash facilities, pits, lifts and working areas
shall be within a building. All lubrication, repair or similar activities
shall be performed in an enclosed building, and no dismantled parts
shall be placed outside. All structures, gasoline pumps, air pumps
and the islands upon which pumps are normally located shall be set
back from all street and property lines at least 60 feet. A minimum
space of 25 feet shall exist between any two islands and between any
island and the service station building.
B.
No junked motor vehicle or parts thereof and no unregistered unlicensed
motor vehicle shall be permitted on the premises of any service station.
Not more than six motor vehicles may be located on the premises outside
a building for a period not to exceed five days, provided that the
owners are awaiting the repair of said motor vehicle.
C.
Ingress and egress shall recognize the turning movements generated.
These access points shall be coordinated with the access points required
for the nearby uses, the frequency of intersecting side streets, the
minimizing of left turns off collector and arterial streets and the
maintaining of building setbacks compatible with the required setbacks
and landscaping.
[Amended 10-28-2014 by Ord. No. 22-2014]
D.
No gasoline service station shall be permitted within 1,500 feet
from the high-water mark of Budd Lake, Drakes Brook, the South Branch
of the Raritan River and/or Lake Musconetcong.
E.
Service stations shall be subject to the following terms and conditions:
[Added 10-28-2014 by Ord. No. 22-2014]
(1)
The minimum lot size shall be two acres in the C-1 and C-2 zones.
The minimum lot size shall be five acres in the C-LI zone.
(2)
The minimum setback for a building shall be the same as the zone
in which the use is located, except that the minimum setback for canopies
over gasoline pumps shall be 60 feet.
(3)
The service station shall be permitted to sell gasoline and automobile-related
products. In addition, sales of convenience items may be sold within
an enclosed structure. The area established for sale of convenience
items shall have a maximum FAR of 0.06 which shall be calculated as
part of the total permitted FAR in the applicable zone district. No
goods, except for gasoline and automotive products, shall be displayed,
stored or sold outside the structure.
(4)
Any such service station will be permitted to service automobiles
in the customary manner but will not include any auto body work.
A.
Except as otherwise set forth herein, it shall be unlawful for any
person to erect, alter, relocate or maintain within the Township of
Mount Olive any sign, as set forth and defined in this chapter, without
first making application for and obtaining a sign permit from the
Building Inspector.
B.
Signs within each district shall be permitted as follows:
(1)
Residential uses.
(a)
Residential uses shall mean all single and multifamily houses
located within any zone. Specifically excluded from residential uses
as the term pertains to this chapter are garden apartments, condominiums
and high-rise apartments.
(b)
Not more than two ground signs for and located within any subdivision
which has been approved by the Planning Board, provided that each
such sign does not exceed 12 square feet, shall be permitted. In no
case shall any such sign be located closer than 15 feet to any street
or side lot line. Any such sign shall be removed within 30 days after
all of the lots in the subdivision have been built thereon.
(d)
One "for sale" or "for rent" sign erected only on the property
to be sold or rented, but not to be placed on any tree and not to
exceed four square feet, shall be permitted. No application or fee
or permit shall be required for such sign. The sign shall be removed
within 15 days of the signing of a purchase contract or rental agreement.
(e)
One wall sign not to exceed two square feet, advertising or
indicating the office of a member of a recognized profession or a
permitted home occupation, shall be permitted.
(f)
No more than five garage sale signs may be posted with no sign
larger than three square feet. All signs may be erected one week prior
to the sale and shall be removed the day after the sale. All signs
shall be posted only with the permission of the property owner, and
no sign shall be posted on utility poles.
(2)
Commercial uses.
(a)
Freestanding signs.
[Amended 8-19-2003 by Ord. No. 31-2003; 11-13-2012 by Ord. No.
35-2012]
[1]
A commercial establishment, including gasoline service stations
and public garages, located within the C-1, C-2, C-LI and OR Zone
Districts, may have one freestanding sign with a sign area not to
exceed 90 square feet. Any freestanding sign shall be located a minimum
distance of 10 feet from the right-of-way line and shall not be located
within a sight triangle. The maximum height of a freestanding sign
shall not exceed 15 feet, inclusive of structural base or pylon structure.
[2]
A commercial establishment located within the CR-3, PB, PC-2
and AR Zone Districts may have one freestanding sign with a sign area
not to exceed 40 square feet. The maximum height of a freestanding
sign shall not exceed eight feet, inclusive of structural base or
pylon structure. A minimum setback of 10 feet from the street right-of-way
shall be required for all signs and shall not be located within a
sight triangle.
(b)
Each business located within the C-1, C-2, C-LI, OR, CR-3, PB,
PC-2 and AR Zone Districts may have one or more wall signs, provided
that the aggregate total of these signs does not exceed 5% of the
area of that portion of the face of the building or buildings used
in such business at the location in question, the face being the front
side of the place of business facing the street and any facade facing
the off-street parking lot for the place of business and the area
to include the window and door area, provided that all signs shall
advertise only the business carried on or the products made or sold
on the premises, or both.
[Amended 8-19-2003 by Ord. No. 31-2003; 11-13-2012 by Ord. No.
35-2012]
(d)
In shopping center and shopping plaza developments, in addition
to the wall signs permitted above, one ground or pylon sign shall
be permitted advertising the name of the shopping center development,
as defined in this chapter, or the uses found within; provided, however,
that it meets the following specifications:
[1]
No sign shall be closer than 50 feet to the point of intersection
of any two street lines.
[2]
The total height of each sign shall not exceed 30 feet.
[3]
No sign shall be closer to the right-of-way line than 10 feet.
[4]
The area of the sign shall not exceed one square foot for each
linear foot of front yard setback, provided that no sign shall exceed
100 square feet in area.
[5]
No sign shall be located within a sight triangle.
[Amended 8-19-2003 by Ord. No. 31-2003]
[6]
Lights shall be so located and shielded as to prevent any glare
or blinding effect upon any adjacent property or roadways.
[7]
No neon or similarly illuminated signs shall be of red, yellow,
or green color, which are located in such a fashion as to diminish
or detract in any way from the effectiveness of any traffic signal
or similar safety or warning device. The enforcement officer may seek
a determination from the Police Department for any sign which may
contravene this provision.
[8]
In the event that there is more than one tenant in the shopping
center development, each tenant is entitled to one nameplate sign
on the pylon below the principal name of the shopping center; provided,
however, that each such nameplate sign shall be of uniform dimensions
and lettering and that no nameplate sign shall exceed eight square
feet in area.
[9]
No business or advertising sign structure erected directly upon
the ground shall be within 20 feet of any other such sign structure.
[10]
No sign attached to a building shall extend above
the roof line.
(e)
In large-scale comprehensively planned retail/commercial developments
in the C-LI District which include a retail center, two freestanding
main pylons and two cinema marquees, either freestanding or in combination
with the main pylons, shall be permitted within the setback areas
of the district in addition to the other signs permitted in this section.
Each of such pylons and marquees shall not exceed a height of 30 feet
and 300 square feet in sign face area per side. Freestanding signs
shall be situated outside of any sight triangle at street intersections
and access drives and shall maintain a minimum distance of 50 feet
from any street. The Planning Board may waive all requirements regarding
signs except those for main pylons and cinema marquees and approve
a unified sign plan if submitted at the time of preliminary site plan
review. A unified sign plan must include the general type, material,
method of illumination (if any), approximate location and color scheme
for all signs related to the retail development.
[Added 4-28-1998 by Ord. No. 5-98]
(3)
Industrial uses.
(a)
Signs shall be permitted in an industrial zone, provided that
no moving or flashing parts are allowed. Exposed tubes and similarly
illuminated advertising signs are specifically prohibited.
(b)
Not more than one commercial ground sign advertising on the
same parcel will be allowed, provided that they comply with the following
specifications:
[1]
No sign shall be closer than 20 feet to the right-of-way of
any public road and shall not be located so as to interfere with the
view of adjacent properties.
[2]
No sign shall be closer than 50 feet to the intersection of
two street lines.
[3]
The height of the signs shall not exceed 10 feet.
[4]
The lowest edge of any sign shall not be less than three feet
above ground.
[5]
The area of each sign shall not exceed one square foot for each
linear foot of front yard setback of the principal building, up to
a maximum of 100 square feet.
(c)
No more than two attached commercial signs will be allowed,
provided that they comply with the following specifications:
[1]
Signs shall be attached to the main building and are limited
to one per side.
[2]
Signs must be permanently attached or constructed with the building
and shall not extend more than 10 inches from the side of the building.
[3]
The height of the letters of the advertising shall not exceed
four feet.
[4]
No sign may extend above the roof line of the building to which
it is attached.
