The short form by which this Ordinance may be known shall be "The Zoning Chapter of the Land Development Ordinance of the Borough of Flemington".
It is the intent and purpose of this Ordinance to exercise the authority delegated to municipalities under the Municipal Land Use Law (P.L. 1975, c. 291; codified as N.J.S.A. 40:55D-1 et seq.) to regulate development.
This Ordinance is intended to implement the policies of the Master Plan in its provisions:
A.
To guide the appropriate use or development of all lands in a manner that will promote the public health, safety, morals and general welfare;
B.
To secure safety from fire, flood, panic and other natural and manmade disasters;
C.
To provide adequate light, air and open space;
D.
To ensure that the development of the Borough of Flemington does not conflict with the development and general welfare of neighboring municipalities, the County and State as a whole;
E.
To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities and regions and preservation of the environment;
F.
To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies;
G.
To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all New Jersey citizens;
H.
To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which will result in congestion or blight;
I.
To provide a desirable visual environment through creative development techniques and good civic design and arrangements;
J.
To promote the conservation of historic sites and districts, open space, energy resources and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land;
K.
To encourage senior citizen community housing construction;
L.
To encourage the coordination of various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land;
M.
To promote utilization of renewable energy sources;
N.
To promote the maximum practical recovery and recycling of recyclable materials from municipal solid waste through the use of planning practices designed to incorporate the State Recycling Plan goals and to compliment municipal recycling programs;
O.
To encourage a mixture of land uses that facilitates non-vehicular and pedestrian access;
Q.
To encourage the redevelopment and revitalization of existing underutilized or abandoned lands and buildings;
R.
To promote the redevelopment and revitalization of the commercial center of Flemington through coordinated parking, streetscape improvements, signage, and lighting in keeping with the historic character of this district;
S.
To preserve and enhance historic buildings, places and landscapes, encourage the maintenance of traditional architectural forms in buildings, and retain streetscape characteristics.
T.
To establish design standards to encourage the construction of new buildings to complement the style and scale of existing buildings;
U.
To promote the preservation of natural features during land development;
V.
To promote the visual improvement of the Borough's major arterials by the coordination of visual design and character of signage, planting additional street trees, and requiring on-site landscaping improvements during the redevelopment review process.
W.
To encourage the coordination of development through the connection of commercial properties by easement and physical improvement.
X.
To decrease the visibility and extent of parking lots and access driveways by:
1.
Requiring the installation of landscaped traffic islands in parking lots;
2.
Screening parking lots from the traveling public and adjacent residents by a combination of landscaping, berming, walls and fencing; and
3.
Reducing the required number of parking spaces in pedestrian-oriented development and redevelopment.
[Added 7-12-2021 by Ord. No. 2021-14]
Means an organization issued a permit pursuant to the "Jake Honig Compassionate Use Medical Cannabis Act," P.L.2009, c.307 (C.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 that act (C.24:6I-7) to concurrently hold a medical cannabis cultivator permit, a medical cannabis manufacturer permit, and a medical cannabis dispensary permit.
Means 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 obtained from the retailer or permit holder may be consumed. This definition shall be consistent with the Recreational Marijuana Act and all amendments thereto.
Means 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. This definition shall be consistent with the Recreational Marijuana Act and all amendments thereto.
Means a cannabis cultivator, cannabis manufacturer, cannabis wholesaler, or cannabis retailer. This definition shall be consistent with the Recreational Marijuana Act and all amendments thereto.
Means any licensed person or entity that purchases or otherwise obtains usable cannabis from cannabis growers and cannabis items from cannabis manufacturers or cannabis wholesalers, and sells these to consumers from a retail store. Cannabis retailers shall hold a Class 5 Cannabis Retailer License pursuant to the Recreational Cannabis Act. This definition shall be consistent with the Recreational Marijuana Act and all amendments thereto.
Means the New Jersey Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (approved January 18, 2010), amended by P.L. 2019, c. 153 (approved July 2, 2019), codified at N.J.S.A. 24:6I-1 et seq.
Means an organization holding a permit issued by the commission that authorizes the organization to: possess and cultivate cannabis and deliver, transfer, transport, distribute, supply, and sell medical cannabis and related supplies to other medical cannabis cultivators and to medical cannabis manufacturers, clinical registrants, and medical cannabis dispensaries, as well as to plant, cultivate, grow, and harvest medical cannabis for research purposes. A medical cannabis cultivator permit shall not authorize the permit holder to manufacture, produce, or otherwise create medical cannabis products, or to deliver, transfer, transport, distribute, supply, sell, or dispense medical cannabis, medical cannabis products, paraphernalia, or related supplies to qualifying patients, designated caregivers, or institutional caregivers.
Means an organization issued a permit by the commission that authorizes the organization to: purchase or obtain medical cannabis and related supplies from medical cannabis cultivators; purchase or obtain medical cannabis products and related supplies from medical cannabis manufacturers; purchase or obtain medical cannabis, medical cannabis products, and related supplies and paraphernalia from other medical cannabis dispensaries and from clinical registrants; deliver, transfer, transport, distribute, supply, and sell medical cannabis and medical cannabis products to other medical cannabis dispensaries; furnish medical cannabis, including medical cannabis products, to a medical cannabis handler for delivery to a registered qualifying patient, designated caregiver, or institutional caregiver consistent with the requirements of subsection i. of section 27 of P.L.2019, c.153 (C.24:6I-20); and possess, display, deliver, transfer, transport, distribute, supply, sell, and dispense medical cannabis, medical cannabis products, paraphernalia, and related supplies to qualifying patients, designated caregivers, and institutional caregivers. A medical cannabis dispensary permit shall not authorize the permit holder to cultivate medical cannabis, to produce, manufacture, or otherwise create medical cannabis products.
Means the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16).
The provisions of this Ordinance shall be held to be the minimum requirements for the protection of the public health, safety, and welfare. Where this Ordinance imposes a greater restriction than is imposed and required by other provisions of the Borough of Flemington, County, State, or Federal government, the provisions of this Ordinance shall control. Where such other laws, ordinances, rules, regulations, or resolutions require greater restrictions than are imposed by this Ordinance, the provisions of such other laws, ordinances, rules, regulations, or resolutions shall control.
All principal, accessory and conditional uses not expressly permitted in this Ordinance are hereby prohibited.
All applicable requirements shall be met at the time of erection, enlargement, alteration, moving or change in any use or structure and shall apply to the entire structure or structures whether or not the entire structure or structures were involved in the erection, enlargement, alteration, moving or change in use.
The time period for the effect of approval shall begin with the date of the adoption of the resolution memorializing such approval of the subject application by the Board of Jurisdiction.
A.
Required Conformance. No structure shall be erected and no existing building shall be moved, altered, enlarged, or rebuilt, nor shall any land be designed, used or intended to be used for any purpose other than as permitted within the zoning districts so described by this Ordinance, nor shall any open space or yard area be encroached upon or reduced in any manner except in strict conformity with the regulations contained herein.
B.
Unlawful Encroachment. In the event of any unlawful encroachment or reduction of open space or yard area, the building or structure, as the case maybe, shall be deemed in violation of the provisions of this Ordinance and the Certificate of Occupancy for such building or structure shall be null and void.
C.
Exception for Certain Utilities and Other Infrastructure. The provisions for review by a board of competent jurisdiction shall not apply to utility distribution or collection lines for water, sewerage, storm water, natural gas, and electric, nor telephone, cable television or other telecommunications lines supplied by a public or local utility, or cable television company which are located in or on a public street providing service to private property.
D.
Frontage on Public Street. Every principal use shall be located on a lot with frontage upon an existing improved public street or new street which has been built in accordance with the applicable Borough standards or for which such improvement has been insured by the posting of a performance guaranty in accordance with this Ordinance.
E.
Dedication of Right-of-Way. No subdivision or site plan involving any street(s) requiring additional right-of-way width as specified in the Master Plan or Official Map and the street requirements of this Ordinance shall be approved unless such additional right-of-way, either along one or both sides of said street(s), as applicable, shall be deeded to the municipality or other appropriate governmental agency.
F.
Yards. No open space provided around any principal building for the purposes of complying with the front, side, or rear yard requirements of this Ordinance shall be considered as providing for the required yard areas of another principal building.
A.
Permitted Modifications for Residential Infill Development. New principal dwellings in the Transition Residential district and the Single Family district on infill lots may encroach within the yard areas as otherwise required in this Ordinance under the following criteria:
1.
Front Yard. The front yard depth may be reduced to the average of the setbacks from the streetline of existing dwellings on both sides of the proposed residence. In the event an adjacent lot is vacant, the average shall be calculated using the required setback for the vacant lot.
2.
Side Yard. The side yard may be reduced to the depth of the side yard of the adjacent lot but in no instance shall the distance between dwellings be reduced to less than 10 feet.
B.
Height Limits. Except for one-and two-family dwellings as permitted in this Ordinance, penthouses or roof structures for the housing of stairways, tanks, ventilating fans, air-conditioning equipment or similar equipment required to operate and maintain the building, skylights, spires, cupolas, flagpoles, chimneys or similar structures may be erected above the height limits prescribed by this Ordinance but in no case shall such extension exceed 20 percent of the maximum height permitted in the district.
C.
Child Care Centers and Family Day Care Homes.
1.
Child Care Centers. Child care centers shall be permitted in any nonresidential district. Any child care center shall be duly licensed pursuant to N.J.S.A. 30:5B-1 et seq. A child care center functionally integrated within a nonresidential development owned or operated for the benefit of their employees, their tenant's employees, or employees within an office or business park or research and development complex shall not be required to provide additional off-street parking for the use. In the calculation of any floor area ratio applicable to an office or business park or research and development complex, the area occupied by a child care center shall not be included.
2.
Family daycare homes as defined in N.J.S.A. 40:55D-66.5a. and b. are principal permitted uses in all residential zone districts.
D.
Emergency Housing. Trailers for emergency housing for households displaced by fire, storm, flooding, or other natural disaster may be located on individual lots in zoning districts where single-family detached and two-family residential uses are permitted for the period of reconstruction. The installation of such trailers shall conform to the following requirements:
1.
No trailer shall be installed at a site prior to the issuance of all required Uniform Construction Code permits.
2.
The trailer shall be placed on the lot where the residence made uninhabitable by such disaster is located.
3.
No more than one unit of emergency housing shall be permitted per lot.
4.
All such trailers shall be removed from the reconstruction site upon the issuance of a Temporary Certificate of Occupancy prior to permitting the occupancy of the permanent residence.
5.
No such trailer shall be placed in the front yard setback required for the respective zoning district.
6.
Such temporary housing shall not exceed 900 square feet in floor area.
E.
Groundwater Remediation. Temporary structures and equipment required for the remediation of groundwater contamination pursuant to N.J.S.A. 58:10A-1 et seq. shall be permitted in any district provided that:
1.
Existing on-site buildings shall be used to the extent feasible to house equipment and offices;
2.
Structures and equipment shall be set back from any property line a minimum of 25 feet, and shall emit no noise when measured at the property line.
3.
Equipment shall be enclosed by opaque fencing.
4.
All temporary structures and equipment shall be removed within 90 days following completion of the remedial action.
5.
Disturbed areas shall be graded and seeded with an appropriate ground cover in accordance with the soil erosion control regulations of the municipality or county.
6.
Groundwater remediation action shall be exempt from site plan review as otherwise required in this Ordinance.
F.
Public and Local Utilities and Cable Television Facilities. Distribution facilities for public and local utilities and cable television companies shall be permitted in any district, but shall not include communication towers or antennas, utility yards for the storage of vehicles, equipment and supplies, nor for maintaining and extending distribution networks, power generation, or facilities requiring a New Jersey Pollution Discharge Elimination System permit (NJPDES), provided that:
1.
The proposed installation in a specific location must be reasonably necessary for the satisfactory provision of service by the utility to the neighborhood or area in which the particular use is to be located.
2.
The design of any building in connection with such facilities must conform to the general character of the area and not adversely affect the safe, comfortable enjoyment of property rights in the zone in which it is located.
3.
Adequate fences and other safety devices must be provided as may be required. Fences, when used to enclose public utility facilities such as electrical power substations, shall be built in accordance with the applicable requirements of the New Jersey Board of Public Utility Commissioners and the National Electrical Code in effect at the time of construction.
4.
Landscaping, including shrubs, trees and lawns, shall be provided.
5.
Off-street parking shall be provided as determined by the approving authority during site plan review.
6.
All of the other area, yard, height and building coverage requirements of the respective zone and any other applicable requirements of this Ordinance shall be met.
G.
Sales Offices. Temporary sales offices for the marketing of residential development shall be permitted only upon the lot or tract to which such sales relate. Temporary sales offices shall conform to the following requirements:
1.
No such office shall be installed prior to the filing of stamped final subdivision plats or issuance of signed and sealed site plans, as the case may be.
2.
Sales offices shall provide for no less 5 and no more than 10 temporary off-street parking spaces located in a safe and convenient manner. Off-street parking shall be provided as determined by the Approving authority during site plan review.
3.
No sales office shall be located within 25 feet of a lot line or streetline. Such offices shall be temporarily landscaped along the foundation of the structure.
H.
Temporary Construction Trailers. Temporary construction trailers at work sites shall be permitted in all zoning districts for office use and the storage of equipment and supplies during active construction activities. The installation of such trailers shall conform to the following requirements:
1.
No trailer shall be installed at a work site prior to the issuance of a construction permit.
2.
All such trailers shall be removed from the work site upon the issuance of a temporary or permanent certificate of occupancy to which the use of the trailer relates.
3.
No trailer shall remain at a work site where active construction activity has ceased for a period of more than 30 days, except where inclement weather prohibits the immediate renewal.
4.
No trailer shall be located within 25 feet of a lot line or streetline. Such trailers shall be temporarily screened from public view by a combination of opaque fencing and/or landscaping.
5.
No more than 3 temporary construction trailers shall be permitted per work site, and shall be removed prior to the issuance of the last certificate of occupancy.
I.
Temporary Uses. Application may be made to the Borough Council for a permit for a temporary use inconsistent with the provisions of this Article for special events lasting for a period not to exceed 2 weeks in any one year. Such events may include, but not be limited to, circuses, bazaars, fairs, and athletic contests. In the granting or denial of such temporary use permit the Borough Council may consider the following:
1.
The adequacy of provisions for public safety, including, but not limited to, fire prevention, crowd control, and emergency medical services.
2.
The adequacy of provisions for vehicular and pedestrian traffic control, including ingress and egress, parking, attendants and temporary traffic signage.
3.
The adequacy of provisions for food handling, solid waste, and sanitary sewerage.
4.
The sufficiency of insurance for the event.
5.
Any other measures necessary to protect the public health, safety, and welfare.
The Borough Council may impose reasonable conditions on the issuance of any temporary use permit including, but not limited to, the posting of adequate surety and the reimbursement of expenses incurred by the municipality.
A.
Continuance. Any nonconforming use or structure lawfully existing at the time of passage of the ordinance which made such use or structure nonconforming may be continued upon the lot or in the structure so occupied and any such structure may be restored or repaired in the event of partial destruction (up to but not exceeding 50 percent of value) thereof.
B.
Nonconforming Use Certificate. A prospective purchaser, prospective mortgagee, or any other person interested in any land upon which a nonconforming use or structure exists may apply in writing for the issuance of a certificate certifying that the use or structure was in existence before the adoption of the ordinance which rendered the use or structure nonconforming and that said use or structure may continue as a lawful preexisting use pursuant to N.J.S.A. 40:55D-68. The applicant shall have the burden of proof.
C.
Application Procedure. Applications pursuant hereto shall be made to the Zoning Officer within 1 year of the adoption of the ordinance which rendered such use or structure nonconforming, or at any such time to the Planning Board. Notice shall be given in accordance with § 1410. A fee in accordance with Chapter 28 shall be required for the Certificate of Non-Conforming Use. The Board Secretary shall publish notice of the Zoning Officer's decision of either approval or denial of the certification in the Planning Board's official newspaper within 10 days of the issuance of such certification or denial of same. Any interested party affected by any decision of the Zoning Officer may appeal such decision to the Planning Board in accordance with N.J.S.A. 40:55D-72 within 20 days of the publication of the notice of decision.
D.
Maintenance. Maintenance may be made to a nonconforming use, structure, or lot provided the maintenance work does not change the use, expand the building or the functional use of the building, or increase the area of a lot used for a nonconforming purpose.
E.
Building Additions. Any existing structure with a permitted use located on either a conforming or nonconforming lot, but which building is situated on the lot so as to violate one or more yard requirements, may have additions to the principal building and/or construct an accessory building without an appeal for a variance, provided:
1.
The existing use(s) on the lot are conforming to the permitted use(s) stipulated in this Ordinance for the lot in question; and
2.
The total permitted building coverage is not exceeded; and
3.
The accessory building and/or addition do not violate any other requirements of this Ordinance including, but not limited to, height, setback, and parking; and
4.
There is no increase in the existing nonconformity.
5.
This section shall not apply to infill development.
6.
The addition of eave overhangs, cellar doors and similar features is permitted, if they do not more than extend 4 feet beyond the building setback.
F.
Subdivision of Lots. An existing lot whose area and/or dimensions are sufficient to permit a subdivision, but where a structure exists on the lot with one or more setback violations, may nevertheless be subdivided without an appeal for a variance provided the subdivision itself does not create any new zoning violations and does not increase the severity of the existing setback violations.
G.
Merging of Substandard Lots. Whenever title to 2 or more contiguous lots is held by the same owner, regardless of whether or not each of the lots may have been approved as portions of a subdivision or acquired by separate conveyance or by other operation of law, and one or more individual lots should, by reason of substandard area or yard space or similar measurements, not conform with the minimum lot area and dimension requirements for the zone in which it is located, the contiguous lots shall be merged into a single lot.
[Amended 6-10-2024 by Ord. No. 2024-12]
The following regulations shall apply to all accessory buildings:
A.
Accessory Buildings as Part of Principal Buildings. Any accessory building attached to a principal building shall be considered part of the principal building and the total structure shall adhere to the yard requirements for the principal building regardless of the technique of connecting the principal and accessory buildings.
B.
Accessory Buildings Not to Be Constructed Prior to Principal Building. No permit shall be issued for the construction of an accessory building prior to the issuance of a construction permit for the construction of the main building upon the same premises. If construction of the main building does not precede or coincide with the construction of the accessory building, the Construction Official shall revoke the construction permit for the accessory building until construction of the main building has proceeded substantially toward completion.
C.
Location and Setback of Accessory Buildings. An accessory building or structure may be erected in side and rear yard areas only excepting certain limited uses otherwise permitted in this Ordinance and shall be set back from property lines as required herein. In the event that no accessory building or structure setback is established in the particular district, the setback requirements for principal buildings shall apply.
D.
Fences and walls. The following regulations shall apply to fences and walls:
1.
Fences and walls may be placed with the finished side (without supports) located on the property line. All permitted fences shall be situated on a lot in such a manner that the finished side shall face adjacent properties.
2.
No fence shall be erected of barbed wire, topped with metal spikes, broken bottles and glass, nor constructed of any material or in any manner which may be dangerous to persons or animals.
3.
Fences made from discarded materials, not usually associated with fences, such as, but not limited to doors, old lumber, pallets, and the like are prohibited.
4.
On any lot in any district, no wall or fence shall be erected or altered so that said wall or fence shall be over four feet in height in front yard areas and six feet in height in side and rear yard areas except:
a.
A dog run or privacy area may have fencing a maximum of seven feet in height provided such area is located in rear yard areas only and is set back from any lot line at least 15 feet.
b.
A tennis court area, located in rear yard areas only, may be surrounded by a fence a maximum of 15 feet in height; said fence to be set back from any lot line the distances required for accessory buildings in the zoning district as stipulated in this article.
c.
No fence shall exceed five feet in height in a rear yard of a reverse frontage lot.
d.
On corner lots, no fences or walls may be placed within the sight triangle. Fences or walls shall not exceed two feet in height on corner lots in the front yard setback.
5.
A private residential swimming pool area shall be surrounded by a fence at least four feet, but no more than six feet, in height.
6.
Nonresidential uses may be permitted a fence of up to eight feet in height when located behind the front yard provided the specific size, type, and location is approved by the Planning Board. Deviations from this subsection shall be considered as waivers from the ordinance standards.
7.
Every fence shall be maintained in a safe, sound, upright condition.
8.
Electrically charged fences, with the exception of designed those for the purpose of containing pets (i.e. invisible fence), are prohibited.
[Added 7-12-2021 by Ord. No. 2021-14]
A.
The number of Cannabis Establishments located within the Borough shall be limited as follows:
[Amended 3-13-2023 by Ord. No. 2023-02]
B.
Cannabis Manufacturers and Cannabis Wholesalers shall not be permitted.
C.
This section shall in no way shall be construed to prohibit home growing of cannabis products in the event such is permitted by the New Jersey Legislature in the future.
D.
In the event more than one land use application for a Cannabis Establishment of the same classification are submitted to the Borough in close proximity to one another, and if the applications comply with all the requirements of this chapter and the Recreational Marijuana Act, the Borough is not permitted to approve all of the applications because of the limitations set forth in this subsection. The Borough shall first review for approval the application that was first submitted and determined to be a complete and compliant application by the appropriate Borough Official.
[Amended Ord. No. 2009-15; Ord. No. 2017-10; 7-13-2020 by Ord. No. 2020-2]
For the purposes of this Ordinance, the Borough of Flemington is hereby divided into the following districts:
Zoning District | Zoning Symbol |
|---|---|
Single Family Residential | SF |
Transition Residential | TR |
Townhouse Residential | TH |
Garden Apartment Residential | GA |
Senior Citizen Residential | SC |
Transition Commercial | TC |
Community Business | CB |
Downtown Business | DB |
Downtown II Business | DBII |
Professional Office | PO |
Village Artisan Shopping [Ord. No. 2012-15] | VAS |
Highway Retail | HR |
Super Shopping Overlay | O/SS |
Public School and Parks | PS/P |
Mixed-Use Multifamily Overlay | O/MUMF |
[Ord. No. 2013-11; Ord. No. 2017-10]
The Zoning Map entitled "Zoning, Flemington Borough, Hunterdon County, NJ," dated June 2013, is hereby adopted and made a part of this Ordinance.
A.
Amendments
1.
Ordinance No. 2017-10. The Zoning Map is amended to remove the Inclusionary Housing Overlay District.[1]
[Ord. No. 2017-10]
[1]
Editor's Note: The Zoning Map and the Historic District Map are included as attachments to this chapter.
2.
Ordinance No. 2020-2. The Zoning Map is amended to include the Mixed-Use Multifamily Overlay Zone and apply such to the properties identified as Block 45, Lots 2, 3, 4, 5, 6, 9,11, 12, 13, 15, and 16.
[Added 7-13-2020 by Ord. No. 2020-2]
3.
Ordinance No. 2020-12. The Zoning Map is amended pursuant to the Global Agway Redevelopment Plan amendment, pertaining to Block 5, Lots 1 and 2.
[Added 8-24-2020 by Ord. No. 2020-12]
4.
Ordinance No. 2020-16. The Zoning Map is amended pursuant to the 2017 Union Hotel Redevelopment Plan amendment, pertaining to Block 22, Lots 4, 5, 6, 7, 8, 9, 10, 12, 13 and 14; Block 23, Lots 1 and 7; and Block 24, Lots 1, 2, 3, and 5.
[Added 10-13-2020 by Ord. No. 2020-16; amended 10-12-2021 by Ord. No. 2021-23]
5.
