[Amended 10-5-2010 by Ord. No. 23-2010; 10-28-2014 by Ord. No. 22-2014; 10-1-2019 by Ord. No. 19-2019; 3-10-2026 by Ord. No. 10-2026]
A. 
The provisions of this chapter 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.
C. 
Compliance.
(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 chapter 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 as well as the 3100 Continental Drive Redevelopment Overlay District 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.[1]
[1]
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. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ADULT ENTERTAINMENT
(1) 
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;
(2) 
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
(3) 
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.
PERSON
An individual, proprietorship, partnership, corporation, association or other legal entity.
SPECIFIED ANATOMICAL AREA
(1) 
Less than completely and opaquely covered human genitals, pubic region, buttock or female breast below a point immediately above the top of the areola; or
(2) 
Human male genital in a discernibly turgid state, even if covered.
SPECIFIED SEXUAL ACTIVITY
(1) 
The fondling or other erotic touching of covered or uncovered human genital, pubic region, buttock or female breast; or
(2) 
Any actual or simulated act of human masturbation, sexual intercourse or deviate sexual intercourse.
B. 
Restrictions.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(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.
(2) 
Every adult entertainment facility 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 adult entertainment facility already lawfully operating on the effective date of this section.
(3) 
No adult entertainment facility 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) 
An adult entertainment facility 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.
[1]
Editor's Note: Former § 550-81, Apartments and townhouses, of the 2015 Code, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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-type fence or wall" shall mean any fence or wall with open space between members of less than 45% of the width of the members.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(10) 
Postholes for fences shall be dug below the frost level, not less than 30 inches deep, as approved by the Township Construction Official.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(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 24 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(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:
(a) 
Ponds, lakes, streams, rivers and all other natural bodies of water.
(b) 
Any structure or containers of water or ponds, lakes, streams or rivers used for commercial agricultural purposes or the raising of livestock.
(c) 
Aboveground pools which are no closer than 250 feet to any boundary line.
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 section shall, upon conviction thereof, be subject to a penalty as provided in § 550-3; and each day that a violation is permitted to exist shall constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[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.
(1) 
Delineation of buffers and stream corridors as defined in § 550-5 of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(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: Original § 400-83, Historic preservation districts, of the 1990 Code, 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; 5-9-2006 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; 3-31-2020 by Ord. No. 7-2020; 10-15-2024 by Ord. No. 32-2024; 2-24-2026 by Ord. No. 4-2026]
A. 
Purpose, applicability and interpretation.
(1) 
This section of the Code sets forth regulations regarding the creation, use occupancy, administration and preservation of very-low-, low- and moderate-income affordable housing units in the Township of Mount Olive consistent with the Mount Laurel doctrine; the New Jersey Fair Housing Act, as amended by P.L. 2024, c. 2, N.J.S.A. 52:27D-301 et seq., (hereinafter the "Act," "FHA" or "FHA-2"); the regulations promulgated pursuant thereto by the New Jersey Department of Community Affairs, Division of Local Planning Services ("LPS") at N.J.A.C. 5:99 et seq., and the Housing and Mortgage Finance Agency's ("HMFA") Uniform Housing Affordability Controls ("UHAC") at N.J.A.C. 5:80-26.1 et seq.; and the Township's Fourth Round Housing Element and Fair Share Plan ("HEFSP").
(2) 
This section is intended to ensure that very-low-, low- and moderate-income units ("affordable units") are created with controls on affordability over time and that very-low-, low- and moderate-income households shall occupy these units in accordance with applicable statutory and regulatory requirements. The provisions of this Code shall apply to all inclusionary developments, individual affordable units, and 100% affordable housing developments except where inconsistent with applicable law. Low-Income Housing Tax Credit financed developments shall adhere to the provisions set forth below in item Subsection A(5)(c) below.
(3) 
The Township of Mount Olive Planning Board has adopted a HEFSP pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-1 et seq. The Fair Share Plan describes the ways the Township shall address its fair share of very-low-, low- and moderate-income housing as approved by the Superior Court and documented in the Housing Element.
(4) 
This section implements and incorporates the relevant provisions of the HEFSP and addresses the requirements of the Mt. Laurel doctrine, the FHA, N.J.A.C. 5:99, NJ Supreme Court upheld COAH regulations at N.J.A.C. 5:93 and 5:97, and UHAC at N.J.A.C. 5:80-26.1 et seq, as may be amended and supplemented.
(5) 
Applicability.
(a) 
Except where specifically exempted hereinafter, the provisions of this Code shall apply to all affordable housing developments and affordable housing units that currently exist and that are proposed to be created pursuant to the municipality's most recently adopted HEFSP.
(b) 
Except where specifically exempted hereinafter, this Code shall apply to all developments that contain very-low-, low- and moderate-income housing units included in the Township's HEFSP, as well as any unanticipated future development or redevelopment projects that will include, are proposed to provide or be required by the Township to provide very-low-, low- and moderate-income housing units.
(c) 
Projects receiving federal Low Income Housing Tax Credit financing shall be required to follow the UHAC unless exempt pursuant to N.J.A.C. 5:80-26.1, including but not limited to developments with anticipated funding from the Federal Low Income Housing Tax Credit (LIHTC) pursuant to Section 42 of the Internal Revenue Code. Developers, landlords, and program sponsors shall be required to comply with administration and affirmative marketing of the affordable units within such developments.
(d) 
A waiver from any provision of this Code may be granted by the County-level Mount Laurel Judge, the Program or any trial court if it would advance the interests of low- and moderate-income households or if strict compliance would cause an unreasonable result.
(6) 
Interpretation.
(a) 
In the event of any ambiguity, the provisions of this Code shall be interpreted and liberally construed in favor of the Township.
(b) 
Nothing herein is intended to modify the Township's right to rely upon the most favorable version of the Council on Affordable Housing's regulations on municipal credits, adjustments and compliance mechanisms at N.J.A.C. 5:93 and 5:97, unless such regulations are contradicted by statute, including P.L. 2024, c. 2, or have been held invalid by binding court precedent in accordance with N.J.S.A. 52:27D-311m.
B. 
Definitions. As used herein the following terms shall have the following meanings:
95/5 RESTRICTION
Means a deed restriction governing 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, as it was in effect at the time of the receipt of substantive certification, before October 1, 2001, and/or any other deed restriction governing a restricted ownership unit with a seller repayment option requiring 95% of the price differential to be paid to the municipality or an instrument of the municipality at the closing of a sale at market price.
ACCESSORY APARTMENTS
Means a residential dwelling unit that provides complete independent living facilities with a private entrance for one or more persons, consisting of provisions for living, sleeping, eating, sanitation, and cooking, including a stove and refrigerator, and is located within a proposed preexisting primary dwelling, within an existing or proposed structure that is an accessory to a dwelling on the same lot, constructed in whole or part as an extension to a proposed or existing primary dwelling, or constructed as a separate detached structure on the same lot as the existing or proposed primary dwelling. Accessory apartments are also referred to as "accessory dwelling units."
ACT, FHA and FHA-2
Means the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq., as amended by P.L. 2024, c. 2.
ADAPTABLE
Means constructed in compliance with the technical design standards of the barrier free subcode adopted by the Commissioner of Community Affairs pursuant to the "State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.) and in accordance with the provisions of section 5 of P.L. 2005, c. 350 (N.J.S.A. 52:27D-123.15).
ADMINISTRATIVE AGENT
Means the entity approved by the Division responsible for the administration of affordable units, in accordance with N.J.A.C. 5:99-7, and UHAC at N.J.A.C. 5:80-26.15.
AFFIRMATIVE MARKETING
Means a regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.16.
AFFIRMATIVE MARKETING PLAN
Means the municipally adopted plan of strategies from which the administrative agent will choose to implement as part of the Affirmative Marketing requirements.
AFFIRMATIVE MARKETING PROCESS or PROGRAM
Means the actual undertaking of Affirmative Marketing activities in furtherance of each project with very-low-, low- and moderate-income units.
AFFORDABILITY ASSISTANCE
Means the use of funds to render housing units more affordable to low- and moderate-income households and includes, but is not limited to, down payment assistance, security deposit assistance, low interest loans, rental assistance, assistance with homeowner's association or condominium fees and special assessments, common maintenance expenses, and assistance with emergency repairs and rehabilitation to bring deed-restricted units up to code, pursuant to N.J.A.C. 5:99-2.5.
AFFORDABILITY AVERAGE
Means an average of the percentage of regional median income at which restricted units in an affordable development are affordable to low- and moderate-income households.
AFFORDABLE
Means, in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth at N.J.A.C. 5:80-26.7 and, in the case of a rental unit, that the rent for the unit conforms to the standards set forth at N.J.A.C. 5:80-26.13.
AFFORDABLE HOUSING DEVELOPMENT
Means a development included in a municipality's housing element and fair share plan, and includes, but is not limited to, an inclusionary development, a municipally sponsored affordable housing project, or a 100% affordable development. This includes developments with affordable units on-site, off-site, or provided as a payment in-lieu of construction only if such a payment-in-lieu option has been previously approved by the Program or Superior Court as part of the HEFSP. Payments in lieu of construction were invalidated per P.L. 2024, c. 2.
AFFORDABLE HOUSING DISPUTE RESOLUTION PROGRAM or THE PROGRAM
Refers to the dispute resolution program established pursuant to N.J.S.A. 52:27D-313.2.
AFFORDABLE HOUSING MONITORING SYSTEM or AHMS
Means the Department's cloud-based software application, which shall be the central repository for municipalities to use for reporting detailed information regarding affordable housing developments, affordable housing unit completions, and the collection and expenditures of funds deposited into the municipal affordable housing trust fund.
AFFORDABLE HOUSING TRUST FUND or AHTF
Means that non-lapsing, revolving trust fund established in DCA pursuant to N.J.S.A. 52:27D-320 and N.J.A.C. 5:43 to be the repository of all State funds appropriated for affordable housing purposes. All references to the "Neighborhood Preservation Nonlapsing Revolving Fund" and "Balanced Housing" mean the AHTF.
AFFORDABLE UNIT
Means a housing unit proposed or developed pursuant to the Act, including units created with municipal affordable housing trust funds.
AGE-RESTRICTED HOUSING
Means a housing unit that is designed to meet the needs of, and is exclusively for, an age-restricted segment of the population such that: 1. All the residents of the development where the unit is situated are 62 years or older; 2. At least 80% of the units are occupied by one person that is 55 years or older; or 3. The development has been designated by the Secretary of HUD as "housing for older persons" as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.
AGENCY
Means the New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
ASSISTED LIVING RESIDENCE
Means a facility licensed by the New Jersey Department of Health to provide apartment-style housing and congregate dining and to ensure that assisted living services are available when needed for four or more adult persons unrelated to the proprietor. Apartment units must offer, at a minimum, one unfurnished room, a private bathroom, a kitchenette, and a lockable door on the unit entrance.
BARRIER-FREE ESCROW
Means the holding of funds collected to adapt affordable unit entrances to be accessible in accordance with N.J.S.A. 52:27D-311a et seq. Such funds shall be held in a municipal affordable housing trust fund pursuant to N.J.A.C. 5:99-2.6.
BUILDER'S REMEDY
Means court-imposed site-specific relief for a litigant who seeks to build affordable housing for which the court requires a municipality to utilize zoning techniques, such as mandatory set-asides or density bonuses, including techniques which provide for the economic viability of a residential development by including housing that is not for low- and moderate-income households.
CERTIFIED HOUSEHOLD
Means a household that has been certified by an administrative agent as a very-low-income household, a low-income household, or a moderate-income household.
CHOICE
Means the no-longer-active Choices in Homeownership Incentives for Everyone Program, as it was authorized by the Agency.
COAH or COUNCIL
Means the Council on Affordable Housing established in, but not of, DCA pursuant to the Act and that was abolished effective March 20, 2024, pursuant to Section 3 at P.L. 2024, c. 2 (N.J.S.A. 52:27D-304.1).
COMMISSIONER
Means the Commissioner of the Department of Community Affairs.
COMPLIANCE CERTIFICATION
Means the certification obtained by a municipality pursuant to Section 3 of P.L. 2024, c. 2 (N.J.S.A. 52:27D-304.1), that protects the municipality from exclusionary zoning litigation during the current round of present and prospective need and through July 1 of the year the next round begins, which is also known as a "judgment of compliance" or "judgment of repose." The term "compliance certification" shall include a judgment of repose granted in an action filed pursuant to Section 13 of P.L. 1985, c. 222 (C52:27D-313).
CONSTRUCTION
Means new construction and additions, but does not include alterations, reconstruction, renovations, conversion, relocation, or repairs, as those terms are defined in the State Uniform Construction Code promulgated pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.).