[5]
The total advertising space of a sign attached to a building
shall not exceed 200 square feet or 10% of the gross area of the side
to which it is attached, whichever is greater.
(d)
Illumination of signs shall be in such a manner as to cause
no glare or blinding light to adjacent properties or roadways.
(e)
Customary warning, trespassing and posted signs shall be allowed.
(f)
Major subdivisions for industrial developments may have one
identification sign no greater than 100 square in size, no higher
than 30 feet and located outside of all street rights-of-way.
(g)
In large-scale comprehensively planned industrial developments in the C-LI District, the standards applicable to the New Jersey Foreign Trade Zone as contained in Subsection B(5) of this section shall apply. The Planning Board may waive all requirements regarding signs and approve a unified sign plan if submitted at the time of preliminary site plan review. A unified sign plan must include the general type, materials, method of illumination (if any), approximate location and color scheme for all signs related to the industrial development.
[Added 4-28-1998 by Ord. No. 5-98]
(4)
Garden apartments or other multifamily uses. Any garden apartment, condominium, high-rise apartment or other multifamily use, other than a multifamily use such as a two- or three-family house, shall be permitted one freestanding sign with a total area not to exceed 100 square feet. This sign shall be subject to the conditions contained in Subsection B(2)(d)[1], [3], [5], [6] and [7], as these conditions are set forth for certain commercial uses, with a maximum height of 15 feet.
(5)
New Jersey Foreign Trade Zone. The following types of signs shall
be permitted:
(a)
Ground-mounted primary directional signs, not to exceed 12 feet
in height.
(b)
Ground-mounted secondary directional signs, not to exceed eight
feet six inches in height.
(c)
Ground-mounted double post tertiary directional signs, not to
exceed six feet nine inches in height.
(d)
Ground-mounted single post tertiary directional signs, not to
exceed four feet 6.5 inches in height.
(e)
Traffic information and safety signs.
(f)
Tenant building entrance identification pylon, not to exceed
10 feet in height.
(g)
Tenant shipping/receiving office identification sign, not to
exceed two feet nine inches in height.
(h)
Loading dock identification sign, not to exceed two feet nine
inches in height.
(i)
Signs which do not perform any of the functions set forth in
this subsection, subject, however, to the requirement that the owner
of such sign shall notify the Building Inspector at least two weeks
before installation of any such signs. Such signs are designated "specialty
signs"; and the Building Inspector shall keep a log of all such signs.
(6)
Setbacks. All signs must be set back a minimum of 10 feet from the
street right-of-way line. If an applicant demonstrates that a ten-foot
setback is an undue hardship, the enforcement officer may permit a
lesser setback only if the proposed sign does not interfere with traffic
visibility.
C.
General regulations as to signs.
(1)
Directional signs, meaning those signs which are located off the
premises to which traffic or persons are to be directed, will be permitted
in any district, provided that they do not exceed three square feet
in area and:
(a)
They are reasonably necessary to direct any traffic or persons
to public or semipublic facilities, such as churches and other places
of worship, nursing homes, hospitals, schools, libraries, museums,
art galleries and parks and recreation areas within or adjoining the
Township of Mount Olive.
(b)
They are reasonably necessary to direct any traffic or persons
to any real estate developments; provided, however, that no more than
two such signs will be permitted for each real estate development,
and further provided that any such sign shall be removed within 30
days after all the lots in the subdivision have been built thereon.
(c)
With the exception of municipal facilities, directional signs shall require a permit, and nothing herein shall relieve the owner of such sign or the owner of the property on which such sign is to be erected from the responsibility for its erection and maintenance in a good and safe condition. No fee shall be charged for those signs in Subsection C(1)(a) above.
(d)
"Open house" signs for real estate sales shall be permitted
to be located off site, provided that the sign(s) is posted only on
the day of the open house and only between the hours of 9:00 a.m.
and 6:00 p.m.
[Added 8-19-2003 by Ord. No. 31-2003]
(2)
In addition to other signs permitted, wall or ground signs not exceeding
one square foot in area may be used for a driveway entrance or exit
or for warning purposes on the grounds of libraries, schools, churches
or other public buildings or uses. No application or fee shall be
required in connection with the permit for such a sign.
(3)
No advertising sign shall be permitted on or within any traveled
right-of-way or any sidewalk.
(4)
Floodlights or similar outside illumination is permitted, provided
that all lighting, including sign lighting, shall be so arranged as
to protect adjoining and nearby properties and streets and highways
and traffic from direct glare and hazardous interference of any kind.
The appropriate electrical and building permits are required to be
obtained for all lights.
(5)
There shall be permitted one wall or ground sign not exceeding 48
square feet, located on the premises of places of worship; school
buildings; public libraries; museums; art galleries; parish houses;
buildings used exclusively by federal, state, county and local government
for public purposes; public, private and parochial schools; and public,
recreational and community center buildings and grounds. No application
or fee shall be required in connection with the permit for such a
sign.
[Amended 8-24-1999 by Ord. No. 30-99]
(6)
No sign shall be placed to interfere with traffic lights or similar
devices.
(7)
All signs except directional ones must be intended for the use of
the property on which they are located, except as otherwise provided
herein.
[Amended 8-19-2003 by Ord. No. 31-2003]
(8)
No sign may interfere with any door, window, fire escape or other
large opening that provides light and/or ingress or egress.
[Amended 10-28-2014 by Ord. No. 22-2014]
(9)
Banner-type signs shall be permitted in accordance with the following
standards:
[Added 8-24-1999 by Ord. No. 30-99]
(a)
Maximum size of banner: 30 square feet.
(b)
Maximum duration per event: 14 calendar days.
(c)
Maximum number of events per calendar year: four.
(d)
Shopping centers and sites with multiple tenants shall have
no more than one banner-type sign on display at one time and shall
designate one location, subject to approval by the enforcement officer,
for display of said signs.
(e)
Banner-type signs must be securely affixed to the building facade
or to post securely embedded in the ground at a height not to exceed
six feet from grade. No banner shall be affixed to an existing freestanding
sign nor situated within a sight triangle.
[Amended 8-19-2003 by Ord. No. 31-2003]
(f)
Display of banners on any type of vehicle is prohibited.
(g)
Prompt removal of banner upon expiration of permit shall be
a condition of approval.
(10)
A sign shall be permitted in any zone district for the purpose
of calling attention to a proposed development project therein. A
zoning permit shall be required with a maximum duration of six months
with one six-month renewal option. This provision shall apply with
or without site plan or subdivision approval. One sign per tax lot
shall be permitted with a maximum sign face of 32 square feet, a maximum
height of eight feet and a minimum setback from all lot lines of 25
feet.
[Added 8-24-1999 by Ord. No. 30-99]
(11)
Blade flag signs shall be permitted in accordance with the following
standards:
[Added 10-28-2014 by Ord. No. 22-2014]
D.
Prohibited signs. The following types of signs are specifically prohibited:
(1)
Any sign of which all or part is in motion by any means, including
fluttering, rotating or other moving devices set in motion by movement
of the atmosphere.
(2)
Any sign displaying flashing or intermittent light or lights of changing
intensity.
(3)
Any illuminated tubing or strings of lights outlining roof lines,
doors, windows or wall edges of any building, except for religious
decorations during November, December and January.
(4)
Any sign that uses the word "Stop" or "Danger" or otherwise presents
or implies the need or requirement of stopping or caution or the existence
of danger or which is likely to be confused with any sign displayed
by a public authority.
(5)
Banner-type signs shall be permitted in accordance with § 550-95C(9) of this chapter.
[Amended 8-24-1999 by Ord. No. 30-99]
(6)
All pennants, flags, blade flag signs and similar signs for commercial purposes are prohibited, except for special events and sales where a one-week temporary permit can be acquired from the enforcement officer. The fee for such temporary permit shall be 50% of the fee set forth in § 550-9 of this chapter.
[Amended 10-28-2014 by Ord. No. 22-2014]
(7)
Any sign painted on the exterior wall of any building or fence.
(8)
Industrial and commercial use signs in P, RR-AA, RR-A, R-1, R-2,
R-3, R-4, R-5 and R-5ML zones except as provided in § 550-95E(2)(i)
of this chapter.
[Amended 8-24-1999 by Ord. No. 30-99]
(10)
Roof signs.
(11)
Any outdoor display of merchandise on any public right-of-way,
directing attention to a use of the property.
(12)
Wheeled advertising devices, except for permanent signs on licensed
vehicles which are parked in a legal parking space.
(13)
Portable or temporary signs, except for window signs.
E.
Sign permits.
