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;
P. To plan adequately for the timely provision of new community facilities, including but not limited to:
5. Bicycle lanes and pedestrian paths;
6. Municipal facilities; and
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]
ALTERNATIVE TREATMENT CENTER 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.
CANNABIS CONSUMPTION AREA 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.
CANNABIS CULTIVATOR 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.
CANNABIS ESTABLISHMENT 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.
CANNABIS RETAILER 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.
CUMA 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.
MEDICAL CANNABIS CULTIVATOR 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.
MEDICAL CANNABIS DISPENSARY 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.
RECREATIONAL CANNABIS ACT 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.
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.
[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]
1. Cannabis Retailer: Two (2). This limitation is inclusive of Recreational Dispensaries, Medical Dispensaries and Alternative Treatment Centers.
2. Cannabis Cultivator: Two (2). This limitation is inclusive of Recreational Cannabis Cultivators and Medical Cannabis Cultivators.
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.
[Ord. No. 2017-10]
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]
[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]
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:
4. Indoor and outdoor recreation.
6. Higher education and training.
12. Health and fitness facilities.
13. 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.
14. 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.
5. Storage and maintenance buildings.
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.
3. Retail sales and services meeting the following criteria:
a. Minimum lot size: one acre.
b. Minimum lot width: 200 feet.
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. Contractor use.
a. The hours of operation and all site deliveries shall be between 7:00 a.m. and 9:00 p.m.
b. Outdoor storage of materials and equipment shall be prohibited.
c. All activities, with the exception of employee and visitor parking, shall be within an enclosed building.
6. Light industrial.
a. The hours of operation and all site deliveries shall be between 7:00 a.m. and 9:00 p.m.
b. Outdoor storage of materials shall be prohibited.
c. All activities, with the exception of employee and visitor parking, shall be within an enclosed building.
7. Repair facilities.
a. The hours of operation and all site deliveries shall be between 7:00 a.m. and 9:00 p.m.
b. Outdoor storage of materials shall be prohibited.
c. All activities, with the exception of employee and visitor parking, shall be within an enclosed building.
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. |
F. Additional regulations.
1. Outdoor storage of materials shall be prohibited.
2. All equipment and materials stored on the site shall be placed within an enclosed building.
3. Surface parking shall not be located less than 25 feet from a public road or less than 15 feet from a residentially zoned lot.
[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]
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:
2. Indoor/Outdoor recreation.
4. Higher education and training.
11. 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.
6. Storage and maintenance buildings.
D. Conditional Uses Permitted. The following uses may be permitted when authorized as a conditional use by the Planning Board.
1. Office and Medical Office.
a. 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.
b. Corporate offices may be permitted only if they constitute at least 7,500 square feet of an existing building.
c. 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.
d. Floor area ratio shall not exceed 0.25.
e. Minimum lot area shall be 40,000 square feet.
f. Parking shall comply with §
2629 Parking.
g. Signs shall comply with §
2631 Signs.
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.
4. Retail Services.
a. Retail service uses that face a public street shall be located on the upper stories, with the exception of the building entrance.
b. Retail service uses that do not face a public street may be located on the first floor.
5. Health and fitness facilities.
a. Health and fitness facilities uses that face a public street shall be located on the upper stories, with the exception of the building entrance.
b. Health and fitness facilities uses 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 | Min. Front Yard | Min. Side Yard | Min. Rear Yard | Max. Height | Max. Impervious Surface Ratio |
---|
Principal building | 65,000 square feet | 150' | 200' | 35' | 15' | 50' | 40' (1) | 0.82 |
Accessory building (2) | | | | NP | 15' | 30' | 18' | |
Municipal use | 2,000 | 20' | 50' | 5' | 5' | 5' | | 35' |
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. |
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.
1. The following incentives for the creation of public gathering spaces, including theaters or indoor/outdoor recreation that is available to the public, are provided:
a. The application fees related to outdoor seating, theaters, and indoor/outdoor recreation shall be waived.
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]
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.
[Amended 6-28-2021 by Ord. No. 2021-15]
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.
a. The use is permitted in the DB district, excluding office uses (office uses are not subject to the exemption);
b. The use does not require d variance relief pursuant to N.J.S.A. 40:55d-70d.
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) |
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Housing Unit Type/Size(2) | Parking Space Requirement |
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Single-Family Detached | |
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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 [Amended 9-11-2023 by Ord. No. 2023-24] |
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Nonresidential Land Principal Use | Required Off-Street Parking Spaces Per Indicated Area |
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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 [Added 5-26-2020 by Ord. No. 2020-7] | 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. When housing is included in mixed-use development, a shared parking approach to the provision of parking shall be permitted, provided however the applicant demonstrates the adequacy of parking for the development in accordance with best design practice.
