Editor's Note: See Chapter 31 for Planning Board Acting as Zoning Board of Adjustment. All references to the "Zoning Board," "Board of Adjustment" or "Zoning Board of Adjustment" shall refer to the "Planning Board" except where such reference is clearly inapplicable.
Purpose
[1972 Code § 107-1; Ord. No. 1097; Ord. No. 1657-95]
a.
It is the intent and purpose of this chapter to exercise the authority
delegated to municipalities by the Municipal Land Use Law and thereby,
in conformance with the purposes of said law:
1.
To guide the appropriate use or development of all lands in a manner
that will promote the public health, safety, morals and general welfare.
2.
To secure safety from fire, flood, panic and other natural and man-made
disasters.
3.
To provide adequate light, air and open space.
4.
To promote the establishment of appropriate population densities
and concentrations that will contribute to the well-being of persons,
neighborhoods, communities and regions and the preservation of the
environment.
5.
To divide the Borough of Manasquan into zones or districts, restricting
and regulating therein the location, erection, construction, reconstruction,
alteration and use of buildings, structures and land for trade, industry,
residence and other specified uses.
6.
To regulate the intensity of the use of lot areas and to regulate
and determine the area of open spaces surrounding such buildings.
7.
To establish building lines and the location of buildings designed
for specified industrial, business, residential and other uses within
such areas.
8.
To fix standards to which buildings or structures shall conform therein.
9.
To prohibit uses, buildings or structures incompatible with the character
of such districts, respectively.
10.
To prevent additions to and alterations or remodeling of existing
buildings or structures in such a way as to avoid the restrictions
and limitations lawfully imposed hereunder.
11.
To limit and lessen congestion in the public streets by providing
for the off-street parking and loading and unloading of vehicles,
by eliminating and reducing vehicular parking or loading practices
which affect the free-flow of traffic or pedestrians, and by insuring
that traffic created by land development can be accommodated on roadways
in the municipality.
12.
To provide for the gradual elimination of nonconforming uses of land,
buildings and structures.
13.
To prescribe penalties for the violation of the chapter.
14.
To insure that the development of the municipality does not conflict
with the development and general welfare of neighboring municipalities,
the County or the State of New Jersey, as a whole.
15.
To prevent the overcrowding of land.
16.
To conserve the value of land and buildings throughout the Borough.
17.
To provide sufficient space in appropriate locations for a variety
of 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.
18.
To promote a desirable visual environment through creative development
techniques and good civic design and arrangements.
19.
To promote the conservation of historic districts, open space, energy
resources and valuable natural resources and to prevent urban sprawl
and degradation of the environment through improper use of land.
20.
To encourage planned developments which incorporate the best features
of design and relate the type, design and layout of development to
the particular site.
21.
To encourage senior citizen community housing construction.
22.
To encourage coordination of the 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.
23.
To promote the utilization of renewable energy resources.
24.
To promote the maximum practical recovery and recycling of recyclable
material from municipal solid waste through the use of planning practices
designed to incorporate the State Recycling Plan goals and to complement
municipal recycling programs.
25.
To be consistent with, and to promote the objectives of the New Jersey
State Development and Redevelopment Plan.
Title
[1972 Code § 107-2; Ord. No. 1097]
This chapter shall be known and may be cited as the "Zoning
Ordinance of the Borough of Manasquan."
Definitions and Word Usage
[Ord. No. 1812-2000 § 2]
For the purpose of this chapter, certain phrases and words are
herein defined as follows:
a.
Words used in the present tense include the future tense;
b.
Words used in the singular number include the plural number and vice
versa;
c.
Words used to include the male gender include the female gender and
vice versa;
d.
The word "used" shall include arranged, designed, constructed, altered,
converted, rented, leased or intended to be used;
e.
The word "lot" includes the words "plot" and "premises";
f.
The word "building" includes the word "structure";
g.
The word "shall" is mandatory and not discretionary; and
h.
The word "may" is discretionary and not mandatory.
[1]
Editor's Note: Ord. No. 1812-2000 repealed former Section
107-3. Definitions and Word Usage, as contained in the 1972 Code § 107-3,
as further amended and supplemented, and established a new Section
107-3, WORD USAGE.
[Ord. No. 1812-2000 § 2; Ord. No. 1825-00 § 1; Ord. No. 1884-02 §§ 1, 2; Ord. No. 1976-06 § 1; Ord. No. 2034-08 § 1; Ord. No. 2057-09 § 1; Ord. No. 2100-11; Ord.
No. 2122-12 § 2; Ord.
No. 2130-13 §§ 4, 5; Ord. No. 2145-13 § 1; Ord. No. 2150-14 § 1; Ord. No. 2271-18; amended 10-3-2022 by Ord. No. 2377-22]
The relinquishment of property for not less than one year
by the owner or lessee without any intention of transferring rights
of the property to another owner or of resuming the use of the property.
A building or structure, the use of which is customarily
incidental and subordinate to that of the principal building located
on the same lot.
A use of land or of a building or portion thereof customarily
incidental and subordinate to the principal use of the land or building
and located on the same lot as the principal use.
Any environmental pollutant such as smoke, odors, liquid
wastes, solid wastes, radiation, noise, vibrations, glare or heat.
A public or private street primarily designed to serve as
secondary access to the side or rear of property whose principal frontage
is on some other street.
Any change or rearrangement in the supporting members of
an existing building such as bearing walls, columns, beams, girders
or interior partitions, as well as any change in doors or windows
or any enlargement or diminution of a building or structure. Alteration
shall not be construed to mean any necessary repairs and renovation
of an existing structure solely for the purpose of maintenance, improvement
or redecoration of the appearance.
See Dwelling Unit.
The landowner or the agent, optionee, contract purchaser
or other person or entity authorized to act for the landowner in submitting
an application under this chapter.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plan, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to N.J.S. 40:55D-34, 35 and 36.
The Planning Board of the Borough of Manasquan.
In order to promote a desirable environment through creative
development techniques and good civic design where elevation or construction
of a building is either necessary or desirable, facade treatment shall
be required to a point not less than 2 1/2 feet above the finished
grade of the property surrounding the building.
Any sign erected, constructed or maintained on a building
with the principal support of the sign being the building, including
specifically the painting of signs or displays on the exterior surface
of a building. "Attached signs" shall be not more than 12 inches off
the building to which they are attached.
General repair, engineer rebuilding or reconditioning of
motor vehicles, collision service, such as body, frame or fender straightening
and repair, or overall painting of motor vehicles.
A place where motor fuels stored only in underground tanks,
kerosene or motor oil and lubricants or grease for operation of automobiles,
are retailed directly to the public on the premises, including minor
accessories and services for automobiles, but not including automobile
repairs and rebuilding. When the dispensing, sale or offering for
sale of motor fuels or oil is incidental to the conduct of a public
garage, the premises shall be classified as a public garage. This
definition is not intended to cover or include the provision on site
of food or beverage sales or other commercial or retail activities
not described herein.
A space having 1/2 or more of its floor-to-ceiling height
above the average level of the adjoining ground and with a floor-to-ceiling
of not less than 6 1/2 feet.
An "owner-occupied" dwelling in which overnight accommodations
and a morning meal are provided for transient guests (guests staying
not more than 30 days during any 60 calendar day period) for compensation,
and in which the overnight accommodations are accessory to the principal
use of the dwelling as a residence.
A lane at the edge of a roadway reserved and marked for exclusive
use of bicycles.
A pathway, often paved and separated from streets and sidewalks,
designed to be used by bicyclists.
See Sign, Billboard.
A unit of land bounded by streets or by a combination of
streets and public land, railroad rights-of-way, waterways or any
other barrier to the continuity of development.
A dwelling unit or part thereof in which, for compensation,
lodging and meals are provided; personal and financial services may
be offered as well.
The Borough of Manasquan.
Open spaces, landscaped areas, fences, walls, berms or any
combination thereof used to physically separate or screen one use
of property from another so as to visually shield or block noise,
lights or other nuisances.
Any structure having a roof supported by columns, posts,
piers or walls and intended for the shelter, business, housing or
enclosing of persons, animals, property or materials of any kind.
The aggregate square footage or other area measurement by
which all buildings occupy a lot as measured in a horizontal plane
around the periphery of the foundation, and including the area under
any roof extending more than two feet beyond the foundation.
The two-dimensional space within which a structure is permitted
to be built on a lot and that is defined by minimum yard setbacks.
The vertical distance from the reference datum to the highest
point of the structure. (a) single frontage or comer properties —
height shall be measured from the top of the curb or in the absence
of the curb from the crown of the road or in the absence of a road
with a crown, then from the average of the grades at the center of
each street front (or the monumented borough beach walk in the case
of structures contiguous to the beachfront). (b) properties with opposite
frontages — heights from the lot midpoint to the respective
right-of-way line shall be measured from the top of the curb or in
the absence of a curb from the crown of the road or in the absence
of a road with a crown, then from the grade at the center of the street
front or the monumented Borough beach walk in the case of structures
contiguous to the beachfront. A decorative cupola not more than 3
feet by 3 feet by 3 feet high may be added to the roof of a single-family
dwelling.
[Amended 10-3-2022 by Ord. No. 2377-22]
A line parallel to the street line touching that part of
a building closest to the street. In the case of a cantilevered section
of a building, the building line will coincide with the most projected
surface. All yard requirements shall be measured to the "building
line."
A structure in which is conducted the principal use of the
lot on which it is located.
An on-premises sign which directs attention to a business,
commodity, service, industry, or other activity which is sold, offered,
or conducted on the premises on which the sign is located or to which
it is affixed.
The diameter of a tree trunk measured in inches, six (6)
inches above ground level for trees up to four (4) inches in diameter
and measured twelve (12) inches above ground level for trees over
four (4) inches in diameter.
A self-propelled, vehicular structure built as one unit on a
chassis and designed for temporary living for travel, recreation,
vacation or other short-term uses which may contain cooking, sleeping
and sanitary facilities.
An immobile structure containing cooking and sleeping facilities
for travel, recreation, vacation or other short term use and designed
to be attached to the body of another vehicle for transporting from
one location to another.
A portable, vehicular structure built on a chassis, designed
for camping, the body of which is basically rectangular with a flat
top not more than four feet above the surface of the ground. The camper
is designed to have a temporary tent erected above the four-foot level
for camping activities.
A portable structure built on a chassis, designed for towing
and as a temporary dwelling for travel, recreation, vacation and other
short-term uses and having an outside body width not exceeding eight
feet and a length not exceeding 30 feet, and which may contain cooking,
sleeping and sanitary facilities.
Any land, building or part of a building used for the commercial
washing of motor vehicles, but excluding service stations where the
washing of motor vehicles is a use incidental to the service station.
A structure with a roof for storing automobiles, enclosed
by not more than three sides.
The paved area of a street between the curbs, including travel
lanes and parking areas but not including shoulders, curbs, sidewalks
or swales. Where there are no curbs, the "cartway" is that portion
between the parallel edges of the paved street width.
A space with less than one-half of its floor to ceiling height,
above the averaged finished grade of the adjoining ground or with
a floor-to-ceiling height of less than 6 1/2 feet.
A use of land for the burial of the dead.
A document issued by the Construction Official allowing the
occupancy or use of a building and certifying that the structure or
use has been constructed and will be used in compliance with all applicable
State codes and Municipal ordinances.
Any sign which is designed so that characters, letters or
illustrations can be changed or rearranged without altering the face
or the surface of the sign shall be prohibited in all zones. This
shall include all signage inclusive of billboards.
An establishment providing for the care, supervision, and
protection of children that is licensed by the State of New Jersey
pursuant to N.J.S. 30:5B-1 et seq.
See House of Worship.
A private organization for social purposes in which the principal
use is in enclosed buildings and no outdoor sports are involved.
A building to house a club or social organization not conducted
for profit and which is not an adjunct to or operated by or in connection
with or as a public tavern, cafe or other like public place.
Land within or related to a development, not individually
owned or dedicated for public use that is designed and intended for
the common use or enjoyment of the residents and their guests of the
development and may include such complementary structures and improvements
as are necessary and appropriate.
A study to determine the potential direct or indirect effects
of a proposed development on community facilities.
Any community residential facility licensed pursuant to N.J.S.
30:11B-1 et seq. providing food, shelter and personal guidance, under
such supervision as required, to not more than 15 developmentally
disabled or mentally ill persons, who require assistance, temporarily
or permanently, in order to live in the community, and shall include,
but not be limited to: group homes, half-way houses, intermediate
care facilities, supervised apartment living arrangements, and hotels.
Such a residence shall not be considered a health care facility within
the meaning of the "Health Care Facilities Planning Act" (N.J.S. 26:2H-1
et seq.). In the case of such community residence housing mentally
ill persons, such residence shall have been approved for a purchase
of service contract or an affiliation agreement pursuant to such procedures
as shall be established by regulation of the Division of Mental Health
and Hospitals of the Department of Human Services.
Any shelter approved for a purchase of service contract and
certified pursuant to standards and procedures established by regulation
of the Department of Human Services pursuant to N.J.S. 30:14-1 et
seq. providing food, shelter, medical care, legal assistance, personal
guidance, and other services to not more than 15 persons who have
been victims of domestic violence, including any children of such
victims, who temporarily require shelter and assistance in order to
protect their physical and psychological welfare.
The application form and all accompanying documents required
by ordinance or promulgated checklist in connection with the approval
of a subdivision plan, site plan, planned development, conditional
use, zoning variance or permit issuance direction.
An informal map of a proposed subdivision or site plan of
sufficient accuracy and detail to be used for the purpose of discussion
and classification.
A use permitted in a particular zoning district upon showing
that such use will comply with the conditions and standards for the
location or operation of the use as specified in the zoning ordinance
and authorized by the approving agency.
The land covered by the master deed, whether or not contiguous,
and all improvements thereon, all owned either in fee simple or under
lease and all easements, rights and appurtenances belonging thereto
or intended for the benefit thereof.
The grant of a property right stipulating that the described
land will remain in its natural state and precluding future or additional
development.
A conveyance of land so as to combine existing lots by deed
or other instrument and having the consent of all parties in interest.
The Borough official specified in the Municipal Code who
is charged with administering the land development regulations, together
with the Administrative Officer of the Borough.
Tracts of land which share a common boundary.
Any retail establishment offering for sale prepackaged food
products, household items, newspapers and magazines, sandwiches and
other freshly prepared foods, such as salads. Food products are generally
for off-site consumption but may contain seating accommodations of
not more than eight seats. Examples shall include but not be limited
to a cheese shop, dessert shop or ice cream parlor.
A composite of the Master Plan for the physical development
of Monmouth County, with accompanying maps, plats, charts and descriptive
and explanatory matter adopted by the Monmouth County Planning Board
pursuant to N.J.S. 40:27-1 et seq.
The Monmouth County Planning Board.
The aggregate square footage or other area measurement by
which all buildings occupy a lot as measured in a horizontal plane
around the periphery of the foundation and including the area under
any roof extending more than two feet beyond the foundation.
The aggregate square footage or other measurement by which
all buildings and structures and driveways, parking areas, and other
impervious surface covers a lot, as measured in a horizontal plane.
Water bodies, including streams, ponds and lakes, 100-year
flood plains, freshwater wetlands, transition areas and slopes over
25%.
See Street, Cul-de-sac.
A small dome like structure on the roof of a building or
structure and designed to provide ventilation and/or decoration. Maximum
dimension of 3 feet by 3 feet by 3 feet in height.
[Added 10-3-2022 by Ord. No. 2377-22]
The depression of the curbline at which point vehicles, people
or surface water runoff cross the curbline.
A calendar day in any year.
An above grade, unroofed structure without walls that is
attached to a residential dwelling unit, eight inches or more above
grade.
An offering for public use by an owner of an interest in
property, with or without improvements, which is accepted by the appropriate
public body.
The permitted number of dwelling units per gross acre of
land to be developed.
Standards that require or establish specific improvement
requirements.
A man-made or natural water collector facility designed to
collect surface and sub-surface water in order to impede its flow
and to release the water gradually at a rate not greater than that
prior to the development of the property, into natural or man-made
outlets.
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.
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; any
mining, excavation, landfill or land disturbances or any use, change
in use or extension of use of land for which permission may be required
pursuant to this chapter.
A zoning ordinance, subdivision ordinance, site plan ordinance,
official map ordinance or other municipal regulation of the use and
development of land, adopted pursuant to the "Municipal Land Use Law"
(N.J.S. 40:55D-1 et seq.).
A sign designating the name of a subdivision of residential
homes, whether single-family or multi-family, attached or detached
or an apartment complex.
A person who is developmentally disabled as defined in N.J.S.
30:11B-2.
A sign which is structurally unsound, contains faulty wiring
or loose fastenings, or is otherwise detrimental to the public health,
safety or welfare.
Any sign which is designed and erected solely for the purpose
of traffic or pedestrian direction which is placed on the property
to which or on which the public is directed.
The zone districts established in this chapter.
A projection from a roof that contains a window is set back
a minimum of two feet from the exterior vertical building wall beneath
the dormer. In the R-4 Zone, no dormer shall exceed 10 feet in length
measured along the fascia.
[Ord. No. 2226-2017; amended 9-21-2020 by Ord. No. 2314-20; 10-3-2022 by Ord. No. 2377-22]
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
nonpoint pollution, to maintain the integrity of stream channels for
their biological functions as well as for drainage, and the means
necessary for water supply preservation or prevention and alleviation
of flooding.
The same as "Restaurant Drive-In/Take-Out."
A delineated paved and unpaved area used for ingress and
egress of vehicles and allowing access from a street to a building
or other structure or facility.
A structure or portion thereof that is used exclusively for
human habitation. "Dwellings" may include but are not limited to the
following types:
DETACHED SINGLE-FAMILYA dwelling unit that is not attached to any other dwelling by any means.
GARDEN APARTMENTThree or more dwelling units located within a single building, with an entrance to each dwelling by direct access from the outside or through a common hall. "Garden apartments" may include buildings in cooperative or condominium ownership. Also see "dwelling, multifamily."
TOWNHOUSEA one family dwelling unit in a row of at least three such attached units in which each unit has its own front and rear access to the outside, no unit is located over another unit and each unit is separated from any other unit by one or more vertical common fire-resistant walls.
MULTIFAMILYA building containing three or more dwelling units that share common vertical and/or horizontal separations, including garden apartments.
SEMI-DETACHED SINGLE-FAMILYA single-family dwelling attached to one other single-family dwelling on an adjoining lot by a common vertical wall erected on the lot line dividing the two lots.
A grant of one or more property rights by the property owner
to and/or for use by the public, a corporation or another person or
entity.
The Manasquan Environmental Commission, a municipal advisory
body, created pursuant to N.J.S. 40:56A-1 et seq.
Features, natural resources, or land characteristics that
are sensitive to improvements and may require conservation measures
or the application of creative development techniques to prevent degradation
of the environment, or may require limited development, or in certain
instances may preclude development.
A deed, bond, money, or a piece of property delivered to
a third person to be delivered by that person to the grantee only
upon fulfillment of a condition.
A long-term care facility or a distinct part of a facility
licensed or approved as a nursing home, infirmary unit of a home for
the aged, or a governmental medical institution.
Any sign whose sole source of artificial illumination is
outside the display portion of the sign.
(Reserved)
The provisions of N.J.S. 52:27D-302 et seq.
A group of individuals not necessarily related by blood,
marriage, adoption, or guardianship living together in a dwelling
unit as a single housekeeping unit under a common housekeeping management
plan based on an intentionally structured relationship providing organization
and stability.
A private residence which is registered as a family day care
home pursuant to the "Family Day Care Provider Registration Act" (N.J.S.
30:5B-16 et seq.); and is further defined as a private residence in
which child care services are provided for a fee to not less than
three and no more than five children at any one time for no less than
15 hours per week; except that the division shall not exclude a family
day care home with less than three children from voluntary registration.
An establishment or business which is essentially designed
to dispense a limited variety of food and beverages which are so prepared,
packaged in paper or in other types of disposable wrappers and contained
in a form for quick or ready consumption. Such establishments may
or may not have tables, and the food and beverages may be sold for
consumption inside the building or on or off the premises. It shall
not include a convenience retail establishment.
An artificially constructed barrier of any material or combination
of materials erected to enclose, screen or separate areas.
The official action of the Planning Board taken on a preliminary
approved major subdivision or site plan, after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guarantees properly
posted for their completion, or approval conditioned upon the posting
of those guarantees.
The final map of all or a portion of a subdivision which
is presented for final approval.
A lot not meeting the minimum frontage requirements and where
access to the public road is provided by a narrower extension of the
lot encompassing a driveway or by private right-of-way easement.
[Ord. No. 2271-18; amended 10-3-2022 by Ord. No. 2377-22]
A determination of the water surface elevations of the design
flood, i.e., the flood level that has a 1% or greater chance of occurrence
in any given year, i.e., a 100-year storm.
That portion of the flood hazard area outside the floodway,
based on the total area inundated during the regulatory base flood
plus 25% of the regulatory base flood discharge. See Figure below.
The floodway and flood fringe areas of a delineated stream
as determined by the New Jersey Department of Environmental Protection
under N.J.A.C. 7:13 et seq. (Flood Hazard Control). See Figure below.
 |
The relatively flat area adjoining the channel of a natural
stream, which has been or may be hereafter covered by flood water.
Also known as a floodway. See Figure below.
The channel of a natural stream or river and portions of
the floodplain adjoining the channel which are reasonably required
to carry and discharge the floodwater or flood flow of any natural
stream or river. See Figure below.
 |
|
Distances A-B and C-D are the Flood Fringe Zones
|
|
Distance H-K is the 100 year Flood Plain & Flood Hazard
Area
|
|
Distance A-D is the Floodway Line
|
|
Distance I-J is the Stream Channel
|
|
Line E is the Flood Elevation when confined within the Floodway
|
|
Line F is the Flood Elevation after encroachment
|
|
Line G is the Flood Elevation before encroachment
|
The gross floor area, of all buildings on a lot divided by
the total lot area.
The sum of the gross horizontal areas of all floors of a
building or group of buildings on a lot, measured from the exterior
faces of exterior walls or from the center line of a wall separating
two buildings, but excluding the following:
The finished and heated area fully enclosed by the inside
surfaces of walls, windows, doors and partitions and having a headroom
of at least 6 1/2 feet including working, living, eating, cooking,
sleeping, stair, hall, service and storage areas, but excluding garages,
carports, parking spaces, cellars, half-stories and unfinished attics
and basements.
See Lot, Frontage.
A structure that is an accessory to the principal building
and that is used for the storage of motor vehicles and in which no
occupation, business or service for profit is carried on. A portion
of a garage not to exceed 50% may be used as a pool house etc. to
include a kitchen, bath, bar and changing area. The remaining portion
of the garage must be used for parking of a vehicle or for storage.
[Amended 10-3-2022 by Ord. No. 2377-22]
A building, other than a private garage, used for the care,
repair or equipment of automobiles, or where such vehicles are parked
or stored for remuneration within the structure.
Any building, premises or land in which or upon which a business,
service or industry involving the maintenance, servicing, repair or
painting of motor vehicles is conducted or rendered. Sales of motor
vehicle accessories are permitted. This term does not include car
washes and motor vehicle showrooms for new or used motor vehicles.
The first floor of a building other than a cellar or basement.
Any single-family dwelling used in the placement of children
pursuant to law recognized as a group home by the Department of Institutions
and Agencies in accordance with rules and regulations adopted by the
Commissioner of Institutions and Agencies, provided, however, that
no group home shall contain more than 12 children.
One or more historic sites and intervening or surrounding
property significantly affecting or affected by the quality and character
of the historic site or sites.
Any real property, man-made structure, natural object or
configuration or any portion or group of the aforegoing of historical,
archaeological, cultural, scenic or architectural significance.
An occupation including, but not limited to, any licensed
profession, conducted in a dwelling unit, subordinate to its residential
use, provided that:
The occupation may be pursued in the principal dwelling unit
structure or in a secondary building which is accessory to the principal
building or structure.
The use of the property for the home occupation shall be clearly
incidental and subordinate to its use for residential purposes by
its occupants, and not more than 25% of the net habitable floor area
of all structures shall be used in the conduct of the home occupation.
No other person other than members of the household residing
on the premises plus one secretary or other assistant shall be engaged
in the occupation.
The residential character of the lot and building shall not
be changed; no occupational sounds shall be audible outside the building;
and no equipment shall be used which will cause interference with
radio or television reception in neighboring residences.
There shall be no exterior evidence of the home occupation other
than one unlighted name plate identifying the home occupation, not
exceeding four square feet in area, either attached or free-standing
and set back at least 15 feet from all street rights-of-way and property
lines.
The home occupation shall not generate vehicular traffic in
excess of two passenger automobiles, which must be parked off-street.
The applicant shall have applied for and received "minor" site
plan approval.
The office or a studio of a resident physician, dentist,
lawyer, licensed professional planner, licensed professional engineer,
artist, licensed land surveyor, registered architect or teacher as
herein restricted, provided that no more than two persons are employed
who are not members of the family and that such office shall be in
the main building and shall not occupy more than the equivalent of
1/2 of the area of one floor of the building. For the purpose of this
definition, "teacher" shall be restricted to a person giving individual
instructions in a musical instrument, in singing or in academic or
scientific subjects to a single pupil at a time. A "home professional
office" shall not include the office of any person professionally
engaged in the purchase or sale of economic goods or services. Dancing
instructions, band instrument or voice instruction in groups, tearooms,
tourists homes, beauty parlors, hairdressing and manicuring establishments,
real estate offices, insurance offices, convalescent homes, mortuary
establishments and stores, trades or businesses of any kind not herein
excepted shall not be deemed to be "home professional offices". The
"home professional office" of a physician shall not include a biological
or other medical testing or screening laboratory.
A structure intended for recreational bathing, in which all
controls, water-heating and water-circulating equipment are an integral
part of the structure.
A facility offering transient lodging accommodations to the
general public and which may provide additional services, such as
restaurants, reception rooms, meeting rooms, entertainment and recreation
facilities.
A building or structure, or groups of buildings or structures,
that by design and construction are primarily intended for conducting
organized religious services and associated accessory uses.
A family living together in a single dwelling unit, with
common access to and common use of all living and eating areas and
all areas and facilities for the preparation and serving of fast food
within the dwelling unit.
That portion of the lot that is covered by nonpermeable surfaces,
including but not limited to, buildings, parking areas, driveways,
service areas, streets, walkways, patios, pools and plazas. With reference
to walkways, patios and plazas, the materials utilized in the construction
of such areas, may determine to be permeable based upon commonly accepted
construction standards and credible testimony received by the Board.
All required parking areas which are permitted to remain unimproved
and all gravel areas and landscape areas shall be considered as impervious
surfaces if they are lined with weed-inhibiting plastic or other material.
Any man-made, immovable item which becomes part of, placed
upon, or is affixed to real estate.
At the request of the developer, the Planning Board shall
grant an informal review of a concept plan for a development provided
same does not require relief in form of a use variance for which the
developer intends to prepare and submit an application for development.
The amount of any fees for an informal review shall be a credit toward
fees for review of the application for development. Neither the developer
nor the Board shall be bound by any concept plan presented or for
any comments or recommendations made during an informal review.
Any vehicle, including but not limited to automobiles, motorcycles,
motor-drawn vehicles, omnibuses, semitrailers, trailers, trucks, truck
tractors, and other motor vehicles all as defined in Title 39 of the
New Jersey Statutes, which is not operable or which is not capable
of being safely and legally operated on public roads, streets or highways.
Any vehicle which is unregistered or without current license tags
or plates shall be considered an inoperable vehicle. A vehicle located
at a facility for not more than seven days while awaiting repairs
shall not be considered to be an inoperable vehicle.
Any sign erected, constructed or maintained inside of a building
and visible from outside the building, whether illuminated or non-illuminated.
Any sign whose sole source of artificial illumination is
contained within the display portion of the sign.
Real property including improvements and fixtures on, above,
or below the surface.
The entire area of a lot or lots included in a single proposed
development or site plan, before any deductions are made for wetlands,
conservation areas, steep slopes or for any other required purpose.
The remaining developable area of a lot or lots included
in a single proposed development or site plan, after deductions are
made for wetlands, conservation areas, steep slopes or for any other
required purpose.
A level part of a staircase at the end of a flight of stairs.
Property which has no ownership adjacent to a public street
right-of-way and is surrounded by lands belonging to others.
A component of a development plan on which is shown: proposed
landscape species (such as number, spacing, size at time of planting
and planting details); proposals for protection of existing vegetation
during and after construction; proposed treatment of hard and soft
surfaces; proposed decorative features; grade changes; buffers and
screening devices; and any other information that can reasonably be
required in order that an informed decision can be made by the approving
authority.
A designated parcel, tract or area of land established by
plat, subdivision, court order or as otherwise permitted by law, to
be separately owned, used, developed or built upon.
The total area within the lot lines of a lot.
A lot or parcel of land abutting upon two or more intersecting
streets, or upon two parts of the same street forming an interior
angle of less than 135°.
The average distance measured from the front lot line to
the rear lot line.
The length of the front lot line measured at the street right-of-way
line. On a comer lot, the lesser frontage shall be the front of the
lot and the greater frontage shall be the depth of the lot. If a comer
lot has equal frontages, the front yard shall be the yard on which
the main entry of the structure faces, and such designation of the
front yard shall be permanent. If an interior lot faces two streets,
the property owner shall select the front yard when applying for a
zoning permit to build a structure and such designation shall be permanent.
A lot not meeting minimum frontage requirements and where
access to the public street is by a private right-of-way or driveway.
See Figure below.
 |
A lot other than a corner lot.
A line of record bounding a lot that divides one lot from
another adjoining lot or from a public or private street or any other
public space.
The lot line separating from a street right-of-way, also
referred to as a "street line".
The lot line opposite and most distant from the front lot
line, or, in the case of triangular or otherwise irregularly shaped
lots, a line at least 10 feet in length entirely within the lot, parallel
to and at a maximum distance from the front lot line.
Any lot line other than a front or rear lot line.
The horizontal distance between the side lines of a lot measured
at right angles to its depth along a straight line parallel to the
front lot line at the minimum building setback line.
Housing affordable according to Federal Department of Housing
and Urban Development or the standards established by the New Jersey
Council on Affordable Housing for home ownership and rental costs,
occupied or reserved for occupancy by households with a gross household
income equal to 50% or less of the median gross household income for
households of the same size within the housing region in which the
housing is located, and which is subject to affordability controls
promulgated by the Council.
Any security, including but not limited to letters of credit
and surety bonds, that may be required and accepted by the Borough
to assure that necessary improvements will function as required for
a specific period of time.
Any site plan not classified as a minor site plan.
Any subdivision not classified as a minor subdivision.
A waterfront facility predominantly used for the dockage
and moorage of recreational boats for which dockage or moorage fee
is paid and sanitary facilities and parking area provided.
Any hood, canopy, awning or permanent construction that projects
from the exterior wall of a building, usually above an entrance, or
the front face of the building.
A composite of one or more written or graphic proposals for
the development of the Borough as set forth in and adopted pursuant
to N.J.S. 40:55D-28 et seq.
A subdivision of land that does not involve any of the following:
The creating of more than two lots (one new lot and the remaining
parcel), each fronting on an existing improved street or road;
A planned development;
Any new street; or
The extension of any off-tract improvements.