Ordinance No. 2021-28. The Zoning Map is amended pursuant to the Liberty Village Redevelopment Plan pertaining to Block 35, Lots 22, 23, 24, 25, 31, 53, 54, 69, 70 and 71.
[Added 12-13-2021 by Ord. No. 2021-28]
6.
Ordinance No. 2022-18. The Zoning Map is amended to remove Block 14, Lots 11, 12, the eastern portion of 13 (220 feet from Main Street), 14, 15, 16, 17, 17.01 and 20, and Block 18, Lots 1, 2, 3 and 4, from the Professional Office (PO) Zoning District and rezone them into the Downtown Business (DB) Zoning District.
[Added 10-11-2022 by Ord. No. 2022-18]
7.
Ordinance No. 2022-30. The Zoning Map is amended pursuant to the Global Agway Redevelopment Plan amendment, pertaining to Block 14, Lot 1.
[Added 12-12-2022 by Ord. No. 2022-30]
8.
Ordinance No. 2023-23. The Zoning Map is amended to remove Block 45 Lots 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 from the Community Business (CB) Zoning District and rezone them into the Transition Commercial (TC) Zoning District.
[Added 9-11-2023 by Ord. No. 2023-23]
9.
Ordinance No. 2023-23. The Zoning Map is amended to remove Block 45 Lots 3, 4, 5, 6, 9, 11, 12, 13, 100 from the Highway Retail (HR) Zoning District and rezone them, into the Transition Commercial (TC) Zoning District.
[Added 9-11-2023 by Ord. No. 2023-23]
10.
Ordinance No. 2023-23. The Zoning Map is amended to remove Block 45 Lot 1 from the Village Artisan Shopping (VAS) Zoning District and rezone them into the Transition Commercial (TC) Zoning District.
[Added 9-11-2023 by Ord. No. 2023-23]
11.
Ordinance No. 2023-23. The Zoning Map is amended to remove Block 47 Lots 6 and 8 from the Community Business (CB) Zoning District and rezone them into the Highway Retail (HR) Zoning District.
[Added 9-11-2023 by Ord. No. 2023-23]
12.
Ordinance No. 2023-23. The Zoning Map is amended to remove Block 45 Lots 2, 3, 4, 5, 6, 9, 11, 12, 23, 15, and 16 from the Mixed-Use Multi-Family Overlay (MUMF) Overlay Zone and eliminate the MUMF Overlay Zone in its entirety.
[Added 9-11-2023 by Ord. No. 2023-23]
13.
Ordinance No. 2024-01. The Zoning Map is amended pursuant to the Liberty Village Phase 1 Redevelopment Plan, pertaining to Block 35, Lots 31, 53, 54, 69, 70 and 71 and a portion of Lot 22.
[Added 5-13-2024 by Ord. No. 2024-01]
14.
Ordinance No. 2024-19. The Zoning Map is amended to remove Block 1 Lot 13, Block 8 Lots 9, 10, 11, 12, 13, 13.01, Block 13 Lots 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, Block 14 the western portion of Lot 13, Lots 18, 19, 19.81, 19.83, 19.85, 19.87, and 19.89, from the Professional Office (PO) Zoning District and rezone them into the Transition Commercial (TC) Zoning District.
[Added 9-23-2024 by Ord. No. 2024-19]
15.
Ordinance No. 2024-19. The Zoning Map is amended to remove Block 6.01 Lot 1 from the Professional Office (PO) Zoning District and rezone them into the Public Schools, Parks (PS/P) Zoning District.
[Added 9-23-2024 by Ord. No. 2024-19]
16.
Ordinance No. 2024-19. The Zoning Map is amended to remove Block 5 Lots 1 and 2, Block 13 Lots 15 and 16 Block 14 Lots 1, 2, 3, 19, 19. 81, 19.83, 19. 85, 19. 87, 19. 89 from the "Redevelopment Office/Senior Housing Overlay District" Overlay.
[Added 9-23-2024 by Ord. No. 2024-19]
A.
Interpretation of Boundaries and Property Lines. Zoning district boundary lines are intended to follow street centerlines, railroad rights-of-way, streams and lot or property lines as they exist on lots of record at the time of enactment of this Ordinance unless otherwise indicated by dimensions on the Zoning Map. Any dimensions shown shall be in feet and measured horizontally and, when measured from a street, shall be measured from the street right-of-way line even if the centerline of that street is used for the location of a zoning district line. The exact location of any disputed zoning district boundary line shall be determined by the Planning Board pursuant to N.J.S.A. 40:55D-70b.
B.
Construction. Where boundaries are not fixed by dimensions and where they approximately follow lot lines and where they do not scale more than 20 feet distant therefrom, the street centerlines, railroad rights-of-way, streams and lot lines shall be construed to be such boundaries.
C.
Use of Scale. Where a zoning district boundary divides a lot, the location of the boundary, unless indicated by dimensions on the Zoning Map, shall be determined by use of the stated scale on the Map.
D.
Applicability Within Each District. The zoning standards, controls and designations apply to every structure, lot and use within each district and the district line extends vertically in both directions, i.e. above and below grade.
[Ord. No. 2012-01]
A.
Purpose. The purpose of the Single Family Residential (SF) District is to provide locations for detached dwellings occupied by one household generally located in the outer ring of development in the Borough. It is the lowest density residential district in the Borough. In addition to single family uses, governmental and institutional uses are permitted.
B.
Permitted Principal Uses. In the Single Family Residential Zone, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except the following:
1.
Single family detached dwelling.
2.
Place of Worship.
3.
ECHO Housing.
a.
The ECHO Housing unit shall be located to the rear of the principal residence, but shall not be located in the side or rear setbacks. The Zoning Officer may require a landscaped buffer of evergreen trees and shrubs to minimize visual impact on neighboring properties.
b.
The ECHO unit shall be separated from the principal dwelling by a minimum of 5 feet.
d.
No ECHO housing unit shall exceed 900 square feet in area.
e.
The exterior of ECHO housing units shall be covered with a material and color that is complementary with the facade of the primary residence on the property.
f.
The unit shall be removed from the premises within 6 months of the end of the term of occupancy of the approved applicant and the lot restored to its status prior to the installation of the unit. The Zoning Officer may extend the time period for removal up to an additional 3 months upon adequate documentation of marketing efforts to sell the unit during the initial 6 month period.
4.
Cemetery.
5.
Municipal use, including parks and recreation.
6.
Community gardening.
C.
Accessory Uses Permitted. Any of the following uses may be permitted when used in conjunction with a permitted principal use:
D.
Conditional Uses Permitted. The following uses may be permitted when authorized as a conditional use by the Planning Board:
1.
Accessory apartment meeting the following criteria:
a.
No more than one accessory apartment per lot shall be permitted.
b.
The accessory apartment shall be used only for one family.
c.
The owner of the lot must reside in the primary dwelling.
d.
The accessory apartment shall be created within the existing square footage of the primary dwelling and any required access and egress shall be created within the existing structure.
e.
Any exterior entrance to the accessory apartment shall not be located on the same facade of the building as the primary dwelling.
f.
The accessory apartment must contain at least 500 square feet in gross floor area, but must not constitute more than 35 percent of the gross floor area of the principal building.
g.
At least one additional off-street parking space shall be provided for the use of the accessory apartment occupants.
h.
The accessory apartment structure and lot shall be in full compliance with all applicable health and construction codes.
i.
The owner of the accessory apartment must submit an affidavit of continuing use every 2 years.
j.
Flemington Borough acknowledges the need to provide its fair share of housing for low and moderate income households. Any property owner applying for an accessory apartment under this section must affirmatively demonstrate that the accessory apartment is to be rented to and occupied by a household meeting the affordable housing criteria of the NJ Council on Affordable Housing (COAH) and the Affordable Housing Procedural Requirements of Section 2632.
k.
Accessory apartments shall be affirmatively marketed to the housing region and shall be administered by an experienced administrative entity as further described in Section 2633.
l.
Recognizing that Flemington Borough is meeting its unmet need with accessory apartments for low and moderate income households, the Borough has not been required to bond to fund the creation of accessory apartments. However, in the event that development fee revenue is available, the Borough will provide at least $10,000.00 to subsidize the physical creation of an accessory apartment conforming to the requirements of this section.
m.
The maximum number of accessory apartments permitted under this section shall be the number that the municipality is permitted to apply toward its unmet fair share obligation of low and moderate income housing in accordance with the applicable regulations of COAH that exist at the time of application.
n.
The accessory apartment shall be rented only to a household which is either a low or moderate income household at the time of initial occupancy of the unit.
o.
Ten (10) year affordability controls shall be imposed via a deed restriction or other instrument acceptable to the Borough Attorney and COAH.
p.
Rents of accessory apartments shall be affordable to low or moderate income households as per COAH regulations and shall include a utility allowance.
2.
Public and private nonprofit day school meeting the following criteria:
a.
The minimum lot size shall be 3 acres.
b.
The minimum lot frontage shall be 150 feet.
c.
No building shall be located within 50 feet of a lot line.
d.
Parking lots shall be properly screened and shall be a minimum of 25 feet from surrounding properties and public roads.
e.
Outdoor athletic fields shall be oriented to minimize adverse impacts on neighboring residential uses from noise, lighting, and vehicular and pedestrian access.
3.
Any other requirement not herein modified shall apply to any conditional use.
E.
Area, Yard, Height and Building Coverage. Except as otherwise modified, the following bulk standards shall apply to all SF Districts.
Principal Use and Accessory Buildings | Min. Lot Area | Min Lot Width | Min. Lot Depth | Min. Front Yard | Min. Side Yard | Min. Rear Yard | Max. Height | Max. Imperv. Surface Ratio | Max Building Coverage |
|---|---|---|---|---|---|---|---|---|---|
Single Family Detached | 11,250 sf | 75' | 150' | 25' | 10' | 35' | 35'(1) | .50 | .25 |
Accessory Building(2,6) | NP | 5' | 5' | 18' | |||||
Place of Worship | 43,560 sf | 100' | 200' | 25' | 25' | 35' | 80'(3) | .50 | .25 |
Accessory Building(2,6) | NP | 15' | 15' | 28' | |||||
Cemetery(4) | 5 acres | 200' | 400' | 50'' | 10' | 10' | N/A | .25 | .10 |
Accessory Building (2,5,6) | 35 | 15' | 15' | 25' | |||||
Municipal | 2,000 sf | 45' | 50' | 25' | 10' | 10' | 45' | .75 | .50 |
Public and Private School | 3 acres | 150' | 350' | 50' | 25' | 50' | 45' | .75 | .50 |
Accessory Building (2,6) | NP | 15' | 30' | 25' |
NP = Not Permitted. |
N/A = Not Applicable. |
(1) – Or 2 1/2 stories, whichever is less. |
(2) – No more than 2 accessory structures or buildings for lots <15,000 sf; no more than 3 accessory structures or buildings for lots >15,000 sf. |
(3) – The ridgeline of the main roof shall not exceed 45 feet in height. |
(4) – Setbacks apply to graves and monuments or other markers. |
(5) – Applies to any accessory structure or building in a cemetery excluding uses in Note No. (3). |
(6) – Properties must also meet standards for particular accessory buildings, structures, and uses, including but not limited to solar facilities and residential sheds, in Chapter 16. [Ord. No. 2012-01] |
[Ord. No. 2012-01]
A.
Purpose. The purpose of the Transition Residential (TR) District is to provide for a medium density residential district of single family detached and two-family dwellings located between primarily commercial districts and single family zones. Certain governmental and institutional uses would also be permitted.
B.
Permitted Principal Uses. In the Transition Residential Zone, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except the following:
1.
Single family detached dwelling.
2.
Two-family dwelling.
3.
Place of Worship.
4.
ECHO Housing.
a.
The ECHO Housing unit shall be located behind the rear of the principal residence, but shall not be located in the side or rear setbacks. The Zoning Officer may require a landscaped buffer of evergreen trees and shrubs to minimize visual impact on neighboring properties.
b.
The ECHO unit shall be separated from the principal dwelling a minimum of 5 feet.
d.
No ECHO housing unit shall exceed 900 square feet in area.
e.
The exterior of ECHO housing units shall be covered with a material and color that compliments the facade of the primary residence on the property.
f.
The unit shall be removed from the premises within 6 months of the end of the term of occupancy of the approved applicant and the lot restored to its status prior to the installation of the unit. The Zoning Officer may extend the time period for removal up to an additional 3 months upon adequate documentation of marketing efforts to see the unit during the initial 6 month period.
5.
Municipal use, including parks and recreation.
6.
Community gardening.
C.
Accessory Uses Permitted. Any of the following uses may be permitted when used in conjunction with a permitted principal use:
D.
Conditional Uses Permitted. The following uses may be permitted when authorized as a conditional use by the Planning Board:
1.
Conversion of single family detached dwelling to a two-family dwelling meeting the following criteria:
a.
The existing dwelling may be expanded and shall meet the minimum gross floor area requirements for the conversion.
b.
Each dwelling unit shall have individual kitchen and bathroom facilities.
c.
Each dwelling unit created by such conversion shall have a minimum gross floor area of 600 square feet plus 120 square feet per bedroom.
d.
No dwelling unit or portion thereof created by conversion shall be permitted below grade.
e.
No conversion shall be permitted under the provisions of this section which would result in the creation of more than 2 dwelling units in a structure or on a lot.
2.
Bed and breakfast accommodation conforming to the following criteria:
a.
No more than 6 guest rooms or suites shall be permitted.
b.
No expansion of the existing dwelling shall be permitted.
c.
Off-street parking space equal to one for each guest room or suite shall be required. Off-street parking may be accommodated off-site provided that the location is within 600 feet of the subject site and an adequate guaranty subject to the approval of the Approving Authority's Attorney that establishes a right to the use of the off-tract parking is secured.
d.
No parking shall be permitted in the front yard.
e.
Only guests of the facility and their invitees shall be served food and drink on the premises.
f.
No cooking facilities shall be permitted in guest rooms or suites.
g.
There shall be a maximum residency limitation on all guests of 30 days.
3.
Public and private nonprofit day school meeting the following criteria:
a.
The minimum lot size shall be 3 acres.
b.
The minimum lot frontage shall be 150 feet.
c.
No building shall be located within 50 feet of a lot line.
d.
Parking lots shall be properly screened and shall be a minimum of 25 feet from surrounding properties and public roads.
e.
Outdoor athletic fields shall be oriented to minimize adverse impacts on neighboring residential uses from noise, lighting, and entrances.
4.
Any other requirement not herein modified shall apply to any conditional use.
E.
Area, Yard, Height and Building Coverage. Except as otherwise modified, the following bulk standards shall apply to all TR districts.
Principal Use and Accessory Buildings | Min. Lot Area | Min. Lot Width | Min. Lot Depth | Min. Front Yard | Min. Side Yard | Min. Rear Yard | Max. Height | Max. Imperv. Surface Ratio |
|---|---|---|---|---|---|---|---|---|
Single Family Detached | 9,000 sf | 50' | 125' | 25' | 8' | 25' | 35'(1) | .50 |
Accessory Building(4) | NP | 5' | 5' | 18' | ||||
Two Family Dwelling | 7,500 sf dwelling; 15,000 sf total | 75' | 125' | 25' | 8'(2) | 25' | 35'(1) | .50 |
Accessory Building(4) | NP | 5' | 5' | 18' | ||||
Place of Worship | 43,560 sf | 100' | 200' | 25' | 25' | 35' | 80'(3) | .60 |
Accessory Building(4) | NP | 15' | 15' | 28' | ||||
Governmental | 2,000 sf | 20' | 50' | 5' | 5' | 5' | 45' | .75 |
Public and Private School | 3 acres | 150' | 350' | 50' | 25' | 50' | 45' | .75 |
Accessory Building(4) | NP | 15' | 30' | 25' |
NP = Not Permitted. |
N/A = Not Applicable. |
(1) – Or 2 1/2 stories, whichever is less. |
(2) – Where two existing units, each on a separate lot, join each other by a common vertical wall from foundation to roof, the side yard between the existing 2 units shall be 0 feet. |
(3) – The ridgeline of the main roof shall not exceed 45 feet in height. |
(4) – Properties must also meet standards for particular accessory buildings, structures and uses, including but not limited to solar facilities and residential sheds, in Chapter 16. |
[Ord. No. 2012-01]
A.
Purpose. The purpose of the Townhouse (TH) Residential District is for townhouse dwellings at a density of 6 units per acre with common open space and amenities in a planned environment. Additionally, municipal and certain institutional uses are permitted.
C.
Accessory Uses Permitted. Any of the following uses may be permitted when used in conjunction with a permitted principal use:
D.
Conditional Uses Permitted. Public and private non-profit day schools may be permitted when authorized as a conditional use by the Planning Board meeting the following criteria:
1.
The minimum lot size shall be 3 acres.
2.
The minimum lot frontage shall be 150 feet.
3.
No building shall be located within 50 feet of a lot line.
4.
Parking lots shall be properly screened and shall be a minimum of 25 feet from surrounding properties and public roads.
5.
Outdoor athletic fields shall be oriented to minimize adverse impacts on neighboring residential uses from noise, lighting, and entrances.
6.
Any other requirement not herein modified shall apply to any conditional use.
E.
Area, Yard, Height and Building Coverage. Except as otherwise modified, the following bulk standards shall apply to all TH Districts:
Principal Use and Accessory Buildings | Min. Lot Area | Min. Lot Width | Min. Lot Depth | Min. Front Yard | Min. Side Yard | Min. Rear Yard | Max Height | Max. Imperv. Surface Ratio |
|---|---|---|---|---|---|---|---|---|
Townhouse: | ||||||||
Tract | 2 1/2 acres | 200' | 200' | 60' | 30' | 50' | .70 | |
Lot (Fee Simple) | 2,000 sf | 22' | 80' | 22' | 22 | 22' | 38'(1) | |
Accessory Building(2) | NP | 30' | 30' | 18' | .10 | |||
Municipal | 2,000 sf | 20' | 50' | 25' | 10' | 10' | 35' | .75 |
Public and Private School | 3 acres | 150' | 350' | 50' | 25' | 50' | 45' | .70 |
Accessory Building(2) | NP | 15' | 30' | 25' | .05 |
NP = Not Permitted. |
NA = Not Applicable. |
(1) – Or 3 stories, whichever is less. |
(2) – Properties must also meet standards for particular accessory buildings, structures and uses, including but not limited to solar facilities and residential sheds, in Chapter 16. |
Principal Use | Minimum Front Yard Area | Minimum Rear Yard Area | Min. Unit Width | Max. Gross Density | Min. Open Space | Min. Distance Between Buildings | Min. Distance Between Buildings and Accessory Uses |
|---|---|---|---|---|---|---|---|
Townhouse | 500 sf | 500 sf | 22' | 6 units per acre | 20% of Tract | 25' | 15' |
F.
Additional Regulations for Townhouse Development.
1.
The minimum number of dwellings in each structure shall be 4 and the maximum 12.
2.
The establishment of an organization for the ownership and maintenance of all common elements shall be required, the form and substance of which shall be approved by the Board of jurisdiction with the advice of the Board Attorney.
3.
Each dwelling unit shall have at least 2 exterior exposures with at least one window in each exposure.
4.
Exterior television reception shall be limited to one master antenna for the entire development.
5.
Air-conditioning units in windows or through exterior walls shall not extend more than 6 inches from the exterior surface.
6.
A swimming pool and/or recreation complex for the use of all residents shall be permitted in a suitable location a minimum of 25 feet from any dwelling. Such complexes shall be sited so as to minimize adverse effects from noise, lighting, and entrances.
7.
Fences, walls and landscaping shall be used to delineate yard areas for the private use of residents and screen mechanical equipment.
8.
A comprehensive pedestrian system linking common amenities to each townhouse structure shall be established with a minimum width of 8 feet.
[Ord. No. 2012-01]
A.
Purpose. The purpose of the Garden Apartment (GA) District is to provide for multi-family housing in a garden apartment configuration at a density not to exceed 24 units per acre. Municipal use, including public recreation, is also permitted.
C.
Accessory Uses Permitted. Any of the following uses may be permitted when used in conjunction with a permitted principal use:
D.
Area, Yard, Height and Building Coverage. Except as otherwise modified, the following bulk standards shall apply to all GA Districts:
Principal Use and Accessory Buildings | Min.Lot Area | Min. Lot Width | Min. Lot Depth | Min. Front Yard | Min. Side Yard | Min. Rear Yard | Max. Height | Max.Imperv. Surface Ratio |
|---|---|---|---|---|---|---|---|---|
Garden Apartment | 7 acres | 200' | 200' | 60' | 30' | 50' | 32'(1) | .60 |
Tract Require- ments) | NP | 30' | 30' | 18' | ||||
Accessory Building(2) | NP | 30' | 30' | 18' | ||||
Municipal | 2,000 sf | 20' | 50' | 5' | 5' | 5' | 45' | .75 |
NP = Not Permitted. |
(1) – Or 2 stories, whichever is less. |
(2) – Properties must also meet standards for particular accessory buildings, structures and uses, including but not limited to solar facilities and residential sheds, in Chapter 16. |
Principal Use | Maximum Dwellings per Building | Maximum Floor Area per Floor | Max. Bldg. Length | Max. Gross Density | Min. Open Space | Min. Distance Between Buildings | Min. Distance Between Buildings and Accessory Uses |
|---|---|---|---|---|---|---|---|
Garden Apartment Building | 16 | 10,000 | 200' | 24 units per acre | 40% of Tract | 25' | 15' |
E.
Additional Regulations for Garden Apartment Development.
1.
The establishment of an organization for the ownership and maintenance of all common elements shall be required where no rental units are proposed, the form and substance of which shall be approved by the Board with the advice of the Board Attorney.
2.
Each dwelling unit shall have at least one exterior exposure with at least one window.
3.
Exterior television reception shall be limited to one master antenna for the entire development.
4.
Air-conditioning units in windows or through exterior walls shall not extend more than 6 inches from the exterior surface.
5.
A swimming pool and/or recreation complex for the use of all residents shall be permitted in a suitable location a minimum of 25 feet from any dwelling. Such complexes shall be sited so as to minimize adverse effects from noise, lighting, and entrances.
6.
Fences, walls and landscaping shall be used to screen mechanical equipment.
7.
A comprehensive pedestrian system linking common amenities to each garden apartment building shall be established with a minimum width of 8 feet.
[Ord. No. 2012-01]
A.
Purpose. The purpose of the Senior Citizen Residential (SC) District is to provide a development zone in a limited area for the creation of age-restricted dwelling units to fulfill the needs of senior citizens by allowing them to remain in their community by reducing housing costs and maintenance responsibilities and to provide age-restricted housing affordable to senior citizen households of low and moderate income.
B.
Permitted Principal Uses. In the Senior Citizen Residential District, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except for dwelling units age-restricted to persons 55 years or older in accordance with the U.S. Fair Housing Amendments Act of 1988 as it may be amended or superseded.
C.
Accessory Uses Permitted. Any of the following uses may be permitted when used in conjunction with a permitted principal use:
1.
Community Center for the common use of residents.
2.
Outdoor recreational facilities, including swimming pool, tennis court or other court sports.
3.
Off-street parking, private garages and car sheds.
4.
Fences, walls, gazebos, mail kiosks and other street furniture.
6.
Maintenance building, not to exceed 1,500 square feet in gross floor area.
7.
Solar facilities.
8.
Shelters and fenced enclosures for the keeping of animals.
[Ord. No. 2012-01]
9.