COUNTY-LEVEL HOUSING JUDGE
Means a judge appointed pursuant to Section 5 at P.L. 2024, c. 2, to resolve disputes over the compliance of municipal fair share affordable housing obligations and municipal Fair Share plans and housing elements with the Act.
DCA and DEPARTMENT
Mean the State of New Jersey Department of Community Affairs.
DEFICIENT HOUSING UNIT
Means a housing unit with health and safety code violations that require the repair or replacement of a major system. A major system includes weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement and/or load-bearing structural systems.
DEPARTMENT
Means the New Jersey Department of Community Affairs.
DEVELOPER
Means the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT
Means the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any building or other structure, or of any mining, excavation, or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
DEVELOPMENT FEE
Means money paid by a developer for the improvement of residential and non-residential property as permitted pursuant to N.J.S.A. 52:27D-329.2 and 40:55D-8.1 through 40:55D-8.7 and N.J.A.C. 5:99-3.
DISPUTE RESOLUTION PROGRAM
Means the Affordable Housing Dispute Resolution Program, established pursuant to Section 5 at P.L. 2024, c. 2 (N.J.S.A. 52:27D-313.2).
DIVISION
Means the Division of Local Planning Services within the Department of Community Affairs.
EMERGENT OPPORTUNITY
Means a circumstance that has arisen whereby affordable housing will be able to be produced through a delivery mechanism not originally contemplated by or included in a fair share plan that has been the subject of a compliance certification.
EQUALIZED ASSESSED VALUE or EAV
Means the assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with Sections 1, 5, and 6 at P.L. 1973, c. 123 (N.J.S.A. 54:1-35a, 54:1-35b, and 54:1-35c). Estimates at the time of building permit may be obtained by the tax assessor using construction cost estimates. Final EAV shall be determined at project completion by the municipal assessor.
EQUITY SHARE AMOUNT
Means the product of the price differential and the equity share, with the equity share being the whole number of years that have elapsed since the last non-exempt sale of a restricted ownership unit, divided by 100, except that the equity share may not be less than 5% and may not exceed 30%.
EXCLUSIONARY ZONING LITIGATION
Means litigation challenging the fair share plan, housing element, ordinances, or resolutions that implement the fair share plan or housing element of a municipality based on alleged noncompliance with the Act or the Mount Laurel doctrine, which litigation shall include, but shall not be limited to, litigation seeking a builder's remedy.
EXIT SALE
Means the first authorized non-exempt sale of a restricted unit following the end of the control period, which sale terminates the affordability controls on the unit.
EXTENSION OF EXPIRING CONTROLS
Means extending the deed restriction period on units where the controls will expire in the current round of a housing obligation, so that the total years of a deed restriction is at least 60 years.
FAIR SHARE OBLIGATION
Means the total of the present need and prospective need, including prior rounds, as determined by the Affordable Housing Dispute Resolution Program, or a court of competent jurisdiction.
FAIR SHARE PLAN
Means the plan or proposal, with accompanying ordinances and resolutions, by which a municipality proposes to satisfy its constitutional obligation to create a realistic opportunity to meet its fair share of low- and moderate-income housing needs of its region and which details the affirmative measures the municipality proposes to undertake to achieve its fair share of low- and moderate-income housing, as provided in the municipal housing element, and which addresses the development regulations necessary to implement the housing element, including, but not limited to, inclusionary requirements and development fees, and the elimination of unnecessary housing cost-generating features from the municipal land use ordinances and regulations.
FHA
Means the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq.
GREEN BUILDING STRATEGIES
Means the strategies that minimize the impact of development on the environment, and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.
HMFA or THE AGENCY
Means the New Jersey Housing and Mortgage Finance Agency established pursuant to P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
HOUSEHOLD INCOME
Means a household's gross annual income calculated in a manner consistent with the determination of annual income pursuant to Section 8 of the United States Housing Act of 1937 (Section 8), not in accordance with the determination of gross income for Federal income tax liability.
HOUSING ELEMENT
Means the portion of a municipality's master plan adopted in accordance with the Municipal Land Use Law (MLUL) at N.J.S.A. 40:55D-28.b(3) and the Act consisting of reports, statements proposals, maps, diagrams, and text designed to meet the municipality's fair share of its region's present and prospective housing needs, particularly with regard to low- and moderate-income housing, which shall include the municipal present and prospective obligation for affordable housing, determined pursuant to Subsection f at N.J.S.A. 52:27D-304.1.
HOUSING REGION
Means a geographic area established pursuant to N.J.S.A. 52:27D-304.2b.
INCLUSIONARY DEVELOPMENT
Means a residential housing development in which a substantial percentage of the housing units are provided for a reasonable income range of low- and moderate-income households.
JUDGMENT OF COMPLIANCE or JUDGMENT FOR REPOSE
Means a determination issued by the Superior Court approving a municipality's fair share plan to satisfy its affordable housing obligation for a particular 10-year round.
LOW-INCOME HOUSEHOLD
Means a household with a household income equal to 50% or less of the regional median income.
LOW-INCOME UNIT
Means a restricted unit that is affordable to a low-income household.
MAJOR SYSTEM
Means the primary structural, mechanical, plumbing, electrical, fire protection, or occupant service components of a building which include but are not limited to, weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement or load-bearing structural systems.
MIXED USE DEVELOPMENT
Means any development that includes both a non-residential development component and a residential development component, and shall include developments for which: (1) there is a common developer for both the residential development component and the non-residential development component, provided that for purposes of this definition, multiple persons and entities may be considered a common developer if there is a contractual relationship among them obligating each entity to develop at least a portion of the residential or non-residential development, or both, or otherwise to contribute resources to the development; and (2) the residential and non-residential developments are located on the same lot or adjoining lots, including, but not limited to, lots separated by a street, a river, or another geographical feature.
MODERATE-INCOME HOUSEHOLD
Means a household with a household income in excess of 50% but less than 80% of the regional median income.
MODERATE-INCOME UNIT
Means a restricted unit that is affordable to a moderate-income household.
MONI
Means the no-longer-active Market Oriented Neighborhood Investment Program, as it was authorized by the Agency.
MUNICIPAL AFFORDABLE HOUSING TRUST FUND
Means a separate, interest-bearing account held by a municipality for the deposit of development fees, payments in lieu of constructing affordable units on sites zoned for affordable housing previously approved prior to March 20, 2024 (per P.L. 2024, c. 2), barrier-free escrow funds, recapture funds, proceeds from the sale of affordable units, rental income, repayments from affordable housing program loans, enforcement fines, unexpended RCA funds remaining from a completed RCA project, application fees, and any other funds collected by the municipality in connection with its affordable housing programs, which shall be used to address municipal low- and moderate-income housing obligations within the time frames established by the Legislature and this chapter.
MUNICIPAL DEVELOPMENT FEE ORDINANCE
Means an ordinance adopted by the governing body of a municipality that authorizes the collection of development fees.
MUNICIPAL HOUSING LIAISON or MHL
Means an appointed municipal employee who is, pursuant to N.J.A.C. 5:99-6, responsible for oversight and/or administration of the affordable units created within the municipality.
NEW CONSTRUCTION
Means the creation of a new housing unit under regulation by a code enforcement official regardless of the means by which the unit is created. Newly constructed units are evidenced by the issuance of a certificate of occupancy and may include new residences created through additions and alterations, adaptive reuse, subdivision, or conversion of existing space, and moving a structure from one location to another.
NEW JERSEY AFFORDABLE HOUSING TRUST FUND
Means an account established pursuant to N.J.S.A. 52:27D-320.
NEW JERSEY HOUSING RESOURCE CENTER or HOUSING RESOURCE CENTER
Means the online affordable housing listing portal, or its successor, overseen by the Agency pursuant to N.J.S.A. 52:27D-321.3 et seq.
NON-EXEMPT SALE
Means any sale or transfer of ownership of a restricted unit to one's self or to another individual other than the transfer of ownership between spouses or civil union partners; the transfer of ownership between former spouses or civil union partners 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.
NON-RESIDENTIAL DEVELOPMENT
Means:
(1) 
Any building or structure, or portion thereof, including, but not limited to, any appurtenant improvements, which is designated to a use group other than a residential use group according to the State Uniform Construction Code, N.J.A.C. 5:23, promulgated to effectuate the State Uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq., including any subsequent amendments or revisions thereto;
(2) 
Hotels, motels, vacation timeshares, and child-care facilities; and
(3) 
The entirety of all continuing care facilities within a continuing care retirement community which is subject to the Continuing Care Retirement Community Regulation and Financial Disclosure Act, N.J.S.A. 52:27D-330 et seq.
NON-RESIDENTIAL DEVELOPMENT FEE
Means the fee authorized to be imposed pursuant to N.J.S.A. 40:55D-8.1 through 40:55D-8.7.
NONPROFIT
Means an organization granted nonprofit status in accordance with section 501(c)(3) of the Internal Revenue Code.
ORDER FOR REPOSE
Means the protection a municipality has from a builder's remedy lawsuit for a period of time from the entry of a judgment of compliance by the Superior Court. A judgment of compliance often results in an order for repose.
PAYMENT IN LIEU OF CONSTRUCTING AFFORDABLE UNITS
Means the prior approval of the payment of funds to the municipality by a developer when affordable units are not produced on a site zoned for an inclusionary development, as modified by P.L. 2024, c. 2. The statutory permission for payments in lieu of constructing affordable units was modified by P.L. 2024, c. 2.
PERSON WITH A DISABILITY
Means a person with a physical disability, infirmity, malformation, or disfigurement which is caused by bodily injury, birth defect, aging, or illness including epilepsy and other seizure disorders, and which shall include, but not be limited to, any degree of paralysis, amputation, lack of physical coordination, blindness or visual impairment, deafness or hearing impairment, the inability to speak or a speech impairment, or physical reliance on a service animal, wheelchair, or other remedial appliance or device.
PRICE DIFFERENTIAL
Means the difference between the controlled sale price of a restricted unit and the contract price at the exit sale of the unit, determined as of the date of a proposed contract of sale for the unit. If there is no proposed contract of sale, the price differential is the difference between the controlled sale price of a restricted unit and the appraised value of the unit as if it were not subject to UHAC, determined as of the date of the appraisal. If the controlled sale price exceeds the contract price or, in the absence of a contract price, the appraised value, the price differential is zero dollars.
PRIOR ROUND UNIT
Means a housing unit that addresses a municipality's fair share obligation from a round prior to the fourth round of affordable housing obligations, including, but not limited to, any affordable unit that: (1) was created pursuant to a judgment, court order, builder's remedy, or settlement resolving any Mount Laurel or exclusionary zoning litigation; (2) received substantive certification from COAH; (3) is part of a third-round settlement agreement or judgment of compliance approved by a court of competent jurisdiction, inclusive of units created pursuant to a zoning designation adopted as part of the settlement agreement or judgment of compliance to create a realistic opportunity for development; (4) is subject to a grant agreement or other contract with either the State or a political subdivision thereof entered into prior to July 1, 2025, pursuant to either item (1), (2) or (3) above; or (5) otherwise addresses a municipality's fair share obligation from a round prior to the fourth round of affordable housing obligations. A unit created after the enactment of P.L. 2024, c. 2 (N.J.S.A. 52:27D-304.1) on March 20, 2024, is not a prior round unit unless: (1) it is created pursuant to a prior round development plan or zoning designation that received COAH or court approval on or before the cutoff date of June 30, 2025, or the date that the municipality adopts the implementing ordinances and resolutions for the fourth round of affordable housing obligations, whichever occurs sooner; and (2) its siting and creation are consistent with the form of the prior round development plan or zoning designation in effect as of the cutoff date, without any amendment or variance.
PROGRAM
Means the Affordable Housing Dispute Resolution Program, established pursuant to Section 5 of P.L. 2024, c. 2 (N.J.S.A. 52:27D-313.2).
PROSPECTIVE NEED
Means a projection of housing needs based on development and growth which is reasonably likely to occur in a region or a municipality, as the case may be, as a result of actual determination of public and private entities. Prospective need shall be determined by the methodology set forth pursuant to Sections 6 and 7 of P.L. 2024, c. 2 (N.J.S.A. 52:27D-304.2 and 52:27D-304.3) for the fourth round and all future rounds of housing obligations.
QUALIFIED URBAN AID MUNICIPALITY
Means a municipality that meets the criteria established pursuant to N.J.S.A. 52:27D-304.3.c(1).