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Any subdivision application from a subdivider or owner which
has previously been subdivided or granted a "minor subdivision" shall
be classified as a major subdivision.
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Housing affordable according to Federal Department of Housing
and Urban Development or the standards established by the New Jersey
Council on Affordable Housing for home ownership and rental costs,
occupied or reserved for occupancy by households with a gross household
income in excess of 50% but less than 80% of the median gross household
income for households of the same size within the housing region in
which the housing is located, and which is subject to affordability
controls promulgated by the Council.
An establishment providing sleeping accommodations with a
majority of all rooms having direct access to the outside without
the necessity of passing through the main lobby of the building.
A single-family dwelling that offers a semi-independent living
space within the principal dwelling unit for a parent(s). The living
space must be located within the principal dwelling and can only be
accessed through the existing dwelling and not by a separate entrance.
A fully independent dwelling unit is not permitted.
[Added 9-21-2020 by Ord.
No. 2314-20; amended 10-3-2022 by Ord. No. 2377-22]
A single sign relating to a use or facility, such as a shopping
center, industrial park or office complex, where there is more than
one occupancy and/or tenancy of uses, where the multiple occupancy
and tenancy use a common parking facility and/or common private drive
or roadway and where the names and professions or business names of
the various tenants and/or occupants are displayed.
N.J.S. 40:55D-1 et seq.
A lot, the area or dimensions of which was lawful prior to
the adoption, revision or amendment of the zoning ordinance but that
fails by reason of such adoption to conform to the requirements of
this chapter.
Any sign lawfully existing on the effective date of an ordinance
or any amendment thereto, that renders such sign nonconforming because
it does not conform to all the standards and regulations of this chapter.
A structure or building, the size, dimensions or location
of which was lawful prior to the adoption, revision or amendment to
the zoning ordinance but that fails by reason of such adoption, revision
or amendment to conform to the requirements of this chapter.
A use or activity that was lawful prior to the adoption,
revision or amendment of the zoning ordinance but that fails by reason
of such adoption, revision or amendment to conform to the requirements
of this chapter.
A school designed to provide daytime care or instruction
for two or more children from two to six years of age, inclusive,
and operated on a regular basis and licensed by the State of New Jersey.
A building providing shelter and/or supplemental health care
for the elderly or infirm and meeting the standards of the New Jersey
State Department of Institutions and Agencies to operate as a "nursing
home."
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) that is the subject
of a development application or within a contiguous portion of a street
or other right-of-way.
Not located on the property that is the subject of a development
application nor or on a contiguous portion of a street or other right-of-way.
A map adopted in accordance with the Official Map and Building
Permit Act, N.J.S. 46:24-5 et seq. only to the extent that it is consistent
with the provisions of N.J.S. 40:55D-32 et seq. and to the extent
that it has not been supplanted by an official map adopted pursuant
to N.J.S. 40:55D-32 et seq. A map so adopted shall be deemed conclusive
with respect to the location and width of streets, drainage rights-of-way,
and flood control basins.
Located on the lot that is the subject of an application
for development.
Located on the property that is the subject of a development
application or on a contiguous portion of a street or other right-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public and private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
A separate accessory building or structure not physically
connected to the principal building and located on the same lot.
The keeping, in an unroofed area, of any items including,
but not limited to, goods, junk, material, trailers, merchandise and
vehicles in the same place for more than 24 hours.
An individual, firm, association, syndicate, partnership,
or corporation having sufficient proprietary interest to seek development
of land.
An off-street area, usually improved, for the temporary storage
and circulation of motor vehicles.
A space for the parking of one motor vehicle within a public
or private parking area, but not within a dedicated street.
A level, impervious surfaced area directly adjacent to a
principal building at or within three feet of the finished grade,
not covered by a permanent roof and used primarily for passive recreation.
Any security, including but not limited to letters of credit,
surety bond that may be accepted by the Borough to ensure that improvement
required as part of an application for development are satisfactorily
completed.
Any establishment primarily engaged in providing services
involving the care of a person or a person's goods or apparel, such
as cleaning, laundry, beauty shops, barbershops, shoe repair, nail
shops, physical therapists, eye glass sales and examination, and similar
uses, but excluding tattoo parlors and body piercing establishments.
A structure extending over land or water for use as a landing
place or promenade. A pier may also act as the support for other structures.
An area of a minimum contiguous size as specified by this
chapter, to be planned, developed, operated and maintained as a single
entity according to a plan and containing one or more structures with
appurtenant common areas.
A map of a subdivision or site plan.
A roofed open area, which may be screened, usually attached
to or part of and with direct access to or from a building.
The conferral of certain rights pursuant to the MLUL prior
to final approval after specific elements of a development plan have
been agreed upon by the Planning Board and the applicant.
Architectural drawings prepared during early and introductory
stages of the design of a project illustrating in a schematic form
its scope, scale, and relationship to its site and immediate environs.
A map indicating the proposed layout of a development and
related information that is submitted for preliminary approval.
A building in which is conducted the main use of the lot.
A building, structure or use which is the main or primary
building, structure or use on the lot.
The office of a member of a recognized profession maintained
for the conduct of that profession.
A sign, other than a wall sign, which is attached to and
projects more than 12 inches from a wall of a building.
The lands of the Borough of Manasquan which lie along the
Atlantic Ocean and are as indicated on the Tax Map of the Borough
of Manasquan. The public beachfront area includes the public walkways,
beach accessways and steps, dunes, storm protection jetties, and all
appurtenant and accessory public purpose structures.
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches, or required along a natural stream or
watercourse for preserving the biological as well as drainage function
of the channel and providing for the flow of water to safeguard the
public against flood damage, sedimentation and erosion and to assure
the adequacy of existing and proposed culverts and bridges, to induce
water recharge into the ground where practical, and to lessen nonpoint
pollution.
Improvements which the Board may deem necessary or appropriate,
including but not limited to streets, grading, pavement, gutters,
curbs, sidewalks, street lighting, shade trees, surveyors monuments,
water mains, culverts, storm sewers, sanitary sewers, drainage structures,
erosion control and sedimentation control devices, public improvements
of open space and, in the case of site plans, other on-site improvements
and landscaping.
A majority of the full authorized membership of a board or
agency.
A vehicular-type portable structure without permanent foundation
that can be towed, hauled or driven and primarily designed as temporary
living accommodation for recreational, camping and travel use, and
including but not limited to travel trailers, truck campers, camping
trailers and self-propelled motor homes.
Any establishment, however designated, at which food is sold
for consumption on the premises, normally to patrons seated within
an enclosed building, which building complies with the restaurant
requirements as to restroom facilities under the Uniform Construction
Code, unless exempt therefrom. A restaurant shall not be deemed to
include any retail food establishment that sells food primarily for
take-out or consumption on the premises but outside the confines of
the principal building, or in automobiles parked upon the premises.
A restaurant also shall not be deemed to include any snack bar at
a public or community playground, playfield, park.
Any restaurant or retail food establishment with a drive-in
window.
A business establishment whose principal business is the
sale of prepared or rapidly prepared food directly to the customer
in a ready-to-consume state for consumption either within the restaurant
building, in cars on the premises, or off the premises.
(1) the further division or relocation of lot lines of any
lot or lots within a subdivision previously made and approved or recorded
according to law or (2) the alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or by other instrument as long
as only one use exists on the combined lot.
An establishment where the majority of the patrons purchase
prepared foods, soft drinks, ice cream, and similar confections for
take-out or consumption off-premises or on the premises but outside
the confines of the principal building, or in automobiles parked upon
the premises, regardless of whether or not, in addition thereto, seats
or other accommodations are provided for the patrons.
A structure more than 18 inches high erected between lands
of different elevation to protect structures and/or to prevent the
washing down or erosion of earth from the upper slope level.
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, road, electric transmission line, gas
pipeline, water main, sanitary or storm sewer main, shade trees, or
for another special use.
The lines that form the boundaries of a right-of-way.
A building with not more than five guest rooms where lodging
is provided for compensation pursuant to previous arrangement, but
not open to the public or transients.
Any apparatus or structure constructed or installed out of
doors consistent with Section 35-44 with the purpose of receiving
television, radio or similar waves, but distinguished from conventional
radio or television antennae.
Any apparatus capable of transmitting and/or receiving signals
from geostationary orbital satellites.
Any building or part thereof which is designed, constructed
or used for education of students up to and through the secondary
level.
Any structure or planting consisting of fencing, berms, evergreen
trees or shrubs providing a continuous view obstruction within a site
or property.
A facility providing individual rental units for the temporary
storage of furniture, household goods, office equipment, files and
similar items and including not more than one residential unit for
a resident manager and family.
A person who is 55 years or older.
Housing within which residency shall be restricted to a person
55 years or older. A person under the age of 55 may reside in a Senior
Citizen Housing Complex provided that his or her spouse is 55 years
or older.
The distance between the street right-of-way line and the
front line of a building or any projection thereof, excluding uncovered
steps.
A line parallel to any street line, beyond which no building
or portion thereof may be erected except as provided in this chapter.
Any sign, other than a pole sign, in which the entire bottom
is in contact with or is close to the ground and is independent of
any other structure.
A sign containing only the name and occupation of a permitted
home occupation.
A sign lighted by or exposed to artificial lighting either
by lights on or in the sign or directed towards the sign.
A sign that is wholly or partly dependent upon a building
for support and which projects more than 12 inches from such building.
A sign pertaining to the sale or lease of the premises or
a portion of the premises on which the sign is located.
A sign that is mounted on the roof of a building or that
is wholly dependent upon a building for support and that projects
above the top walk or edge of a building with a flat roof, the eave
line of a building with a gambrel, gable or hip roof or the deck line
of a building with a mansard roof.
A sign or advertising display constructed of cloth, canvas
fabric, plywood or other light material and designed or intended to
be displayed for a period of time not to exceed 10 days.
A sign fastened to or painted on the wall of a building or
structure in such a manner that the wall becomes the supporting structure
for, or forms the background surface of, the sign and that does not
project more than 12 inches from such building or structure.
A sign that is applied or attached to the exterior or interior
of a window or located in such a manner within a building that it
can be seen from the exterior of the structure through a window.
A development plan of one or more lots on which is shown
the existing and proposed conditions of the lot, including but not
necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways; the location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting,
screening devices; and any other information that may be reasonably
required in order to make an informed determination pursuant to the
Planning Board, adopted pursuant to N.J.S. 40:55D-37 et seq.
A concept, informal map of a proposed subdivision or site
plan of sufficient accuracy to be used for the purpose of discussion
and classification.
A dormer which encloses the stairwell and is not required
to be set back a minimum of two feet from the exterior vertical building
wall beneath the dormer.
Standards.
Adopted by ordinance, pursuant to N.J.S. 40:55D-65, regulating
noise levels, glare, earthborne or sonic vibrations, heat, electronic
radiation, noxious odors, toxic matters, explosive and inflammable
matters, smoke and airborne particles, waste discharge, screening
of unsightly objects or conditions and other similar matters as may
be reasonably required by the Board; or
Required by applicable Federal or State laws or municipal ordinances.
An accessory building used for the storage of items such
as, but not limited to, tools, lawn and garden equipment, furniture,
and similar items of personal property belonging to the occupant of
the principal structure.
A provision for storage of stormwater runoff and the controlled
release of the runoff during and after a flood or storm.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
is no floor above it, then the space between the floor and the ceiling
next above it and including those basements used for the principal
use.
The finished area of an attic where the intersection of the
roof rafters and the exterior wall occurs within four inches of the
floor/ceiling system, and in which space the maximum floor area at
a ceiling height of five feet or more, inclusive of stairwells and
roofed over porches, does not exceed 60% of the square footage of
the floor directly below, inclusive of roofed over porches.
All dormers, except stairwells, must be stepped back a minimum
of 24 inches from the exterior wall face beneath it, except for stairwell
dormers located on residential principal buildings located in Flood
Hazard Zone V as reflected on the most current FEMA Flood Insurance
Rate Map (FIRM) as released on December 15, 2012.
 |
A watercourse having a source and terminus, banks and channel
through which waters flow at least periodically.
Any vehicular way that is: (1) an existing State, County
or Municipal road; (2) shown upon a plat approved pursuant to law;
(3) approved by other official action; or (4) shown on a plat duly
filed and recorded in the office of the County Clerk prior to the
appointment of a Planning Board and the grant to such Board of the
power to review plats. A "street" includes the land between the street
right-of-way lines, whether improved or unimproved, and may comprise
pavement, shoulders, gutters, curbs, sidewalks, parking areas and
other areas.
See Right-of-Way Lines.
Any change in the supporting members of a structure, such
as bearing walls, columns, beams or girders or in the utility systems
or mechanical equipment of a structure, which change materially alters
the usability, capacity or function of the structure.
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of land or water.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale or
development. The following shall not be considered subdivisions within
the meaning of this chapter, if no new streets are created:
Divisions of land found by the Planning Board or Subdivision
Committee thereof appointed by the Chairman to be for agricultural
purposes where all resulting parcels are five acres or larger in size;
Divisions of property by testamentary or intestate provisions;
Divisions of property upon court order, including but not limited
to judgments of foreclosure;
Consolidation of existing lots by deed or other recorded instrument;
and
The conveyance of one or more adjoining lots, tracts or parcels
of land, owned by the same person or persons, and all of which are
found and certified by the Code Enforcement Officer to conform to
the requirements of the municipal development and zoning regulations
of the Borough of Manasquan and are shown and designated as separate
lots, tracts or parcels on the Tax Map of the Borough.
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The term "subdivision" shall also include the term "resubdivision."
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Any artificially manufactured or constructed swimming pool
or wading pool permanently or temporarily constructed, installed or
maintained upon any premises for the use by occupants of the premises
or their household guests, whether maintained above or below ground
level.
A parcel, property or area of land comprised of one or more
lots adjacent to one another established by a plat or otherwise as
permitted by law to be used, developed or built upon as a unit.
Persons staying not more than 30 days during any sixty-day
period.
A landscaped area intended to act as a visual separation
between two land uses of different intensity.
A building on a single lot containing two dwellings, each
of which is separated from the other by an unpierced fire resistant
wall extending from ground to roof or an unpierced ceiling and floor
extending from exterior wall to exterior wall, except for a common
stairwell exterior to both dwelling units.
The purpose or activity for which land or buildings are arranged,
designed or intended or for which land or buildings are occupied or
maintained.
The main or primary activity of any lot or parcel.
A building used primarily for the storage of goods and materials.
On-site subsurface source of water supply, including pumping
and treatment equipment to provide irrigation or potable water service
to a lot or lots in accordance with regulations of the New Jersey
Department of Environmental Protection and Energy and the Monmouth
County Health Department.
Establishments or places of business primarily engaged in
selling merchandise to retailers; industrial, commercial, institutional
or professional business users; other wholesalers; or acting as agents
or brokers and buying merchandise for, or selling merchandise to,
such individuals or companies, but excluding lumber and building material
sales.
An open space that lies between the principal building or
buildings and the nearest lot line. The minimum required yard as set
forth in the ordinance is unoccupied and unobstructed from the ground
upward except as may be specifically provided in the zoning ordinance.
a line drawn parallel to a lot line at a distance therefrom
equal to the depth of the required yard. See Figure below.
 |
A space extending across the full width of the lot between
any building and the front lot line and measured perpendicularly to
the building at the closest point to the front lot line.
A space extending across the full width of the lot between
the principal building and the rear lot line and measured perpendicular
to the building to the closest point of the rear lot line.
A space extending from the front yard to the rear yard between
the principal building and the side lot line and measured perpendicular
from the side lot line to the closest point of the principal building.
A specifically delineated area or district within which uniform
regulations govern the use, placement, spacing and size of land and
buildings.
The map annexed to and made a part of this chapter, indicating
zone boundaries.
A document, signed by the Zoning Officer, or in his absence,
by either the Construction Official or the Code Enforcement Officer,
which either is required by ordinance as a condition precedent to
the commencement of a use or the erection, construction, reconstruction,
alteration, conversion or installation of a structure or building
or which acknowledges that such use, structure or building complies
with the provisions of the Municipal Zoning Ordinance or variance
therefrom duly authorized by the appropriate agency of the Borough
of Manasquan pursuant to N.J.S. 40:55D-60 and 70.
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Establishment of Zones
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[1972 Code § 107-4; Ord. No. 1097; Ord. No. 1657-95; Ord. No. 1957-05 § 1; Ord. No. 1997-07 §§ 1, 2;
amended 3-18-2019 by Ord. No. 2285-19; 5-6-2019 by Ord. No. 2286-19; 5-6-2019 by Ord. No. 2287-19; 6-12-2023 by Ord. No. 2399-23]
For the purpose of this chapter, the Borough of Manasquan is
hereby divided into the following zones or districts:
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R-1
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One-Family Residential
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R-2
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One-Family Residential
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R-2A
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One- and Two-Family Residential
[Added 6-12-2023 by Ord. No. 2399-23] |
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R-3
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One-Family Residential
|
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R-4
|
Beachfront One-Family Residential
|
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R-5
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One-Family Residential
|
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R-M
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Multifamily Residential
|
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R-PM
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Planned Multifamily Residential
|
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B-1
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Business
|
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B-2
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Marine Business
|
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B-3
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General Business
|
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BR-1
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Business Retail
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O
|
Office
|
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I
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Industrial
|
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P
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Public Parking
|
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CON
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Conservation
|
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PR
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Public Recreation
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AH-O
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Affordable Housing Overlay
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AR-1
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Affordable Housing AR-1
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AR-2
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Affordable Housing AR-2
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[1972 Code § 107-5; Ord. No. 1097; Ord. No. 1657-95; Ord. No. 1796-99 § 1; Ord. No. 1925-04 § 1; Ord. No. 1947-05 §§ 1, 2; Ord. No. 1957-05 § 2; Ord. No. 1997-07 § 3; Ord. No. 2015-07 § 1; Ord. No. 2033-08 §§ 1 —
3; Ord. No. 2047-09; Ord. No. 2383-22; amended 6-12-2023 by Ord. No. 2400-23]
The boundaries of the zoning districts are established on the
Zoning Map of the Borough of Manasquan, dated May 10, 2023 which is
made a part of this chapter.
The Zoning Map is included as an attachment to this chapter as Attachment 2: Zoning Map.
[1972 Code § 107-6; Ord. No. 1097]
All streets, highways and rights-of-way, if not otherwise specifically
designated, shall be deemed to be in the same zone as the property
immediately abutting them. Where the center line of a street, highway
or right-of-way serves as a zone boundary, the zoning of such street
or highway, unless otherwise specifically designated, shall be deemed
to be the same as that of the abutting properties up to such center
line.
Use Regulations
[1972 Code § 107-7; Ord. No. 1097]
The use regulations applicable to each zone within the Borough of Manasquan are as provided for in Section 35-5. Section references following each use specify the specific regulations governing such use.
[1972 Code § 107-8; Ord. No. 1097; Ord. No. 1657-95; Ord. No. 1743-98 § 1; Ord. No. 1783-99 § 1; Ord. No. 1914-03 §§ 1 —
4; Ord. No. 2057-09 § 2; Ord. No. 2180-15; Ord.
No. 2232-2017; amended 6-12-2023 by Ord. No. 2402-23]
In the R-1 Zone, the following uses are permitted:
b.
Accessory Uses:
2.
Off-street parking.
3.
Private garages and carports which meet all of the following requirements:
(a)
Maximum building coverage - 600 square feet.
(b)
Maximum height - 15 feet.
(c)
Minimum side yard setback - five feet.
(d)
Minimum rear yard setback - five feet.
(e)
Detached garages shall be located only in the side or rear yard
area.
(f)
Private garages and carports shall be included when calculating
building coverage.
(g)
Private garages and carports shall conform architecturally to
the principal building on the lot.
(h)
Not more than one private garage or carport shall be constructed
on a building lot.
4.
Private residential tool sheds, storage buildings, greenhouses, gazebos
or pool cabanas which meet all of the following requirements:
(a)
Maximum building area - 100 square feet.
(b)
Maximum height - 10 feet.
(c)
Minimum side yard setback - three feet.
(d)
Structures shall be located in the rear yard only.
(e)
Minimum rear yard setback - three feet.
(f)
Not more than one tool shed, storage building, greenhouse, gazebo
or pool cabana shall be constructed on a building lot.
(g)
Tool sheds, storage buildings, greenhouses, gazebos and pool
cabanas will not be counted in calculating building coverage unless
such building is constructed on a slab or permanent foundation.
(h)
A private storage building not to exceed 200 square feet may
be constructed on a lot under the following conditions:
(1)
There is not an attached or detached garage, storage building,
tool shed, detached greenhouse, gazebo or pool cabana on the property.
(2)
Maximum height - 10 feet.
(3)
Minimum side setback - five feet.
(4)
Minimum rear yard setback - five feet.
(5)
Structure shall be located in the rear yard only.
(6)
The storage building will not be counted in calculation of building
coverage unless such building is constructed on a slab or permanent
foundation.
(i)
A temporary vinyl storage unit not to exceed 200 square feet
may be installed or constructed on a building lot under the following
conditions:
(1)
There is not an attached or detached garage, storage building,
tool shed, detached greenhouse, gazebo or pool cabana on the property.
(2)
Maximum height - 10 feet.
(3)
Minimum side yard setback - five feet.
(4)
Minimum rear yard setback - five feet.
(5)
Unit must be maintained in a state of good repair.
(6)
Temporary unit permitted a maximum of six months in any calendar
year.
(j)
A temporary storage unit, trailer or personal on demand storage
unit (PODS®) may be located on a building lot after payment of the application fee as stated in Chapter 16, Fees, under the following conditions:
(1)
Maximum height - eight feet.
(2)
Maximum length - 16 feet.
(3)
Temporary storage unit is permitted for a maximum of 30 days
within any calendar year, measured from the date of zoning approval.
(4)
Placement of the temporary storage unit on the lot must not
impair the visibility from adjacent properties.
(5)
The temporary storage unit is permitted on single-family residential
properties only.
5.
Animal shelters to house resident domestic pets which meet all of
the following requirements:
(a)
Maximum building area - 30 square feet.
(b)
Maximum height - five feet.
(c)
Minimum side yard setback - three feet.
(d)
Minimum rear yard setback - three feet.
(e)
Animal shelters shall be located only in the side or rear yard
area.
(f)
Not more than one animal shelter shall be constructed on a building
lot.
(g)
Animal shelters will not be counted in calculating building
coverage unless such building is constructed on a slab or permanent
foundation.
9.
Parking or storage of boats, boat trailers, motor homes, recreational
vehicles and utility trailers in the rear yard area only; provided
that the location does not encroach within five feet of the side yard
and five feet of the rear yard. Beginning November 1 through April
1, boat parking and/or storage is permitted on the side yard of the
following streets (east of Ocean Avenue Bridge, Main Street Bridge,
and Glimmerglass Bridge on Brielle Road) with a 5' side yard
setback that shall be measured from the widest part of the hull of
the boat:
Riverside Drive
Perch Avenue
Whiting Avenue
Pike Avenue
Trout Avenue
Salmon Avenue
Pompano Avenue
Marlin Avenue
Tarpon Avenue
Timber Lane
1st Avenue
2nd Avenue
3rd Avenue
4th Avenue
Brielle Road
Long Avenue
Captains Court
Deep Creek Drive
Glimmer Glass Circle
Riddle Way
Pickell Alley
Stockton Avenue
Pearce Court - right before Main Bridge
Beachfront
Ocean Avenue
East Main Street
Drawbridge Lane
Annexed hereto is a Map Dated May 10, 2023 Entitled "Zone Map, Borough of Manasquan, Monmouth County, New Jersey," prepared by Leon S. Avakian, Inc. (Editor's Note: The Zoning Map may be found at subsection 35-4.2.)
c.
Conditional Uses:
3.
Community residences for the developmentally disabled, community
shelters for victims of domestic violence, community residences for
the terminally ill, community residences for persons with head injuries,
adult family care homes for elderly persons and physically disabled
adults and all other entities described in N.J.S.A. 40:55D-66.1 and
40:55D-66.2 which provide services to not more than 15 persons subject
to these uses conforming with the provisions of the aforesaid statutes.
The requirements for these uses shall be the same as for single-family
dwelling units.
[1972 Code § 107-9; Ord. No. 1097; Ord. No. 1170; Ord. No. 1657-95; Ord.
No. 2235-2017]
The permitted uses, permitted accessory structure use and conditional uses are the same as those in the R-1 Residential Zone, except churches and church related facilities which are subject to the provisions of subsection 35-14.6.
[1972 Code § 107-10; Ord. No. 1097; Ord. No. 2236-2017]
The principal permitted uses, permitted accessory uses and conditional uses in this zone are the same as those in the R-1 One-Family Residential Zone, except churches and church related facilities which are subject to the provisions of subsection 35-14.6.
[1972 Code § 107-11; Ord. No. 1097; Ord. No. 2237-2017]
The principal permitted uses, permitted accessory uses and conditional uses in this zone are the same as those in the R-1 One-Family Residential Zone, except churches and church related facilities which are subject to the provisions of subsection 35-14.6.
[1972 Code § 107-12; Ord. No. 1097; Ord. No. 2238-2017]
The principal permitted uses, permitted accessory uses and conditional uses in this zone are the same as those in the R-1 One-Family Residential Zone, except churches and church related facilities which are subject to the provisions of subsection 35-14.6.
[1972 Code § 107-12.1; Ord. No.
1657-95; Ord. No. 1783-99 § 2; Ord. No. 2239-2017].
b.
Accessory Uses:
1.
Off-street parking facilities including garages which do not exceed 15 feet in height and meet setback regulations of subsection 35-9.4.
5.
Parking or storage of boats, boat trailers, motor homes, recreational
vehicles and utility trailers in the rear yard area only; provided
that the location does not encroach within the side yard setback area
as required by zone district regulations.
6.
Common facilities and amenities serving the residents of multifamily
developments including swimming pools and other on-site recreational
facilities, common walkways, sitting areas and gardens, and other
similar uses.
[1972 Code § 107-12.2; Ord. No.
1657-95; Ord. No. 1783-99 § 3; Ord. No. 1811-2000 § 1; Ord. No. 2240-2017]
b.
Accessory Uses:
1.
Off-street parking facilities including garages which do not exceed
15 feet in height.
2.
Common facilities and amenities serving the residents of multifamily
developments including swimming pools and other on-site recreational
facilities, common walkways, sitting areas and gardens, and other
similar uses.
5.
Retail and business service and personal service establishments;
restaurants and other eating establishments, but excluding any drive-in
establishments; medical offices; and commercial recreational businesses
subject to the following standards:
(a)
The uses shall serve beach area residents and visitors.
(b)
The uses shall be developed integral to and accessory to any
multiple family residential development.
(c)
The maximum floor area for such uses shall not exceed 10% of
the area of the site.
(d)
All such uses shall be single story uses with apartments above
or with roof areas being developed with common facilities serving
the planned multifamily development.
(e)
Ingress and egress to accessory commercial uses shall be from
public streets, the public boardwalk or from other public ways and
shall be separate from any ingress or egress to or from the multifamily
residential units.
(f)
Off-street parking shall be required, but calculated at 50% of the requirements of subsection 35-13.4, Schedule II, Minimum Off-Street Parking Spaces.
(g)
Loading and refuse areas shall be independent from the residential
developments and shall be screened from view.
(h)
All fumes, odors, smoke or other similar discharges shall be
vented vertically to minimize any adverse effect on site and area
residents.
[1972 Code § 107-13; Ord. No. 1097; Ord. No. 1139; Ord. No. 1768-98 § 1; Ord. No. 1783-99 § 4; Ord. No. 1840-00 § 1; Ord. No. 2057-09 § 3; Ord. No. 2242-2017]
a.
Principal Permitted Uses:
1.
Stores and shops for the conduct of any retain trade or business
service use.
2.
Personal service establishments.
3.
Banks and financial institutions.
4.
Newspaper offices.
5.
Business and professional offices.
6.
Taxi stands, bus and railroad passenger stations, and facilities
for bicycles.
7.
Telephone, telegraph and other communications facilities.
8.
Restaurant establishments, but not including fast food drive-in facilities.
9.
Indoor theaters for movies and the performing arts, bowling alleys,
billiard parlors, gymnasiums, physical culture and health clubs and
similar recreational and cultural facilities situated wholly within
a structure.
10.
Day care centers, child care centers and nursery schools.
11.
Apartments over stores. Apartments developed as an upper floor use
provided that each apartment has a separate access from the business
use; has a gross floor area of not less than 800 square feet; and
meets all other applicable municipal and State requirements, including
requirements in this chapter for off-street parking.
12.
Municipal buildings, parks, playgrounds and other governmental facilities,
as necessary and appropriate.
13.
Mortuaries and funeral homes:
(a)
Restrictions on Uses in Subsections a1 through a13. In any such establishments, no wholesale merchandising or distributing shall be permitted and no merchandise shall be carried or stored in or about the building, structure, enclosure or land, other than that intended to be sold at retail within such building, structure, enclosure or land. No business or use shall be carried on in connection with any merchandising establishments or permitted in any building, structure or upon any land which is or is likely to be injurious, obnoxious, offensive or dangerous by reason of noise, smoke, odor, gas, dust or other objectionable or hazardous features or which for any reason would hinder, interfere with or detrimentally affect the health, safety, comfort or general welfare of the Borough.
b.
Permitted Accessory Uses:
1.
Other uses and structures customarily incidental to a principal permitted
use. All accessory structures shall be located in side or rear yard
areas and set back in accordance with zoning district regulations
in Schedule I.[1] Garages and similar storage buildings shall not exceed
15 feet in height; sheds and similar structures shall not exceed 10
feet in height or exceed 100 square feet in size.
[1]
Editor's Note: Schedule I, referred to herein, may be found
as an attachment to this chapter.
2.
Public and private parking.
[1972 Code § 107-14; Ord. No. 1097; Ord. No. 1657-95; Ord. No. 1733-97 § 1; Ord. No. 1746-98 § 1; Ord. No. 1783-99 § 5; Ord. No. 2243-2017]
a.
Principal Permitted Uses:
1.
Marinas.
2.
Stores and shops for the conduct of any retail trade or business
service use.
3.
Personal service establishments.
4.
Business and professional offices.
5.
Restaurant establishment, but not including fast food drive-in facilities.
6.
Apartments over stores. Apartments developed as an upper floor use
provided that each apartment has a separate access from the business
use; has a gross floor area of not less than 800 square feet; and
meets all other applicable municipal and State requirements, including
requirements in this chapter for off-street parking.
7.
Boat sales, boat rentals and boat servicing establishments.
8.
Boat storage facilities.
10.
Senior Citizen Housing.
b.
Permitted Accessory Uses:
1.
Other uses and structures customarily incidental to a principal permitted
use. All accessory structures shall be located in side or rear yard
areas and set back in accordance with zoning district regulations
in Schedule I.[1] Garages and similar storage buildings shall not exceed
15 feet in height; sheds and similar structures shall not exceed 10
feet in height or exceed 100 square feet in size.
[1]
Editor's Note: Schedule I, referred to herein, may be found
as an attachment to this chapter.
2.
Public and private parking.
[1972 Code § 107-14.1; Ord. No.