(1)
Except as otherwise set forth herein, it shall be unlawful for any
person to erect, alter, relocate or maintain within the Township of
Mount Olive any sign, as set forth and defined in this chapter, without
first making application for and obtaining a zoning permit from the
Zoning Officer.
[Amended 8-24-1999 by Ord. No. 30-99]
(2)
Exemptions. The following exemptions shall apply only to the requirement
for a sign permit and shall not be construed as relieving the owner
of the sign from the responsibility for its erection and maintenance
in good and safe condition:
(a)
Memorial tablets or signs, names of buildings and dates of erection
when cut into any masonry surface or when constructed of bronze or
other noncombustible materials.
(b)
Traffic or other municipal signs, legal notices, railroad crossing
signs and such temporary emergency signs as may be erected by governmental
or public utility employees in carrying out their work.
(c)
Names on mailboxes.
(d)
Signs used on property warning the public against hunting or
trespassing thereon.
(e)
Political signs, the aggregate square footage of which shall
not exceed 32 square feet.
(f)
Garage sale signs.
(g)
Signs located on property known and designated as the New Jersey
Foreign Trade Zone.
(h)
Signs associated with any organization which qualifies under Chapter 294, entitled "Peddling and Soliciting," of the Township Code, Volume 1, specifically § 294-12C(1), subject to the following terms and conditions:
[1]
All sign proposals must be submitted to the Township Zoning
Officer to ensure compliance with sight triangles and standard setbacks
for all signs from street rights-of-way.
[2]
Any sign in proximity to a state highway must comply with NJDOT
regulations for outdoor advertising.
[3]
The maximum dimension of the sign board, inclusive of lettering
and/or display features, shall be 16 square feet.
[Amended 8-24-1999 by Ord. No. 30-99]
[4]
The maximum time duration of a temporary sign shall not exceed
14 calendar days, and each organization shall be limited to six special
events per year for which signs may qualify under this provision.
[Amended 8-24-1999 by Ord. No. 30-99]
[5]
No flags, pennants, balloons or flashing lights shall be affixed
to the sign or used in conjunction therewith.
[6]
It shall be the responsibility of the party erecting signs under
this section to secure permission from the property owner(s) where
said sign(s) are to be located.
[Amended 8-24-1999 by Ord. No. 30-99]
[7]
No sign under this category shall be permitted within a residential
district except for directional signs and signs located on the site
of an event advertised.
[Amended 8-24-1999 by Ord. No. 30-99]
[8]
Signs erected under the provisions of this section along Route
46 and Route 206 shall have a distance of at least one mile between
each sign associated with the event so advertised.
[9]
A zoning permit shall be obtained for each event for which a
community-based or nonprofit organization seeks to erect signs so
all concerned are clear on what is permitted. However, the fee of
$10 for a zoning permit is waived.
F.
Sign permit procedure.
(1)
An application for a sign permit shall be signed by the owner of
the premises and the person responsible for the erection of the sign,
and both shall be responsible for compliance with the terms as herein
set forth. Such applications shall be made to the Building Inspector
and shall contain the following information on forms supplied by him.
(a)
The name and address and telephone number of the owner or lessee
of the premises and the name of the person, firm, corporation or association
erecting the sign; and both shall be considered applicants.
(b)
The location of the building, structure or lot to which or upon
which the sign is to be attached or erected.
(c)
The position of the sign in relation to nearby buildings or
structures, sidewalks and streets.
(d)
Such other information as the Building Inspector shall require
to show full compliance with this chapter.
(2)
It shall be the duty of the Building Inspector to examine the application
and other data regarding the premises upon which it is proposed to
erect the sign, and if it shall appear that the proposed structure
is in compliance with all the requirements of this chapter and all
other laws and ordinances of the Township of Mount Olive, he shall
then issue the sign permit. The sign permit shall be issued or denied
within 20 days of the date of application.
(3)
If the work authorized under a sign permit has not been completed
within one year after date of issuance, the permit shall become void.
The applicant may reapply upon payment of any permit fees required
by this chapter.
(4)
No sign may be altered, enlarged or diminished in size or in nature
without a new permit being issued.
(6)
Any permit may be denied where, by virtue of its location, size or
structure, the sign would obstruct the view or motion of a pedestrian
or vehicle driver so as to create a traffic hazard.
G.
Enforcement procedures.
(1)
Whenever, in the opinion of the enforcement officer, any sign becomes
unsafe or endangers the safety of a building or premises or endangers
the public safety, the enforcement officer shall send a letter, by
certified mail, to the owner of the sign and the owner of the premises
on which the sign is located ordering that such sign be made safe
or removed within 30 days of receipt of the letter. If the permittee
fails to remove, alter or repair the sign within 30 days after such
notice, such sign may be removed by the enforcement officer at the
expense of the holder of the permit. The enforcement officer may cause
any sign or sign structure to be removed summarily and without written
notice if it is an immediate peril to persons or property by virtue
of its construction or moorings.
(2)
Subject to the provisions of the next subsection, any sign now or
hereafter existing which no longer advertises a business or profession
conducted or a product sold or is not used for a permitted use shall
be taken down and removed by the permittee, owner, agent or person
having the beneficial use of the building or structure or land upon
which such sign may be found within 30 days after written notification
from the enforcement officer. Upon failure to comply with such notice
within the time specified in such order, the enforcement officer is
hereby authorized to cause removal of such sign, and the permittee
or owner of the premises shall be liable for all costs incurred in
such removal.
(3)
Any preexisting sign now in existence which would otherwise be prohibited
hereunder may be continued on such building, structure, lot or land
so occupied, provided that it complied with the requirements of the
Township of Mount Olive sign ordinance existing at the time of its
erection. However, at no time shall such sign be altered, rebuilt,
enlarged, extended or relocated unless such action changes a nonconforming
sign into a conforming sign as provided herein.
(4)
The failure to keep a nonconforming sign painted, or in good repair
for a period of six months shall constitute abandonment, and such
sign may not be reused and must be removed.
(5)
Any temporary sign issued pursuant to § 550-95E(2)(h) of this chapter shall be removed in accordance with the time limit provided on the zoning permit. Issuance of the zoning permit shall incorporate notice regarding compliance with the time limitations and shall be deemed notice concerning same. Failure to remove a sign by expiration as specified in the zoning permit shall constitute a violation of this section.
[Added 8-24-1999 by Ord. No. 30-99]
H.
Billboards.
[Added 7-25-2017 by Ord.
No. 17-2017]
(1)
Purpose.
(a)
The intent and purpose of this subsection is to amend the Township's
sign regulations to permit billboards as a conditional use along sections
of Route 46 and Route 206 within the commercial highway corridors
of the Township and along Interstate 80 which is a limited access
highway as defined in N.J.A.C. 16:41C-2.1.
(b)
Mount Olive Township recognizes that billboards are by design
different in scope and purpose from other types of signage in the
Township in that billboards advertise or communicate goods, services
or messages not conducted, sold, generated or otherwise related on
the lot where the billboard is located. Billboards are significantly
larger in size than other types of signage permitted in the Township
and their primary objective is to attract the attention of the travelling
public.
(c)
In order to minimize the visual impact of digital billboards,
particularly during evening and nighttime hours, the Township finds
it appropriate to limit digital billboards to certain locations along
the Route 46 and Route 206 highway corridors where larger required
lot area and distance from residential zone districts will allow for
greater separation and buffering.
(d)
The intent of this subsection is to establish size, location
and operating standards for billboards, both static and digital, for
the purpose of providing opportunities for commercial and noncommercial
speech while, to the greatest extent possible, preserving and protecting
the semi-rural character of the Township, to minimize visual intrusion
upon residential neighborhoods in proximity to the highways, particularly
in the Budd Lake section of the Township, and to promote a desirable
visual environment by reducing visual obstructions and potential hazards
caused by undue distractions along the highway networks within Mount
Olive. In recognition of the fact that Interstate 80 varies in elevation
within the portion of Mount Olive Township traversed by the highway
and is distinguished from Route 46 and Route 206 in that it is a "limited
access highway" and does not adjoin established residential areas
within the Township, the height, setback and dimensional standards
for billboards directed to the traveling public along Interstate 80
shall be determined by the standards and regulations set forth by
the New Jersey Department of Transportation in N.J.A.C. 16:41C-I.1
et seq., as authorized by N.J.S.A. 27:5-5, Roadside Sign Control and
Outdoor Advertising Act. This subsection is intended to recognize
the authority established in N.J.A.C. 16:41C-1.1 et seq., and to supplement
those standards and regulations where appropriate to best accommodate
local conditions and land use policies and objectives of Mount Olive
Township.
(2)
Conditional use standards.
(a)
Location.