RANDOM SELECTION PROCESS
Means a lottery process by which currently income-eligible applicant-households are selected, at random, for placement in affordable housing units such that no preference is given to one applicant over another, except in the case of a veterans' preference where such an agreement exists; for purposes of matching household income and size with an appropriately priced and sized affordable unit; or another purpose allowed pursuant to N.J.A.C. 5:80-26.7(k)3. This definition excludes any practices that would allow affordable housing units to be leased or sold on a first-come-first-served basis.
RCA ADMINISTRATOR
Means an appointed municipal employee who is responsible for oversight and/or administration of affordable units and associated revenues and expenditures within the municipality that were funded through regional contribution agreements.
RCA PROJECT PLAN
Means a past application, submitted by a receiving municipality in an RCA, delineating the manner in which the receiving municipality intended to create or rehabilitate low- and moderate-income housing.
RECEIVING MUNICIPALITY
Means, for the purposes of an RCA, a municipality that contractually agreed to assume a portion of another municipality's fair share obligation.
RECONSTRUCTION
Means any project where the extent and nature of the work is such that the work area cannot be occupied while the work is in progress and where a new certificate of occupancy is required before the work area can be reoccupied, pursuant to the Rehabilitation Subcode of the Uniform Construction Code, N.J.A.C. 5:23-6. Reconstruction shall not include projects comprised only of floor finish replacement, painting or wallpapering, or the replacement of equipment or furnishings. Asbestos hazard abatement and lead hazard abatement projects shall not be classified as reconstruction solely because occupancy of the work area is not permitted.
RECREATIONAL FACILITIES AND COMMUNITY CENTERS
Means any indoor or outdoor buildings, spaces, structures, or improvements intended for active or passive recreation, including, but not limited to, ballfields, meeting halls, and classrooms, accommodating either organized or informal activity.
REGIONAL CONTRIBUTION AGREEMENT or RCA
Means a contractual agreement, pursuant to the Act, into which two municipalities voluntarily entered into and was approved by COAH and/or Superior Court prior to July 18, 2008, to transfer a portion of a municipality's affordable housing obligation to another municipality within its housing region.
REGIONAL MEDIAN INCOME
Means the median income by household size for an applicable housing region, as calculated annually in accordance with N.J.A.C. 5:80-26.3.
REHABILITATION
Means the repair, renovation, alteration, or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.
RENT
Means 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. With respect to units in assisted living residences, rent does not include charges for food and services.
RESIDENTIAL DEVELOPMENT FEE
Means money paid by a developer for the improvement of residential property as permitted pursuant to N.J.S.A. 52:27D-329.2 and N.J.A.C. 5:99-3.2.
RESTRICTED UNIT
Means a dwelling unit, whether a rental unit or ownership unit, that is subject to the affordability controls of this section but does not include a market-rate unit that was financed pursuant to UHORP, MONI, or CHOICE.
SPENDING PLAN
Means a method of allocating funds contained in an affordable housing trust fund account, which includes, but is not limited to, development fees collected and to be collected pursuant to an approved municipal development fee ordinance, or pursuant to N.J.S.A. 52:27D-329.1 et seq., for the purpose of meeting the housing needs of low- and moderate-income individuals.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN or STATE PLAN
Means the plan prepared pursuant to Sections 1 through 12 of the "State Planning Act," P.L. 1985, c. 398 (N.J.S.A. 52:18A-196 et al.), designed to represent a balance of development and conservation objectives best suited to meet the needs of the State, and for the purpose of coordinating planning activities and establishing Statewide planning objectives in the areas of land use, housing, economic development, transportation, natural resource conservation, agriculture and farmland retention, recreation, urban and suburban redevelopment, historic preservation, public facilities and services, and intergovernmental coordination pursuant to Subsection f of Section 5 of P.L. 1985, c. 398 (N.J.S.A. 52:18A-200).
SUPPORTIVE HOUSING HOUSEHOLD
Means a very-low-, low- or moderate-income household certified as income eligible by an administrative agent in accordance with N.J.A.C. 5:80-26.14, in which at least one member is an individual who requires supportive services to maintain housing stability and independent living and who is part of a population identified by federal or state statute, regulation, or program guidance as eligible for supportive or special needs housing. Such populations include, but are not limited to: persons with intellectual or developmental disabilities, persons with serious mental illness, person with head injuries (as defined in Section 2 of P.L. 1977), persons with physical disabilities or chronic health conditions, persons who are homeless as defined by the U.S. Department of Housing and Urban Development at 24 CFR Part 578, survivors of domestic violence, youth aging out of foster care, and other special needs populations recognized under programs administered by the U.S. Department of Housing and Urban Development, the Low-Income Housing Tax Credit Program, the McKinney-Vento Act, or the New Jersey Department of Human Services. A supportive housing household may include family members, unrelated individuals, or live-in aides, provided that the household meets the income eligibility requirements of this section, except that in the case of unrelated individuals not operating as a family unit, income eligibility shall be tested on an individual basis rather than in the aggregate; the unit is leased or sold subject to the affordability controls established herein; and the supportive services available to the household are designed to promote housing stability, independent living, and community integration. The determination of whether unrelated individuals are operating as a family unit shall be made based on the applicant's self-identification of household members on the affordable housing application.
SUPPORTIVE HOUSING SPONSORING PROGRAM
Means grant or loan program which provided financial assistance to the development of the unit.
SUPPORTIVE HOUSING UNIT
Means a restricted rental unit, as defined by N.J.S.A. 34:1B-21.24, that is affordable to very-low-, low- or moderate-income households and is reserved for occupancy by a supportive housing household. Supportive housing units are also referred to as permanent supportive housing units.
TRANSITIONAL HOUSING
Means temporary housing that: (1) includes, but is not limited to, single-room occupancy housing or shared living and supportive living arrangements; (2) provides access to on-site or off-site supportive services for very-low-income households who have recently been homeless or lack stable housing; (3) is licensed by the department; and (4) allows households to remain for a minimum of six months.
TREASURER
Means the Treasurer of the State of New Jersey.
UHAC
Means the Uniform Housing Affordability Controls set forth at N.J.A.C. 5:80-26.1 et seq.
UHORP
Means the Agency's Urban Homeownership Recovery Program, as it was authorized by the Agency Board.
UNIT TYPE
Means type of dwelling unit with various building standards including but not limited to single-family detached, single-family attached/townhouse, stacked townhouse (attached building containing two units each with separate entrances), duplex (detached building containing two units each with separate entrances), triplex (three units each with separate entrance), quadplex (four units each with separate entrance), multifamily/flat (two or more units with a shared entrance). Inclusion of a garage, or not, shall not define the unit type.
VERY-LOW-INCOME HOUSEHOLD
Means a household with a household income less than or equal to 30% of the regional median income.
VERY-LOW-INCOME HOUSING
Means housing affordable according to the Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income equal to 30% or less of the median gross household income for households of the same size within the housing region in which the housing is located.
VERY-LOW-INCOME UNIT
Means a restricted unit that is affordable to a very-low-income household.
VETERAN
Means a veteran as defined at N.J.S.A. 54:4-8.10.
VETERANS' PREFERENCE
Means the agreement between a municipality and a developer or residential development owner that allows for low- to moderate-income veterans to be given preference for up to 50% of rental units in relevant projects, as provided for at N.J.S.A. 52:27D-311j.
WEATHERIZATION
Means building insulation (for attic, exterior walls and crawl space), siding to improve energy efficiency, replacement storm windows, replacement storm doors, replacement windows and replacement doors and is considered a major system for rehabilitation.
C. 
Monitoring and reporting requirements.
(1) 
In accordance with the Act and N.J.A.C. 5:99 et seq., the Township is required to annually provide updated affordable housing monitoring activity and affordable housing trust fund activity through the Department's Affordable Housing Monitoring Service on or before February 15 annually.
(2) 
All developers, program sponsors and landlords of developments or projects containing affordable housing in the Township shall be required to provide all necessary information related to the status of construction and occupancy of each affordable unit within the respective developer, program sponsor or landlord's development to the Township's Municipal Housing Liaison by no later than January 2 annually for the previous year.
D. 
Municipality-wide mandatory set-aside.
(1) 
A development, other than single-family detached dwelling, providing a minimum of five new housing units created through any municipal rezoning or Planning Board action, use or density variance, redevelopment plan, or rehabilitation plan that provides for densities at or above six units per acre, is required to include an affordable housing set-aside of at least 20%.
(2) 
Nothing in this section shall preclude the Township or the Township Planning Board from imposing an affordable housing set-aside of at least 20% on any other application for development or redevelopment not listed in Subsection D(1) above.
(3) 
Any affordable units generated through such mandatory set-aside shall be subject to all other provisions of this section.
(4) 
All such affordable units shall be governed by this section the controls on affordability, including bedroom distribution, and affirmatively marketed to the housing region in conformance with the UHAC at N.J.A.C. 5:80-26.1 et seq., any successor regulation, and all other applicable laws.
(5) 
No subdivision shall be permitted or approved for the purpose of avoiding compliance with this requirement. Developers cannot, for example, subdivide a project into two lots and then make each of them a number of units just below the threshold.
(6) 
The mandatory set-aside requirements of this section do not give any developer the right to any rezoning, variance or other relief, or establish any obligation on the part of the municipality to grant such rezoning, variance or other relief.
(7) 
This municipality-wide mandatory set-aside requirement does not apply to any sites or specific zones otherwise identified in the HEFSP, for which density and set-aside requirements shall be governed by the specific standards as set forth therein.
(8) 
In the event that the inclusionary set-aside of 20% of the total number of residential units does not result in a full integer, the developer shall choose one of two options for addressing the fractional unit:
(a) 
The developer may round the set-aside upward to construct a whole additional affordable unit; or
(b) 
If the set-aside includes a fractional unit equal to 0.49 or less, the developer may round the set-aside downward and construct the lesser whole number of affordable units and shall also contribute the fractional subsidy payment ("fractional subsidy payment") to be made to the municipality and deposited in the municipal Affordable Housing Trust Fund. The fractional subsidy payment amount shall be calculated as the fractional unit multiplied by the base subsidy payment amount currently established by the municipality as the average subsidy reflected in financial pro formas for 100% affordable housing or subsidized developments in the municipality or region on file with the municipality. For example, if seven total units are developed at an inclusionary site, a 20% set-aside would require 1.4 affordable units. Per the requirements above:
The developer shall round up the 0.4 unit to one whole affordable unit so as to construct a total of two affordable housing units; or the developer shall round the set-aside downward so as to construct only one affordable unit AND shall pay into the municipal Affordable Housing Trust Fund a fractional subsidy payment equal to the dollar amount established by the municipality multiplied by 0.4.
E. 
New construction. Per the definition of "new construction," this section governs the creation of new affordable housing units regardless of the means by which the units are created. Newly constructed units may include new residences constructed or created through other means.
(1) 
The following requirements shall apply to all new or planned developments that contain very-low-, low- and moderate-income housing units. To the extent possible, details related to the adherence to the requirements below shall be outlined in the resolution granting municipal subdivision or site plan approval of the project to assist municipal representatives, developers and administrative agents.
(2) 
Completion Schedule (previously known as phasing). Final site plan or subdivision approval shall be contingent upon the affordable housing development meeting the following completion schedule for very-low-, low- and moderate-income units whether developed in a single-phase development, or in a multi-phase development:
Maximum Percentage of Market-Rate Units Issued a Temporary or Final Certificate of Occupancy
Minimum Percentage of Affordable Units Issued a Temporary or Final Certificate of Occupancy
25 plus one unit
10
50
50
75
75
90
100
(3) 
Design. The following design requirements apply to affordable housing developments, excluding prior round units.
(a) 
Design of 100% affordable developments:
[1] 
Restricted units must meet the minimum square footage required for the number of inhabitants for which the unit is marketed and the minimum square footage required for each bedroom, as set forth in the Neighborhood Preservation Balanced Housing rules at N.J.A.C. 5:43-2.4.
[2] 
Each bedroom in each restricted unit must have at least one window.
[3] 
Restricted units must include adequate air conditioning and heating.
(b) 
Design of developments comprising market-rate rental units and restricted rental units. The following does not apply to prior round units, unless stated otherwise.
[1] 
Restricted units must use the same building materials and architectural design elements (for example, plumbing, insulation, or siding) as market-rate units of the same unit type (for example, flat or townhome) within the same development, except that restricted units and market-rate units may use different interior finishes. This shall apply to prior round units.
[2] 
Restricted units and market-rate units within the same affordable development must be sited such that restricted units are not concentrated in less desirable locations.
[3] 
Restricted units may not be physically clustered so as to segregate restricted and market-rate units within the same development or within the same building, but must be interspersed throughout the development, except that age-restricted and supportive housing units may be physically clustered if the clustering facilitates the provision of on-site medical services or on-site social services. Prior round affordable units shall be integrated with market rate units to the extent feasible.