1097; Ord. No. 1734-98 § 1; Ord. No. 1768-98 § 2; Ord. No. 1783-99 § 6; Ord. No. 2057-09 § 4; Ord. No. 2244-2017]
a.
Principal Permitted Uses:
1.
All permitted B-1 zone uses.
2.
Wholesale purchasing and distribution facilities subject to all goods
being stored and displayed wholly within structures.
3.
(Reserved)
5.
Electrical, plumbing, carpentry, and masonry contractor shops with
only incidental outdoor storage restricted to the rear yard area.
b.
Permitted Accessory Uses:
1.
Other uses and structures customarily incidental to a principal permitted
use. All accessory structures shall be located in side or rear yard
areas and set back in accordance with zoning district regulations
in Schedule I.[1] Garages and similar storage buildings shall not exceed
15 feet in height; sheds and similar structures shall not exceed 10
feet in height or exceed 100 square feet in size.
[1]
Editor's Note: Schedule I, referred to herein, may be found
as an attachment to this chapter.
2.
Public and private parking
[1972 Code § 107-15; Ord. No. 1097; Ord. No. 1657-95; Ord. No. 1768-98 § 3; Ord. No. 1783-99 § 7; Ord. No. 2241-2017; amended 6-12-2023 by Ord. No. 2401-23]
a.
Principal Permitted Uses:
1.
Single family detached dwellings.
2.
Professional offices of doctors, dentists, lawyers, accountants,
licensed professional engineers, licensed land surveyors and architects.
3.
Business offices, including banks, fiduciary institutions, brokerage
offices and real estate and insurance offices, provided that no office
shall be used in whole or in part for the sale of retail goods, nor
shall any such office be used for voice instruction to groups, tearooms,
beauty parlors, hairdressing and manicuring establishments, barbershops
or mortuary establishments.
4.
Residential use on the second floor only for professional offices
and business offices.
5.
Such municipal buildings, parks, playgrounds or other municipal facilities
deemed necessary and appropriate by the Governing Body.
b.
Permitted Accessory Uses:
1.
Other uses and structures customarily incidental to a principal permitted
use. All accessory structures shall be located inside or rear yard
areas and set back in accordance with zoning district regulations
in Schedule I. Garages and similar storage buildings shall not exceed
15 feet in height; sheds and similar structures shall not exceed 10
feet in height or exceed 100 square feet in size.
2.
Public and private parking.
[1972 Code § 107-16; Ord. No. 1097; Ord. No. 1925-04 § 2,3; Ord. No. 2245-2017]
b.
Permitted Accessory Uses:
1.
Other uses and structures customarily incidental to a principal permitted
use. All accessory structures shall be located in side or rear yard
areas and set back in accordance with zoning district regulations
in Schedule I.[1] Garages and similar storage buildings shall not exceed
15 feet in height; sheds and similar structures shall not exceed 10
feet in height or exceed 100 square feet in size.
[1]
Editor's Note: Schedule I, referred to herein, may be found
as an attachment to this chapter.
2.
Public and private parking.
[1972 Code § 107-17; Ord No. 1097]
The permitted use is limited to public municipal parking.
[1]
Editor's Note: Former subsection 35-5.15, PUD Planned Unit
Development Zone previously codified herein and containing portions
of 1972 Code § 107-18 and Ordinance Nos. 1097 and 1783-99
was repealed in its entirety by Ordinance No. 1997-07.
[1972 Code § 107-19; Ord. No. 1097]
The permitted use is restricted to open space for these designated
wetlands areas.
[Amended 3-18-2019 by Ord. No. 2281-19]
a.
Purpose. The purpose of the PR Affordable Housing Overlay Zone is
to provide an opportunity to develop affordable housing to meet present
and prospective housing needs, with particular attention to low- and
moderate-income housing, in conformance with the Fair Housing Act
(N.J.S.A. 52-27D-301), New Jersey Council on Affordable Housing ("COAH")
Prior Round regulations, and the Housing Element and Fair Share Plan
prepared by the Borough to address its Third Round affordable housing
obligations. Permitted and conditional uses within this zone shall
include all permitted and conditional uses in the RM Zoning District,
and affordable housing development in accordance with the provisions
of this section.
b.
Affordable Housing Overlay Zone. The following parcels or tracts
are designated as part of the Affordable Housing Overlay Zone:
|
Block 82, Lot 56.01
|
C0001
|
35A Euclid Avenue
| |
|
C0002
|
35B Euclid Avenue
| ||
|
C0003
|
35C Euclid Avenue
| ||
|
Block 73, Lots
|
78
|
142 Morris Avenue
| |
|
81
|
140 Morris Avenue
| ||
|
83
|
138 Morris Avenue
| ||
|
85
|
136 Morris Avenue
| ||
|
87
|
134 Morris Avenue
| ||
|
89
|
132 Morris Avenue
| ||
|
91
|
130 Morris Avenue
| ||
|
93
|
128 Morris Avenue
|
c.
Principal Permitted Uses:
1.
All uses permitted within the zoning district in which the overlay
zone is located.
d.
Accessory Uses:
1.
Off-street parking facilities including garages which do not exceed 15 feet in height and meet setback regulations of Subsection 35-9.4.
5.
Common facilities and amenities serving the residents of multifamily
developments including swimming pools and other on-site recreational
facilities, common walkways, sitting areas and gardens, and other
similar uses.
e.
Area, yard and building requirements. The requirements for affordable
housing development shall be the same as provided for in the R-M Residential
Multi-Family Zone; provided, however, that the minimum lot size shall
be a minimum of 20,000 square feet and the maximum permitted density
for the overlay zone is 10 units/acre.
[Ord. No. 1957-05 § I]
In the BR-1 Business Retail Zone, the following uses are permitted:
a.
Principal Permitted Uses.
1.
Stores and shops for the conduct of any retail trade.
2.
Personal service establishments primarily engaged in providing services
involving the care of a person or the person's goods or apparel, such
as cleaning, laundry, beauty shops, barbershops, shoe repair, nail
shops, physical therapists, eye glass sales and examination and similar
uses, but excluding tattoo parlors and body piercing establishments.
3.
Banks and financial institutions.
4.
Restaurant establishments, but not including fast food drive-in facilities.
5.
Business and professional offices developed as an upper floor use
provided that such offices have a separate access from the business
use on the first floor.
6.
Apartments developed as an upper floor use provided that each apartment
has a separate access from the business use; has a gross floor area
of not less than 800 square feet; and meets all other applicable municipal
and State requirements, including requirements in this chapter for
off-street parking.
7.
Municipal buildings, parks, playgrounds and other governmental facilities,
as necessary and appropriate.
b.
Restrictions on Uses in a1 through a7. In any such establishments,
no wholesale merchandising or distributing shall be permitted and
no merchandise shall be carried or stored in or about the building,
structure, enclosure or land, other than that intended to be sold
at retail within such building, structure, enclosure or land. No business
or use shall be carried on in connection with any merchandising establishments
or permitted in any building, structure or upon any land which is
or is likely to be injurious, obnoxious, offensive or dangerous by
reason of noise, smoke, odor, gas, dust or other objectionable or
hazardous features or which for any reason would hinder, interfere
with or detrimentally affect the health, safety, comfort, or general
welfare of the Borough.
c.
Permitted Accessory Uses.
1.
Other uses and structures customarily incidental to a principal permitted
use. All accessory structures shall be located in side or rear yard
areas and set back in accordance with zoning district regulations
in Schedule I.[1] Garages and similar storage buildings shall not exceed
15 feet in height; sheds and similar structures shall not exceed 10
feet in height nor exceed 100 square feet in size.
[1]
Editor's Note: Schedule I, referred to herein, may be found
as an attachment to this chapter.
2.
Public and private parking.
[Ord. No. 1997-07 § 2]
a.
Permitted Uses. The permitted uses in this zone are public parks,
playgrounds, open space, recreation facilities and parking.
[Added 3-18-2019 by Ord.
No. 2285-19]
a.
Purpose: The purpose of the Affordable Housing Overlay Zone is to
provide an opportunity to develop affordable housing to meet present
and prospective housing needs, with particular attention to low- and
moderate-income housing, in conformance with the requirements of the
Court, the Fair Housing Act,[1] and the Housing Element and Fair Share Plan of Manasquan
Borough. Permitted and conditional uses within the designated overlay
zone shall include all permitted and conditional uses in the underlying
zoning district in which the overlay zone is located and allow for
affordable housing development within the provisions of this subsection.
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
b.
Affordable Housing Overlay Zone: Tax lots with frontage on portions
of Route 71 and Main Street within the Borough of Manasquan will be
included in the overlay zone and allow for affordable housing development
with no affect to any existing zoning district regulations or standards.
A map is attached to this subsection that delineates the overlay zone.
Additionally, a list of all tax lots to be included in the Affordable
Housing Overlay Zone is provided below.[2]
[2]
Editor's Note: Said map and list are available for review
in the Borough offices.
c.
Density: The maximum density permitted for all affordable housing
development in the overlay zone fronting on Main Street is 14 units
per acre. The maximum density permitted for all affordable housing
development in the overlay zone fronting on Route 71 is 10 units per
acre.
d.
Principal Permitted Uses:
1.
All uses permitted within the underlying zoning district in which
the overlay zone is located.
2.
Affordable housing development for sale or rental housing may include
the following uses:
(a)
Mixed uses with ground floor retail;
(b)
Townhouses;
(c)
Age-restricted units, however, age-restricted units shall be
permitted to satisfy up to 25% of the Borough's unmet need. Any age-restricted
units beyond 25% of the Borough's unmet need shall not be permitted
to count as an affordable housing credit against unmet need for the
Third Round, but may count towards future affordable housing obligations,
should future laws or court orders so permit;
(d)
Supportive and special needs housing; and
(e)
Multiple-family residential buildings with five or more units.
4.
Common facilities and amenities serving residents of multifamily
developments including swimming pools or other on-site recreational
facilities, common walkways, sitting areas and gardens, and other
similar accessory uses.
5.
Affordable Housing Requirements: All affordable housing developments within the overlay zone, for projects consisting of five or more units only, shall provide a minimum of 20% affordable housing units for very-low, low- and moderate-income households in accordance with Manasquan Borough affordable housing requirements. All affordable housing developments shall conform to the standards and requirements found in the Borough of Manasquan's Affordable Housing Ordinance (§ 35-36), including provisions for affordability, very-low-income units, and UHAC standards.
e.
Repealer. The remainder of all other sections and subsections of
the aforementioned subsection not specifically amended by this subsection
shall remain in full force and effect.
f.
Inconsistent ordinances. All other ordinances or parts thereof inconsistent
with the provisions of this subsection are hereby repealed as to such
inconsistency.
g.
Severability. If any section, paragraph, subdivision, clause, or
provision of this subsection shall be adjudged invalid, such adjudication
shall apply only to the section, paragraph, subdivision, clause, or
provision so adjudged and the remainder of this subsection shall be
deemed valid and effective.
h.
Effective Date. This subsection shall take effect upon its passage
and publication according to law.
[Added 5-6-2019 by Ord. No. 2286-19]
The purpose of the Affordable Housing AR-1 Zone ("AR-1 Zone")
is to provide for the development of a multifamily inclusionary development
designed to assist the Borough in satisfying its combined Prior Round
and Round 3 (1999-2025) Realistic Development Potential ("RDP") affordable
housing obligation through construction of affordable units set aside
for low- and moderate-income households. The AR-1 Zone shall comprise
the following tax lots: Lots 25.01, 25.02, 26, and 27, Block 64. This
section is adopted in furtherance of the Settlement Agreement entered
into between the Borough and Fair Share Housing Center ("FSHC") on
July 2, 2018 (hereinafter the "FSHC Settlement Agreement"), the Settlement
Agreement entered into between the Borough and Broad Street 44, LLC,
and Union Avenue 33, LLC (hereinafter the "Sepe Settlement Agreement"),
and in connection with the Borough's Mount Laurel litigation captioned
at MON-L-2508-15.
a.
Permitted principal uses: residential within a single multifamily
building. A maximum of 22 units are permitted, and all units shall
be market rate. The affordable housing obligation generated by this
development shall be provided off-site pursuant to the terms of the
Sepe Settlement Agreement, which provides that COs shall not be issued
for units in this zone until overall affordable unit/market unit phasing
requirements are complied with for the Broad Street site and the Union
Avenue site.
b.
Permitted accessory uses.
1.
Off-street parking facilities.
2.
Other uses that are customarily incidental to a permitted principal
use. No sheds are permitted on the property.
3.
Common facilities and amenities serving the residents of the multifamily
developments, including swimming pools and other on-site recreational
areas and facilities, common walkways, sitting areas and gardens,
and other similar uses.
4.
Fences and walls erected, maintained or planted no greater than six feet above ground level within a side or rear yard, and no greater than four feet within a front yard, and otherwise in accordance with the standards of § 35-7.5.
5.
Bike racks.
6.
Solid waste and recycling area, set back at least five feet from
any rear yard or side yard. No setback from the parking area is required.
The area shall be screened from view from a public right-of-way by
a combination of block and chain-link fence and shall have gated access.
7.
Site lighting. The arrangement of exterior lighting shall adequately
illuminate parking areas and prevent glare to adjoining residential
areas.
c.
Prohibited uses.
1.
Parking or storage of boats, boat trailers, motor homes, taxicabs,
limousines, construction equipment, commercial vehicles and recreational
vehicles.
d.
Bulk, area and building requirements.
1.
Minimum lot size: 36,000 square feet.
2.
Minimum lot frontage: 190 feet.
3.
Minimum lot depth: 180 feet.
4.
Minimum front yard setback: five feet.
5.
Minimum one side yard setback: six feet.
6.
Minimum both side yard setback: 20 feet.
7.
Minimum rear yard setback: 50 feet.
9.
Maximum building coverage: 50%.
10.
Maximum floor area ratio: 1.5.
11.
Maximum lot coverage: 80%.
12.
Maximum building width: 160 feet.
13.
Minimum parking setback from side lot line: five feet.
14.
Minimum parking setback rear from lot line: 15 feet.
15.
Minimum drive aisle setback from a side lot line: four feet.
e.
Site access, off-street parking, and loading requirements.
1.
One site access driveway shall be provided with a minimum width of
22 feet.
2.
Number of spaces, and parking space dimensions, as required by New
Jersey Residential Site Improvement Standards at N.J.A.C. 5:21-1.1
et seq., shall apply, notwithstanding any standards to the contrary
in the Zoning Ordinance.
3.
Parking shall be in the rear yard, and may also be provided beneath
the principal building, without setback from a principal or accessory
building.
4.
No loading space is required.
f.
Landscape buffer. Adjacent to a residential zone, a fifteen-foot
buffer, a five-foot portion of which must be planted, landscaped and
provides irrigation. Landscaping along the public right-of-way is
not required.
g.
Identification sign. One wall-mounted, nonilluminated address sign
is permitted with a maximum sign area of five square feet.
h.
Design standards. A multifamily building should have a unified theme,
displayed through the application of common building materials consistent
with the rendering attached to the Sepe Settlement Agreement as Exhibit
A, and materials list as Exhibit E,[2] or as may be modified as permitted by the Settlement Agreement.
If the rendering conflicts with design standards or regulations within
the zoning ordinance the rendering shall control.
[2]
Editor's Note: The settlement and exhibits may be found in
the Borough offices.
[Added 5-6-2019 by Ord. No. 2287-19; amended 7-20-2020 by Ord. No. 2321-20]
The purpose of the Affordable Housing AR-2 Zone ("AR-2 Zone")
is to provide for the development of a multifamily inclusionary development
designed to assist the Borough in satisfying its combined Prior Round
and Round 3 (1999-2025) Realistic Development Potential ("RDP") affordable
housing obligation through construction of affordable units set aside
for low- and moderate-income households. The AR-2 Zone shall comprise
the following tax lots: Lot 31.01, Block 66.02. This section is adopted
in furtherance of the Settlement Agreement entered into between the
Borough and Fair Share Housing Center ("FSHC") on July 2, 2018 (hereinafter
"FSHC Settlement Agreement"), the Settlement Agreement entered into
between the Borough and Broad Street 33, LLC and Union Avenue 33,
LLC (hereinafter the "Sepe Settlement Agreement"), and in connection
with the Borough's Mount Laurel litigation captioned at MON-L-2508-15.
a.
Permitted principal uses: market rate and affordable residential
housing within a multifamily building. A maximum of 23 units are permitted,
with an on-site affordable housing set-aside provided. The required
affordable housing set-aside shall be 20% of the total number of units
developed at this site (Lot 31.01, Block 66.02), and the site known
as Lots 25.01, 25.02, 26 & 27, Block 64 (the "Broad Street Site").
For example, it is anticipated that a total of 45 residential units
will be developed at both sites, which will require a 20% affordable
housing set-aside of nine total affordable family rental housing units
to be developed on the Union Avenue site. In addition, the affordable
housing phasing requirement in the Sepe Settlement Agreement will
apply to both the Broad Street Site and the Union Avenue Site.
b.
Permitted accessory uses.
1.
Off-street parking facilities.
2.
Other uses that are customarily incidental to a permitted principal
use.
3.
Common facilities and amenities serving the residents of the multifamily
developments including swimming pools and other on-site recreational
areas and facilities, common walkways, sitting areas and gardens,
and other similar uses.
4.
Fences and walls erected, maintained or planted no greater than six feet above ground level within a side or rear yard, and no greater than four feet within a front yard, and otherwise in accordance with the standards of § 35-7.5.
5.
Bike racks.
6.
Solid waste and recycling area, setback at least five feet from any
rear or side yard. No setback from the parking area is required. The
area shall be screened from view from a public right-of-way by either
an enclosed by six-foot chain link fence with vinyl strips, or a combination
of block and chain link fence, and shall have gated access.
7.
Site lighting. The arrangement of exterior lighting shall adequately
illuminate parking areas and prevent glare to adjoining residential
areas.
c.
Prohibited uses.
1.
Parking or storage of boats, boat trailers, motor homes, and recreational
vehicles.
d.
Bulk, area and building requirements.
1.
Minimum lot size: 24,000 square feet.
2.
Minimum lot frontage: 130 feet.
3.
Minimum lot depth: 240 feet.
4.
Minimum front yard setback: 10 feet.
5.
Minimum one side yard setback: four feet.
6.
Minimum both side yard setback: nine feet.
7.
Minimum rear yard setback: 20 feet.
9.
Maximum building coverage: 60%.
10.
Maximum lot coverage: 60%.
11.
Maximum building width: 100 feet.
12.
Maximum building length: 200 feet.
13.
Minimum parking setback from side lot line: five feet.
14.
Minimum parking setback rear from lot line: 20 feet.
e.
Site access, off-street parking, and loading requirements.
f.
Identification sign. One wall-mounted, nonilluminated address sign
is permitted with a maximum sign area of five square feet.
g.
Design standards. A multifamily building should have a unified theme,
displayed through the application of common building materials consistent
with the rendering attached to the Sepe Settlement Agreement as Exhibit
B, and the material list as Exhibit E,[4] or as may be modified as permitted by the Settlement Agreement.
If the rendering conflicts with design standards or regulations within
the zoning ordinance the rendering shall control.
[4]
Editor's Note: The settlement and exhibits may be found in
the Borough offices.
[Added 6-12-2023 by Ord. No. 2399-23]
In the R-2A Zone, the following uses are permitted:
a.
Principal Permitted Uses:
b.
Accessory Uses:
2.
Off-street parking.
3.
Private garages and carports which meet all of the following requirements:
(a)
Maximum building coverage - 600 square feet.
(b)
Maximum height - 15 feet.
(c)
Minimum side yard setback - five feet.
(d)
Minimum rear yard setback - five feet.
(e)
Detached garages shall be located only in the side or rear yard
area.
(f)
Private garages and carports shall be included when calculating
building coverage.
(g)
Private garages and carports shall conform architecturally to
the principal building on the lot.
(h)
Not more than one private garage or carport shall be constructed
on a building lot.
4.
Private residential tool sheds, storage buildings, greenhouses, gazebos
or pool cabanas which meet all of the following requirements:
(a)
Maximum building area - 100 square feet.
(b)
Maximum height - 10 feet.
(c)
Minimum side yard setback - three feet.
(d)
Structures shall be located in the rear yard only.
(e)
Minimum rear yard setback - three feet.
(f)
Not more than one tool shed, storage building, greenhouse, gazebo
or pool cabana shall be constructed on a building lot.
(g)
Tool sheds, storage buildings, greenhouses, gazebos and pool
cabanas will not be counted in calculating building coverage unless
such building is constructed on a slab or permanent foundation.
(h)
A private storage building not to exceed 200 square feet may
be constructed on a lot under the following conditions:
(1)
There is not an attached or detached garage, storage building,
tool shed, detached greenhouse, gazebo or pool cabana on the property.
(2)
Maximum height - 10 feet.
(3)
Minimum side setback - five feet.
(4)
Minimum rear yard setback - five feet.
(5)
Structure shall be located in the rear yard only.
(6)
The storage building will not be counted in calculation of building
coverage unless such building is constructed on a slab or permanent
foundation.
(i)
A temporary vinyl storage unit not to exceed 200 square feet
may be installed or constructed on a building lot under the following
conditions:
(1)
There is not an attached or detached garage, storage building,
tool shed, detached greenhouse, gazebo or pool cabana on the property.
(2)
Maximum height - 10 feet.
(3)
Minimum side yard setback - five feet.
(4)
Minimum rear yard setback - five feet.
(5)
Unit must be maintained in a state of good repair.
(6)
Temporary unit permitted a maximum of six months in any calendar
year.
(j)
A temporary storage unit, trailer or personal on demand storage
unit (PODS®) may be located on a building lot after payment of the application fee as stated in Chapter 16, Fees, under the following conditions:
(1)
Maximum height - eight feet.
(2)
Maximum length - 16 feet.
(3)
Temporary storage unit is permitted for a maximum of 30 days
within any calendar year, measured from the date of zoning approval.
(4)
Placement of the temporary storage unit on the lot must not
impair the visibility from adjacent properties.
(5)
The temporary storage unit is permitted on single-family residential
properties only.
5.
Animal shelters to house resident domestic pets which meet all of
the following requirements:
(a)
Maximum building area - 30 square feet.
(b)
Maximum height - five feet.
(c)
Minimum side yard setback - three feet.
(d)
Minimum rear yard setback - three feet.
(e)
Animal shelters shall be located only in the side or rear yard
area.
(f)
Not more than one animal shelter shall be constructed on a building
lot.
(g)
Animal shelters will not be counted in calculating building
coverage unless such building is constructed on a slab or permanent
foundation.
c.
Conditional Uses:
3.
Community residences for the developmentally disabled, community
shelters for victims of domestic violence, community residences for
the terminally ill, community residences for persons with head injuries,
adult family care homes for elderly persons and physically disabled
adults and all other entities described in N.J.S.A. 40:55D-66.1 and
40:55D-66.2 which provide services to not more than 15 persons subject
to these uses conforming with the provisions of the aforesaid statutes.
The requirements for these uses shall be the same as for single-family
dwelling units.
|
Supplementary Use Regulations
|
[1972 Code § 107-20; Ord. No. 1097; Ord. No. 1657-95]
No house, dwelling, building, structure or enclosure, or ship,
boat or vessel, or any part of a house, dwelling, building, structure
or enclosure or ship, boat or vessel, within the Borough of Manasquan
shall be used or permitted to be used or rented to for use or rented
by for use as living quarters or sleeping quarters or for living purposes
or sleeping purposes unless same complies with applicable municipal,
County and State housing standards.
[1972 Code § 107-21; Ord. No. 1097; Ord. No. 1657-95]
The following shall restrict the use of boats in all residential
zones:
a.
No ship, boat or vessel of any kind shall be used for any business
or commercial purpose, nor shall the owner, agent, charterer, master
or person in charge of any such vessel permit the same to be used
for business or commercial purposes while such vessel is moored, docked
or located within the Borough of Manasquan, except for vessels while
engaged in dredging or in the construction, repair or improvement
of waterfront facilities.
b.
No ship, boat or vessel of any kind shall embark or disembark passengers
or parties of persons within the Borough of Manasquan if such passengers
or parties of persons are carried on such vessel for consideration,
nor shall the owner, agent, charterer, master or person in charge
of any such vessel permit the embarkation or disembarkation of such
passengers or parties within this Borough.
c.
No ship, boat or vessel of any kind shall be permanently beached,
grounded or so enclosed or located as to become a permanent structure
on any parcel of land or real estate within the Borough of Manasquan.
d.
Nothing herein contained shall be construed to prohibit or restrict
the mooring, docking and servicing of yachts or pleasure craft of
any kind within the Borough of Manasquan while same are used as private
pleasure craft or to prevent or restrict the dry-docking and storage
of such private yachts and pleasure craft on a temporary or seasonal
basis within this Borough.
[1972 Code § 107-22; Ord. No. 1097; Ord. No. 1525-90]
a.
No trailer, motor-drawn vehicle, recreational vehicle or portable
object which can be used for dwelling or sleeping purposes shall be
parked or placed on any street or public property in the Borough of
Manasquan. No person shall occupy or use an automobile, trailer, motor-drawn
vehicle, recreational vehicle or portable object while parked or placed
anywhere within the Borough of Manasquan, either on public or private
property, for living or sleeping purposes.
b.
No automobile, trailer, motor-drawn vehicle, recreational vehicle
or portable object shall be used for business or commercial purposes
while parked or placed anywhere within the Borough of Manasquan, either
on public or private property, except for temporary use at construction
and building sites where the same are occupied by contractors or engineers
engaged in building or construction projects. Any such vehicle or
object shall be removed immediately upon completion of the project
for which it is being used.
[1972 Code § 107-23; Ord. No. 1097]
No land within the Borough of Manasquan shall be used as an
auto-wrecking yard or junkyard or for any business which involves
the outdoor storage of waste, secondhand or salvaged material.
[1972 Code § 107-23.1; Ord. No.
1115; Ord. No. 1973-06 §§ 1, 2; Ord. No. 2057-09 § 5; Ord. No. 2180-15; amended 10-3-2022 by Ord. No. 2376-22]
a.
No wall/fence shall be erected, maintained to a height greater than
six feet above the existing grade of the property, provided that the
same is more than 25 feet from any street line. No wall/fence shall
be erected, maintained to a height greater than four feet within 25
feet of any street line.
b.
No fence/wall shall be erected, maintained or equipped with or having
barbed wire, spikes, broken glass, sharp or dangerous devices or any
electrical charge sufficient to cause a shock, except that business
and public properties within the Borough may be enclosed with fences
having barbed wire barriers, provided that all such barbed wire is
kept at least six feet above ground level.
c.
The finished side of any fence shall face the outside of the property
it encloses.
d.
No wall/fence shall be erected, maintained or planted on any lot
which unreasonably obstructs or interferes with traffic visibility
on a curve or at any street intersection.
e.
No fence/wall shall be constructed unless the owner or the person in possession of the lands on which the fence is to be constructed shall first obtain a zoning permit from the Zoning Officer prior to the commencement of construction. An application for the permit must be submitted in writing to the Zoning Officer, together with a plan, and must be accompanied by a fee in the amount as stated in Chapter 16, Fees.
f.
No fence/wall shall be erected, maintained in the front yard on property
located in the R-4 Beachfront One Family Residential Zone. A fence
not more than six feet in height may be located in the side and rear
yards provided the fence does not extend beyond the front of the building
line of the adjacent properties. A solid fence is prohibited.
[1972 Code § 107-23.2; Ord. No.
1152; amended 4-5-2021 by Ord. No. 2345-21]
a.
The following are prohibited uses:
1.
Adult book or film store, which is defined as a store selling, offering
for sale, displaying or in any manner exhibiting obscene material,
as that term is defined in N.J.S.A. 2C:34-3a.
2.
All classes
of cannabis establishments or cannabis distributors or cannabis delivery
services as said terms are defined in section 3 of P.L. 2021, c. 16,
but not the delivery of cannabis items and related supplies by a delivery
service.
[Added 4-5-2021 by Ord. No. 2345-21]
b.
All uses not expressly permitted in this chapter shall be deemed
to be prohibited uses.
[Ord. No. 1852-01 § 6; Ord. No. 2174-15 § 3; Ord. No. 2208-2016; Ord.
No. 2227-2017 § 2; amended 9-21-2020 by Ord. No. 2311-20]
a.
A driveway exclusive of curb return radii shall not exceed 12 feet
in width at the curbline; provided, however, if a property contains
a two-car garage facing a street, the driveway exclusive of curb return
radii shall not exceed 20 feet in width at the curbline.
1.
Notwithstanding the above provision, an existing driveway exclusive
of curb return radii may be replaced or reconstructed for its existing
width; provided however, no repaired or reconstructed driveway exclusive
of curb return radii shall exceed 20 feet in width at the curbline.
b.
A curb return radius from a driveway at its entrance to a public
street shall be a minimum of five feet.
c.
The width of a driveway exclusive of curb return radii shall not
exceed 20 feet.
d.
A maximum of one curb cut is permitted for each building lot.
e.
The outer edge of the driveway must be set back at least one foot
from the side property line.
f.
In the R-1 and R-2 Zones a driveway may be expanded to the width
of the two-car garage provided that the maximum width of the driveway
at the property line does not exceed 20 feet.
[Ord. No. 1982-06 § 1]
a.
An enclosed storage area, having a minimum of 80 square feet and
400 cubic feet, shall be provided for the storage of household personal
items. The storage area may be an interior utility closet, interior
storage room, attached garage, unattached garage or an exterior shed.
b.
An exterior deck, porch, patio or similar facility, having a minimum
area of 80 square feet or 10% of the first floor area of the dwelling,
whichever is greater, shall be provided for exterior living purposes.
Front yard decks and porches are encouraged to fulfill this requirement.
c.
A landscaping plan showing planting, shrubbery and lawn area shall
be provided for the front yard.
d.
Off-street parking shall be provided in the rear yard area of the lot in conformance with Section 35-13. If there is insufficient space to provide parking in the rear yard area, parking may be provided in the front or side yards provided that:
1.
If lot width is 40 feet or less, the driveway width shall not exceed
50% of the actual lot width.
2.
If the parking area is located in the front yard, the balance of
the front yard area cannot be improved with concrete, macadam, pavers
or similar material except to provide a four foot walkway between
the street and the front of the dwelling.
3.
The above driveway requirements are not applicable in the R-4 Beachfront
One-Family Residential Zone.
[Ord. No. 1982-06 § 1]
a.
An enclosed storage area, having a minimum of 80 square feet and
400 cubic feet, shall be provided for the storage of household personal
items. The storage area may be an interior utility closet, interior
storage room, attached garage, unattached garage or an exterior shed.
b.
An exterior deck, porch, patio or similar facility, having a minimum
area of 80 square feet or 10% of the first floor area of the living
unit, whichever is greater, shall be provided for exterior living
purposes. Front yard decks and porches are encouraged to fulfill this
requirement.
c.
In R-3, R-4 and R-5 Zones, an exterior shower area or washing station
shall be provided.
d.
An enclosed common area for the temporary storage of solid waste
and recyclable materials shall be provided. This area shall be shielded
from view of neighboring properties and the street, and be sized to
accommodate the required number of solid waste and recyclable material
containers or a dumpster for the storage of such materials.
e.
Off-street parking shall be provided in the rear of the structure.
Vehicle egress shall be designed to prevent backing out onto a street.
f.