[1]
Static. Static billboards shall be permitted within that portion
of the C-1 and C-2 Commercial Zone Districts, the PB-Professional
Business Zone District, the P-Public/Conservation Zone District, the
LI-Light Industrial Zone District, the GI-General Industrial Zone
District, and the FTZ-1, FTZ-3, and FTZ-4 Zone Districts where said
districts have frontage upon Route 46, Route 206 or Interstate 80
and only where the sign area of any billboard is be positioned to
face Route 46, Route 206, or Interstate 80, as applicable, and subject
to the limitations set forth herein.
[2]
Digital. Digital billboards shall be permitted within that portion
of the C-2 Commercial Zone District, the P-Public/Conservation Zone
District, and the LI-Light Industrial Zone District where said districts
have frontage upon Route 46 or Route 206 and only where the sign area
of any billboard is be positioned to face Route 46 or Route 206, as
applicable, and subject to the limitations set forth herein. Digital
billboards shall also be permitted within that portion of the C-1
Commercial Zone District, the P-Public/Conservation Zone District,
the GI-General Industrial Zone District and the FTZ-1, FTZ-3, and
FTZ-4 Zone Districts where said districts have frontage upon Interstate
80 and only where the sign area of any billboard is be positioned
to face Interstate 80 and subject to the limitations set forth herein.
(b)
Distance requirements between billboards. All billboards, both
static and digital, shall have a minimum linear distance of 5,000
feet between another billboard, either static or digital, on the same
side of the highway. This distance requirement shall apply to any
new billboard and any existing billboard, including any preexisting,
nonconforming billboard.
(c)
Distance requirements from a residential zone district.
[1]
Static. Static billboards shall maintain a minimum distance
of 150 feet from the closest residential zone boundary. The Planning
Board may reduce the required distance from the closest residential
zone boundary up to 50% where it can be demonstrated to the satisfaction
of the Planning Board that the sign face of the billboard will not
be visible to the adjacent residential zone district or where the
sign face of the billboard is screened from the adjacent residential
zone district as a result of a significant difference in grade, or
where the presence of year-round vegetative buffer or a building or
structure provides a visual barrier between the sign face and the
adjacent residential zone district.
[2]
Digital. Digital billboards shall maintain a minimum distance
of 500 feet from the closest residential zone boundary. The Planning
Board may reduce the required distance from the closest residential
zone boundary up to 50% where it can be demonstrated to the satisfaction
of the Planning Board that the sign face of the billboard will not
be visible to the adjacent residential zone district or where the
sign face of the billboard is screened from the adjacent residential
zone district as a result of a significant difference in grade, or
where the presence of year-round vegetative buffer or a building or
structure provides a visual barrier between the sign face and the
adjacent residential zone district.
(d)
Dimension and height standards.
[1]
Double-faced and V-type billboard structures shall be treated
as a single billboard; provided, however; that no billboard shall
contain more than one sign panel facing the same direction of traffic.
The maximum separation between sign panels shall not exceed an angle
in excess of 75º between sign panels.
[2]
Except as otherwise specified herein, the maximum sign area
shall not exceed 450 square feet.
[3]
The maximum height of the billboard structure shall be 25 feet
along Route 46 and Route 206 as measured from the surface of the roadway.
The maximum height for billboards oriented to Interstate 80 shall
be determined at the time of site plan approval in accordance with
NJDOT permit pursuant to N.J.A.C. 16:41C-1.1 et seq.
[4]
Dimension and height of any billboard structure facing Interstate
80 shall be determined at the time of site plan approval in accordance
with NJDOT permit pursuant to N.J.A.C. 16:41C-1.1 et seq.
(e)
Digital billboard display standards.
[1]
Multiple-message signs shall contain a default design that will
either freeze the sign in one position or cause the sign area to go
blank if a malfunction occurs.
[2]
The change from one display to the next shall be completely
accomplished within one second or less.
[3]
All displays shall remain fixed for an interval of at least
eight seconds.
[4]
Multiple-message signs shall not display any image that is flashing,
animated, moves, or appears to move. No multiple-message sign shall
be illuminated by intermittent or moving light.
[5]
Maximum brightness levels shall not exceed 0.2 footcandle over
ambient light levels as measured within 150 feet of the sign. Certification
from a qualified expert shall be provided as part of testimony for
site plan approval to demonstrate the sign is designed to automatically
adjust the brightness so as to not exceed these levels.
(f)
Setbacks.
[1]
A billboard located on a lot having another principal building
or structure shall maintain a minimum distance of 50 feet from said
building or structure.
[2]
A billboard shall be set back from the right-of-way of Route 46 and Route 206, except as set forth in Subsection H(2)(f)[3] below, a minimum distance of 20 feet.
[3]
The minimum setback for any billboard facing Interstate 80 shall
be in accordance with NJDOT permit pursuant to N.J.A.C. 16:41C-1.1
et seq.
(g)
No billboard shall be erected within a sight triangle at each quadrant of an intersection of streets and driveways in accordance with the standards set forth in § 550-62 of this chapter.
(h)
Site plan approval required. All billboard applications shall
require site plan approval.
A.
No private residential pool shall be installed on any lot unless
said lot shall contain a residence and said pool shall be accessory
to the residence. Pools shall be set back a minimum of 15 feet from
side and rear property lines. No pool shall be located in the required
front yard area.
B.
A pool shall occupy no more than the equivalent of 50% of the yard
area in which it is located. The pool area shall include the water
surface and the patio adjoining the pool.
A.
Parking on public property; unoccupied trailers.
(1)
It shall be unlawful within the limits of the Township of Mount Olive
for any person to park any trailer on any street, road, avenue or
highway or other public place or tract of land owned by any person,
occupied or unoccupied, except as provided in this section.
(2)
Emergency or temporary stopping or parking is permitted on any street,
avenue, road or highway for a period of three hours; but no trailer
thus parked may be used as a dwelling place, abode or sleeping place.
(3)
Unoccupied trailers may be parked in an accessory garage or in a
rear yard, provided that no living quarters are maintained within
such trailers while so parked; and no permit shall be required or
fee be charged for such parking.
B.
Use as dwelling or sleeping place.
(1)
It shall be unlawful for anyone to use a trailer as a place of abode
or as a dwelling or sleeping place within the limits of the Township
of Mount Olive, except as provided by the zoning provisions of this
chapter and as hereinafter provided and with the prior permission
of the Mayor of Mount Olive Township.
(2)
The Mayor of Mount Olive Township may temporarily authorize a trailer
to be used as a place of abode or as a dwelling or sleeping place,
provided that the following preconditions have been established to
the satisfaction of the Mayor:
(a)
The regular single-family dwelling house of said family has
been destroyed or rendered uninhabitable by fire, flood, storm or
other calamity.
(b)
Said regular single-family dwelling is located within Mount
Olive Township.
(c)
The owner of said single-family dwelling intends to immediately
undertake all essential repairs or the reconstruction of said dwelling
which has been destroyed or rendered uninhabitable, in order to reoccupy
the same for himself and his family.
(d)
It is not feasible nor practicable for the family whose single-family
dwelling has been so destroyed or rendered uninhabitable to obtain
suitable substitute temporary housing in Mount Olive Township during
the time that said dwelling is being repaired or reconstructed.
(3)
The terms and conditions upon which the Mayor may authorize the use
of a trailer as a place of abode or as a dwelling or sleeping place
are as follows:
(a)
The use of such trailer shall be limited to a period of time
as set by the Mayor or not to exceed 60 days, and said period of time
may be extended for successive thirty-day intervals; provided, however,
that the maximum period of time during which the trailer is used for
occupancy shall not exceed a total of 180 days. The Mayor shall set
such time limits considering the basic intent and requirements of
this chapter.
(b)
The trailer shall be placed upon the property on which the dwelling
was or is located and within the side and rear yard setback requirements
of the Township Zoning Ordinances. The trailer may be located within
the front yard of said premises if placed within the driveway limits
of the property.
(c)
Each trailer so located shall have temporary connections to
an approved septic system or Township sewage disposal system, and
said temporary connection shall be approved by the Health Officer
of the Township of Mount Olive.
(d)
Each trailer so located shall be temporarily connected to well
facilities and/or public water facilities in a method approved by
the Township Health Officer.
(e)
Temporary electrical connections to the trailer shall be approved
by the local utility supplying electrical power and the Township's
Fire Marshal.
(4)
All conditions in Subsection B(3) above, except for the condition in Subsection B(3)(a) establishing the maximum time for use of the trailer, may be waived by the Mayor upon the Mayor's determination that such requirement cannot feasibly be complied with, and further provided that the Mayor determines that the waiver of any condition will not cause a substantial detriment or hazard to the health, safety or general welfare of the public.