[4] 
Residents of restricted units must be offered the same access to communal amenities as residents of market-rate units within the same affordable development. Examples of communal amenities include, but are not limited to, community pools, fitness and recreation centers, playgrounds, common rooms and outdoor spaces, and building entrances and exits. This shall apply to prior round units.
[5] 
Restricted units must include adequate air conditioning and heating and must use the same type of cooling and heating sources as market-rate units of the same unit type. This shall apply to prior round units.
[6] 
Each bedroom in each restricted unit must have at least one window.
[7] 
Restricted units must be of the same unit type as market-rate units within the same building.
[8] 
Restricted units and bedrooms must be no less than 90% of the minimum size prescribed by the Neighborhood Preservation Balanced Housing rules at N.J.A.C. 5:43-2.4.
(c) 
Design of developments containing for-sale units, including those with a mix of rental and for-sale units. Restricted rental units shall meet the requirements of Subsection E(3)(b) above. Restricted for-sale units shall comply with the below:
[1] 
Restricted units must use the same building standards as market-rate units of the same unit type (for example, flat, townhome, or single-family home), except that restricted units and market-rate units may use different interior finishes. This shall apply to prior round units;
[2] 
Restricted units may be clustered, provided that the buildings or housing product types containing the restricted units are integrated throughout the development and are not concentrated in an undesirable location or in undesirable locations. Prior round affordable units shall be integrated with market rate units to the extent feasible;
[3] 
Restricted units may be of different unit housing product types than market-rate units, provided that there is a restricted option available for each market-rate housing type. Developments containing market-rate duplexes, townhomes, and/or single-family homes shall offer restricted housing options that also include duplexes, townhomes, and/or single-family homes. Penthouses and higher priced end townhouses may be exempt from this requirement. The proper ratio for restricted to market-rate unit type shall be subject to municipal ordinance or, if not specified, shall be determined at the time of site plan approval;
[4] 
Restricted units must meet the minimum square footage required for the number of inhabitants for which the unit is marketed and the minimum square footage required for each bedroom, as set forth in the Neighborhood Preservation Balanced Housing rules at N.J.A.C. 5:43-2.4;
[5] 
Penthouse and end units may be reserved for market-rate sale, provided that the overall number, value, and distribution of affordable units across the development is not negatively impacted by such reservation(s);
[6] 
Residents of restricted units must be offered the same access to communal amenities as residents of market-rate units within the same affordable development. Examples of communal amenities include, but are not limited to, community pools, fitness and recreation centers, playgrounds, common rooms and outdoor spaces, and building entrances and exits. This shall apply to prior round units;
[7] 
Each bedroom in each restricted unit must have at least one window; and
[8] 
Restricted units must include adequate air conditioning and heating.
(4) 
Utilities.
(a) 
Affordable units shall utilize the same type of cooling and heating source as market-rate units within the affordable housing development.
(b) 
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 in accordance with N.J.A.C. 5:80-26.13(e).
(5) 
Low/moderate split and bedroom distribution.
(a) 
Affordable units shall be divided equally between low- and moderate-income units, except that where there is an odd number of affordable housing units, the extra unit shall be a low-income unit.
(b) 
In each affordable housing development, at least 50% of the restricted units within each bedroom distribution rounded up to the nearest whole number shall be very-low- or low-income units.
(c) 
Within rental developments, of the total number of affordable rental units, at least 13%, rounded up to the nearest whole number, shall be affordable to very-low-income households. The very-low-income units shall be distributed between each bedroom count as proportionally as possible, to the nearest whole unit, to the total number of restricted units within each bedroom count, and counted as part of the required number of low-income units within the development.
(d) 
Affordable housing developments that are not age-restricted or supportive housing shall be structured such that:
[1] 
At a minimum, the number of bedrooms within the restricted units equals twice the number of restricted units;
[2] 
Two-bedroom and/or three-bedroom units compose at least 50% of all restricted units;
[3] 
The combined number of efficiency and one-bedroom units shall be no greater than 20%, rounded down, of the total number of low- and moderate-income units.
[4] 
At least 30% of all low- and moderate-income units, rounded up, shall be two-bedroom units.
[5] 
At least 20% of all low- and moderate-income units, rounded down, shall be three-bedroom units.
[6] 
The remaining units may be allocated among two- and three-bedroom units at the discretion of the developer.
(e) 
Affordable housing developments that are age-restricted or supportive housing, except those supportive housing units whose sponsoring program determines the unit arrangements, shall be structured such that, at a minimum, the number of bedrooms shall equal the number of age-restricted or supportive housing low- and moderate-income units within the inclusionary development. Supportive housing units whose sponsoring program determines the unit arrangement shall comply with all requirements of the sponsoring program. The standard may be met by having all one-bedroom units or by having a two-bedroom unit for each efficiency unit. In affordable housing developments with 20 or more restricted units that are age-restricted or supportive housing, two-bedroom units must comprise at least 5% of those restricted units.
(6) 
Accessibility requirements.
(a) 
Any new construction shall be adaptable; however, elevators shall not be required in any building or within any dwelling unit for the purpose of compliance with this section. In buildings without elevator service, only ground floor dwelling units shall be required to be constructed to conform with the technical design standards of the barrier free subcode. "Ground floor" means the first floor with a dwelling unit or portion of a dwelling unit, regardless of whether that floor is at grade. A building may have more than one ground floor.
(b) 
Notwithstanding the exemption for townhouse dwelling units in the Barrier Free Subcode, the first floor of all townhouse dwelling units and of all other multifloor dwelling units that are attached to at least one other dwelling unit shall be subject to the technical design standards of the Barrier Free Subcode and shall include the following features:
[1] 
An adaptable toilet and bathing facility on the first floor;
[2] 
An adaptable kitchen on the first floor;
[3] 
An interior accessible route of travel however an interior accessible route of travel shall not be required between stories;
[4] 
An adaptable room that can be used as a bedroom, with a door, or the casing for the installation of a door that is compliant with the Barrier Free Subcode, on the first floor;
[5] 
If one or more of the foregoing requirements in Subsection E(6)(b)[1] through [4] above cannot be satisfied, then an interior accessible route of travel shall be provided between stories within an individual unit; and
[6] 
An accessible entranceway as set forth in P.L. 2005, c. 350 (N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C. 5:23-7, or evidence that the municipality has collected funds from the developer sufficient to make 10% of the adaptable entrances in the development accessible:
[a] 
Where a unit has been constructed with an adaptable entrance, upon the request of a disabled person who is purchasing or will reside in the dwelling unit, an accessible entrance shall be installed.
[b] 
To this end, the builder of restricted units shall deposit funds within the Affordable Housing Trust Fund sufficient to install accessible entrances in 10% of the affordable units that have been constructed with adaptable entrances.
[c] 
The funds deposited shall be expended for the sole purpose of making the adaptable entrance of an affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance.
[d] 
The developer of the restricted units shall submit to the Construction Official a design plan and cost estimate for the conversion from adaptable to accessible entrances.
[e] 
Once the Construction Official has determined that the design plan to convert the unit entrances from adaptable to accessible meets the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7, and that the cost estimate of such conversion is reasonable, payment shall be made to the Affordable Housing Trust Fund and earmarked appropriately.
[7] 
Full compliance with the foregoing provisions shall not be required where an entity can demonstrate that it is "site-impracticable" to meet the requirements. If full compliance with this section would be site impracticable, compliance with this section for any portion of the dwelling shall be required to the extent that it is not site impracticable. Determinations of site impracticability shall comply with the Barrier Free Subcode at N.J.A.C. 5:23-7.
F. 
Affordable housing programs. Pursuant to the Act and the UHAC regulations at N.J.A.C. 5:80-26.1 et seq. the Township shall be entitled to rely upon regulations on municipal credits, adjustments, and compliance mechanisms adopted by the Council on Affordable Housing unless those regulations are contradicted by statute, including but not limited to P.L. 2024, c. 2, or binding court decisions. By way of example only, the following is a non-exhaustive list of potential crediting mechanisms the Township may rely upon:
(1) 
Rehabilitation Program.
(2) 
Accessory Apartment Program.
(3) 
Market to Affordable program.
(4) 
Extension of expiring controls in accordance with prevailing law.
(5) 
Assisted living residence.
(6) 
Supportive housing and group homes.
G. 
Regional income limits.
(1) 
Administrative agents shall use the current regional income limits for the purpose of pricing affordable units and determining income eligibility of households.
(2) 
Regional income limits are based on regional median income, which is established by a regional weighted average of the "median family incomes" published by HUD. The procedure for computing the regional median income is detailed in N.J.A.C. 5:80-26.3.
(3) 
Updated regional income limits are effective as of the effective date of the regional Section 8 income limits for the year, as published by HUD, or 45 days after HUD publishes the regional Section 8 income limits for the year, whichever comes later. The new income limits may not be less than those of the previous year.
H. 
Maximum initial rents and sales prices.
(1) 
In establishing rents and sales prices of affordable housing units, the administrative agent shall follow the procedures set forth in UHAC.
(2) 
The average rent for all restricted units within each affordable housing development shall be affordable to households earning no more than 52% of regional median income.
(3) 
The maximum rent for restricted rental units within each affordable housing development shall be affordable to households earning no more than 60% of regional median income. The maximum rent may be increased to no more than 70% of regional median income for moderate-income units within affordable developments where very-low-income units compose at least 13% of the restricted units; however, the number of units with rent affordable to households earning 70% of regional median income may not exceed the number of very-low-income units in excess of 13% (rounded up) of the restricted units.
(4) 
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 at least 13% of all low- and moderate-income rental units shall be affordable to households earning no more than 30% of median income. These very-low-income units shall be part of the low-income requirement and very-low-income units should be distributed between each bedroom count as proportionally as possible, to the nearest whole unit, to the total number of restricted units within each bedroom count.
(5) 
The maximum sales price of restricted ownership units within each affordable housing development shall be affordable to households earning no more than 70% of median income, and each affordable housing development must achieve an affordability average that does not exceed 55% for all restricted ownership units. In achieving this affordability average, moderate-income ownership units must be available for at least three different prices for each bedroom type, and low-income ownership units must be available for at least two different prices for each bedroom type when the number of low- and moderate-income units permits.
(6) 
The master deeds and declarations of covenants and restrictions for affordable developments may not distinguish between restricted units and market-rate units in the calculation of any condominium or homeowner association fees and special assessments to be paid by low- and moderate-income purchasers and those to be paid by market-rate purchasers. Notwithstanding the foregoing sentence, condominium units subject to a municipal ordinance adopted before December 20, 2004, which ordinance provides for condominium or homeowner association fees and/or assessments different from those provided for in this subsection are governed by the ordinance.
(7) 
In determining the initial sales prices and rents for compliance with the affordability average requirements for restricted family units, the following standards shall be met:
(a) 
A studio or efficiency unit shall be affordable to a one-person household;
(b) 
A one-bedroom unit shall be affordable to a one-and-one-half-person household;
(c) 
A two-bedroom unit shall be affordable to a three-person household;
(d) 
A three-bedroom unit shall be affordable to a four-and-one-half-person household; and
(e) 
A four-bedroom unit shall be affordable to a six-person household.
(8) 
In determining the initial rents and sales prices for compliance with the affordability average requirements for restricted units in assisted living facilities and age-restricted and special needs and supportive housing developments, the following standards shall be met:
(a) 
A studio or efficiency unit shall be affordable to a one-person household;
(b) 
A one-bedroom unit shall be affordable to a one-and-one-half-person household; and
(c) 
A two-bedroom unit shall be affordable to a two-person household or to two one-person households. Where pricing is based on two one-person households, the developer shall provide a list of units so priced to the Municipal Housing Liaison and the administrative agent.
(9) 
The initial purchase price for all restricted ownership units shall be calculated so that the monthly carrying cost of the unit, including principal and interest (based on a mortgage loan equal to 95% of the purchase price and the FreddieMac 30-Year Fixed Rate-Mortgage rate of interest), property taxes, homeowner and private mortgage insurance and condominium or homeowner association fees do not exceed 30% of the eligible monthly income of the appropriate size household as determined pursuant to N.J.A.C. 5:80-26.7, as may be amended and supplemented; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.4, as may be amended and supplemented.
(10) 
The initial rent for a restricted rental unit shall be calculated so that the total monthly housing expense, including an allowance for tenant-paid utilities, does not exceed 30% of the gross monthly income of a household of the appropriate size whose income is targeted to the applicable percentage of median income for the unit, as determined pursuant to N.J.A.C. 5:80-26.3, as may be amended and supplemented. The rent shall also comply with the affordability average requirement of N.J.A.C. 5:80-26.4, as may be amended and supplemented. The initial rent for a restricted rental unit shall be calculated so the eligible monthly housing expenses/income, including an allowance for tenant-paid utilities does not exceed 30% of gross income of and the appropriate household size as determined pursuant to N.J.A.C. 5:80-26.3, as may be amended and supplemented.