A landscaping plan showing planting, shrubbery and lawn area for
the front, side and rear yards shall be provided.
g.
Interior walls shall be soundproofed between all residential and
commercial units to meet a Sound Transmission Class (STC) rating of
50 or higher.
|
Zone Regulations
|
[1972 Code § 107-24; Ord. No. 1097]
The restrictions and controls intended to regulate development
in each zone as set forth in the Schedule of Area, Yard and Building
Requirements which is supplemented by other sections of this chapter.
[1972 Code § 107-25; Ord. No. 1097]
Except as hereinafter otherwise provided:
a.
No building or structure shall be erected, converted, enlarged, reconstructed
or structurally altered, nor shall any building or land be used, for
any purpose other than that which is permitted in the district in
which the building or land is located.
b.
No building or structure shall be erected, converted, enlarged, reconstructed
or structurally altered to exceed the height limit herein established
for the district in which the building is located.
c.
No building or structure shall be erected, converted, enlarged, reconstructed
or structurally altered except in conformity with the area regulations
of the district in which the building is located.
d.
No space which, for the purpose of a building or dwelling group,
has been counted or calculated as part of a side yard, rear yard,
front yard, court or other open space required by this chapter may,
by reason of change in ownership or otherwise, be counted or calculated
to satisfy or comply with a yard, court or other open space requirement
of or for any other building.
e.
The minimum yards or other open spaces, including lot areas per family
required by this chapter for each and every building existing at the
time of passage of this chapter or for any building hereafter erected,
shall not be encroached upon or considered as yard or open space requirements
for any other building.
[1972 Code § 107-26; Ord. No. 1097]
Nothing in this chapter shall be deemed to require any change
in the plans, construction or designated use of any building upon
which actual construction was lawfully begun prior to the adoption
of this chapter and upon which building actual construction has been
diligently carried on, and provided further that such building shall
be completed within two years from the date of passage and publication
of this chapter.
[1972 Code § 107-27; Ord. No. 1097; Ord. No. 1385; Ord. No. 1657-95; Ord.
No. 1702-96; Ord. No. 1711-96; Ord. No. 1957-05 § 4; Ord. No. 1983-06 § 1; Ord. No. 1997-07 §§ 1, 2]
The area, yard and building requirements for each zone in the
municipality are as set forth in Schedule I attached to and made part
of this chapter.
Editor's Note: Schedule I, referred to herein, is included as an attachment to this chapter as Attachment 1: Schedule I, Zoning Schedule of Bulk and Coverage Controls.
|
Supplementary Lot, Height and Yard Requirements
|
[1972 Code § 107-29; Ord. No. 1097]
No building shall be constructed or erected upon a lot or parcel
of land which does not abut upon a public street or upon the monumented
line of the beach adjacent to the Atlantic Ocean.
[1972 Code § 107-30; Ord. No. 1097; Ord. No. 1832-00 § 1; Ord. No. 1983-03 § 2; Ord. No. 2230-2017; amended 9-21-2020 by Ord. No. 2312-20; 10-4-2021 by Ord. No. 2365-21; 10-3-2022 by Ord. No. 2377-22]
a.
Only one principal building shall be permitted on each lot, except
in conjunction with townhouse and planned multi-family residential
development.
b.
Two principal buildings shall be permitted on a lot in the R-4 Beachfront
One-Family Residential Zone provided that:
1.
A garage with a second floor living unit shall front on First Avenue
and a single-family residential dwelling shall front on the beachfront.
2.
The minimum lot width shall be 30 feet.
3.
The minimum lot area shall be 4,200 square feet.
4.
The building facing the beachfront shall be set back a minimum distance
of 15 feet from the front property line.
5.
The garage apartment building facing First Avenue shall be set back
a minimum distance of 10 feet from that property line.
6.
The two buildings shall be separated a minimum distance of 35 feet
from each building.
7.
The maximum height of the garage apartment building facing First
Avenue shall be 32 feet.
8.
The maximum height of the single-family dwelling facing the beachfront
shall be 38 feet for conforming lots and 33 feet for nonconforming
lots.
9.
The first-floor garage area of the building facing First Avenue shall
provide an interior parking area for at least two motor vehicles.
Any excess first floor area may be used for storage purposes, except
vertical access to the second floor; provided, however, no living
area is permitted on the first-floor garage area.
10.
The garage apartment building facing First Avenue shall have a walkway,
with a minimum width of three feet, to provide access to the beachfront.
11.
Each building shall be serviced by separate water and sewer lines.
12.
No single dormer shall exceed 10 feet in length measured along the
fascia.
13.
All dormers, except stairwell and/or elevator dormers must be stepped
back a minimum of two feet from the exterior wall beneath it.
15.
The property shall comply with all other standards applicable in
the R-4 Zone.
[1972 Code § 107-32; Ord. No. 1097; Ord. No. 1657-95; Ord. No. 2130-13 § 1]
a.
The height limitations set forth on Schedule I of subsection 35-9.4 shall not apply to church spires or belfries or to receiving antennas not higher than 10 feet above the permitted height in the zone district.
b.
Maximum building height for all conforming residential principal
buildings located on conforming lots in Flood Hazard Zone V and A
as reflected on the most current FEMA Flood Insurance Rate Map (FIRM)
as released on December 15, 2012, shall be 38 feet.
c.
Maximum building height for all nonconforming residential principal
buildings or conforming residential principal buildings on nonconforming
lots or both, located in Flood Hazard Zones V and A as reflected on
the most current FEMA Flood Insurance Rate Map (FIRM) as released
on December 15,2012, shall be 33 feet.
d.
Maximum building height for all garage apartment buildings facing
First Avenue in Flood Hazard V as reflected on the most current FEMA
Flood Insurance Rate Map (FIRM) as released on December 15, 2012,
shall be 32 feet.
[Ord. No. 2118-12]
The creation of flag lots is prohibited.
[1972 Code § 107-34; Ord. No. 1097]
No wall, fence or shrubbery shall be erected, maintained or
planted on any lot which unreasonably obstructs or interferes with
traffic visibility on a curve or at any street intersection.
[1972 Code § 107-35; Ord. No. 1097; Ord. No. 1825-00 § 2;
amended 10-3-2022 by Ord. No. 2377-22]
A swimming pool or wading pool must be located in the rear yard
only. The pool must be setback a minimum of 10 feet from the side
and rear property lines on interior lots. On a corner lot, the pool
must be setback to meet the minimum side setback for the principal
building.
Notwithstanding the above provision, any temporary wading pool,
which is not more than 12 inches in depth, may be located in the front
yard provided that the pool is emptied daily no later than 7:00 p.m.
and not filled before 9:00 a.m.
[1]
Editor's Note: Former subsection 35-11.7, Nonconforming Buildings and Lots, previously codified herein and containing portions of 1972 Code § 107-35.1 and Ordinance Nos. 1685-96, 1741-98 and 1985-99 was repealed in its entirety by Ordinance No. 1956-05. See Section 35-12 for regulations pertaining to nonconforming buildings and lots.
[Ord. No. 1784-99 § 3; Ord. No. 2057-09 § 7; Ord. No. 2130-13 § 3; Ord. No. 2139-13; Ord.
No. 2228-2017; amended 9-21-2020 by Ord. No. 2313-20; 10-3-2022 by Ord. No. 2377-22]
a.
No deck shall be constructed above the highest finished floor of
any building or structure;
b.
A widow's walk having a maximum floor area of 50 square feet
is permitted provided that it is uncovered and that the sole access
to the widow's walk is from within the interior of the building;
c.
No steps, stairs, entry porch, platform, landing, shower enclosure,
standby generators, pool equipment, air conditioning condensing units,
or mechanical equipment shall be constructed, located or maintained
in any required side yard setback area. Note: Standby generators must
be screened so that it is not visible from the adjacent properties.
Note: Outdoor showers are prohibited in the front yard. Refer to Subsection
35-11.9.1.;
d.
An uncovered and unscreened entry porch, platform or landing leading
to a basement, cellar or first floor which is not more than five feet
wide may project not more than three feet (not including steps) into
the required front or rear yard setback area, provided the floor of
the porch is within three feet of ground level;
e.
Entry steps or stairs may be located in the required front and rear
setback areas;
f.
An open terrace, deck or patio, but not including a roofed over porch
or terrace and not more than three feet above the surrounding grade
may be located in the front yard provided that the unoccupied portion
of the front yard has a depth of at least 10 feet;
g.
A one-story bay window may project into a front yard not more than
three feet;
h.
Roof overhangs and chimneys may project not more than 18 inches into
the required side setback area;
i.
For existing residential principal buildings located in Flood Hazard
Zones V and A as reflected on the most current FEMA Flood Insurance
Rate Map (FIRM) as released on December 15, 2012, steps and/or stairs
required to be extended as a result of the building being raised shall
be permitted to extend into any required front, rear or side yard
setback, but not into the public right-of-way. For new residential
construction located in Flood Hazard Zones V and A as reflected on
the most current FEMA Flood Insurance Rate Map (FIRM) as released
on December 15, 2012, steps and/or stairs may be located in the front
and rear setback areas;
j.
Ground level decks, freestanding decks and/or patios not more than
eight inches above the surrounding grade must be setback a minimum
of five feet from the side and rear property lines on interior lots.
On corner lots, the deck or patio must meet the side setback for the
principal building. Properties located on a lagoon, the rear deck
can be extended to the bulkhead;
k.
Notwithstanding the provisions of paragraphs a and f above, residential
principal buildings located in Flood Hazard Zones V and A as reflected
on the most current FEMA Flood Insurance Rate Map (FIRM), as released
on December 12, 2012, may construct first-floor decks in the front
and rear yards at a height not to exceed the level of the first floor
of the structure.
[Ord. No. 1976-06 § 2]
No hot tub/spa shall be:
a.
Located in the front yard of any lot.
b.
Located in the side yard of any lot.
c.
Located nearer than five feet to any lot line.
d.
Located nearer to the side yard than the principal building on the
lot.
An enclosure for a hot tub/spa shall not exceed 10 feet in height,
measured from the average grade of the lot.
a.
No
outdoor shower shall be located in the front yard.
[Added 10-3-2022 by Ord. No. 2378-22]
[Ord. No. 2145-13 § 2; Ord. No. 2150-14 § 2]
a.
Elevation of an existing building or construction of a new building
on the existing foundation, the exterior siding must extend down over
the foundation to a point not less than 2 1/2 feet above the
existing grade of the property surrounding the building.
b.
Elevation of an existing building or construction of a new building:
1.
Any open area between the lowest finished floor and the existing
grade may be enclosed with a breakaway wall or screening all exposed
pilings must be enclosed.
2.
The exterior siding must extend down over the foundation to a point
not less than 2 1/2 feet above the existing grade surrounding
the building.
3.
Any exposed ground area under the building must be covered with either
concrete or stone.
4.
Any storage area under the building must be enclosed.
[Ord. No. 1956-05 § 2]
An existing nonconforming building or a conforming building
on a nonconforming lot may be repaired, altered, enlarged or extended
provided that there is compliance with the following requirements:
a.
The building is used exclusively for residential purposes.
b.
The use of the building is permitted in the zone.
c.
The nonconforming lot is separately designated on the current municipal
tax map or has been established by a subdivision approved by a Municipal
Land Use Board.
d.
The proposed new building addition complies with subsection 35-9.4 (Schedule of Area Yard and Building Requirements) for the zone in which it is located.
e.
The proposed building height does not exceed 30 feet as measured
from: the top of an existing curb; or in the absence of an existing
curb, from the crown of the road; or in the case of beachfront lots,
from the elevation of the monumented beachfront line.
f.
If the new building addition does not comply with paragraph d above,
then the individual front, side and rear yard setback distances of
the existing nonconforming building must be equal to or greater than
90% of the required setback distances in the zone.
g.
If the new building addition does not comply with paragraph d above,
then existing building and lot coverage cannot exceed 110% of the
maximum building and lot coverage permitted in the zone.
h.
This provision may be invoked only once during any five-year period.
Any subsequent application to repair, alter, enlarge or extend a building
shall be based upon the size and location of the building at the time
of the first repair, alteration, enlargement or extension.
[Ord. No. 1956-05 § 3]
A new conforming building may be built on a nonconforming lot
provided there is compliance with the following requirements:
a.
The building is used exclusively for residential purposes.
b.
The use of the building is permitted in the zone.
c.
The nonconforming lot is separately designated on the current municipal
tax map or has been established by a subdivision approved by a Municipal
Land Use Board.
d.
The proposed new building complies with subsection 35-9.4 (Schedule of Area Yard and Building Requirements) for the zone in which it is located.
e.
Building height does not exceed 30 feet as measured from: the top
of an existing curb; or in the absence of an existing curb, from the
crown of the road; or in the case of beachfront lots, from the elevation
of the monumented beachfront line.
[Ord. No. 1956-05 § 4; Ord. No. 2057-09 § 8]
An existing nonconforming building on a conforming lot may be
repaired, altered, enlarged or extended provided that there is compliance
with the following requirements:
a.
The building is used exclusively for residential purposes.
b.
The use of the building is permitted in the zone.
c.
The conforming lot is separately designated on the current municipal
tax map or has been established by a subdivision approved by a Municipal
Land Use Board.
d.
The proposed new building addition complies with subsection 35-9.4 (Schedule of Area Yard and Building Requirements) for the zone in which it is located.
e.
If the new building addition does not comply with paragraph d above,
then the following shall apply:
1.
The proposed building height does not exceed 30 feet as measured
from: the top of the existing curb; or in the absence of a curb, from
the crown of the road; or in the case of beachfront lots, from the
elevation of the monumented beachfront line.
2.
The individual front, side and rear yard setback distances of the
existing nonconforming building must be equal to or greater than 90%
of the required setback distances in the zone.
3.
The existing building and lot coverage cannot exceed 110% of the
maximum building and lot coverage permitted in the zone.
f.
This provision may be invoked only once during any five-year period.
Any subsequent application to repair, alter, enlarge or extend a building
shall be based upon the size and location of the building at the time
of the first repair, alteration, enlargement or extension.
g.
(Reserved)
h.
This provision may be invoked only once during any five-year period.
Any subsequent application to repair, alter, enlarge or extend a building
shall be based upon the size and location of the building at the time
of the first repair, alteration, enlargement or extension.
[Ord. No. 2119-12]
Structural alterations to the interior of nonconforming structures
shall be permitted provided that the structural alterations do not
expand or extend the footprint or height of the nonconforming structure.
|
Parking and Loading Regulations
|
[1972 Code § 107-36A; Ord. No.
1097]
[1972 Code § 107-36B, C, D.; Ord.
No. 1657-95]
a.
Parking spaces shall be on the same lot or parcel of land as the
building to be served.
b.
Dimension of Spaces; Aisle Width. Parking spaces shall have a minimum
width of nine feet and a minimum length of 19 feet. The minimum width
of access aisles shall conform to the following requirements:
|
Aisle Width
| ||
|---|---|---|
|
Parking Angle
|
One-Way
|
Two-Way
|
|
0 Degrees
|
12'
|
24'
|
|
30 Degrees
|
14'
|
24'
|
|
45 Degrees
|
14'
|
24'
|
|
60 Degrees
|
18'
|
24'
|
|
90 Degrees
|
24'
|
24'
|
c.
Residential Zones. In residential zones, all off-street parking spaces
shall be located within the property lines. In nonresidential zones,
off-street parking facilities shall be set back at least four feet
from side and rear yard lines and at least five feet from any right-of-way
line. All setback areas shall be appropriately landscaped to provide
continuous year round screening. If a fence is provided, the fence
shall only supplement required landscaping, not be provided in lieu
of landscaping. The landscape strip along any right-of-way shall be
landscaped with shrubbery not exceeding 30 inches in height, street
trees, and other suitable landscape improvements.
[1972 Code § 107-36; Ord. No. 1657-95]
a.
For nonresidential uses located in a residential zone and for nonresidential
uses abutting residential zone lines, off-street parking and loading
facilities shall be set back at least 15 feet from the residential
property or zone line. The setback area shall be landscaped to create
a year round landscaped visual buffer area. The buffer area may contain
a fence, but only as a complement to provided landscaping.
b.
Off-street loading spaces shall be not less than 10 feet in width,
45 feet in length, exclusive of access and turning lanes, and have
a minimum vertical clearance of 14 feet. Off-street loading areas
shall be set back at least five feet from side and rear property lines
and shall not be permitted in front yard areas. Such facilities are
subject to paragraph a of this subsection.
|
SCHEDULE II
MINIMUM OFF-STREET PARKING SPACES
[1972 Code § 107-36; Ord. No. 1097; Ord. No.
1657-95]
| |
|---|---|
|
Use
|
Required Number of Spaces
|
|
Residential Uses
| |
|
Single and two-family dwellings
|
2 for every dwelling unit
|
|
Townhouses (1)
|
2 for every dwelling unit
|
|
Garden apartments and other multifamily developments (1)
|
1.75 for every zero-bedroom unit; 2 for every other unit
|
|
Senior citizen developments
|
1 for every dwelling unit
|
|
Rooming houses and boarding houses
|
1 for every occupant
|
|
Nonresidential Uses
| |
|
Governmental offices
|
1 for every 400 square feet of gross floor area
|
|
Banks, financial institutions
|
1 for every 300 square feet of gross floor area
|
|
Libraries
|
1 for every 400 square feet of gross floor area
|
|
Offices, retail stores, and businesses providing personal services
|
1 for every 300 square feet of gross floor area for employee
and patron use
|
|
Restaurants, taverns and cafes, other than fast-service or drive-in
establishments
|
1 for every 200 square feet of gross floor area or 1 for every
3 seats, whichever is greater
|
|
Fast-service and drive-in restaurants
|
1 for every 2 seats, 1 for every 2 employees and 1 for every
3 take-out-service patrons estimated for peak-hour periods
|
|
Medical and dental clinics
|
1 for every 200 square feet of gross floor area or 5 for each
doctor or dentist, whichever is greater
|
|
Medical practitioners in other than office buildings or clinics
|
5 for every doctor, plus 1 for each employee
|
|
Marinas
|
2 for every berth, plus 1 for every employee
|
|
Nursing and convalescent homes
|
1 for every 3 beds
|
|
Hotels and motels
|
1 for every sleeping room and 1 for every 2 employees on the
maximum shift
|
|
Theaters
|
1 for every 3 seats
|
|
Churches, auditoriums and other places of assembly
|
1 for every 4 seats
|
|
Bowling establishment
|
4 for every bowling lane; if additional facilities such as bar
or restaurant are provided, additional parking shall be provided for
separate uses in accordance with this subsection
|
|
Elementary schools and day-care centers
|
1 for every 2 teachers or employees, plus 1 for every 6 seats
in the assembly hall
|
|
Secondary schools
|
1 for every 2 teachers and employees, plus 1 for every 10 students
|
|
Social halls, clubs and lodges
|
1 for every 200 square feet of gross floor area
|
|
Manufacturing plants
|
1 for every 2 employees or 1 for every 400 square feet of gross
floor area, whichever is greater
|
|
Funeral homes, mortuaries
|
1 for every 100 square feet of gross floor area in parlors or
service rooms
|
|
Wholesale establishments
|
1 for every 2 employees or 1 for every 400 square feet of gross
floor space, whichever is greater
|
|
Billiard parlor
|
2 for every billiard table plus the sum of other provided uses,
or, 1 for every 2 persons allowed by law to occupy the premises, whichever
is greater
|
|
Handball and racquetball courts
|
2.5 for every court
|
|
Gymnasiums, physical culture and health clubs
|
1 for every 1.5 persons allowed by law to occupy the premises
|
|
Miniature golf course
|
1 for every tee
|
|
Tennis courts
|
2 for every court for outdoor courts; 2.5 for every court for
indoor courts
|
|
Skating rinks
|
1 for each 1,000 square feet of lot area for outdoor rinks.
For indoor rinks, 1 for each 3 persons allowed by law to occupy the
premises
|
|
Swimming pools
|
1 for each 50 square feet of surface water area
|
|
Neighborhood convenience shopping center under 49,000 square
feet
|
1 for each 250 square feet of gross floor area
|
|
Day care centers, child care centers, nursery schools
|
1 for each employee plus 2 for each classroom
|
|
Community residences for the developmentally disabled or for
victims of domestic violence
|
5 plus 1 for each employee
|
|
Warehousing
|
1 for every 1,000 square feet of gross floor area, or 1 for
every employee on the maximum shift, whichever is greater
|
|
Mixed uses
|
The cumulative sum of individual requirements
|
|
Uses not specified
|
To be determined considering parking requirements for similar
uses, maximum employees, visitors anticipated, occupancy codes and
other appropriate factors
|
|
Note:
| |
|---|---|
|
(1)
|
1 additional parking space for every 4 dwelling units must be
provided in all multi-family developments containing 16 or more dwelling
units to provide for overflow guest parking. Such spaces may be provided
in guest lots, as part of the overall parking scheme, or along interior
roads if the pavement widths are shown to be sufficient to accommodate
moving traffic in addition to the parking in accordance with criteria
established by the Borough's subdivision ordinance.
|
|
SCHEDULE III
OFF-STREET LOADING AND UNLOADING REQUIREMENTS
[1972 Code § 107-36; Ord. No. 1097; Ord. No.
1657-94]
| ||
|---|---|---|
|
Uses
|
Square Feet of Total Floor Area
|
Required Off-Street (1) Loading Berths
|
|
Schools
|
15,000 or more
|
1
|
|
Undertakers and funeral parlors
|
5,000 For each additional 5,000 or major fraction thereof
|
1
1 additional
|
|
Offices; hotels;
|
From 10,000-25,000
|
1
|
|
retail, commercial,
|
From 25,000-40,000
|
2
|
|
wholesale
|
From 40,000-60,000
|
3
|
|
manufacturing;
|
From 60,000-100,000
|
4
|
|
storage and miscellaneous uses
|
For each additional 50,000 or major fraction thereof
|
1 additional
|
|
Marinas
|
1
| |
|
Conditional Uses
|
[1972 Code § 107-37; Ord. No. 1097]
a.
A conditional use is one listed as a conditional use in the particular zoning district. All such uses shall meet the site plan review regulations in addition to specific conditions and standards set forth in this Section 35-14.
b.
The standards for review have been established in order to protect
the health, safety and general welfare of the Borough residents. Any
conditional use found to be detrimental to the public health, safety
and general welfare shall be denied.
c.
The Planning Board shall take into consideration the character and
type of development in the area surrounding the location for which
the request is made and determine that the proposed conditional use,
as permitted, will constitute an appropriate use in the area and will
not substantially injure or detract from the use of surrounding property
or from the character of the neighborhood.
d.
The Planning Board may impose conditions in addition to those required
to ensure that the intent of this chapter and the site plan review
regulations are satisfied. These may include, but are not limited
to, harmonious design of buildings, aesthetics, planting and its maintenance
as a sight or sound screen, landscaping, hours of operation, lighting,
numbers of persons involved, noise, sanitation, safety, smoke and
fume control and the minimizing of noxious, offensive or hazardous
elements.
[1972 Code § 107-38; Ord. No. 1657-95; Ord. No. 1783-99 § 9; Ord. No. 1977-06 § 1]
a.
Permitted Uses: planned multifamily housing for senior citizens.
b.
Minimum Lot Area: 22,000 square feet.
c.
Minimum Frontage: 100 feet.
d.
Front Yard Setback: 30 feet.
e.
Rear Yard Setback: 35 feet.
f.
Side Yard Setback: five feet.
g.
Perimeter Landscape Setback: 15 feet landscaped with a variety of
plantings to create a year-round buffer.
h.
Maximum Building Coverage Area: 30%.
i.
Maximum Lot Coverage Area: 45%.
j.
Building Height: two stories not to exceed 28 feet.
k.
Maximum Density: one unit per 4,000 square feet.
l.
Off-Street Parking: to be in accordance with site improvement standards
promulgated by the State of New Jersey.
m.
Senior Citizen means a person 55 years or older. A person under the
age of 55 may reside in a Senior Citizen Housing Complex provided
that his or her spouse is 55 years of age or older.
[1972 Code § 107-39; Ord. No. 1097]
a.
In no district shall a gasoline or other motor fuel service or filling
station, automatic automobile cleaning station, public garage or commercial
garage accommodating more than five motor vehicles be erected, constructed,
established, maintained or operated within 500 feet of any of the
following:
1.
A public school or playground or lands owned by the Board of Education
for school or playground purposes.
2.
A duly organized school giving regular instruction at least five
days a week (holidays excepted) for eight or more months a year.
3.
A hospital.
4.
A church.
5.
An orphan asylum.
6.
A nursing or rest home.
7.
A public library.
8.
A theater or opera house or other building used for theatrical or
operatic purposes or for public entertainment.
9.
A municipal building housing the public offices of the municipality.
10.
Any public playground or athletic field.
b.
No gasoline or other motor fuel filling appliance shall be located
within 10 feet of a street line or within five feet of any adjacent
property line.
c.
No gasoline or other motor fuel service or filling station shall
be erected, constructed, maintained or operated within 1,000 feet
of any other such service or filling station.
d.
No gasoline or other motor fuel service or filling station shall
be erected, constructed, maintained or operated in that part of the
Borough of Manasquan lying east of Watson's Creek.
e.
No existing garage accommodating or designed to accommodate more
than five motor vehicles or a gasoline or other motor fuel service
or filling station shall be deemed to become a nonconforming use through
the subsequent erection of such school or schools, hospital, church,
orphan asylum, nursing or rest home, public library, theater or opera
house or other building used for theatrical or operatic purposes or
for public entertainment, a municipal building or any public playground
or athletic field, as defined above, within the aforesaid prescribed
area.
f.
Plot Plans and Specifications. All applications for building permits and all applications for exceptions or variances shall be accompanied by a plan in duplicate, drawn to scale, showing the actual dimensions of the lot to be built upon, the size of the buildings to be erected or any addition thereto and any existing buildings, the location of any building upon the lot, the dimensions of all open spaces, the established building lines within the block, specifications for or of any buildings to be erected or any addition to any existing buildings or any other work to be done and such other information as may be necessary to provide for the enforcement of this Section 35-14.
g.
No business for the sale of, or otherwise dealing in, secondhand
or used motor vehicles shall be conducted, operated, maintained or
carried on within the Borough of Manasquan, unless such business is
conducted, operated, maintained and carried on by a franchised dealer
actually engaged in the business of the sale of new motor vehicles
and licensed to do so by the State of New Jersey.
[1972 Code § 107-40; Ord. No. 1097]
a.
The facilities involved shall consist of halls, meeting places or
clubhouses belonging to an association of persons formed for mutual
aid and benefit, but not for profit, providing social, recreational
or cultural opportunities for members.
b.
All applications for such a permit shall furnish the following:
1.
A complete list of the organization's current officers, including
their names and addresses, and the total number of members.
2.
The full particulars on the operation of the proposed use.
3.
Sufficient information to enable the Board to determine that the
proposed use is a bona fide nonprofit organization operated solely
for the recreation, enjoyment and use of the members of the organization.
4.
Proof that the proposed use and the proposed location will not adversely
affect the safety and comfortable enjoyment of property rights or
otherwise adversely affect the value of adjacent properties; that
the design of any structures erected in connection with such use are
in keeping with the general character of the surrounding area; and
that sufficient landscaping, including trees, shrubs and lawn, are
provided to serve as a buffer between the use and adjoining residential
properties and to ensure an attractive appearance for the use.
5.
A site plan shall be submitted showing the information required in
this subsection as well as adequate off-street parking for the use
involved and the location of all utility and service areas, which
shall be adequately screened.
6.
No living quarters or sleeping accommodations of any kind shall be
permitted on premises occupied by organizations specified in this
subsection.
[1972 Code § 107-41; Ord. No. 1097]
a.
Conditions and standards applicable to motel use include:
1.
Area of plot: minimum of 22,500 square feet.
2.
Width of plot: minimum of 150 feet.
3.
Front yard: Every lot shall have a setback of not less than 10 feet
from the street line.
4.
Rear yard: minimum of 20 feet.
5.
Side yards: minimum of 10 feet each where the same abut private property,
and a minimum of 15 feet where the same abuts a public street or road.
6.
Height: maximum of 35 feet or 2 1/2 stories, whichever is less.
7.
Lot coverage by buildings: maximum of 50%.
8.
Off-street parking: See Schedule II (subsection 358-13.4).
b.
No buildings shall be erected and no permits shall be issued in connection
with the use set forth in this subsection unless a site plan for the
building lot shall first have been approved by a resolution of the
Planning Board of the Borough of Manasquan. In acting upon any such
site plan, the Planning Board shall base its decision on the following:
1.
The layout of the site plan in respect to the standards and conditions set forth in this Section 35-14.
2.
The arrangement of exterior lighting to adequately illuminate parking
areas, so located and shaded as to prevent glare in adjoining residential
areas.
3.
The grading, surfacing and installation of drainage structure and
landscaping of all improvements to parking areas, surface roadways,
loading and unloading areas, lawns, gardens and courtyards.
c.
Prohibited Activities.
1.
Motels shall not maintain or permit upon their premises any amusement
devices, cabaret, nightclub or public entertainment of any kind. Nothing
herein contained shall be deemed to prevent a motel from maintaining
a coffee shop or dining room, provided that same are a part of or
are attached to the main structure of the motel.
[1972 Code § 107-42; Ord. No. 1097; Ord. No. 2246-2017]
Schools, (as defined in § 35-3.1 Definitions) churches and similar places of worship, parish houses, convents, church schools and libraries that are owned and operated by duly incorporated religious organizations shall be permitted in all zones of the Borough of Manasquan, subject to the following limitations and requirements:
a.
The minimum building lot size shall be one acre for each building
and accessory buildings. One parish house, convent, church school
and church library may be constructed as part of a building used as
a church or similar place of worship or in combination or singly as
accessory buildings.
b.
The minimum front yard depth shall be 25 feet.
c.
The minimum side yard shall be 25 feet on either side.
d.
The minimum rear yard depth shall be 50 feet.
e.
The minimum street frontage shall be 200 feet.
f.
The maximum building height shall be two stories, not to exceed 50
feet to the highest point of any building, exclusive of chimneys,
steeples and similar items.
g.
Parking areas shall be located only in the side yards and rear yard
and not in the buffer strips required by paragraph h below.
h.
Buffer strips 10 feet in width with planting, as indicated by the
location and existing trees and undergrowth, shall be maintained all
along the side lines and rear line. No trees shall be removed in the
buffer strips unless approved by the Planning Board.
i.
There shall be a minimum of one separate entrance and one separate
exit from and to a public street, collector road, and arterial road.
j.
No building permit shall be issued unless a site plan has been approved
in writing by the Planning Board.
k.
The Planning Board, in making its determination, shall be guided
by the following standards in order that such uses may be properly
related to the orderly and harmonious development of the community.
1.
The proper relationship of the particular structures and other features
shown on the site plan to one another and to present and proposed
structures and other features in the area.
2.
The proper relationship of parking areas, driveways and approaches
to roadways and traffic flow on roadways and on private or public
property in the area.
3.
The proper relationship of structures and other features to the contours
of the land.
4.
The proper maintenance of natural features, trees and foliage.
5.
The proper development of buffer strips as required by paragraph
h above.
6.
Such matters as relate to the planning and physical development of
the Borough of Manasquan.
l.