(5)
In the event that the Mayor denies a request by any resident of the
Township for relief under any provision of this chapter, then, within
10 days of the date of such denial by the Mayor, the resident whose
house has been destroyed or rendered uninhabitable may appeal the
Mayor's denial to the Council by serving upon the Council a written
notice of such appeal and serving the Mayor with a copy of said notice
of appeal. Thereafter, the Council shall hold a hearing upon such
appeal as expeditiously as feasible, and the Council shall render
its decision upon said appeal by formal resolution setting forth the
reasons for its determination. A vote of the majority of the full
membership of the Council shall be required to overturn the determination
of the Mayor.
(6)
The temporary permission to utilize a trailer as a place of abode
or as a dwelling or sleeping place in accordance with this section
shall not be deemed to be a permanent waiver of the Township's Land
Use Ordinance, Building Code requirements, health ordinances or any
other ordinance or legal requirement of the Township. The authority
granted to the Mayor under this section is in the nature of an emergency
authorization to temporarily waive certain ordinance requirements
to deal with an emergency situation under the circumstances expressly
set forth in this section.
C.
Parking requirements.
(1)
It shall be unlawful to park any trailer in such a manner that it
cannot readily be moved.
(2)
It shall be unlawful to park any trailer upon a permanent foundation.
(3)
No trailer or attached accessory structure may be parked closer than
10 feet from any side line or 20 feet from any rear boundary or 25
feet from any public street or right-of-way.
D.
Compliance with provisions. Any trailer in use at the time of the
adoption of this chapter shall, within 30 days, be made to comply
with all the provisions of this chapter.
E.
Violations and penalties. Any person who shall violate this section
or any of its provisions shall, upon conviction thereof, be subject
to a fine not exceeding $500 or imprisonment for a term not exceeding
90 days, or both, in the discretion of the Judge imposing the same.
Every day that such violation exists shall constitute a separate offense
and be punishable as such hereunder.
A.
Purpose and authorization. In an effort to add flexibility to development
proposals, to preserve land for public and agricultural purposes,
to prevent development on environmentally sensitive areas and to aid
in reducing the cost of providing streets, utilities and services
in residential development, this section permits the owner of lands
in certain residential districts to increase the density of development
on that tract in exchange for dedicating separate and properly subdivided
lots for either open space or other public use. This provision can
also provide marketability for marginal lands in environmentally sensitive
areas without increasing the overall population density within the
Township.
B.
Standards as to lands to be deeded.
(1)
The minimum lot size for the deeded lands for which credit is sought
shall be 25 acres, unless the parcel for which credit is sought is
to be joined to an already dedicated twenty-five acre or larger parcel,
in which case the additional lot may be as small as 10% of the already
dedicated parcel or three acres, whichever is greater.
(2)
The number of dwelling units received as credit for such dedicated
lands shall be the number of standard units permitted in the district
with the lower residential density as determined by a qualifying map
showing a conventional subdivision layout. The following districts
shall be permitted the transfer development credit option: RR-AA,
RR-A, R-1 and R-2.
[Amended 3-23-1999 by Ord. No. 7-99]
(3)
Any lot for which credit is being sought shall be owned by the owner
of the receiving tract which is under consideration for development
and shall be deeded to the Township at the time of final approval
of the development into which the credits are transferred. The deed
shall contain restrictions as to the future use of the land by the
Township, limiting those areas to open space, recreation, school sites
or other public municipal use as permitted by law.
(4)
In those zoning districts permitting transfer of development credits
(units), no transfer of credits shall be permitted where the receiving
tract's proposed lot size is under one acre unless water and sanitary
sewers are available for use. All water mains, culverts, storm sewers
and sanitary sewers shall be properly connected with an approved system
and shall be adequate to handle all present and reasonably foreseeable
future development. The Township may require easements or rights-of-way
of sufficient width along drainage and utility courses for vehicular
access and maintenance needs.
C.
Standards as to determination of acceptability. The Planning Board
and the Township Council, in determining whether the lands proposed
shall be dedicated or conveyed to the Township, shall be guided by
the following standards:
(2)
Whether such dedication or conveyance and use of such credits will
fulfill and promote the purposes set forth in Section A above.
(3)
In the case of lands proposed to be conveyed for public purposes
(as contrasted with essentially critical areas lands):
(a)
Whether other lands available would better serve the stated
purpose in the same area of the Township.
(b)
The period of time the proposed lands will remain unused or
undeveloped for the public use and any attendant problems of maintenance
of said lands during said period.
(c)
The impact of such proposed conveyance upon the taxpayers of
the Township in respect to other lands held in public ownership (federal,
state, county and local) and the proportion such total public ownership
bears to the entire Township.
(d)
The potential effect of such conveyance upon the extension of
utilities and other public facilities; whether removal of such lands
from the possibility of private development may hinder public utility
extension to privately held lands in the same areas.
(e)
The coexistence and interrelation of the proposed lands with
other public lands, other public projects and the availability of
capital funds.
(f)
Whether the impact of the population density involved would
be better absorbed and accommodated, all in accordance with state
law, by the transfer.
(g)
The suitability and adaptability of the lands for the purposes
for which proposed shall be considered, including the physical characteristics,
the geographic location of the persons proposed to be served thereby,
the accessibility of such lands and ingress and egress thereto, any
expenditures required to improve said lands or otherwise make them
suitable for such use and all other similar factors which would be
involved in a determination of whether or not to purchase such lands
for such public purpose if the question were of purchase rather than
acceptance for development credit.
(4)
A report may be sought from the Environmental Commission, Morris
County Soil Conservation Commission, Board of Health, Recreation Advisory
Board or any other advisory committee, commission, board or body connected
with the Township or otherwise which may have particular expertise
relevant to consideration of the lands involved.
(5)
The proposed dedication and the premises to which the credits are
to be transferred shall be evaluated in the light of the intent and
purpose of the Master Plan of the Township and with consideration
of underlying municipal land use regulations as set forth in the laws
of this state.
D.
Application to Planning Board. The applicant to the Planning Board
shall simultaneously submit:
(1)
A plat showing the lands proposed to be dedicated or conveyed to
the Township. Said plat shall show, with reasonable accuracy and with
reference to the natural resources inventory if there be one (otherwise,
the Master Plan shall be the guide), those portions which are critical
area; the acreage of the same, together with the acreage of noncritical
area portions; the zone district or districts in which they are located;
the maximum number of credits sought; and such other data as may be
required by the Planning Board.
(2)
The plat showing the proposed premises to which the development credits
are to be transferred and, in general form, the manner in which such
credits are proposed to be utilized. Where the application is made
in conjunction with an application for a major subdivision, the subdivision
sketch plat shall be used; or if not, to be part of such a subdivision,
then the plat shall contain such information as would be required
of such a sketch plat.
(3)
When applying for transfer of credits, the applicant shall also submit
sketch plats of the properties as if they were to be developed under
the regular zoning and subdivision ordinance provisions.
E.
Referral of application to governing body.
(1)
If the Planning Board finds the application to be in order, it shall
refer the same to the Township Council.
(2)
The Township Council shall, within 35 days of such referral to it, make its initial determination pursuant to this section, in the light of the standards set forth in Subsection C above.
(3)
Effect of Township determination.
(a)
A favorable decision by the Township Council shall constitute
a finding only that the lands proposed to be dedicated or conveyed
will be acceptable to the Township, provided that all of the requirements
of the Planning Board are met within the time herein set forth. Such
approval does not constitute approval of any subdivision nor does
it exempt the applicant from his obligation to comply with all applicable
ordinances. Such approval shall expire if the applicant does not take
the next formal step before the Planning Board within 90 days of the
date of Township Council approval, and the approval shall also expire
if the applicant has not received formal preliminary approval of the
applicable subdivision within one year from the date of approval by
the Township Council. Such time limit may be extended by the Township
Council for good cause shown, provided that application is made for
an extension within the time limit.
(b)
As part of any such approval, the Township Planning Board shall
establish, in accordance with the standards of this chapter, the maximum
number of credits for which such parcel is eligible.
(c)
Any change in the size of the parcel to be conveyed to the Township
(after initial approval by the Township Council) shall be subject
to review by the Township Council, which may then either approve or
reject such change.
(d)
A negative determination by the Township Council shall specify
whether such determination involved the then-nonacceptability of the
lands proposed to be conveyed or a rejection of the manner of lands
to which such credits are proposed to be transferred, or both. A negative
determination is considered to be a determination at that particular
point in time and shall not preclude a later application for credits
from the same, to be utilized in a different location, or for credits
from different lands, to be utilized in the same proposed location.
F.
Processing by Planning Board. The application shall be processed
concurrent with the major subdivision with which it is associated.