(11) 
At the anniversary date of the tenancy of the certified household occupying a restricted rental unit, following proper notice provided to the occupant household pursuant to N.J.S.A. 2A:18-61.1f, the rent may be increased to an amount commensurate with the annual percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U), specifically U.S. Bureau of Labor Statistics Series CUUR0100SAH, titled "Housing in Northeast urban, all urban consumers, not seasonally adjusted." Rent increases for units constructed pursuant to Low-Income Housing Tax Credit regulations shall be indexed pursuant to the regulations governing Low-Income Housing Tax Credits.
I. 
Affirmative marketing.
(1) 
Upon approval by a court, developers, program sponsors and landlords of affordable developments shall be required to comply with the Township's most recently approved Affirmative Marketing Plan with respect to the marketing of initial sales and rentals and resales and re-rentals of affordable units within the Township.
(2) 
The Affirmative Marketing Plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of race, creed, color, national origin, ancestry, marital or familial status, gender, affectional or sexual orientation, disability, age, or number of children, to housing units which are being marketed by a developer, sponsor or owner of affordable housing. The Affirmative Marketing Plan is intended to target those potentially eligible persons who are least likely to apply for affordable units in that region. It is a continuing program that directs all marketing activities toward Housing Region 2 and is required to be followed throughout the period of deed restriction.
(3) 
The Affirmative Marketing Plan provides the following preferences, provided that units that remain unoccupied after these preferences are exhausted may be offered to households without regard to these preferences:
(a) 
Where the municipality has entered into an agreement with a developer or residential development owner to provide a preference for very-low-, low-, and moderate-income veterans who served in time of war or other emergency, pursuant to N.J.S.A. 52:27D-311j, there shall be a preference for veterans for up to 50% of the restricted rental units in a particular project.
(b) 
There shall be a regional preference for all households that live and/or work in Housing Region 2 comprising Essex, Morris, Union, and Warren Counties.
(c) 
Subordinate to the regional preference, there shall be a preference for households that live and/or work in New Jersey.
(d) 
With respect to existing restricted units undergoing approved rehabilitation for the purpose of preservation or to restricted units newly created to replace existing restricted units undergoing demolition, a preference for the very-low-, low-, and moderate-income households that are displaced by the rehabilitation or demolition and replacement.
(4) 
The administrative agent designated by the municipality shall implement the Affirmative Marketing Process to ensure the Affirmative Marketing of all affordable units, with the exception of affordable programs that are exempt from Affirmative Marketing as noted herein.
(5) 
The Affirmative Marketing Plan describes the media to be used in advertising and publicizing the availability of housing. In implementing the Affirmative Marketing Process, the administrative agent shall consider the use of language translations where appropriate.
(6) 
Applications for affordable housing or notices thereof, if offered online, shall be available in several locations, including, at a minimum, the County Administration Building and/or the County Library for each county within the housing region; the municipal administration building and municipal library in the municipality in which the units are located; and the developer's rental or sales office. The developer shall mail applications to prospective applicants upon request and shall make applications available through a secure online website address.
(7) 
In addition to other Affirmative Marketing strategies, the administrative agent shall provide specific notice of the availability of affordable housing units on the New Jersey Housing Resource Center website in accordance with applicable law, as well as the following community and regional organizations: Fair Share Housing Center; the Latino Action Network; East Orange NAACP; Newark NAACP; the Morris County Housing Alliance; Morris County NAACP; Housing Partnership for Morris County; Community Access Unlimited; Northwest New Jersey Community Action Program. Inc; Homeless Solutions of Morristown: and the Supportive Housing Association. Any other entities, including developers or persons or companies retained to implement the Affirmative Marketing Process, shall comply with this subsection.
(8) 
In implementing the Affirmative Marketing Process, the administrative agent shall provide a list of counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.
(9) 
The Affirmative Marketing Process for available affordable units shall begin at least four months (120 days) prior to the expected date of occupancy.
(10) 
The cost to affirmatively market the affordable units shall be the responsibility of the developer, sponsor or owner, with the exception of Affirmative Marketing for resales which may be supplemented by the Township. If the costs are subsidized by the Township, any resolution of approval adopted by either the Planning Board or Zoning Board of Adjustment shall include this as a condition.
J. 
Selection of occupants of affordable housing units.
(1) 
The administrative agent shall use a random selection process to select occupants of very-low-, low- and moderate-income housing.
(2) 
A pool of interested households will be maintained in accordance with the provisions of N.J.A.C. 5:80-26.16.
K. 
Occupancy standards.
(1) 
In referring certified households to specific restricted units, to the extent feasible, and without causing an undue delay in occupying the unit, the administrative agent shall strive to:
(a) 
Ensure each bedroom is occupied by at least one person, except for age-restricted and supportive and special needs housing units;
(b) 
Provide a bedroom for every two adult occupants;
(c) 
With regard to occupants under the age of 18, accommodate the household's requested arrangement, except that such arrangement may not result in more than two occupants under the age of 18 occupying any bedroom; and
(d) 
Avoid placing a one-person household into a unit with more than one bedroom.
L. 
Control periods for restricted ownership units and enforcement mechanisms.
(1) 
The initial control periods for all new restricted ownership units shall be for a period of at least 30 years and in accordance with the UHAC, as may be amended and supplemented, with the Township reserving the right to extend the affordability control period for an additional period of time thereafter.
(2) 
Rehabilitated housing units that are improved to code standards shall be subject to affordability controls for a period of at least 10 years.
(3) 
The affordability control period for a restricted ownership unit shall commence on the date the initial certified household takes title to the unit.
(4) 
If existing affordability controls are being extended, the extended control period for a restricted ownership unit commences on the effective date of the extension, which is the end of the original control period.
(5) 
At the end of any control period, the restricted ownership unit remains subject to the affordability controls set forth in this section until the owner gives notice of their intent to make an exit sale, at which point:
(a) 
If the municipality exercises the right to extend the affordability controls on the unit, no exit sale occurs and a new control period commences; or
(b) 
If the municipality does not exercise the right to extend the affordability controls on the unit, the affordability controls terminate following the exit sale.
(c) 
The provisions set forth in this subsection shall not apply to 95/5 restricted ownership units and prior round units.
(d) 
Notwithstanding the foregoing, nothing herein shall eliminate or alter the right of the Township to extend the affordability controls of any 95/5 units or prior round units.
[1] 
95/5 units. The Township may elect to release any 95/5 unit from the affordability controls only by formal action taken by the Township Council after the initial control period ends. At the time of closing of the first non-exempt sale following the release of the 95/5 unit from its controls, the seller of the 95/5 unit shall pay to the municipality 95% of the difference between the actual sale price and the regulated maximum resale price that would be applicable for the 95/5 unit were the control period still in effect.
[2] 
Non-95/5 prior round units. The Township may elect to release any non-95/5 prior round units from the affordability controls only by formal action taken by the Township Council after the initial control period ends. At the time of closing of the first non-exempt sale following the release of the non-95/5 prior round unit from its controls, the seller of the prior round unit shall pay to the municipality an amount equal to the difference between the unit's non-restricted fair market value and the regulated maximum resale price that would be applicable for the prior round unit were the control period still in effect.
(6) 
Prior to the issuance of any building permit for the construction/rehabilitation of restricted ownership units, the developer/owner and the municipality shall record a preliminary instrument provided by the administrative agent.
(7) 
Prior to the issuance of the initial certificate of occupancy for a restricted ownership unit and upon each successive sale during the period of restricted ownership, the administrative agent shall determine the restricted price for the unit and shall also determine the nonrestricted, fair market value of the unit based on either an appraisal or the unit's equalized assessed value without the restrictions in place.
(8) 
At the time of the initial sale of the unit and upon each successive price-restricted sale, the initial purchaser shall execute and deliver to the administrative agent an affordable housing deed restriction approved by the Township, a recapture note obliging the purchaser, as well as the purchaser's heirs, successors, and assigns, to repay, upon the first non-exempt sale after the unit's release from the restrictions set forth in this section, an amount equal to the difference between the unit's non-restricted 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.
(9) 
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 price-restricted ownership units.
(10) 
Extensions of affordability controls on ownership units.
(a) 
The Township retains the right and power to preserve its existing and any newly constructed very-low-income, low-income and moderate-income affordable ownership units located within the Township by extending the initial affordable control period for an additional period of time beyond the original control period established in any judgment of compliance, judgment of repose or other judgment, court order, grant of substantive certification, master deed, affordable housing plan, affordable housing agreement, deed restriction, restrictive covenant, declaration of restrictive covenants, public offering statement, contract, settlement agreement, grant agreement, developer's agreement or other agreement. The Township retains and reserves this right extend the affordability controls on all existing and any newly constructed affordable ownership units within the Township regardless of the date the affordable unit(s) was/were created.
(b) 
The right of the Township to extend the affordability controls on any restricted ownership unit shall not otherwise be limited or circumscribed by any term, condition or provision contained within any master deed, affordable housing plan, affordable housing agreement, deed restriction, restrictive covenant, declaration of restrictive covenants, public offering statement, contract, settlement agreement, grant agreement, developer's agreement or other agreement.
(c) 
The Township shall exercise such right by ordinance adopted by the Township Council.
(d) 
During the initial control period and any extended control period, no seller of a restricted unit in the Township may utilize the repayment option or exit sale, but may sale the restricted unit to another qualifying household at the then applicable maximum resale price determined by the Agency.
M. 
Price restrictions for restricted ownership units and resale prices.
(1) 
Price restrictions for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.7, as may be amended and supplemented, including:
(a) 
The initial purchase price and affordability percentage for a restricted ownership unit shall be set by the administrative agent.
(b) 
The administrative agent shall approve all resale prices, in writing and in advance of the resale, to assure compliance with the standards set forth in N.J.A.C. 5:80-26.7.
[1] 
If the resale occurs prior to the one-year anniversary of the date on which title to the unit was transferred to a certified household, the maximum resale price is the most recent non-exempt purchase price.
[2] 
If the resale occurs on or after such anniversary date, the maximum resale price is the most recent non-exempt purchase price increased to reflect the cumulative annual percentage increases to the regional median income, effective as of the same date as the regional median income calculated pursuant to N.J.A.C. 5:80-26.3.
(c) 
The owners of restricted ownership units may apply to the administrative agent to increase the maximum sales price for the unit on the basis of anticipated capital improvements. Eligible capital improvements shall be:
[1] 
Those that render the unit suitable for a larger household or the addition of a bathroom.
[2] 
The maximum resale price may be further increased by an amount up to the cumulative dollar value of approved capital improvements made after the last non-exempt sale for improvements and/or upgrades to the unit, excluding capital improvements paid for by the entity favored on the recapture note and recapture lien described at N.J.A.C. 5:80-26.6(d);
(d) 
No increase for capital improvements is permitted if the maximum resale price prior to adjusting for capital improvements already exceeds whatever initial purchase price the unit would have if it were being offered for purchase for the first time at the initial affordability percentage. All adjustments for capital improvements are subject to 10-year, straight-line depreciation.
(2) 
Upon the resale of a restricted ownership unit, all items of property that are permanently affixed to the unit or were included when the unit was initially restricted (for example, refrigerator, range, washer, dryer, dishwasher, wall-to-wall carpeting) shall be included in the maximum allowable resale price. Other items may be sold to the purchaser at a reasonable price that has been approved by the administrative agent at the time of the signing of the agreement to purchase but shall be separate and apart from any contract of sale for the underlying real estate. The purchase of central air conditioning installed subsequent to the initial sale of the unit and not included in the base price may be made a condition of the unit resale provided the price of the air conditioning equipment, which shall be subject to 10-year, straight-line depreciation, has been approved by the administrative agent. Unless otherwise approved by the administrative agent, the purchase of any property other than central air conditioning shall not be made a condition of the unit resale. The seller and the purchaser must personally certify at the time of closing that no unapproved transfer of funds for the purpose of selling and receiving property has taken place at the time of or as a condition of resale.
N. 
Buyer income eligibility.
(1) 
Buyer income eligibility for restricted ownership units shall be established pursuant to N.J.A.C. 5:80-26.17, as may be amended and supplemented, such that very-low-income ownership units shall be reserved for occupancy by households with a gross household income less than or equal to 30% of median income, low-income ownership units shall be reserved for occupancy by households with a gross household income less than or equal to 50% of median income and moderate-income ownership units shall be reserved for occupancy by households with a gross household income less than 80% of median income.