The Planning Board may require reasonable performance and maintenance
guaranties, in a form satisfactory to the Board, for the completion
and maintenance of those items shown on the site plan.
[1972 Code § 107-43; Ord. No. 1097]
a.
Area, yard and building requirements shall be the same as the zone
in which it is situated.
b.
Other conditions:
1.
No conditional use as set forth herein shall be located closer than
500 feet, measured from the nearest point on the property line, to
any public or parochial school or closer than 150 feet from the boundary
line of any residential zone.
2.
Satisfaction of site plan requirements.
3.
Determine that there is appropriate provision for access facilities
adequate for the estimated traffic from public streets and sidewalks
so as to assure the public safety and to avoid traffic congestion.
Vehicular entrances and exits shall be clearly visible from the street.
4.
Determine that there are full adequate parking areas and off-street
truck loading spaces, in conformity with this chapter and all other
pertinent ordinances, for the anticipated number of occupants, employees
and patrons and that the layout of the parking is convenient and conducive
to safe operation.
[Ord. No. 1768-98 § 4]
a.
Bed And Breakfast Guest House shall mean a facility providing sleeping
or dwelling accommodations to transient guests which:
1.
Consists of an existing or newly constructed structure to be utilized
for residential purposes.
2.
Provides individual sleeping accommodations for six to 12 guests.
3.
Contains at least one living unit occupied by the owner of the facility
as a place of residence during the time when the facility is being
used for the lodging of guests.
4.
Has at least 300 square feet of common area for the exclusive use
of guests, including, but not limited to, parlors, dining rooms and
libraries.
5.
Prohibits cooking or smoking in guest rooms.
6.
Provides guests with breakfast before noon each day. Individual kitchen
facilities and service to the general public are prohibited.
7.
Does not operate as a rooming house or boarding house as defined
by N.J.S.A. 55:138-3.
8.
Guest stays may not exceed 30 days during any 60 successive day period.
b.
Every Bed and Breakfast Guest House shall maintain a guest register
listing the name and permanent address of all guests, dates of arrival
and departure, and the license plate identification number of any
motor vehicle utilized by a guest.
c.
Two off-street parking spaces are required for each owner living
unit plus one parking space for each guest room.
1.
Off-street parking spaces shall be located in side and/or rear yard.
2.
All parking areas and driveways shall be set back at least five feet
from side property lines and at least 10 feet from the rear property
line. The yard areas adjacent to parking spaces and driveways shall
be landscaped to provide natural year-round screening from adjacent
properties.
d.
Signs shall conform with the requirements of Section 35-25, Signs, provided however, the maximum height of any free-standing sign shall be three feet from ground level and no sign shall contain a telephone number or the words "full" or "vacancy."
e.
Bed and Breakfast Guest House facilities shall comply with applicable
fire safety requirements of the New Jersey Uniform Construction Code.
f.
Bed and Breakfast Guest House facilities shall be registered with
the Bureau of Housing Inspection in the Department of Community Affairs
of the State of New Jersey.
g.
No Bed and Breakfast Guest House facility shall be permitted without obtaining site plan approval pursuant to Section 35-19, Site Plan Approval Procedure, of this chapter.
h.
The minimum lot size for a Bed and Breakfast Guest House facility
shall be 7,500 square feet and the minimum lot frontage shall be 75
feet.
i.
Bed and Breakfast Guest House facilities shall comply with Schedule
I (Zoning Schedule of Bulk and Coverage Controls) applicable to the
zone in which the facility is located.
[1]
Editor’s Note: Former Section 35-16, Regulations for
Planned Unit Development, previously codified herein and containing
portions of 1972 Code §§ 107-45 — 107-49 and Ordinance
Nos. 1097 and 1109 was repealed in its entirety.
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Site Plan Review: Title; Application; Exemption
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[1972 Code § 107-50; Ord. No. 1097]
[1972 Code § 107-51; Ord. No. 1097]
Sections 35-18 through 35-23 establishes a site plan review process by the Planning Board for proposed construction in the Borough. The purpose of the review is to ensure new development will enhance the general appearance of Manasquan, promote the harmonious use of land and provide for a pleasing and efficient design of structures.
[1972 Code § 107-52; Ord. No. 1097]
No development shall take place within the Borough, nor shall any land be cleared or altered, nor shall any watercourse be diverted or its channel or floodplain dredged or filled, nor shall any parking areas, accessory or otherwise, be constructed, installed or enlarged, nor shall any building permit, zoning permit, certificate of occupancy or other required permit be issued with respect to any such structure, land or parking area, except in accordance with an approval of such development granted pursuant to Sections 35-18 through 35-23, unless exempted in accordance with subsection 35-18.4.
[1972 Code § 107-53; Ord. No. 1097; Ord. No. 1657-95]
a.
Single-family and two-family residential structures and structures and uses incidental thereto, permitted as a right under applicable zoning regulations, are exempt from the requirements of this Sections 35-18 through 35-23; however, a site plan will be required if, at the discretion of the Building Officer, there exist soil and drainage conditions or traffic factors which may result in environmental problems.
[1972 Code § 107-54; Ord. No. 1097]
The rules, regulations and standards set forth in Sections 35-18 through 35-23 shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Borough. Any action taken by the Planning Board under the terms of Sections 35-18 through 35-23 shall give primary consideration to such matters and to the welfare of the entire community. However, if the applicant can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of Sections 35-18 through 35-23 is impracticable or will exact undue hardship, the Planning Board may permit such variances as may be reasonable, within the general purpose and intent of the rules, regulations and standards established by Sections 35-18 through 35-23.
[1972 Code § 107-55; Ord. No. 1097]
[1972 Code § 107-56; Ord. No. 1097]
a.
If the Master Plan or the Official Map provides for the reservation
of designated streets, public drainageways, flood control basins,
parks or other public areas within the proposed development, before
approving a site plan, the Planning Board may further require that
such streets, drainageways, basins or areas be shown on the plan in
locations and sizes suitable to their intended uses. The Planning
Board may reserve the location and extent of such streets, drainageways,
basins or areas shown on the plan for a period of one year after the
approval of the final plan or within such further time as may be agreed
to by the developer. Unless during such period or extension thereof
the Borough shall have entered into a contract to purchase or instituted
condemnation proceedings according to law for the fee or a lesser
interest in the land comprising such streets, drainageways, basins
or areas, the developer shall not be bound by such reservations shown
on the plan and may proceed to use such land for private use in accordance
with applicable development regulations. The provisions of this section
shall not apply to the streets and roads, flood control basins or
public drainageways necessitated by the land development and required
for final approval.[1]
b.
The developer shall be entitled to just compensation for actual loss
found to be caused by such temporary reservation and deprivation of
use. In such instance, unless a lesser amount has previously been
mutually agreed upon, just compensation shall be deemed to be the
fair market value of an option to purchase the land reserved for the
period of reservation, provided that determination of such fair market
value shall include but not be limited to consideration of the real
property taxes apportioned to the land reserved and prorated for the
period of reservation. The developer shall be compensated for the
reasonable increased cost of legal, engineering or other professional
services incurred in connection with obtaining site plan approval
caused by the reservation.
Site Plan Approval Procedure
[1972 Code § 107-57; Ord. No. 1097]
The Secretary of the Planning Board shall, after an applicant
for preliminary or final approval has submitted an application in
proper form with the requisite fees, notify the applicant of the hearing
date so that he can comply with the notice requirements and refer
the site plan and exhibits to the Borough Planning Board and the County
Planning Board. The Planning Board may also designate other local,
County, State or other governmental officials or agencies to receive
copies of any application for review and recommendations.
[1972 Code § 107-58; Ord. No. 1097]
Applicants for preliminary approval shall be encouraged to submit
for review by the Planning Board sketch site plans for informal discussions
and recommendations. Said sketch site plans shall be used as a basis
for changes and redesign and to avoid undue expense and delay in preparing
more detailed plans and specifications. The Planning Board shall not
be governed by any statutory time limits in its review of sketch site
plans, and it is expressly understood that compliance with the Planning
Board recommendations shall not bind the Planning Board in subsequent
deliberations.
[1972 Code § 107-59; Ord. No. 1097; Ord. No. 1584-92]
a.
The Planning Board shall act upon, at a hearing within the time periods
provided in this chapter, every application for preliminary approval
of a site plan.
[1972 Code § 107-60; Ord. No. 1097]
Each decision of a municipal agency on any application for development
shall be in writing and shall include findings of fact and conclusions
based thereon.
[1972 Code § 107-61; Ord. No. 1097]
Preliminary approval of a site plan shall, except as provided in subsection 35-19.6, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
a.
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including but not limited to use
requirements; layout and design standards for streets, curbs and sidewalks;
lot size; yard dimensions and on-site and off-tract improvements;
and any requirements peculiar to the specific site plan. The Borough
may modify by ordinance such general terms and conditions of a preliminary
approval as they may relate to public health and safety, provided
that such modifications are in accord with amendments adopted by ordinance
subsequent to approval.
b.
That the applicant may submit for final approval on or before the
expiration date of preliminary approval the whole or a section or
sections of the preliminary site plan.
[1972 Code § 107-62]
a.
The applicant may apply for and the Planning Board may grant extensions
of such preliminary approval for additional periods of at least one
year but not to exceed a total extension of two years, provided that
if the design standards have been revised by ordinance, such revised
standards shall govern.
b.
In the case of a site plan for a planned unit development, the Planning
Board may grant the rights referred to above for such period of time
longer than three years as shall be determined by the Planning Board
to be reasonable, taking into consideration the number of dwelling
units and nonresidential floor area permissible under preliminary
approval, economic conditions and the comprehensiveness of the development.
The applicant may apply for thereafter, and the Planning Board may
thereafter grant, an extension of preliminary approval for such additional
period of time as shall be determined by the Planning Board to be
reasonable, taking into consideration the number of dwelling units
and nonresidential floor area permissible under preliminary approval,
the potential number of sections awaiting final approval, economic
conditions and the comprehensiveness of the development, provided
that if the design standards have been revised, such revised standards
shall govern.
[1972 Code § 107-63; Ord. No. 1097]
The Planning Board may, when exercising its powers pursuant
to this section, grant variances as provided in N.J.S.A. 40:55D-60
et seq.
[1972 Code § 107-64; Ord. No. 1097]
The Planning Board shall, within the applicable time period set forth in this Section 35-19, after a public hearing, approve the application for final site plan approval with or without conditions, provided that the following requirements are met:
a.
The detailed drawings and specifications meet all applicable codes
and ordinances.
b.
The final plans are substantially the same as the approved preliminary
site plans.
c.
All improvements have been installed or bonds posted to ensure the
installation of improvements.
d.
The applicant agrees in writing to all conditions of final approval.
e.
Proof has been submitted that all taxes and assessments for local
improvements on the property have been paid.
[1972 Code § 107-65; Ord. No. 1097]
[1972 Code § 107-66; Ord. No. 1097]
The decision of the Planning Board shall be in writing and shall
include findings of fact and conclusions based thereon.
[1972 Code § 207-67; Ord. No. 1097]
Final approval shall terminate the time period of preliminary
approval for the section granted final approval and shall guarantee
the applicant that the zoning requirements applicable to the preliminary
approval and all other rights conferred upon the applicant as part
of preliminary approval shall not be changed for a period of two years
after the date of final approval.
[1972 Code § 107-68; Ord. No. 1097]
Final approval shall expire two years from the date of final approval unless the applicant has secured a building permit to commence construction. The Planning Board may extend final approval and the protection offered under subsection 35-19.5 for one year. No more than three such extensions may be granted. Applicants shall be required, as a condition of any extension, to reestimate improvement costs and to resubmit revised bonds in accordance therewith.
[1972 Code § 107-69; Ord. No. 1097]
The Planning Board may, as a condition of final approval:
a.
Grant final approval only for designated geographic sections of the
development.
b.
Grant final approval for certain work but require resubmission for
final approval for designated elements such as, but not limited to,
landscaping, signs, street furniture, etc., and require approval of
these elements as a prerequisite for a certificate of occupancy or
zoning permit.
c.
Condition the granting of a temporary certificate of occupancy or
zoning permit on the applicant's or developer's or subsequent heirs'
or assignees' meeting certain requirements within a designated period
of time, not to exceed six months, from the date of issuance of the
certificate of occupancy or zoning permit. This may include but is
not limited to the installation of improvements, reevaluation of circulation
patterns, etc.
d.
Require the furnishing of a performance guaranty in favor of the
Borough in an amount not to exceed 120% of the cost of installation
for improvements it may deem necessary or appropriate, including streets,
grading, pavement, gutters, curbs, sidewalks, streetlighting, shade
trees, surveyor's monuments, as shown on the final map and required
by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.),
water mains, culverts, storm sewers, sanitary sewers or other means
of sewage disposal, drainage structures, erosion control and sedimentation
control devices, public improvements of open space and, in the case
of site plans only, other on-site improvements and landscaping.
e.
Require provision for a maintenance guaranty to be posted with the
Governing Body for a period not to exceed two years after final acceptance
of the improvement, in an amount not to exceed 15% of the cost of
the improvement. In the event that other governmental agencies or
public utilities automatically will own the utilities to be installed
or the improvements are covered by a performance or maintenance guaranty
to another governmental agency, no performance or maintenance guaranty,
as the case may be, shall be required by the municipality for such
utilities or improvements.
Site Plan Details
[1972 Code § 107-70; Ord. No. 1097]
The site plan shall be prepared by a professional engineer,
land surveyor, architect, landscape architect or professional planner
at an appropriate scale recommended by the Borough Engineer. The site
plan shall be based on the latest Tax Map information and shall be
of a standard size as required by the Map Filing Act.
a.
Site Plan Contents. The site plan shall contain the following information:
1.
Key map drawn at a scale of not more than one inch equals on 100
feet, showing the location of the property, all streets and property
lines within 500 feet of the affected property and all buildings or
structures which are within 300 feet of the building or structure
proposed by the applicant.
2.
The name and address of the owner and site plan applicant, together
with the names of the owners of all contiguous land and of property
directly across the street and within 200 feet of the property, as
shown by the most recent tax records of the Borough.
3.
North point, scale and date on which plan was prepared and date of
every revision.
4.
Tax Map lot and block number of the property affected.
5.
Zoning district in which the property is located.
6.
Complete metes and bounds survey of the property, signed, sealed
and certified by a licensed land surveyor.
7.
Location of all existing buildings, culverts, storm sewers, sanitary
sewers, water, fire protection, electric and telephone lines, both
above and below ground, and poles, gas and underground heating systems,
pipe lines, artesian wells and other man-made features.
8.
Location of all existing streets and highways on or adjacent to the
property affected, including names, right-of-way width, pavement width,
curb or curb width.
9.
Location of all existing easements and rights-of-way and the purpose
for which they have been established.
10.
Location of existing high points, watercourses, depressions, ponds,
marshes, wooded areas, underground streams, single trees not in wooded
areas with a diameter of six inches or more as measured three feet
above the base of the trunk and other significant existing features,
including previous flood elevations of watercourses, marsh and wetlands
areas as determined by survey and by the State of New Jersey.
11.
A topographical map showing existing elevations or contours at vertical
intervals of two feet for slopes of less than 10% and such lesser
intervals as may be necessary for the satisfactory study and planning
of relatively level tracts.
12.
Datum to which contour elevations refer, preferably United States
Coast and Geodetic Survey.
13.
The topography of the site after development.
14.
All proposed streets with profiles indicating grading, and cross
sections showing width of roadway, location and width of sidewalk
and specifications of the Borough of Manasquan.
15.
Location of proposed buildings and structures and all accessory structures,
if any, including setback, sidelines and rear yard distances, with
dimensions showing present and future grade elevations at all comers
and entrances of the structures, and floor plans thereof.
16.
Design view of the proposed structure's or structures' front, side
and rear view elevations. Design view elevations are to be shown where
proposed additions or alterations affect such elevations.
17.
Proposed design and location of signs and outdoor lighting.
18.
The location, type and size of proposed culverts, storm sewers, sanitary
sewers, fire protection, electric and telephone lines and poles, gas
and underground heating systems, pipe lines and all other utilities
both above and below ground, including the connection of such proposed
facilities with the existing facilities according to the standard
specifications of the Borough of Manasquan.
19.
All means of vehicular access for ingress and egress to and from
the site onto public streets, showing the size and location of driveways
and curb cuts, including the possible organization of traffic channels,
acceleration and deceleration lanes, additional width and any other
advice necessary to prevent a difficult traffic situation. Also all
pedestrian walkways and bike paths.
20.
The location and design of any off-street parking areas or loading
areas, showing size and location of bays, aisles and barriers.
21.
Proposed screening and landscaping, including a plant plan, in conformance
with Shade Tree Commission policies of the Borough of Manasquan, and
proposed shade trees. If provided, all recreation areas shall be indicated.
22.
Landscaping and buffering plan showing what will remain and what
will be planted, indicating botanical and common names of plants and
trees, dimensions, approximate time of planting and maintenance plans.
23.
Such additional information as may be required by the Borough Engineer.
24.
The following legends shall be on the site plan map:
(a)
Site plan of
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Lot__________ Block__________ Zone__________
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Date__________ Scale__________
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Applicant_________________________________
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(b)
I consent to the filing of this site plan with the Planning
Board of
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____________________
(Owner)
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____________________
(Date)
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(c)
I hereby certify that I have prepared this site plan and that
all dimensions and information are correct.
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____________________
(Name)
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____________________
(Title and License No.)
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(d)
I have reviewed this site plan and certify that it meets all
codes and ordinances under my jurisdiction.
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____________________
(Date)
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____________________
(Borough Engineer)
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(e)
To be signed before issuance of a building permit: I hereby
certify that all the required improvements have been installed or
a bond posted in compliance with all applicable codes and ordinances.
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(If improvements installed)
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____________________
(Borough Engineer)
(If bond posted)
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____________________
(Date)
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____________________
(Borough Clerk)
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____________________
(Date)
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Building permit issued
(Date)
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(f)
Approved by the Planning Board
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(Preliminary ____________________)
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(Final ____________________)
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____________________
(Chairman)
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____________________
(Date
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25.
A statement as to the type of proposed business or activity intended
in the building and the hours of operation.
26.
The applicant shall submit to the Planning Board a proposed sequence
of development with projected time schedule for completion of each
of the several elements. Such projection shall include, where applicable,
the removal of structures, trees and brush, temporary drainage considerations,
utilities, road and sidewalk improvements and provisions for the protection
of topsoil.
27.
If applicable, review and approval by the Subdivision and Site Plan
Committee of the Monmouth County Planning Board in accordance with
the Site Plan Review Resolution of the County of Monmouth, New Jersey.
[1972 Code § 107-71; Ord. No. 1097]
The Planning Board may require other information and data for
specific site plans. This data may include but is not limited to geologic
information, water yields, flood data, environmental information,
traffic counts, road capacities, market information, some economic
data and similar exhibits.
[1972 Code § 107-72; Ord. No. 1097]
Information and documents for other Borough codes and ordinances,
such as environmental impact statements, soil erosion and sedimentation
plans and stormwater management plans, shall be submitted as part
of site plan approval and may be used to comply with site plan submission
requirements where applicable.
[1972 Code § 107-73; Ord. No. 1097]
[1972 Code § 107-74.1; Ord. No.
1657-95]
Provisions for the collection, disposition and recycling of
recyclable materials must be made in any development for the construction
of 50 or more units of single-family residential housing and 25 or
more units of multifamily housing.
Each single-family unit or units within a two-family dwelling
shall provide at least 20 square feet of floor area for a two week
accumulation of materials. Such an area may be within the laundry,
basement or garage. Each multifamily unit or accessory dwelling unit
shall provide at least 10 square feet of area conveniently arranged
and located to hold a one week accumulation of recyclable materials.
Each multifamily complex shall also provide bins in a convenient location
or locations in a common area as drop-offs for storing recyclables
in addition to other solid waste until collection occurs. The holding
area shall provide for truck access and loading and shall be suitably
screened from view and set back from property lines.
Each application for a nonresidential use which utilizes 1,000
square feet or more of land must include provisions for the collection,
disposition and recycling of recyclable materials. The application
shall provide a storage area sized to contain a two week accumulation
of recyclable material. The storage area shall be designed for truck
access for pick-up of materials and be suitably screened from view
if located outside of the building.
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Principles and Standards for Site Plan Review
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[1972 Code § 107-73; Ord. No. 1097]
a.
The following criteria have been set forth as a guide for evaluating
the adequacy of proposed development in the Borough. The Planning
Board shall review the site plan for compliance with all applicable
ordinances and the comprehensive plan for harmony with surrounding
uses and the overall plan for development of the municipality; for
the promotion of the health, safety, order, efficiency and economy
of the municipality; and for the maintenance of property values and
the general welfare. Based upon its review and the degree which it
can make positive findings, the Board may approve, conditionally approve,
request modifications or deny approval of the site plan based on the
following:
1.
The site plan's compliance with all provisions of this chapter, including
but not limited to off-street parking and loading, signs, lighting,
open space and the generation of objectionable smoke, fumes, noise,
odors, dust, glare, vibration or heat.
3.
The environmental impact of the development relating to the preservation
of existing natural resources on the site and the impact on the natural
resources of the surrounding properties and neighborhood.
4.
The relationship of the development to adjacent uses in terms of
harmonious use and design, setbacks, maintenance of property values
and negative impacts.
5.
The provision of a safe and efficient vehicular and pedestrian circulation
system.
6.
The sufficient width and suitable grade and location of streets designed
to accommodate prospective traffic and to provide access for fire-fighting
and emergency equipment to buildings.
7.
The coordination of streets so as to compose a convenient system
consistent with the Official Map, if any, and the circulation element
of the Master Plan.
8.
The design and location of off-street parking and loading facilities.
9.
The design and location of buildings in an efficient and aesthetically
pleasing manner.
10.
The adequacy of the screening and landscaping plan.
11.
The location of exterior lighting in terms of safety needs, intensity
and glare.
12.
The adequacy of facilities serving the development.
13.
The location, size and configuration of open space areas.
14.
Protection and conservation of soils from erosion by wind or water
or from excavation or grading.
b.
The Planning Board may waive those requirements or details specified
to be shown on the site plan in any given application if it is determined
that said requirements or specifications are not necessary to be shown
in order to ensure that the said site plan conforms to the standards
of good planning, will have no deleterious effect on the neighboring
properties and indicates sufficient information to assure adequate
protection to health, welfare and safety of the people of the Borough
of Manasquan.
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Off-Tract Improvements
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[1972 Code § 107-75; Ord. No. 1097]
Developers shall be required, as a condition for approval of
a site plan, to pay their pro rata share of the cost of providing
reasonable and necessary street improvements and water, sewerage and
drainage facilities and easements therefor located outside the property
limits of the tract but necessitated or required by construction or
improvements within the tract. The following criteria shall be utilized
in determining a developer's proportionate or pro rata share of necessary
off-tract improvements.
[1972 Code § 107-76; Ord. No. 1097]
In cases where the reasonable and necessary need for an off-tract
improvement or improvements is necessitated or required by the proposed
development application and where no other property owners receive
a special benefit thereby, the applicant may be required, as a condition
of approval, at the applicant's sole expense, to provide for and construct
such improvements as if such were an on-tract improvement in the manner
provided hereafter and otherwise provided by law.
[1972 Code § 107-75; Ord. No. 1097]
In cases where the need for any off-tract improvement is necessitated
by the proposed development application and where it is determined
that properties outside the development will also be benefited by
the improvement, the following criteria shall be utilized in determining
the developer's proportionate share of such improvements:
a.
Sanitary Sewers. For distribution facilities, including the installation,
relocation or replacement of collector, trunk and interceptor sewers
and the installation, relocation or replacement of other appurtenances
associated therewith, the applicant's proportionate share shall be
computed as follows:
1.
The capacity and the design of the sanitary sewer system shall be
based on Rules and Regulations for the Preparation and Submission
of Plans for Sewerage Systems, New Jersey Department of Environmental
Protection, and all Manasquan Borough sewer design standards, including
infiltration standards, and all other Manasquan Borough water drain
standards.
2.
Developer's pro rata share.
(a)
The capacity of the existing system to service the entire improved
drainage area shall be computed. If the system is able to carry the
total developed drainage basin, no improvement or enlargement costs
will be assigned to the developer. If the existing system does not
have adequate capacity for the total developed drainage basin, the
prorated enlargement or improvement share shall be computed as follows:
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Total enlargement or improvement cost
Developer's cost
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=
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Total tributary gallons per day
Development gallons
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(b)
If it is necessary to construct a new system in order to develop
the subdivision, the enlargement share to the developer shall be computed
as follows:
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Total project cost
Developer's cost
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=
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Total tributary gallons per day to new system
Development tributary gallons per day
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(c)
The plans for the improved system or extended system shall be
prepared by the developer's engineer. All work shall be calculated
by the developer and approved by the Borough Engineer.
b.
Roadways. For street widening, alignment channelization of intersections,
construction of barriers, new or improved traffic signalization, signs,
curbs, sidewalks, trees, utility improvement uncovered elsewhere,
the construction or reconstruction of new or existing streets and
other associated streets or traffic improvements, the applicant's
proportionate cost shall be determined as follows:
1.
The Borough Engineer shall provide the applicant's engineer with
the existing and anticipated peak-hour flows for the off-tract improvement.
2.
The applicant shall furnish a plan for the proposed off-tract improvement,
which shall include the estimated peak-hour traffic generated by the
proposed development. The ratio of the peak-hour traffic generated
by the proposed development to the future peak-hour traffic shall
form the basis of the proportionate share. The prorated share shall
be computed as follows:
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Total cost of the roadway improvement and/or extension
Developer's cost
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=
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Future peak-hour traffic
Future peak-hour traffic generated by the development
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c.
Drainage Improvements. For stormwater and drainage improvements,
including the installation, relocation or replacement of storm drains,
culverts, catch basins, manholes, riprap or improved drainage ditches
and appurtenances thereto and the relocation or replacement of other
storm drainage facilities or appurtenances associated therewith, the
applicant's proportionate share shall be determined as follows:
1.
The capacity and the design of the drainage system to accommodate
stormwater runoff shall be based on a method described in Urban Hydrology
for Small Watershed Technical Release 55, Soil Conservation Service,
United States Department of Agriculture, January 1975, as amended,
and shall be computed by the developer's engineer and approved by
the Borough Engineer.
2.
The capacity of the enlarged, extended or improved system required
for the subdivision and areas outside of the developer's tributary
to the drainage system shall be determined by the developer's engineer,
subject to approval of the Borough Engineer. The plans for the improved
system shall be prepared by the developer's engineer and the estimated
cost of the enlarged system calculated by the Borough Engineer.
(a)
The prorated share for the proposed improvement shall be computed
as follows:
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Total enlargement or improvement cost of drainage
facilities
Developer's cost
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=
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Total tributary cubic feet per second
Development cubic feet per second
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(b)
Escrow accounts. Where the proposed off-tract improvement is
to be undertaken at some future date, the moneys required for the
improvement shall be deposited to the credit of the Borough in a separate
account until such time as the improvement is constructed. If the
off-tract improvement is not begun with 10 years of deposit, all moneys
and interest shall be returned to the applicant.
(c)
Computation of pro rata share. In any case in which an applicant
shall not provide the approving authority with the estimates of a
traffic consultant engineer with regard to estimated improvement costs
and all other information necessary to proportion costs, the approving
authority may rely on the estimates of the Borough Engineer in order
to prorate costs.
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Site Plan Fees
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[1972 Code § 107-78; Ord. No. 1097; Ord. No. 1280]
Fees, charges and regulations for the review of site plan applications are established under Chapter 31, Planning Board, of the Code of the Borough of Manasquan.
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Signs
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[1972 Code § 107-79; Ord. No. 1097; Ord. No. 1273]
Except as hereinafter provided, no publicly displayed sign,
symbol or notice, with the exception of street traffic and directional
signs of the Borough and the State of New Jersey, shall be erected
within the Borough of Manasquan.
[1972 Code § 107-80; Ord. No. 1097; Ord. No. 1273; Ord. No. 1981-006 § 1; amended 10-3-2022 by Ord. No. 2380-22]
a.
The following signs shall be permitted in the R-1, R-2, R-3, R-4
and R-5 zones:
1.
For each dwelling unit, one unlighted nameplate not exceeding one
square foot in area and bearing the name of the occupant.
2.
For any structure other than a dwelling unit, one identification
sign not exceeding eight square feet, except a church bulletin board,
which shall not exceed 18 square feet. Signs erected for use under
this section may be illuminated with a constant source of light, provided
that the light is shielded to prevent glare and annoyance to adjacent
residential uses.
3.
A sign advertising the premises upon which it is located "for sale"
or "for rent," not exceeding four square feet in area. Not more than
one sign shall be permitted.
4.
Signs designating entrances or exits to or from a parking area are
permitted and shall not exceed two square feet each.
5.
Development signs designed for advertising the sale or development
of the premises upon which they are erected, when erected in connection
with the development of the premises by a builder, contractor, developer
or other persons interested in such sale or development, may be erected
and maintained, provided that:
(a)
The size of any sign is not in excess of six square feet; and
(b)
Not more than one sign is placed upon any property; and
(c)
Any such sign shall be removed by the developer within three
weeks of the final sale of the property; and
(d)
Any freestanding sign shall not exceed four feet in height and
shall not be closer than three feet from any property line and shall
not be located in any manner which will impede full vehicular visibility
at street intersections, driveways or exits. A sign permit is not
required for such temporary contractor signs.
6.
Directional signs indicating the location and direction of premises
in the Borough available for or in process of development in the Borough,
but not erected upon such premises, and having inscribed thereon the
name of the owner, developer, builder or agent may be erected, by
permit, and maintained, provided that:
7.
Private driveway signs indicating the private nature of a driveway
or trespassing signs, provided that the size of any such sign shall
not exceed two square feet.
b.
The following signs shall be permitted in B-1, B-2, C and I zones:
1.
Any sign displayed flat against the wall of a building and which
does not project above the roof line. Only one sign per face of a
building for each business occupying that building shall be permitted
and the total sign area on any building face shall not exceed two
square feet for each foot of building frontage.
2.
Free-standing signs supported by one or more columns or uprights
which are firmly embedded in the ground, subject to the following
restrictions:
(a)
Exposed guide wires, chains or other connections shall not be
made a permanent support of a free-standing sign.
(b)
The total aggregate surface area of the sign shall not exceed
nine square feet. The maximum height of the sign shall not exceed
10 feet nor shall the sign be closer than six inches to the ground.
(c)
The sign shall be in conformity with the character of the zone
and other signs in the zone so that it blends in with the overall
architectural scheme.
(d)
The sign shall be set back at least 10 feet from the curbline.
3.
A sign advertising the premises upon which it is located "for sale"
or "for rent," not exceeding four square feet in area. Not more than
one sign shall be permitted.
4.
Development signs designed for advertising the sale or development
of the premises upon which they are erected, when erected in connection
with the development of the premises by a builder, contractor, developer
or other persons interested in such sale or development, may be erected
and maintained, provided that:
(a)
The size of any sign is not in excess of six square feet; and
(b)
Not more than one sign is placed upon any property; and
(c)
Any such sign shall be removed by the developer within three
weeks of the final sale of the property; and
(d)
Any freestanding sign shall not exceed four feet in height and
shall not be closer than three feet from any property line and shall
not be located in any manner which will impede full vehicular visibility
at street intersections, driveways or exits. A sign permit is not
required for such temporary contract signs.