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.
[Amended 6-28-2021 by Ord. No. 2021-15]
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.
[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]
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 7 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 7 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 or like campaign, drive or event; provided that the total area of all such signs on a lot shall not exceed 8 square feet.
(4) Temporary banners.
The zoning officer may issue a permit for a banner that meets the following conditions:
(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.
[Ord. No. 2016-12; amended 6-10-2019 by Ord. No. 2019-12]
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. Where a conflict arises, the document with more specificity shall prevail.
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:
(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:
(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.
(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.
6. Lighting.
a. Permitted lighting for illuminated signs shall be limited to that concentrated upon the face of the sign. If any such sign is situated within 20 feet of a street, the direct source of light shall not be visible from the street or any neighboring lots or uses.
[Ord. Nos. 13A-2000, 2001-7, 1-2002, 2005-7, 2005-22, 2008-9, 2008-13 and 2009-3]
A. Purpose.
1. In Holmdel Builder's Association V. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985 (the Act), N.J.S.A. 52:27D-301 et seq., and the State Constitution, subject to the Council on Affordable Housing's (COAH's) adoption of rules.
2. Pursuant to P.L. 2008, c.46 Section 8 (N.J.S.A. 52:27D-329.2) and the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 8.7), COAH is authorized to adopt and promulgate regulations necessary for the establishment, implementation, review, monitoring and enforcement of municipal affordable housing trust funds and corresponding spending plans. Municipalities that are under the jurisdiction of the Council or court of competent jurisdiction and have a COAH-approved spending plan may retain fees collected from nonresidential development.
3. This section establishes standards for the collection, maintenance, and expenditure of development fees pursuant to COAH's regulations and in accordance with P.L. 2008, c.46, Sections 8 and 32 through 38. Fees collected pursuant to this section shall be used for the sole purpose of providing low- and moderate-income housing. This section shall be interpreted within the framework of COAH's rules on development fees, codified at N.J.A.C. 5:97-8.
B. Basic Requirements.
1. This section shall not be effective until approved by COAH pursuant to N.J.A.C. 5:96-5.1.
2. Flemington Borough shall not spend development fees until COAH has approved a plan for spending such fees in conformance with N.J.A.C. 5:97-8.10 and N.J.A.C. 5:96-5.3.
C. Definitions.
As used in this section, the following terms shall have the following meanings:
AFFORDABLE HOUSING DEVELOPMENT A development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100 percent affordable development.
COAH OR THE COUNCIL The New Jersey Council on Affordable Housing established under the Act which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning consideration in the State.
DEVELOPMENT The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT FEE Money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:97-8.3.
EQUALIZED ASSESSED VALUE The assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with Sections 1, 5, and 6 of P.L.1973, c.123 (N.J.S.A. 54:1-35a through 54:1-35c).
GREEN BUILDING STRATEGIES Those strategies that minimize the impact of development on the environment, and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.
D. Residential Development Fees.
1. Imposed Fees.
a. All residential developers, except for developers of the types of development specifically exempted below, shall pay a fee of 1.5% of the equalized assessed value for residential development provided no increased density is permitted.
b. When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5) (known as a "d" variance) has been permitted, developers may be required to pay a development fee of 6% of the equalized assessed value for each additional unit that may be realized. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application.
2. Eligible Exactions, Ineligible Exactions and Exemptions for Residential Development.
a. Affordable housing developments and developments where the developer has made a payment in lieu of on-site construction of affordable units shall be exempt from development fees.
b. Development fees shall not be imposed where reconstruction results from fire, flood or natural disaster.
c. Developments that have received preliminary or final site plan approval prior to the adoption of municipal development fee ordinance shall be exempt from development fees, unless the developer seeks a substantial change in the approval. Where a site plan approval does not apply, a zoning and/or building permit shall be synonymous with preliminary or final site plan approval for this purpose. The fee percentage shall be vested on the date that the building permit is issued.
d. Expansion of a residential building, where no new units is constructed, shall be exempt from development fees.
e. Development fees shall be imposed and collected when an existing structure undergoes a change to a more intense use or is demolished and replaced 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.