(2) 
Notwithstanding the foregoing, the administrative agent may, upon approval by the municipality, and subject to the Division's approval, permit a moderate-income purchaser to buy a low-income unit if and only if the administrative agent can demonstrate that there is an insufficient number of eligible low-income purchasers in the housing region to permit prompt occupancy of the unit and all other reasonable efforts to attract a low-income purchaser, including pricing and financing incentives, have failed. Any such low-income unit that is sold to a moderate-income household shall retain the required pricing and pricing restrictions for a low-income unit. Similarly, the administrative agent may permit low-income purchasers to buy very-low-income units in housing markets where, as determined by the Division, units are reserved for very-low-income purchasers, but there is an insufficient number of very-low-income purchasers to permit prompt occupancy of the units. In such instances, the purchased unit must be maintained as a very-low-income unit and sold at a very-low-income price point such that on the next resale the unit will still be affordable to very-low-income households and able to be purchased by a very-low-income household. A very-low-income unit that is seeking bonus credit pursuant to N.J.S.A. 52:27D-311k(9) must first be advertised exclusively as a very-low-income unit according to the Affirmative Marketing requirements at N.J.A.C. 5:80-26.16, then advertised as a very-low-income or low-income unit for at least 30 additional days prior to referring any low-income household to the unit.
(3) 
A certified household that purchases a restricted ownership unit must occupy it as the certified household's principal residence and shall not lease the unit; provided, however, that the administrative agent may permit the owner of a restricted ownership unit, upon application and a showing of hardship, to lease the restricted unit to another certified household for a period not to exceed one year.
(4) 
The administrative agent shall certify a household as eligible for a restricted ownership unit when the household is a low-income household or a moderate-income household, as applicable to the unit, and the estimated monthly housing cost for the particular unit (including principal, interest, property taxes, homeowner and private mortgage insurance and condominium or homeowner association fees, as applicable) does not exceed 35% of the household's eligible monthly income; provided, however, that this limit may be exceeded if one or more of the following circumstances exists:
(a) 
The household currently pays more than 35% (40% for households eligible for age-restricted units) of its gross household income for housing expenses, and the proposed housing expenses 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 housing expenses in the past and has proven its ability to pay; or
(c) 
The household is currently in substandard or overcrowded living conditions;
(d) 
The household documents the existence of assets, within the asset limitation otherwise applicable, with which the household proposes to supplement the rent payments.
O. 
Limitations on indebtedness secured by ownership unit; subordination.
(1) 
Prior to incurring any indebtedness to be secured by a restricted ownership unit, the owner shall apply to the administrative agent for a determination in writing that the proposed indebtedness complies with the provisions of this section, and the administrative agent shall issue such determination prior to the owner incurring such indebtedness.
(2) 
With the exception of original purchase money mortgages, neither an owner nor a lender shall at any time during the control period cause or permit the total indebtedness secured by a restricted ownership unit to exceed 95% of the maximum allowable resale price of that unit, as such price is determined by the administrative agent in accordance with N.J.A.C. 5:80-26.7(c).
P. 
Control periods for restricted rental units.
(1) 
Control periods for rental units that meet the definition of prior round units shall be pursuant to the UHAC, and shall remain subject to the requirements of this section for a period of at least 30 years, with the Township reserving the right to extend the affordability controls for an additional period of time in accordance with the Act and UHAC.
(2) 
Other than for prior round units, control periods for restricted rental units shall be in accordance with N.J.A.C. 5:80-26.12, as may be amended and supplemented, and each restricted rental unit shall remain subject to the requirements of this section for a period of at least 40 years. Restricted rental units created as part of developments receiving 9% Low-Income Housing Tax Credits shall comply with applicable law.
(3) 
The affordability control period for a restricted rental unit shall commence on the first date that a unit is issued a certificate of occupancy following the execution of the deed restriction or, if affordability controls are being extended, on the effective date of the extension, which is the end of the original control period.
(4) 
Rehabilitated renter-occupied housing units that are improved to code standards shall be subject to affordability controls for a period of not less than 10 years.
(5) 
Prior to the issuance of any building permit for the construction/rehabilitation of restricted rental units, the developer/owner and the municipality shall record a preliminary instrument provided by the administrative agent.
(6) 
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. The deed restriction shall be recorded by the developer with the county records office, and provided as filed and recorded, to the administrative agent within 30 days of the receipt of a certificate of occupancy.
(7) 
A restricted rental unit shall remain subject to the affordability controls of this section despite the occurrence of any of the following events:
(a) 
Sublease or assignment of the lease of the unit;
(b) 
Sale or other voluntary transfer of the ownership of the unit;
(c) 
The entry and enforcement of any judgment of foreclosure on the property containing the unit; or
(d) 
The end of the control period, until the occupant household vacates the unit, or is certified as over-income and the controls are released in accordance with UHAC.
(8) 
Extensions of affordable rental controls. Nothing herein is intended to restrict or prevent the Township from extending the affordability controls on any affordable rental unit in the Township and securing credit and bonus credit for same in accordance with applicable law. The Township retains the right and power to preserve all existing and any newly constructed very-low-income, low-income and moderate-income rental units first constructed in the Township on or after October 1, 2001, by extending the affordable control period for an additional period of time beyond the original control period established in any judgment of compliance, judgment of repose or other judgment, court order, grant of substantive certification, master deed, affordable housing plan, affordable housing agreement, deed restriction, restrictive covenant, declaration of restrictive covenants, public offering statement, contract, settlement agreement, grant agreement, developer's agreement or other agreement.
(a) 
The right of the Township to extend the affordability controls on any restricted rental unit shall not otherwise be limited or circumscribed by any term, condition or provision contained within any master deed, affordable housing plan, affordable housing agreement, deed restriction, restrictive covenant, declaration of restrictive covenants, public offering statement, contract, settlement agreement, grant agreement, developer's agreement or other agreement.
(b) 
The Township shall exercise such right by ordinance adopted by the Township Council.
Q. 
Rent restrictions for rental units; leases and fees.
(1) 
The initial rent for a restricted rental unit shall be set by the administrative agent.
(2) 
A written lease shall be required for all restricted rental units, except for units in an assisted living residence, and tenants shall be responsible for security deposits and the full amount of the rent as stated on the lease. A copy of the current lease for each restricted rental unit shall be retained on file by the administrative agent.
(3) 
No additional fees, operating costs, or charges shall be added to the approved rent (except, in the case of units in an assisted living residence, to cover the customary charges for food and services) without the express written approval of the administrative agent.
(a) 
Operating costs, for the purposes of this section, include certificate of occupancy fees, move-in fees, move-out fees, mandatory internet fees, mandatory cable fees, mandatory utility submetering fees, and for developments with more than one and a half off-street parking spaces per unit, parking fees for one parking space per household.
(4) 
Any fee structure that would remove or limit affordable unit occupant access to any amenities or services that are required or included for market-rate unit occupants is prohibited. Application fees (including the charge for any credit check) shall not exceed 5% of the monthly rent of the applicable restricted unit to be applied to the costs of administering the controls applicable to the unit as set forth in this section.
(5) 
Fees for unit-specific, non-communal items that are charged to market-rate unit tenants on an optional basis, such as pet fees for tenants with pets, storage spaces, bicycle-share programs, or one-time rentals of party or media rooms, may also be charged to affordable unit tenants, if applicable.
(6) 
Pet fees may not exceed $30 per month and associated one-time payments for optional fees pertaining to pets, such as a pet cleaning fee, are prohibited.
(7) 
Fees charged to affordable unit tenants for other optional, unit-specific, non-communal items shall not exceed the amounts charged to market-rate tenants.
(8) 
For any prior round rental unit leased before December 20, 2024, elements of the existing fee structure that are consistent with prior rules, but inconsistent with N.J.A.C. 5:80-26.13(c)1, may continue until the occupant household's current lease term expires or that occupant household vacates the unit, whichever occurs later.
R. 
Tenant income eligibility.
(1) 
Tenant income eligibility shall be determined pursuant to N.J.A.C. 5:80-26.14, as may be amended and supplemented, and shall be determined as follows:
(a) 
Very-low-income rental units shall be reserved for households with a gross household income less than or equal to 30% of the regional median income by household size.
(b) 
Low-income rental units shall be reserved for households with a gross household income less than or equal to 50% of the regional median income by household size.
(c) 
Moderate-income rental units shall be reserved for households with a gross household income less than 80% of the regional median income by household size.
(2) 
The administrative agent shall certify a household as eligible for a restricted rental unit when the household is a very-low-income, low-income or 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. 5:80-26.17, as may be amended and supplemented; provided, however, that this limit may be exceeded if one or more of the following circumstances exists:
(a) 
The household currently pays more than 35% (40% for households eligible for age-restricted units) of its gross household income for rent, and the proposed rent will reduce its housing costs;
(b) 
The household has consistently paid more than 35% (40% for households eligible for age-restricted units) of eligible monthly income for rent in the past and has proven its ability to pay;
(c) 
The household is currently in substandard or overcrowded living conditions;
(d) 
The household documents the existence of assets with which the household proposes to supplement the rent payments; or
(e) 
The household documents reliable anticipated 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.
(3) 
The applicant shall file documentation sufficient to establish the existence of any of the circumstances in Subsection R(2)(a) through (e) above with the administrative agent, who shall counsel the household on budgeting.
S. 
Municipal Housing Liaison.
(1) 
The Municipal Housing Liaison shall be approved by municipal resolution.
(2) 
The Municipal Housing Liaison shall be approved by the Division, or is in the process of getting approval, and fully or conditionally meets the requirements for qualifications, including initial and periodic training as set forth in in N.J.A.C. 5:99-1 et seq.
(3) 
The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program, including the following responsibilities, which may not be contracted out to the administrative agent:
(a) 
Serving as the primary point of contact for all inquiries from the Affordable Housing Dispute Resolution Program, the State, affordable housing providers, administrative agents and interested households.
(b) 
The oversight of the Affirmative Marketing Plan and affordability controls.
(c) 
When applicable, overseeing and monitoring any contracting administrative agent.
(d) 
Overseeing the monitoring of the status of all restricted units listed in the Fair Share Plan.
(e) 
Verifying, certifying and providing annual information within AHMS at such time and in such form as required by the Division.
(f) 
Coordinating meetings with affordable housing providers and administrative agents, as needed.
(g) 
Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by the Division.
(h) 
Overseeing the recording of a preliminary instrument in the form set forth at N.J.A.C. 5:80-26.1 for each affordable housing development.
(i) 
Coordinating with the administrative agent, municipal attorney and municipal Construction Code Official to ensure that permits are not issued unless the document required in Subsection S(3)(h) above has been duly recorded.
(j) 
Listing on the municipal website contact information for the MHL and administrative agents.
T. 
Administrative agent.
(1) 
All municipalities that have created or will create affordable housing programs and/or affordable units shall designate or approve, for each project within its HEFSP, an administrative agent to administer the affordable housing program and/or affordable housing units in accordance with the requirements of the FHA, NJAC 5:99-1 et seq. and UHAC.
(2) 
The fees for administrative agents shall be paid as follows:
(a) 
Administrative agent fees related to rental units shall be paid by the developer/owner.
(b) 
Administrative agent fees related to initial sale of units shall be paid by the developer.
(c) 
Administrative agent fees related to resales shall be paid by the seller of the affordable home.
(d) 
Administrative agent fees related to ongoing administration and enforcement shall be paid by the municipality.
(3) 
An Operating Manual for each affordable housing program shall be provided by the administrative agent(s). The Operating Manual(s) shall be available for public inspection in the Office of the Clerk and in the office(s) of the administrative agent(s). Operating manuals shall be adopted by resolution of the Governing Body.
(4) 
Subject to the role of the administrative agent(s), the duties and responsibilities as are set forth in N.J.A.C. 5:99-7 and which are described in full detail in the Operating Manual, including those set forth in UHAC, include:
(a) 
Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by the Division;
(b) 
Affirmative marketing:
[1] 
Conducting an outreach process to affirmatively market affordable housing units in accordance with the Affirmative Marketing Plan of the municipality and the provisions of N.J.A.C. 5:80-26.16.
[2] 
Providing counseling, or contracting to provide counseling services, to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements; and landlord/tenant law.
(c) 
Household certification.
[1] 
Soliciting, scheduling, conducting and following up on interviews with interested households.
[2] 
Conducting interviews and obtaining sufficient documentation of gross income and assets upon which to base a determination of income eligibility for a low- or moderate-income unit;
[3] 
Providing written notification to each applicant as to the determination of eligibility or non-eligibility within five days of the determination thereof.