5.
The total aggregate surface area of all signs on a lot in the B-1,
B-2, B-3, C and I zones shall not exceed 100 square feet.
[1972 code § 107-81; Ord. No. 1097; Ord. No. 1273; Ord. No. 1657-95; Ord.
No. 1981-06 §§ 2, 3; Ord. No. 2057-09 § 9; Ord. No. 2100-11; amended 10-3-2022 by Ord. No. 2380-22]
a.
No sign shall be placed in or extend over the line of any public
street, right-of-way, curb or sidewalk area.
b.
Billboards are prohibited throughout the Borough of Manasquan.
c.
A permit shall not be required for the erection, alteration or maintenance
of any signs permitted in a residential district.
d.
Signs must be constructed of durable materials, maintained in good
condition and not allowed to become dilapidated.
e.
All signs, together with all supports, braces, anchors, etc., shall
be kept in continual repair, including the replacement of defective
parts, repainting, cleaning and otherwise in a presentable condition.
f.
No sign shall be served by overhead utility service.
g.
No sign shall be maintained at any location where, by reason of color,
illumination, position, size or shape, may obstruct, impair, obscure
or be confused with any traffic control sign, signal or device, or
where it may interfere with, mislead or confuse vehicular traffic.
h.
Signs shall not obstruct any window, door or other opening used as
a means of regular ingress and egress or for required legal light
and ventilation or fire escapes and other openings for emergency access
and escape.
i.
Signs attached to or placed on a vehicle, including trailers, that
are parked on public or private property shall be prohibited. This
provision is not to be construed as prohibiting the identification
of a firm or its principal products on a vehicle during normal hours
of business; provided, however, that no such vehicle shall be parked
on public or private property with signs attached or placed on the
vehicle for the purpose of advertising a business or firm or calling
attention to the location of a business or firm.
j.
No sign may be placed on or attached to a building or erected independently
for any purpose other than to advertise a permitted business or use
conducted on the same premises.
k.
No sign shall be attached to trees, fence posts, stumps, utility
poles or other signs. No flags, pennants or similar objects may be
attached or displayed on signs.
l.
No sign shall project beyond the building in a manner placing it
above an area traversed by motor vehicles, such as but not limited
to, driveway and parking areas.
m.
Illuminated signs shall be arranged as to reflect the light and glare
away from adjoining premises and away from adjoining highways.
n.
No sign with red, green or blue illumination in a beam, beacon or
flashing form resembling an emergency light shall be permitted.
o.
The area of a sign shall be measured around the outside edges of
a framed or enclosed sign or by the area utilized by isolated words
and/or symbols, including the background, whether open or enclosed,
but the sign area shall not include any supporting framework and bracing
incidental to the display thereof.
p.
Any sign having two exposures shall be measured for area using the
surface of one side of the sign only. Both sides of the sign may be
used for display purposes.
q.
All fascia or attached signs shall be firmly attached to the exterior
wall of the building and shall not project more than 15 inches from
the building.
r.
Interior signs shall be permitted and no permit shall be required
for erection and/or maintenance of such signs; provided however, that
an interior sign shall not exceed 10% of the total sign area and not
more than five interior signs shall be located in any structure.
s.
Street number designations, postal boxes, on-site directional and
parking signs and warning signs are permitted and shall not be considered
in calculating maximum permitted sign area. No such sign shall exceed
two square feet in area, nor shall a permit be required for such signs.
t.
Temporary signs relating to special civic or public events may be
maintained for a period not to exceed 10 days prior to the date of
the event and must be removed within five days after the event has
taken place. A permit shall not be required for the erection or maintenance
of any temporary sign.
u.
One temporary contractor advertising sign may be erected on any lot
with a structure undergoing construction, repair or improvement. No
sign shall be erected more than two days before work begins, and no
sign shall remain erected for more than three days after completion
of work or for a period of three weeks, whichever is less. Such signs
may be erected as either a facade sign or a freestanding sign and
shall not exceed six square feet in area. Any freestanding sign shall
not exceed four feet in height and shall be not closer than three
feet from any property line and shall not be located in any manner
which will impede full vehicular visibility at street intersections,
driveways or exits. A sign permit is not required for such temporary
contractor signs.
v.
Temporary flags, banners or streamers, erected in conformance with
the provisions of this chapter, may be maintained for a period not
to exceed 14 days, four times within any calendar year. A zoning application
must be approved by the Zoning Officer prior to the installation of
any flag, banner or streamer.
w.
Banners advertising special sales or products on private property,
erected in conformance with the provisions of this chapter, may be
maintained for a period not to exceed 14 days, four times within any
calendar year. A zoning application must be approved by the Zoning
Officer prior to the installation of any such banner.
x.
The display or maintenance of blow-up figurines used for commercial
or advertising purposes is prohibited.
y.
Neon signs are prohibited.
z.
A-frame signs are prohibited, except for the display and maintenance
of one A-frame sign not to exceed four square feet utilized for directional
purposes, provided that such directional sign may not be placed within
a public right-of-way.
aa.
Painting or marking of buildings and structures for advertising or
promotional events is prohibited.
bb.
Any sign which is designed so that characters, letters or illustrations
can be changed or rearranged without altering the face or the surface
of the sign shall be prohibited in all zones. This shall include all
signage inclusive of billboards. Governmental signs erected or authorized
by a government unit shall be exempt from this amendment.
cc.
Signs using mechanical devices, electrical devices or both to revolve,
flash or display movement or the illusion of movement are prohibited
in all zones. Governmental signs erected or authorized by a government
unit shall be exempt from this amendment.
[1972 Code § 107-82; Ord. No. 1097; Ord. No. 1115 ; Ord. No. 1784-99 § 2]
a.
The lawful use of land or buildings existing at the time of the adoption
of this chapter may continue although such use does not conform to
the regulations specified by this chapter for the district in which
such land or building is located, subject to the following conditions
and specifications:
1.
Any nonconforming use of land or building which has ceased by discontinuance
or abandonment for a period of one year shall thereafter conform to
the provisions of this chapter.
2.
Any nonconforming building which has been destroyed or damaged by
fire, explosion, act of God or by a public enemy to the extent of
70% or more of its assessed valuation shall thereafter conform to
the provisions of this chapter. Where more than 30% of the assessed
value of the building remains after such damage, such structure may
be restored to the same nonconforming use as existed before such damage.
3.
No nonconforming use of a building may be moved to any other part
or parcel of land upon which same was conducted at the time of the
adoption of this chapter.
4.
No nonconforming building shall be enlarged or structurally altered
except to make it a conforming building or except enlargement or structural
alteration in compliance with Ordinance No. 1685-96.
b.
The use of a nonconforming building may be changed only to a use
of like or similar character, or to a use conforming to the district
in which the property is located.
[Ord. No. 2122-12]
Structural alterations to the interior of nonconforming use
shall be permitted provided that the structural alterations do not
expand or extend the footprint or height of the structure.
[1972 Code § 107-83; Ord. No. 1097]
The foregoing provisions shall also apply to nonconforming uses
in districts hereafter changed by amendment to this chapter.
|
Administration and Enforcement
|
[1972 Code § 107-84; Ord. No. 1097]
It shall be the duty of the Construction Official, Code Enforcement
Officer, the Chief of Police and any Police Officer of the Borough
of Manasquan to enforce the provisions of this chapter against any
persons found to be violating the same.
[1972 Code 107-85; Ord. No. 1097]
The Construction Official and Code Enforcement Officer shall
be empowered to cause any building, structure or land to be inspected
and examined and to order in writing the remedying of any violation
of any provision of this chapter.
[1972 Code § 107-86; Ord. No. 1097]
In no case shall a construction permit be granted for the construction
or alteration 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 Construction Official 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, and he shall have the right to enter any
building or premises during the daytime in the course of his duties.
|
Enforcement; Applications for Development
|
[1972 Code § 107-86.1; Ord. No.
1240]
For the purposes of this Section 35-28, "Application for Development" shall have the same meaning as that set forth in N.J.S.A. 40:55D-3.
[1972 Code § 107-86.2; Ord. No.
1240]
In the event that the Construction Official or the Zoning Officer
of the Borough shall determine that any condition contained in any
resolution or court order approving an application for development
is being violated, he shall notify the owner in writing of his findings
and order that any such violation be corrected within 30 days of the
notice. Any condition contained in a resolution approving an application
for development shall be deemed to be a continuing condition, and
the owner or subsequent transferees of the premises in question shall
be responsible for the maintenance, replacement and repair of any
improvements required by such condition, including but not limited
to, the replacement of any required plantings which fail to survive.
[1972 Code § 107-86.3; Ord. No.
1240]
The owner shall have the right to appeal the determination of
the Construction Official or Zoning Officer to the Borough Council
by requesting such appeal in writing to the Borough Clerk no later
than the expiration of the thirty-day period provided in the notice.
Upon receipt of such request for appeal, the Borough Council shall
establish a date for the hearing of such appeal. The thirty-day period
provided in the notice shall be tolled from the date of receipt of
the notice of appeal by the Borough Clerk until the date of determination
of the appeal by the Borough Council. The Borough Council may, as
part of its determination of such appeal, allow a greater number of
days for correction of the violation from the date of its determination
than the number of days remaining unexpired in the original period
of the notice.
[1972 Code § 107-86.4; Ord. No.
1240]
If the owner fails to correct the violations noted within the
time provided in the notice, or within such further time as may be
allowed by the Borough Council in the event of an appeal, the Borough
Council may order that the violation be corrected at the owner's expense
or may revoke any certificate of occupancy granted and require that
the property be vacated.
[1972 Code § 107-86.5; Ord. No.
1240]
Any person who shall fail to correct a violation after written notice thereof, as provided in this Section 35-28, shall be subject to a fine not exceeding $500.
|
Violations and Penalties
|
[1972 Code § 107-87; Ord. No. 1097; Ord. No. 1304; New]
a.
The owner of any building or structure, lot or land, or part thereof,
and/or the tenant or occupant of any building or structure, lot or
land, or part thereof, where anything in violation of this chapter
shall be placed or shall exist or be suffered, allowed or permitted
to exist, and any architect, builder, developer, contractor, agent,
person or corporation engaged in connection therewith and who assists
in the commission of any such violation shall each be guilty of a
separate violation, and, upon conviction thereof, shall each be liable
to the fine or imprisonment, or both, specified above.
[1972 Code § 107-88; Ord. No. 1097]
In case any building or structure is erected, constructed, reconstructed,
altered, moved or converted or any building, structure or land is
used in violation of or contrary to the provisions of this chapter,
the Borough may institute an action to enjoin or any other appropriate
action or proceeding to prevent such erection, construction, reconstruction,
alteration, conversion or use.
Conflict with Other Legislation
[1972 Code § 107-89; Ord. No. 1097]1
In the event of a conflict between this chapter and any other
ordinance, such as a Construction Code, Housing Code or Licensing
Ordinance, the ordinance requiring the more restrictive regulation
or the one requiring the higher set of standards shall apply.[1]
|
Pending Applications
|
[1972 Code § 107-90; Ord. No. 1097]
Nothing in this chapter shall require any change in the plans,
construction, size or designated use of any building, structure or
part thereof for which any construction permit has been granted before
the enactment of this chapter, provided that construction for such
plans shall have been started within 60 days of enactment of this
chapter and shall be diligently pursued to completion.
|
Repealer
|
[1972 Code § 107-91; Ord. No. 1097]
Chapter 107, Zoning, of the Code of the Borough of Manasquan[1] is hereby repealed. All other ordinances or parts of ordinances
which are inconsistent herewith are repealed, but only to the extent
of such inconsistency.
|
Inclusion in Code
|
[1972 Code § 107-92; Ord. No. 1092]
This chapter shall be codified as Chapter 35 of the Code of the Borough of Manasquan.
|
Satellite Dish Antennas
|
[1972 Code § 107-93; Ord. No. 1097; Ord. No. 2180-15]
A satellite earth station, commonly referred to as dish antenna,
including any structural supports, is permitted in all zoning districts
established in this chapter providing the following conditions or
requirements are met:
a.
A dish antenna is permitted only as an accessory use on a lot that
contains a principal structure.
b.
A dish antenna is only permitted in a rear yard and must be located
in accordance with the rear yard setback requirements established
in the zoning district in which the property is located.
c.
A dish antenna shall not be located in the front, rear or side yard
areas established in the zoning district in which the property is
located.
d.
A dish antenna is only permitted as a ground level free-standing
structure.
e.
The surface receiving area of the dish antenna shall not exceed 12
feet in diameter.
f.
No dish antennas shall exceed a height of eight feet.
g.
A dish antenna shall be designed and used only to serve the inhabitants
or patrons of the principal structure on the lot on which it is located.
h.
No lot may contain more than one dish antenna.
i.
All power control and signal cables from the dish antenna shall be
installed below the ground surface in accordance with applicable provisions
of the Uniform Construction Code.
j.
The dish antenna shall be located and screened to minimize motor
noise and visual impact from the street and adjacent properties. The
dish antenna must be surrounded by an enclosure which shall be a natural
or artificial buffer or fence having a height of six feet, which is
planted or constructed so as to conceal the dish antenna from view
at ground level at all property lines. If a natural buffer is utilized,
it shall be planted with such trees or plants to maintain the buffer
quality during the entire year.
k.
The dish antenna shall be of open-mesh material or construction and
must be maintained to function in an environmentally safe manner.
l.
Prior to the construction or erection of a dish antenna, a permit application must be filed with the Construction Official and a permit fee as stated in Chapter 16, Fees, shall be paid to the municipality. The Construction Official shall review the permit application to insure that the above regulations are complied with and that the dish antenna is constructed in accordance with such regulations.
|
Affordable Housing
|
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 1821-00 and 1833-00.
[Ord. No. 2042-08 § 2]
a.
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.
b.
Pursuant to P.L. 2008, c. 46 section 8 (C. 52:27D-329.2) and the
Statewide Non-Residential Development Fee Act (C. 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.
c.
This section establishes standards for the collection, maintenance,
and expenditure of development fees pursuant to COAH's regulations
and in accordance P.L. 2008, c. 46, Sections 8 and 32-38. 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.
[Ord. No. 2042-08 § 2]
[Ord. No. 2042-08 § 2]
a.
AFFORDABLE HOUSING DEVELOPMENT
COAH or the COUNCIL
DEVELOPER
DEVELOPMENT FEE
EQUALIZED ASSESSED VALUE
GREEN BUILDING STRATEGIES
The following terms, as used in this section, shall have the following
meanings:
Shall mean a development included in the Housing Element
and Fair Share Plan, and includes, but is not limited to, an inclusionary
development, a Borough construction project or a 100% affordable development.
Shall mean 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.
Shall mean 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.
Shall mean money paid by a developer for the improvement
of property as permitted in N.J.A.C. 5:97-8.3.
Shall mean the assessed value of a property divided by the
current average ratio of assessed to true value for the Borough of
Manasquan, as determined in accordance with sections 1, 5, and 6 of
P.L. 1973, c. 123 (C. 54:1-35a through C. 54:1-35c).
Shall mean 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.
[Ord. No. 2042-08 § 2]
a.
Imposed Fees. Within the zoning districts specified, residential
developers, except for developers of the types of development specifically
exempted, shall pay a fee of 0.5% of the equalized assessed value,
provided no increased density is permitted.
1.
In the R-1, R-2, and R-3 One-Family Residential, R-4 Beachfront One-Family
Residential, R-5 One-Family, R-M Multi-Family Residential, and R-PM
Planned Multi-Family Residential Zones, where a developer develops
land for residential purposes and receives no right to increased density,
the developer shall pay a development fee of 0.5% of the equalized
assessed value.
2.
In those circumstances where a developer secures the right to increased
density resulting from a variance granted pursuant to N.J.S.A. 40:55D-70d
(a "d" or "use" variance), then the additional residential units realized
(above what is permitted by right under the existing zoning), the
developer will incur a bonus development fee. The developer shall
pay a fee of 0.5% of equalized assessed value for all base units and
6% of equalized value for all bonus units. If there has been an ordinance
adopted within two years prior to the filing of the "d" variance application
that decreases the density permitted on the subject property, the
base density, for the purpose of calculating the 6% bonus shall be
the highest density permitted by right during the two years preceding
the filing of the "d" 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 0.5%
of the equalized assessed value on the first two units; and 6% of
the equalized assessed value for the two additional units, provided
zoning on the site has not changed during the two-year period preceding
the filing of such a variance application.
3.
Sites in the R-PM Planned Multi-Family Residential Zone that require
a percentage of housing units to be set aside for low and moderate
income households and that the Borough elects to allow the developer
to pay a fee in lieu of constructing some or all of the number of
low and moderate units otherwise required, the developer and Borough
shall enter into an agreement allowing the developer to pay a fee
in an amount equal to the cost of subsidizing the affordable units.
The fee amount shall be not less than the subsidy required payment
in lieu amount as determined by COAH for the applicable housing region
pursuant to N.J.S.A. 5:97-6.4(c).
b.
Eligible Exactions, Ineligible Exactions and Exemptions for Residential
Development.
1.
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.
2.
Developments that have received preliminary or final site plan approval
prior to the adoption of the Borough of Manasquan development fee
ordinance shall be exempt from the 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.
3.
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, provided 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 subject to the following provision for residential
expansions and additions.
(a)
Residential additions and expansions that result in an increase
in equalized assessed value (EAV) that are equal to, or less than,
50% of the EAV of the original structure shall not be subject to a
fee, provided that the expansion does not increase the number of dwelling
units. However, if a property owner applies for two or more construction
permits within a five-year period, then the cumulative increase in
EAV compared to the EAV of the original structure shall be used to
determine the percentage increase in the EAV.
Example: If in Year One, the EAV is $200,000, and the property
owner constructs an addition which increases the EAV to $300,000,
then the addition is exempt from the payment of a development fee
since the increase in equalized assessed value of $100,000 is 50%
of the EAV of the original structure.
($300,000 - $200,000 = $100,000) which is equal to 50% of the
EAV of the original structure ($100,000/$200,000 = 0.50 or 50%).
If in Year Three, the property owner seeks to construct a second
addition that increases the EAV by an additional $50,000, then the
property owner would have to pay a development fee because the cumulative
increase to the original EAV is more than 50%. In that case, the fee
would be based on the total cumulative increase in EAV of $150,000.
(Original EAV ($200,000) + EAV increase of Year One addition
($100,000) + EAV increase of Year Three ($50,000) = New EAV ($350,000).
New EAV ($350,000) - Original EAV ($200,000) = Cumulative EAV Increase
($150,000) which is equal to 75% of the EAV of the original structure
($150,000/$200,000 = 0.75 or 75%).
4.
The Borough exempts the following types of development from residential
development fees:
(a)
Nonprofit organizations, which have received tax exempt status
pursuant to Section 501(c) 3 of the Internal Revenue Code, providing
evidence of that status is submitted to the Borough Clerk and the
Borough Tax Assessor together with a certification that services of
the organization are provided at reduced rates to those who establish
an inability to pay such charges.
(b)
Federal, State, County, and local governments.
(c)
Reconstruction of existing owner occupied residential structures
as a result of fire, flood or natural disaster.
[Ord. No. 2042-08 § 2]
a.
Imposed Fees.
1.
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.
2.
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.
3.
Development fees shall be imposed and collected when an existing
structure is demolished and replaced. The development fee of 2.5%
shall be calculated on the difference between the equalized assessed
value of the preexisting land and improvement and the equalized assessed
value of the newly improved structure, i.e. land and improvement,
at the time final Certificate of Occupancy is issued. If the calculation
required under this section results in a negative number, the nonresidential
development fee shall be zero.
4.
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 an increase in equalized assessed
value resulting from alterations, change in use within existing footprint,
reconstruction, renovations and repairs.
(c)
Nonresidential developments shall be exempt from the payment
of nonresidential development fees in accordance with the exemptions
required pursuant to P.L. 2008, c. 46, as specified in 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
shall be enforceable by the Borough of Manasquan as a lien against
the real property of the owner.
[Ord. No. 2042-08 § 2]
a.
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.
b.
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 Borough Tax
Assessor shall verify exemptions and prepare estimated and final assessments
as per the instructions provided in Form N-RDF.
c.
The Construction Official responsible for the issuance of a building
permit shall notify the Borough Tax Assessor of the issuance of the
first building permit for a development, which is subject to a development
fee.
d.
Within 20 days of receipt of that notice, the Borough Tax Assessor,
based on the plans filed, shall provide an estimate of the equalized
assessed value of the development.
e.
The Construction Official responsible for the issuance of a final
Certificate of Occupancy notifies the Borough Tax Assessor of any
and all requests for the scheduling of a final inspection on property
which is subject to a development fee.
f.
Within 10 business days of a request for the scheduling of a final
inspection, the Borough 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.
g.
Should the Borough of Manasquan 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 (C. 40:55D-8.6).
h.
50% 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.
i.
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 the Board, collected fees shall be placed in
an interest bearing escrow account by the Borough of Manasquan. 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 nonresidential development fees imposed
by filing a challenge with the Director of the Division of Taxation.
Pending a review and determination by the Director, which shall be
made within 45 days of receipt of the challenge, collected fees shall
be placed in an interest bearing escrow account by the Borough of
Manasquan. 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.
[Ord. No. 2042-08 § 2]
a.
There is hereby created a separate, interest-bearing housing trust
fund to be maintained by the Borough 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.
b.
The following additional funds shall be deposited in the Affordable
Housing Trust Fund and shall at all times be identifiable by source
and amount:
1.
Payments in lieu of on-site construction of affordable units;
2.
Developer contributed funds to make 10% of the adaptable entrances
in a townhouse or other multistory attached development accessible;
3.
Rental income from municipally operated units;
4.
Repayments from affordable housing program loans;
5.
Recapture funds;
6.
Proceeds from the sale of affordable units; and
7.
Any other funds collected in connection with the Borough of Manasquan's
affordable housing program.
c.
Within seven days from the opening of the trust fund account, the
Borough of Manasquan 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).
d.
All interest accrued in the housing trust fund shall only be used
on eligible affordable housing activities approved by COAH.
[Ord. No. 2042-08 § 2]
a.
The expenditure of all funds shall conform to a spending plan approved
by COAH. Funds deposited in the housing trust fund may be used for
any activity approved by COAH to address the Borough of Manasquan'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
8.9 and specified in the approved spending plan.
b.
Funds shall not be expended to reimburse the Borough of Manasquan
for past housing activities.
c.
At least 30% of all development fees collected and interest earned
shall be used to provide affordability assistance to low- and moderate-income
households in affordable units included in the municipal Fair Share
Plan. One-third of the affordability assistance portion of development
fees collected shall be used to provide affordability assistance to
those households earning 30% or less of median income by region.
1.
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.
2.
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 may entitle the Borough of Manasquan to bonus
credits pursuant to N.J.A.C. 5:97-3.7.
3.
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.
d.
The Borough of Manasquan 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.
e.
No more than 20% of all revenues collected from development fees,
may be expended on administration, including, but not limited to,
salaries and benefits for municipal employees or consultant fees necessary
to develop or implement a new construction program, a Housing Element
and Fair Share Plan, and/or an affirmative marketing program. In the
case of a rehabilitation program, no more than 20% of the revenues
collected from development fees shall be expended for such administrative
expenses. Administrative funds may be used for income qualification
of households, monitoring the turnover of sale and rental units, and
compliance with CO AH'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.
[Ord. No. 2042-08 § 2]
The Borough of Manasquan shall complete and return to COAH all
monitoring forms included in monitoring requirements related to the
collection of development fees from residential and nonresidential
developers, payments in lieu of constructing affordable units on site,
funds from the sale of units with extinguished controls, barrier free
escrow funds, rental income, repayments from affordable housing program
loans, and any other funds collected in connection with the Borough
of Manasquan 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.
[Ord. No. 2042-08 § 2]
The ability for the Borough of Manasquan to impose, collect
and expend development fees shall expire with its substantive certification
unless the Borough of Manasquan has filed an adopted Housing Element
and Fair Share Plan with COAH, has petitioned for substantive certification,
and has received COAH's approval of its development fee ordinance.
If the Borough of Manasquan 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 (C. 52:27D-320). The Borough of
Manasquan shall not impose a residential development fee on a development
that receives preliminary or final site plan approval after the expiration
of its substantive certification or judgment of compliance, nor shall
the Borough of Manasquan retroactively impose a development fee on
such a development. The Borough of Manasquan shall not expend development
fees after the expiration of its substantive certification or judgment
of compliance.
[Ord. No. 1939-04 § 2;
amended 3-18-2019 by Ord. No. 2282-19]
a.
Purpose.
1.
This section is intended to assure that very-low, low-, and moderate-income
units ("affordable units") are created with controls on affordability
and that very-low, low-, and moderate-income households shall occupy
these units. This section shall apply except where inconsistent with
applicable law.
2.
The Borough of Manasquan Planning Board has adopted a Housing Element
and Fair Share Plan pursuant to the Municipal Land Use Law at N.J.S.A.
40:55D-1 et seq. (hereinafter "Fair Share Plan"). The Fair Share Plan
was endorsed by the Borough Council. The Fair Share Plan describes
how the Borough of Manasquan shall address its fair share of very-low,
low-, and moderate-income housing as documented in the Fair Share
Plan itself, the Settlement Agreement entered into between the Borough
and Fair Share Housing Center ("FSHC") on July 3, 2018 (hereinafter
"FSHC Settlement Agreement"), and the Superior Court Order approving
same, which was entered by the Court on September 14, 2018, after
a properly noticed fairness hearing was held on September 11, 2018.
3.
The Borough of Manasquan shall track the status of the implementation
of the Fair Share Plan.
b.
Monitoring and Reporting Requirements. The Borough of Manasquan shall
comply with the following monitoring and reporting requirements regarding
the status of the implementation of its Superior Court-approved Housing
Element and Fair Share Plan:
1.
Beginning one year after the entry of the Borough's Round 3 Judgment
of Compliance and Repose, and on every anniversary of that date through
2025, the Borough shall provide an annual report of its Affordable
Housing Trust Fund activity to the New Jersey Department of Community
Affairs, Council on Affordable Housing, or Local Government Services,
or other entity designated by the State of New Jersey, with a copy
provided to Fair Share Housing Center (FSHC) and posted on the municipal
website, using forms developed for this purpose by the New Jersey
Department of Community Affairs (NJDCA), Council on Affordable Housing
(COAH), or Local Government Services (NJLGS). The report shall include
an accounting of all Affordable Housing Trust Fund activity, including
the source and amount of funds collected and the amount and purpose
for which any funds have been expended.
2.
Beginning one year after the entry of the Borough's Round 3 Judgment
of Compliance and Repose, and on every anniversary of that date through
2025, the Borough agrees to provide an annual report of the status
of all affordable housing activity within the municipality through
posting on the municipal website with a copy of such posting provided
to Fair Share Housing Center, using forms previously developed for
this purpose by COAH, or any other forms endorsed by the Superior
Court Appointed Special Master and FSHC.
3.
The Fair Housing Act[1] includes two provisions regarding action to be taken by
the Borough during its ten-year repose period. The Borough will comply
with those provisions as follows:
(a)
For the midpoint realistic opportunity review due on July 1,
2020, as required pursuant to N.J.S.A. 52:27D-313, the Borough will
post on its municipal website, with a copy provided to Fair Share
Housing Center, a status report as to its implementation of its plan
and an analysis of whether any unbuilt sites or unfulfilled mechanisms
continue to present a realistic opportunity and whether the mechanisms
to meet unmet need should be revised or supplemented. Such posting
shall invite any interested party to submit comments to the Borough,
with a copy to Fair Share Housing Center, regarding whether any sites
no longer present a realistic opportunity and should be replaced and
whether the mechanisms to meet unmet need should be revised or supplemented.
Any interested party may by motion request a hearing before the Superior
Court regarding these issues.
(b)
For the review of very-low-income housing requirements required
by N.J.S.A. 52:27D-329.1, within 30 days of the third anniversary
of the entry of the Borough's Judgement of Compliance and Repose,
and every third year thereafter, the Borough will post on its municipal
website, with a copy provided to Fair Share Housing Center, a status
report as to its satisfaction of its very-low-income requirements,
including the family very-low-income requirements referenced herein.
Such posting shall invite any interested party to submit comments
to the Borough and Fair Share Housing Center on the issue of whether
the Borough has complied with its very-low-income housing obligation
under the terms of this settlement.
(c)
In addition to the foregoing postings, the Borough may also
elect to file copies of its reports with COAH or its successor agency
at the state level.
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
c.
ACCESSORY APARTMENT
ACT
ADAPTABLE
ADMINISTRATIVE AGENT
AFFIRMATIVE MARKETING
AFFORDABILITY AVERAGE
AFFORDABLE
AFFORDABLE DEVELOPMENT
AFFORDABLE HOUSING DEVELOPMENT
AFFORDABLE HOUSING PROGRAM(S)
AFFORDABLE UNIT
AGE-RESTRICTED UNIT
AGENCY
ALTERNATIVE LIVING ARRANGEMENT
ASSISTED LIVING RESIDENCE
CERTIFIED HOUSEHOLD
COAH
DCA
DEFICIENT HOUSING UNIT
DEPARTMENT
DEVELOPER
DEVELOPMENT
INCLUSIONARY DEVELOPMENT
LOW-INCOME HOUSEHOLD
LOW-INCOME UNIT
MAJOR SYSTEM
MARKET-RATE UNITS
MEDIAN INCOME
MODERATE-INCOME HOUSEHOLD
MODERATE-INCOME UNIT
MUNICIPAL HOUSING LIAISON
NONEXEMPT SALE
RANDOM SELECTION PROCESS
REGIONAL ASSET LIMIT
REHABILITATION
RENT
RESTRICTED UNIT
SUPPORTIVE AND SPECIAL NEEDS HOUSING
UHAC
VERY-LOW-INCOME HOUSEHOLD
VERY-LOW-INCOME UNIT
WEATHERIZATION
Definitions.
The following terms when used in this section shall have the
meanings given in this section:
A self-contained residential dwelling unit with a kitchen,
sanitary facilities, sleeping quarters and a private entrance, which
is created within an existing home, or through the conversion of an
existing accessory structure on the same site, or by an addition to
an existing home or accessory building, or by the construction of
a new accessory structure on the same site.
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.), as has been subsequently amended.
Constructed in compliance with the technical design standards
of the Barrier Free Subcode, N.J.A.C. 5:23-7.[2]
The entity designated by the Borough responsible for the
administration of affordable units in accordance with this section,
applicable COAH regulations and the Uniform Housing Affordability
Controls (UHAC N.J.A.C. 5:80-26.1 et seq.)
A regional marketing strategy designed to attract buyers
and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
The average percentage of median income at which restricted
units in an affordable housing development are affordable to low-
and moderate-income households.
A sales price or rent within the means of a low- or moderate-income
household as defined by COAH in its applicable regulations or an equivalent
controlling New Jersey state agency; in the case of an ownership unit,
that the sales price for the unit conforms to the standards set forth
in N.J.A.C. 5:80-26.6, as may be amended and supplemented, and, in
the case of a rental unit, that the rent for the unit conforms to
the standards set forth in N.J.A.C. 5:80-26.12, as may be amended
and supplemented.