Approval by the Township Council pursuant to this subsection shall
not bind the Planning Board to ultimate acceptance of the land or
the use of credits therefrom.
G.
Excess credits. There shall be no accumulation of development credits.
If the plan presented by the applicant does not utilize all of the
credits to which the land may be entitled, any excess credits shall
be considered forfeited; provided, however, that if the parcel to
be conveyed is of sufficient size so as to permit the subdivision
therefrom of lands subject to the excess credits and if such subdivision
parcel would conform to the zoning regulations and would not impair
the use of the remaining lands to be conveyed, the Planning Board
may permit such subdivision. Any such subdivision shall conform to
the subdivision provisions but may be processed concurrently with
the main application, contingent upon the granting of the main application.
H.
Conditions attached to land proposed to be conveyed. As a condition
for acceptance of lands proposed to be conveyed to the Township in
exchange for transfer of development credits, the Planning Board may
impose reasonable conditions upon the lands proposed to be conveyed.
I.
Conveyance to Township.
(1)
Conveyance of such lands to the Township shall be by a deed in a
form approved by the Township Attorney. There shall be submitted with
such deed a title insurance policy insuring title to the parcel, which
policy may contain only those exceptions approved by the Township
and in such an amount as is equivalent to the fair market value of
the property as determined by the Tax Assessor.
(2)
Where the lands to be conveyed to the Township have been in farm
land assessment (N.J.S.A. 54:4-23 et seq.), the grantor shall pay
all rollback taxes to the date of final approval; and no final approval
shall be endorsed and no maps shall be signed until proof is submitted
that all taxes on the parcel, including the rollback taxes, have been
paid in full.
J.
Undedication and development of lands received in exchange for development
credits. Lots dedicated to public open space, school site or other
public purposes may be undedicated and developed, provided that all
the following conditions exist:
(1)
The lot has not been improved for public purposes.
(2)
A major public improvement has occurred which has directly improved
the developability of the lot.
(3)
An equal or greater land area has been dedicated elsewhere in the
Township in exchange for the lot being undedicated and developed,
with no acreage credit for the previously dedicated land.
(4)
The replacement lot has the same opportunity to serve the intended
purpose as the original lot.
No area set aside for the purpose of meeting front, side or
rear yards for one building shall be considered as meeting the yard
provisions of another building. On a lot extending through a block
resulting in frontage on two or more streets, including corner lots,
the building setback from each street shall not be less than the required
front yard.
A.
Purpose. The purpose of this section is to regulate the type and
placement of structures on the waters of Budd Lake and on the shoreline
thereof to ensure public safety and to preserve the natural beauty
of the lake and views from surrounding areas.
B.
General requirements.
(1)
No dock, pier or boathouse shall be constructed, enlarged or
extended unless and until the owner secures the requisite permits
and approvals as provided herein, In addition to local approval, plan
review and permits may be required by the Department of Environmental
Protection, Bureau of Inland Regulation prior to the issuance of any
permits or approvals. Normal maintenance and repair shall not require
reviews and/or permits.
(2)
No dock, pier or boathouse shall extend into the lake more than
50 feet from the lake line. In no event shall any dock, pier or boathouse
extend into any dredged channel or waterway.
(3)
For the purpose of determining the exterior limits of docks,
piers and main walks, any structure, including pilings driven independently
of another structure, used for the mooring of boats shall be considered
to be a part of a pier itself.
(4)
The top of any deck, pier or catwalk shall not be less than
14 inches from the high water elevation.
(5)
It shall be the responsibility of the owner of a dock, pier
or boathouse to maintain said facility in good condition and free
of litter and refuse. If said facility is in danger of becoming a
hazard to residents, visitors, swimmers or boats or could adversely
affect navigation by reason of structural members extending or floating
into waterways, then the Township Planner or Engineer shall notify
the owner to undertake repairs.
(6)
Nothing in this section shall be construed to waive the jurisdiction
or remedies of the Planning Board, where applicable.
[Amended 10-28-2014 by Ord. No. 22-2014]
(7)
No dock, pier or boathouse shall have fuel-dispensing facilities,
residential accommodations or commercial repair facilities.
(8)
All temporary docks/piers and components must be removed by
December 1 of each year and cannot be put into the water until April
1 of each year.
C.
Development controls for private docks and piers. No docks or piers
shall be constructed, enlarged or extended and no permit shall be
issued therefor except in compliance with the following requirements:
(1)
No dock or pier shall be located within 10 feet of a side lot
line.
(2)
No combination of docks and boathouses shall occupy more than
15% of the water lot area; 5% for beach/lake line area.
(3)
No dock, pier or main walk shall have a width of less than four
feet, exclusive of pilings or other structural members.
(4)
There shall be not more than one dock, pier or main walk for
each lot or for each 100 feet of frontage.
(5)
The distance between docks or piers shall be a minimum of 12
feet.
(6)
No dock, pier or main walk shall provide permanent mooring facilities
for more than four boats.
(7)
In cases where docks or piers are covered, the requirements
shall be the same as those required for boathouses.
(8)
All docks/piers and components removed from the water must be
in a secure place on land so as to avoid being blown back in or pushed
back in or damaged by ice or other force.
D.
Development controls for boathouses. No boathouse shall be constructed,
enlarged or extended and no permit shall be issued therefor except
in compliance with the following requirements:
(1)
No boathouse shall be located within 15 feet of a lot line.
(2)
No boathouse shall be closer than 30 feet from a neighboring
pier or boathouse.
(3)
Any combination of docks, piers, main walks and boathouses shall
not occupy more than 15% of the water lot area. In no case shall a
boathouse alone exceed 10% of the water lot area.
(4)
There shall not be more than one boathouse for each lot.
(5)
Ingress and egress for boats shall be perpendicular to the lake
line.
(6)
There shall be no living or sleeping accommodations or cooking
or toilet facilities provided in any boathouse.
E.
Development controls for quasi-public docks and/or piers. No quasi-public
docks and/or piers shall be constructed, enlarged or extended and
no permit shall be issued therefor except in compliance with the following
requirements:
(1)
No dock, pier or main walk as part of a quasi-public dock or
pier shall be located within 15 feet of a lot line, nor shall a quasi-public
dock or pier be located closer than 25 feet from a neighboring dock
or other like facility.
(2)
No quasi-public dock or pier shall occupy more than 25% of the
water lot area.
(3)
No main walks shall be less than eight feet in width, and no
catwalks shall be less than two feet in width.
(4)
In cases where piers are covered, the maximum height shall not
exceed 15 feet above the high-water mark.
(5)
No boat or vessel or other floating structure which is moored
at a quasi-public dock or pier may be utilized for overnight habitation.
F.
Additional regulations.
(1)
No commercial marinas, commercial repair facilities or retail
sales of goods and/or services are permitted.
(2)
Parking for any motor vehicle shall be restricted for the dock
owner only and shall require approval of the administrative agency
or the enforcement officer. There shall be no off-street parking along
the lake line area if such parking poses a danger to public health,
safety and welfare or to the environmental quality of Budd Lake. Determination
shall be based upon findings of the Township Planner, Engineer and
Police Department.
G.
Safety regulations.
(1)
All docks/piers or components placed in the water between April
1 and December 1 must have six square inches of a reflective material
on three sides of the farthest point from land.
(2)
All docks/piers and components left in between December 1 and
April 1 must have six square inches of reflective material or bright
flag, reflective in nature, approximately 36 inches off the water's/ice
surface at the farthest point from land.
H.
Anchoring. All docks/piers and components left in between December
1 and April 1 must be securely anchored. Examples are sections permanently
anchored to land or mounted to footings through lake bottom.
I.
Identification. All distinct sections of docks/piers and components,
both permanent and temporary, must be identified with owner's name
and dock location address.
J.
Private parties cleanup. Private groups provide lake cleanup semiannually
with the assistance of and sanctioned by the Township. Each year the
group takes out boats, docks and other large pieces of debris and
boat owners shall cooperate when requested.
K.
Plan review procedure; fees.
(1)
No structure as defined in this chapter shall be constructed
or otherwise set in the waters of Budd Lake or upon its lake line
without either a zoning permit or site plan approval. If all requirements
contained in this chapter are satisfied, the applicant shall be required
to secure a zoning permit from the Planning Department. If deviation(s)
from the prescribed standards are requested, the application will
be assigned to the appropriate administrative agency to secure site
plan and/or variance approvals.
(2)
It shall be the discretion of the Township Planner, Engineer
or administrative agency to request detailed plans, including but
not limited to property surveys and deeds and plans prepared by licensed
architects and/or engineers, depending on the proposed structure.