[4] 
Requiring that all certified applicants for restricted units execute a certificate substantially in the firm, as applicable, of either the ownership or rental certificates set forth in the Appendices J and K of N.J.A.C. 5:80-26.1 et seq.
[5] 
Creating and maintaining a referral list of eligible applicant households living in the housing region, and eligible applicant households with members working in the housing region, where the units are located.
[6] 
Employing a random selection process as provided in the Affirmative Marketing Plan when referring households for certification to affordable units.
(d) 
Affordability controls.
[1] 
Furnishing to attorneys or closing agents forms of deed restrictions and mortgages for the recording at the time of conveyance of title of each restricted unit.
[2] 
Ensuring that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and filed properly with the County Register of Deeds or County Clerk's office after the termination of the affordability controls for each restricted unit in accordance with UHAC.
[3] 
Communicating with lenders and the Municipal Housing Liaison regarding foreclosures.
[4] 
Ensuring the issuance of continuing certificates of occupancy or certifications pursuant to N.J.A.C. 5:80-26.11.
(e) 
Records retention.
[1] 
Creating and maintaining a file on each restricted unit for its control period, including the recorded deed with restrictions, recorded recapture mortgage, and note, as appropriate.
[2] 
Records received, retained, retrieved, or transmitted in furtherance of crediting affordable units of a municipality constitute public records of the municipality as defined by N.J.S.A. 47:3-16, and are legal property of the municipality.
(f) 
Resales and re-rentals.
[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 re-rental.
[2] 
Instituting and maintaining an effective means of communicating information to very-low-, low-, or moderate-income households regarding the availability of restricted units for resale or re-rental.
(g) 
Processing requests from unit owners.
[1] 
Reviewing and approving requests from owners of restricted units who wish to refinance or take out home equity loans during the term of their ownership to determine that the amount of indebtedness to be incurred will not violate the terms of this section.
[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 depreciated cost of central air-conditioning systems.
[3] 
Notifying the municipality of an owner's intent to sell a restricted unit.
[4] 
Making determinations on requests by owners of restricted units for hardship waivers.
(h) 
Enforcement.
[1] 
Securing annually from the municipality a list of all affordable ownership units for which property tax bills are mailed to absentee owners, and notifying all such owners that they must either move back to their unit or sell it;
[2] 
Securing from all developers and sponsors of restricted units, at the earliest point of contact in the processing of the project or development, written acknowledgement of the requirement that no restricted unit can be offered, or in any other way committed, to any person, other than a household duly certified to the unit by the administrative agent;
[3] 
Sending annual mailings to all owners of affordable dwelling units reminding them of the notices and requirements outlined in N.J.A.C. 5:80-26.19(d)4;
[4] 
Establishing a program for diverting unlawful rent payments to the municipal Affordable Housing Trust Fund; and
[5] 
Creating and publishing a written operating manual for each affordable housing program administered by the administrative agent setting forth procedures for administering the affordability controls.
(i) 
The administrative agent(s) shall, as delegated by the municipality, have the authority to take all actions necessary and appropriate to carry out its/their responsibilities, herein.
U. 
Responsibilities of the owner of a development containing affordable units.
(1) 
The owner of all developments containing affordable units subject to this section or the assigned management company thereof shall provide to the administrative agent:
(a) 
Site plan, architectural plan, or other plan that identifies the location of each affordable unit, if subject to the site plan approval, settlement agreement, or other applicable document regulating the location of affordable units. The administrative agent shall determine the location of affordable units if not set forth in the site plan approval, settlement agreement, or other applicable document.
(b) 
The total number of units in the project and the number of affordable units.
(c) 
The breakdown of the affordable units by or identification of affordable unit locations by bedroom count and income level, including street addresses/unit numbers, if subject to the site plan approval, settlement agreement, or other applicable document regulating the breakdown of affordable units. The administrative agent shall determine the bedroom and income distribution if not set forth in the site plan approval, settlement agreement, or other applicable document.
(d) 
Floor plans of all affordable units, including complete and accurate identification of all rooms and the dimensions thereof.
(e) 
A projected construction schedule.
(f) 
The location of any common areas and elevators.
(g) 
The name of the person who will be responsible for official contact with the administrative agent for the duration of the project, which must be updated if the contact changes.
(2) 
In addition to Subsection U(1) above, the owner of rental developments containing affordable rental units subject to this section or the assigned management company thereof shall:
(a) 
Send to all current tenants in all restricted rental units an annual mailing containing a notice as to the maximum permitted rent and a reminder of the requirement that the unit must remain their principal place of residence, which is defined as residing in the unit at least 260 days out of each calendar year, together with the telephone number, mailing address, and email address of the administrative agent to whom complaints of excess rent can be issued.
(b) 
Provide to the administrative agent a description of any applicable fees.
(c) 
Provide to the administrative agent a description of the types of utilities and which utilities will be included in the rent.
(d) 
Agree and ensure that the utility configuration established at the start of the rent-up process not be altered at any time throughout the restricted period.
(e) 
Provide to the administrative agent a proposed form of lease for any rental units.
(f) 
Ensure that the tenant selection criteria for the applicants for affordable units not be more restrictive that the tenant selection criteria for applicants for non-restricted units.
(g) 
Strive to maintain the continued occupancy of the affordable units during the entire restricted period.
(3) 
In addition to Subsection U(1) above, the owner of affordable for-sale developments containing affordable for-sale units subject to this section or the assigned management company thereof shall provide the administrative agent:
(a) 
Proposed pricing for all units, including any purchaser options and add-on items.
(b) 
Condominium or homeowner association fees and any other applicable fees.
(c) 
Estimated real property taxes.
(d) 
Sewer, water, trash disposal, and any other utility assessments.
(e) 
Flood insurance requirement, if applicable.
(f) 
The State-approved planned real estate development public offering statement and/or master deed, where applicable, as well as the full build-out budget.
V. 
Enforcement of affordable housing regulations.
(1) 
Upon the occurrence of a breach of any of the regulations governing the affordable unit by an owner, developer or tenant, the municipality shall have all remedies provided at law or equity, including but not limited to foreclosure, tenant eviction, municipal fines, a requirement for household recertification, acceleration of all sums due under a mortgage, recoupment of any funds from a sale in the violation of the regulations, injunctive relief to prevent further violation of the regulations, entry on the premises, and specific performance.
(2) 
After providing written notice of a violation to an owner, developer or tenant of an affordable unit and advising the owner, developer or tenant of the penalties for such violations, the municipality may take the following action against the owner, developer or tenant for any violation that remains uncured for a period of 60 days after service of the written notice:
(a) 
The municipality may file a court action pursuant to N.J.S.A. 2A:58-11 alleging a violation, or violations, of the regulations governing the affordable housing unit. If the owner, developer or tenant is found by the Court to have violated any provision of the regulations governing affordable housing units the owner, developer or tenant shall be subject to one or more of the following penalties, at the discretion of the Court:
[1] 
A fine of not more than $500 or imprisonment for a period not to exceed 30 days, or both, unless otherwise specified below, 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 his or her low- or moderate-income unit in violation of the regulations governing affordable housing units, payment into the Affordable Housing Trust Fund of the gross amount of rent illegally collected;
[3] 
In the case of an owner who has rented his or her affordable unit in violation of the regulations governing affordable housing units, payment of an innocent tenant's reasonable relocation costs, as determined by the Court.
(3) 
The municipality shall have the authority to levy fines against the owner of the development for instances of noncompliance with NJHRC advertising requirements (N.J.S.A. 52:27D-321.6.e.(2)), following written notice to the owner. The fine for the first offense of noncompliance shall be $5,000, the fine for the second offense of noncompliance shall be $10,000, and the fine for each subsequent offense of noncompliance shall be $15,000.
(4) 
The municipality may file a court action in the Superior Court seeking a judgment, which would result in the termination of the owner's equity or other interest in the unit, in the nature of a mortgage foreclosure. Any judgment shall be enforceable as if the same were a judgment of default of the first purchase money mortgage and shall constitute a lien against the low- or moderate-income unit.
(a) 
Such judgment shall be enforceable, at the option of the municipality, by means of an execution sale by the Sheriff, at which time the affordable unit of the violating owner shall be sold at a sale price which is not less than the amount necessary to fully satisfy and pay off any first purchase money mortgage and prior liens and the costs of the enforcement proceedings incurred by the municipality, including attorney's fees. The violating owner shall have the right to possession terminated as well as the title conveyed pursuant to the Sheriff's sale.
(b) 
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- or 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 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.
(c) 
Foreclosure due to violation of the regulations governing affordable housing units shall not extinguish the restrictions of the regulations governing affordable housing units as they 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.
(d) 
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 affordable 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 affordable 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 that would have been realized from an actual sale as previously described.
(e) 
Failure of the low- or 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 that may be referred to the owner by the municipality, with such offer to purchase being equal to the maximum resale price of the low- or moderate-income unit as permitted by the regulations governing affordable housing units.
(f) 
The affordable unit 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.
(5) 
It is the responsibility of the Municipal Housing Liaison and the administrative agent(s) to ensure that affordable housing units are administered properly. All affordable units must be occupied within a reasonable amount of time and be re-leased within a reasonable amount of time upon the vacating of the unit by a tenant. If an administrative agent or municipal housing liaison becomes aware of or suspects that a developer, landlord, or property manager has not complied with these regulations, it shall report this activity to the Division. The Division must notify the developer, landlord, or property manager, in writing, of any violation of these regulations and provide a 30-day cure period. If, after the 30-day cure period, the developer, landlord, or property manager remains in violation of any terms of this section, including by keeping a unit vacant, the developer, landlord, or property manager may be fined up to the amount required to construct a comparable affordable unit of the same size and the deed-restricted control period will be extended for the length of the time the unit was out of compliance, in addition to the remedies provided for in this section. For the purposes of this subsection, a reasonable amount of time shall presumptively be 60 days, unless a longer period of time is required due to demonstrable market conditions and/or failure of the municipal housing liaison or the administrative agent to refer a certified tenant.
(6) 
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. Any loan issued in violation of this subsection is void as against public policy.
(7) 
The Agency and the Department hereby reserve, for themselves and for each administrative agent appointed pursuant to this section, all of the rights and remedies available at law and in equity for the enforcement of this section, including, but not limited to, fines, evictions, and foreclosures as approved by a county-level housing judge.
(8) 
Appeals.
(a) 
Appeals from all decisions of an administrative agent appointed pursuant to this section must be filed, in writing, with the municipal housing liaison. A decision by the municipal housing liaison may be appealed to the Division. A written decision of the Division Director upholding, modifying, or reversing an administrative agent's decision is a final administrative action.
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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The lawful use of 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.
(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.
D. 
Nonconforming lots and structures.
(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 Official; the owner or an architect or engineer selected by the owner; and a third person agreed to by the Construction 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 variance(s) as provided by state statutes.
(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.
(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 § 550-89, Pastoral animals, of this chapter 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 Zoning Officer 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 this Chapter 550, Land Use.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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, except that an application for development to collocate wireless communications equipment on a wireless communications support structure or in an existing equipment compound shall not be subject to site plan review if the application meets the requirements of N.J.S.A. 40:55D-46.2.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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]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).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[2]
Editor's Note: Said schedules are included as attachments to 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: Original § 400-89, Planned adult community (PAC), of the 1990 Code, 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.
(1) 
The minimum acreage for each zone required for cluster development shall be as follows:
(a) 
RR-AA and RR-A Zone: 15 acres.
(b) 
R-2 Zones: 15 acres.
(c) 
R-3, R-4 and R-5 Zones: 10 acres.
(2) 
In computing the minimum amount of acreage in any tract, all open spaces shall be included.
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 nonclustering 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.[2]
[2]
Editor's Note: See § 550-39.
(h) 
Certified boundary survey.
[1]
Editor's Note: This ordinance also provided for the redesignation of original Subsections B and C, of the 1990 Code, as Subsections C and D, respectively.
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 sewage 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][3]
[3]
Editor's Note: Original § 400-92, Rural residential development, of the 1990 Code, 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, 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(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 Zoning Officer.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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.
(c) 
(Reserved)[1]
[1]
Editor's Note: Original Subsection B(1)(c), concerning a wall or ground sign for such uses as a place of worship, a fire house, etc., of the 1990 Code, was repealed 10-5-2010 by Ord. No. 23-2010.
(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; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[1] 
A commercial establishment, including gasoline service stations and public garages, located within the C-1, C-2, and C-LI 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 signs shall not be located within a sight triangle.
(b) 
Each business located within the C-1, C-2, C-LI, 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; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(c) 
(Reserved)[2]
[2]
Editor's Note: Original Subsection B(2)(c), regarding signs for gasoline service stations and public garages, of the 1990 Code, was repealed 8-19-2003 by Ord. No. 31-2003. See now Subsection B(2)(a).