A housing development all or a portion of which consists
of restricted units.
A development included in the Borough's Fair Share Plan,
and includes, but is not limited to, an inclusionary development,
a municipal construction project or a 100% affordable development.
Any mechanism in the Borough's Fair Share Plan prepared or
implemented to address the Borough's fair share obligation.
A housing unit proposed or created pursuant to the Act, credited
pursuant to applicable COAH regulations, the FSHC Settlement Agreement,
or an order of the Superior Court.
A housing unit designed to meet the needs of, and exclusively
for, the residents of 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; or 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 the U.S. Department of Housing
and Urban Development as "housing for older persons" as defined in
Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.
The New Jersey Housing and Mortgage Finance Agency established
by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
A structure in which households live in distinct bedrooms,
yet share kitchen and plumbing facilities, central heat and common
areas. Alternative living arrangements include, but are not limited
to: transitional facilities for the homeless; Class A, B, C, D, and
E boardinghomes as regulated by the State of New Jersey Department
of Community Affairs; residential health care facilities as regulated
by the New Jersey Department of Health; group homes for the developmentally
disabled and mentally ill as licensed and/or regulated by the New
Jersey Department of Human Services; and congregate living arrangements.
A facility licensed by the New Jersey Department of Health
and Senior Services to provide apartment-style housing and congregate
dining and to assure that assisted living services are available when
needed for four or more adult persons unrelated to the proprietor
and that offers units containing, at a minimum, one unfurnished room,
a private bathroom, a kitchenette and a lockable door on a the unit
entrance.
A household that has been certified by an administrative
agent as a very-low-income household, low-income household or moderate-income
household.
The New Jersey Council on Affordable Housing.
The State of New Jersey Department of Community Affairs.
A housing unit with health and safety code violations that
require the repair or replacement of a major system. A major system
includes weatherization, roofing, plumbing (including wells), heating,
electricity, sanitary plumbing (including septic systems), lead paint
abatement and/or load-bearing structural systems.
The Department of Community Affairs of the State of New Jersey,
that was established under the New Jersey Fair Housing Act (N.J.S.A.
52:27D-301 et seq.).
Any person, partnership, association, entity, company or
corporation that is the legal or beneficial owner or owners of a lot
or any land proposed to be included in a proposed development including
the holder of an option to contract or purchase, or other person having
an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any use or change in the use of any
building or other structure, or of any mining, excavation or landfill,
and any use or change in the use of any building or other structure,
or land or extension of use of land, for which permission may be required
pursuant to N.J.S.A. 40:55D-1 et seq.
A development containing both affordable units and market-rate
units. This term includes, but is not necessarily limited to: new
construction, the conversion of a nonresidential structure to residential
and the creation of new affordable units through the reconstruction
of a vacant residential structure.
A household with a total gross annual household income equal
to 50% or less of the median household income.
A restricted unit that is affordable to a low-income household.
The primary structural, mechanical, plumbing, electrical,
fire protection, or occupant service components of a building, which
include but are not limited to weatherization, roofing, plumbing (including
wells), heating, electricity, sanitary plumbing (including septic
systems), lead paint abatement or load-bearing structural systems.
Housing not restricted to low- and moderate-income households
that may sell or rent at any price.
The median income by household size for the applicable county,
as adopted annually by the Department.
A household with a total gross annual household income in
excess of 50% but less than 80% of the median household income.
A restricted unit that is affordable to a moderate-income
household.
The employee charged by the governing body with the responsibility
for oversight and administration of the affordable housing program
for Manasquan.
Any sale or transfer of ownership other than the transfer
of ownership between husband and wife; the transfer of ownership between
former spouses ordered as a result of a judicial decree of divorce
or judicial separation, but not including sales to third parties;
the transfer of ownership between family members as a result of inheritance;
the transfer of ownership through an executor's deed to a Class A
beneficiary and the transfer of ownership by court order.
A process by which currently income-eligible households are
selected for placement in affordable housing units such that no preference
is given to one applicant over another except for purposes of matching
household income and size with an appropriately priced and sized affordable
unit (e.g., by lottery).
The maximum housing value in each housing region affordable
to a four-person household with an income at 80% of the regional median
as defined by the Department's adopted Regional Income Limits published
annually by COAH, a successor entity or established by the Court.
The repair, renovation, alteration or reconstruction of any
building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C.
5:23-6.
The gross monthly cost of a rental unit to the tenant, including
the rent paid to the landlord, as well as an allowance for tenant-paid
utilities computed in accordance with allowances published by DCA
for its Section 8 program. In assisted living residences, rent does
not include charges for food and services.
A dwelling unit, whether a rental unit or ownership unit,
that is subject to the affordability controls of N.J.A.C. 5:80-26.1,
as may be amended and supplemented, but does not include a market-rate
unit financed under UHORP or MONI.
A structure or structures in which individuals or households
reside, which is also referred to as "alternative living arrangements."
See definition of "alternative living arrangements" above.
The Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26.1 et seq.
A household with a total gross annual household income equal
to 30% or less of the median household income.
A restricted unit that is affordable to a very-low-income
household.
Building insulation (for attic, exterior walls and crawl
space), siding to improve energy efficiency, replacement storm windows,
replacement storm doors, replacement windows and replacement doors,
and is considered a major system for rehabilitation.
[2]
Editor's Note: See now N.J.A.C. 5:23-3.14(b).
d.
Applicability.
1.
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 within the Borough of Manasquan pursuant
to the Borough's most recently adopted Housing Element and Fair Share
Plan.
2.
This section shall apply to all developments that contain low-and
moderate-income housing units, including any currently unanticipated
future developments that will provide low- and moderate-income housing
units.
e.
Rehabilitation Programs.
1.
The Borough of Manasquan and FSHC have agreed that the Borough's
Round 3 (1999-2025) indigenous need rehabilitation obligation is six
units. The Borough has already fully satisfied its Round 3 rehabilitation
obligation and has two additional rehabilitation credits that can
be applied to Round 4, should applicable law allow such credits to
be counted in the future. If the Borough chooses to continue to participate
in the Monmouth County Rehabilitation Program and/or hires a separate
qualified entity to rehabilitate units in the Borough, this section
will apply. Any such rehabilitation programs will update and renovate
deficient housing units occupied by low- and moderate-income households
such that, after rehabilitation, these units will comply with the
New Jersey State Housing Code pursuant to N.J.A.C. 5:28.
(a)
All rehabilitated rental and owner-occupied units shall remain
affordable to low- and moderate-income households for a period of
10 years (the control period). For owner-occupied units, the control
period will be enforced with a lien and for renter-occupied units
the control period will be enforced with a deed restriction.
(b)
The Borough of Manasquan shall dedicate an average of at least
$10,000 for each unit to be rehabilitated through this program, reflecting
the minimum hard cost of rehabilitation for each unit.
(c)
Units in the rehabilitation programs shall be exempt from N.J.A.C.
5:93-9[3] and UHAC requirements, but shall be administered in accordance
with the following:
(1)
If a unit is vacant, upon initial rental subsequent to rehabilitation,
or if a renter-occupied unit is re-rented prior to the end of controls
on affordability, the deed restriction shall require the unit to be
rented to a low- or moderate-income household at an affordable rent
and affirmatively marketed pursuant to N.J.A.C. 5:93-9 and UHAC.
(2)
If a unit is renter-occupied, upon completion of the rehabilitation,
the maximum rate of rent shall be the lesser of the current rent or
the maximum permitted rent pursuant to N.J.A.C. 5:93-9 and UHAC.
(3)
Rents in rehabilitated units may increase annually based on
the standards in N.J.A.C. 5:93-9 or the standards issued by a New
Jersey administrative agency with proper authority to issue such standards.
(4)
Applicant and/or tenant households shall be certified as income-eligible
in accordance with N.J.A.C. 5:93-9 and UHAC, except that households
in owner-occupied units shall be exempt from the regional asset limit.
[3]
Editor's Note: In accordance with N.J.S.A. 52:14B-5.1b, Chapter
93, Substantive Rules of the New Jersey Council on Affordable Housing
for the Period Beginning June 6, 1994, expired on 10-16-2016.
f.
Alternative living arrangements.
1.
The administration of an alternative living arrangement shall be
in compliance with N.J.A.C. 5:93-5:8[4] and UHAC, with the following exceptions:
(a)
Affirmative marketing (N.J.A.C. 5:80-26.15); provided, however,
that the units or bedrooms may be affirmatively marketed by the provider
in accordance with an alternative plan approved by the Superior Court;
(b)
Affordability average and bedroom distribution (N.J.A.C. 5:80-26.3).
[4]
Editor's Note: In accordance with N.J.S.A. 52:14B-5.1b, Chapter
93, Substantive Rules of the New Jersey Council on Affordable Housing
for the Period Beginning June 6, 1994, expired on 10-16-2016.
2.
With the exception of units established with capital funding through
a twenty-year operating contract with the Department of Human Services,
Division of Developmental Disabilities, alternative living arrangements
shall have at least thirty-year controls on affordability in accordance
with UHAC, unless an alternative commitment is approved by the Superior
Court.
3.
The service provider for the alternative living arrangement shall
act as the administrative agent for the purposes of administering
the affirmative marketing and affordability requirements for the alternative
living arrangement.
g.
Phasing schedule for inclusionary developments.
In inclusionary developments the following schedule shall be
followed:
|
Maximum Percentage of Market-Rate Units Completed
|
Minimum Percentage of Low-and Moderate-Income Units Completed
|
|---|---|
|
25
|
0
|
|
25+1
|
10
|
|
50
|
50
|
|
75
|
75
|
|
90
|
100
|
h.
New construction.
1.
Low/moderate split and bedroom distribution of affordable housing
units:
(a)
The fair share obligation shall be divided equally between low-
and moderate-income units, except that where there is an odd number
of affordable housing units, the extra unit shall be a low-income
unit. At least 13% of all restricted rental units shall be very-low-income
units (affordable to a household earning 30% or less of regional median
income by household size). The very-low-income units shall be counted
as part of the required number of low-income units within the development.
At least 50% of the very-low-income units must be available to families.
(b)
In each affordable development, at least 50% of the restricted
units within each bedroom distribution shall be low-income units including
at least 13% of the restricted units within each bedroom distribution
shall be very-low-income units.
(c)
Affordable developments that are not age-restricted shall be
structured in conjunction with realistic market demands such that:
(1)
The combined number of efficiency and one-bedroom units shall
be no greater than 20% of the total low- and moderate-income units;
(2)
At least 30% of all low- and moderate-income units shall be
two-bedroom units;
(3)
At least 20% of all low- and moderate-income units shall be
three-bedroom units; and
(4)
The remaining units may be allocated among two- and three-bedroom
units at the discretion of the developer and the Borough.
(d)
Affordable developments that are age-restricted shall be structured
such that the number of bedrooms shall equal the number of age-restricted
low- and moderate-income units within the inclusionary development.
This standard may be met by having all one-bedroom units or by having
a two-bedroom unit for each efficiency unit.
2.
Accessibility requirements:
(b)
All restricted townhouse dwelling units and all restricted units
in other multistory buildings in which a restricted dwelling unit
is attached to at least one other dwelling unit shall have the following
features:
(1)
An adaptable toilet and bathing facility on the first floor;
and
(2)
An adaptable kitchen on the first floor; and
(3)
An interior accessible route of travel on the first floor; and
(4)
An adaptable room that can be used as a bedroom, with a door
or the casing for the installation of a door, on the first floor;
and
(5)
If all of the foregoing requirements in Subsection h2(b)(1) through (4) above cannot be satisfied, then an interior accessible route of travel must be provided between stories within an individual unit, but if all of the terms of Subsection h2(b)(1) through (4) above have been satisfied, then an interior accessible route of travel shall not be required between stories within an individual unit; and
(6)
An accessible entranceway as set forth at P.L. 2005, c. 350
(N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C.
5:23-7,[6] or evidence that Manasquan has collected funds from the
developer sufficient to make 10% of the adaptable entrances in the
development accessible:
(i)
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.
(ii)
To this end, the builder of restricted units shall
deposit funds into the Borough of Manasquan's Affordable Housing Trust
Fund sufficient to install accessible entrances in 10% of the affordable
units that have been constructed with adaptable entrances.
(iii)
The funds deposited under Subsection h2b(6) above shall be used by the Borough of Manasquan 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.
(iv)
The developer of the restricted units shall submit
a design plan and cost estimate to the Construction Official of the
Borough of Manasquan for the conversion of adaptable to accessible
entrances.
(v)
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,[7] and that the cost estimate of such conversion is reasonable,
payment shall be made to the Borough's Affordable Housing Trust Fund
in care of the Borough Chief Financial Officer who shall ensure that
the funds are deposited into the Affordable Housing Trust Fund and
appropriately earmarked.
[7]
Editor's Note: See now N.J.A.C. 5:23-3.14(b).
[6]
Editor's Note: See now N.J.A.C. 5:23-3.14(b).
(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. Determinations of site impracticability shall
be in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7.
3.
Design:
(a)
In inclusionary developments, very-low, low- and moderate-income
units shall be integrated with the market units to the extent possible.
(b)
In inclusionary developments, very-low, low- and moderate-income
units shall have access to all of the same common elements and facilities
as the market units.
4.
Maximum rents and sales prices:
(a)
In establishing rents and sales prices of affordable housing
units, the administrative agent shall follow the procedures set forth
in UHAC, utilizing the most recently published regional weighted average
of the uncapped Section 8 income limits published by HUD.
(b)
The maximum rent for restricted rental units within each affordable
development shall be affordable to households earning no more than
60% of median income, and the average rent for restricted rental units
shall be affordable to households earning no more than 52% of median
income.
(c)
The developers and/or municipal sponsors of restricted rental
units shall establish at least one rent for each bedroom type for
both low-income and moderate-income units, provided that at least
13% of all low- and moderate-income rental units shall be affordable
to very-low-income households, which very-low-income units shall be
part of the low-income requirement.
(d)
The maximum sales price of restricted ownership units within
each affordable development shall be affordable to households earning
no more than 70% of median income, and each affordable development
must achieve an affordability average of 55% for restricted ownership
units; in achieving this affordability average, moderate-income ownership
units must be available for at least three different sales prices
for each bedroom type, and low-income ownership units must be available
for at least two different sales prices for each bedroom type.
(e)
In determining the initial sales prices and rent levels for
compliance with the affordability average requirements for restricted
units other than assisted living facilities and age-restricted developments,
the following standards shall be used:
(1)
A studio shall be affordable to a one-person household;
(2)
A one-bedroom unit shall be affordable to a one-and-one-half-person
household;
(3)
A two-bedroom unit shall be affordable to a three-person household;
(4)
A three-bedroom unit shall be affordable to a four-and-one-half-person
household; and
(5)
A four-bedroom unit shall be affordable to a six-person household.
(f)
In determining the initial sales prices and rents for compliance
with the affordability average requirements for restricted units in
assisted living facilities and age-restricted developments, the following
standards shall be used:
(g)
The initial purchase price for all restricted ownership units
shall be calculated so that the monthly carrying cost of the unit,
including principal and interest (based on a mortgage loan equal to
95% of the purchase price and the Federal Reserve H.15 rate of interest),
taxes, homeowner and private mortgage insurance and condominium or
homeowner's association fees do not exceed 28% of the eligible monthly
income of the appropriate size household as determined under N.J.A.C.
5:80-26.4, as may be amended and supplemented; provided, however,
that the price shall be subject to the affordability average requirement
of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
(h)
The initial rent for a restricted rental unit shall be calculated
so as not to exceed 30% of the eligible monthly income of the appropriate
size household, including an allowance for tenant paid utilities,
as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented;
provided, however, that the rent shall be subject to the affordability
average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
(i)
Income limits for all units that are part of the Borough's Housing
Element and Fair Share Plan, and for which income limits are not already
established through a federal program exempted from the Uniform Housing
Affordability Controls pursuant to N.J.A.C. 5:80-26.1, shall be updated
by the Borough annually within 30 days of the publication of determinations
of median income by HUD as follows:
(1)
The income limit for a moderate-income unit for a household
of four shall be 80% of the HUD determination of the median income
for COAH Region 4 for a family of four. The income limit for a low-income
unit for a household of four shall be 50% of the HUD determination
of the median income for COAH Region 4 for a family of four. The income
limit for a very-low-income unit for a household of four shall be
30% of the HUD determination of the median income for COAH Region
4 for a family of four. These income limits shall be adjusted by household
size based on multipliers used by HUD to adjust median income by household
size. In no event shall the income limits be less than the previous
year.
(j)
In establishing sale prices and rents of affordable housing
units, the administrative agent shall follow the procedures set forth
in UHAC, utilizing the regional income limits established by the Council:
(1)
The price of owner-occupied very-low, low- and moderate-income units may increase annually based on the percentage increase in the regional median income limit for each housing region determined pursuant to Subsection h4(i). In no event shall the maximum resale price established by the administrative agent be lower than the last recorded purchase price.
(2)
The rents of very-low-, low- and moderate-income units may be
increased annually based on the permitted percentage increase in the
Housing Consumer Price Index for the Central New Jersey Area, upon
its publication for the prior calendar year. This increase shall not
exceed 9% in any one year. Rents for units constructed pursuant to
low-income housing tax credit regulations shall be indexed pursuant
to the regulations governing low-income housing tax credits.
i.
Utilities.
1.
Affordable units shall utilize the same type of heating source as
market units within an inclusionary development.
2.
Tenant-paid utilities included in the utility allowance shall be
set forth in the lease and shall be consistent with the utility allowance
approved by the NJDCA for its Section 8 program.
j.
Occupancy standards. In referring certified households to specific
restricted units, the administrative agent shall, to the extent feasible
and without causing an undue delay in the occupancy of a unit, strive
to:
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. 5:80-26.5, as may be amended and supplemented, and each
restricted ownership unit shall remain subject to the requirements
of this section for a period of at least 30 years, until Manasquan
Borough takes action to release the unit from such requirements; prior
to such action, a restricted ownership unit must remain subject to
the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented.
2.
The affordability control period for a restricted ownership unit
shall commence on the date the initial certified household takes title
to the unit.
3.
Prior to the issuance of the initial certificate of occupancy for
a restricted ownership unit and upon each successive sale during the
period of restricted ownership, the Borough's administrative agent,
or an administrative agent appointed by a particular developer, 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.
4.
At the time of the initial sale of the unit, the initial purchaser
shall execute and deliver to the Borough's administrative agent, or
an administrative agent appointed by a particular developer, a recapture
note obligating the purchaser (as well as the purchaser's heirs, successors
and assigns) to repay, upon the first nonexempt sale after the unit's
release from the restrictions set forth in this section, an amount
equal to the difference between the unit's nonrestricted fair market
value and its restricted price, and the recapture note shall be secured
by a recapture lien evidenced by a duly recorded mortgage on the unit.
5.
The affordability controls set forth in this section shall remain
in effect despite the entry and enforcement of any judgment of foreclosure
with respect to restricted ownership units.
6.
A restricted ownership unit shall be required to obtain a continuing
certificate of occupancy or a certified statement from the Construction
Official stating that the unit meets all code standards upon the first
transfer of title following the removal of the restrictions provided
under N.J.A.C. 5:80-26.5(a), as may be amended and supplemented.
l.
Price Restrictions for restricted ownership units, homeowners' association
fees and resale prices. Price restrictions for restricted ownership
units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended
and supplemented, including:
1.
The initial purchase price for a restricted ownership unit shall
be approved by the Borough's administrative agent, or an administrative
agent appointed by a particular developer.
2.
The Borough's administrative agent, or an administrative agent appointed
by a particular developer, shall approve all resale prices, in writing
and in advance of the resale, to assure compliance with the foregoing
standards.
3.
The master deeds of inclusionary developments shall provide no distinction
between the condominium or homeowners' association fees and special
assessments paid by low- and moderate-income purchasers and those
paid by market purchasers, unless the master deed for the inclusionary
project was executed prior to the enactment of UHAC.
4.
The owners of restricted ownership units may apply to the Borough's
administrative agent, or an administrative agent appointed by a particular
developer, to increase the maximum sales price for the unit on the
basis of anticipated capital improvements. Eligible capital improvements
shall be those that render the unit suitable for a larger household
or the addition of a bathroom.
m.
Buyer Income Eligibility.
1.
Buyer income eligibility for restricted ownership units shall be
in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented,
such that low-income ownership units shall be reserved for households
with a gross household income less than or equal to 50% of median
income and moderate- income ownership units shall be reserved for
households with a gross household income less than 80% of median income.
2.
The administrative agent shall certify a household as eligible for
a restricted ownership unit when the household is a low-income household
or a moderate- income household, as applicable to the unit, and the
estimated monthly housing cost for the particular unit (including
principal, interest, taxes, homeowner and private mortgage insurance
and condominium or homeowners' association fees, as applicable) does
not exceed 33% of the household's eligible monthly income.
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 Borough's administrative
agent, or an administrative agent appointed by a particular developer,
for a determination in writing that the proposed indebtedness complies
with the provisions of this section, and the Borough's administrative
agent, or an administrative agent appointed by a particular developer,
shall issue such determination prior to the owner incurring such indebtedness.
2.
With the exception of first purchase money mortgages, neither an
owner nor a lender shall at any time cause or permit the total indebtedness
secured by a restricted ownership unit to exceed 95% of the maximum
allowable resale price of the unit, as such price is determined by
the Borough's administrative agent, or an administrative agent appointed
by a particular developer, in accordance with N.J.A.C. 5:80-26.6(b).
o.
Capital Improvements to Ownership Units.
1.
The owners of restricted ownership units may apply to the Borough's
administrative agent, or an administrative agent appointed by a particular
developer, to increase the maximum sales price for the unit on the
basis of capital improvements made since the purchase of the unit.
Eligible capital improvements shall be those that render the unit
suitable for a larger household or that add an additional bathroom.
In no event shall the maximum sales price of an improved housing unit
exceed the limits of affordability for the larger household.
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 Borough's administrative
agent, or an administrative agent appointed by a particular developer,
at the time of the signing of the agreement to purchase. 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, which shall be subject to ten-year,
straight-line depreciation, has been approved by the Borough's administrative
agent, or an administrative agent appointed by a particular developer.
Unless otherwise approved by the Borough's administrative agent, or
an administrative agent appointed by a particular developer, the purchase
of any property other than central air conditioning shall not be made
a condition of the unit resale. The owner 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.
p.
Control Periods for Restricted Rental Units.
1.
Control periods for restricted rental units shall be in accordance
with N.J.A.C. 5:80-26.11, as may be amended and supplemented, and
each restricted rental unit shall remain subject to the requirements
of this section for a period of at least 30 years, until Manasquan
Borough takes action to release the unit from such requirements. Prior
to such action, a restricted rental unit must remain subject to the
requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented.
2.
Deeds of all real property that include restricted rental units shall
contain deed restriction language. The deed restriction shall have
priority over all mortgages on the property, and the deed restriction
shall be filed by the developer or seller with the records office
of the County of Monmouth. A copy of the filed document shall be provided
to the Borough's administrative agent within 30 days of the receipt
of a certificate of occupancy.
3.
A restricted rental unit shall remain subject to the affordability
controls described in this section despite the occurrence of any of
the following events:
q.
Rent Restrictions for Rental Units; Leases.
1.
A written lease shall be required for all restricted rental units
and tenants shall be responsible for security deposits and the full
amount of the rent as stated on the lease. A copy of the current lease
for each restricted rental unit shall be provided to the Borough's
administrative agent, or an administrative agent appointed by a particular
developer.
2.
No additional fees or charges shall be added to the approved rent
(except, in the case of units in an assisted living residence, to
cover the customary charges for food and services) without the express
written approval of the Borough's administrative agent, or an administrative
agent appointed by a particular developer.
3.
Application fees (including the charge for any credit check) shall
not exceed 5% of the monthly rent of the applicable restricted unit
and shall be payable to the developer and/or landlord or to the Borough's
administrative agent appointed by a particular developer. If the fees
are paid to the Borough's administrative agent or an administrative
agent appointed by a particular developer, they are to be applied
to the costs of administering the controls applicable to the unit
as set forth in this section.
4.
No rent control ordinance or other pricing restriction shall be applicable
to either the market units or the affordable units in any development
in which at least 15% of the total number of dwelling units are restricted
rental units in compliance with this section.
r.
Tenant Income Eligibility.
1.
Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13,
as may be amended and supplemented, and shall be determined as follows:
(a)
Very-low-income rental units shall be reserved for households
with a gross household income less than or equal to 30% of the regional
median household 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 household 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
household income by household size.
2.
The Borough's administrative agent, or a qualified administrative
agent appointed by a particular developer, shall certify a household
as eligible for a restricted rental unit when the household is a very-low-income
household, low-income household or a moderate-income household, as
applicable to the unit, and the rent proposed for the unit does not
exceed 35% 40% for age-restricted units) of the household's eligible
monthly income as determined pursuant to N.J.A.C. 5:80-26.16, 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.
s.
Municipal Housing Liaison.
1.
The position of Municipal Housing Liaison (MHL) for the Borough of
Manasquan is established by this section. The Borough shall make the
actual appointment of the MHL by means of a resolution.
(a)
The MHL must be either a full-time or part-time employee of
Manasquan.
(b)
The person appointed as the MHL must be reported to the Superior
Court and thereafter posted on the Borough's website.
(c)
The MHL must meet all the requirements for qualifications, including
initial and periodic training, if such training is made available
by COAH or the DCA.
(d)
The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for the Borough
of Manasquan, including the following responsibilities which may not
be contracted out to the administrative agent, or the administrative
agent appointed by a specific developer:
(1)
Serving as the municipality's primary point of contact for all
inquiries from the state, affordable housing providers, administrative
agents and interested households;
(2)
The implementation of the Affirmative Marketing Plan and affordability
controls;
(3)
When applicable, supervising any contracting administrative
agent;
(4)
Monitoring the status of all restricted units in the Borough's
Fair Share Plan;
(5)
Compiling, verifying and submitting annual reports as required;
(6)
Coordinating meetings with affordable housing providers and
administrative agents, as applicable; and
(7)
Attending continuing education opportunities on affordability
controls, compliance monitoring and affirmative marketing as offered
or approved by the Affordable Housing Professionals of New Jersey
(AHPNJ), if such continuing education opportunities are made available
by COAH or the DCA.
2.
Subject to the approval of the Superior Court, the Borough of Manasquan
shall designate one or more administrative agent(s) to administer
and to affirmatively market the affordable units constructed in the
Borough in accordance with UHAC and this section.
t.
Administrative agent. An administrative agent may be either an independent
entity serving under contract to and reporting to the Borough, or
reporting to a specific individual developer. The fees of the administrative
agent shall be paid by the owners of the affordable units for which
the services of the administrative agent are required. The Borough
administrative agent shall monitor and work with any individual administrative
agents appointed by individual developers. The administrative agent(s)
shall perform the duties and responsibilities of an administrative
agent as set forth in UHAC including those set forth in N.J.A.C. 5:80-26.14,
5:80-26.16 and 5:80-26.18 thereof, which includes:
1.
Affirmative marketing:
(a)
Conducting an outreach process to affirmatively market affordable
housing units in accordance with the Affirmative Marketing Plan of
the Borough of Manasquan and the provisions of N.J.A.C. 5:80-26.15;
and
(b)
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.
2.
Household certification:
(a)
Soliciting, scheduling, conducting and following up on interviews
with interested households;
(b)
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;
(c)
Providing written notification to each applicant as to the determination
of eligibility or noneligibility;
(d)
Requiring that all certified applicants for restricted units
execute a certificate substantially in the form, as applicable, of
either the ownership or rental certificates set forth in Appendices
J and K of N.J.A.C. 5:80-26.1 et seq.;
(e)
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;
(f)
Employing a random selection process as provided in the Affirmative
Marketing Plan of the Borough of Manasquan when referring households
for certification to affordable units; and
(g)
Notifying the following entities of the availability of affordable
housing units in the Borough of Manasquan: FSHC, the New Jersey State
Conference of the NAACP, the Latino Action Network, STEPS, OCEAN Inc.,
the Greater Red Bank, Asbury Park/Neptune, Bayshore, Greater Freehold,
Greater Long Branch, and Trenton Branches of the NAACP and the Supportive
Housing Association.
3.
Affordability controls:
(a)
Furnishing to attorneys or closing agents forms of deed restrictions
and mortgages for recording at the time of conveyance of title of
each restricted unit;
(b)
Creating and maintaining a file on each restricted unit for
its control period, including the recorded deed with restrictions,
recorded mortgage and note, as appropriate;
(c)
Ensuring that the removal of the deed restrictions and cancellation
of the mortgage note are effectuated and properly filed with the Monmouth
County Register of Deeds or the Monmouth County Clerk's office after
the termination of the affordability controls for each restricted
unit;
(d)
Communicating with lenders regarding foreclosures; and
(e)
Ensuring the issuance of continuing certificates of occupancy
or certifications pursuant to N.J.A.C. 5:80-26.10.
4.
Resales and rerentals:
(a)
Instituting and maintaining an effective means of communicating
information between owners and the Borough's administrative agent,
or any administrative agent appointed by a specific developer, regarding
the availability of restricted units for resale or rerental; and
(b)
Instituting and maintaining an effective means of communicating
information to very-low, low- and moderate-income households regarding
the availability of restricted units for resale or rerental.
5.
Processing requests from unit owners:
(a)
Reviewing and approving requests for determination from owners
of restricted units who wish to take out home equity loans or refinance
during the term of their ownership that the amount of indebtedness
to be incurred will not violate the terms of this section;
(b)
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;
(c)
Notifying the Borough of an owner's intent to sell a restricted
unit; and
(d)
Making determinations on requests by owners of restricted units
for hardship waivers.
6.
Enforcement:
(a)
Securing annually from the Borough a list of all affordable
housing units for which tax bills are mailed to absentee owners, and
notifying all such owners that they must either move back to their
unit or sell it;
(b)
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
Borough's administrative agent, or any administrative agent appointed
by a specific developer;
(c)
Posting annually, in all rental properties (including two-family
homes), a notice as to the maximum permitted rent together with the
telephone number of the Borough's administrative agent, or any administrative
agent appointed by a specific developer, where complaints of excess
rent or other charges can be made;
(d)
Sending annual mailings to all owners of affordable dwelling
units, reminding them of the notices and requirements outlined in
N.J.A.C. 5:80-26.18(d)4;
(e)
Establishing a program for diverting unlawful rent payments
to the Borough's Affordable Housing Trust Fund; and
(f)
Creating and publishing a written operating manual for each
affordable housing program administered by the Borough's administrative
agent, or any administrative agent appointed by a specific developer,
to be approved by the Borough Council and the Superior Court, setting
forth procedures for administering the affordability controls.
7.
Additional responsibilities:
(a)
The administrative agent shall have the authority to take all
actions necessary and appropriate to carry out its responsibilities
hereunder.
(b)
The administrative agent shall prepare monitoring reports for
submission to the Municipal Housing Liaison in time to meet the Court-approved
monitoring and reporting requirements in accordance with the deadlines
set forth in this section. The Borough's administrative agent will
be responsible for collecting monitoring information from any administrative
agents appointed by specific developers.
(c)
The Borough's administrative agent, or any administrative agent
appointed by a specific developer, shall attend continuing education
sessions on affordability controls, compliance monitoring, and affirmative
marketing at least annually and more often as needed.
u.