E. Nonresidential Development Fees.
1. Imposed Fees.
a. Within all zoning districts, nonresidential developers, except for developers of the types of development specifically exempted, shall pay a fee equal to 2.5% of the equalized assessed value of the land and improvements, for all new nonresidential construction on an unimproved lot or lots.
b. Nonresidential developers, except for developers of the types of development specifically exempted, shall also pay a fee equal to 2.5% of the increase in equalized assessed value resulting from any additions to existing structures to be used for nonresidential purposes.
c. Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of 2.5% shall be calculated on the difference between the equalized assessed value of the pre-existing land and improvement and the equalized assessed value of the newly improved structure, i.e. land and improvement, at the time final certificate of occupancy is issued. If the calculation required under this section results in a negative number, the nonresidential development fee shall be zero.
2. Eligible Exactions, Ineligible Exactions and Exemptions for Nonresidential Development.
a. The nonresidential portion of a mixed-use inclusionary or market rate development shall be subject to the 2.5% development fee, unless otherwise exempted below.
b. The 2.5% fee shall not apply to any increase in equalized assessed value resulting from alterations, change in use within existing footprint, reconstruction, renovations and repairs.
c. Nonresidential developments shall be exempt from the payment of nonresidential development fees in accordance with the exemptions required pursuant to P.L. 2008, c.46, as specified in the Form N-RDF "State of New Jersey Non-Residential Development Certification/ Exemption" Form. Any exemption claimed by a developer shall be substantiated by that developer.
d. A developer of a nonresidential development exempted from the nonresidential development fee pursuant to P.L. 2008, c.46 shall be subject to it at such time the basis for the exemption no longer applies, and shall make the payment of the nonresidential development fee, in that event, within three years after that event or after the issuance of the final certificate of occupancy of the nonresidential development, whichever is later.
e. If a property which was exempted from the collection of a nonresidential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this section within 45 days of the termination of the property tax exemption. Unpaid nonresidential development fees under these circumstances may be enforceable by Flemington Borough as a lien against the real property of the owner.
F. Collection Procedures.
1. Upon the granting of a preliminary, final or other applicable approval for a development, the applicable approving authority shall direct its staff to notify the Construction Official responsible for the issuance of a building permit.
2. For nonresidential developments only, the developer shall also be provided with a copy of Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption" to be completed as per the instructions provided. The developer of a nonresidential development shall complete Form N-RDF as per the instructions provided. The Construction Official shall verify the information submitted by the nonresidential developer as per the instructions provided in the Form N-RDF. The Tax Assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.
3. The Construction Official responsible for the issuance of a building permit shall notify the local Tax Assessor of the issuance of the first building permit for a development which is subject to a development fee.
4. Within 90 days of receipt of that notice, the Tax Assessor, based on the plans filed, shall provide an estimate of the equalized assessed value of the development.
5. The Construction Official responsible for the issuance of a final certificate of occupancy notifies the Tax Assessor of any and all requests for the scheduling of a final inspection on property which is subject to a development fee.
6. Within 10 business days of a request for the scheduling of a final inspection, the Tax Assessor shall confirm or modify the previously estimated equalized assessed value of the improvements of the development, calculate the development fee, and thereafter notify the developer of the amount of the fee.
7. Should Flemington Borough 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. Fifty (50%) percent of the development fee shall be collected at the time of issuance of the building permit. The remaining portion shall be collected at the issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at building permit and that determined at issuance of certificate of occupancy.
9. Appeal of Development Fees.
a. A developer may challenge residential development fees imposed by filing a challenge with the County Board of Taxation. Pending a review and determination by the Board, collected fees shall be placed in an interest-bearing escrow account by Flemington Borough. Appeals from a determination of the Board may be made to the tax court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
b. A developer may challenge nonresidential development fees imposed by filing a challenge with the Director of the Division of Taxation. Pending a review and determination by the Director, which shall be made within 45 days of receipt of the challenge, collected fees shall be placed in an interest-bearing escrow account by Flemington Borough. Appeals from a determination of the Director may be made to the tax court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
G. Affordable Housing Trust Fund.
1. There is hereby created a separate, interest-bearing housing trust fund to be maintained by the Chief Financial Officer for the purpose of depositing development fees collected from residential and nonresidential developers and proceeds from the sale of units with extinguished controls.
2. The following additional funds shall be deposited in the affordable housing trust fund and shall at all times be identifiable by source and amount:
a. Payments in lieu of on-site construction of affordable units;
b. Developer-contributed funds to make 10% of the adaptable entrances in a townhouse or other multistory attached development accessible;
c. Rental income from municipally operated units;
d. Repayments from affordable housing program loans;
f. Proceeds from the sale of affordable units; and
g. Any other funds collected in connection with Flemington Borough's affordable housing program.