Community gardening.
[Ord. No. 2012-01]
D.
Area, Yard, Height and Building Coverage. Except as otherwise modified, the following bulk standards shall apply to all SC Districts:
Principal Use and Accessory Buildings | Min. Lot Area | Min. Lot Width | Min. Lot Depth | Min. Front Yard | Min. Side Yard | Min. Rear Yard | Max. Height | Max. Imperv. Surface Ratio | Min. Open Space |
|---|---|---|---|---|---|---|---|---|---|
Senior Apartment Building Tract Require- ments | 2 ac. | 200' | 200' | 35' | 30' | 50' | 32'(1) | .60 | 40% |
Accessory Building(2) | NP | 30' | 30' | 18' |
Principal Use and Accessory Buildings | Maximum Dwellings per Building | Maximum Floor Area per Floor | Maximum Building Length | Maximum Gross Density | Minimum Distance Between Buildings | Min. Distance Between Buildings and Accessory Uses |
|---|---|---|---|---|---|---|
Senior Apartment Building | 24 | 10,000 sf | 200' | 10 units per acre | 25' | 15' |
NP = Not Permitted. |
(1) – Or 2 stories, whichever is less. |
(2) – Properties must also meet standards for particular accessory buildings, structures and uses, including but not limited to solar facilities and residential sheds, in Chapter 16. |
E.
Additional Regulations.
1.
The establishment of an organization for the ownership and maintenance of all common elements shall be required where no rental units are proposed, the form and substance of which shall be approved by the Board with the advice of the Board Attorney.
2.
Each dwelling unit shall have at least one exterior exposure with at least one window.
3.
Exterior television reception shall be limited to one master antenna for the entire development.
4.
Air-conditioning units in windows or through exterior walls shall not extend more than 6 inches from the exterior surface.
5.
A swimming pool and/or recreation complex for the use of all residents shall be permitted in a suitable location a minimum of 25 feet from any dwelling. Such complexes shall be sited so as to minimize adverse effects from noise, lighting, and entrances.
6.
Fences, walls and landscaping shall be used to screen mechanical equipment.
7.
A comprehensive pedestrian system linking common amenities to each garden apartment building shall be established with a minimum width of 8 feet.
8.
A minimum of 20 percent of all residential units constructed pursuant to the Senior Citizen Residential District shall be affordable to households of low and moderate income pursuant to the applicable terms of the Ordinance.
[Ord. No. 2012-01; Ord. No. 2012-10; Ord. No. 2014-6; amended 2-26-2018 by Ord. No. 2018-1; 5-26-2020 by Ord. No. 2020-7; 7-12-2021 by Ord. No. 2021-14; 4-11-2022 by Ord. No. 2022-3; 3-13-2023 by Ord. No. 2023-04; 9-11-2023 by Ord. No. 2023-23; amended 10-14-2025 by Ord. No. 2025-21]
A.
Purpose. The purpose of the Transition Commercial (TC) District is to provide areas for more intensive commercial uses which are not appropriate for, or which require larger lots than is typical for, the Borough's downtown commercial and mixed use districts. The Borough encourages lot consolidation in order to better host the more intense uses permitted in the District. Retail sales and service uses are desirable on larger tracts of land that offer different opportunities and character than that of the downtown, as well as to further incentivize lot consolidation.
B.
Permitted principal uses. In the Transition Commercial Zone, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except as herein described. The following establishments or uses shall be permitted:
1.
Offices.
2.
Medical office.
3.
Childcare.
4.
Indoor and outdoor recreation.
5.
Theaters.
6.
Higher education and training.
7.
Community buildings.
8.
Club facilities.
9.
Animal hospital.
10.
Funeral homes.
11.
Research facilities.
12.
Health and fitness facilities.
13.
Learning center.
14.
Artisan manufacturing.
15.
Residential uses existing as of the date of adoption of this ordinance which may be expanded or enlarged without the need for a use variance. Any such expansion/enlargement should, however, be compliant with any applicable bulk or other requirements.
16.
Any combination of one or more permitted, conditional, or accessory uses.
C.
Accessory uses permitted. Any of the following uses may be permitted when used in conjunction with a permitted principal use:
1.
Any use which is customary and incidental to the principal use.
2.
Off-street parking.
3.
Fences and walls.
5.
Storage and maintenance buildings.
6.
Solar facilities.
7.
Community gardening.
8.
Activities such as but not limited to parties, "pop up" events, art installations, performances, sales, services, and classes related to activities of or promotions for a permitted or conditional use. Said events shall be subordinate to the principal use and may be temporary/intermittent or may be a regular occurrence. Any such event shall be subject to applicable standards of the Borough Code, including but not limited to, Chapter 8 Fire Prevention Code.
D.
Conditional uses permitted. The following uses may be permitted when authorized as a conditional use by the Planning Board.
1.
Structured parking meeting the following criteria:
a.
Along a public street frontage, the first floor of the parking structure shall be occupied by a permitted use or use otherwise approved by the Planning Board, except that an access driveway with a maximum width of 40 feet shall be permitted along the public street frontage.
b.
Where the structured parking does not have frontage along a public street, the parking shall be screened by structural elements that are compatible with the materials and design of the building facades.
2.
Cannabis Retailer, Medical Cannabis Dispensary or Alternative Treatment Center meeting the following criteria:
a.
No certificate of occupancy or other business license for a Cannabis Retailer to operate within the Borough shall be granted or renewed without such evidence as may be required by the Borough Clerk's office to determine that the operator maintains all valid State of New Jersey licenses and approvals, and that all such licenses and/or approvals remain in good standing.
b.
Cannabis Retailers shall comply with the Recreational Cannabis Act and all regulations promulgated by the New Jersey Cannabis Regulatory Commission. Medical Dispensaries and Alternative Treatment Centers shall comply with CUMA and all regulations promulgated by the New Jersey Cannabis Regulatory Commission.
c.
Only one Cannabis Retailer shall be permitted to locate within the Transition Commercial District. However, in no event shall more than two Cannabis Retailers be permitted to locate within the Borough. This limitation is inclusive of Medical Cannabis Dispensary or Alternative Treatment Centers.
d.
Site Plan Approval and Conditional Use Approval by the Planning Board shall be required, with notice of any public hearing provided in accordance with N.J.S.A. 40:55D-12.
e.
Maximum permitted hours of operation shall be between 9:00 a.m. and 9:00 p.m.
f.
Use or consumption of marijuana or cannabis in any manner shall not be permitted within the Cannabis Retailer's facility, whether in the building or on its grounds or parking lots. Cannabis Consumption Areas are not permitted.
g.
Drive thru facilities are not permitted.
h.
Primary access shall be from a State or County roadway.
4.
Multifamily residential development meeting the following criteria:
a.
Shall contain frontage on State Highway Route 12 or South Main Street.
b.
Minimum lot size: one acre.
c.
Minimum lot width: 200 feet.
d.
The development shall be mixed-use, containing residential and non-residential uses.
e.
First floor residential floor area shall not occupy the portion of any building that has frontage along a public street, with the exception of a building entrance. First floor residential uses may be located at the rear of a building, provided first floor nonresidential uses in the building are located along the public street.
f.
Residential units that do not face a public street may be located on the first floor.
g.
Residential use floor area limitations:
(1)
Residential uses which are accessory to a principal non-residential use include onsite housing units reserved for people employed by or students of the principal non-residential use, and shall not be for general rental purposes. Units shall not be rented to households that are not employed by or students of the non-residential use.
(2)
The maximum percent of total building area that may be residential uses where said residential uses are accessory to the non-residential use: 30%.
(3)
The maximum percent of total building area that may be residential uses where said residential uses are not accessory to the non-residential use: 20%.
(4)
The floor area calculation herein shall include principal and accessory uses.
(5)
Structured parking shall be exempt from the herein floor area calculations.
h.
Affordable housing is required is follows:
(1)
For residential uses not accessory to the non-residential use, the affordable housing set-aside shall be not less than 20%. Affordable housing units shall be developed in compliance with the Borough's affordable housing ordinance and the Uniform Housing Affordability Control Rules (N.J.A.C 5:80-21).
(2)
For residential uses accessory to a principal non-residential use, an affordable housing set-aside is not required.
5.
Hotels meeting the following criteria:
a.
Lot frontage shall be along and vehicle access shall be provided from Route 12.
E.
Area, yard, height and building coverage. Except as otherwise modified, the following bulk standards shall apply to all TC Districts:
Principal Use and Accessory Buildings | Min. Lot Area | Min. Lot Width | Min. Lot Depth | Min. Front Yard | Min. Side Yard | Min. Rear Yard | Max. Height | Max. Impervious Surface Ratio | Floor Area Ratio |
|---|---|---|---|---|---|---|---|---|---|
Properties less than 1 acre in size: Principal Uses Accessory building (2) | 20,000 square feet | 100' | 175' | 25' NP | 15' (1) 15' | 50' 30' | 35'\2.5 stories 18' | 0.70 Inclusive | 0.25 |
Properties 1 acre in size or greater: Principal Uses Accessory building (2) | 43,560 square feet | 200' | 175' | 25' NP | 15'(1) 15' | 50' 30' | 45'/3 stories | 0.70 Inclusive | 0.50 |
NP = Not Permitted. |
(1) - Minimum side yard shall increase to 35 feet where adjacent to a residential use. |
(2) - Properties must also meet standards for particular accessory buildings, structures and uses, including but not limited to solar facilities, in Chapter 26. |
[Amended Ord. No. 2012-01; 7-12-2021 by Ord. No. 2021-14; 4-11-2022 by Ord. No. 2022-3; 3-13-2023 by Ord. No. 2023-04; 10-14-2025 by Ord. No. 2025-21]
A.
Purpose. The purpose of the Community Business (CB) District is provide a mixed use zone combining a number of different residential housing types, retail sales and services limited to the everyday needs of residents and small scale office uses. This district is located at the southern end of the Borough around the Route 12 traffic circle where it functions as Flemington's southern gateway.
B.
Permitted Principal Uses. In the Community Business Zone, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except as herein described. Commercial uses shall be defined in accordance with their SIC Code number where shown with a number in parentheses (thus). The following establishments or uses shall be permitted:
1.
Single family detached dwelling.
2.
Two-family dwelling.
3.
Plumbing, heating and air-conditioning contracting (1711).
4.
Painting and paperhanging contracting (172).
5.
Electrical contracting (173).
6.
Meat and fish markets, including frozen food purveyors (542).
7.
Fruit and vegetable market (543).
8.
Candy, nut and confectionery store (544).
9.
Dairy products sales (545).
10.
Retail bakery (546).
11.
Grocery stores (541) and other food stores (549).
12.
Apparel and accessories store (56).
13.
Drug and proprietary stores (591).
14.
Opticians and optical goods (5995).
15.
Art and drafting supply, gallery, auction room, antique store, cosmetics, pets and pet supply store, picture framing, philatelist shop, awning shop, and other miscellaneous retail uses (5999).
16.
Garment pressing (7212).
17.
Coin operated laundries (7215).
18.
Offices for finance, insurance, and real estate services (60-65, 67).
19.
Dry cleaning plant excepting rug cleaning (7216), laundry services excluding coin-operated services (7219).
20.
Photographic and portrait studio (7221).
21.
Beauty (7231) and barber (7241) shops.
22.
Shoe repair and shoeshine services (7251).
23.
Tax return preparation (7291), babysitting bureaus, bartering services, buyer's clubs, clothing and costume rental excluding industrial laundering and linen supply, vending machine operators, dating service, debt and diet counseling, hair replacement or removal, tanning salon, shopping services for individuals, locksmith, and other similar personal services (7299).
24.
Advertising, credit reporting, reproduction, computer programming, data processing, building services, and similar business services (73).
25.
Engineering, surveying, architectural, accounting, auditing, bookkeeping, research and development, management, public relations and similar services (87).
26.
Legal services (8111).
27.
Medical and dental offices (801, 802, 803, 804).
28.
Municipal use.
29.
Miscellaneous repair (762-764).
30.
Dance studios (791).
31.
Optical goods stores (5995)
32.
Commercial printing (275).
33.
Farmer's market.
34.
Commercial agriculture.
C.
Accessory Uses Permitted. Any of the following uses may be permitted when used in conjunction with a permitted principal use:
2.
Outdoor display.
3.
Off-street parking.
6.
Storage and maintenance buildings.
7.
Solar facilities.
8.
Shelters and fenced enclosures for the keeping of animals on residential lots.
9.
Community gardening.
10.
Activities such as but not limited to parties, "pop up" events, art installations, performances, sales, services, and classes related to activities of or promotions for a permitted or conditional use. Said events shall be subordinate to the principal use and may be temporary/intermittent or may be a regular occurrence. Any such event shall be subject to applicable standards of the Borough Code, including but not limited to, Chapter 8 Fire Prevention Code.
11.
Any use which is customary and incidental to the principal use.
D.
Conditional Uses Permitted. The following uses may be permitted when authorized as a conditional use by the Planning Board:
1.
Conversion of single family detached or two-family dwelling to a bank, credit union, savings and loan association, or other retail financial service; or, office use meeting the following criteria:
2.
Bank, credit union, savings and loan association, or other retail financial service meeting the following criteria:
3.
Cannabis Cultivator and Medical Cannabis Cultivator meeting the following criteria:
a.
No certificate of occupancy or other business license for a Cannabis Cultivator to operate within the Borough shall be granted or renewed without such evidence as may be required by the Borough Clerk's office to determine that the operator maintains all valid State of New Jersey licenses and approvals, and that all such licenses and/or approvals remain in good standing.
b.
Cannabis Cultivators shall comply with the Recreational Cannabis Act and all regulations promulgated by the New Jersey Cannabis Regulatory Commission. Medical Cannabis Cultivators shall comply with the CUMA and all regulations promulgated by the New Jersey Cannabis Regulatory Commission.
c.
Only one Cannabis Cultivator shall be permitted to locate within the Community Business District. However, in no event shall more than two Cannabis Cultivators be permitted to locate within the Borough. This limitation is inclusive of Medical Cannabis Cultivators.
d.
Site Plan Approval and Conditional Use Approval by the Planning Board shall be required, with notice of any public hearing provided in accordance with N.J.S.A. 40:55D-12.
e.
No Cannabis Cultivator or Medical Cannabis Cultivator shall be permitted to operate within 200 feet of any exclusively single-family residential zoning district of the Borough (i.e. the Single Family Residential (SF) District, Transition Residential (TR) District, or Townhouse Residential (TR) District) or an exclusively single-family residential zoning district of any adjacent municipality.
f.
Primary access shall be from a State or County roadway.
4.
Structured parking meeting the following criteria:
a.
Along a public street frontage, the first floor of the parking structure shall be occupied by a permitted use or use otherwise approved by the Planning Board, except that an access driveway with a maximum width of 40 feet shall be permitted along the public street frontage.
b.
Where the structured parking does not have frontage along a public street, the parking shall be screened by structural elements that are compatible with the materials and design of the building facades.
E.
Area, Yard, Height and Building Coverage. Except as otherwise modified, the following bulk standards shall apply to all CB Districts:
Principal Use and Accessory Buildings | Min. Lot Area | Min. Lot Width | Min. Lot Depth | Min. Front Yard | Min. Side Yard | Min. Rear Yard | Max. Height | Max. Imperv. Surface Ratio | Floor Area Ratio |
|---|---|---|---|---|---|---|---|---|---|
Single Family Detached | 4,000 sf | 40' | 90' | 25' | 8' | 25' | 35'(1) | .60 | N/A |
Accessory Building(3) | NP | 5' | 5' | 18' | |||||
Two Family Dwelling | 2,500 sf/ dwelling | 75' | 90' | 25' | 7'(2) | 25' | 35'(1) | .70 | N/A |
Accessory Building(3) | NP | 5' | 5' | 18' | |||||
Commercial Use | 4,000 sf | 40' | 100' | 25' | 10'(2) | 30' | 35'(1) | .75 | .20 |
Accessory Building(3) | NP | 15' | 30' | 18' | |||||
Municipal | 2,000 sf | 20' | 50' | 5' | 5' | 5' | 35' | .75 | .25 |
NP = Not Permitted. |
(1) – Or 2 1/2 stories, whichever is less. |
(2) – Minimum side yard shall increase to 15 feet where adjacent to a residential use. |
(3) – Properties must also meet standards for particular accessory buildings, structures and uses, including but not limited to solar facilities, in Chapter 26. [Ord. 2012-01] |
F.
Additional Regulations for Commercial Uses.
1.
Maximum building size shall not exceed 5,000 square feet or 3,000 square feet on any one level. An existing building shall not be demolished in order to utilize this provision.
2.
Outdoor Display. Outdoor displays shall conform to the following requirements:
a.
All displays shall allow at least 8 feet of passage between the display and the curb.
b.
All displays shall allow at least 6 feet of unobstructed access to building entrances and exits.
c.
No display shall be located in front of any driveway, parking lot entrance, alley, or other vehicular thoroughfare nor impede adequate sight distance for motorists.
d.
Displays may only be located adjacent to or in front of the building in which the business displaying wares is located.
e.
Displays shall not extend more than 4 feet from the facade of the building.
f.
The only merchandise which may be displayed is the merchandise sold by the business.
g.
No display may exceed 6 feet in height.
h.
Displays shall be maintained in an orderly fashion and shall not create a hazard.
i.
Displays may only be shown during daylight hours and when the business is otherwise open to the public.
j.
The location of each display area shall first be reviewed and approved by the Zoning Officer for conformance with the provisions of this section. Upon satisfactory review, a zoning permit or other suitable document shall be issued by the Zoning Officer for the display area.
k.
Nothing herein shall be construed to authorize outdoor displays for uses prohibited by the landowner or by this Ordinance or other rule or regulation.
[Amended Ord. No. 2012-01; Ord. No. 2012-15; Ord. No. 2014-4; Ord. No. 2015-19 § 2; 5-26-2020 by Ord. No. 2020-7; 7-12-2021 by Ord. No. 2021-14; 4-11-2022 by Ord. No. 2022-3; 3-13-2023 by Ord. No. 2023-04; 10-14-2025 by Ord. No. 2025-21; 11-10-2025 by Ord. No. 2025-29]
A.
Purpose. The purpose of the Downtown Business (DB) District is to provide an active, mixed-use and inviting destination in the heart of the Borough that is walkable and reflective of the Borough's historic character. This area offers a contrast from the car-oriented commercial corridors predominantly found at the periphery of the Borough and in the region. The DB District is located in the central core of the Borough, along Main Street, encapsulating much of the Borough's historic downtown.
B.
Permitted Principal Uses. In the Downtown Business Zone, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except as herein described. Commercial uses shall be defined in accordance with their SIC Code number where shown with a number in parentheses (thus). The following establishments or uses shall be permitted:
1.
Retail Sales.
2.
Retail Services.
3.
Restaurants.
4.
Artisan studios.
5.
Breweries.
6.
Indoor recreation.
7.
Health and fitness facilities.
8.
Higher education and training.
9.
Learning centers.
10.
Theaters.
11.
Museums.
12.
Dwellings on floors not including the first floor.
13.
Offices.
14.
Medical offices.
17.
Municipal Uses.
18.
Club facilities.
19.
Any combination of one or more permitted, conditional, or accessory uses. This shall exclude single-family detached homes from being combined with other permitted or conditional uses.
C.
Accessory Uses Permitted. Any of the following uses may be permitted when used in conjunction with a permitted principal use:
1.
Uses which are customary and incidental to the principal permitted use(s) on the property.
2.
Outdoor display.
3.
Off-street parking.
4.
Fences and walls.
6.
Storage and maintenance buildings.
7.
Solar facilities.
8.
Community gardening.
9.
Activities such as but not limited to parties, "pop up" events, art installations, performances, sales, services, and classes related to activities of or promotions for a permitted or conditional use. Said events shall be subordinate to the principal use and may be temporary/intermittent or may be a regular occurrence. Any such event shall be subject to applicable standards of the Borough Code, including but not limited to, Chapter 8, Fire Prevention Code.
D.
Conditional Uses Permitted. The following uses may be permitted when authorized as a conditional use by the Planning Board:
1.
Bed and breakfast accommodation conforming to the following criteria:
a.
No more than 6 guest rooms or suites shall be permitted.
b.
No expansion of the existing dwelling shall be permitted.
c.
Off-street parking equal to one for each guest room or suite shall be required. Off-street parking may be accommodated off-site provided that the location is within 600 feet of the subject site and an adequate guaranty subject to the approval of the Board Attorney that establishes a right to the use of the off-tract parking is secured.
d.
No parking shall be permitted in the front yard.
e.
Only guests of the facility and their invitees shall be served food and drink on the premises.
f.
No cooking facilities shall be permitted in guest rooms or suites.
g.
There shall be a maximum residency limitation on all guests of 30 days.
2.
Public and private non-profit day school meeting the following criteria:
a.
The minimum lot size shall be 3 acres.
b.
The minimum lot frontage shall be 150 feet.
c.
No building shall be located within 50 feet of a lot line.
d.
Parking lots shall be properly screened and shall be a minimum of 25 feet from surrounding properties and public roads.
e.
Outdoor athletic fields shall be oriented to minimize adverse impacts on neighboring residential uses from noise, lighting, and entrances.
3.
Structured parking meeting the following criteria:
a.
Along a public street frontage, the first floor of the parking structure shall be occupied by a permitted use or use otherwise approved by the Planning Board, except that an access driveway with a maximum width of 40 feet shall be permitted along the public street frontage.
b.
Where the structural parking does not have frontage along a public street, the parking shall be screened by structural elements that are compatible with the materials and design of the building facades.
4.
5.
Any other area, yard, height, and building coverage requirement not herein modified shall apply to any conditional use.
E.
Area, Yard, Height and Building Coverage. Except as otherwise modified, the following bulk standards shall apply to all DB Districts:
Principal Use and Accessory Buildings | Min. Lot Area | Min. Lot Width | Min. Lot Depth | Front Yard | Min. Side Yard | Min. Rear Yard | Max. Height | Max. Imperv. Surface Ratio |
|---|---|---|---|---|---|---|---|---|
Non-Municipal Use | 7,000 sf | 45' | 100' | Minimum: 25'(1) Maximum: 30' | 0' | 20'(4) | 40'(2) | .75 |
Accessory Buildings(3) | NP | 15' | 30' | 18' | ||||
Municipal | 2,000 sf | 20' | 50' | 5' | 5' | 5' | 45' | .80 |
NP = Not Permitted. |
(1) – The front yard depth may be reduced to the average of the setbacks from the streetline of existing buildings on both sides of the subject building. In the event an adjacent lot is vacant, the calculation shall exclude the lot. The calculation of average setback shall utilize buildings on the same side of the street as the subject property, and shall utilize buildings on the same block that are within 200 feet of the subject property. |
(2) – Or 3 stories, whichever is less. |
(3) – Properties must also meet standards for particular accessory buildings, structures and uses, including but not limited to solar facilities, in Chapter 26. |
(4) – Buildings, or portions thereof, shall not exceed a height of 35' within 50 feet of a property line shared with a permitted single-family detached or two-family dwelling this excludes apartments on the second and upper floors of principal structures and dwellings located across the street). |
F.
Additional Regulations for Retail and Service Uses.
1.
All equipment stored on the site shall be placed within an enclosed building. This shall not apply to mechanical equipment or building system equipment.
2.
Parking shall not be located between a building and the public street.
3.
Outdoor Display. Outdoor displays shall conform to the following requirements:
a.
The location of each display area shall first be reviewed and approved by the Zoning Officer for conformance with the provisions of this section. Upon satisfactory review, a zoning permit or other suitable document shall be issued by the Zoning Officer for the display area.
b.
All displays shall allow at least 5 feet of passage between the display and the curb.
c.
All displays shall allow at least 6 feet of unobstructed access to building entrances and exits.
d.
No display shall be located in front of any driveway, parking lot entrance, alley, or other vehicular thoroughfare nor impede adequate sight distance for motorists.
e.
Displays may only be located adjacent to or in front of the building in which the business displaying wares is located.
f.
Displays shall not extend more than 4 feet from the facade of the building.
g.
The only merchandise which may be displayed is the merchandise sold by the business.
h.
No display may exceed 6 feet in height.
i.
Displays shall be maintained in an orderly fashion and shall not create a hazard.
j.
Displays may only be shown during daylight hours and when the business is otherwise open to the public.
k.
Nothing herein shall be construed to authorize outdoor displays for uses prohibited by the landowner or by this Ordinance or other rule or regulation.
4.
There shall be no retail sales activities open to the public for the purpose of selling any goods or services in any basement, cellar, or attic, provided that nothing in this section shall be construed to prohibit the use of such areas for storage or the basement or cellar for public restrooms.
5.
There shall be no drive-in or drive-thru facilities allowed for any purpose.
[Amended Ord. No. 2012-01; Ord. No. 2012-15; Ord. No. 2014-7; Ord. No. 2015-19 § 24-11-2022 by Ord. No. 2022-3; 3-13-2023 by Ord. No. 2023-04; 10-14-2025 by Ord. No. 2025-21]
A.
The purpose of the Downtown Business II (DBII) District is to provide a mixed-use and inviting district that acts as a transitional area between the more active areas of the historic downtown commercial core found in DB District and the arts and culture-oriented environment found in the VAS District, as well as residential neighborhoods. The DB II District runs along Mine and Church Streets and is characterized by larger front and side yard setbacks, and more residential dwellings than the DB District, creating a seamless land use transition to lower density areas in the Borough.
B.
Permitted Principal Uses. In the Downtown Business II Zone, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except as herein described. The following establishments or uses shall be permitted:
1.
Retail Sales.
2.
Retail services.
3.
Artisan studios.
4.
Health and fitness facilities.
5.
Higher education and training.
6.
Learning center.
7.
Museums.
8.
Apartment(s) on second and upper floors of principal structures.
9.
Offices.
10.
Medical offices.
12.
Municipal Uses.
13.
Any combination of one or more permitted, conditional, or accessory uses. This shall exclude single- family detached homes from being combined with other permitted or conditional uses.
C.
Accessory Uses Permitted. Any of the following uses may be permitted when used in conjunction with a permitted principal use:
2.
Outdoor display.
3.
Off-street parking.
6.
Storage and maintenance buildings.
7.
Solar facilities.
8.
Community gardening.
9.
Uses which are customary and incidental to the principal permitted use(s) on the property.
10.
Activities such as but not limited to parties, "pop up" events, art installations, performances, sales, services, and classes related to activities of or promotions for a permitted or conditional use. Said events shall be subordinate to the principal use and may be temporary/intermittent or may be a regular occurrence. Any such event shall be subject to applicable standards of the Borough Code, including but not limited to, Chapter 8, Fire Prevention Code.
D.
Conditional Uses Permitted. The following uses may be permitted when authorized as a conditional use by the Planning Board:
1.
Bed and breakfast accommodation conforming to the following criteria:
a.
No more than 6 guest rooms or suites shall be permitted.
b.
No expansion of the existing dwelling shall be permitted.
c.
Off-street parking equal to one for each guest room or suite shall be required. Off-street parking may be accommodated off-site provided that the location is within 600 feet of the subject site and an adequate guaranty subject to the approval of the Board Attorney that establishes a right to the use of the off-tract parking is secured.
d.
No parking shall be permitted in the front yard.
e.
Only guests of the facility and their invitees shall be served food and drink on the premises.
f.
No cooking facilities shall be permitted in guest rooms or suites.
g.
There shall be a maximum residency limitation on all guests of 30 days.
2.
Public and private nonprofit day school meeting the following criteria:
a.
The minimum lot size shall be 3 acres.
b.
The minimum lot frontage shall be 150 feet.
c.
No building shall be located within 50 feet of a lot line.
d.
Parking lots shall be properly screened and shall be a minimum of 25 feet from surrounding properties and public roads.
e.
Outdoor athletic fields shall be oriented to minimize adverse impacts on neighboring residential uses from noise, lighting, and entrances.
3.
Structured parking meeting the following criteria:
a.
Along a public street frontage, the first floor of the parking structure shall be occupied by a permitted use or use otherwise approved by the Planning Board, except that an access driveway with a maximum width of 40 feet shall be permitted along the public street frontage.
b.
Where the structured parking does not have frontage along a public street, the parking shall be screened by structural elements that are compatible with the materials and design of the building facades.
4.
Any other area, yard, height, and building coverage requirement not herein modified shall apply to any conditional use. Restaurants, breweries, indoor recreation, and artisan manufacturing:
a.
The lot in which the use is located shall not be adjacent to a single family or two-family lot in the SF Single Family or TR Transition Residential Districts. This shall not apply to second and upper story apartments or homes located across the street.
5.
Dwellings located on the first floor. [4]
a.
The portion of the first floor of the building in which the use is located does not face a public street with the exception that it may include an entrance and associated area that does not exceed eight feet in width.
[4]
Editor's Note: Former Subsection D5, regarding cannabis retailers, medical cannabis dispensaries, alternative treatment centers and cannabis cultivators, was repealed 3-13-2023 by Ord. No. 2023-04. Prior history includes Ord. No. 2021-14.
E.
Area, Yard, Height and Building Coverage. Except as otherwise modified, the following bulk standards shall apply to all DB II Districts:
Principal Use and Accessory Buildings | Min. Lot Area | Min. Lot Width | Min. Lot Depth | Front Yard | Min. Side Yard | Min. Rear Yard | Max. Height | Max. Imperv. Surface Ratio |
|---|---|---|---|---|---|---|---|---|
Non-Municipal Use | 7,000 sf | 45' | 100' | Min: 25'(1) Max: 30' | 0' | 50' | 40'(2) | .75 |
Accessory Buildings(3) | NP | 15' | 30' | 18' | ||||
Municipal | 2,000 sf | 20' | 50' | 5' | 5' | 5' | 45' | .8 |
NP = Not Permitted. |
(1) – The front yard depth may be reduced to the average of the setbacks from the streetline of existing buildings on both sides of the subject building. In the event an adjacent lot is vacant, the calculation shall exclude the lot. The calculation of average setback shall utilize buildings on the same side of the street as the subject property, and shall utilize buildings on the same block that are within 200 feet of the subject property. |
(2) – Or 3 stories, whichever is less. |
(3) – Properties must also meet standards for particular accessory buildings, structures and uses, including but not limited to solar facilities, in Chapter 26. |
F.
Additional Regulations for Retail and Service Uses.
1.
All equipment stored on the site shall be placed within an enclosed building. This shall not apply to mechanical equipment or building system equipment.
3.
Outdoor Display. Outdoor displays shall conform to the following requirements:
a.
The location of each display area shall first be reviewed and approved by the Zoning Officer for conformance with the provisions of this section. Upon satisfactory review, a zoning permit or other suitable document shall be issued by the Zoning Officer for the display area.
b.
All displays shall allow at least 5 feet of passage between the display and the curb.
c.
All displays shall allow at least 6 feet of unobstructed access to building entrances and exits.
d.
No display shall be located in front of any driveway, parking lot entrance, alley, or other vehicular thoroughfare nor impede adequate sight distance for motorists.
e.
Displays may only be located adjacent to or in front of the building in which the business displaying wares is located.
f.
Displays shall not extend more than 4 feet from the facade of the building.
g.
The only merchandise which may be displayed is the merchandise sold by the business.
h.
No display may exceed 6 feet in height.
i.
Displays shall be maintained in an orderly fashion and shall not create a hazard.
j.
Displays may only be shown during daylight hours and when the business is otherwise open to the public.
k.
Nothing herein shall be construed to authorize outdoor displays for uses prohibited by the landowner or by this ordinance or other rule or regulation.
4.
There shall be no retail sales activities open to the public for the purpose of selling any goods or services in any basement, cellar, or attic, provided that nothing in this section shall be construed to prohibit the use of such areas for storage or the basement or cellar for public restrooms.
5.
There shall be no drive-in or drive-thru facilities allowed for any purpose.
[Former § 2622, Professional Office (PO) District, was repealed 9-23-2024 by Ord. No. 2024-19. Prior history includes: Ord. No. 2012-017-12-2021 by Ord. No. 2021-14; 4-11-2022 by Ord. No. 2022-3; 3-13-2023 by Ord. No. 2023-04]
[Ord. No. 2011-10; Ord. No. 2011-17; Ord. No. 2012-01; Ord. No. 2012-15; Ord. No. 2014-5; Ord. No. 2018-8; Ord. No. 2020-7; Ord. No. 2021-14; Ord. No. 2022-3; Ord. No. 2023-04; amended 9-11-2023 by Ord. No. 2023-24; 10-14-2025 by Ord. No. 2025-21]
A.
Purpose. The purpose of the Village Artisan Shopping (VAS) District is to include destination-oriented retail and art-oriented uses that are not found in or that complement the Borough's downtown, including artisan manufacturing, entertainment uses, and farmer's markets. This district is primarily oriented towards Stangl Road, Fulper Road, and Central Station, and is designed to encourage walking from store to store once the destination has been reached. It contrasts with the more historic character of the Downtown Business district and the more highway oriented shopping in the Highway Retail zone
B.
Permitted principal uses. In the Village Artisan Shopping Zone, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except as herein described. The following establishments or uses shall be permitted:
1.
Retail sales.
2.
Indoor/Outdoor recreation.
3.
Childcare.
4.
Higher education and training.
5.
Artisan manufacturing.
6.
Artisan studios.
7.
Farmer's market.
8.
Municipal use.
9.
Commercial agriculture.
10.
Theater.
11.
Retail services.
12.
Restaurants.
13.
Breweries.
14.
Museums.
15.
Learning centers.
16.
Health and fitness facilities on second and upper stories.
17.
Office and medical office on second and upper stories.
18.
Banquet hall.
19.
Any combination of one or more permitted, conditional, or accessory uses.
C.
Accessory uses permitted. Any of the following uses may be permitted when used in conjunction with a permitted principal use:
1.
Any use which is customary and incidental to the principal use.
2.
Outdoor Display.
3.
Off-street parking.
4.
Fences and Walls.
6.
Storage and maintenance buildings.
7.
Kiosks.
8.
Solar facilities.
9.
Community gardening.
10.
Activities such as but not limited to parties, "pop up" events, art installations, performances, sales, services, and classes related to activities of or promotions for a permitted or conditional use. Said events shall be subordinate to the principal use and may be temporary/intermittent or may be a regular occurrence. Any such event shall be subject to applicable standards of the Borough Code, including, but not limited to, Chapter 8, Fire Prevention Code.
11.
Any use which is customary and incidental to the principal use.
D.
Conditional Uses Permitted. The following uses may be permitted when authorized as a conditional use by the Planning Board.
1.
Health and fitness facilities, office and medical office located on the first floor.
a.
Lot frontage shall be along and vehicle access shall be provided from Route 12, or the portion of the first floor of the building in which the use is located does not face a public or private street with the exception that it may include an entrance and associated area that does not exceed eight feet in width.
b.
Properties shall front on Route 12 with direct access to the State highway or the use shall only be located on the upper stories, with the exception of the building entrance.
c.
Corporate offices may be permitted only if they constitute at least 7,500 square feet of an existing building.
d.
Corporate offices include companies who are engaged in business, service, education, industry or finance, including professions such as accounting, law or medicine or related fields. Such offices may include ancillary services for office workers such as a restaurant, coffee shop or newspaper stand.
e.
Floor area ratio shall not exceed 0.25.
f.
Minimum lot area shall be 40,000 square feet.
2.
Structured parking meeting the following criteria:
a.
Along a public street frontage, the first floor of the parking structure shall be occupied by a permitted use or use otherwise approved by the Planning Board, except that an access driveway with a maximum width of 40 feet shall be permitted along the public street frontage.
b.
Where the structured parking does not have frontage along a public street, the parking shall be screened by structural elements that are compatible with the materials and design of the building facades.
3.
Residential dwellings, including live-work units.
a.
Residential units (or living space in the case of live-work units) that face a public street shall be located on the upper stories, with the exception of the building entrance.
b.
Residential units (or living space in the case of live-work units) that do not face a public street may be located on the first floor.
E.
Area, yard, height and building coverage. Except as otherwise modified, the following bulk standards shall apply to the VAS District.
Principal Use and Accessory Buildings | Min. Lot Area | Min. Lot Width | Min. Lot Depth | Front Yard | Min. Side Yard | Min. Rear Yard | Max. Height | Max. Impervious Surface Ratio |
|---|---|---|---|---|---|---|---|---|
Non-Municipal Use | 0.75 acre | 100' | 200' | Min: 35'(3) Max: 40' | 15' | 50' | 40' (1) | 0.82 |
Accessory building (2) | NP | 15' | 30' | 18' | ||||
Municipal use | 2,000 | 20' | 50' | 5' | 5' | 5' | 40(1) | 0.82 |
NP = Not Permitted. |
(1) - Not more than 30% of the rooflines on the property shall be more than two stories. |
(2) - Properties must also meet standards for particular accessory buildings, structures and uses, including but not limited to solar facilities, in Chapter 26. |
(3) - The front yard depth may be reduced to the average of the setbacks from the street line of existing buildings on both sides of the subject building. In the event an adjacent lot is vacant, the calculation shall exclude the lot. The calculation of average setback shall utilize buildings on the same side of the street as the subject property, and shall utilize buildings on the same block that are within 200 feet of the subject property. |
F.
Outdoor storage and display. All equipment stored on the site shall be placed within an enclosed building.
1.
Outdoor display. Outdoor displays shall conform to the following requirements:
a.
The location of each display area shall first be reviewed and approved by the Zoning Officer for conformance with the provisions of this section. Upon satisfactory review, a zoning permit or other suitable document shall be issued by the Zoning Officer for the display area.
b.
All displays shall allow at least five feet of passage between the display and the curb.
c.
All displays shall allow at least six feet of unobstructed access to building entrances and exits.
d.
No display shall be located in front of any driveway, parking lot entrance, alley, or other vehicular thoroughfare nor impede adequate sight distance for motorists.
e.
Displays may only be located adjacent to or in front of the building in which the business displaying wares is located.
f.
Displays shall not extend more than four feet from the facade of the building.
g.
The only merchandise which may be displayed is the merchandise sold by the business.
h.
No display may exceed six feet in height.
i.
Displays shall be maintained in an orderly fashion and shall not create a hazard.
j.
Displays may only be shown during daylight hours and when the business is otherwise open to the public.
k.
Nothing herein shall be construed to authorize outdoor displays for uses prohibited by the landowner or by this Ordinance or other rule or regulation.
2.
There shall be no retail sales activities open to the public for the purpose of selling any goods or services in any basement, cellar, or attic, provided that nothing in this section shall be construed to prohibit the use of such areas for storage or the basement or cellar for public restrooms.
G.
Additional standards.
1.
Building entrances shall be oriented toward the street. On corner properties the building entrance shall be oriented on the site's primary frontage.
2.
Parking shall not be located between the building and the street, except for parking existing as of the date of this ordinance on Stangl Road.
3.
Architectural detail and variety for new development is strongly encouraged. This may include but not be limited to a variety in rooflines, materials, and finishes. Architectural elements should be contextual, relating to the character of the area and the overall historic character of the Borough.
H.
Incentives for gathering spaces.
[Ord. No. 2012-01; amended 7-12-2021 by Ord. No. 2021-14; 4-11-2022 by Ord. No. 2022-3; 3-13-2023 by Ord. No. 2023-04; 4-14-2025 by Ord. No. 2025-09; 10-14-2025 by Ord. No. 2025-21]
A.
Purpose. The purpose of the Highway Retail (HR) District is to encompass existing highway oriented retail development concentrated around Rt. 31 and Rt. 202. This district contrasts with the more pedestrian- and destination-oriented shopping of the Downtown Business and Village Shopping Zones. The district is also intended to include more intensive office uses than permitted by the Professional Office Zone.
B.
Permitted Principal Uses. In the Highway Retail Zone, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except as herein described. Commercial uses shall be defined in accordance with their SIC Code number where shown with a number in parentheses (thus). The following establishments or uses shall be permitted:
1.
Plumbing, heating and air conditioning contracting (1711), however, no outside storage is permitted.
2.
Paint, glass and wallpaper sales and service (523).
3.
Hardware store (525).
4.
Lawn and garden center (5261).
5.
Department stores (531).
6.
Variety store (533).
7.
General merchandise store (539).
8.
Grocery (541) and convenience (5411) stores.
9.
Meat and fish markets, including frozen food purveyors (542).
10.
Fruit and vegetable market (543).
11.
Candy, nut and confectionery store (544).
12.
Dairy products sales (545).
13.
Retail bakery (546).
14.
Other food stores (549).
15.
New car and automotive dealers (55), including sales of parts related to motor vehicles.
16.
Motor vehicle supplies and new parts (5013).
17.
Apparel and accessories store (56).
18.
Furniture and accessories store (57).
19.
Restaurants (581).
20.
Drug and proprietary stores (591).
21.
Liquor stores (592)
22.
Second hand shops (593).
23.
Jewelry, hobby, camera, gift, luggage, leather, dry goods, sewing, and similar shops (594).
24.
Opticians and optical goods (5995).
25.
Art and drafting supply, gallery, auction room, antique store, cosmetics, pets and pet supply store, picture framing, philatelist shop, awning shop, and other miscellaneous retail uses (5999).
26.
Offices for finance, insurance, and real estate services (60-65, 67).
27.
Dry cleaners and coin-operated laundry services (7219).
28.
Photographic and portrait studio (7221).
29.
Beauty (7231) and barber (7241) shops.
30.
Shoe repair and shoeshine services (7251).
31.
Funeral home and crematorium (7261).
32.
Tax return preparation (7291), babysitting bureaus, bartering services, buyer's clubs, clothing and costume rental excluding industrial laundering and linen supply, vending machine operators, dating service, debt and diet counseling, hair replacement or removal, tanning salon, shopping services for individuals, locksmith, and other similar personal services (7299).
33.
Advertising, credit reporting, reproduction, computer programming, data processing, building services, and similar business services (73).
34.
Engineering, surveying, architectural, accounting, auditing, bookkeeping, research and development, management, public relations and similar services (87).
35.
Legal services (8111).
36.
Repair of appliances, electronic equipment, watches and jewelry, furniture and upholstery, antiques including automobiles, optical goods, cameras, precision instruments, leather goods including luggage and tack, musical instruments including tuning, office equipment and similar repair services but not to include automobile repair (7699).
37.
Bowling alleys (793)
38.
Physical fitness centers (7991).
39.
Medical and dental offices (801, 802, 803, 804).
40.
Shopping centers incorporating any preceding use.
41.
Municipal use.
42.
Painting and paper hanging (172).
43.
Electrical work (173).
44.
Garment pressing & agents (7212).
45.
Coin operated laundries, etc. (7215).
46.
Miscellaneous repair (75).
47.
Dance studios (791).
48.
General contractors (15).
49.
Optical goods stores (5995).
50.
Senior citizens.
51.
Farmer's market.
52.
Commercial agriculture.
53.
Brewery.
C.
Accessory Uses Permitted. Any of the following uses may be permitted when used in conjunction with a permitted principal use:
1.
Off-street parking.
2.
Drive-thru and drive-in facilities.
3.
Fences and walls.
5.
Storage and maintenance buildings.
6.
Solar facilities.
7.
Community gardening.
8.
Activities such as but not limited to parties, "pop up" events, art installations, performances, sales, services, and classes related to activities of or promotions for a permitted or conditional use. Said events shall be subordinate to the principal use and may be temporary/intermittent or may be a regular occurrence. Any such event shall be subject to applicable standards of the Borough Code, including, but not limited to, Chapter 8, Fire Prevention Code.
9.
Any use which is customary and incidental to the principal use.
D.
Conditional Uses Permitted. The following uses may be permitted when authorized as a conditional use by the Planning Board:
1.
Service stations (5541) conforming to the following criteria:
a.
Service stations shall be permitted only 2 entrances and exits on one street frontage and 3 per lot.
b.
All equipment, work pits, storage areas and trash facilities other than gasoline filling pumps or air pumps shall be within a building or roofed structure.
c.
Fuel pumps and air pumps shall be no closer than 25 feet to any existing or future street line and 50 feet from a rear property line. Fuel pumps shall not be located closer than 25 feet from a side property line.
d.
All lubrication, repair or similar activities shall be performed in a fully enclosed building and no dismantled parts shall be displayed outside of an enclosed building.
e.
No junked motor vehicle or part thereof, or such vehicles incapable of normal operation upon the highway, shall be permitted on the premises of the repair garage, except as noted herein. A maximum of 11 vehicles shall be permitted to await repair or disposition at the repair garage, with no more than 3 inoperable vehicles permitted in an enclosed building and no more than 8 inoperable vehicles permitted outside the building. If more than 8 such vehicles on the property are awaiting repairs, they shall be enclosed in a fenced area, screened from view from adjacent properties and public streets.
f.
In addition to landscaping that is otherwise required pursuant to the provisions of this Ordinance, a minimum of 25 percent of the front yard shall consist of landscape screening of the building and front yard parking.
g.
No exterior display of motor vehicles, recreational vehicles, boats, other forms of transportation, or equipment for sale shall be permitted.
2.
Hotels and motels (701) subject to the following criteria:
a.
Any such use shall contain a minimum of at least 20 units of accommodation not including any on-site superintendent's living quarters. The minimum number of units of accommodation in any single building shall be 10.
b.
Each unit of accommodation shall contain a minimum floor area of 250 square feet. Ceilings shall be a minimum of 8 feet in height.
c.
There shall be a residency limitation on all guests of 30 days maximum. The residency limitation shall not apply to an employee living on the premises.
4.
Communication towers (4812) subject to the following criteria:
a.
The applicant shall first demonstrate that no other existing tower or structure may be used for the subject application. Such demonstration may include but not be limited to expert reports and responses to bona fide inquiries to existing tower owners concerning the availability of space.
b.
The height of the tower shall be the lowest feasible for the intended purpose.
c.
The free-standing tower shall be set back from any property line a minimum of 110 percent of the tower's height.
d.
Towers shall be of monopole construction if less than 250 feet in height.
e.
Any communications tower shall comply with the promulgated radiation emissions standards of the Federal Communications Commission.
f.
A landscape buffer visually impervious after 5 years of maturity shall be installed to screen the base of the tower, equipment building and parking. The minimum height of buffer materials shall be 6 feet at the time of installation.
g.
At least 2 and no more than 5 parking spaces for maintenance use shall be provided.
h.
Accessory buildings for communications/electronic equipment not exceeding 1,000 square feet in area nor one-story or 15 feet in height, whichever is less, shall be permitted.
i.
Any approval shall be so conditioned as to allow additional communications operators to lease space on the subject tower.
j.
To the extent feasible, communications towers shall be painted or disguised to minimize contrast with the natural environment.
k.
Notwithstanding any other provision to the contrary, no communications tower shall be located in an historic district as designated in the Historic Preservation Element of the Master Plan.
5.
All other parts of this Ordinance not modified herein shall apply.
6.
Cannabis Retailer, Medical Cannabis Dispensary or Alternative Treatment Center meeting the following criteria:
a.
No certificate of occupancy or other business license for a Cannabis Retailer, Medical Cannabis Dispensary or Alternative Treatment Center to operate within the Borough shall be granted or renewed without such evidence as may be required by the Borough Clerk's office to determine that the operator maintains all valid State of New Jersey licenses and approvals, and that all such licenses and/or approvals remain in good standing.
b.
Cannabis Retailers shall comply with the Recreational Cannabis Act and all regulations promulgated by the New Jersey Cannabis Regulatory Commission. Medical Cannabis Dispensaries and Alternative Treatment Centers shall comply with the CUMA and all regulations promulgated by the New Jersey Cannabis Regulatory Commission.
c.
Only two Cannabis Retailers shall be permitted to locate within the Highway Retail District. However, in no event shall more than two Cannabis Retailers be permitted to locate within the Borough. This limitation shall be inclusive of Medical Cannabis Dispensaries and Alternative Treatment Centers.
d.
Site Plan Approval and Conditional Use Approval by the Planning Board shall be required, with notice of any public hearing provided in accordance with N.J.S.A. 40:55D-12.
e.
Maximum permitted hours of operation shall be between 9:00 a.m. and 9:00 p.m.
f.
Cannabis Consumption Areas shall be permitted subject to the following conditions:
(1)
No Cannabis Retailer shall be permitted to operate a Consumption Area within 200 feet of any exclusively single-family residential zoning district of the Borough (i.e. the Single Family Residential (SF) District, Transition Residential (TR) District, or Townhouse Residential (TR) District) or an exclusively single-family residential zoning district of any adjacent municipality.
(2)
If cannabis will be consumed by smoking or vaping, the Cannabis Retailer must comply with the New Jersey Smoke-Free Air Act (N.J.S.A. 26:3D-55 et seq.) and associated regulations (N.J.A.C. 8:6-1.1 et seq.).
(3)
Only cannabis items purchased on-site at the Cannabis Retailer shall be consumed within the Consumption Area.
(4)
The Cannabis Retailer must possess a valid Consumption Area endorsement from the State of New Jersey pursuant to the Recreational Cannabis Act.
(5)
Each licensed Cannabis Retailer may operate only one Cannabis Consumption Area.
(6)
The Cannabis Consumption Area shall comply with the definition set forth in § 2601.1 and be either (a) an indoor, structurally enclosed area of the licensed Cannabis Retailer that is separate from the area in which retail sales of cannabis items occur or (b) an exterior structure on the same premises as the retailer, either separate from or connected to the retailer.
g.
Drive thru facilities are not permitted.
h.
Primary access shall be from a State or County roadway.
7.
Cannabis Cultivator and Medical Cannabis Cultivator meeting the following criteria:
a.
No certificate of occupancy or other business license for a Cannabis Cultivator or Medical Cannabis Cultivator to operate within the Borough shall be granted or renewed without such evidence as may be required by the Borough Clerk's office to determine that the operator maintains all valid State of New Jersey licenses and approvals, and that all such licenses and/or approvals remain in good standing.
b.
Cannabis Cultivators shall comply with the Recreational Cannabis Act and all regulations promulgated by the New Jersey Cannabis Regulatory Commission. Medical Cannabis Cultivators shall comply with CUMA and all regulations promulgated by the New Jersey Cannabis Regulatory Commission.
c.
Only one Cannabis Cultivator shall be permitted to locate within the Highway Retail District. However, in no event shall more than two Cannabis Cultivators be permitted to locate within the Borough. This limitation shall be inclusive of Medical Cannabis Cultivators.
d.
Site Plan Approval and Conditional Use Approval by the Planning Board shall be required, with notice of any public hearing provided in accordance with N.J.S.A. 40:55D-12.
e.
No Cannabis Cultivator or Medical Cannabis Cultivator shall be permitted to operate within 200 feet of any exclusively single-family residential zoning district of the Borough (i.e. the Single Family Residential (SF) District, Transition Residential (TR) District, or Townhouse Residential (TR) District) or an exclusively single-family residential zoning district of any adjacent municipality.
f.
Primary access shall be from a State or County roadway.
8.
Structured parking meeting the following criteria:
a.
Along a public street frontage, the first floor of the parking structure shall be occupied by a permitted use or use otherwise approved by the Planning Board, except that an access driveway with a maximum width of 40 feet shall be permitted along the public street frontage.
b.
Where the structured parking does not have frontage along a public street, the parking shall be screened by structural elements that are compatible with the materials and design of the building facades.
E.
Area, Yard, Height and Building Coverage. Except as otherwise modified, the following bulk standards shall apply to all HR Districts:
Principal Use and Accessory Buildings | Min. Lot Area | Min. Lot Width | Min. Lot Depth | Min. Front Yard | Min. Side Yard | Min. Rear Yard | Max. Height | Max. Imperv. Surface Ratio | Floor Area Ratio |
|---|---|---|---|---|---|---|---|---|---|
Retail and Service Uses | 65,000 sf | 150' | 200' | 35' | 25' | 50' | 35'(1) | .70 | .20 |
Accessory Building(5) | NP | 15' | 30' | 18' | |||||
Office | 30,000 sf | 100' | 200' | 35' | 25' | 35' | 35'(2) | .70 | .25 |
Accessory Building(5) | NP | 15' | 30' | 18' | |||||
Hotel and Motel | 2 acres | 200' | 200' | 50' | 35' | 50' | 35'(3) | .60 | .22 |
Shopping Center | 3 acres | 300' | 200' | 75' | 50' | 50' | 25'(1) | .70 | .20 |
Accessory Building(5) | NP | 25' | 30' | 18' | |||||
Senior Citizen Housing | 2 acres | 200' | 200' | 35' | 25' | 50' | 48'(4) | .70 | NA |
NP = Not Permitted. |
(1) – Or 2 stories, whichever is less. |
(2) – Or 2 1/2 stories, whichever is less. |
(3) – The height may be increased to 45 feet or 4 stories, whichever is less, when the building is greater than 200 feet from a residential district. |
(4) – Or 3 stories, not to exceed 3 stories. |
(5) – Properties must also meet standards for particular accessory buildings, structures and uses, including but not limited to solar facilities, in Chapter 26. |
F.
Additional Regulations for Retail and Service Uses.
1.
All equipment stored on the site shall be placed within an enclosed building.
2.
There shall be no retail sales activities open to the public for the purpose of selling any goods or services in any basement, cellar, or attic, provided that nothing in this section shall be construed to prohibit the use of such areas for storage or the basement or cellar for public restrooms.
3.
Minimum buffer with residential uses or zones is 75 feet.
[Ord. No. 2012-01]
A.
Purpose. The zone is established to recognize 2 areas in the Borough used for public purpose. These include the Reading-Fleming Middle School, Tuccamirgan Park, Green Acres Park, and the Flemington Swim Club, and Memorial Park on the east side of town.
D.
Area, Yard, Height and Building Coverage. Except as otherwise modified, the following bulk standards shall apply to all PS/P Districts;
Principal Use and Accessory Buildings | Min. Lot Area | Min. Lot Width | Min. Lot Depth | Min. Front Yard | Min. Side Yard | Min. Rear Yard | Max. Height | Max. Imperv. Surface Ratio | Max. Building Coverage |
|---|---|---|---|---|---|---|---|---|---|
Parks & Community Pools | 43,560 sf | 100' | 200' | 25' | 25' | 35' | 80'(1) | .50 | .25 |
Accessory Building (2,3) | NP | 15' | 15' | 28' | |||||
Public School | 3 acres | 150' | 350' | 50' | 25' | 50' | 45' | .75 | .50 |
Accessory Building (2,3) | NP | 15' | 30' | 25' |
NP = Not Permitted. |
(1) – The ridgeline of the main roof shall not exceed 45 feet in height. |
(2) – No more than 2 accessory structures or buildings for lots 15,000 sf; no more than 3 accessory structures or buildings for lots > 15,000 sf. |
(3) – Properties must also meet standards for particular accessory buildings, structures and uses, including but not limited to solar facilities, in Chapter 26. |
[Amended Ord. No. 2012-01; 10-14-2025 by Ord. No. 2025-21]
A.
Purpose. The purpose of the Super Shopping (SS) Overlay District is to provide for the redevelopment of a portion of the Highway Retail Zone that is characterized by small lots or abandoned and vacant land. The overlay district provides an optional set of development regulations that permits an added intensity of development as an incentive to assemble substandard lots.
B.
Permitted Principal Uses. In the Super Shopping Overlay Zone, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except for a shopping center incorporating any permitted use in the Highway Retail District.
C.
Accessory Uses Permitted. Any of the following uses may be permitted when used in conjunction with a permitted principal use:
1.
Off-street parking.
2.
Drive-thru and drive-in facilities.
3.
Private garages for commercial vehicles used in conjunction with the principal use.
4.
Fences and walls.
6.
Storage and maintenance buildings.
7.
Solar facilities.
8.
Community gardening.
9.
Activities such as but not limited to parties, "pop up" events, art installations, performances, sales, services, and classes related to activities of or promotions for a permitted or conditional use. Said events shall be subordinate to the principal use and may be temporary/intermittent or may be a regular occurrence. Any such event shall be subject to applicable standards of the Borough Code, including but not limited to, Chapter 8, Fire Prevention Code.
10.
Any use which is customary and incidental to the principal use.
D.
Conditional Uses Permitted. The following uses may be permitted when authorized as a conditional use by the Planning Board:
1.
Hotels and motels (701) subject to the following criteria:
a.
Any such use shall contain a minimum of at least 20 units of accommodation not including any on-site superintendent's living quarters. The minimum number of units of accommodation in any single building shall be 10.
b.
Each unit of accommodation shall contain a minimum floor area of 250 square feet. Ceilings shall be a minimum of 8 feet in height.
c.
There shall be a residency limitation on all guests of 30 days maximum. The residency limitation shall not apply to an employee living on the premises.
E.
Area, Yard, Height and Building Coverage. Except as otherwise modified, the following bulk standards shall apply to all SS Districts:
Principal Use and Accessory Buildings | Min. Lot Area | Min. Lot Width | Min. Lot Depth | Min. Front Yard | Min. Side Yard | Min. Rear Yard | Max. Height | Max. Imperv. Surface Ratio | Floor Area Ratio |
|---|---|---|---|---|---|---|---|---|---|
Shopping Center: | |||||||||
Tract | 15 acres | 500' | 500' | 150' | 50' | 25' | 32'(1) | .75 | .22 |
Lot(2) | 1 1/2 acres | 100' | 200' | 75 | N/A | 50 | 30'(3) | ||
Accessory Building (6) | NP | 25' | 30' | 18' | |||||
Hotel and Motel | 2 acres | 200' | 200' | 50' | 35' | 50' | 45'(4) | .60 | .25 |
NP = Not Permitted. |
(1) – Or 3 stories, whichever is less, however, the maximum height for 33 percent of the front facade may be 36' if used to accommodate a front elevation with a pediment or similar structure. |
(2) – These regulations only pertain to lots within the overall tract area and is intended for use with pad sites approved as part of the shopping center plan. |
(3) – Or 1 1/2 stories, whichever is less |
(4) – Or 4 stories, whichever is less. |
(5) – Roof mounted appurtenances such as heating and air conditioners (HVAC), communications antennae and other equipment shall be concealed by a parapet wall from surrounding land uses. The parapet wall cannot exceed the allowable height. |
(6) – Properties must also meet standards for particular accessory buildings, structures and uses, including but not limited to solar facilities, in Chapter 26. |
F.
Additional Regulations for Retail and Service Uses.
1.
All equipment stored on the site shall be placed within an enclosed building.
2.
There shall be no retail sales activities open to the public for the purpose of selling any goods or services in any basement, cellar, or attic, provided that nothing in this section shall be construed to prohibit the use of such areas for storage or the basement or cellar for public restrooms.
3.
Minimum buffer with residential uses or zones is 75 feet.
[Ord. No. 2012-01; amended 4-22-2024 by Ord. No. 2024-07]
A.
Community Shelters. Community residences for the developmentally disabled, community shelters for victims of domestic violence, and community residences for persons with head injuries shall be allowed in any residential district permitting single family detached housing, provided that:
1.
No more than 15 persons, excluding resident staff, shall occupy the premises except as permitted herein.
2.
The facility is duly licensed pursuant to N.J.S.A. 30:11B-1 et seq. for community residences for the developmentally disabled, N.J.S.A. 30:14-1 et seq. for community shelters for victims of domestic violence, and N.J.S.A. 30:11B-1 et seq. for community residences for persons with head injuries.
3.
The residential character of the building shall remain unchanged.
4.
All other applicable regulations of this Ordinance shall apply.
B.
Decks. Decks shall not be attached to any floor higher than the second floor of a dwelling. Decks for which railings are required shall be located no closer to a side or rear lot line than permitted by the principal building setback requirement. Lower decks may be located to within the required setbacks for accessory buildings but in no instance closer than 5 feet to a property line, excepting fee simple townhouses. Decks for which railings are required shall not be permitted in the front yard. Decks attached to fee simple townhouses may be located on a side property line provided the townhouse is attached to another townhouse along such property line. Fee simple townhouse decks closer than 5 feet to the side property line shall have a decorative screen at least 60 percent visually opaque attached to its side edge and 6 feet tall measured from the deck surface.
C.
Exterior Equipment. All ground-based utility meters or boxes, air compressors, heat pumps, or other exterior equipment shall be located at the side or rear of buildings and shall be screened by architectural elements or landscape plantings. Roof-based equipment shall be screened by architectural elements.
D.
Family Day Care. Family day care shall be allowed as a home occupation, as regulated in this Ordinance, in any residential district, provided that no operator shall provide child care for more than 5 children at any one time not including children legally related to the care provider nor children being cared for under a cooperative agreement with their parents for which no payment is received. In age-restricted developments, deed restrictions or bylaws may prohibit family day care homes from being a permitted use. All other applicable regulations of this Ordinance shall apply.
E.
Fences and Walls. The following regulations shall apply to fences and walls:
1.
Fences and walls may be placed with the finished side (without supports) located on the property line. All permitted fences shall be situated on a lot in such a manner that the finished side shall face adjacent properties.
2.
No fence shall be erected of barbed wire, topped with metal spikes, broken bottles and glass, nor constructed of any material or in any manner which may be dangerous to persons or animals.
3.
On any lot in any district, no wall or fence shall be erected or altered so that said wall or fence shall be over 4 feet in height in front yard areas and 6 feet in height in side and rear yard areas except:
a.
A dog run or privacy area may have fencing a maximum of 7 feet in height provided such area is located in rear yard areas only and is set back from any lot line at least 15 feet.
b.
A tennis court area, located in rear yard areas only, may be surrounded by a fence a maximum of 15 feet in height; said fence to be set back from any lot line the distances required for accessory buildings in the zoning district as stipulated in this Article.
c.
No fence shall exceed 5 feet in height in a rear yard of a reverse frontage lot.
d.
On corner lots, no fences or walls may be placed within the sight triangle. Fences or walls shall not exceed 2 feet in height on corner lots in the front yard setback.
4.
A private residential swimming pool area shall be surrounded by a fence at least 4 feet, but no more than 6 feet, in height.
5.
Nonresidential uses may be permitted a fence of up to 8 feet in height when located behind the front yard provided the specific size, type, and location is approved by the Planning Board. Deviations from this subsection shall be considered as waivers from the Ordinance standards.
F.
Garage Sales. Garage sales shall be subject to the following regulations:
1.
License Regulated. It shall be unlawful for any person to conduct a garage sale in the Borough of Flemington without first filing with the Clerk the information hereinafter specified and obtaining from said Clerk a license to do so, to be known as a "garage sale license". Any bona fide charitable, nonprofit, educational, cultural or governmental institution or organization shall be required to obtain a license. The burden of establishing the exemption from the payment of a license fee shall be on the organization or institution claiming such fee exemption.
A license shall be issued for each lot as shown on the official Borough of Flemington tax map only twice within a 12-month period. No license shall be issued for more than 2 consecutive calendar days. Under special circumstances, and for special reasons, more than 2 licenses may be issued in connection with each parcel of property with the approval of the Common Council. Each license issued under this section shall be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the licensed sale.
2.
License Information to Be Filed. The information to be filed with the Borough Clerk, pursuant to this subsection shall be as follows:
a.
Name of the person, firm, group, corporation, association, or organization conducting the sale.
b.
Name of the owner of the property on which the sale is to be conducted, and consent of owner if applicant is other than the owner.
c.
Location at which the sale is to be conducted.
d.
Number of days of the sale.
e.
Date, nature of any past sale.
f.
Relationship or connection applicant may have had with any other person, conducting a sale and the date or dates of such sale.
g.
Whether or not applicant has been issued any other vendor's license by any local, State, or Federal agency.
h.
Sworn statement or affirmation by the person signing that the information therein given is full and true.
3.
Hours of Sale. All garage sales shall be conducted between the hours of 9:00 a.m. and 6:00 p.m. only, and no sale shall be conducted on a Sunday.
4.
Signs. No person shall make, cause to be made or erected signs other than those signs provided by the Borough. These signs shall be made available by the Borough and shall be a uniform size and form (12" x 12") and must be purchased from the Borough. The signs shall have a space allotted to place the name and address of the person running the sale and the signs shall be removed within 48 hours after the completion of the sale.
5.
Persons and Sales Excepted. The provisions of this section shall not apply to or affect the following persons or sales:
a.
Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
b.
Persons acting in accordance with their powers and duties as public officials.
c.
Any person selling or advertising for sale an item or items of personal property which are specifically named or described in the advertisement and which separate items do not exceed 5 in number.
d.
Any publisher of a newspaper, magazine or other publication or other communication media who publishes or broadcasts in good faith without knowledge of its false, deceptive, or misleading character or without knowledge that the provisions of this section have not been complied with.
6.
Conduct of Sale. The person to whom such license is issued and the owner or tenant of the premises on which the sale or activity is conducted shall be responsible for the maintenance of good order and decorum on the premises during all hours of the sale or activity. No person shall permit any loud or boisterous conduct on the premises nor permit vehicles to impede the passage of traffic on any roads or streets in the area of the premises.
G.
Home Occupations. Home occupations shall be subject to the following regulations:
1.
The use is limited to office uses and cottage food operates as defined in this part and as permitted and regulated by N.J.A.C. 8: 24-11.1 et seq.;
2.
The use is operated by or employs in the residence only a resident or residents who are permanent full-time residents of the dwelling unit, and no other persons;
3.
No nonresident employees, customers, or business invitees or guests shall visit the dwelling unit for business purposes, excepting that no more than three customers may be on the residence site of a cottage food operate at any one time;
4.
The use shall be located in only one room of the dwelling unit, which shall not be served by an entrance separate from the household;
5.
Interior storage of materials shall consist only of supplies directly related to the permitted home occupation;
6.
There shall be no change to the exterior of buildings or structures because of the use, and no outside appearance of a business use, including, but not limited to, parking, storage, signs, or lights;
7.
The use operates no equipment or process that creates noise, vibration, glare, fumes, odors, or electrical or electronic interferences, including interference with telephone, radio or television reception, detectable by neighboring residents;
8.
The quantity and type of solid waste disposal is the same as other residential uses in the zone district;
9.
The capacity and quality of effluent is typical of normal residential use, and creates no potential or actual detriment to the sanitary sewer system, water supply, or its components;
10.
Delivery trucks shall be limited to U.S. Postal Service, United Parcel Service, Federal Express, and other delivery services providing regular service to residential uses in the zone district;
11.
All vehicular traffic to and from the home office use shall be limited in volume, type and frequency to what is normally associated with other residential uses in the zone district.
12.
Compliance with all State and Hunterdon County regulations shall be demonstrated.
H.
Off-Street Parking and Private Garages. Off-street parking and private garages for residential districts shall conform to the following requirements:
1.
Garages shall conform to the setback requirements as otherwise established in this Ordinance.
2.
No driveway shall be located closer than 5 feet in the front setback area to a side or rear property line, except for the driveway access, which can be on the line.
3.
That portion of a driveway from the street to a parking apron located directly in front of the dwelling shall not exceed 12 feet in width.
4.
No curb cut to a single family or two-family dwelling shall exceed 22 feet in width.
5.
No parking shall be permitted in the front yard.
6.
Commercial vehicles cannot be parked or stored on any site in any residential zone district.
Deviations from Subsections F2 — F4 shall be considered as waivers from the Ordinance standards.
I.
Recreational Vehicle Storage. The following requirements apply to recreational vehicle storage:
1.
Trailers, boats or boat trailers which are 21 feet or more in length as measured from outside dimensions, shall be parked or stored inside the confines of a building only.
2.
All trailers, boats or boat trailers shall be stored in side or rear yard areas only; no trailer, boat, or boat trailer shall be parked or stored in the front yard area of a lot.
3.
Each occupied single family residential property may have outside parking or storage upon it for 2 recreational vehicles or trailers, in safe and effective operating condition. All recreational vehicles and trailers shall display thereon a current State license and/or registration. No self-propelled recreational vehicle stored on the property shall exceed 40 feet in length unless within the confines of a building.
4.
At no time shall any recreational vehicle parked or stored on any lot be used for living or housekeeping purposes.
J.
Residential Swimming Pools and Cabanas. The following requirements, after application for a permit, apply to private residential swimming pools, hot tubs, and pool cabanas:
1.
No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a residential building.
Pools shall be considered impervious surface, which shall not exceed the impervious surface ratio of the zone when included with other impervious surfaces. Pools shall be located in rear or side yard areas only. No swimming pool or elevated pool deck shall be closer than 10 feet to any lot line. No pool apron shall be located closer than 5 feet to any lot line.
2.
Cabanas shall not exceed 150 square feet in area and 15 feet in height. Any cabana shall be located no closer than 10 feet to any lot line unless a greater setback for an accessory structure is otherwise required.
L.
Satellite Dish and Television Antennas. Satellite dish and television antennas in single and two-family districts shall conform to the following requirements:
1.
To the greatest extent feasible, consistent with the unimpeded reception of broadcasts, antennas are to be located in a rear yard or the rear slope of a roof.
2.
An antenna that is in excess of one meter (39.37 inches) but no larger than 2 meters (78.74 inches) in diameter shall conform to the setback requirements for accessory uses and structures in the zoning district in which it is located.
3.
An antenna that is in excess of 2 meters (78.74 inches) shall conform to the rear yard setback requirements for accessory uses and structures in the zoning district in which it is located.
4.
The Administrative Officer shall have the power to waive the enforcement of this subsection upon certification from a qualified installer that conformance with these requirements will materially limit the reception of broadcasts from communications satellites.
M.
Animal Shelters and Fencing.
1.
The area which animals are kept as measured by the fenced area and the floor area of the shelter shall not exceed 5 percent of the rear yard or a maximum of 150 square feet, whichever is lesser. The percent of yard area shall be calculated based on the rear yard area.
2.
Animal shelters and their fenced enclosures shall be located a minimum of 15 feet from all property lines and a minimum of 25 feet from any structure used for human habitation, occupation or assembly and owned by anyone other than the owner of the subject property. Notwithstanding, in no case shall animal shelters and their fenced enclosure be located closer to the principal residence of a neighboring property than the principal residence of the subject property.
3.
The maximum height of any animal shelter shall be 8 feet.
N.
Solar facilities shall meet the requirements in Section 2639, Solar Energy Facilities.
[Ord. No. 2012-01]
O.
Outdoor Dining.
[Added 5-26-2020 by Ord. No. 2020-7]
1.
Outdoor dining, as defined herein, shall be specifically deemed a permitted, accessory use to a brewery; hotel; restaurant; restaurant drive-in; restaurant, fast food; retail food establishment and social club, as such uses are defined within § 1201 or elsewhere of the ordinance. Notwithstanding, outdoor dining shall not be deemed a permitted, accessory use to convenience stores.
2.
Outdoor seating shall comply with federal, state, county and/or local distancing requirements imposed by any law and/or executive order in effect at any particular time. To the extent that local requirements are permitted to preempt such federal, state and county requirements, such local requirements shall govern.
3.
Outdoor Dining Area. The area to be utilized for outdoor dining shall be known as the "outdoor dining area," which shall:
a.
Be utilized to serve food and drink to be consumed by the public at tables located adjacent to the principal building.
b.
Be located solely on the sidewalk area or privately owned property adjacent to the principal building(s) that are the subject of the application for the outdoor dining permit.
c.
Contain readily removable tables, chairs, umbrellas, heat lamps, lights and/or planters. Such items shall not be required to removed daily; however, they must be secured from the elements and improper use.
d.
Be unenclosed by fixed walls or ceilings, except for retractable awnings, umbrellas or other nonpermanent enclosures which shall in no way present a safety hazard to or impede pedestrian traffic; and
4.
Permit Required. The outdoor dining area shall be subject to the following permitting requirements:
a.
No person shall operate an outdoor dining area within the Borough without having first obtained an outdoor dining area permit in accordance with the requirements of this section. The permit shall be issued by the Zoning Official only if all requirements associated with outdoor dining herein are or will be satisfied. The use of the permit shall, however, be subject to other applicable federal, state, county and Borough regulations, executive orders and states of emergency.
b.
Permits shall be not transferable to new uses.
c.
Permits shall be automatically renewed annually if no changes to the outdoor dining plan are proposed. permits shall be newly applied for where changes to the outdoor dining area plan are proposed.
d.
A person who has received approval of the outdoor seating by resolution of the Borough planning Board or prior land use board with jurisdiction for outdoor seating is exempt from the above permitting requirement and fees set forth herein. This exemption applies only for the outdoor dining plan permitted in the approving resolution.
e.
The fee for an outdoor dining area permit shall be $50 payable upon submission of the application. This fee can be waived by Borough Council at any particular time period.
5.
Application. Each applicant for an outdoor dining area permit shall submit and file the appropriate application with the Zoning Officer, together with three copies of an outdoor dining area plan, as defined below, and the appropriate fee. The application shall be approved by the property owner. The Zoning Officer, in consultation with the Fire Marshal as necessary, shall approve, disapprove or modify the application and outdoor dining area plan within 15 business days following its submission. Adjacent business/property owners shall be permitted to submit a joint outdoor dining permit Application for their respective properties provided that at least one business is a retail food establishment as defined herein.
6.
Outdoor Dining Area Plan. The "outdoor dining area plan" shall include the following information (and such other additional information, if any as may be deemed necessary and subsequently requested by the Zoning Officer):
a.
Identification of the principal building and all properties immediately adjacent to such building, including names and addresses of the adjacent property owners; and
b.
The plan shall be drawn to scale but does not require professional seals and may be prepared by the applicant.
c.
The scaled drawing of the proposed design and location of the outdoor dining area shall include setbacks from curbs (setbacks to property lines shall not be required), all temporary structures, equipment and apparatus to be used in connection with its operation, including any proposed tables, chairs, planters, awnings, lighting, heat lamps and electrical outlets (if any); provisions for the storage of such structures, equipment and apparatus; and the location of any fire hydrant, plug or standpipe, utility pole, parking meter, or other permanent fixture between the principal building and the curb, including a clear indication of the presence of the required pedestrian passageway and ADA clearance. If the outdoor dining area is located on private property adjacent to the sidewalk, the outdoor dining area plan shall demonstrate that pedestrian traffic will in no way be impeded.
7.
Additional Rules, Regulations and Specifications. The establishment, use and operation of the outdoor dining area shall comply with all of the following additional rules, regulations and specifications:
a.
The outdoor dining area shall be operated and maintained in accordance with the outdoor dining area plan as finally approved, and by the same person who operates and maintains the abutting retail food establishment.
b.
The placement of furniture, apparatus, decoration or appurtenance used in connection with the operation of the outdoor dining area in relation to any fire hydrant, plug or standpipe permanent fixture shall be approved by specific written authorization of the Fire Official based upon his review of the outdoor dining area plan.
c.
No furniture, apparatus, decoration or appurtenance used in connection with the operation of the outdoor dining area shall be located in such a way that will impede the safe and speedy ingress and egress to or from any building or structure.
d.
Outdoor dining areas, including associated furniture, apparatus, decoration or other item used in connection with the outdoor dining, shall not be located to project or protrude into a four-foot pedestrian passageway and ADA clearance. The four-foot passageway shall be measured from the curb.
e.
Any table service provided at the outdoor seating shall be provided by persons engaged or employed for that purpose and shall be furnished to seated patrons only. Table service is not required, and retail food establishments that do not provide table service may operate outdoor seating in which patrons carry their food from inside the premises to tables located in the outdoor dining area.
f.
The outdoor dining area shall be kept clean and free of litter and shall be washed as required. Trash receptacles shall be provided as required and approved by the Zoning Officer. If no table service is provided, the trash receptacles shall include those needed for recycling.
g.
Noise shall be kept at such a level as to comply in all respects with the provisions of applicable ordinances of the Borough.
h.
The hours of operation of the outdoor dining area shall coincide with the hours of operation of the principal use to which it is accessory.
i.
Furniture, apparatus, decorations and appurtenances utilized in connection with the outdoor dining area shall be stored indoors.
j.
No food may be cooked in the outdoor dining area. Food and drink may be prepared, including but not limited to mixing of ingredients and dishing cooked food.
k.
Smoking is prohibited in outdoor dining areas.
l.
All other applicable ordinances of the Borough shall also be complied with.
8.
Consumption of Alcoholic Beverages. The applicant may permit the consumption of alcoholic beverages in the outdoor dining area as follows:
a.
An applicant that does not possess a liquor license may permit its patrons to consume alcoholic beverages brought to the premises its patrons to the extent permitted by Borough Ordinance and the Alcoholic Beverage Control Board.
b.
An applicant that possesses a plenary retail consumption permit must amend their liquor permit to include the outdoor dining area in order to permit the consumption of alcoholic beverages therein by its patrons.
9.
Notice of Violation; Failure to Comply. Upon a determination by the Zoning Officer an applicant has violated one or more of such provisions applicable to the use or operation of the outdoor dining area, the Zoning Officer shall give written notice to the applicant to correct such violation within 24 hours of the receipt of such notice. In the event that the applicant fails or refuses to correct the violation within such period, the applicant's outdoor dining area permit shall be automatically and immediately revoked without the need for further action.
10.
Appeals. Any person aggrieved by any action of the Zoning Officer may appeal as follows:
a.
If the action of the Zoning Officer concerns the denial of an outdoor dining area permit for failure to comply with the requirements of the Borough Ordinances, the appeal shall be to the Borough planning Board pursuant to the provisions of the Municipal Land Use Law, specifically N.J.S.A. 40:55D-70(a) or (b). The applicant may also apply to the Borough planning Board for a variance pursuant to the provisions of the Municipal Land Use Law, specifically N.J.S.A. 40:55D-70(c) or (d), in the event that it wishes to seek permission to operate an outdoor dining area in a location or manner that does not comply with the provisions of the Borough Ordinance.
b.
If the action of the Zoning Officer concerns the revocation of an outdoor dining area permit, the appeal shall be to the Mayor and Borough Council. The appeal shall be taken by filing a written statement fully setting forth the grounds for appeal with the Borough Clerk no later than 30 days after the notice of the action complained of has been served personally upon the applicant or mailed, postage prepaid, to the applicant at the address provided on the Application. The Borough Clerk shall set a time and place of hearing for the appeal, at which time the Mayor and Borough Council shall conduct a hearing and affirm, modify or reverse the action of the Zoning Officer that is the subject of the appeal.
11.
Penalties. Any person convicted of a violation of any of the provisions of this section shall be subject to a fine of at least $200 but not exceeding $500 for each and every offense for each day in which the violation has not been abated.
Bus Stops are conditional uses, subject to Planning Board approval including site plan approval and subject to the following requirements:
1.
Adequate circulation and stopping/drop off/and pickup area for the bus shall be provided. Turning radius for a AASHTO B-40 design vehicle shall be provided where necessary.
2.
The bus drop/off pickup area ("bus area") shall utilize an existing parking area in a commercial zone containing at least 100 parking spaces. The use of the existing parking area is not to be a deduction from parking presently credited to the principal use.
3.
The bus area shall be a minimum of 75 feet from any adjoining residential use or zone.
4.
A bus shelter, not exceeding 250 square feet, may be permitted if it is a roofed structure without heat or air conditioning.
5.
In cases where the bus area or associated automobile parking abuts a residential property or zone, there shall be a landscaped buffer strip along the perimeter of the property or zone. Such buffer strip shall be at least 8 feet in width or depth measured from the residential property line. The 5 feet of such buffer strip nearest the residential property line shall be used as a planting strip on which shall be placed a fence or plant material, trees, shrubs, plants or both, the minimum height being 6 feet. Such fence or planting strip shall be of sufficient density to provide adequate screening during all seasons of the year.
[N.J.A.C. 5:21-4.14; Ord. No. 2012-01; amended 5-26-2020 by Ord. No. 2020-7; 6-28-2021 by Ord. No. 2021-15; 9-11-2023 by Ord. No. 2023-24; 2-23-2026 by Ord. No. 2026-03]
A.
An adequate number of on-street and off-street parking spaces shall be required in all developments to accommodate residents and visitors. For projects containing dwelling units required by the New Jersey Uniform Construction Code's Barrier Free Subcode (N.J.A.C. 5:23-7) to be accessible, accessible parking spaces for people with disabilities shall be provided in accordance with the requirements of the Barrier Free Subcode and shall be considered part of the total number of required spaces.
B.
For residential developments, off-street parking space shall be provided, as set forth in Table 26.1 below. If applicant does not specify the number of bedrooms per unit, note "3" for each category in Table 26.1 shall apply for the parking requirement.
C.
For nonresidential developments, off street parking spaces shall be provided in accordance with the following and Chapter 26, Table 26.2 in this section.
1.
In the Downtown Business (DB) District, off-street parking shall not be required for uses occupying existing floor area in existence as of the date of adoption of this Ordinance and that meet the following criteria:
Editor's Note: Paragraph C,1; C,1,a; and C,1,b were adopted 6-28-2021 by Ord. No. 2021-15.
D.
Alternative parking standards to those shown in Table 26.1 shall be accepted if the applicant demonstrates these standards better reflect local conditions. Factors affecting minimum number of parking spaces include household characteristics, availability of mass transit, urban versus suburban location, and available off-site parking resources.
Table 26.1 Parking Requirements for Residential Land Uses(1) | |
|---|---|
Housing Unit Type/Size(2) | Parking Space Requirement |
Single-Family Detached | |
2 Bedroom | 1.5 |
3 Bedroom | 2.0 |
4 Bedroom | 2.5(3) |
5 Bedroom | 3.0 |
All other housing unit parking space requirements shall comply with the requirements of the Residential Site Improvement Standards (NJAC 5:21). |
Notes, Table 26.1: |
(1)
When determination of the required number of parking spaces results in a fractional space for the entire development, any fraction of one-half or less may be disregarded, while a fraction in excess of one-half shall be counted as one parking space.
(2)
Requirements for attached units (apartment/ condominium/townhouse) include provisions for quest parking. Guest parking shall not be concentrated in any one parking area but shall be distributed so as to provide easy access to the affordable rental residences.
(3)
If applicant does not specify the number of bedrooms per unit, this off-street parking requirement shall apply.
SOURCE: Modified and adapted from U.S. Department of Commerce, Bureau of the Census, Public Use File — New Jersey (cross-tabulation of vehicles by housing unit for units constructed 1975 to 1980). |
Table 26.2 Off-Street Parking Space Requirements for Nonresidential Land Uses | |
|---|---|
Nonresidential Land Principal Use | Required Off-Street Parking Spaces Per Indicated Area |
Taverns/Bar | 1 per 2 seats |
House of Worship | 1 per 3 seats |
Bed and Breakfast | 1 per guest bedroom, and 1 per employee |
Banks | 1 per 300 sf GFA |
Hotels | 1 per room plus 1 per employee (maximum shift) |
Library | 1 per 300 sf GFA |
Health or Athletic Club | 1 per 100 sf GFA |
Manufacturing | 1 per 1,000 sf GFA |
Fire & Rescue | 1/300 sf GFA |
Medical & Dental Office | 1 per 150 sf GFA |
Convenience Store | 6 per 1,000 GFA |
Shopping center | 1 per 200 sf GFA |
Offices | 3.5 per 1,000 sf GFA |
Outdoor Dining | No additional parking shall be required |
Mortuary | 10 per viewing room/chapel |
Research | 1 per 1,000 sf GFA |
Restaurant | 1 per 3 seats |
Retail use | 1 per 250 sf GFA (4 per 1,000 GFA) |
Schools: | |
Elementary | 2 per classroom; but not less than 1 per teacher & staff |
Intermediate | 1.5 per classroom; but not less than 1 per teacher & staff |
Secondary | 2.5 per classroom; but not less than 1 per teacher & staff |
Service station | 4 per bay & work area |
Theater (the first 75 seats shall be exempt from the parking requirement) | 1 per 3 seats |
Notes: GFA = Gross floor area GLA = Gross leasable area |
E.
A one-car garage and driveway combination shall count as 2.0 off-street parking spaces, provided the driveway measures a minimum of 18 feet in length between the face of the garage door and the right-of-way. A two-car garage and driveway combination shall count as 3.5 off-street parking spaces, provided a minimum parking area width of 20 feet is provided for a minimum length of 18 feet as specified for a one-car garage and driveway combination.
F.
Excess parking spaces, defined as those which exceed the required parking pursuant to X2629, may be utilized by an off-site entity, subject to the following:
1.
Use of the excess parking spaces shall not result in noncompliant parking for the uses at that location unless relief from the required parking is granted by the Planning Board.
2.
Use of the excess parking spaces by an off-site entity shall not satisfy any portion of the required parking unless relief from the required on-site parking is granted by the Planning Board.
3.
Allocation of one or more excess parking spaces to an off-site entity shall be subject to a zoning permit. The Zoning Officer shall verify that the identified parking spaces may be allocated to an off-site user without creating a noncompliant parking condition on the site. Relief from required parking may only be granted by the Planning Board.
4.
Any change in use of a site with excess parking spaces allocated to an off-site entity shall be subject to parking requirements pursuant to § 2629. The allocated excess parking spaces may not satisfy any portion of the required parking.
5.
The excess parking spaces allocated to an off-site entity may be marked and designated as being available to the off-site users.
6.
An off-site entity may consist of, but is not limited to, customers of a use, employees of a use, or residents.
7.
The arrangement between the site with excess parking spaces and offsite entity is not subject to Borough approval.
G.
When, in the judgment of the local approving authority, on-street parking is available, then only that proportion of the parking requirement which is not available on the street shall be provided on site or in off-street parking facilities. A length of 23 feet per on-street parking space shall be used in calculating the number of available on-street parking spaces.
H.
Shared Parking. Where an applicant persuasively demonstrates that 2 or more parking generators have complementary parking demand as demonstrated using accepted shared parking analyses, the approving authority may permit an appropriate reduction in the required total number of parking spaces.
A.
Off-street loading shall be required for every retail, industrial, institutional and governmental use for the loading and unloading of material or merchandise. Office uses in excess of 20,000 gross square feet in either a single building or in a combination of buildings as part of an office park shall also be required to provide off-street loading. Off-street loading shall be as required:
1.
Retail uses of 5,000 sf. or less shall provide one loading space 12' x 35'. Retail uses singularly or in combination shall provide one loading space 15' x 60' for each 25,000 sf. up to 100,000 sf., plus one space for each additional 100,000 sf. up to 500,000 sf., plus one additional space for each 250,000 sf. thereafter.
2.
Industrial uses shall provide one loading space 15' x 60' for each 20,000 sf. or part thereof.
3.
Institutional uses shall provide one loading space 15' x 60' for each 50,000 sf. or part thereof.
4.
Governmental uses shall provide one loading space 12' x 35' for each 100,000 sf. or part thereof.
5.
Office uses greater than 20,000 sf. shall provide one loading space 12' x 35' for each 50,000 square feet or part thereof.
B.
Additional loading spaces may be necessary and required dependent upon the specific activity.
[Ord. No. 2012-06; Ord. No. 2012-15; Ord. No. 2016-12; Ord. No. 2013-14; amended 6-10-2019 by Ord. No. 2019-12; 10-15-2024 by Ord. No. 2024-22]
A.
Signs—Permitted in All Districts.
1.
The following signs are permitted in all districts in the Borough:
a.
A non-illuminated nameplate, with the name of the principal occupant and the street number and name of a private dwelling or both, with an area of not more than 144 square inches.
b.
A sign, illuminated or not, for a church, educational institution or public or quasi-public building or use, with an area of not more than 16 square feet.
c.
The following non-illuminated temporary signs:
(1)
A single sign pertaining to the lease or sale of the premises upon which it is placed, with an area of not more than 8 square feet; provided, that such sign shall be removed within 14 days after the consummation of a lease or sale of the premises.
(2)
Signs for a building, premises or part thereof, under construction or renovation, with the street number of a building and the name of the architect, engineer, landscaper, the general contractor and subcontractors, and the project title during construction on the premises. Such signs shall be located at the principal entrance and within the street line and lot lines of the premises and shall be removed within 14 days after the completion of the construction work. The total area of such signs on a lot shall not exceed 8 square feet.
(3)
Signs announcing or advertising any political, educational, religious, non-profit or like campaign, drive or event; provided that the total area of all such signs on a lot shall not exceed 8 square feet, provided that said sign shall not be posted more than two (2) weeks prior to the drive or event and shall be removed not later than three (3) days after the drive or event's conclusion. Political signs shall be exempt from the foregoing temporal requirements.
(4)
Temporary banners.
The zoning officer may issue a permit for a banner that meets the following conditions:
(a)
(Reserved);
(b)
Promotes a one-time event such as a grand opening, holiday sale, or fund raising event;
(c)
Will be used for no more than 14 days;
(d)
Will be used (1) at the standard location across Main Street between the Historic Courthouse and the Union Hotel or (2) at the location of the business or event being advertised and up to three additional locations in the Borough, providing that the requesting party provides written permission from the owner of any location other than his or her own where the banner is to be placed.
(5)
Default Banner.
A banner (designated by the FCP or its equivalent and reviewed/approved by the SRC) may be displayed across Main Street at a location(s) approved by the Council, provided the structural stability has been confirmed by the Construction Official, for the first available one-week period every month when no other banner has been approved pursuant to Subsection A1c(4) above and, in the discretion of the Zoning Officer, it is safe to display it.
Requests for other banners shall be submitted to Borough Council for approval.
The zoning officer at his sole discretion may refer a banner request that meets the conditions listed above to Council for approval regarding concerns of colors, size, public safety, or frequency of placement.
d.
Directional signs, not to exceed 2 square feet.
B.
Permitted Signs.
[Ord. No. 2012-15; amended 6-10-2019 by Ord. No. 2019-12]
1.
The following sign regulations are supplemented by the Table of Sign Regulations contained herein.[2] Where a conflict arises, the document with more specificity shall prevail.
[2]
Editor's Note: The Table of Sign Regulations is included as an attachment to this chapter.
2.
The following business signs are permitted for each business building in the CB, TC, DB, DB II, PO, VAS, and HR/OSS Districts.
a.
Facade (wall) signs.
(1)
A facade sign may be located on the wall surface of the principal facade of the area occupied by such business and extending not more than four inches from such wall. A business use, if located on a corner lot or abutting a parking lot containing five or more parking spaces and that provides building access to a location other than that facade facing the public street, may have a second sign located on the wall facing the other street or parking lot. The total length and area of each sign shall not exceed 50% of the linear length of the building facade (including window and door areas) to which the sign is affixed if one business or the portion of the building facade occupied by the business (demising wall to demising wall). Notwithstanding, no sign shall exceed 50 square feet except for the HR/OSS District, which sign(s) shall not exceed 100 square feet. Facade signs, excluding those in the HR/OSS district, shall not exceed two feet in height. If a shared space, the multiple tenants shall be allowed exterior signage but the total signage area for all tenants shall not exceed the area limitations herein.
(2)
Business uses without street frontage (defined as those located only in the building rear, on the upper floors, or the basement) may have one additional facade sign to be shared by all such uses on the premises. To the extent practical, it shall be located on a wall surface immediately adjacent to the main entrance to such uses and may extend not more than four inches from such wall. The total area of such sign shall not exceed eight square feet. Such businesses may, in addition, have one sign to be shared by all such businesses on or immediately adjacent to the door serving as the main entrance to such uses. The total area of such painted sign shall not exceed two square feet.
b.
Freestanding signs.
(1)
Freestanding signs, where permitted, shall be located between the principal structure and the public street and may be located in the front yard setback. The business use, if located on a corner lot, may have a second sign located between the second side of the building facing a public street and the street.
(2)
Businesses with a minimum of 500 feet on a state highway and two or more access points may have up to two signs on such frontage.
(3)
Monument signs are considered freestanding signs for purposes of determining the number or quantity permitted. Either a monument sign or a freestanding sign shall be permitted, but not both.
(4)
Notwithstanding the required setback from curb, no sign shall be located in the public right-of-way.
c.
Blade signs and canopy/awning signs.
(1)
A blade sign and/or a canopy/awning sign is permitted in addition to a facade sign.
(2)
The total area of the canopy/awning sign and the facade sign shall not exceed the area of that which is permitted for the facade sign(s) on the building facade to which each sign or set of signs is affixed.
(3)
Blade signs shall be no larger than six square feet. The signs shall be placed at a height as to not obstruct pedestrians or impair vehicular sight lines, as determined by the Zoning Officer. Where located above a pedestrian way, the bottom of the sign shall provide not less than eight feet of clearance.
3.
One canopy/awning sign and one blade sign is permitted on the principal building facade.
a.
Miscellaneous signs.
(1)
Signs on windows, and doors. Each business located at the street level may have the following signs, for the name, street, number or type of business or any combination thereof:
(a)
Two signs, with a total area not to exceed six square feet, painted or applied as a decal(s) on the windows or doors, or both, but with not more than one such sign on any window or door; except that an establishment serving food may post its menu and hours or service on the first floor facade in reasonable proximity to the front entry. Such menu sign may be no more than six square feet and may be in addition to the two signs permitted herein.
(2)
A frame sign. An A-frame sign for retail establishments in the VAS, DB and DB II Zones conforming to the following:
(a)
(Reserved)
(b)
A temporary freestanding advertisement or menu sign (A-frame sign or sandwich-board sign) may be displayed, provided only one such sign be installed per street level business establishment not to exceed six square feet in size per side. Such sign shall be placed so that a minimum of three feet of an unobstructed sidewalk width is provided.
(c)
The sign shall consist of a framed chalkboard, tack board, or similar for the listing of daily specials and hours of operation, only.
(d)
The location of the sign shall not interfere with pedestrian or vehicular traffic, as determined by the Zoning Officer.
b.
Directory signs.
(1)
A directory sign for any business building; provided, that a directory sign is minimally set back at the existing building front facade. Each side of a directory such sign may have the names of all principal tenants of the building. The area of a directory sign devoted to each tenant shall not exceed 72 square inches. The total area of such signs shall not exceed 16 square feet.
c.
Menu board signs for uses with a drive-through are permitted. The sign area of each menu board sign shall not exceed 20 square feet and shall be located adjacent to the drive-through lane. It may be internally illuminated.
d.
Special signs. Special signs serving the public convenience, such as "Notary Public," "Public Telephones," "Public Rest Rooms" or words or directions of similar import. The area of such sign shall not exceed 72 square inches. Only one sign of each type shall be displayed.
e.
Temporary paper signs. Temporary signs placed on glass which are made out of paper or similar material and containing extraordinary information pertaining to matters of limited duration, such as sales, product promotion, community, cultural, or other public events, and employment opportunities. Such signs shall not have an area exceeding 10% of the total square footage of the glass frontage of the establishment.
f.
Parking rate sign. Operators of parking garages and open lots shall post a sign setting forth all pertinent rate information. Such information shall be readily visible to potential patrons before they pull into the entryway. Such rate sign may be no more than 10 square feet and may be in addition to such other signage as is permitted herein.
g.
All deviations from the sign ordinance shall be considered "c" variances, with the exception of signs which are principal uses, including but not limited to billboards.
4.
Prohibited signs.
a.
The following signs or artificial lighting are prohibited:
(1)
Billboards.
(2)
Flashing signs or moving signs, including any sign or device or which the artificial light is not maintained stationary and constant in intensity and color at all times when in use.
(3)
Neon or neon-like signs.
(4)
Signs which compete for attention with, or may be mistaken for, a traffic signal.
5.
Location.
a.
Except as otherwise provided in the subsection, no sign shall project into a required yard or beyond the lot or street line.
b.
No sign shall be placed, inscribed or supported upon the roof, or upon any structure which extends above the roof, of any building, except such directional devices as may be required by federal or state aeronautical authorities.
c.
No sign shall be so placed as to interfere with the opening of an exit door or to obstruct any window opening of a room which is used for dwelling purposes.
d.
No part of any business sign shall project above the top or beyond the ends of the wall surface upon which it is placed.
[1]
Editor's Note: Flemington Borough - Summary of Sign Regulations is included as an attachment to this chapter.
[Added 2-23-2026 by Ord. No. 2026-05[1]]
A.
Introduction and Applicability.
1.
This section of the Code sets forth regulations regarding the very-low-, low- and moderate-income housing units in Flemington Borough consistent with the provisions outlined in P.L. 2024, Chapter 2, including the amended Fair Housing Act ("FHA") at N.J.S.A. 52:27D-301 et seq., as well as the Department of Community Affairs, Division of Local Planning Services ("LPS") at N.J.A.C. 5:99 et seq., statutorily upheld existing regulations of the now-defunct Council on Affordable Housing ("COAH") at N.J.A.C. 5:93 and 5:97, the Uniform Housing Affordability Controls ("UHAC") at N.J.A.C. 5:80-26.1 et seq., and as reflected in the adopted municipal 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 pursuant to statutory requirements. This section 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 Subsection A.5.c below.
3.
The Flemington Borough 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 municipality 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 P.L. 2024, Chapter 2, 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, as may be amended and supplemented.
5.
Applicability.
a.
The provisions of this section 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.
This section shall apply to all developments that contain very-low-, low- and moderate-income housing units included in the Municipal HEFSP, including any unanticipated future developments that will provide very-low-, low- and moderate-income housing units.
c.
Projects receiving federal Low Income Housing Tax Credit financing and are proposed for credit shall comply with the low/moderate split and bedroom distribution requirements, maximum initial rents and sales prices requirements, affirmative fair marketing requirements of UHAC at N.J.A.C. 5:80-26.16 and the length of the affordability controls applicable to such projects shall be not less than a 30-year compliance period plus a 15-year extended-use period, for a total of not less than 45 years.
B. 95/5 RESTRICTION ACCESSORY APARTMENTS ACT ADAPTABLE ADMINISTRATIVE AGENT AFFIRMATIVE MARKETING AFFIRMATIVE MARKETING PLAN AFFIRMATIVE MARKETING PROCESS OR PROGRAM AFFORDABILITY ASSISTANCE AFFORDABILITY AVERAGE AFFORDABLE AFFORDABLE HOUSING DEVELOPMENT AFFORDABLE HOUSING DISPUTE RESOLUTION PROGRAM or THE PROGRAM AFFORDABLE HOUSING MONITORING SYSTEM or AHMS AFFORDABLE HOUSING TRUST FUND or AHTF AFFORDABLE UNIT AGE-RESTRICTED HOUSING AGENCY ASSISTED LIVING RESIDENCE BARRIER-FREE ESCROW BUILDER'S REMEDY CERTIFIED HOUSEHOLD CHOICE COAH or THE COUNCIL COMMISSIONER COMPLIANCE CERTIFICATION CONSTRUCTION COUNTY-LEVEL HOUSING JUDGE DCA and DEPARTMENT DEFICIENT HOUSING UNIT DEPARTMENT DEVELOPER DEVELOPMENT DEVELOPMENT FEE DISPUTE RESOLUTION PROGRAM DIVISION EMERGENT OPPORTUNITY EQUALIZED ASSESSED VALUE or EAV EQUITY SHARE AMOUNT EXCLUSIONARY ZONING LITIGATION EXIT SALE EXTENSION OF EXPIRING CONTROLS FAIR SHARE OBLIGATION FAIR SHARE PLAN FHA GREEN BUILDING STRATEGIES HMFA or THE AGENCY HOUSEHOLD INCOME HOUSING ELEMENT HOUSING REGION INCLUSIONARY DEVELOPMENT JUDGMENT OF COMPLIANCE or JUDGMENT FOR REPOSE LOW-INCOME HOUSEHOLD LOW-INCOME UNIT MAJOR SYSTEM MIXED USE DEVELOPMENT MODERATE-INCOME HOUSEHOLD MODERATE-INCOME UNIT MONI MUNICIPAL AFFORDABLE HOUSING TRUST FUND MUNICIPAL DEVELOPMENT FEE ORDINANCE MUNICIPAL HOUSING LIAISON or MHL NEW CONSTRUCTION NEW JERSEY AFFORDABLE HOUSING TRUST FUND NEW JERSEY HOUSING RESOURCE CENTER or HOUSING RESOURCE CENTER NON-EXEMPT SALE NON-RESIDENTIAL DEVELOPMENT1. 2. 3. NON-RESIDENTIAL DEVELOPMENT FEE NONPROFIT ORDER FOR REPOSE PAYMENT IN LIEU OF CONSTRUCTING AFFORDABLE UNITS PERSON WITH A DISABILITY PRICE DIFFERENTIAL PRIOR ROUND UNIT PROGRAM PROSPECTIVE NEED QUALIFIED URBAN AID MUNICIPALITY RANDOM SELECTION PROCESS RCA ADMINISTRATOR RCA PROJECT PLAN RECEIVING MUNICIPALITY RECONSTRUCTION RECREATIONAL FACILITIES AND COMMUNITY CENTERS REGIONAL CONTRIBUTION AGREEMENT or RCA REGIONAL MEDIAN INCOME REHABILITATION RENT RESIDENTIAL DEVELOPMENT FEE RESTRICTED UNIT SPENDING PLAN STATE DEVELOPMENT AND REDEVELOPMENT PLAN or STATE PLAN SUPPORTIVE HOUSING HOUSEHOLD SUPPORTIVE HOUSING SPONSORING PROGRAM SUPPORTIVE HOUSING UNIT TRANSITIONAL HOUSING TREASURER UHAC UHORP UNIT TYPE VERY-LOW-INCOME HOUSEHOLD VERY-LOW-INCOME HOUSING VERY-LOW-INCOME UNIT VETERAN VETERANS' PREFERENCE WEATHERIZATION
Definitions. As used herein the following terms shall have the following meanings:
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, 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.
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."
Means the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq.
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).
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.
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.
Means the municipally adopted plan of strategies from which the Administrative Agent will choose to implement as part of the Affirmative Marketing requirements.
Means the actual undertaking of Affirmative Marketing activities in furtherance of each project with very-low-, low- and moderate-income units.
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.
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.
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.
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.
Refers to the dispute resolution program established pursuant to N.J.S.A. 52:27D-313.2.
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.
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.
Means a housing unit proposed or developed pursuant to the Act, including units created with municipal affordable housing trust funds.
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.
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.).
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.
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.
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.
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.
Means the no-longer-active Choices in Homeownership Incentives for Everyone Program, as it was authorized by the Agency.
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).
Means the Commissioner of the Department of Community Affairs.
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 (N.J.S.A. 52:27D-313).
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.).
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.
Mean the State of New Jersey Department of Community Affairs.
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.
Means the New Jersey Department of Community Affairs.
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.
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.
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.
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).
Means the Division of Local Planning Services within the Department of Community Affairs.
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.
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.
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%.
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.
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.
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.
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.
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.
Means the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq.
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.
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.).
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.
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.
Means a geographic area established pursuant to N.J.S.A. 52:27D-304.2b.
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.
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.
Means a household with a household income equal to 50% or less of the regional median income.
Means a restricted unit that is affordable to a low-income household.
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.
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 maybe 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.
Means a household with a household income in excess of 50% but less than 80% of the regional median income.
Means a restricted unit that is affordable to a moderate-income household.
Means the no-longer-active Market Oriented Neighborhood Investment Program, as it was authorized by the Agency.
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.
Means an ordinance adopted by the governing body of a municipality that authorizes the collection of development fees.
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.
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.
Means an account established pursuant to N.J.S.A. 52:27D-320.
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.
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 Flemington partners; the transfer of ownership between former spouses or civil Flemington 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.
Means:
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;
Hotels, motels, vacation timeshares, and child-care facilities; and
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.
Means the fee authorized to be imposed pursuant to N.J.S.A. 40:55D-8.1 through 40:55D-8.7.
Means an organization granted nonprofit status in accordance with section 501(c)(3) of the Internal Revenue Code.
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.
Means the prior approval of the payment of funds to the municipality by a developer when affordable units are were not produced on a site zoned for an inclusionary development. The statutory permission for payments in lieu of constructing affordable units was eliminated per P.L. 2024, c. 2.
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.
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 $0.
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 any unit that: (1) received substantive certification from COAH; (2) 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; (3) 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) or (2) above; or (4) 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.
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).
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.
Means a municipality that meets the criteria established pursuant to N.J.S.A. 52:27D-304.3.c(1).
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.
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.
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.
Means, for the purposes of an RCA, a municipality that contractually agreed to assume a portion of another municipality's fair share obligation.
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.
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.
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.
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.
Means the repair, renovation, alteration, or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.
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.
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.
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.
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.
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).
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 C.F.R. 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,[2] 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.
Means grant or loan program which provided financial assistance to the development of the 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.
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.
Means the Treasurer of the State of New Jersey.
Means the Uniform Housing Affordability Controls set forth at N.J.A.C. 5:80-26.
Means the Agency's Urban Homeownership Recovery Program, as it was authorized by the Agency Board.
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.
Means a household with a household income less than or equal to 30% of the regional median income.
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.
Means a restricted unit that is affordable to a very-low-income household.
Means a veteran as defined at N.J.S.A. 54:4-8.10.
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-311.j.
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.
[2]
Editor's Note: See 42 U.S.C. § 11301 et seq.
C.
Monitoring and Reporting Requirements.
1.
The municipality shall comply with the following monitoring and reporting requirements regarding the status of the implementation of its court-approved Housing Element and Fair Share Plan:
a.
The municipality shall provide electronic monitoring data with the Department pursuant to P.L. 2024, Chapter 2 and N.J.A.C. 5:99 through the Affordable Housing Monitoring System (AHMS). All monitoring information required to be made public by the FHA shall be available to the public on the Department's website at https://www.nj.gov/dca/dlps/hss/MuniStatusReporting.shtml.
b.
On or before February 15 of each year, the municipality shall provide annual reporting of its municipal Affordable Housing Trust Fund activity to the Department on the AHMS portal. The reporting shall include an accounting of all municipal Affordable Housing Trust Fund activity, including the sources and amounts of funds collected and the amounts and purposes for which any funds have been expended, for the previous year from January 1 to December 31.
c.
On or before February 15 of each year, the annual reporting of the status of all affordable housing activity shall be provided to the Department on the AHMS portal, for the previous year from January 1 to December 31.
D.
New Construction (per N.J.A.C. 5:93 as may be updated per various sections in N.J.A.C. 5:97 and N.J.S.A. 52:27D-301 et seq.). 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%+1 | 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 D.3.b above. Restricted 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 shall 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.
(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% of the total number of low- and moderate-income units. The number may be rounded up when the calculation results in a fraction of 0.5 or greater if the development includes a minimum of one two-bedroom affordable unit and one three-bedroom affordable unit. The number of units may be rounded down when calculation results in a fraction of 0.4 or less.
(4)
At least 30% of all low- and moderate-income units, shall be two-bedroom units. The number of units may be rounded up when the calculation results in a fraction of 0.5 or greater, or rounded down where the calculation results in a fraction of 0.4 or less.
(5)
At least 20% of all low- and moderate-income units, shall be three-bedroom units.
e.
The number may be rounded down where the calculation results in a fraction of 0.5 or less if the development includes a minimum of one two-bedroom affordable unit and one three-bedroom affordable unit. The number of units may be rounded up when the calculation results in a fraction of 0.5 or greater.
f.
The remaining units may be allocated among two- and three- bedroom units at the discretion of the developer.
g.
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 not all of the foregoing requirements in Subsection D.6.b(1) through (4) can 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.
E.
Affordable Housing Programs.
1.
Pursuant to amended UHAC regulations at N.J.A.C. 5:80-26.1 et seq. and, in addition, pursuant to P.L. 2024, c.2 and specifically to the amended FHA at N.J.S.A. 52:27D-311.m, "All parties 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." The following are many of the main provisions of the COAH regulations at either N.J.A.C. 5:93 or 5:97 that have been upheld by the NJ Supreme Court. Municipalities should consult the cited full COAH regulations when preparing the HEFSP for required documentation, etc. Additional compliance details may also be included in the specific municipal program manual.
2.
Supportive Housing and Group Homes (per N.J.A.C. 5:97-6.10).
a.
The following provisions shall apply to group homes, residential health care facilities, and supportive shared living housing:
(1)
Units are subject to Affirmative Marketing requirements, household certification, and Administrative Agent oversight; and may, with the approval of the Municipal Housing Liaison and the Administrative Agent, be leased either by the bedroom or to a single household in the case of multi-bedroom configurations, provided such arrangement is consistent with the Federal Fair Housing Act[3] (Title VIII of the Civil Rights Act of 1968).
[3]
Editor's Note: See 42 U.S.C. § 3601 et seq.
(2)
Units may, with the approval of the Administrative Agent, be subject to a master lease by an approved supportive housing operator, provided that all subleases are to be certified supportive housing households and remain fully subject to the affordability controls of this section. Rents for supportive housing units shall not exceed the rent standards established and published by the New Jersey Department of Human Services.
(3)
The unit of credit shall be the bedroom. However, the unit of credit shall be the unit if occupied by a single person or household.
(4)
Housing that is age-restricted shall be included with the maximum number of units that may be age-restricted pursuant to the Act.
(5)
Occupancy shall not be restricted to youth under 18 years of age.
(6)
In affordable developments with 20 or more restricted units that are supportive housing, two-bedroom units must compose at least 5% of those restricted units.
(7)
The bedrooms and/or units shall comply with UHAC with the following exceptions:
(a)
Affirmative marketing; however, group homes, residential health care facilities, permanent supportive housing, and supportive shared living housing shall be affirmatively marketed to broadest possible population of qualified individuals with special needs in accordance with a plan approved by the sponsoring program;
(b)
Affordability average and bedroom distribution (N.J.A.C. 5:80-26.4).
(8)
With the exception of units established with capital funding through a 20-year operating contract with the Department of Human Services, Division of Developmental Disabilities, group homes, residential health care facilities, supportive shared living housing and permanent supportive housing shall have the appropriate controls on affordability in accordance with the Act. In the event that a supportive housing provider is unable to record or execute a long-term deed restriction, the units shall be subject to annual recertification by the Municipal Housing Liaison to confirm continued occupancy and compliance with this section.
(9)
Objective standards shall be applied in the selection of tenants for supportive housing units and shall be designed to ensure that individuals are not excluded in an arbitrary or capricious manner.
(10)
The following documentation shall be submitted by the sponsor to the municipality prior to marketing the completed units or facility:
(a)
An Affirmative Marketing Plan in accordance with this subsection above; and
(b)
If applicable, proof that the supportive and/or special needs housing is regulated by the New Jersey Department of Health and Senior Services, the New Jersey Department of Human Services or another state agency in accordance with the requirements of this section, which includes validation of the number of bedrooms or units in which low- or moderate-income occupants reside.
(11)
The sponsor/owner shall complete annual monitoring as directed by the MHL.
F.
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.
G.
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 N.J.A.C. 5:80-26.4.
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:18-61.1.f, 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.
H.
Affirmative marketing.
1.
The municipality shall adopt, by resolution, an Affirmative Marketing Plan, subject to approval of the Superior Court, compliant with N.J.A.C. 5:80-26.16, as may be amended and supplemented.
2.
The Affirmative Marketing Plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of race, creed, color, national origin, ancestry, marital or familial status, gender, affectional or sexual orientation, disability, age, or number of children, to housing units which are being marketed by a developer, sponsor or owner of affordable housing. The Affirmative Marketing Plan is 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 3 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-311.j, 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 3 comprising Hunterdon, Somerset and Middlesex 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 municipality has the ultimate responsibility for adopting the Affirmative Marketing Plan and for the proper administration of the Affirmative Marketing Process, including the marketing of initial sales and rentals and resales and re-rentals. 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 Process shall describe 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. Any other entities, including developers or persons or companies retained to implement the Affirmative Marketing Process, shall comply with this paragraph.
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.
J.
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.
K.
Control Periods for Restricted Ownership Units and Enforcement Mechanisms.
1.
Control periods for restricted ownership units shall be in accordance with N.J.A.C. 5:80- 26.6, as may be amended and supplemented, and each restricted ownership unit shall remain subject to the controls on affordability for a period of at least 30 years subject to the requirements of N.J.A.C. 5:80-26.6, as may be amended and supplemented.
2.
Rehabilitated housing units that are improved to code standards shall be subject to affordability controls for a period of not less than 10 years (crediting towards present need only).
3.
The affordability control period for a restricted ownership unit shall commence on the date the initial certified household takes title to the unit. The date of commencement shall be identified in the deed restriction.
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.
After 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.
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 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 Ordinance, 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 Ordinance shall remain in effect despite the entry and enforcement of any judgment of foreclosure with respect to price-restricted ownership units.
L.
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 for a 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.
M.
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-311.k(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.
N.
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).
O.
Control Periods for Restricted Rental Units.
1.
Control periods for units that meet the definition of prior round units shall be pursuant to the 2001 UHAC rules originally adopted October 1, 2001, 33 N.J.R. 3432, and amended December 20, 2004, 36 N.J.R. 5713 and shall remain subject to the requirements of this section for a period of at least 30 years as applicable unless otherwise indicated.
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 Ordinance for a period of at least 40 years. Restricted rental units created as part of developments receiving 9% Low-Income Housing Tax Credits must comply with a control period of not less than a 30-year compliance period plus a 15-year extended use period for a total of 45 years.
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 Ordinance 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.
P.
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 1 1/2 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 Ordinance.
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.
Q.
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 Q.2.a through e above with the Administrative Agent, who shall counsel the household on budgeting.
R.
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 R.3.h above has been duly recorded.
j.
Listing on the municipal website contact information for the MHL and Administrative Agents.
S.
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, N.J.A.C. 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.
T.
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 T.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 T.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.
U.
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/day or imprisonment for a period not to exceed 90 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 released 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.
[1]
Editor's Note: This ordinance repealed former § 2632, Affordable Housing Procedural Requirements. Prior history includes Ord. No. 2009-4; Ord. No. 2017-9 § 2.
[1]
Editor's Note: Former § 2633, Affirmative Marketing Procedures, was repealed 2-23-2026 by Ord. No. 2026-05. Prior history includes Ord. No. 2009-4.
[Added 2-23-2026 by Ord. No. 2026-04[1]]
A.
Purpose.
1.
This section establishes standards for the collection, maintenance, and expenditure of development fees that are consistent with the amended Fair Housing Act (P.L. 2024, c. 2), N.J.A.C. 5:99, and the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 40:55D-8.7). Fees collected pursuant to this Ordinance shall be used for the sole purpose of providing very low-, low- and moderate-income housing in accordance with a Court-approved Spending Plan.
C.
Residential Development Fees.
1.
Imposed fees.
a.
Residential developers, except for developers of the types of development specifically exempted below, shall pay a fee of 1.5% of the equalized assessed value for residential development, provided no increased density is permitted. Development fees shall also be imposed and collected when an additional dwelling unit is added to an existing residential structure; in such cases, the fee shall be calculated based on the increase in the equalized assessed value of the property due to the additional dwelling unit.
b.
When an increase in residential density is permitted pursuant to a "d" variance granted under N.J.S.A. 40:55D-70d(5), developers shall be required to pay a "bonus" development fee of 6.0% of the equalized assessed value for each additional unit that may be realized, except that this provision shall not be applicable to a development that will include affordable housing. If the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application.
Example: If an approval allows four units to be constructed on a site that was zoned for two units, the fees could equal 1.5% of the equalized assessed value on the first two units; and the specified higher percentage of 6% of the equalized assessed value for the two additional units, provided zoning on the site has not changed during the two-year period preceding the filing of such a variance application.
2.
Eligible exactions, ineligible exactions and exemptions for residential development.
a.
Affordable housing developments, developments where the developer is providing for the construction of affordable units elsewhere in the municipality, and developments where the developer has made an eligible payment in lieu of on-site construction of affordable units, if permitted by ordinance, or by agreement with the municipality and if approved by a municipality prior to the statutory elimination of payments in-lieu on March 20, 2024, per P.L. 2024, c. 2, shall be exempt from development fees.
b.
Developments that have received preliminary or final site plan approval prior to the adoption of this section and any preceding ordinance permitting the collection of development fees shall be exempt from the payment of development fees, unless the developer seeks a substantial change in the original approval. Where a site plan approval does not apply, the issuance of a zoning and/or building permit shall be synonymous with preliminary or final site plan approval for the purpose of determining the right to an exemption. In all cases, the applicable fee percentage shall be determined based upon the development fee ordinance in effect on the date that the construction permit is issued.
c.
Development fees shall be imposed and collected when an existing structure undergoes a change to a more intense use, is demolished and replaced, or is expanded, if the expansion is not otherwise exempt from the development fee requirement. The development fee shall be calculated on the increase in the equalized assessed value of the improved structure.
d.
No development fee shall be collected for the demolition and replacement of a residential building resulting from a fire or natural disaster.
e.
Expansion of a residential building, where no new units is constructed, shall be exempt from development fees.
D.
Non-Residential Development Fees.
1.
Imposition of fees.
a.
Within all zoning districts, non-residential developers, except for developers of the types of development specifically exempted, shall pay a fee equal to 2.5% of the equalized assessed value of the land and improvements, for all new non-residential construction on an unimproved lot or lots.
b.
Within all zoning districts, non-residential developers, except for developers of the types of development specifically exempted, shall also pay a fee equal to 2.5% of the increase in equalized assessed value resulting from any additions to existing structures to be used for non-residential purposes.
c.
Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of 2.5% shall be calculated on the difference between the equalized assessed value of the pre-existing land and improvements and the equalized assessed value of the newly improved structure; i.e., land and improvements; and such calculation shall be made at the time a final certificate of occupancy is issued. If the calculation required under this section results in a negative number, the non-residential development fee shall be zero.
2.
Eligible exactions, ineligible exactions and exemptions for non-residential development.
a.
The non-residential portion of a mixed-use inclusionary or market-rate development shall be subject to a 2.5% development fee, unless otherwise exempted below.
b.
The 2.5% fee shall not apply to an increase in equalized assessed value resulting from alterations, change in use within existing footprint, reconstruction, renovations and repairs.
3.
Non-residential developments shall be exempt from the payment of non-residential development fees in accordance with the exemptions required pursuant to the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 40:55D-8.7), as specified in Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption." Any exemption claimed by a developer shall be substantiated by that developer.
4.
A developer of a non-residential development exempted from the non-residential development fee pursuant to the Statewide Non-Residential Development Fee Act shall be subject to the fee at such time as the basis for the exemption no longer applies, and shall make the payment of the non-residential development fee, in that event, within three years after that event or after the issuance of the final certificate of occupancy of the non-residential development, whichever is later.
5.
If a property that was exempted from the collection of a non-residential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this section within 45 days of the termination of the property tax exemption. Unpaid non-residential development fees under these circumstances may be enforceable by the municipality as a lien against the real property of the owner.
E.
Collection Procedures.
1.
Upon the granting of a preliminary, final or other applicable approval for a development, the applicable approving authority shall direct its staff to notify the construction official responsible for the issuance of a building permit.
2.
For non-residential developments only, the developer shall also be provided with a copy of Form N-RDF, "State of New Jersey Non-Residential Development Certification/Exemption," to be completed by the developer as per the instructions provided in the Form N-RDF. The construction official shall verify the information submitted by the non-residential developer as per the instructions provided on Form N-RDF. The Tax Assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.
3.
The construction official responsible for the issuance of a building permit shall notify the Tax Assessor of the issuance of the first construction permit for a development that is subject to a development fee.
4.
Within 90 days of receipt of that notice, the Tax Assessor shall provide an estimate, based on the plans filed, of the equalized assessed value of the development.
5.
The construction official responsible for the issuance of a final certificate of occupancy shall notify the Tax Assessor of any and all requests for the scheduling of a final inspection on property that is subject to a development fee.
6.
Within 10 business days of a request for the scheduling of a final inspection, the Tax Assessor shall confirm or modify the previously estimated equalized assessed value of the improvements associated with the development; calculate the development fee; and thereafter notify the developer of the amount of the fee.
7.
Should the municipality fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in Subsection b. of section 37 of P.L. 2008, c. 46 (N.J.S.A. 40:55D-8.6).
8.
50% of the development fee shall be collected at the time of issuance of the construction permit. The remaining portion shall be collected at the time of issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at the time of issuance of the construction permit and that determined at the time of issuance of certificate of occupancy.
F.
Appeal of Development Fees.
1.
A developer may challenge residential development fees imposed by filing a challenge with the County Board of Taxation. Pending a review and determination by that board, collected fees shall be placed in an interest-bearing escrow account by the municipality. Appeals from a determination of the board may be made to the Tax Court in accordance with the provisions of the State Tax Uniform Procedure Law, R.S. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
2.
A developer may challenge non-residential development fees imposed by filing a challenge with the director of the Division of Taxation. Pending a review and determination by the director, which shall be made within 45 days of receipt of the challenge, collected fees shall be placed in an interest- bearing escrow account by the municipality. Appeals from a determination of the director may be made to the Tax Court in accordance with the provisions of the State Tax Uniform Procedure Law, R.S. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
G.
Affordable Housing Trust Fund.
1.
A separate, interest-bearing Municipal Affordable Housing Trust Fund shall be maintained by the chief financial officer of the municipality for the purpose of depositing development fees collected from residential and non-residential developers and proceeds from the sale of units with extinguished controls.
2.
The following additional funds shall be deposited in the Municipal Affordable Housing Trust Fund and shall at all times be identifiable by source and amount:
a.
Payments in lieu of on-site construction of an affordable unit, where previously permitted by ordinance or by agreement with the municipality and if approved by a municipality prior to the statutory elimination of payments in-lieu on March 20, 2024, per P.L. 2024, c. 2;
b.
Funds contributed by developers to make 10% of the adaptable entrances in a townhouse or other multistory attached dwelling unit development accessible;
c.
Rental income from municipally operated units;
d.
Repayments from affordable housing program loans;
e.
Recapture funds;
f.
Proceeds from the sale of affordable units; and
g.
Any other funds collected in connection with the municipal affordable housing program including but not limited to interest earned on fund deposits.
3.
The municipality shall provide the Division with written authorization, in the form of a tri-party escrow agreement(s) between the municipality, the Division and the financial institution in which the municipal affordable housing trust fund has been established to permit the Division to direct the disbursement of the funds as provided for in N.J.A.C. 5:99-2.1 et seq.
4.
Occurrence of any of the following deficiencies may result in the Division requiring the forfeiture of all or a portion of the funds in the municipal Affordable Housing Trust Fund:
a.
Failure to meet deadlines for information required by the Division in its review of a development fee ordinance;
b.
Failure to commit or expend development fees within four years of the date of collection in accordance with N.J.A.C. 5:99-5.5;
c.
Failure to comply with the requirements of the Non-Residential Development Fee Act and N.J.A.C. 5:99-3;
d.
Failure to submit accurate monitoring reports pursuant to this subchapter within the time limits imposed by the Act, this chapter, and/or the Division;
e.
Expenditure of funds on activities not approved by the Superior Court or otherwise permitted by law;
f.
Revocation of compliance certification or a judgment of compliance and repose;
g.
Failure of a municipal housing liaison or administrative agent to comply with the requirements set forth at N.J.A.C. 5:99-6, 5:99-7, and 5:99-8;
h.
Other good cause demonstrating that municipal affordable housing funds are not being used for an approved purpose.
5.
All interest accrued in the housing trust fund shall only be used on eligible affordable housing purposes approved by the Court.
H.
Use of Funds.
1.
The expenditure of all funds shall conform to a Spending Plan approved by Superior Court. Funds deposited in the municipal Affordable Housing Trust Fund may be used for any activity approved by the Court to address the fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to: preservation or purchase of housing for the purpose of maintaining or implementing affordability controls; housing rehabilitation; new construction of affordable housing units and related costs; accessory apartments; a market-to-affordable program; conversion of existing non-residential buildings to create new affordable units; green building strategies designed to be cost-saving and in accordance with accepted national or state standards; purchase of land for affordable housing; improvement of land to be used for affordable housing; extensions or improvements of roads and infrastructure to affordable housing sites; financial assistance designed to increase affordability; administration necessary for implementation of the Housing Element and Fair Share Plan; and/or any other activity permitted by Superior Court and specified in the approved Spending Plan.
2.
Funds shall not be expended to reimburse the municipality or activities that occurred prior to the authorization of a municipality to collect development fees.
3.
At least a portion of all development fees collected and interest earned shall be used to provide affordability assistance to very-low-, low- and moderate-income households in affordable units included in the municipal Fair Share Plan. A portion of the development fees which provide affordability assistance shall be used to provide affordability assistance to very-low-income households.
a.
Affordability assistance programs may include down payment assistance, security deposit assistance, low-interest loans, rental assistance, assistance with homeowners association or condominium fees and special assessments, infrastructure assistance, and assistance with emergency repairs. The specific programs to be used for affordability assistance shall be identified and described within the Spending Plan.
b.
Affordability assistance for very-low-income households may include producing very-low-income units or buying down the cost of low- or moderate-income units in the municipal Fair Share Plan to make them affordable to households earning 30% or less of median income.
4.
No more than 20% of all affordable housing trust funds, exclusive of those collected to fund an RCA prior to July 17, 2008, shall be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultants' fees necessary to develop or implement a new construction program, prepare and implement a Housing Element and Fair Share Plan, administer an Affirmative Marketing Program and for compliance with the Superior Court and the Program including the costs to the municipality of resolving a challenge.
I.
Monitoring.
1.
On or before February 15 of each year, the municipality shall provide annual electronic data reporting of trust fund activity for the previous year from January 1 to December 31 through the AHMS Reporting System. This reporting shall include an accounting of all Municipal Affordable Housing Trust Fund activity, including the sources and amounts of all funds collected and the amounts and purposes for which any funds have been expended. Such reporting shall include an accounting of development fees collected from residential and non-residential developers, previously eligible payments in lieu of constructing affordable units on site (if permitted by ordinance or by agreement with the municipality prior to the March 20, 2024, statutory elimination per P.L. 2024, c. 4), funds from the sale of units with extinguished controls, barrier-free escrow funds, rental income from municipally-owned affordable housing units, repayments from affordable housing program loans, interest and any other funds collected in connection with municipal housing programs, as well as an accounting of the expenditures of revenues and implementation of the Spending Plan approved by the Court.
J.
Ongoing Collection of Fees.
1.
The ability to impose, collect and expend development fees shall continue so long as the municipality retains authorization from the Court in the form of Compliance Certification or the good faith effort to obtain it.
2.
If the municipality fails to renew its ability to impose and collect development fees prior to the expiration of its Judgment of Compliance, it may be subject to forfeiture of any or all funds remaining within its Affordable Housing Trust Fund. Any funds so forfeited shall be deposited into the New Jersey Affordable Housing Trust Fund established pursuant to section 20 of P.L. 1985, c. 222 (N.J.S.A. 52:27D-320).
K.
Emergent Affordable Housing Opportunities. Requests to expend affordable housing trust funds on emergent affordable housing opportunities not included in the municipal fair share plan shall be made to the Division and shall be in the form of a governing body resolution. Any request shall be consistent with N.J.A.C. 5:99-4.1.
[1]
Editor's Note: This ordinance repealed former § 2634, Affordable Housing Development Fees. Prior history includes Ord. Nos. 13A-2000, 2001-7, 1-2002, 2005-7, 2005-22, 2008-9, 2008-13 and 2009-3.
[Ord. No. 2009-15; Ord. No. 2017-10; amended 4-11-2022 by Ord. No. 2022-3]
A.
This requirement shall apply beginning with the effective date of this section to any multifamily or single-family attached residential development, including the residential portion of a mixed-use project, which consists of five or more new residential units, whether permitted by a zoning amendment, a variance granted by the Planning Board, or adoption of a redevelopment plan or amended redevelopment plan in areas in need of redevelopment or rehabilitation.
B.
For any such development for which the Borough's land use ordinances (e.g., zoning or an adopted redevelopment plan) already permitted residential development as of the effective date of Ordinance No. 2017-10, adopted August 14, 2017, this requirement shall only apply if the Borough permits an increase in the gross residential density to at least twice the permitted density as calculated based upon the zone district's permitted front setback, side setback, rear setback, principal building height, floor area ratio, and impervious coverage (excluding § 2637).
C.
For inclusionary projects in which the low- and moderate-units are to be offered for sale, the set-aside percentage should be 20%, for projects in which the low- and moderate-income units are to be offered for rent, the set-aside percentage should be 15%.
D.
The developer shall provide that half of the low- and moderate-income units constructed be affordable by low-income households and that the remaining half be affordable by moderate-income households. At least 13% of all restricted units shall be very low-income units (affordable to a household earning 30% or less of median income). The very low-income units shall be counted as part of the required number of low-income units within the development.
E.
Subdivision and site plan approval shall be denied by the Board unless the developer complies with the requirements to provide low- and moderate-income housing pursuant to the provisions of this section. A property shall not be permitted to be subdivided so as to avoid meeting this requirement. The Board may impose any reasonable conditions to ensure such compliance.
F.
Nothing in this subsection precludes the Borough from imposing an affordable housing set-aside in a development not required to have a set-aside pursuant to this subsection consistent with N.J.S.A. 52:27D-311(h) and other applicable law.
G.
This requirement does not create any entitlement for a property owner or applicant for a zoning amendment, variance, or adoption of a redevelopment plan or amended redevelopment plan in areas in need of redevelopment or rehabilitation, or for approval of any particular proposed project.
H.
This requirement does not apply to any sites or specific zones otherwise identified in the Fair Share Plan, for which density and set-aside standards shall be governed by the specific standards set forth therein.
[Ord. No. 2012-01]
A.
Green roofs shall not contribute toward impervious cover calculations.
B.
With the exception of pedestrian, bicycle and vehicle circulation routes, impervious surfaces shall be disconnected, such that the contributing flow path is no more than 75 feet.
C.
The impervious cover limits for all commercial and multi-family developments which disturb 2,000 square feet or more or proposes to increase impervious cover by 200 square feet or more shall be subject to the following:
1.
The permitted impervious cover shall be 20 percentage points below that which is permitted from the maximum identified in the zone district unless the following conditions are met:
[Ord. No. 2012-01]
A.
Community gardening where permitted shall be exempt from site plan approval. Community garden structures and uses shall not be required to meet the setback requirements of the zone district but instead shall have a minimum setback of 5 feet from all property lines.
1.
Site users must have an established set of operating rules addressing the governance structure of the garden, hours of operation, maintenance and security requirements and responsibilities; a garden coordinator to perform the coordinating role for the management of the community gardens and to liaise with the Borough; and must assign garden plots in a fair and impartial manner according to the operating rules established for that garden. The name and telephone number of the garden coordinator and a copy of the operating rules shall be kept on file at the Borough Clerk's office.
2.
The site shall be designed and maintained so that water will not drain onto adjacent properties.
3.
There shall be no retail sales on site, except for whole fresh products grown on the site, such as fruit, vegetables and flowers.
4.
No building or structures shall be permitted on the site with the exception of storage sheds, greenhouses that consist of buildings made of glass, plastic, or fiberglass in which plants are cultivated, benches, bike racks, raised/accessible planting beds, compost or waste bins, picnic tables, seasonal farm stands, fences, garden art, rain barrel systems, and children's play areas shall be permitted. The combined area of all buildings or structures shall not exceed 15 percent of the garden areas.
5.
Any signs and fences shall comply with applicable Borough ordinances.
B.
Outdoor planters and rooftop gardens shall be exempt from setback requirements and site plan approval.
[Ord. No. 2012-01]
A.
Solar facilities shall be permitted to be accessory uses which may be ground mounted and mounted to principal and accessory structures and buildings. Facilities which constitute principal uses, pursuant to Section 1201, shall be prohibited.
B.
Applicants are encouraged to enter into solar easements with neighboring property owners in order to ensure continuing access to sunlight for a solar facility.
C.
Solar facilities do not count in the calculation of maximum lot coverage or maximum impervious cover, unless the area under the system (excluding the footings) consists of an impervious material, such as pavement. Nevertheless, the design of the systems shall comply with all Borough stormwater, grading, and soil disturbance regulations.
D.
A zoning permit must be issued for all systems.
E.
Ground systems shall meet the side and rear yard setback standards for accessory structures in the zone which the structure is located.
F.
Ground systems shall not be located in the front yard.
G.
Ground mounted facilities greater than 1,000 square feet shall meet the following:
1.
One or more of the following must be provided beneath the structures: meadow, grass, agricultural area for crops, or parking spaces.
2.
Site disturbance including but not limited to, grading, soil removal, excavation, and soil compaction, including beneath a ground mounted system, shall be minimized to the extent practical.
3.
Mounting of the solar structures shall minimize impervious surfaces except for concrete footings or other support systems.
4.
Ground systems shall have a solid screen of evergreen plantings and/or a fence shall be provided along property lines shared with a residential zone district and rights-of-way.
5.
The minimum height of the screening shall be 8 feet when planted.
6.
Existing vegetation shall be retained to the extent practical.
H.
All electrical control equipment shall be labeled and secured to prevent unauthorized access.
I.
There shall be no signs that are visible from any public road posted on a solar facility or any associated building or structure, except for the manufacturer's or installer's identification, appropriate warning signs, or owner identification.
J.
Roof mounted systems shall be mounted parallel to the roof angle and shall not exceed a height of 18 inches above the roofline. Notwithstanding, systems shall not exceed the maximum building height in the zone district.
K.
The following standards apply to properties within the Borough's historic district where the solar panels will be visible from a public right-of-way within the historic district:
1.
Installation of solar panels shall not alter significant or character-defining features of a historic resource, such as altering existing roof lines or dormers. Installations that obstruct views of significant architectural features (such as overlaying windows or decorative detailing) or intrude on views of neighboring historic properties in an historic district shall be prohibited.
2.
Roof mounted systems shall be mounted parallel to the roof angle and shall not exceed a height of 6 inches above the roofline. Notwithstanding, systems shall not exceed the maximum building height in the zone district.
3.
On flat roofs, solar panels shall be set back from the edge so that they are not visible from the public right-of-way.
4.
Solar panels should be located on one roof plane (as opposed to scattered among several roofs) and arranged in a pattern that matches the general shape and configuration of the roof upon which they are mounted.
5.
Ensure that solar panels, support structures, and conduits blend into the surrounding features of the historic resource. The overall visibility and reflectivity of solar panels and their support structures can be substantially reduced if elements of the solar installation match the surrounding building fabric in color.
6.
Solar panel installations should be reversible. The use of solar roof tiles, laminates, glazing, and other technologies that require the removal of intact historic fabric or that permanently alter or damage such fabric should be avoided. Consider the type and condition of the existing building fabric for which solar panels installation is proposed, as well as the method of attachment and future removal. Minimizing the number of points of attachment, including the use of brackets, will avoid damaging historic fabric.
L.
A permit issued pursuant to this Ordinance shall expire if:
1.
The solar or photovoltaic facility is not installed and functioning within 24 months from the date the permit is issued; or
2.
The solar or photovoltaic facility is out of service or otherwise unused for a continuous 18-month period.
3.
A solar or photovoltaic facility that is out-of-service for a continuous 12 -month period will be deemed to have been abandoned.
4.
The Borough may issue a Notice of Abandonment to the owner of a solar or photovoltaic facility that is deemed to have been abandoned. The notice shall be sent return receipt requested.
5.
The owner shall have the right to respond to the Notice of Abandonment within 30 days from notice receipt date.
6.
If the owner provides information that demonstrates the solar or photovoltaic facility has not been abandoned, the Borough shall withdraw the Notice of Abandonment and notify the owner that the notice has been withdrawn.
7.
If the Borough determines that the solar or photovoltaic facility has been abandoned, the owner of the solar or photovoltaic facility shall remove the photovoltaic panels, inverters, interconnection hardware, substations, racking or mounting structures, fencing, and all other structures and equipment at the owner's sole expense within 6 months after the owner receives the Notice of Abandonment.
8.
If the owner fails to remove the equipment in the time allowed under Subsection L7 above, the Borough may pursue legal action to have the solar or photovoltaic facility removed at the owner's expense.
[Added 2-23-2026 by Ord. No. 2026-02]
[1]
Editor's Note: Former § 2640, Redevelopment Office/Senior Housing Overlay District, was repealed 9-23-2024 by Ord. No. 2024-19. Prior history includes: Ord. No. 2011-26.
[Added 2-23-2026 by Ord. No. 2026-02]
A.
The provisions of this chapter shall be administered and enforced by the Zoning Officer, Police Department, or Code Enforcement Official of the Borough. In no case shall a permit be granted for the construction, alteration or use of any building where the proposed construction, alteration or use thereof would be in violation of any provision of this chapter. It shall be the duty of the Zoning Officer or their duly authorized assistant to cause any building, plans or premises to be inspected or examined and to order in writing the remedying of any conditions found to exist in violation of any provision of this chapter.
B.
Zoning violations. Each of the following types, categories or classes of cases may be prosecuted by the Borough Prosecutor or the Borough Attorney in the appropriate forum by the filing therewith of a summons by the Zoning Officer or Engineer of the Borough or their designee:
1.
Violation of any site plan or subdivision approval granted by the Borough's Joint Planning/Zoning Board ("Board"), including the failure or refusal to comply with any details set forth in the approved plans or any condition or conditions of approval as set forth in the approving Board's resolution;
2.
Violation of any "D" variance approval granted by the Board;
3.
Violation of any "C" variance granted by the Board;
4.
Violation of any easement granted to or running in favor of the Borough of Flemington or to any other municipal entity, body or board;
5.
Violation of any court order (including a consent order) issued by a judge of any court of competent jurisdiction relative to any land use or land development case or controversy;
6.
Violation of any zoning agreement entered into between the Borough and any property owner;
7.
Violation of any agreement between the Borough and a named defendant which was entered into to resolve a Municipal Court zoning case; or
8.
Violation of any requirement of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., relative to any land within the Borough of Flemington.
[Added 2-23-2026 by Ord. No. 2026-02]
Zoning permits shall hereafter be requested from the Zoning Officer prior to construction, erection or alteration of any structure or part of a structure or use of a structure or land. All requests for zoning permits shall be made in writing by the owner or his authorized agent and shall include a statement of the use or intended use of the building or structure or land and shall be accompanied by a plan of the plat showing thereon the exact size, shape and location of all proposed structures and all existing structures and such other information as may be necessary to provide for the enforcement of this chapter.
[Added 2-23-2026 by Ord. No. 2026-02]
It shall be unlawful to use or permit the use of any building or premises or part thereof hereafter created, located, erected, changed in use or ownership, converted or enlarged wholly or partly until a certificate of occupancy has been issued for that premises certifying that the structure or use complies with the provisions of this chapter. Such certificates of occupancy shall be granted or denied within 10 days from the date that a written application is filed with the Zoning Officer and Construction Official.
[Added 2-23-2026 by Ord. No. 2026-02]
The owner or agent of a building or premises where and upon which a violation of any provision of these regulations shall have been committed or shall exist, or the lessee or tenant of any part of the building or premises in which such violation shall have been committed or shall exist, or the agent, architect, building contractor or any other person who shall commit, take part or assist in any such violation or who shall maintain any building or premises in which any violation of this chapter shall exist, shall for each and every violation, after plea, trial, and/or conviction by the Municipal Court Judge, be fined not exceeding $500 or imprisoned for a term not to exceed 90 days, or both. For each and every day that a violation is permitted or suffered to exist, a separate offense shall be construed to have been perpetrated.
[Added 2-23-2026 by Ord. No. 2026-02]
In case any development is undertaken, occupied or used in violation of this chapter or any rule, regulation or order made under the authority of this chapter, or in case such violation is threatened, the Zoning Officer, in his own official behalf or on behalf of the municipality or any municipal agency or any interested party, in addition to other remedies, may institute any appropriate action or proceedings to prevent such violation or to restrain, correct or abate such violation or to prevent any illegal act, conduct, business, occupancy or use in or about the premises that are the subject of the development; provided that no such action or proceeding shall be instituted by the Zoning Officer in any court other than the Municipal Court, except in case of emergency, unless the governing body shall first have authorized the same.
[Added 2-23-2026 by Ord. No. 2026-02]
The Zoning Officer shall maintain in this office a record of all development permits and development certificates of occupancy and all actions, proceedings or complaints taken, instituted or filed by him.
[Prior § 2641 Mixed-Use Multifamily Overlay Zone was repealed 9-11-2023 by Ord. No. 2023-23. History includes Ord. No. 2020-2.]