Affirmative Marketing Requirements.
1.
The Borough of Manasquan shall adopt by resolution an Affirmative
Marketing Plan that is compliant with N.J.A.C. 5:80-26.15, as may
be amended and supplemented.
2.
The Affirmative Marketing Plan is a regional marketing strategy designed
to attract buyers and/or renters of all majority and minority groups,
regardless of race, creed, color, national origin, ancestry, marital
or familial status, gender, affectional or sexual orientation, disability,
age or number of children to housing units which are being marketed
by a developer, sponsor or owner of affordable housing. The Affirmative
Marketing Plan is 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 marketing activities toward
Housing Region 4 and is required to be followed throughout the period
of restriction.
3.
The Affirmative Marketing Plan shall provide a regional preference
for all households that live and/or work in Housing Region 4, comprised
of Mercer, Monmouth and Ocean Counties.
4.
The Borough has the ultimate responsibility for adopting the Affirmative
Marketing Plan and for the proper administration of the Affirmative
Marketing Program, including initial sales and rentals and resales
and rerentals. The Borough's administrative agent designated by the
Borough of Manasquan, or any administrative agent appointed by a specific
developer, shall implement the Affirmative Marketing Plan to assure
the affirmative marketing of all affordable units.
5.
In implementing the Affirmative Marketing Plan, the Borough's administrative
agent, or any administrative agent appointed by a specific developer,
shall provide a list of counseling services to very-low, low-, and
moderate-income applicants on subjects such as budgeting, credit issues,
mortgage qualification, rental lease requirements, and landlord/tenant
law.
6.
The Affirmative Marketing Plan shall describe the media to be used
in advertising and publicizing the availability of housing. In implementing
the Affirmative Marketing Plan, the Borough's administrative agent,
or any administrative agent appointed by a specific developer, shall
consider the use of language translations where appropriate.
7.
The affirmative marketing process for available affordable units
shall begin at least 120 days prior to the expected date of occupancy.
8.
Applications for affordable housing 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;
and the municipal building in which the units are located; and the
developer's rental office. Applications shall be mailed to prospective
applicants upon request.
9.
The costs of advertising and affirmative marketing of the affordable
units shall be the responsibility of the developer, sponsor or owner.
v.
Enforcement of Affordable Housing Regulations.
1.
Upon the occurrence of a breach of any of the regulations governing
an affordable unit by an owner, developer or tenant, the Borough shall
have all remedies provided at law or equity, including but not limited
to foreclosure, tenant eviction, a requirement for household recertification,
acceleration of all sums due under a mortgage, recoupment of any funds
from a sale in violation of the regulations, injunctive relief to
prevent further violation of the regulations, entry on the premises,
and specific performance.
2.
After providing written notice of a violation to an owner, developer
or tenant of a low- or moderate-income unit and advising the owner,
developer or tenant of the penalties for such violations, the Borough
may take the following action(s) 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 Borough may file a court action pursuant to N.J.S.A. 2A:58-11
alleging a violation or violations of the regulations governing the
affordable housing unit. If the owner, developer or tenant is adjudged
by the Superior Court to have violated any provision of the regulations
governing affordable housing units, the owner, developer or tenant
shall be subject to one or more of the following penalties, at the
discretion of the Court:
(1)
A fine of not more than $2,000 per day or imprisonment for a
period not to exceed 90 days, or both, provided that each and every
day that the violation continues or exists shall be considered a separate
and specific violation of these provisions and not a continuation
of the initial offense;
(2)
In the case of an owner who has rented a very-low, low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment into the Borough of Manasquan Affordable Housing Trust
Fund of the gross amount of rent illegally collected;
(3)
In the case of an owner who has rented a very-low, low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment of an innocent tenant's reasonable relocation costs,
as determined by the Court.
(b)
The Borough may file a court action in the Superior Court seeking
a judgment that would result in the termination of the owner's equity
or other interest in the unit, in the nature of a mortgage foreclosure.
Any such judgment shall be enforceable as if the same were a judgment
of default of the first purchase money mortgage and shall constitute
a lien against the low- or moderate-income unit.
(1)
The judgment shall be enforceable, at the option of the Borough,
by means of an execution sale by the Sheriff, at which time the low-
and moderate-income unit of the violating owner shall be sold at a
sale price which is not less than the amount necessary to fully satisfy
and pay off any first purchase money mortgage and prior liens and
the costs of the enforcement proceedings incurred by the Borough,
including attorney's fees. The violating owner shall have his right
to possession terminated as well as his title conveyed pursuant to
the Sheriff's sale.
(2)
The proceeds of the Sheriff's sale shall first be applied to
satisfy the first purchase money mortgage lien and any prior liens
upon the low- and moderate-income unit. The excess, if any, shall
be applied to reimburse the Borough 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
Borough 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 Borough in connection with collecting
such deficiency. In the event that a surplus remains after satisfying
all of the above, such surplus, if any, shall be placed in escrow
by the Borough 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 Borough 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 Borough. Any interest
accrued or earned on such balance while being held in escrow shall
belong to and shall be paid to the Borough, whether such balance shall
be paid to the owner or forfeited to the Borough.
(3)
Foreclosure by the Borough due to violation of the regulations
governing affordable housing units shall not extinguish the restrictions
of the regulations governing affordable housing units as the same
apply to the very-low, low- and moderate-income unit. Title shall
be conveyed to the purchaser at the Sheriff's sale, subject to the
restrictions and provisions of the regulations governing the affordable
housing unit. The owner determined to be in violation of the provisions
of this plan and from whom title and possession were taken by means
of the Sheriff's sale shall not be entitled to any right of redemption.
(4)
If there are no bidders at the Sheriff's sale, or if insufficient
amounts are bid to satisfy the first purchase money mortgage and any
prior liens, the Borough may acquire title to the very-low, low- and
moderate-income unit by satisfying the first purchase money mortgage
and any prior liens and crediting the violating owner with an amount
equal to the difference between the first purchase money mortgage
and any prior liens and costs of the enforcement proceedings, including
legal fees and the maximum resale price for which the very-low, low-
and moderate-income unit could have been sold under the terms of the
regulations governing affordable housing units. This excess shall
be treated in the same manner as the excess which would have been
realized from an actual sale as previously described.
(5)
Failure of the very-low, low- and moderate-income unit to be
either sold at the Sheriff's sale or acquired by the Borough shall
obligate the owner to accept an offer to purchase from any qualified
purchaser which may be referred to the owner by the Borough, with
such offer to purchase being equal to the maximum resale price of
the very-low, low- and moderate-income unit as permitted by the regulations
governing affordable housing units.
(6)
The owner shall remain fully obligated, responsible and liable
for complying with the terms and restrictions of governing affordable
housing units until such time as title is conveyed from the owner.
w.
Appeals. Appeals from all decisions of an administrative agent appointed
pursuant to this section shall be filed in writing with the Superior
Court.
|
Inclusionary Zoning Provisions (Affordable Housing)
|
[Ord. No. 2202-2016; amended 3-18-2019 by Ord. No. 2283-19]
|
Accessory Apartments (Affordable Housing)
|
a.
This section amends the Borough land use ordinances by establishing
regulations to ensure that any site that benefits from a rezoning,
variance or redevelopment plan approved by the Borough or the Borough
Planning/Zoning Board that results in multifamily residential development
of five dwelling units produces affordable housing at a set-aside
rate of 20%, in accordance with the Borough's Third Round Housing
Element and Fair Share Plan, consistent with the terms of the Settlement
Agreement reached with Fair Share Housing Center regarding compliance
with the Borough's affordable housing obligations. This section will
not apply to the Borough's RM, B-A, BR-1, O and B-3 Zones, as said
zones already have affordable housing set-aside requirements.
a.
If the Borough or the Borough's Planning Board permits the construction
of multifamily or single-family attached residential development that
is "approvable" and "developable," as defined at N.J.A.C. 5:93-1.3,[1] the Borough or the Borough's Planning Board shall require
that an appropriate percentage of the residential units be set aside
for low- and moderate-income households.
[1]
Editor's Note: In accordance with N.J.S.A. 52:14B-5.1b, Chapter
93, Substantive Rules of the New Jersey Council on Affordable Housing
for the Period Beginning June 6, 1994, expired on 10-16-2016.
b.
This requirement shall apply beginning with the effective date the
ordinance creating this section was adopted 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 Borough's Planning Board, or adoption of a redevelopment
plan or amended redevelopment plan in areas in need of redevelopment
or rehabilitation.
c.
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 the ordinance
creating this section was adopted, this requirement shall only apply
if the Borough or the Borough's Planning Board permits an increase
in approvable and developable gross residential density up to twice
the permitted approvable and developable gross residential density
as of the effective date the ordinance creating this section was adopted.
d.
Nothing in this section precludes the Borough or the Borough's Planning
Board 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.
e.
For all inclusionary projects, the appropriate set-aside percentage
will be 20%.
f.
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.
g.
This requirement does not apply to any sites or specific zones otherwise
identified in the Borough's Settlement Agreement with FSHC, which
was executed by the Borough on July 3, 2018, or in the Borough's 2019
Housing Element and Fair Share Plan, for which density and set-aside
standards shall be governed by the specific standards set forth therein.
As such, this section will not apply to the Borough's RM, B-A, BR-1,
O and B-3 Zones, as said zones already have affordable housing set-aside
requirements.
h.
Furthermore, this section shall not apply to developments containing
four or less dwelling units.
i.
All subdivision and site plan approvals of qualifying residential
developments shall be conditioned upon compliance with the provisions
of this section.
j.
Where a developer demolishes existing dwelling units and builds new
dwelling units on the same site, the provisions of this section shall
apply only if the net number of dwelling units is five or more.
[Ord. No. 2203-2016; amended 3-18-2019 by Ord. No. 2284-19]
This section sets forth regulations governing an affordable
accessory apartment program, which is hereby enacted for the purpose
of providing the opportunity to construct affordable housing in the
Borough of Manasquan.
a.
ACCESSORY APARTMENT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A self-contained residential dwelling unit with a kitchen,
sanitary facilities, sleeping quarters, and a private entrance, which
is created within an existing home, or through the conversion of an
existing attached accessory structure on the same site, or by an addition
to an existing home or accessory building.
b.
General provisions.
1.
Accessory apartments shall be permitted in all zones located in the
Borough and shall be subject to the bulk and yard requirements of
the zone in which the unit is located.
2.
There shall be water and sewer infrastructure available to serve
any proposed accessory apartment.
3.
An accessory apartment shall consist of no fewer than two rooms,
one of which shall be a full bathroom, and shall contain a living
space, sleeping space, cooking facilities, a kitchen sink, and complete
sanitary facilities for the exclusive use of its occupants.
4.
Each accessory apartment shall be served by a separate entrance that
provides direct access to the outdoors.
5.
Accessory apartments shall comply with all other applicable statutes
and regulations of the State of New Jersey and shall be constructed
in accordance with all applicable building codes.
6.
Accessory apartments shall be exempt from the required bedroom mix
governing the provision of affordable housing as permitted in N.J.A.C.
5:93-5.9.[1]
[1]
Editor's Note: In accordance with N.J.S.A. 52:14B-5.1b, Chapter
93, Substantive Rules of the New Jersey Council on Affordable Housing
for the Period Beginning June 6, 1994, expired on 10-16-2016.
7.
Each accessory apartment shall be affirmatively marketed to the region
in accordance with N.J.A.C. 5:93-11.1[2] and the Borough's Affirmative Marketing Plan.
[2]
Editor's Note: In accordance with N.J.S.A. 52:14B-5.1b, Chapter
93, Substantive Rules of the New Jersey Council on Affordable Housing
for the Period Beginning June 6, 1994, expired on 10-16-2016.
c.
Affordability.
1.
The Borough shall provide a subsidy for accessory apartment program
of $25,000 for a moderate-income unit, $35,000 for a low-income unit
and $50,000 for a very-low-income unit to subsidize the creation of
each accessory apartment. Such subsidy may be used to fund actual
construction costs or to provide compensation for the reduced rental
rates needed to ensure the affordability of the unit. Prior to the
grant of such subsidy, the property owner shall enter into a written
agreement with the Borough to ensure that: i) the subsidy is used
to create the accessory apartment; and ii) the apartment meets requirements
of this section and all applicable regulations governing accessory
apartments in effect at the time of creation.
2.
Affordability controls shall be established for each accessory apartment
created in accordance with the provisions of this section. Such affordability
controls shall remain in place for a minimum of 10 years and shall
be included in a recorded deed or declaration of covenants and restrictions
applied to the property upon which the accessory apartment is located.
Such deed or declaration of covenants shall run with the land and
limit the subsequent rental or sale of the unit so as to ensure the
continued affordability of the unit until the expiration of affordability
controls.
3.
Accessory apartments shall maintain affordability for either moderate-
or low-income households in accordance with applicable regional income
limits. The maximum rent for accessory apartments, inclusive of the
cost of utilities, shall be affordable to households earning no more
than 60% of area median income. Accessory apartments for very-low-income
households shall be affordable to households earning no more than
50% of area median income. Accessory apartments for very-low-income
households shall be affordable to households earning no more than
30% of area median income. The rents of accessory apartments shall
be based on the number of bedrooms in accordance with N.J.A.C. 5:80-26.4.
4.
The rents of all accessory apartments, inclusive of utilities, created
through the Borough's accessory apartment program shall be distributed
such that the average rents do not exceed 57.5% of median income.
The average affordability of accessory apartments within the Borough
shall be verified and maintained by the Borough's administrative agent.
5.
Accessory apartments may be age-restricted provided that each age-restricted
accessory apartment is applied toward the Borough's age-restricted
cap. Any accessory apartment may be deemed ineligible to be age-restricted
by the Borough if the Borough's age-restricted cap has been met.
d.
Administration.
1.
The Borough of Manasquan shall administer or designate an administrative
entity to administer the Borough's accessory apartment program. The
administration of the accessory apartment program shall include advertising
and affirmatively marketing the accessory apartments, completing income
qualification activities for prospective renters, determining monthly
rents and annual rental increases, maintaining a waiting list, distributing
the subsidy used to create or maintain the affordability of the accessory
apartments, securing certificates of occupancy, qualifying properties
for the appropriateness of accessory apartments, administering the
application process, filing deed restrictions and/or covenants, ensuring
the average affordability of the Borough's accessory apartment program,
and preparing and filing monitoring reports as required.
2.
The Borough shall only deny an application for an accessory apartment
if the project does not conform to applicable state affordable housing
provisions, the Borough's development ordinance, or this section.
All application denials shall be in writing and shall clearly state
the reason(s) for denial.
e.
Application submission requirements.
1.
Applicants seeking to create an accessory apartment shall submit
the following to the Borough:
(a)
A site plan prepared in accordance with the requirements of § 35-20 of the Borough Zoning Ordinance, except that the applicant may request a waiver of information pursuant to § 35-20.4, Waiver of Information, of the Borough Zoning Ordinance. Such request for waiver shall be made in writing and shall be submitted with a sketch site plan in lieu of a full site plan. The Borough Engineer shall evaluate the applicant's submission package and shall advise the applicant in writing whether the applicant's submission is sufficient or whether any additional information is required to evaluate the applicant's proposal.
(b)
Floor plan(s) showing the location and size of the proposed
accessory apartment and the relationship of the unit to the primary
dwelling(s) within the building or located in another structure on
the same property.
(c)
Architectural elevations depicting all modifications to the
exterior building facade(s).
[Ord. No. 2179-15 § 35-38.1; Ord. No. 2184-15]
a.
The purpose of these regulations for the siting of telecommunications
towers and antennas is to:
1.
Protect residential areas and land uses from potential adverse impacts
of towers and antennas;
2.
Encourage the location of towers in appropriate locations;
3.
Minimize the total number of towers throughout the Borough;
4.
Strongly encourage the joint use of approved tower facilities as
a primary option rather than construction of new or additional single-use
towers;
5.
Encourage users of towers and antennas to locate them, to the extent
possible, in areas where the adverse impacts on the community is minimal;
6.
Encourage users of towers and antennas to configure them in a way
that minimizes the adverse visual impact of the towers and antennas
through careful design, siting, landscape screening, and innovative
camouflaging techniques;
7.
Enhance the ability of the providers of telecommunications services
to provide such services to the community quickly, effectively, and
efficiently;
8.
Consider the public health and safety of communication towers; and
9.
Avoid potential damage to adjacent properties from tower failure
through engineering and careful siting of tower structures. In furtherance
of these goals, the Borough of Manasquan shall give due consideration
to the Borough Master Plan, Zoning Map, existing land uses, and environmentally
sensitive areas in approving sites for the location of towers and
antennas.
[Ord. No. 2179-15 § 35-38.2; Ord. No. 2184-15]
The provisions of this section shall not govern any antenna
that is owned and operated by a Federally licensed amateur radio station
operator or is used exclusively as a receive-only antenna in accordance
with Federal Communications Commission (FCC) regulations.
[Ord. No. 2179-15 § 35-38.3; Ord. No. 2184-15]
Telecommunications towers and antennas that are located on property
owned, leased or otherwise controlled by the Borough of Manasquan
and that are approved by the Mayor and Borough Council shall be deemed
to be a permitted use as a municipal facility in any zone district
and will not require site plan approval.
[Ord. No. 2179-15 § 35-38.4; Ord. No. 2184-15]
a.
Telecommunications towers may be allowed as a conditional use within
the B-3 General Business Zone East of Parker Avenue in Blocks 52,
53, 54, 55 and 56 and in a northerly direction from Stockton Lake
Boulevard to Sea Girt Avenue on property that is not owned, leased,
or otherwise controlled by the Borough of Manasquan, subject to the
minimum standards of the zone district and the standards, regulations
and requirements set forth in this section. Site plan approval shall
be required prior to the installation of telecommunications towers
on non-Borough property.[1]
[1]
Editor's Note: The map referred to herein may be found in
the Borough offices.
b.
Telecommunications towers shall only be permitted on non-Borough
property where the municipal approving authority has determined the
following:
1.
There is substantial evidence that there is a significant telecommunications
gap in the Borough that the proposed facility will correct.
2.
There is no Borough-owned property available and no telecommunications
towers on Borough-owned property available where a proposed facility
could locate or collocate that would correct the telecommunications
gap.
3.
There are no non-Borough wireless telecommunications towers or transmission
facilities available on which the proposed facility could locate or
collocate that would correct the telecommunications gap.
4.
There is no residential use, school use, or health-care use on the
lot on which the proposed facility is to be located and that the existing
use and structure does not preclude the installation of a tower and
antenna on the same lot.
5.
The application for the proposed facility is the joint application
of two or more telecommunications carriers, licensed to provide service
within the area, and that the application provides for the collocation
of two or more carriers at the site.
6.
The dimensions of the entire lot on which the facility is located
are used for the purpose of determining whether the installation of
a tower complies with zone district development regulations, including
but not limited to setback, lot coverage, and other such requirements.
The dimensions of the entire lot shall control, even though the tower
may be located on a leased parcel within such lot.
7.
A plan is submitted for the periodic testing of the facility to ensure
ongoing compliance with applicable Federal and/or State standards,
the plan is subject to the review and approval of the Planning Board.
c.
Telecommunications towers shall only be permitted on non-Borough
property where the municipal approving authority has determined the
following:
1.
There is no Borough-owned property available and no telecommunications
antennas on Borough-owned property available where a proposed facility
could locate or collocate that would correct the telecommunications
gap.
2.
There are no non-Borough wireless telecommunications antennas available
on which the proposed facility could locate or collocate that would
correct the telecommunications gap.
3.
There is no residential use, school use, or health-care use on the
lot on which the proposed facility is to be located and that the existing
use and structure does not preclude the installation of a tower and
antenna on the same lot.
4.
The dimensions of the entire lot on which the facility is located
are used for the purpose of determining whether the installation of
a tower complies with zone district development regulations, including
but not limited to setback, lot coverage, and other such requirements.
The dimensions of the entire lot shall control, even though the tower
may be located on a leased parcel within such lot.
5.
A plan is submitted for the periodic testing of the facility to ensure
ongoing compliance with applicable Federal and/or State standards,
the plan is subject to the review and approval of the Planning Board.
d.
Each applicant for a tower and antenna shall provide to the Planning
Board, as part of its application, an inventory of its existing towers,
antennas, or sites approved for towers and antennas, that are either
within the jurisdiction of the Borough or within two miles of the
border thereof, including specific information about the location,
height, and design of each tower. The Borough may share such information
with other applicants applying for approvals under this section or
other organizations seeking to locate towers or antennas within the
jurisdiction of the Borough; provided, however, that the Borough is
not, by sharing such information, in any way representing or warranting
that such sites are available or suitable.
e.
Telecommunications towers and antennas shall meet the following aesthetic
requirements:
1.
Towers shall either maintain a finish or be painted a color approved
by the Planning Board, so as to reduce visual obtrusiveness, subject
to any applicable standards of the FAA.
2.
At a tower site, the design of the buildings and related structures
shall, to the extent possible, use materials, colors, textures, screening,
and landscaping that will blend them into the natural setting and
surrounding buildings.
3.
If an antenna is installed on a structure other than a tower, the
antenna and supporting electrical and mechanical equipment must be
of a neutral color that is identical to or closely compatible with
the color of the supporting structure so as to make the antenna and
related equipment as visually unobtrusive as possible.
4.
Towers shall not be artificially lighted unless required by the FAA
or other applicable authority. If lighting is required, the lighting
alternatives and design chosen must cause the least disturbance to
the surrounding views.
5.
All towers must meet or exceed current standards and regulations
of the FAA, the FCC, and any other agency of the State or Federal
government with the authority to regulate towers and antennas. If
such standards and regulations are changed, then the owners of the
towers and antennas governed by this section shall bring such towers
and antennas into compliance with such revised standards and regulations
within six months of the effective date of such standards and regulations,
unless a different compliance schedule is mandated by the controlling
State or Federal agency. Failure to bring towers and antennas into
compliance with such revised standards and regulations shall constitute
grounds for the removal of the tower or antenna at the owner's expense.
6.
To ensure the structural integrity of towers, the owner of a tower
shall ensure that it is maintained in compliance with standards contained
in applicable State or local building codes and the applicable standards
for towers that are published by the Electronic Industries Association,
as amended from time to time. If, upon inspection, the Borough concludes
that a tower fails to comply with such codes and standards and constitutes
a danger to persons or property, then, upon notice being provided
to the owner of the tower, the owner shall have 30 days to bring such
tower into compliance with such standards. Failure to bring such tower
into compliance within said 30 days shall constitute grounds for the
removal of the tower or antenna at the owner's expense.
7.
For purposes of measurement, tower setbacks and separation distances
shall be calculated and applied to facilities located in the Borough
irrespective of municipal and County jurisdictional boundaries.
8.
Owners and/or operators of towers or antennas shall certify that
all franchises required by law for the construction and/or operation
of a wireless communication system in the Borough have been obtained
and shall file a copy of all required franchises with the Borough.
9.
No signs shall be allowed on an antenna or tower.
10.
Buildings and support equipment associated with antennas or towers
shall comply with the requirements as set forth herein.
11.
The tower, including antennas, shall be a maximum height of 150 feet
above the ground level at the base of the tower and usage criteria.
The applicant shall submit structural design calculations certified
by a licensed New Jersey professional engineer that the tower can
structurally accommodate the number of shared users proposed by the
applicant.
f.
Applicants for approval for a telecommunications tower shall submit,
in addition to any information required for applications for site
plan review, the following:
1.
A location plan drawn to scale and clearly indicating the location,
type and height of the proposed tower, on-site land uses and zoning,
adjacent land uses and zoning (including when adjacent to other municipalities),
Master Plan classification of the site and all properties within the
applicable separation distances, set forth herein, adjacent roadways,
proposed means of access, setbacks from property lines, elevation
drawings of the proposed tower and any other structures, topography,
and parking.
2.
A survey and legal description of the parent tract and leased parcel
(if applicable).
3.
The setback distance between the proposed tower and the nearest residential
unit, and residentially zoned properties.
4.
The separation distance from other towers described in the inventory
of existing sites submitted shall be shown on an updated site plan
or map. The applicant shall also identify the type of construction
of the existing tower(s) and the owner/operator of the existing tower(s),
if known.
5.
A landscape plan showing specific landscape materials.
6.
Method of fencing and finished color and, if applicable, the method
of camouflage and illumination.
7.
A description of compliance with all of the sections herein and all
applicable Federal, State or local laws.
8.
A statement by the applicant as to the number of users construction
of the tower will accommodate for collocation.
9.
Identification of the entities providing the back haul network for
the tower(s) described in the application and other telecommunication
service sites owned or operated by the applicant in the Borough.
10.
A description of the suitability of the use of existing towers, other
structures or alternative technology not requiring the use of towers
or structures to provide the services to be provided through the use
of the proposed tower.
11.
A description of the feasible location(s) of future towers or antennas
within the Borough based upon existing physical, engineering, technological
or geographical limitations in the event the proposed tower is erected.
g.
Pursuant to this section, the Planning Board shall, in addition to
any standards for consideration of site plans, consider the following
factors in the conditional use application:
1.
Availability of suitable existing towers, other structures or alternative
technologies not requiring the use of towers or structures, as discussed
herein.
2.
Height of the proposed tower.
3.
Proximity of the tower to residential structures and residential
district boundaries.
4.
Nature of uses on adjacent and nearby properties.
5.
Surrounding topography.
6.
Surrounding tree coverage and foliage.
7.
Design of the tower, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness.
8.
Proposed ingress and egress to the site.
h.
No new tower shall be permitted unless the applicant demonstrates
to the reasonable satisfaction of the Planning Board that no existing
tower, structure or alternative technology that does not require the
use of towers or structures can accommodate the applicant's proposed
antenna. An applicant shall submit information requested by the municipal
agency related to the availability of suitable existing towers, other
structures or alternative technology. Evidence submitted to demonstrate
that no existing tower structure or alternative technology can accommodate
the applicant's proposed antenna may consist of any of the following:
1.
No existing towers or structures are located within the geographic
area which meet the applicant's engineering requirements.
2.
Existing towers or structures are not of sufficient height to meet
the applicant's engineering requirements.
3.
Existing towers or structures do not have sufficient structural strength
to support the applicant's proposed antenna and related equipment.
4.
The applicant's proposed antenna would cause electromagnetic interference
with the antenna on the existing towers or structures, or the antenna
on the existing towers or structures would cause interference with
the applicant's proposed antenna.
5.
The fees, costs or contractual provisions required by the owner in
order to share an existing tower or structure or to adapt an existing
tower or structure for sharing are unreasonable. Costs not exceeding
new tower development are presumed to be reasonable.
6.
The applicant demonstrates that there are other limiting factors
that render existing towers and structures unsuitable.
7.
The applicant demonstrates that an alternative technology that does
not require the use of towers or structures, such as a cable microcell
network using multiple low-powered transmitters/receivers attached
to a wire line system, is unsuitable. Costs of alternative technology
that exceed new tower or antenna development shall not be presumed
to render the technology unsuitable.
i.
The following minimum setback requirements shall apply to all telecommunications
towers for which site plan approval is required:
1.
Towers must be set back a distance equal to at least 100% of the
height of the tower from any adjoining lot line, but in no event shall
the tower be located in the minimum required yard area or buffer area
of the zone district.
2.
Guys and accessory buildings and structures must satisfy the minimum
zoning district setback and buffer requirements.
3.
Separation from off-site uses/designated areas:
(a)
Tower separation shall be measured from the base of the tower
to the lot line of the off-site uses and/or designated areas as specified
in paragraph i3(b) below, except as otherwise provided.
(b)
Towers shall maintain a separation distance of 100 feet or 100%
of the tower height; whichever is greater, from residential dwelling
units.
4.
Separation distances between towers shall be applicable for and measured
between the proposed tower and preexisting towers or other proposed
towers. The separation distances shall be measured by drawing or following
a straight line between the base of the existing tower and the proposed
base, pursuant to a site plan, of the proposed tower. The separation
distances (listed in linear feet) shall be as shown below in the Table
of Required Separation Distances Between Towers.
|
Table of Required Separation Distances Between Towers
| ||||
|---|---|---|---|---|
|
Lattice
|
Guyed
|
Monopole 75 Feet in Height or Greater
|
Monopole Less Than 75 Feet in Height
| |
|
Lattice
|
5,000
|
5,000
|
1,500
|
750
|
|
Guyed
|
5,000
|
5,000
|
1,500
|
750
|
|
Monopole 75 feet in height or greater
|
1,500
|
1,500
|
1,500
|
750
|
|
Monopole less than 75 feet in height
|
750
|
750
|
750
|
750
|
j.
Towers shall be enclosed by security fencing not less than six feet
in height and shall also be equipped with an appropriate anticlimbing
device; provided, however, that the municipal agency may waive such
requirements, as it deems appropriate.
k.
The following requirements shall govern the landscaping surrounding
towers for which site plan approval is required; provided, however,
that the municipal agency may waive such requirements if the goals
of this chapter would be better served thereby:
1.
Tower facilities shall be landscaped with a buffer of plant materials
that effectively screens the view of the tower compound from property
used for residences.
2.
In locations where the visual impact of the tower would be minimal,
the landscaping requirement may be reduced.
3.
Existing mature tree growth and natural landforms on the site shall
be preserved to the maximum extent possible. In some cases, such as
towers sited on large, wooded lots, natural growth around the property
perimeter may be sufficient buffer.
l.
In approving the tower, the Planning Board may impose conditions,
including the use of an alternative tower structure, to the extent
the municipal agency concludes such conditions are necessary to minimize
any adverse effect of the proposed tower on adjoining properties or
the neighborhood in which it is located.
m.
Buildings or other equipment storage structures shall comply with
the following:
1.
Antennas mounted on buildings or existing elevated structures shall
not extend more than 30 feet above the highest point of the building's
roof or above the highest point of the structure. The equipment cabinet
or structure used in association with antennas shall comply with the
following.
2.
The cabinet or structure shall not contain more than 200 square feet
of gross floor area or be more than 10 feet in height. In addition,
for buildings and structures that are less than 65 feet in height,
the related unmanned equipment structure, if over 200 square feet
of gross floor area or 10 feet in height, shall be located on the
ground and shall not be located on the roof of the structure.
3.
If the equipment structure is located on the roof of a building,
the area of the equipment structure and other equipment and structures
shall not occupy more than 10% of the roof area.
4.
Equipment storage buildings or cabinets shall comply with all applicable
building codes.
n.
Antennas shall not be located on tower utility poles or light poles
within a Borough street or right-of-way unless such facilities are
approved by the Borough Council. Antennas proposed on towers, utility
poles, or light poles within a street or right-of-way not owned by
the Borough shall require approval as a conditional use. The related
unmanned equipment structure shall not contain more than 200 square
feet of gross floor area or be more than 10 feet in height, requirements
of the zoning district in which located, and shall be screened from
view of all residential properties.
o.
Any tower or antenna that is not operated for a continuous period
of 12 months shall be considered abandoned, and the owner of such
antenna or tower shall remove the same within 90 days of receipt of
notice from the Borough of Manasquan notifying the owner of such abandonment.
Failure to remove an abandoned antenna or tower within said 90 days
shall be grounds to remove the tower or antenna at the owner's expense.
If there are two or more users of a single tower, then this provision
shall not become effective until all users cease using the tower.