3. Within 7 days from the opening of the trust fund account, Flemington Borough shall provide COAH with written authorization, in the form of a three-party escrow agreement between the municipality, the bank and COAH to permit COAH to direct the disbursement of the funds as provided for in N.J.A.C. 5:97-8.13(b).
4. All interest accrued in the housing trust fund shall only be used on eligible affordable housing activities approved by COAH.
H. Use of Funds.
1. The expenditure of all funds shall conform to a spending plan approved by COAH. Funds deposited in the housing trust fund may be used for any activity approved by COAH to address Flemington Borough's fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to: preservation or purchase of housing for the purpose of maintaining or implementing affordability controls, rehabilitation, new construction of affordable housing units and related costs, accessory apartment, market to affordable, or regional housing partnership programs, conversion of existing nonresidential buildings to create new affordable units, green building strategies designed to be cost saving and in accordance with accepted national or state standards, purchase of land for affordable housing, improvement of land to be used for affordable housing, extensions or improvements of roads and infrastructure to affordable housing sites, financial assistance designed to increase affordability, administration necessary for implementation of the Housing Element and Fair Share Plan, or any other activity as permitted pursuant to N.J.A.C. 5:97-8.7 through 5:97-8.9 and specified in the approved spending plan.
2. Funds shall not be expended to reimburse Flemington Borough for past housing activities.
3. At least 30% of all development fees collected and interest earned shall be used to provide affordability assistance to low- and moderate-income households in affordable units included in the municipal Fair Share Plan. One-third (1/3) of the affordability assistance portion of development fees collected shall be used to provide affordability assistance to those households earning 30% or less of median income by region.
a. Affordability assistance programs may include down payment assistance, security deposit assistance, low interest loans, rental assistance, assistance with homeowners' association or condominium fees and special assessments, and assistance with emergency repairs.
b. Affordability assistance to households earning 30% or less of median income may include buying down the cost of low- or moderate-income units in the municipal Fair Share Plan to make them affordable to households earning 30% or less of median income. The use of development fees in this manner shall entitle Flemington Borough to bonus credits pursuant to N.J.A.C. 5:97-3.7.
c. Payments in lieu of constructing affordable units on site and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirement.
4. Flemington Borough may contract with a private or public entity to administer any part of its Housing Element and Fair Share Plan, including the requirement for affordability assistance, in accordance with N.J.A.C. 5:96-18.
5. No more than 20% of all revenues collected from development fees, may be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultant fees necessary to develop or implement a new construction program, a Housing Element and Fair Share Plan, and/or an affirmative marketing program. In the case of a rehabilitation program, no more than 20% of the revenues collected from the development fees shall be expended for such administrative expenses. Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with COAH's monitoring requirements. Legal or other fees related to litigation opposing affordable housing sites or objecting to the Council's regulations and/or action are not eligible uses of the affordable housing trust fund.
I. Monitoring.
1. Flemington Borough shall complete and return to COAH all monitoring forms included in monitoring requirements related to the collection of development fees from residential and nonresidential developers, payments in lieu of constructing affordable units on site, funds from the sale of units with extinguished controls, barrier-free escrow funds, rental income, repayments from affordable housing program loans, and any other funds collected in connection with Flemington Borough's housing program, as well as to the expenditure of revenues and implementation of the plan certified by COAH. All monitoring reports shall be completed on forms designed by COAH.
J. Ongoing Collection of Fees.
1. The ability for Flemington Borough to impose, collect and expend development fees shall expire with its substantive certification unless Flemington Borough has filed an adopted Housing Element and Fair Share Plan with COAH, has petitioned for substantive certification, and has received COAH's approval of its development fee ordinance. If Flemington Borough fails to renew its ability to impose and collect development fees prior to the expiration of substantive certification, it may be subject to forfeiture of any or all funds remaining within its municipal trust fund. Any funds so forfeited shall be deposited into the "New Jersey Affordable Housing Trust Fund" established pursuant to Section 20 of P.L. 1985, c.222 (N.J.S.A. 52:27D-320). Flemington Borough shall not impose a residential development fee on a development that receives preliminary or final site plan approval after the expiration of its substantive certification or judgment of compliance, nor shall Flemington Borough retroactively impose a development fee on such a development. Flemington Borough shall not expend development fees after the expiration of its substantive certification or judgment of compliance.
[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.
[Prior § 2641 Mixed-Use Multifamily Overlay Zone was repealed 9-11-2023 by Ord. No. 2023-23. History includes Ord. No. 2020-2.]