(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] 
A sign shall not 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[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]
(a) 
Limit of one sign per each 75 feet of linear frontage on a public roadway.
(b) 
Maximum duration per sign: 14 calendar days.
(c) 
Maximum display permits per calendar year: four.
(d) 
Prompt removal of sign(s) upon expiration of permit shall be a condition of approval.
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) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection D(5), regarding banner-type signs, of the 2015 Code, as amended 8-24-1999 by Ord. No. 30-99, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(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]
(9) 
(Reserved)[4]
[4]
Editor’s Note: Former Subsection D(9), listing billboards as prohibited signs, of the 2015 Code, was repealed 7-25-2017 by Ord. No. 17-2017.
(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. No fee is required per § 550-17J.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(i) 
Signs posted for informational and/or promotional purposes on land classified as "public areas" for uses classified as "public uses" pursuant to § 550-5 of this chapter.
[Added 8-24-1999 by Ord. No. 30-99]
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.
(5) 
Fees for sign permits are governed by § 550-9 of this chapter. Noncommercial signs shall be exempt from the fee requirements of § 550-9 of this chapter.
(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]
(6) 
Any "open house" sign permitted pursuant to Subsection C(1)(d) that is posted during hours other than those specified by this chapter shall be subject to removal by authorized personnel of the Township of Mount Olive.
[Added 8-19-2003 by Ord. No. 31-2003]
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.
C. 
Fencing shall be required as set forth in § 550-82 of this chapter.
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 to any side line or 20 feet to any rear boundary or 25 feet to 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 penalty as provided in § 550-3. Every day that such violation exists shall constitute a separate offense and be punishable as such hereunder.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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:
(1) 
The standards of Subsection B above shall be met.
(2) 
Whether such dedication or conveyance and use of such credits will fulfill and promote the purposes set forth in Subsection 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 District, Board of Health, Recreation Committee 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(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.
[Added 4-28-1998 by Ord. No. 5-98[1]; amended 11-23-2004 by Ord. No. 40-2004]
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 to 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 to 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 subject to a penalty as provided in § 550-3, with each day that a violation exists to be treated as a separate violation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[1]
Editor's Note: This ordinance also repealed original Ch. 101, Dam Management, Art. I, Budd Lake Dam, of the 1990 Code, adopted 10-8-1991 by Ord. No. 26-91.
[Added 5-4-2021 by Ord. No. 10-2021; 6-25-2024 by Ord. No. 19-2024; 10-15-2024 by Ord. No. 32-2024]
A. 
Definitions. For purposes of this chapter, the following definitions shall apply:
ACT or CREAMMA
The "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act," P.L. 2021, c. 16, N.J.S.A. 24:6I-31 et seq., as may be amended from time to time in accordance with state law.
ALTERNATIVE TREATMENT CENTER or PREEXISTING ALTERNATIVE TREATMENT CENTER
An organization issued a permit, conditional permit, and/or a vertically integrated permit pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, N.J.S.A. 24:6I-1 et al., to operate as a medical cannabis cultivator, medical cannabis manufacturer, medical cannabis dispensary or clinical registrant; as well as any alternative treatment center deemed pursuant to Section 7 of the Jake Honig Compassionate Use Medical Cannabis Act (N.J.S.A. 24:26I-7) to concurrently hold a medical cannabis cultivator permit, a medical cannabis manufacturer permit, and a medical cannabis dispensary permit and/or any alternative treatment center deemed to concurrently hold any one or more class(es) of cannabis licensed marketplace license(s) pursuant to P.L. 2021, c. 16, § 33, N.J.S.A. 24:6I-46, and P.L. 2021, c. 16 § 34, amending N.J.S.A. 24:6I-7.
CANNABIS
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. 2021, c. 16, for use in cannabis products as set forth in the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, N.J.S.A. 24:6I-31 et seq., 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.).
CANNABIS CONSUMPTION AREA
As further described in Section 28 of P.L. 2019, c. 153 (N.J.S.A. 24:6I-21), a designated location operated by a licensed cannabis retailer or permit holder for dispensing medical cannabis, for which both a state and local endorsement has been obtained, that is either: 1) an indoor, structurally enclosed area of the cannabis retailer or permit holder that is separate from the area in which retail sales of cannabis items or the dispensing of medical cannabis occurs; or 2) an exterior structure on the same premises as the cannabis retailer or permit holder, either separate from or connected to the cannabis retailer or permit holder, at which cannabis items or medical cannabis either obtained from the retailer or permit holder, or brought by a person to the consumption area, may be consumed.
CANNABIS CULTIVATOR
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. This person or entity shall hold a Class 1 cannabis cultivator license from the CRC.
CANNABIS DELIVERY SERVICE
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. The person or entity shall hold a Class 6 cannabis delivery license from the CRC.
CANNABIS DISTRIBUTOR
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. The person or entity shall hold a Class 4 cannabis distributor license from the CRC.
CANNABIS ESTABLISHMENT
A cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer.
CANNABIS EXTRACT
A substance obtained by separating resins from cannabis by:
(1) 
A chemical extraction process using a hydrocarbon-based solvent, such as butane, hexane, or propane;
(2) 
A chemical extraction process using the hydrocarbon-based solvent carbon dioxide, if the process uses high heat or pressure; or
(3) 
Any other process identified by the Cannabis Regulatory Commission by rule or regulation.
CANNABIS FLOWER
The flower of the plant Cannabis sativa L. within the plant family Cannabaceae.
CANNABIS ITEM
Any usable cannabis, cannabis product, cannabis extract, and any other cannabis resin. "Cannabis item" does not include: any form of 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 al.), and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et al.); 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 al.).
CANNABIS MANUFACTURER
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. This person or entity shall hold a Class 2 cannabis manufacturer license.
CANNABIS PARAPHERNALIA
Any equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing a cannabis item into the human body. "Cannabis paraphernalia" does not include drug paraphernalia as defined in N.J.S.A. 2C:36-1 and which is used or intended for use to commit a violation of Chapter 35 or 36 of Title 2C of the New Jersey Statutes.
CANNABIS PRODUCT
A product containing usable cannabis, cannabis extract, or any other cannabis resin and other ingredients intended for human consumption or use, including a product intended to be applied to the skin or hair, edible cannabis products, ointments, and tinctures. "Cannabis product" does not include:
(1) 
Usable cannabis by itself; or
(2) 
Cannabis extract by itself; or
(3) 
Any other cannabis resin by itself.
CANNABIS REGULATORY COMMISSION or CRC
The administrative agency of the State of New Jersey established pursuant to Section 31 of P.L. 2019, c. 153, N.J.S.A. 24:6I-24, to review and approve or deny applications and issue licenses to operate as a cannabis establishment or cannabis delivery service at the state level independent of the Township's local license regulations established by ordinance.
CANNABIS RESIN
The resin extracted from any part of the plant Cannabis sativa L., including cannabis extract and resin extracted using nonchemical processes, processed and used in accordance with P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et al.). "Cannabis resin" does not include: any form of 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 al.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et al.); hashish 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 as defined in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2) and applied to any offense of the "New Jersey Controlled Dangerous Substances Act," P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et al.); 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 al.).
CANNABIS RETAILER
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. "Cannabis retailer" further refers to those uses and activities that require issuance and possession of a valid current Class 5 cannabis retailer license from the New Jersey Cannabis Regulatory Commission and the Township of Mount Olive in accordance with the Act, the regulations promulgated by the Cannabis Regulatory Commission and the local ordinances and regulations of the Township.
CANNABIS WHOLESALER
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. This person or entity shall hold a Class 3 cannabis wholesaler license.
LICENSE
A license issued under P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et al.), including a license that is designated as either a Class 1 cannabis cultivator license, a Class 2 cannabis manufacturer license, a Class 3 cannabis wholesaler license, a Class 4 cannabis distributor license, a Class 5 cannabis retailer license, or a Class 6 cannabis delivery license. The term includes a conditional license for a designated class, except when the context of the provisions of P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et al.) otherwise intend to only apply to a license and not a conditional license. "License" shall also mean a local annual license issued by the Township Council of the Township of Mount Olive in accordance with Chapter 134, Part 1, of the Township Code.
LOCAL ANNUAL LICENSE
An annual license issued by the Township of Mount Olive which a licensed cannabis establishment, cannabis distributor and/or cannabis delivery service shall be required to obtain in order to lawfully operate within the jurisdictional boundaries of the Township in accordance with the Township's ordinances and P.L. 2021, c. 16, § 31, N.J.S.A. 24:6I-45c(2), in addition to a valid and current license separately issued by the Cannabis Regulatory Commission at the same license class and tier for the same location.
MEDICAL CANNABIS ORGANIZATION
Any person or entity holding a permit, endorsement or license, or an applicant for a permit, endorsement or license, to operate as a medical cannabis cultivator, medical cannabis manufacturer, medical cannabis dispensary, clinical registrant, an alternative treatment center and/or a vertically integrated permit as those terms are defined under the Jake Honig Compassionate Use Medical Cannabis Act, N.J.S.A. 24:6I-1 et seq.
B. 
Prohibition of certain cannabis establishments, cannabis distributors and cannabis delivery service businesses.
(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), except for Class 5 cannabis retailer establishments holding both a valid license issued by the New Jersey Cannabis Regulatory Commission and a valid local annual license issued by the Township of Mount Olive, all other cannabis establishments, cannabis distributors and cannabis delivery services are hereby prohibited from operating anywhere within the jurisdiction of the Township of Mount Olive.
(2) 
Except for medical cannabis dispensaries which concurrently hold a valid permit issued by the New Jersey Cannabis Regulatory Commission and a valid Class 5 cannabis retailer license in accordance with N.J.S.A. 24:6I-7 and which also hold a valid local annual license issued by the Township of Mount Olive, this prohibition shall be read and construed to apply equally to any and all medical cannabis organizations holding a permit or endorsement, including a vertically integrated permit or endorsement, and/or applicants for such a permit/endorsements, issued by the New Jersey Cannabis Regulatory Commission under the Jake Honig Compassionate Use Medical Cannabis Act, N.J.S.A. 24:6I-1 et seq., as well as any medical cannabis organizations, which are deemed to concurrently hold or seek to concurrently operate or otherwise hold a Class 1 cannabis cultivator license, Class 2 cannabis manufacturer license, Class 3 cannabis wholesaler license, Class 4 cannabis distributor license, and/or a Class 6 cannabis delivery license pursuant to N.J.S.A. 24:6I-7 and/or N.J.S.A. 24:6I-46a(3)(a)(i) through (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, and/or a Class 6 cannabis delivery license under Section 33 [N.J.S.A. 24:6I-46a(3)(a)(i) through (iv)] of CREAMMA is hereby prohibited at the premises of a licensed medical cannabis organization, or applicant for such license, under the Jake Honig Compassionate Use Medical Cannabis Act, N.J.S.A. 24:6I-1 et seq.
(4) 
Cannabis consumption area(s) are prohibited within the jurisdictional boundaries of the Township of Mount Olive.
(5) 
Nothing herein shall be read or construed to prohibit the holder of a valid New Jersey Class 6 cannabis delivery service license from transporting and delivering cannabis or cannabis items directly to a consumer 21 years of age or older.
C. 
Violations. Any person or entity found in violation of the provisions of this section shall be subject to a civil fine and/or penalty as set forth in Chapter 134 of the Township Code.
[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. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CERTIFICATE OF OCCUPANCY
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.
CHARGING LEVEL
The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:
(1) 
Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt AC circuit.
(2) 
Level 2 operates on a forty- to 100-amp breaker on a 208- or 240-volt AC circuit.
(3) 
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.
ELECTRIC VEHICLE
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.
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or EVSE
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."
MAKE-READY PARKING SPACE
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.).
PRIVATE EVSE
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.
PUBLICLY ACCESSIBLE EVSE
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.
(2) 
EVSE and make-ready parking spaces installed pursuant to Subsection D below in development applications that are subject to site plan approval are considered a permitted accessory use as described in Subsection C(1) above.
(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.
(4) 
Additional installation of EVSE and make-ready parking spaces above what is required in Subsection D above may be encouraged, but shall not be required in development projects.
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:
[1] 
Hours of operation and/or time limits and identity of enforcement agent (municipality or owner/designee);
[2] 
Usage fees and parking fees, if applicable; and
[3] 
Contact information (telephone number) for reporting when the equipment is not operating or other problems.
(6) 
Usage fees. Usage fees for EVSE and make-ready parking spaces shall be governed by § 375-35.1 of the Township Code.