(3)
Fees for administrative approval shall be the same as those
for zoning permits. Where site plan and/or variance approval by the
administrative agency is required, an application fee of $150 and
a professional review fee of $200 shall be required.
L.
New construction; reconstruction. Any new structure or any structure which is enlarged, either in total dimension or with additional boat slips, or where it is redesigned to or from a structure having pilings, footings or a flotation device, shall submit plans in accordance with Subsection K of this section. In addition, the Township Construction Official is authorized to require any additional plans or documentation necessary to satisfy the condition for building permits if deemed necessary.
M.
Appeals. Where a dispute exists as to the determination of the Zoning
Officer on the issuance of a permit, the applicant may bring an appeal
to the Planning Board in accordance with the procedures established
by law.
[Amended 10-28-2014 by Ord. No. 22-2014]
N.
Exemptions. Public property shall be exempt from the provisions of
this section. Any use of public property for water-related activities
shall be reviewed by the Township Planning Board who shall submit
a written report to the Mayor and Township Council containing any
comments and recommendations in a timely manner.
O.
Enforcement officer. The enforcement officer for purposes of this
section shall be the Zoning Officer. In the process of enforcing this
section, the Zoning Officer shall provide violators a reasonable opportunity
to correct violations when the violation does not create an emergency
to health or safety.
P.
Violations and penalties. Violations of this section shall be punishable
by fines not exceeding $500 per day, with each day that a violation
exists to be treated as a separate violation.
[1]
Editor's Note: This ordinance also repealed former Ch. 101,
Dam Management, Art. I, Budd Lake Dam, of the code of the Township
of Mount Olive, adopted 10-8-1991 by Ord. No. 26-91.
[Added 5-4-2021 by Ord. No. 10-2021]
A.
CANNABIS
CANNABIS CULTIVATOR
CANNABIS DELIVERY SERVICE
CANNABIS DISTRIBUTOR
CANNABIS ESTABLISHMENT
CANNABIS MANUFACTURER
CANNABIS RETAILER
CANNABIS WHOLESALER
MEDICAL CANNABIS ORGANIZATIONS
Definitions. For purposes of this chapter, the following definitions
shall apply:
All parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant, which are cultivated and, when applicable, manufactured in accordance with P.L. 2016, c. 16, for use in cannabis products as set forth in this act, but shall not include the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. "Cannabis" does not include medical cannabis dispensed to registered qualifying patients pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.); marijuana as defined in N.J.S.A. 2C:35-2 and applied to any offense set forth in Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or marihuana as defined in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2), and applied to any offense set forth in the New Jersey Controlled Dangerous Substances Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et seq.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the New Jersey Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et seq.).
Any licensed person or entity that grows, cultivates, or
produces cannabis in this state, and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers.
Any licensed person or entity that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which, after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer.
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment, and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities.
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
Any licensed person or entity that processes cannabis items
in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer.
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers.
Any person or entity licensed, or an applicant for a license,
to operate as medical cannabis cultivator, medical cannabis manufacturer,
medical cannabis dispensary, clinical registrant or an alternative
treatment center under the Jake Honig Compassionate Use Medical Cannabis
Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.).
B.
Cannabis establishments, distributors and delivery services prohibited.
(1)
Pursuant to Section 31b of the New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021,
c. 16) (N.J.S.A. 24:6I-45b), all cannabis establishments, cannabis
distributors or cannabis delivery services are hereby prohibited from
operating anywhere in the Township, except for the delivery of cannabis
items and related supplies directly to a consumer for personal use
by a New Jersey licensed cannabis delivery service having its licensed
premises based at a location outside the geographic boundaries of
the Township, and which the delivery of such cannabis items and related
supplies is initiated from such licensed location.
(2)
This prohibition shall be read and construed to apply equally
to any and all medical cannabis organizations holding a license, or
applicants for such a license, issued under the Jake Honig Compassionate
Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.),
to the extent such medical cannabis organizations, or applicants for
such licenses, seek to concurrently operate or to otherwise hold a
Class 1 Cannabis Cultivator license, Class 2 Cannabis Manufacturer
license, Class 3 Cannabis Wholesaler license, Class 4 Cannabis Distributor
license, Class 5 Cannabis Retailer license and/or a Class 6 Cannabis
Delivery license under Section 33 [N.J.S.A. 24:6I-46a(3)(a)(i) through
24:6I-46(3)(a)(iv)] of the New Jersey Cannabis Regulatory, Enforcement
Assistance, and Marketplace Modernization Act.
(3)
The concurrent operation of a Class 1 Cannabis Cultivator license,
Class 2 Cannabis Manufacturer license, Class 3 Cannabis Wholesaler
license, Class 4 Cannabis Distributor license, Class 5 Cannabis Retailer
license and/or a Class 6 Cannabis Delivery license under Section 33
[N.J.S.A. 24:6I-46a(3)(a)(i) through 24:6I-46(3)(a)(iv)] of the New
Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act is hereby prohibited at any premises of a licensed
medical cannabis organization, or applicant for such license, under
the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009,
c. 307 (N.J.S.A. 24:6I-1 et seq.).
[Added 5-2-2023 by Ord. No. 11-2023]
A.
Purpose. The purpose of this section is to promote and encourage
the use of electric vehicles by requiring the safe and efficient installation
of EVSE and make-ready parking spaces through municipal parking regulations
and other standards. EVSE and make-ready parking spaces will support
the state's transition to an electric transportation sector, reducing
automobile air pollution, greenhouse gas emissions, and stormwater
runoff contaminants. The goals are to:
(1)
Provide adequate and convenient EVSE and make-ready parking
spaces to serve the needs of the traveling public.
(2)
Provide opportunities for residents to have safe and efficient
personal EVSE located at or near their place of residence.
(3)
Provide the opportunity for nonresidential uses to supply EVSE
to their customers and employees.
(4)
Create standard criteria to encourage and promote safe, efficient,
and cost-effective electric vehicle charging opportunities in all
zones and settings for convenience of service to those that use electric
vehicles.
B.
CERTIFICATE OF OCCUPANCY
CHARGING LEVEL
(1)
(2)
(3)
ELECTRIC VEHICLE
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or EVSE
MAKE-READY PARKING SPACE
PRIVATE EVSE
PUBLICLY ACCESSIBLE EVSE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The certificate provided for in N.J.A.C. 5:23-2, indicating
that the construction authorized by the construction permit has been
completed in accordance with the construction permit, the act and
the regulations. See "State Uniform Construction Code Act," P.L. 1975,
c. 217 (N.J.S.A. 52:27D-119 et seq.), and regulations adopted pursuant
thereto.
The amount of voltage provided to charge an electric vehicle
varies depending on the type of EVSE as follows:
Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt
AC circuit.
Level 2 operates on a forty- to 100-amp breaker on a 208- or
240-volt AC circuit.
Direct-current fast charger (DCFC) operates on a sixty-amp or
higher breaker on a 480-volt or higher three-phase circuit with special
grounding equipment. DCFC stations can also be referred to as "rapid
charging stations" that are typically characterized by industrial-grade
electrical outlets that allow for faster recharging of electric vehicles.
Any vehicle that is licensed and registered for operation
on public and private highways, roads, and streets; and operates either
partially or exclusively using an electric motor powered by an externally
charged on-board battery.
The equipment, including the cables, cords, conductors, connectors,
couplers, enclosures, attachment plugs, power outlets, power electronics,
transformer, switchgear, switches and controls, network interfaces,
point-of-sale equipment, and associated apparatus designed and used
for the purpose of transferring energy from the electric supply system
to a plug-in electric vehicle. EVSE may deliver either alternating
current or, consistent with fast charging equipment standards, direct-current
electricity. "EVSE" is synonymous with "electric vehicle charging
station."
The prewiring of electrical infrastructure at a parking space,
or set of parking spaces, to facilitate easy and cost-efficient future
installation of electric vehicle supply equipment or electric vehicle
service equipment, including, but not limited to, Level Two EVSE and
direct-current fast chargers. Make-ready includes expenses related
to service panels, junction boxes, conduit, wiring, and other components
necessary to make a particular location able to accommodate electric
vehicle supply equipment or electric vehicle service equipment on
a "plug and play" basis. "Make-ready" is synonymous with the term
"charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et
seq.).
EVSE that has restricted access to specific users (e.g., single- and two-family homes, executive parking fleet parking with no access to the general public) and any other EVSE not designated as a public EVSE parking location as per § 375-35.1A.
EVSE that is available for use by the general public and is designated as a public EVSE parking location as per § 375-35.1A.
C.
Approvals and permits.
(1)
An application for development submitted solely for the installation
of EVSE or make-ready parking spaces shall be considered a permitted
accessory use and permitted accessory structure in all zoning or use
districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
(3)
All EVSE and make-ready parking spaces shall be subject to applicable
local and/or Department of Community Affairs permit and inspection
requirements.
(4)
The Zoning Officer shall enforce all signage and installation
requirements described in this section. Failure to meet the requirements
in this section shall be subject to the same enforcement and penalty
provisions as other violations of the Township of Mount Olive's land
use regulations.
(5)
An application for development for the installation of EVSE
or make-ready spaces at an existing gasoline service station, an existing
retail establishment, or any other existing building shall not be
subject to site plan or other Planning Board review, shall not require
variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other
law, rule, or regulation, and shall be approved through the issuance
of a zoning permit by the Zoning Officer, provided the application
meets the following requirements:
(a)
The proposed installation does not violate bulk requirements
applicable to the property or the conditions of the original final
approval of the site plan or subsequent approvals for the existing
gasoline service station, retail establishment, or other existing
building;
(b)
All other conditions of prior approvals for the gasoline service
station, the existing retail establishment, or any other existing
building continue to be met; and
(c)
The proposed installation complies with the construction codes
adopted in or promulgated pursuant to the "State Uniform Construction
Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety
standards concerning the installation, and any state rule or regulation
concerning electric vehicle charging stations.
(6)
An application pursuant to Subsection C(5) above shall be deemed complete if:
(a)
The application, including the permit fee and all necessary
documentation, is determined to be complete;
(b)
A notice of incompleteness is not provided within 20 days after
the filing of the application; or
(c)
A one-time written correction notice is not issued by the Zoning
Officer within 20 days after filing of the application detailing all
deficiencies in the application and identifying any additional information
explicitly necessary to complete a review of the permit application.
(7)
EVSE and make-ready parking spaces installed at a gasoline service
station, an existing retail establishment, or any other existing building
shall be subject to applicable local and/or Department of Community
Affairs inspection requirements.
(8)
A permitting application solely for the installation of electric
vehicle supply equipment permitted as an accessory use shall not be
subject to review based on parking requirements.
D.
Requirements for new installation of EVSE and make-ready parking
spaces.
(1)
As a condition of preliminary site plan approval, for each application
involving a multiple dwelling with five or more units of dwelling
space, which shall include a multiple dwelling that is held under
a condominium or cooperative form of ownership, a mutual housing corporation,
or a mixed-use development, the developer or owner, as applicable,
shall:
(a)
Prepare as make-ready parking spaces at least 15% of the required
off-street parking spaces, and install EVSE in at least 1/3 of the
15% of make-ready parking spaces;
(b)
Within three years following the date of the issuance of the
certificate of occupancy, install EVSE in an additional 1/3 of the
original 15% of make-ready parking spaces; and
(c)
Within six years following the date of the issuance of the certificate
of occupancy, install EVSE in the final 1/3 of the original 15% of
make-ready parking spaces.
(d)
Throughout the installation of EVSE in the make-ready parking
spaces, at least 5% of the electric vehicle supply equipment shall
be accessible for people with disabilities.
(e)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or make-ready
parking spaces at a faster or more expansive rate than as required
above.
(2)
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection D(1) above shall:
(a)
Install at least one make-ready parking space if there will
be 50 or fewer off-street parking spaces.
(b)
Install at least two make-ready parking spaces if there will
be 51 to 75 off-street parking spaces.
(c)
Install at least three make-ready parking spaces if there will
be 76 to 100 off-street parking spaces.
(d)
Install at least four make-ready parking spaces, at least one
of which shall be accessible for people with disabilities, if there
will be 101 to 150 off-street parking spaces.
(e)
Install at least 4% of the total parking spaces as make-ready
parking spaces, at least 5% of which shall be accessible for people
with disabilities, if there will be more than 150 off-street parking
spaces.
(f)
In lieu of installing make-ready parking spaces, a parking lot
or garage may install EVSE to satisfy the requirements of this subsection.
(g)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or make-ready
parking spaces at a faster or more expansive rate than as required
above.
(h)
Notwithstanding the provisions of this section, a retailer that
provides 25 or fewer off-street parking spaces or the developer or
owner of a single-family home shall not be required to provide or
install any electric vehicle supply equipment or make-ready parking
spaces.
E.
Minimum parking requirements.
(1)
All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to § 550-56 of the Township Code.
(2)
A parking space prepared with EVSE or make-ready equipment shall
count as at least two parking spaces for the purpose of complying
with a minimum parking space requirement. This shall result in a reduction
of no more than 10% of the total required parking.
(3)
All parking space calculations for EVSE and make-ready equipment
shall be rounded up to the next full parking space.
F.
Reasonable standards for all new EVSE and make-ready parking spaces.
(1)
Location and layout of EVSE and make-ready parking spaces is
expected to vary based on the design and use of the primary parking
area. It is expected flexibility will be required to provide the most
convenient and functional service to users. Standards and criteria
should be considered guidelines and flexibility should be allowed
when alternatives can better achieve objectives for provision of this
service.
(2)
Installation.
(a)
Installation of EVSE and make-ready parking spaces shall meet
the electrical subcode of the Uniform Construction Code, N.J.A.C.
5:23-3.16.
(b)
Each EVSE or make-ready parking space that is not accessible
for people with disabilities shall be not less than nine feet wide
or 18 feet in length. Exceptions may be made for existing parking
spaces or parking spaces that were part of an application that received
prior site plan approval.
(c)
To the extent practical, the location of accessible parking
spaces for people with disabilities with EVSE and make-ready equipment
shall comply with the general accessibility requirements of the Uniform
Construction Code, N.J.A.C. 5:23, and other applicable accessibility
standards.
(d)
Each EVSE or make-ready parking space that is accessible for
people with disabilities shall comply with the sizing of accessible
parking space requirements in the Uniform Construction Code, N.J.A.C.
5:23, and other applicable accessibility standards.
(3)
EVSE parking. Regulations regarding the use of EVSE and make-ready parking spaces, and penalties for violations of same, shall be governed by § 375-35.1 of the Township Code.
(4)
Safety.
(a)
Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection F(5) below.
(b)
Where EVSE is installed, adequate site lighting and landscaping
shall be provided in accordance with the Township of Mount Olive's
ordinances and regulations.
(c)
Publicly accessible EVSEs shall be maintained in all respects,
including the functioning of the equipment. A twenty-four-hour on-call
contact shall be provided on the equipment for reporting problems
with the equipment or access to it. To allow for maintenance and notification,
the Township of Mount Olive shall require the owners/designee of publicly
accessible EVSE to provide information on the EVSE's geographic location,
date of installation, equipment type and model, and owner contact
information.
(d)
The following requirements are subject to Township construction
permit approval:
[1]
Adequate EVSE protection, such as concrete-filled
steel bollards, shall be used for publicly accessible EVSE. Nonmountable
curbing may be used in lieu of bollards if the EVSE is set back a
minimum of 24 inches from the face of the curb. Any stand-alone EVSE
bollards should be three feet to four feet high with concrete footings
placed to protect the EVSE from accidental impact and to prevent damage
from equipment used for snow removal.
[2]
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in Subsection F(4)(d)[3] below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
[3]
Each EVSE shall incorporate a cord management system
or method to minimize the potential for cable entanglement, user injury,
or connector damage. Cords shall be retractable or have a place to
hang the connector and cord a safe and sufficient distance above the
ground or pavement surface. Any cords connecting the charger to a
vehicle shall be configured so that they do not cross a driveway,
sidewalk, or passenger unloading area.
[4]
Where EVSE is provided within a pedestrian circulation
area, such as a sidewalk or other accessible route to a building entrance,
the EVSE shall be located so as not to interfere with accessibility
requirements of the Uniform Construction Code, N.J.A.C. 5:23, and
other applicable accessibility standards.
(5)
Signs.
(a)
Publicly accessible EVSE shall have posted regulatory signs,
as identified in this section, allowing only charging electric vehicles
to park in such spaces. For purposes of this section, "charging" means
that an electric vehicle is parked at an EVSE and is connected to
the EVSE. If time limits or vehicle removal provisions are to be enforced,
regulatory signs including parking restrictions shall be installed
immediately adjacent to, and visible from, the EVSE. For private EVSE,
installation of signs and sign text is at the discretion of the owner.
(b)
All regulatory signs shall comply with visibility, legibility,
size, shape, color, and reflectivity requirements contained within
the Federal Manual on Uniform Traffic Control Devices as published
by the Federal Highway Administration.
(c)
Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection F(5)(b) above.
(d)
In addition to the signage described above, the following information
shall be available on the EVSE or posted at or adjacent to all publicly
accessible EVSE parking spaces: