[Editor's Note: See also Chapter 11, Building and Construction, for the Uniform Construction Code fees; and utility installation requirements.]
Attachment 1 - Permitted Uses Residential Districts
Attachment 2 - Permitted Uses Nonresidential DistrictsAttachment 3 - Area Yard and Building RequirementsAttachment 4 - Signs Master MatrixAttachment 5 - Land Development Application ChecklistAttachment 6 - Zoning MapAttachment 7 - Table AH Permitted Uses Affordable Housing DistrictsAttachment 8 - Table AHO Permitted Uses Affordable Housing Overlay Districts
Attachment 2 - Permitted Uses Nonresidential DistrictsAttachment 3 - Area Yard and Building RequirementsAttachment 4 - Signs Master MatrixAttachment 5 - Land Development Application ChecklistAttachment 6 - Zoning MapAttachment 7 - Table AH Permitted Uses Affordable Housing DistrictsAttachment 8 - Table AHO Permitted Uses Affordable Housing Overlay Districts
[2002 Code § 16.04.010]
This chapter shall be known and may be cited as the Land Use
and Development Regulations of the Borough of Fair Haven.
[2002 Code § 16.04.020]
The purpose of this chapter is to exercise the authority delegated
to municipalities under N.J.S.A. 40:55D-1 et seq. to regulate development
and to promote good planning practice. The chapter's intent is:
a.
To guide the appropriate use or development of all lands in the Borough,
in a manner which will promote the public health, safety, morals and
general welfare;
b.
To secure safety from fire, flood, panic and other natural and man-made
disasters;
c.
To provide adequate light, air and open space;
d.
To ensure that the development of the Borough does not conflict with
the development and general welfare of neighboring municipalities,
the County and the State as a whole;
e.
To promote the establishment of appropriate population densities
and concentrations that will contribute to the well-being of persons,
neighborhoods, communities and regions and preservation of the environment.
f.
To encourage the appropriate and efficient expenditure of public
funds by the coordination of public development with land use policies;
g.
To provide sufficient space in appropriate locations for a variety
of residential, recreational, commercial uses and open space, both
public and private, according to their respective environmental requirements
in order to meet the needs of all New Jersey citizens;
h.
To encourage the location and design of transportation routes which
will promote the free flow of traffic while discouraging location
of such facilities and routes which result in congestion or blight;
i.
To promote a desirable visual environment through creative development
techniques and good civic design and arrangements;
j.
To promote the conservation of historic sites and districts, open
space, energy resources and valuable natural resources and to prevent
urban sprawl and degradation of the environment through improper use
of land;
k.
To encourage 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;
l.
To promote utilization of renewable energy sources; and
m.
To promote the maximum practicable recovery and recycling of recyclable
materials from municipal solid waste.
[2002 Code § 16.04.030]
The requirements and standards of the development regulations
of the Borough shall apply to all land development applications within
the Borough except that, with respect to development applications
for residential subdivision or residential site plan approval, the
residential site improvement standards of Article 3, Chapter 21 of
the New Jersey Administrative Code shall govern, but only with respect
to the particular standards or particular requirements, which are
operative and have been validly adopted by the New Jersey Commissioner
of Community Affairs, pursuant to N.J.S.A. 40:55D-40.1 et seq. If
with respect to a particular standard or matter, no Statewide standard
has been validly adopted by the Commissioner of Community Affairs,
the requirements and standards of the development regulations of the
Borough shall govern in such respect. In the event of future amendments
of the residential site improvements of the Residential Site Improvement
Act, N.J.S.A. 40:55D-40.1, then only those specific sections of the
development regulations of the Borough which are covered by the Act
shall be superseded by the Statewide residential site improvement
standards then in effect, and all other standards of the development
regulations of the Borough shall be applicable to all land development
applications in every case.
[2002 Code § 16.08.010]
Unless otherwise expressly stated, the terms in this section
shall, for the purposes of this chapter, have the meaning herein indicated.
[2002 Code § 16.08.020]
Wherever a term is defined in N.J.S.A. 40:55D-1 et seq., the
Municipal Land Use Law, and/or in N.J.S.A. 52:27D-119 et seq., the
Uniform Construction Code, and used in this section, such term is
intended to include and have the meaning set forth in the definition
of such term found in the statute and Code in addition to the definition
for such term which may be included in this section, unless the context
clearly indicates a different meaning.
[2002 Code § 16.04.030]
For the purpose of this chapter, certain terms or words used
herein shall be interpreted or defined as follows:
Words used in the present tense include the future; the singular
number includes the plural and the plural, the singular; the word
"lot" includes the word "plot;" the word "zone" includes the word
"district" the word "occupied" includes the phase "intended to be
occupied;" the word "shall" is mandatory and not directory; the word
"may" indicates a permissive action; the word "abut" shall include
the words "directly across from," "adjacent" and "next to;" and the
word "used" shall include "arranged," "designed," "constructed," "altered,"
"converted," "rented," "leased" or "intended to be used;" the term
"such as," where used herein, shall be considered as introducing typical
or illustrative, rather than an entirely exclusive or inclusive, designation
of, permitted or prohibited uses, activities, establishments or structures.
Words or word groups which are not defined below shall have
the meaning set forth in the Municipal Land Use Law or the Uniform
Construction Code or as given in Webster's Unabridged Dictionary.
[2002 Code § 16-08-040; Ord. No.
488 § 1, 2004; Ord. No.
489, 2004; Ord. No. 2009-25 § II; Ord. No. 2010-32; Ord. No. 2014-15; Ord. No. 2017-02; amended 8-16-2021 by Ord. No. 2021-09; 10-11-2022 by Ord. No. 2022-15; 4-17-2023 by Ord. No. 2023-02]
Certain words, phrases, and terms in this chapter are defined
for the purpose herein as follow:
A subordinate building, structure or use, the purpose of
which is incidental to that of a main building, structure or use on
the same lot.
An extension or increase in building size, floor area or
height.
The Construction Official in matters involving the administration
of the construction code; the Zoning Officer in matters involving
the administration of the zone code; The Municipal Code Enforcement
Officer in all matters involving the enforcement of local, County
and State ordinances, regulations, and statutes, inclusive of zoning
and construction enforcement and the Municipal Clerk of the Borough
in all other matters unless a different municipal official or officials
are designated by ordinance or statute.
The average number of cars per day that pass over a given
point.
An establishment devoted to safe, rental, or distribution
of pornographic books, magazines, pamphlets, photographs, motion pictures,
phonograph records and video and audio tapes devoted to the presentation
and exploitation of illicit sex, lust, passion, depravity, violence,
brutality, nudity, immorality, and other obscene subjects, etc., used
in connection with the aforementioned purposes.
Soils which may be corrosive to case iron and ductile iron
pipe. These soils represent approximately 5% of the soils found within
the United States and include dump areas, swamps, marshes, alkaline
soils, cinder beds, polluted river bottoms, etc., which are considered
to be potentially corrosive.
The traveled way by which cars enter and depart parking spaces.
A public or private street primarily designed to serve as
secondary access to the side or rear of those properties whose principal
frontage is on some other street.
As applied to a building or structure, a change or rearrangement
in the structural supports; or a change in the exterior appearance;
or a change in height, width or depth; or moving a building or structure
from one location or position to another, or changing, adding to or
removing from or otherwise affecting the exterior appearance of a
building or structure.
Any place of business containing more than three amusement
devices.
Any machine, contrivance, or device, which, upon the insertion
of a coin, slug, token, plate, disc or key into a slot, crevice, or
other openings, or by the payment of any price, is operated or may
be operated by the public generally for use as a game, entertainment,
or amusement, whether or not registering a score, and shall include,
but not be limited to such devices as "Pac-Man" or other types of
electronically operated game devices, skillball, mechanical games
operations or transactions similar thereto, by whatever name they
may be called and shall not include pool or billiard tables.
A dwelling unit in a multifamily building.
A developer submitting an application for development or
for a permit required in accordance with this chapter.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 45:55D-36.
A permanent access conveyance, either fixed or mechanically
operated that allows for the uninterrupted ingress and egress from
or to a space within a structure. Manual pull down stairs or openings
requiring the placement of a ladder device for access are not considered
an approved stairway.
The Municipal Planning Board unless a different agency is
designated by ordinance when acting pursuant to the authority of N.J.S.A.
40:55D-1 et seq.
A building or portion thereof, in which sculpture, paintings,
or other artistic work is displayed or sold.
The American Society of Civil Engineers.
The American Society for Testing Materials.
A sign posted, painted or constructed, attached to the wall,
roof, facade, canopy, or porch of any structure; provided the sign
does not extend above the highest point of the roof.
A floor of a building that is immediately below and wholly
or partly within the roof framing. An attic shall not include a kitchen,
bedroom or bathroom unless authorized by applicable codes. For clarification,
no portion of the first floor or structure adjoining and/or potentially
accessible to the second floor, will be considered an Attic and will
count as Floor Area.
An Attic shall be counted as a Half Story, and the area of
the floor not counted as Floor Area, if it satisfies either of the
following conditions:
It has no Approved Stairway as a means of access and egress
(i.e. it is accessed only by a ladder or pull down stairway); or
It has an Approved Stairway as a means of access and egress,
and the ceiling area at a minimum height of seven (7) feet above the
attic floor (measured from the attic floor to the bottom of the roof
rafters) is equal to, or less than, one-third (1/3) of the area of
the entirety of the next floor below.
|
An Attic shall be counted as a Story, and the area of the floor
counted as Floor Area, if it has an Approved Stairway as a means of
access and egress, and the ceiling area at a minimum height of seven
(7) feet above the attic floor (measured from the attic floor to the
bottom of the roof rafters) is greater than 1/3 the area of the entirety
of the next floor below.
[Amended 4-17-2023 by Ord. No. 2023-02] |
[Ord. No. 2017-02; repealed 4-17-2023 by Ord. No. 2023-02]
Any premises on which are held at periodic times, auction
sales of merchandise or any other personal property.
The same as "motor vehicle repair garage."
A place of business where the primary purpose is the sale
of new motor vehicles, having a building with either showrooms, office
space, repair and/or maintenance facilities with or without outside
sales on the same business premises or immediately adjacent thereto.
The same as "motor vehicle service station."
The same as "motor vehicle repair garage."
A structure made of cloth, metal, or other material affixed
to a building with a minimum vertical clearance of eight feet from
the ground.
The American Water Works Association.
A sign intended to be hung either with or without a frame,
possessing characters, letters, illustrations, or ornamentation applied
to plastic, or fabric of any kind excluding flags, emblems, and insignia
or political, professional, religious, education, or corporate organizations.
A steep-faced curb intended to prevent encroachments.
Unless defined as a Crawl Space as set forth hereinbelow,
any space partly underground where the Finished Floor Elevation (FFE)
is greater than thirty inches (30”). A Basement shall be counted
as a Half Story.
[Amended 4-17-2023 by Ord. No. 2023-02]
A room or portion of a structure with a principal function
of serving as sleeping quarters.
A type of paving stone generally cut in a truncated, pyramidal
shape, laid with the base of the pyramid down.
A mound of soil, either natural or man-made, used as a view
obstruction.
A road designed to accommodate the shared use of the roadway
by bicycles and motor vehicles.
A lane at the edge of a roadway reserved and marked for the
exclusive use of bicycles.
A pathway usually separated from the roadway, designed specifically
to satisfy the physical requirements of bicycling.
A pathway designed to be used by bikers.
A structure utilized for advertising an establishment, an
activity, a product, a service or entertainment, which is sold, produced,
manufactured, available or furnished at a place other than on the
property on which the sign is located.
The length of a street between two street intersections.
An outlet in a pipe through which water or sediment can be
discharged.
The Board established pursuant to N.J.S.A. 40:55D-69 and
this chapter. The term "Board of Adjustment, as used in this chapter
also means the Planning Board when it is acting pursuant to N.J.S.A.
40:55D-60.
The licensed New Jersey Professional Engineer specifically
retained by the Board of Adjustment (or assigned by the Municipal
Engineer with the consent of the Board) to render engineering services
and advice to the Board. In the absence of the specific appointment
of the Borough of Adjustment Engineer, the Municipal Engineer may
assume the duties of the office.
Any dwelling for hire in which more than two persons are
housed or lodged, with or without meals. This definition notwithstanding,
a certificate of occupancy is required for any dwelling for hire.
Any waterfront facility where docking accommodation and/or
land-dry-storage accommodations for any watercraft, such as power
boats, sailboats or row boats, are offered on a rental basis and where
facilities for the building, rebuilding and general repair of boats
and marine equipment are provided. A boatyard shall be deemed to include
all auxiliary and accessory services as chandlery, gasoline sales
and rental business activities related to the primary use.
An area within a property or site, generally adjacent to
and parallel with the property line, either consisting of natural
existing vegetation or created by the use of trees, shrubs, fences
and/or berms, designed to continuously limit view of and/or sound
from the site to adjacent sites or properties.
The central portion of any lot between required yards and/or
setback lines.
A combination of materials to form a construction, having
a roof and adapted to permanent, temporary, or continuous occupancy.
The total of areas determined from outside dimensions on
a horizontal plane at ground level of principal and accessory buildings,
exclusive of unroofed porches, terraces, stoops or steps having vertical
faces, which at all points are less than three feet above the level
of the ground. A pergola, awning, or similar structure having more
than a minimal area and which has the effect of a roof structure shall
be considered a roof for the purpose of calculating building area.
The area of a tract covered by buildings and roofed areas.
Building coverage is expressed as a percentage of the total tract
area.
The vertical distance measured to the highest point of the
building from the Average Existing Grade, or from any proposed grade
shown on a site plan, subdivision plan, or other plan approved by
the appropriate Municipal Agency (Planning Board or the Board of Adjustment).
The vertical distance shall be the average measured along the perimeter
of the building, measured at a minimum of four corners of the structure.
[Amended 4-17-2023 by Ord. No. 2023-02]
The line beyond which a building shall not extend unless
otherwise provided in this chapter.
A permit used for the alteration or erection of a building
or structure in accordance with the provisions of the Uniform Construction
Code.
A structure in which is conducted the principal use of the
site on which it is situated. In any district, any dwelling shall
be deemed to be a principal building on the lot on which it is located.
The stockpiling or warehousing of materials, which may or
may not be enclosed within a structure, including, but not limited
to, sand, gravel, dirt, asphalt, lumber, pipes, plumbing supplies,
metal, concrete and insulation.
A structure separating land and water areas, primarily designed
to resist earth pressures.
A business establishment which does not offer a product or
merchandise for sale to the public, but offers or provides a service,
primarily administrative, personal, or clerical in nature. Business
offices are all those offices which are not professional offices and
include but are not limited to the following:
Insurance companies;
Trade associations;
Real estate companies;
Investment brokerage houses;
Banks and trust companies;
Advertising or public relations agencies;
Computer and data processing;
Management and consulting services;
Adjustment and collecting services;
Consumer credit reporting agencies.
A cable television company as defined pursuant to N.J.S.A.
48.5A-3.
The diameter of a tree trunk measured in inches, six inches
above ground level for trees up to four inches in diameter and measured
12 inches above ground level for trees over four inches in diameter.
Any licensed person or entity that grows, cultivates, or
produces cannabis in this State, and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers.
[Added 8-16-2021 by Ord.
No. 2021-09]
Any licensed person or entity providing courier services
for consumer purchases that are fulfilled by a licensed cannabis retailer
in order to make deliveries of the purchase items to a consumer, and
which service would include the ability of a consumer to make a purchase
directly through the cannabis delivery service which would be presented
by the delivery service for fulfillment by a retailer and then delivered
to a consumer.
[Added 8-16-2021 by Ord.
No. 2021-09]
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities.
[Added 8-16-2021 by Ord.
No. 2021-09]
Any licensed person or entity that processes cannabis items
in this State by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
[Added 8-16-2021 by Ord.
No. 2021-09]
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers.
[Added 8-16-2021 by Ord.
No. 2021-09]
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers.
[Added 8-16-2021 by Ord.
No. 2021-09]
A governmental acquisition of real property or major construction
project.
A proposed schedule of all future projects listed in order
of construction priority together with cost estimates and the anticipated
means of financing each project.
A completed water supply and/or sewerage system put in place
for future use (contingent upon expansion), rather than to meet immediate
development needs.
A facility for the washing and cleaning of automobiles and
other motor vehicles using production line methods with a conveyor,
blower and other mechanical devices and/or providing space, material
and equipment to individuals for self-service washing and cleaning
of automobiles.
A covering or roof to allow the parking of automobiles underneath.
With the exception of supports, the carport shall have no sides unless
such sides are the exterior wall of an adjacent building.
The actual road surface area from curbline to curbline, which
may include travel lanes, parking lanes, and deceleration and acceleration
lanes. Where there are not curbs, the cartway is that portion between
the edges of the paved, or hard surface, width.
Unless defined as a Crawl Space as set forth hereinbelow,
any space partly underground where the Finished Floor Elevation (FFE)
is thirty inches (30”) or less. A Cellar shall not be counted
as a Story or Half Story.
[Amended 4-17-2023 by Ord. No. 2023-02]
The gap between the center line of roads adjoining a common
road from opposite or same sides.
A certificate issued by the Administrative Officer after
all required submissions have been made in proper form, certifying
that an application for development is complete.
A document issued by the Zoning Officer for a nonconforming
use or structure existing at the time of passage of the zoning ordinance
or any amendment thereto which pursuant to N.J.S.A. 40:55D-68, may
be continued upon the lot or in the building so occupied. Such certificate
may be obtained at the owner's request upon any change of ownership
for nonconforming use, structure or lot.
A certificate issued upon completion of construction and/or
alteration of any building; or change in use of any building; or change
in occupancy of a nonresidential building. This certificate shall
acknowledge compliance with all requirements of this chapter, such
adjustments thereto granted by the Board of Adjustment or Planning
Board and/or all other applicable requirements.
Any increase in the number of dwelling units in a structure
which would result in three or more total units;
Any change from a residential use to any nonresidential use;
Any change from one nonresidential use to another nonresidential
use (excluding changes in tenancy, occupancy or ownership where the
use is the same).
A watercourse with a definite bed and banks which confined
and conduct continuously or intermittently flowing water.
The straightening and deepening of channels and/or the surfacing
thereof to permit water to move rapidly and/or directly.
A child care center as permitted pursuant to N.J.S.A. 40:55D-66.6.
See "place of worship."
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highway, railways, waterways, towers, airways, pipes and conduits,
and the handling of people and goods by such means as terminals, stations,
warehouses, and other storage buildings or transshipment points.
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 a public tavern, cafe or other public place.
A permit issued for specific development within the coastal
area of New Jersey in accordance with N.J.S.A. 13:19 et seq. and in
accordance with rules and regulations promulgated thereunder.
The coastal wetlands designated by the New Jersey Wetlands
Act of 1970.
A roadway which channels traffic from local streets into
the arterial road system.
The same as "parking area, public." Also see "garage, public"
and "vertical parking garage."
A line within a tract or lot which designates the extent
of a proposed development or improvements, separate developments within
a single tract, or separate stages of development within the tract.
Proposed improvements within a tract or site plan shall be shown for
the entire tract, on both sides of any common development line.
A lateral serving more than one unit.
An open space area within or related to a site designated
as a development, and designed and intended for the use or enjoyment
of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
Any community residential facility housing up to 16 developmentally
disabled persons which provides food, shelter, and personal guidance
for developmentally disabled persons who require assistance, temporarily
or permanently, in order to live independently in the community. Such
residences shall not be considered health care facilities within the
meaning of the Health Care Facilities Planning Act, N.J.S.A. 26:2H-1
et seq., and shall include, but not be limited to, group homes, halfway
houses, supervised apartment living arrangements and hotels.
An application for development which complies in all respects
with the appropriate submission requirements set forth in this chapter,
including an application form completed as specified by this chapter
and the rules and regulations of the Municipal Agency, and all accompanying
documents required by ordinance for approval of the application for
development, including where applicable, but not limited to, a site
plan or subdivision plat; provided that the Municipal Agency may require
such additional information not specified in this chapter, or any
revisions in the accompanying documents, as area reasonably necessary
to make an informed decision as to whether the requirements necessary
for approval of the application for development have been met. The
application shall not be deemed incomplete for lack of any such additional
information or any revisions in the accompanying documents so required
by the Municipal Agency. An application shall be certified as complete
immediately upon the meeting of all requirements specified in this
chapter and in the rules and regulations of the Municipal Agency,
and shall be deemed complete as of the day it is so certified by the
Administrative Officer for purposes of the commencement of the time
period for action by the Municipal Agency.
A preliminary presentation and attendant documentation of
a proposed subdivision or site plan of sufficient accuracy to be used
for the purpose of discussion and classification.
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation or such use
as contained in this chapter, and upon the issuance of an authorization
thereof by the Municipal Agency.
An ownership arrangement, not a land use; therefore it is
allowed in any zone and under the same restrictions as the residential
land uses that it comprises. A condominium shall not negate lot nor
other requirements intended to provide adequate light, air, and privacy.
A condominium is a dwelling unit which has all of the following characteristic.
The unit (the interior and associated exterior areas designated
for private use in the development plan) is owned by the occupant;
The unit may be any permitted dwelling type;
All or a portion of the exterior open space and any community
interior spaces are owned and maintained in accordance with the provisions
for open space, roads, or other development features as specified
in this chapter.
The officer in charge of granting building or construction
permits in the Borough.
Development other than "planned development" as defined in
this section.
A lot at the junction of and abutting two or more intersection
streets where the interior angle of intersection does not exceed 135°.
A valve which is placed in a building's water or gas service
pipe near its junction with the public water or gas main.
A facility for golf, tennis and related recreational uses
which may include a club house, restaurant, and incidental lodging
for members or guests.
A composite of the comprehensive plan or master plan for
the physical development of Monmouth County with the accompanying
maps, plats, charts, and descriptive and explanatory matter adopted
by the County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A.
40:27-4.
The Planning Board of the County of Monmouth as defined in
N.J.S.A. 40:27-6.1.
An unoccupied open space on the same lot with a building,
which is bounded on three or more sides by building walls.
The same as "lot coverage."
A shallow unfinished space beneath the first floor, usually
containing pipes, ducts, and other utilities, where the ceiling height
(measured from the concrete or dirt floor to the bottom of the floor
joists) is less than six (6) feet and the Finished Floor Elevation
is thirty inches (30”) or less. A Crawl Space shall not be counted
as a Story or Half Story.
[Added 4-17-2023 by Ord. No. 2023-02]
A sediment-producing highly erodible or severely eroded area.
A local street with only one outlet and having the other
end for the reversal of traffic movement.
A structure designed to convey a water course not incorporated
in a closed drainage system under a road or pedestrian walk.
A vertical or sloping edge of a roadway. See also Belgian
block curb," "barrier curb," "mountable curb."
The officially established grade of the curb in front of
the midpoint of the front lot line.
Supportive or protective bedding materials placed underneath
piping.
A licensed, organized and supervised daytime facility used
for recreational purposes.
See "child care center."
Calendar day(s).
A piece of fabric which is ornamental in nature and has no
advertising or business logo.
The partial or total razing, dismantling, or destruction,
whether entirely or in significant part, of any building, structure,
object, or site. "Demolition" includes the removal of a building,
structure or object from its site or the removal or destruction of
the facade or surface.
The permitted number of dwelling units per gross area of
land to be developed.
The relative size or magnitude of a major flood of reasonable
expectancy, which reflects both flood experience and flood potential
and is the basis of the delineation of the floodway, the flood hazard
area, and the water surface elevations.
Guidelines that provide a general framework for sound planning.
Standards that set forth specific improvement requirements.
A man-made or natural water collector facility designed to
collect surface and subsurface water in order to impede its flow and
to release the same 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 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 building or other structure, or of
any mining excavation or landfill, and any use of change in the use
of any building or other structure, or land or extension or use of
land, for which permission may be required pursuant to N.J.S.A. 40:55D-1
et seq. and this chapter.
A document signed by the Zoning Officer (1) which 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; and (2) which acknowledges
that such use, structure or building complies with the provisions
of this chapter or variance therefrom duly authorized by a Municipal
Agency.
A zoning ordinance, subdivision ordinance, site plan ordinance,
official map ordinance, or other Borough regulation of the use and
development of land, or amendment thereto adopted and filed pursuant
to the Municipal Land Use Law.
This chapter, official map ordinance, or other municipal
regulation of the use and development of land, or amendment thereto
adopted and filed pursuant to N.J.S.A. 40:55D-1 et seq.
Experiencing a disability which originates before 18 years
of age, which has continued or is expected to continue indefinitely,
which constitutes a substantial handicap, and which is attributable
to mental retardation, cerebral palsy, epilepsy, autism, or other
conditions found by the Commissioner of Human Services to give rise
to an extended need for similar services.
A sign providing no advertising of any kind, which provides
direction or instruction to guide persons to facilities intended to
serve the public, including but not specifically limited to those
signs identifying rest rooms, public walkways, parking areas, and
other similar facilities.
Any part of the territory of the Borough which is designated
as a zone on the official zoning map (on file in the Borough Clerk's
office) and to which certain uniform regulations and requirements
of this chapter apply.
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 of alleviation of flooding.
Any component of the drainage system.
The lands required for the installation of stormwater sewers
or drainage ditches, or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage in accordance with N.J.S.A.
58:1-1 et seq., State Water Policy Commission.
The system through which water flow from the land, including
all watercourses, water bodies and wetlands.
An establishment or business essentially designed so that
food is both served to and consumed by patrons while they are parked
in vehicles on the premises (regardless of whether or not seating
may also be provided at the premises).
[Amended 10-11-2022 by Ord. No. 2022-15]
A Drive-Through Window is a window or portal through which
patrons may pick up food or beverage orders from an establishment
without exiting their vehicle.
[Add 10-11-2022 by Ord. No. 2022-15]
A paved or unpaved area used for ingress or egress of vehicles,
and allowing access from a street to a building or other structure
or facility.
A manhole provided for inspection and maintenance of sewers
where an incoming sewer is considerably higher than the outgoing.
A vertical pipe used to convey sewage from a higher to a
lower elevation.
See "capped system."
Any building or portion thereof designed or used exclusively
for one or more dwelling units.
A building or part thereof having cooking, sleeping, and
sanitary facilities designed for, or occupied by one family, and which
is entirely separated from any other dwelling unit in the building
by vertical walls, or horizontal floors, unpierced, except for access
to the outside or a common cellar.
A building designed for, or containing three or more dwelling
units, which are entirely separated from each other by vertical walls
or horizontal floors, unpierced, except for access to outside or a
common cellar.
A detached building designed for or containing one dwelling
unit.
A detached building designed for, or containing two dwelling
units, which are entirely separated from each other by vertical walls,
unpierced, except for access to the outside or a common cellar.
A right-of-way granted, but not dedicated, for limited use
of private land for a public or quasi-public purpose and within which
the owner of the property shall not erect any permanent structures.
The lower border of a roof that joins or overhangs the wall.
Public, parochial or private elementary or secondary schools,
duly licensed by the State of New Jersey, attendance at which is sufficient
compliance with the compulsory education requirements of the State.
Summer day camps shall not be considered as educational uses or accessories
to such uses. Duly accredited colleges and universities shall also
be considered educational uses.
The giving of money and/or services to a charitable or philanthropic
organization.
The municipal Environmental Commission, a municipal advisory
body, created pursuant to N.J.S.A. 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 degradation of the environment,
or may require limited development, or in certain instances may preclude
development.
For the purposes of this chapter, a compilation of studies,
reports, documents and finding of fact prepared by an applicant as
part of and for a development application. An environmental impact
statement meeting the requirements of the N.J.S.A. 13:10-1 et seq.,
Coastal Area Facility Review Act, and specifically outlined in Section
7 of the rules and regulations promulgated in compliance with the
Act will be accepted in lieu of the EIR.
The detachment and movement of soil or rock fragments by
water, wind, ice, and/or gravity.
A plan which fully indicates necessary land treatment measures,
including a schedule of the timing for their installation, which will
effectively minimize soil erosion and sedimentation. Such measures
shall be equivalent to or exceed standards adopted by the New Jersey
State Soil Conservation Committee and administered by the Freehold
Soil Conservation District in conformance with N.J.S.A. 40:55-120.
A deed, bond, money or a piece of property delivered to a
third person to be delivered by him to the grantee only upon fulfillment
of a condition.
Underground gas, electrical, telephone, telegraph, steam
or water transmission or distribution systems, including mains, drains,
sewers, pipes, conduits, cables; and including normal above ground
appurtenances such as fire alarm boxes, police call boxes, light standards,
poles, traffic signals, and hydrants, and other similar equipment
and accessories in connection therewith, reasonably necessary for
the furnishing of adequate service by public utilities or municipal
or other governmental agencies or for the public health or safety
or general welfare. "Essential services" shall not be deemed to include
wireless telecommunications towers and antennas.
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
The excavation, removal, replacement, repair, construction,
or other disturbance of any portion of the public improvement within
a public street or drainage right-of-way. These public improvements
include, but are not limited to curb, sidewalk, driveway, and driveway
aprons, drainage structures and conduits, pavements, base courses,
gutters, retaining walls, channels, headwalls, railings, guard rails,
or any other public improvement existing within the public right-of-way.
For the purposes of this chapter, that work which is being performed
outside of the public right-of-way, but which required the storage
of materials or the operation of equipment within the public right-of-way,
in such a manner as may cause damage, will also be deemed excavation
work. "Excavation work" shall also include the construction, addition,
installation, or other provision of the whole or portions of the improvements
within a public street, drainage right-of-way or other public way
or public grounds by persons other than those exempted from the provisions
of this chapter including privately sponsored construction of curbing,
sidewalks, pavement extensions, aprons, drainage or any other portions
of the public improvements.
That site plan and/or subdivision approval shall not be required
prior to issuance of a development permit for the following:
Construction, additions, or alterations related to single-family
detached or two-family dwellings or their accessory structures on
individual lots;
Any change of use of land or structure to a use for which the
standards of this chapter are the same or less restrictive;
Individual applications for accessory mechanical or electrical
equipment, whose operation and location conforms to the design and
performance standards of this chapter, and whose installation is on
a site already occupied by an active principal use for which site
plan approval is not otherwise required;
Sign(s) installed on a site already occupied by a principal
use for which site plan approval is not otherwise required and provided
such sign(s) conform to this chapter;
Interior alterations which do not increase the required number
of off-street parking spaces;
Division of property and conveyances so as to combine existing
lots, which are not considered to be subdivisions in accordance with
the definition of subdivision contained within this section.
Any increase in the total number of employees, number of employees
in any shift or the number of vehicles to be stored or parked on the
site not exceeding 25% of the amount existing at the time of passage
of this ordinance or as set forth at the time of a previous site plan
approval.
Construction or installation of underground facilities which
do not alter the general use, appearance or grade of the site.
The construction, alteration of or addition to any off-street
parking area which provides an increase of five or less vehicle parking
spaces, provided a parking variance is not required.
Where the proposed development, change of occupancy or change
of use does not affect or increase circulation, drainage, relationship
of buildings to each other, landscaping, buffering, lighting, parking
requirements or any other considerations of site plan review.
A permanent sign displayed in the Borough on the effective
date of this chapter.
One or more persons living together as a single entity or
nonprofit housekeeping unit, as distinguished from individuals or
groups occupying a hotel, club, fraternity or sorority house. The
family shall be deemed to include necessary servants when servants
share the common housekeeping facilities and services.
Any private residence approved by the Division of Youth and
Family Services or an organization with which the Division contracts
for family day care in which child care services are regularly provided
to no less than three and not more than five children for no less
than 15 hours per week. A child being cared for under the following
circumstances is not included in the total number of children receiving
child care services:
Any parcel of land, which is used for gain in the raising
of agricultural products, livestock or dairy products.
Any building used for the housing of agricultural equipment,
produce, livestock, or poultry or for the incidental or customary
processing of farm products, and provided that such building is located
on, operated in conjunction with and necessary to the operation of
a farm as defined by this chapter.
An establishment or business, which is essentially designed
to quickly prepare, package, and dispense to customers for quick or
ready consumption, a limited, uniform, or standardized variety of
food and beverage products, and where the menu and/or practices of
such an establishment or business are generally prescribed by contractual,
franchise, or other such agreements, to facilitate rapid service and
turnover of customers. Such establishments or businesses may or may
not have tables, and the food and beverage products may be sold for
consumption inside the building and/or on or off the premises.
[Added 10-11-2022 by Ord. No. 2022-15]
A structure constructed of wood, masonry, stone, wire, metal
or any other manufactured material or combination of materials serving
as an enclosure, barrier, or boundary.
A document signed by the Code Enforcement Officer (1) which
is required by ordinance as a condition precedent to the construction,
reconstruction, alteration, or installation of a fence; and (2) which
acknowledges that the fence complies with the provisions of the Borough
zoning ordinance or variance, therefrom duly authorized pursuant to
N.J.S.A. 40:55D-60 or N.J.S.A. 40:55D-70.
The vertical upright of a fence which provides support and
the point of attachment for the rails.
A fence in which 1/2 of the area, between grade level and
the top cross member (wire, wood, or other material), is open.
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 property
posted for their completion, or approval conditioned upon the posting
of such guarantees.
The measure of height from Average Existing Grade to the
surface of the finished floor immediately constructed on the foundation
wall or the slab-on-grade. The FFE shall be shown on all Site or Plot
Plans submitted to the Borough’s Zoning and/or Construction
Departments and, to further establish a point of reference, the Site
or Plot Plans shall include the Curb Level elevation. The FFE shall
be provided for all new construction and for any renovation or addition
that modifies an existing FFE and shall not exceed thirty (30”)
inches above Average Existing Grade.
[Added 4-17-2023 by Ord. No. 2023-02]
The final map of all or a portion of the site plan or subdivision
which is presented to the Planning Board for final approval in accordance
with the provisions of this chapter, and which is approved shall be
filed with the proper County office.
A roof having a continuous horizontal surface with a minimal
pitch and arranged to be essentially parallel to the floor plane.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
The relatively flat area adjoining any natural or man-made
stream, pond, lake, river, or any other body or water which is subject
to a 100-year flood.
Permission of the Borough to build in accordance with municipal
floodplain regulations.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
0.2 foot.
A story of a building.
The sum of the gross horizontal area of all Stories of a
Structure as measured from (i) the exterior face of exterior building
walls (and also including in the Floor Area calculation, stairwell
openings and vaulted ceilings); (ii) the centerline of a common wall
separating two buildings, or (iii) where the roof connects to the
structure where there are no walls, measured to where there is a minimum
height of thirty (30") inches measured from the floor to the bottom
of the roof rafters. In residential buildings, Floor Area shall exclude:
The gross horizontal area, or portions thereof, of Stories where
there is a height of less than thirty (30") inches measured from the
floor to the bottom of the roof rafters.
Attics that qualify as a Half Story (see Attic);
Cellars;
The first floor of Garages; and
The gross horizontal area, or portions thereof, of an unfinished
storage area that is constructed immediately above the first floor
of a Garage, that is not accessible to a second Story, where the maximum
height measured from the Average Existing Grade to the ridge height
of the Garage is less than twenty (20') feet.
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For clarification, all areas within a Structure where a second
story could be constructed to create areas that would qualify as Floor
Area pursuant to this definition will be counted as Floor Area regardless
of how actually constructed.
[Added 4-17-2023 by Ord. No. 2023-02] |
The Floor Area compared to the total land area of the lot,
expressed as a percentage.
[Amended 4-17-2023 by Ord. No. 2023-02]
The sum of the gross horizontal areas of the floor or several
floors of a commercial building which are used for display of merchandise
to the general public and including any areas occupied by counters,
showcases, or display racks, and any aisles, entranceways, arcades,
or other such public areas.
The cleaning out of debris and sediment from pipes by force
of moving liquid, usually water.
A sign not attached to any building but standing on the ground.
Such signs are usually, but not necessarily, supported from the ground
by one or more poles or posts on similar uprights with or without
braces.
The area of the face of a building that is located on the
front, as established by street side of the building, is inclusive
of all windows and doors, but exclusive of the roof.
A funeral home or mortuary operated by a licensed mortician
in accordance with N.J.S.A. 27:23-1 et seq. A funeral home or mortuary
shall not be considered a professional office.
A double sloping roof that forms a gable at each end.
A detached accessory building or portion of a main building
for the parking or temporary storage of automobiles of the occupants
of the main building to which the garage is accessory.
An enclosed building used as an accessory to the main building
which provides for the storage of motor vehicles and in which no occupation,
business, or service for profit is carried on.
A building or part thereof, other than a private garage,
used for the storage, care or repair of motor vehicles for profit,
including any sale of motor accessories, or where any such vehicles
are kept for hire. The rental of storage space for more than two motor
vehicles not owned by occupants of the premises shall be deemed a
public garage.
The same as "motor vehicle service station."
Any substance which results from the directed alteration
of genetic material through intervention in genetic processing including
techniques whereby recombinant DNA is produced and made to function
as an organism.
An area of 50 or more contiguous acres containing a full
size professional golf course, at least nine holes in length, together
with the necessary and usual accessory uses and structures such as,
but not limited to: club house facilities, dining and refreshment
facilities, swimming pools, tennis courts, and the like, provided
that the operation of such facilities incidental and subordinated
to the operation of a golf course.
The Mayor and Borough Council of the Borough of Fair Haven.
The Average of Existing Grade of a lot as determined prior
to any demolition or construction or change in grade based on a survey
or plot plan that shows existing spot elevations and/or topography
on the lot as taken from a minimum of four (4) corners of the existing
principal structure and any accessory structure, or from the locations
of the proposed structures, if different.
[Added 4-17-2023 by Ord. No. 2023-02]
The existing undisturbed elevation of land, ground, and topography
preexisting or existing on a lot, parcel or tract of land at the time
of the adoption of this chapter. Should topography of the lot vary,
multiple spot elevations should be included on the survey or plot
plan to more accurately reflect Existing Grade on the lot.
[Amended 4-17-2023 by Ord. No. 2023-02]
The completed surface of lawns, walks and roads brought to
grade(s) as shown on official plans or designs relating thereto or
as existing if no plans or designs have been approved. This is to
be provided on a Final-As-Built Survey following the new development
of a property, installation of a pool or other major site development
involving any changes in grade.
[Amended 4-17-2023 by Ord. No. 2023-02]
Low-growing plants or sod that in time form a dense mat covering
the area in which they are planted preventing soil from being blown
or washed away and the growth of unwanted plants.
Any sign supported by either uprights affixed to the ground
or supported by a base affixed to the ground.
A shallow channel usually set along a curb or the pavement
edge of a road for purposes of catching and carrying off runoff water.
[Ord. No. 2014-15; repealed 4-17-2023 by Ord. No. 2023-02]
[Repealed 4-17-2023 by Ord. No. 2023-02]
[Repealed 4-17-2023 by Ord. No. 2023-02]
Includes, but is not limited to, inorganic mineral acids
of sulfur, fluorine, chloride, nitrogen, chromium, phosphorus, selenium
and arsenic and their common salts; lead, nickel, and mercury and
their inorganic salts or metallo-organic derivatives; coal tar acids,
such as phenols and cresols, and their salts; petroleum products;
and radioactive materials.
The facility or institution, whether public or private, engaged
principally in providing services for health maintenance organizations,
diagnosis, or treatment of human disease, pain, injury, deformity,
or physical condition, including, but not limited to, a general hospital,
special hospital, mental hospital, public health center, diagnostic
center, treatment center, rehabilitation center, extended care facility,
skilled nursing home, nursing home, intermediate bioanalytical laboratory
(except as specifically excluded hereunder), or central services facility
serving one or more such institutions but excluding institutions that
provide healing solely by prayer and excluding such bioanalytical
laboratories as are independently owned and operated, and are not
owned, operated, managed, or controlled, in whole or in part, directly
or indirectly, by any one or more health care facilities, and the
predominant source of business of which is not by contract with health
care facilities within the State of New Jersey and which solicit or
accept specimens and operate predominantly in interstate commerce.
For the purposes of this chapter a line showing the upper
inland wetlands boundary (a biological "high water line") on a series
of maps prepared by the State of New Jersey Department of Environmental
Protection in accordance with the provisions of The Wetlands Act,
N.J.S.A. 13:9A-1 et seq., the line being established from photographs
and each of these maps being on file in the office of the County Clerk,
Monmouth County, New Jersey.
See "home occupation."
Any use customarily conducted for profit entirely within
a dwelling and carried on by the inhabitants thereof, which use is
clearly incidental and secondary to the use of the dwelling for dwelling
purposes, and does not change the character thereof, provided that
no article is sold or offered for sale except such as may be produced
by members of the immediate family residing in the dwelling; and provided,
further, that no machinery or equipment used which will cause electrical
or other interference with radio and television reception in adjacent
residences, or cause offensive noise or vibration. Such activities
as automotive repair or body work, clinics, hospitals, barber shops,
beauty parlors, tea rooms, tourist homes, animal hospitals, nursery
schools, and music or dancing schools other than for individual instruction
shall not be deemed home occupations under the terms of this chapter.
A building or series of buildings, primarily for treatment
of patients to be housed on the premises, and providing health, medical
and surgical care for sick or injured human beings, including as an
integral part of the building, such related facilities as laboratories,
out-patient departments, clinics, training facilities, central service
facilities and staff offices. The definition of "hospital" shall not
include nursing homes, medical care centers and the like.
The person or persons occupying a dwelling unit.
The properties, distribution, and circulation of water.
The Illuminating Engineering Society.
A sign in which an artificial source of light is used in
connection with the display of such sign.
A surface that has been compacted or covered with a layer
of material so that it is highly resistant to infiltration of water.
A body of water, such as a pond, confined by a dam, dike,
floodgate or other barrier.
An area for the temporary location of motor vehicles which
has been modified from its natural condition by excavation, fill or
structures.
A street curbed and paved in accordance with the standards
set forth in this chapter for new streets or, alternately, a street
which has been improved to the standards specified by the Borough
Engineer.
Any man-made, immovable item which becomes part of, placed
upon, or is affixed to, real estate.
A septic tank, seepage tile sewage disposal system, or any
other approved sewage treatment device serving a single unit.
(1) In a criminal or quasi-criminal proceeding, any citizen
of the State of New Jersey; and (2) in the case of a civil proceeding
in any court or in an administrative proceeding before a Municipal
Agency, any person, whether residing within or without the municipality,
whose rights to use, acquire, or enjoy property is or may be affected
by any action taken under N.J.S.A. 40:55D-1 et seq. or under any other
law of this State or of the United States have been denied, violated
or infringed by an action or failure to act under N.J.S.A. 40:55D-1
et seq. or this chapter.
A lot bounded by a street on one side only.
A street or road that is developed wholly within a parcel
under one ownership and meeting all municipal standards.
A street used for internal vehicular circulation within a
tract or development. Major internal streets are those internal streets
which have an entrance and/or exit on the access street or right-of-way
frontage of the tract. Internal streets may be private and not dedicated
or deeded to the public, subject to approval by the Planning Board
and by the Municipal Engineer.
A raised area, usually curbed, placed on guide traffic, separate
lanes, or used for landscaping, signing, or lighting.
The Institute of Transportation Engineers.
A projection of stone, brick, wood or other material, but
generally formed of piles, serving as a protection against the encroachment
or assault of the waves and currents.
The use of any area and/or structure keeping or abandonment
of junk, including scrap metal, glass, paper, cordage, or other scrap
material, or for the dismantling, demolition or abandonment of structures,
automobiles or other vehicles, equipment and machinery, or paths thereof,
provided, however, that this definition shall not be deemed to include
any of the foregoing uses which are accessory and incidental to any
agricultural use permitted in any zone. The term "junk yard" as herein
defined includes automobile salvage or wrecking yards.
Natural or man-made bodies of water which normally contain
or retain water for extended periods. Ponds are bodies of water with
a surface area, measured under ten-year storm conditions, of two acres
or less. Lakes are bodies of water with a surface greater than two
acres, measured under ten-year storm conditions. The shoreline of
a lake or pond is measured at the perimeter of the surface of water
under ten-year storm conditions, as certified by the applicant's licensed
land surveyor, and approved by the Municipal Engineer.
Any real property including improvements and fixtures on,
above or below the surface.
Any activity involving the clearing, grading, transporting,
filling of land, and any other activity which causes land to be exposed
to the danger of erosion.
The orderly, planned arrangement of shrubs, ground cover,
flowers, trees and other plant material, including incidental use
of berms and decorative mulches, gravel and similar materials to produce
an aesthetically pleasing appearance, to satisfy ground stabilization
requirements, and/or providing a visual screen, all arranged and implemented
in accordance with good landscaping and horticultural practices.
Pipes conducting sewage from individual buildings to larger
pipes called trunk or interceptor sewers that usually are located
in street rights-of-way.
An off-street space or berth on the same lot with a building,
or contiguous to a group of buildings, for the temporary parking of
a commercial vehicle while loading or unloading merchandise or materials.
Such space shall have clear means of ingress and egress to a public
street at all times.
Any street other than a collector street.
Any sewerage authority created pursuant to the Sewerage Authorities
Law, N.J.S.A. 40:14A-1 et seq.; any utilities authority created pursuant
to the Municipal and County Utilities Authority Law, N.J.S.A. 40:14B-1
et seq.; or any utility, authority, commission, special district,
or other corporate entity not regulated by the Board of Regulatory
Commissioners, under Title 48 of the Revised Statutes that provides
gas, electricity, heat, power, water, or sewer service to a municipality
or the residents thereof.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The acreage and/or square footage of a lot contained within
the lot lines of the property. Any portion of a lot included in a
street right-of-way shall not be included in calculating lot area.
Portions of lots encumbered by easements shall be included in calculating
lot area.
The area of a lot covered by buildings and structures and
accessory buildings or structures and expressed as a percentage of
the total lot area. For the purpose of these regulations, total lot
coverage shall include all other impervious surfaces and all parking
areas and automobile access driveways and internal roadways, whether
covered by an impervious or pervious material.
The shortest distance between the front lot line and a line
parallel to the front lot line through the midpoint of the rear lot
line, provided that, in triangular lots having no rear lot line, the
distance shall be measured to the midpoint of a line parallel to the
front lot line which shall not be less than 10 feet in length measured
between its intersections with the side lot lines.
The distance measured on a horizontal plane between the side
lot lines measured along the street right-of-way line. The minimum
lot frontage shall not be less than the required lot frontage except
that on curved alignments with an outside radius of less than 500
feet, the minimum distance between the side lot lines measured at
the street line shall not be less than 75% of the required minimum
lot frontage, except that no lot shall have a frontage of less than
50 feet. Where the lot frontage is so permitted to be reduced, the
lot width at the building setback line shall not be less than the
required minimum frontage of the zone district. For the purpose of
this chapter, only continuous uninterrupted lot lines shall be accepted
as meeting the frontage requirements.
Any line designating the extent or boundary of a lot which
shall further be defined as follows:
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1.
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Front Lot Line. A lot line or portion thereof which is coexistent
with a street line and along which the lot frontage is calculated.
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2.
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Rear Lot Line. The lot line most distant and generally opposite and parallel to the front lot line (for corner lots see subsection 30-7.4b).
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3.
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Side Lot Line. Any lot line other than a front or rear lot line.
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The distance between the property side lines measured along
the front yard setback line. Unless otherwise specified lot width
shall equal minimum lot frontage.
Any lot at the junction of and fronting on two or more intersecting
streets.
A lot other than a corner lot.
A dwelling unit restricted to occupancy by a lower income
household and approved as a conditional use pursuant to this chapter.
A household whose income is within the current moderate-
or low-income limits for the Borough's housing region as established
by the New Jersey Council on Affordable Housing.
The lowest level (including basement, crawl space and garage)
of the lowest enclosed area.
Any security that is acceptable to the Governing Body to
assure the maintenance of approved installations by developers.
Any security which may be accepted by the Borough for the
maintenance of any improvements required by N.J.S.A. 40:55D-1 et seq.
and this chapter, including but not limited to surety bonds, letters
of credit, under the circumstances specified in N.J.S.A. 40:55d-53.5,
and cash.
Any site plan not classified as a minor site plan or exempt
site development.
Any subdivision not classified as a minor subdivision.
An inspection chamber whose dimensions allow easy entry and
exit and working room for a person inside.
A method for calculating the hydraulic capacity of a conduit
to convey water.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities.
The treatment or processing of raw products, and the production
of articles or finished products from raw or prepared materials by
giving them new forms or qualities.
Any waterfront facility wherein berthing spaces for any and
all watercraft or boats are provided. A marina shall be deemed to
include, in addition, automobile parking facilities; sanitary facilities;
motor fuel sales; boat sales, repairs, maintenance and service, excluding,
however, facilities for the construction of new boats.
Any facilities or activity associated with fishing or boating,
either for sport or for commercial gain.
Any establishment devoted to the providing of massage services
to persons not in connection with any medical, osteopathic, chiropractic,
prescribed therapeutic or athletic or calisthenic activities.
A composite of one or more written or graphic proposals for
the development of the municipality as set forth in and adopted by
the Planning Board pursuant to N.J.S.A. 40:55D-28.
The Mayor of Fair Haven.
That portion of a divided highway separating the traveled
ways of traffic proceeding in opposite directions.
A person afflicted with mental disease to such an extent
that a person so afflicted requires care and treatment for his own
welfare, or the welfare of others, or of the community, but shall
not include a person who has been committed after having been found
not guilty of a criminal charge or unfit to be tried on a criminal
charge by reason of insanity.
A development plan for one or more lots which is (are) subject
to development which:
Requires site plan approval; and
Meets the requirements set forth in Section 30-12 of this chapter and contains the information needed to make an informed determination as to whether the requirements established by this chapter for approval of a minor site plan have been met; and
Meet the following conditions:
The construction of drainage facilities is not required either
on or off site;
New building construction and/or building additions do not exceed
1,000 square feet of gross floor area;
The proposed development does not increase parking requirements
by more than five spaces;
The proposed development conforms to the performance standards
set forth in Chapter 16.20 of this title;
The proposed development will not require the issuance of a
CAFRA permit;
The proposed development does not involve planned development;
The proposed development does not involve any new street or
the extension of any existing street;
The proposed development does not involve the extension or construction
of any off-tract improvement, the cost of which is to be prorated
pursuant to N.J.S.A. 40:55D-42;
The proposed development does not involve the disturbance of
5,000 square feet or more of ground area;
A subdivision of land for the creation of not more than two
lots plus the remainder of the original lot provided such subdivision
does not involve, (1) a planned development, (2) any new street, or
(3) the extension of any off-tract improvement, the cost of which
is to be prorated pursuant to N.J.S.A. 40:55D-42 and provided that
the Municipal Agency or the Subdivision Committee of the Planning
Board finds that all the following conditions have been met:
That curbs and sidewalks have been installed or that the developer
agrees to install and post performance guarantees for curbs and sidewalks,
or that curbs and sidewalks are not required due to specific conditions
in the area;
That the subdivision does not require the extension of municipal
facilities at the expense of the municipality;
That the subdivision and construction resulting therefrom will
not adversely affect drainage patterns of the basin in which the lots
are situated;
That the subdivision will not adversely affect the development
of the remainder of the parcel of the adjoining property;
That the subdivision is not in conflict with any provision or
portion of the master plan, official map or this chapter or that appropriate
variances have been obtained (or must be obtained as a condition of
approval);
That no portion of the lands involved have constituted a part
of a minor subdivision within three years preceding the application.
Two or more different uses, one of which is residential.
The same as "mixed use."
Municipal Land Use Law.
See "manufactured home."
A building or portion of a building or land, or portion thereof,
which is not primarily devoted to the retail sale of gasoline of new
or used automobiles or trucks, in which the overhauling or replacement
of automobiles, automobile parts, or any portion thereof, is conducted
as a business for profit.
Any area of land, including structures thereon, which is
used for the retail sale of gasoline or any other motor vehicle fuel
and oil and other lubricating substances, including any sale of motor
vehicle accessories and which may include facilities for lubricating,
washing or servicing of motor vehicles, except that auto body work
of any nature and retail sales unrelated to motor vehicle use shall
be prohibited.
A layer of wood chips, dry leaves, straw, hay, plastic, or
other materials placed on the surface of the soil around plants to
retain moisture, prevent weeds from growing, hold the soil in place,
and aid plant growth.
Any building containing two or more dwelling units, including
townhouses within a lot. Dwelling units within multi-family buildings
are classified as multi-family dwellings.
The Planning Board or Board of Adjustment when acting pursuant
to N.J.S.A. 40:55D-1 et seq. and this chapter.
N.J.S.A. 40:55D-1 et seq.
A person who is domiciled in the municipality.
Structures for which the start of construction commenced
on or after the effective date of the ordinance codified in this chapter.
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of the ordinance codified
in this chapter, but which fails to conform to requirements of the
zoning district in which it is located by reason of such adoption,
revision or amendment.
A sign that does not comply with the provisions of this chapter
and would have been in existence before the adoption of this chapter.
A structure the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of a zoning ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reasons of such adoption, revision, or amendment.
A use or activity which was lawful prior to the adoption,
revision, or amendment of the ordinance codified in this chapter,
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
All lots and structures thereon within any historic districts
which are not designated historic sites.
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agriculture.
A school designed to provide daytime care or three or more
children from two to six years of age inclusive, and operated on a
regular basis.
The specific purpose for which land or a building is used,
designed or maintained.
The same as "certificate of occupancy."
Located outside the lot lines of the lot in question, but
within the property limits (of which the lot is a part) which is the
subject of a development application. Off-site areas shall include
any contiguous portion of a street or right-of-way.
A temporary storage area for a motor vehicle that is directly
accessible to an access aisle, and that is not located on a dedicated
street right-of-way.
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
The map, with changes and additions thereto, adopted and
established, from time to time, by resolution of the Board of Chosen
Freeholders of Monmouth County pursuant to N.J.S.A. 40:27-5.
A map adopted by ordinance by the Governing Body pursuant
to N.J.S.A. 40:55D-32 et seq.
Located on the lot in question.
A temporary storage area for a motor vehicle which is located
on a dedicated street right-of-way.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
A porch or steps with a fixed roof no larger than six feet
wide by four feet deep and with no side walls other than the wall
of the structure to which it is attached.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or 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 other improvements that are designed to be incidental to the natural
openness of the land.
Any individual, family group, firm, association, syndicate,
copartnership or corporation having sufficient proprietary interest
in land which is the subject of a development proposal.
An open area used for the open storage of motor vehicles
and includes any driveways and access drives, as well as accessory
incidental structures or improvements such as curbing, drainage, lighting,
and signing.
An area, other than a street, intended for the same use as
a private garage, is accessory to a residential or nonresidential
building or use and not used by the general public.
A paved open area, other than a street or other public way,
used for the parking of motor vehicles and available to the public,
whether for a fee, free, or as an accommodation of clients or customers.
The same as "garage, public."
An off-street space provided for the parking of a motor vehicle
exclusive of driveways or access drives, either within a structure
or garage or in the open or as may be otherwise defined in this chapter.
For purposes of notice any applicant for development, the
owners of the subject property and all owners of property and government
agencies entitled to notice under N.J.S.A. 40:55D-12.
An area of land not used for receiving and storing material
where the grounds have been surfaced with construction material such
as brick, stone, cement or lumber, which does not project above grade
level and which is entirely uncovered by a roof or any superstructure.
See "cartway."
Any establishment showing to patrons in private or semi-private
viewing areas the live or photographic or magnetically recorded depictions
of persons engaged in the presentation and exploitation of illicit
sex, lust, passion, depravity, violence, brutality, nudity, immorality
and other obscene subjects.
Any security, which may be accepted by the municipality,
including but not limited to surety bond, letters of credit under
the circumstances specified in N.J.S.A. 40:55D-53.5 and cash.
An act by which skills of one person are utilized for the
benefit of another, provided no function involves manufacture, cleaning,
repair, storage or distribution of products or goods except for cleaning
and repairing of clothing and similar personal accessories.
Any material that permits full or partial absorption of stormwater
into previously unimproved land.
Any substance or mixture of substance labeled, designed,
or intended for use in preventing, destroying, repelling, sterilizing
or mitigating any insects, rodents, nematodes, predatory animals,
fungi, weeds and other forms of plant or animal life or viruses, except
viruses on or in living man or other animals. The term "pesticide"
shall also include any substance or mixture of substances labeled,
designed or intended for use as a defoliant, desiccant, or plant regulator.
Oil or petroleum of any kind and in any form including crude
oils and derivatives of crude oils, whether along, as sludge, oil
refuse or oil mixed with other wastes.
A building or group of buildings, congregations, public worship
including cathedrals, chapels, churches, meeting houses, mosques,
synagogues, temples, and similarly used buildings, as well as accessory
uses such as Sunday schools, social halls, parish houses, and similar
type buildings.
Planned unit development, planned residential development,
residential cluster, planned commercial development or planned industrial
development.
The municipal Planning Board established pursuant to N.J.S.A.
40:55D-23. The term "Planning Board" as used in this chapter also
means the Board of Adjustment when it is acting pursuant to N.J.S.A.
40:55D-76.
The licensed New Jersey professional engineer specifically
retained by the Planning Board or assigned by the Municipal Engineer
(with the consent of the Board) to render engineering services and
advice to the Board. In the absence of the specific appointment of
a Planning Board Engineer, the Municipal Engineer may assume the duties
of the office.
A map or maps of subdivision or site plan.
The map or maps of all or a portion of the development prepared
and submitted to the approving authority for final approval. "Final
plat" shall also include and be synonymous with the term final site
plan.
The plan prepared and submitted to the approving authority
as a part of the application for preliminary approval. "Preliminary
plat" shall also include and be synonymous with the term preliminary
site plan.
A sign which can be carried or moved about.
The conferral of certain rights pursuant to N.J.S.A. 40:55D-46,
-48, and -49 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 scopes, scale, relationship to its site and immediate environs
and exterior colors and finishes.
A lot or tract or land or any combination thereof held under
a single ownership or control.
The primary or principal purpose for which a building, structure
or lot is issued.
The office of a member of a recognized profession, such as,
but not necessarily limited to, the office of physicians, dentists,
architects, professional engineers, and lawyers.
That use which is not specifically allowed or permitted in
a particular zone and for which the granting of a variance of N.J.S.A.
40:55D-70D would be necessary, in order to provide that use in that
particular zone.
A sign which is attached to the building wall at a right
angle.
(1) Public parks, playgrounds, trails, paths and other recreational
areas; (2) other public open spaces; (3) scenic and historic sites;
and (4) sites for schools and other public buildings and structures.
A master plan, capital improvement program or other proposal
for land development adopted by the appropriate public body, or any
amendment thereto.
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 non-point
pollution.
An open space area conveyed or otherwise dedicated to the
Borough, a Municipal Agency, Board of Education, Federal, State, or
County agency, or other public body for recreational or conversational
uses.
Any public utility regulated by the Board of Regulatory Commissioners
and defined pursuant to N.J.S.A. 48:2-13.
The majority of the full authorized membership of a Municipal
Agency.
Any natural or artificially produced substance or combination
of substances which emits radiation spontaneously.
A method of runoff calculation.
The replenishment of underground water reserves.
Facilities and open space areas set aside, designed and/or
improved, and used for recreation purposes, and may include, but shall
not be limited to, playfields, golf courses, playgrounds, swimming
pools, tennis courts, and other court games, tot lots, parks, picnic
areas, nature preserves, boating and fishing areas and facilities.
A vehicular type unit primarily designed as temporary living
quarters for recreational, camping, or travel use, which either has
its own motive power or is mounted on or drawn by another vehicle.
The basic entities are travel trailer, camping trailer, truck camper,
and motor home.
The number of dwelling units per gross acre of residential
land including areas used for streets, easements and/or open space
portions of a development.
An establishment or business where food and/or beverages
are prepared and served or dispensed to patrons and consumed at the
establishment and/or taken out and/or delivered for off-premises consumption;
but expressly excluding from this definition, however, the following:
(a) Fast-Food Restaurants, which is a separately defined use; and
(b) Drive-In Restaurants, which is a separately defined use. Further,
no Restaurant may contain a Drive-Through Window.
[Amended 10-11-2022 by Ord. No. 2022-15]
see, DRIVE-IN RESTAURANT
[Amended 10-11-2022 by Ord. No. 2022-15]
see, FAST-FOOD RESTAURANT
[Added 10-11-2022 by Ord. No. 2022-15]
(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 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.
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 pond, pool or basin used for the permanent storage of water
runoff.
A fencing of stone, concrete, etc., built to protect a scarp,
embankment, or shore structure against erosion by wave action or current.
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 same as "boarding- or lodging house."
Naturally occurring or man-made accumulations of sand in
ridges or mounds landward of the beach.
A parabolic reflector antenna which is designed for the purpose
of receiving signals from and/or transmitting signals to a transmitter
relay located in planetary orbit.
The same as educational use.
A structure or planting consisting of fencing, berms, and/or
evergreen trees or shrubs providing a continuous view obstruction
within a site or property.
Soil Conservation Service.
A wall or embankment to resist encroachment of the sea.
The same as "accessory use."
Solid material, both mineral and organic, that is in suspension,
is being transported or has been moved from its site or origin by
air, water or gravity as a product of erosion.
A barrier or dam built at suitable locations to retain rock,
sand, gravel, silt or other materials.
The transport and depositing of solid material by water.
An underground system with a septic tank used for the decomposition
of domestic wastes.
A watertight receptacle that receives the discharge of sewage.
The horizontal distance between a building or structure and
any front, side or real lot line, measured perpendicular to such lot
lines at the point where the building is closest to such lot lines.
The minimum required front yard setback for a residential
property, which shall be established as the greater of the following:
The minimum required front yard setback otherwise set forth
in the zoning schedule for residential uses in the particular zone
in which the subject property is located; or
For New Construction only, the average front yard setback calculated
from the front property line of all principal structures existing
on all properties which properties are (i) located within 200 feet
of either side of the subject property, and are also (ii) located
on the same side of the street as the subject property, and also (iii)
have a front yard facing the same street as the front yard of the
subject property; provided, however, that any property that would
otherwise be included in the above calculation but which property
has a front yard setback that exceeds the remaining average by more
than 50% shall be excluded from and not considered in making the above
calculation. Further, if the subject property is a corner lot, the
average front yard setback shall be calculated to both frontages of
that lot separately.
[Added 4-17-2023 by Ord. No. 2023-02]
The line beyond which a building shall not extend unless
otherwise provided in this chapter.
Any pipe conduit used to collect and carry away sewage or
stormwater runoff from the generating source to treatment plants or
receiving streams.
A tree in a public place, street, special easement, or right-of-way
adjoining a street.
See "lot shape requirement."
An integrated development of such uses as retail stores and
shops, personal service establishments, professional and business
offices, banks, post offices, restaurants, and auditoriums, houses
in an enclosed building or buildings, utilizing such common facilities
as customer parking, pedestrian walkways, truck loading and unloading
space, utilities and sanitary facilities and having a minimum total
floor area of 20,000 square feet.
The graded part of the right-of-way that lies between the
edge of the main pavement (main traveled way) and the curbline.
A paved path provided for pedestrian use and usually located
at the side of a road within the right-of-way.
The triangular area intended to remain free of visual obstructions
to prevent potential traffic hazards formed by two intersecting street
lines or the projection of such lines which border a corner property,
and by a line connecting a point on each such line located a designated
distance from the intersection of the street lines.
That are defined by the outside edge of the frame surrounding
the sign or by the edge of the sign if no frame exists, where no frame
or edge exists, the area shall be defined by a projected enclosed
four sides (straight lines) geometric shape that most clearly outlines
the signs.
An identification, description, illustration, or device illuminated
or nonilluminated which is visible to the general public and directs
attention to a product, service place, activity, person, institution,
business or solicitation, including any permanently installed or situated
merchandise; or any emblem, painting flag, streamer, banner, pennant,
or placard design to advertise, identify, or convey information.
Any plot, parcel or parcels of land.
A development plan of one or more lots on which is shown
(1) the existing and proposed conditions of the lot, including but
not necessarily limited to topography, vegetation, drainage, floodplains,
marshes, and waterways, (2) 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 (3) any other information
that may be reasonably required in order to make an informed determination
pursuant to the provisions of this chapter requiring review and approval
of site plans by the Planning Board adopted pursuant to N.J.S.A. 40:55D-37
et seq.
See "concept plan."
All unconsolidated mineral and organic material of any origin
and overlies bedrock and which can be readily excavated.
A mixture of Portland cement and locally available soil.
It serves as a soil stabilizer.
The Freehold Soil Conservation District, a governmental subdivision
of the State which was organized in accordance with the provisions
of N.J.S.A. 4:24-2 et seq.
Garbage, sludge, refuse, trash, rubbish, debris or other
discarded solid materials.
A sign advertising a specific occasion such as, but restricted
to, holidays, grand openings, and inventory reduction.
Turf, or earth (soil), strengthened usually by the mixing
of cement or lime with the original material to achieve increase strength,
thereby reducing shrinkage and movement.
(1) Standards, requirements, rules and regulations adopted
by this chapter pursuant to N.J.S.A. 40:55D-65(d) regulating noise
levels, glare, airborne or sonic vibrations, heat, electronic or atomic
radiation, noxious odors, toxic matters, explosive and inflammable
matters, smoke, and airborne particles, waste discharge, screening
of unsightly objects or conditions and such other similar matters
as may be reasonably required by the municipality or (2) required
by applicable Federal or State laws or Municipal Agencies.
Areas where the average slope exceeds 15% which, because
of this slope, are subject to high rates of stormwater runoff and
erosion.
A provision for storage of stormwater runoff and the controlled
release of such runoff during and after a flood or storm.
A provision for storage of stormwater runoff.
That portion of a building between a floor and ceiling, excluding
Cellars and Crawl Spaces. Attics shall be either a Half Story or a
Story depending on how constructed (see Attic).
[Amended 4-17-2023 by Ord. No. 2023-02]
That portion of a building under a gable, hip or gambrel
roof, the wall plates of which on at least two opposite exterior walls
are not more than thirty inches (30") above the floor of such half-story.
A Basement shall also be included as a half-story. Attics shall be
either a Half Story or a Story depending on how constructed (see Attic).
[Amended 4-17-2023 by Ord. No. 2023-02]
Those areas which include the floodway and permanent channel
of brooks and streams.
Any street, highway, avenue, boulevard, road, parkway, viaduct,
alley, drive, or other way (1) which is an existing State, Country
or municipal roadway, or (2) which is shown upon a plat heretofore
approved pursuant to law, or (3) which is approved by official action
as provided by N.J.S.A. 40:55D-1 et seq., or (4) which is shown on
a plat duly filed and recorded in the office of the County Recording
Officer prior to the appointment of a Planning Board and grant to
such Board the power to review plats; and includes the land between
the street lines, whether improved or unimproved, and may comprise
pavement, shoulders, gutters, curbs, sidewalks, parking areas and
other areas within the street lines.
Man-made aboveground items that are usually found in street
rights-of-way, including benches, kiosks, plants, canopies, shelters,
and phone booths.
The mechanical and utility systems within a street right-of-way
such as hydrants, manhole covers, traffic lights and signs, utility
poles and lines, parking meters and the like.
The conceptual arrangement of streets based upon function.
A hierarchical approach to street design classifies streets according
to function, from high traffic arterial roads down to streets whose
function is residential access. Systematizing street design into a
road hierarchy promotes safety, efficient land use, and residential
quality.
The line which separates the publicly owned or controlled
street right-of-way from the private property which abuts upon the
street; as distinct from a sidewalk line, curbline, or edge-of-pavement
line. On a street or highway shown on the adopted master plan of the
Borough of Fair Haven, the street line shall be considered to be the
proposed right-of-way line for the street. Where a definite right-of-way
has not been established, the street line shall be assumed to be at
a point 25 feet from the center line of the existing pavement.
A street that has its only ingress and egress at two points
on the same subcollector or collector street.
See "improved street."
A street that does not have an all-weather pavement. An unimproved
street could be constructed of loose gravel, any type of loose stone,
or generally, any type of material that is not solidified and will
not repel water or maintain a stable cross-section. In the event that
the Construction Official or other Borough Official has any question
as to whether a road is improved, unimproved, or potential drainage
problems exist with regard to the issuance of a development permit,
building permit or certificate of occupancy, such Official shall contact
the Borough Engineer for his evaluation and written determination.
Any activity which removes or significantly disturbs vegetated
or otherwise stabilized soil surface, including clearing and grubbing
operations.
The same as "alterations."
A combination of materials to form a construction for occupancy,
use or ornamentation whether installed on, above, or below the surface
of a parcel of land.
Any person or legal entity commencing proceedings under this
chapter to effect the subdivision of land hereunder.
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:
(1) 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, (2)
divisions of property by testamentary or intestate provisions, (3)
division of property upon court order including, but not limited to,
judgments of foreclosure, (4) consolidation of existing lots by deed
or other recorded instrument, and (5) 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 Administrative
Officer to conform to the requirements of the development regulations
contained in this chapter for frontage on an improved street, zoning
district regulations, and for design standards and improvement specifications;
and further provided that each lot, tract, or parcel of land is shown
and designated as separate lots, tracts, or parcels of land shown
on the official tax map of the Borough. Those adjoining lots, tracts,
or parcels of land shown on the official tax map of the Borough which
are owned by the same person or persons but which individually do
not conform to the zoning district regulations and/or which do not
meet the required frontage on an improved street shall be treated
under this chapter as a single parcel of land no portion of which
may be conveyed without subdivision approval as prescribed by this
chapter. The term "subdivision" shall also include the term "resubdivision.
A committee appointed by the chairperson of the Planning
Board for the purpose of reviewing, commenting and making recommendations
with respect to subdivision and site plan applications and having
the power to approve minor site plans and subdivisions. Only those
committee members who are members or alternatives of the Board having
jurisdiction to act have the power to vote on a matter involving a
minor site plan or subdivision pursuant to N.J.S.A. 40:55D-46.1 and
N.J.S.A. 40:55D-47.
The natural ground lying beneath a road.
Those waters that fall on land or arise from springs and
diffuse themselves over the surface of the ground following no defined
course or channel.
Any swimming pool with sides that are not flush with the
ground. Hot tubs, Jacuzzis and children's wading pools shall not be
considered above ground swimming pools.
A swimming pool that is operated for profit and open to the
public or to a limited number of members and their guests, upon payment
of an hourly, daily, weekly, monthly, annual or other fee or operated
as a service rendered by a hotel, motel, or apartment development.
A swimming pool located on a single-family lot with a residence
on it and used as an accessory to the residence, and the pool is utilized
with no admission charges and not for the purpose of profit.
The same as "swimming pool, commercial."
A work arrangement for performing work electronically from
a dwelling solely by a member of the household.
A nonpermanent sign erected, affixed, or maintained on a
premises for a short, usually fixed, period of time.
Lands which are washed by tidal flows in accordance with
the NJDEP Tideland Council maps which are on file with the NJDEP and
Borough Clerk.
The original upper layer of soil material to a depth of six
inches which is usually darker and richer than the subsoil.
An area of land consisting of one or more contiguous lots
under single ownership or control, used for development or for a common
purpose. Tract interchangeable with the words, development area, site
and property.
A typed or printed verbatim record, or reproduction thereof,
of the proceedings of the Municipal Agency.
A single or one-way vehicle movement to or from the property
or study area. "Trips" can be added together to calculate the total
number of vehicles expected to enter and leave a specific land use
or site over a designated period of time.
Urban Land Institute.
The New Jersey Uniform Construction Code, N.J.S.A. 52:27D-122
et seq. (N.J.A.C. 5:23-1.1 et seq.)
United States Coast and Geodetic Survey.
The specific purposes for which a parcel of land or a building
or a portion of a building is designed, arranged, intended, occupied
or maintained. The term "permitted use" or its equivalent shall not
be deemed to include any nonconforming use.
Essential services including, but not limited to sewers,
water, electricity, gas, and telephone, regulated by the State of
New Jersey or by the Federal government.
Permission to depart from the literal requirements of zoning
regulations of this chapter pursuant to N.J.S.A. 40:55D-40b, and N.J.S.A.
40:55D-70c and 70d.
The view by the public of a building, structure, object,
or site from any point on a street or walkway which is used as a public
thoroughfare, either vehicular and/or pedestrian.
A sign attached directly to an exterior wall of a building
or dependent upon a building for support with the exposed face of
the sign located in a place substantially parallel to such exterior
building wall to which the sign is attached or supported by.
Any structure designed for or utilized primarily for the
storage of goods and materials. The term shall include self-storage,
mini, or other form of commercial warehouse activities.
Channel or canal for the conveyance of water, particularly
drainage lands.
An area regulated by the New Jersey Freshwater Wetlands Act
(N.J.S.A. 13:9B-1 et seq.) that is inundated or saturated by surface
water or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances does support, a prevalence of
vegetation typically adapted for life in saturated soil conditions,
commonly known as hydrophytic vegetation.
Areas known as marshes, swamps or other lowland subject to
tidal action or any area now or formerly connected to tidal waters,
whose surface is at or below an elevation of one foot above local
extreme high water and of which vegetation unique to tidal marshes,
swamps or lowlands has become adopted. This definition shall include,
but is not limited to, all the mapped New Jersey State wetlands.
A sign painted onto the interior of a window or door of a
building which is intended for viewing from the exterior of such building.
Any area within a tract covered by trees, woods or forests,
including closely grouped or stands of 10 or more mature or specimen
trees of six-inch caliper or greater; or individual shade and specimen
trees of twelve-inch caliper or greater, or individual ornamental
trees of four-inch caliper or greater.
The space which lies between a building or structure and
a lot line. A yard is to be unoccupied and unobstructed from the ground
upward except as herein permitted. Yards will be identified as either
front yard, side yard or rear yard.
A yard extending across the full width of the lot and lying
between the front line of the lot and the nearest line of a building
or structure. The depth of the front yard shall be measured at right
angles to the front line of the lot.
A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of a building
or structure. The depth of a rear yard shall be measured at right
angles to the rear of the lot in the same manner as specified herein
for the measurement of lot depth.
A yard between the side line of the lot and the nearest line
of a building or structure and extending from the front yard to the
rear yard, or in the absence of either of such yards, to the front
or rear lot lines as the case may be. The width of a side yard shall
be measured at right angles to the side line of the lot.
The same as district.
The municipal official designated to enforce the provisions
of this chapter.
The same as development permit.
[Ord. B-417 § 3.1,1998; 2002 Code § 16.12.010]
a.
Establishment. The Planning Board presently in existence pursuant
to N.J.S.A. 40:55D-23 is continued to consist of nine members of the
following four classes and two alternates all of whom shall be municipal
residents except for the Class II members, as set forth below.
1.
Class I. The Mayor, or the Mayor's designee in the absence of the
Mayor.
2.
Class II. One of the officials of the Borough other than the Mayor
or a member of the Borough Council to be appointed by the Mayor; provided
that if there is an Environmental Commission, the member of the Environmental
Commission who is also a member of the Planning Board as required
by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Planning Board
member if there is both a member of the Zoning Board of Adjustment
and a member of the Board of Education among the Class IV members
or alternate members.
3.
Class III. A member of the Borough Council to be appointed by it.
4.
Class IV. Six other citizens of the Borough to be appointed by the
Mayor. The members of Class IV shall hold no other municipal office,
position or employment except that one member may be a member of the
Zoning Board of Adjustment and one may be a member of either the Board
of Education of either the Fair Haven Board of Education or the Rumson-Fair
Haven Regional High School Board of Education. A member of the Environmental
Commission who is also a member of the Planning Board as required
by N.J.S.A. 40:56A-2 shall be a Class IV Planning Board member unless
there be among the Class IV or alternate members of the Planning Board
both a member of the Zoning Board of Adjustment and a member of the
Board of Education, in which case the member of the Environmental
Commission shall be deemed to be the Class II member of the Planning
Board. For the purpose of this section, membership on a municipal
board or commission whose function is advisory in nature, and the
establishment of which is discretionary and not required by statute,
shall not be considered the holding of municipal office.
5.
Alternates. The Mayor shall also appoint two alternate members who
shall meet the qualifications of Class IV members. Alternate members
shall be designated by the Mayor at the time of appointment as "Alternate
No. 1" and "Alternate No. 2."
b.
Terms. The term of the member composing Class I shall correspond
to his official tenure, or, if the member is the Mayor's designee
in the absence of the Mayor, the designee shall serve at the pleasure
of the Mayor during the Mayor's official tenure. The terms of the
members composing Class II and Class III shall be for one year or
terminate at the completion of their respective terms of office whichever
occurs first, except for a Class II member who is also a member of
the Environmental Commission. The term of a Class II or a Class IV
member who is also a member of the Environmental Commission shall
be for three years or terminate at a completion of his term of office
as a member of the Environmental Commission, whichever comes first.
The term of a Class IV member who is also a member of the Zoning
Board of Adjustment or the Board of Education shall terminate whenever
he is no longer a member of such other body or at the completion of
his Class IV term, whichever occurs first.
The terms of all Class IV members first appointed pursuant to
N.J.S.A. 40:55D-23 shall be so determined that to the greatest practicable
extent the expiration of such term shall be evenly distributed over
the first four years after their appointment, provided, however, that
no term of any member shall exceed four years and further provided
that nothing herein shall affect the term of any present member of
the planning Board, all of whom shall continue in office until the
completion of the term for which they were appointed. Thereafter,
all Class IV member shall be appointed for terms of four years, except
as otherwise herein provided. All terms shall run from January 1 of
the year in which the appointment was made.
The terms of alternate members shall be two years, except that
the terms of the alternate members shall be such that the term of
not more than one alternate member shall expire in any one year; provided,
however, that in no instance shall the terms of the alternate members
first appointed exceed two years. A vacancy occurring otherwise than
by expiration of term shall be filled by the appointing authority
for the unexpired term only.
Alternate members may participate in all matters, but may not
vote except in the absence or disqualification of a regular member
of any class. Participation of alternate members shall not be deemed
to increase the size of the Planning Board. A vote shall not be delayed
in order that a regular member may vote instead of an alternate member.
In the event that a choice must be made as to which alternate member
is to vote, Alternate No. 1 shall vote.
c.
Conflicts and Lack of Quorum. No member or alternate member of the
Planning Board shall be permitted to act on any matter in which he
has, either directly or indirectly, any personal or financial interest.
If the Planning Board lacks a quorum because any of its regular or
alternate members is prohibited by N.J.S.A. 40:55D-23 or N.J.S.A.
40:55D-23.1 from acting on a matter due to the member's personal or
financial interests therein, regular members of the Board of Adjustment
shall be called upon to serve, for that matter only, as temporary
members of the Planning Board in order of seniority of continuous
service to the Board of Adjustment until there are the minimum number
of members necessary to constitute a quorum to act upon the matter
without any personal or financial interest therein, whether direct
or indirect. If a choice has to be made between regular members of
equal seniority, the Chairman of the Board of Adjustment shall make
the choice.
d.
Vacancies. If a vacancy of any class shall occur otherwise than by
expiration of term, it shall be filled by appointment, as above provided,
for the unexpired term only.
e.
Removal. Any member other than a Class I member, after a public hearing
if he requests one, may be removed by the Borough Council for cause.
f.
Organization of Board. The Planning Board shall elect a Chairman
and Vice Chairman from the members of Class IV and select a Secretary
who may be either a member or alternate member of the Planning Board
or a municipal employee designated by it. An alternate member shall
not serve as Chairman or Vice Chairman of the Planning Board.
g.
Planning Board Attorney. There is created the office of Planning
Board Attorney. The Planning Board may annually appoint, fix the compensation
of or agree upon the rate of compensation of the Planning Board Attorney
who shall be an attorney other than the Borough Attorney. The Board
shall not expend an amount, exclusive of gifts or grants, in excess
of the amount appropriated by the Council for its use.
h.
Expenses, Experts and Staff. The Borough Council shall make provisions
in its budget and appropriate funds for the expenses of the Planning
Board. The Planning Board may employ or contract for the services
of experts and other staff and services as it may deem necessary.
The Planning Board shall not, however, exceed, exclusive of gifts
or grants, the amount appropriated by the Borough Council for its
use.
i.
Powers and Duties. The Planning Board shall adopt such rules and
regulations as may be necessary to carry into effect the provisions
and purposes of this chapter. In the issuance of subpoenas, administration
of oaths and taking of testimony, the provisions of the County and
Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall
apply. The Planning Board shall have the following powers and duties:
1.
To prepare and, after public hearing, adopt or amend a master plan
or component parts thereof, to guide the use of lands within the Borough
in a manner which protects public health and safety and promotes the
general welfare, in accordance with the provisions of N.J.S.A. 40:55D-28;
2.
To administer site plan and land subdivision review in accordance
with the provisions of this chapter and N.J.S.A. 40:55D-37 through
59;
3.
To grant exceptions from certain requirements for subdivisions and
site plan approval pursuant to N.J.S.A. 40:55D-51;
4.
To approve conditional use applications in accordance with the provisions
of this chapter and pursuant to N.J.S.A. 40:55D-67;
5.
To consider and make report to the Borough Council within 35 days
after referral as to any proposed development regulation submitted
to it pursuant to the provisions of N.J.S.A. 40:55D-26(a). The report
shall include identification of any provisions in the proposed development
regulation, revision or amendment which are inconsistent with the
master plan and recommendations concerning these inconsistencies and
any other matters as the Board deems appropriate. The Borough Council
when considering the adoption of a development regulation, revision
or amendment thereto, shall review the report of the planning Board
and may disapprove or change any recommendation by a vote of a majority
of its full authorized membership and shall record in its minutes
the reason for not following such recommendation. Failure of the Planning
Board to transmit its report within the thirty-five-day period provided
herein shall relieve the Borough Council from the requirements of
this subsection in regard to the proposed development regulation,
revision or amendment thereto referred to the Planning Board. Nothing
in this section shall be construed as diminishing the application
of the provisions of N.J.S.A. 40:55D-32 to any official map or an
amendment or revision thereto or of N.J.S.A. 40:55D-62 to any zoning
ordinance or any amendment or revision thereto.
6.
To participate in the preparation and review of programs or plans
required by State or Federal law or regulations;
7.
To assemble data on a continuing basis as part of a continuing planning
process;
8.
To annually prepare a program of municipal capital improvement projects
over a term of six years, and amendments thereto, and recommend same
to the Borough Council pursuant to the provisions of N.J.S.A. 40:55D-29;
9.
When reviewing applications for approval of subdivision plats, site
plans or conditional uses, to grant to the same extent and subject
to the same restrictions as the Zoning Board of Adjustment;
(a)
Variances pursuant to N.J.S.A. 40:55D-70(c);
(b)
Direction pursuant to N.J.S.A. 40:55D-34 for issuance of permit
for building or structure in the bed of a mapped street or public
drainage way, flood control basin or public area reserved pursuant
to N.J.S.A. 40:55D-32;
(c)
Direction pursuant to N.J.S.A. 40:55D-36 for issuance of a permit
for a building or structure not related to a street.
Whenever relief is requested pursuant to this subsection, notice
of a hearing on the application for development shall include reference
to the request for a variance or direction for issuance of a permit
as the case may be;
10.
Review of capital projects pursuant to N.J.S.A. 40:55D-31;
11.
To perform such other advisory duties as are assigned to it by ordinance
or resolution of the Borough Council for the aid and assistance of
the Borough Council or other Borough bodies, agencies, or officers;
12.
The Borough Council may, by ordinance, provide for the reference
of any matters or class of matters to the Planning Board before final
action thereon by a municipal body or municipal officer having final
authority hereon except for any matter under the jurisdiction of the
Board of Adjustment. Whenever the Planning Board shall have made a
recommendation regarding a matter authorized by ordinance to another
municipal body, such recommendation may be rejected only by a majority
of the full authorized membership of such other body.
j.
Citizens Advisory Council. The Mayor may appoint one or more persons
as a Citizens Advisory Council to assist or collaborate with the Planning
Board in its duties, but such person or persons shall have no power
to vote or take other action required by the Board. Such person or
persons shall serve at the pleasure of the Mayor.
k.
Environmental Commission. Whenever the Environmental Commission has
prepared and submitted to the Planning Board as index of the natural
resources of the municipality, the Planning Board shall make available
to the Environmental Commission an informational copy of every application
for development to the Planning Board. Failure of the Planning Board
to make such informational copy available to the Environmental Commission
shall not invalidate any hearing or proceeding.
l.
Simultaneous Review. The Planning Board shall have the power to review
and approve or deny conditional uses or site plans simultaneously
with review for subdivision approval without the developer being required
to make further application to the Planning Board, or the Planning
Board being required to hold further hearings. The longest time period
for action by the Planning Board, whether it be for subdivision, conditional
use or site plan approval, shall apply. Whenever approval of a conditional
use is requested by the developer, notice of the hearing on the plat
shall include reference to the request for such conditional use.
m.
Referrals from Zoning Board of Adjustment. The Planning Board shall
receive and act on all referrals from the Zoning Board of Adjustment
in a timely manner so that the Zoning Board will receive the advice
of the Planning Board within 45 days of the referral.
The Planning Board shall review the material referred and may
make recommendations to the Zoning Board of Adjustment in writing
and/or at the public hearing on the application. The Planning Board's
recommendations may contain the Planning Board's opinion as to the
compatibility of the proposal to the master plan; applications which
may have been or are currently being processed by the Planning Board
for similar uses; land use, traffic and other data relevant to the
application which the Planning Board has in its files, and what conditions,
if any, the Planning Board recommend be imposed on the applicant to
improve compatibility with the master plan and this chapter should
the Zoning Board of Adjustment grant the variance.
[Ord. B-417 § 3.2, 1998; 2002 Code § 16.12.020]
a.
Establishment. The Zoning Board of Adjustment presently in existence
pursuant to N.J.S.A. 40:55D-69 is continued to consist of seven regular
members, and two alternate members who shall be residents of the Borough
and appointed by the Mayor and confirmed by the Borough Council.
b.
Terms. The members of the Board of Adjustment shall continue until
their respective terms expire. Thereafter, the terms of each member
shall be four years from January 1 of the year of their appointment.
The terms of members first appointed under this section shall be so
determined that, to the greatest practicable extent, the expiration
of such terms shall be distributed, in the case or regular members,
evenly over the first four years after their appointment and, in the
case of alternate members, evenly over the first two years after their
appointment; provided that the initial term of no regular member shall
exceed four years and that the initial term of no alternate member
shall exceed two years. Thereafter, the term of each regular member
shall be four years and the term of each alternate member shall be
two years.
c.
Alternates.
1.
The Mayor may appoint and the Council confirm two alternate members
who shall be designated at the time of their appointment as "Alternate
No. 1" and "Alternate No. 2." Alternate members shall meet the same
qualifications as regular members.
2.
Alternate members may participate in all matters, but may not vote
except in the absence or disqualification of a regular member. Participation
of alternate members shall not be deemed to increase the size of the
Zoning Board of Adjustment. A vote shall not be delayed in order that
a regular member may vote instead of an alternate member. In the event
that a choice must be made as to which alternate member is to vote,
Alternate No. 1 shall vote.
d.
Conflicts and Lack of Quorum. No member of the Board of Adjustment
shall be permitted to act on any matter in which he has, either directly
or indirectly, any personal or financial interest. No member may hold
elective office or position under the municipality. If the Board of
Adjustment lacks a quorum because any of its regular or alternate
members is prohibited by N.J.S.A. 40:55D-69 from acting on a matter
due to the member's personal or financial interests therein, Class
IV members of the Planning Board shall be called upon to serve, for
that matter only, as temporary members of the Board of Adjustment
in order of seniority of continuous service to the Planning Board
until there are the minimum number of members necessary to constitute
a quorum to act upon the matter without any personal or financial
interest therein, whether direct or indirect. If a choice has to be
made between Class IV members of equal seniority, the Chairman of
the Planning Board shall make the choice.
e.
Vacancies. A vacancy occurring otherwise than by expiration of term
shall be filled for the unexpired term only, as here and above provided.
f.
Removal. A member may, after public hearing if he requests it, be
removed by the Borough Council for cause.
g.
Officers. The Board of Adjustment shall elect a Chairman and Vice
Chairman from its regular members and shall select a Secretary who
may or may not be a Board member of another municipal employee.
h.
Board of Adjustment Attorney. There is created the office of Attorney
to the Zoning Board of Adjustment. The Zoning Board of Adjustment
may annually appoint, fix the compensation of or agree upon the rate
of compensation of or agree upon the rate of compensation of the Zoning
Board of Adjustment Attorney, who shall be an attorney other than
the Borough Attorney. The Board shall not, however, expend an amount
exclusive of gifts or grants, in excess of the amount appropriated
by the Borough Council for its use.
i.
Expenses, Experts and Staff. The Borough Council shall make provisions
in its budget and appropriate funds for the expenses of the Board
of Adjustment. The Zoning Board of Adjustment may also employ or contract
for and fix the compensation of such experts and other staff and services
as it may deem necessary. The Board shall not authorize expenditures
which exceed, exclusive of gifts or grants, the amount appropriated
by the Borough Council for its use.
j.
Rules and Regulations. The Board shall adopt such rules and regulations
as may be necessary to carry into effect the provisions and purposes
of this chapter.
k.
Powers of the Zoning Board of Adjustment.
1.
The Board of Adjustment shall have the power to:
(a)
Hear and decide appeals where it is alleged by the appellant
that there is error in any order, requirement, decision or refusal
made by an administrative official or agency based on or made in the
enforcement of the provisions of this chapter adopted pursuant to
N.J.S.A. 40:55D-62 through 68.
(1)
Appeals to the Board of Adjustment may be taken by an interested
party. Each appeal shall be taken within 20 days prescribed by N.J.S.A.
50:55D-72 by filing a notice of appeal with the officer from whom
the appeal was taken, together with three copies of the notice with
the Secretary of the Board of Adjustment. The notice of appeal shall
specify the grounds for the appeal. The officer from whom the appeal
is taken shall immediately transmit to the Board all the papers constituting
the record upon which the action appealed from was taken.
(2)
An appeal stays all proceedings in furtherance of the action
in respect of which the decision appealed from was made, unless the
officer from whom the appeal is taken certifies to the Board of Adjustment
after the notice of appeal shall have been filed with him that by
reason of facts stated in the certificate a stay would, in his opinion,
cause imminent peril to life or property. In such cases, proceedings
shall not be stayed otherwise than by a restraining order which may
be granted by the Board of Adjustment or by the Superior Court of
New Jersey on application or notice to the officer from whom the appeal
is taken and on due cause shown.
(3)
The Board of Adjustment may, in conformity with the provisions
of N.J.S.A. 40:55D-1 et seq., reverse or affirm wholly or partly or
may modify the order, requirements, decision or determination appealed
from, and make such other requirement, decision or determination a
sought to be made, and to that end have all the powers of the administrative
officer from whom the appeal was taken.
(b)
Hear and decide requests for interpretation of the zoning map
or zoning provisions of this chapter adopted pursuant to N.J.S.A.
40:55D-62 through 68, or for decisions upon other special questions
upon which such Board is authorized by this chapter to pass.
(c)
Grant, upon an application or an appeal, relief from regulations
pursuant to N.J.S.A. 40:55D-62 through 68, except those departures
enumerated in N.J.S.A. 40:55D-70d, where:
(1)
The strict application of such
regulation would result in peculiar and exceptional practical difficulties
to, or exceptional and undue hardship upon the developer of a property
for any of the following reasons:
i.
By reason of exceptional narrowness, shallowness or shape of
the specific piece of property; or
ii.
By reasons of exceptional topographic conditions or physical
features uniquely affecting the specific piece of property; or
iii.
By reason of an extraordinary and exceptional
situation uniquely affecting a specific piece of property or the structures
lawfully existing thereon; or
(2)
The purposes of N.J.S.A. 40:55D-1 et seq. would be advanced
by a deviation from the zoning ordinance requirements and the benefits
of the deviation would substantially outweigh any detriment, and further
provided that the fact that a proposed use is an inherently beneficial
use shall not be dispositive of a decision on a variance under this
subsection.
(d)
Grant, upon an application or an appeal, in particular cases
and for special reasons, by affirmative vote of at least five members,
a variance to allow departures from regulations pursuant to N.J.S.A.
40:55D-62 through 68 to permit the following:
(1)
A use or principal structure in a district restricted against
such use or principal structure;
(2)
An expansion of a nonconforming use;
(3)
Deviation from a specification or standard pertaining solely
to a conditional use;
(4)
An increase in the permitted floor area ratio as defined in
N.J.S.A. 40:55D-4;
(5)
An increase in the permitted density as defined in N.J.S.A.
40:55D-4 except as applied to the required lot area for a lot or lots
for detached one or two dwelling unit buildings which lot or lots
are either an isolated undersized lot or lots resulting from a minor
subdivision;
(6)
A height of a principal structure which exceeds by 10 feet or
10% the maximum height permitted in the district for a principal structure.
If an application for development requests one or more variances
but not a variance for a purpose enumerated under paragraphs k1(d)
of this subsection, the decision on the requested variance or variances
shall be rendered under paragraph k1(c) of this subsection.
No variance or other relief may be granted under the terms of
N.J.S.A. 40:55D-70d, including a variance or other relief involving
an inherently beneficial use, without a showing that such variance
or other relief can be granted without substantial detriment to the
public good and will not substantially impair the intent and purpose
of the zone plan and this chapter. An application under this subsection
may be referred to any appropriate person or agency, provided such
reference shall not extend the period of time within which the Board
of Adjustment shall act.
2.
The Board of Adjustment shall have the power to grant to the same extent and subject to the same restrictions as the Planning Board subdivision or site plan approval pursuant to N.J.S.A. 40:55D-37 through 59 or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the proposed development requires approval by the Board of Adjustment of a variance pursuant to N.J.S.A. 40:55D-70d. The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and zoning regulations. The number of votes of the Board members required to grant any such subsequent approval shall be as otherwise provided in N.J.S.A. 40:55D-1 et seq. for the approval in question, and the special vote pursuant to the aforesaid subsection d of N.J.S.A. 40:55D-70 shall not be required.
3.
The Board of Adjustment shall have the power to direct issuance of
a permit pursuant to N.J.S.A. 40:55D-34 for a building or structure
in the bed of a mapped street or public drainage way, flood control
basin or public area reserved on the official map. The Board of Adjustment
shall not exercise the power otherwise granted by this section if
the proposed development required approval by the Planning Board of
a subdivision, site plan, or conditional use in conjunction with which
the Planning Board has the power to direct the issuance of a permit
pursuant to N.J.S.A. 40:55D-60b.
4.
The Board of Adjustment shall have the power to direct issuance of
a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure
not related to a street. The Board of adjustment shall not exercise
the power otherwise granted by this section if the proposed development
required approval by the Planning Board of a subdivision, site plan,
or conditional use in conjunction with which the Planning Board has
the power to direct the issuance of a permit pursuant to N.J.S.A.
40:55D-60c.
l.
The Zoning Board of Adjustment shall, at least once a year, review
its decision on applications and appeals for variances and prepare
and adopt by resolution a report on its findings on zoning ordinance
provisions which were the subject of variance requests and its recommendations
for zoning ordinance amendment or revision, if any. The Zoning Board
shall send copies of the report and resolution to the Borough Council
and the Planning Board.
[Ord. B-417 § 3.3, 1998; 2002 Code § 16.12.030]
a.
Meetings.
1.
Every Municipal Agency shall by its rules fix the time and place
for holding its regular meetings for business authorized to be conducted
by such agency. Regular meetings of the Municipal Agency shall be
scheduled not less than once a month and shall be held as scheduled
unless canceled for lack of applications for development to process.
2.
The Municipal Agency may provide for special meetings, at the call
of the Chairman, or on the request of any two of its members, which
shall be held on notice to its members and the public in accordance
with municipal regulations and N.J.S.A. 10:4-6 et seq.
3.
No action shall be taken at any meeting without a quorum being present.
4.
All action shall be taken by a majority vote of members of the Municipal
Agency present at the meeting except as otherwise required by N.J.S.A.
40:55D-32, -34, -62, -63 and subsections -17e, -26a and b and -70d.
Failure of a motion to receive the number of votes required to approve
an application for development shall be deemed an action denying the
application. Nothing herein shall be construed to contravene any act
providing for procedures for Governing Bodies.
5.
All regular meetings and all special meetings shall be open to the
public. Notice of all such meetings shall be given in accordance with
the requirements of the Open Public Meeting Law, N.J.S.A. 10:4-6 et
seq.
6.
An executive session for the purpose of discussing and studying any
matters to come before the agency shall not be deemed a regular or
special meeting within the meaning of N.J.S.A. 40:55D-I et seq.
b.
Minutes. Minutes of every regular or special meeting shall be kept
and shall include the names of the persons appearing and addressing
the Municipal Agency and of the persons appearing by attorney, the
action taken by the Municipal Agency, the findings, if any, made by
it and reasons therefor. The minutes shall thereafter be made available
for public inspection during normal business hours at the office of
the Administrative Officer (Planning Board or Board of Adjustment
Secretary). Any interested party shall have the right to compel production
of the minutes for use as evidence in any legal proceedings concerning
the subject matter of such minutes. Such interested party may be charged
a reasonable fee for reproduction of the minutes in an amount sufficient
to cover the cost of such reproduction of the minutes for his use.
c.
Hearings.
1.
Required Hearings. The Planning Board and Zoning Board of Adjustment
shall hold a hearing on each application for development.
2.
Rules for Conducting Hearings. The Planning Board and Board of Adjustment
shall make rules governing the conduct of hearings before such bodies
which rules shall not be inconsistent with the provisions of N.J.S.A.
40:55D-1 et seq. or this chapter.
3.
Filing of Documents. Any maps and documents for which approval is
sought at a hearing shall be on file and available for public inspection
at least 10 days before the date of the hearing during normal business
hours in the office of the Administrative Officer (Planning Board
or Board of Adjustment Secretary). The applicant may produce other
documents, records or testimony at the hearing to substantiate or
clarify or supplement the previously filed maps and documents.
4.
Oaths. The officer presiding at the hearing or such person as he
may designate shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
evidence, including witnesses and documents presented by the parties,
and the provisions of the County and Municipal Investigations Law,
N.J.S.A. 2A:67A-1 et seq., shall apply.
5.
Testimony. The testimony of all witnesses relating to an application
for development shall be taken under oath or affirmation by the presiding
officer and the right of cross examination shall be permitted to all
interested parties through their attorneys, if represented, or directly,
if not represented, subject to the discretion of the presiding officer
and to reasonable limitations as to time and number of witnesses.
6.
Evidence. Technical rules of evidence shall not be applicable to
the hearing, but the Board may exclude irrelevant, immaterial or unduly
repetitious evidence.
7.
Verbatim Recording. The Municipal Agency shall provide for the verbatim
recording of the proceedings by either a stenographer or by mechanical
or electronic means. The Municipal Agency shall furnish a transcript
or duplicate recording in lieu thereof, on request to any interested
party at his expense; provided that the Borough Council may provide
by ordinance for the municipality to assume the expense of any transcripts
necessary for approval to the Borough Council pursuant to N.J.S.A.
40:55D-17 of decisions by the Zoning Board of Adjustment pursuant
to N.J.S.A. 40:55D-70d; up to a maximum amount as specified by the
ordinance.
8.
Transcript Charge. The Municipal Agency in furnishing a transcript
or tape of the proceeding to an interested party at his expense shall
not charge such interested party more than the actual cost of preparing
the transcript or tape. Transcripts shall be certified in writing
by the transcriber to be accurate.
9.
Voting Eligibility. A member or alternate member of a Municipal Agency
who was absent for one or more of the meetings at which a hearing
was held or was not a member of the Municipal Agency at the time shall
be eligible to vote on the matter upon which the hearing was conducted,
notwithstanding his or her absence from one or more of the meetings;
provided, however, that such Board member or alternate member has
available to him or her the transcript or recordings of all of the
hearings from which he or she was absent or was not a member, and
certifies in writing to the Municipal Agency that he or she has read
such transcript or listened to such recording.
d.
Notice Requirements for Hearing. Whenever public notice of a hearing
is required on an application for development, the applicant shall
give notice thereof at least 10 days prior to the date of the hearing
in accordance with the following:
1.
Public notice of hearing on an application for development shall
be given for all the following:
(a)
Appeal or variance pursuant to N.J.S.A. 40:55D-70;
(b)
Directive for issuance of a building permit pursuant to N.J.S.A.
40:55D-34 or N.J.S.A. 40:55D-36;
(c)
Conditional uses pursuant to N.J.S.A. 40:55D-67;
(d)
Preliminary major subdivision plats;
(e)
Preliminary major site plans;
(f)
Extension of approvals for five or more years pursuant to N.J.S.A.
40:55D-52;
(g)
Modification or elimination of a significant condition or conditions
in a memorializing resolution in any situation wherein the application
for development for which the memorializing resolution is proposed
for adoption required public notice;
(h)
Appeals of determinations of administrative officers pursuant
to N.J.S.A. 40:55D-70a;
(i)
Requests for interpretation pursuant to N.J.S.A. 40:55D-70b.
2.
Public notice shall be given by publication in the official newspaper
of the Borough, if there be one, or in a newspaper of general circulation
in the Borough.
3.
Notice of a hearing requiring public notice shall be given to the
owners of all real property as shown on the current tax duplicate
or duplicates located within 200 feet in all directions of the property
which is the subject of such hearing provided that this requirement
shall be deemed satisfied by notice to the (1) condominium association,
in the case of any unit owner whose unit has a unit above or below
it, or (2) horizontal property regime, in the case of any co-owner
whose apartment has, an apartment above or below it.
Notice shall be given by: (1) serving a copy thereof on the
owner as shown on the current tax duplicate or his agent in charge
of the property, or (2) mailing a copy thereof by certified mail to
the property owner at his address as shown on the current tax duplicate.
A return receipt is not required.
Notice to a partnership owner may be made by service upon any
partner. Notice to a corporate owner may be made by service upon its
president, a vice president, secretary or other person authorized
by appointment or by law to accept service on behalf of the corporation.
Notice to a condominium association, horizontal, property regime,
community trust or homeowners' association, because of its ownership
of common elements or areas located within 200 feet of the property
which is the subject of the hearing, may be made in the same manner
as to a corporation without further notice to unit owners, co-owners,
or homeowners on account of such common elements or areas.
4.
Notice of all hearings on applications for development involving
property located within 200 feet of an adjoining municipality shall
be given by personal service or certified mail to the Clerk of such
municipality, which notice shall be in addition to the notice required
to be given to the owners of lands in such adjoining municipality
which are located within 200 feet of the subject premises.
5.
Notice shall be given by personal service or certified mail to the
County Planning Board of a hearing on all applications for development
of property adjacent to an existing County road or proposed road shown
on the official County map or on the, County Master Plan, adjoining
other County land or situated within 200 feet of a municipal boundary.
6.
Notice shall be given by personal service or certified mail to the
Commissioner of the New Jersey Department of Transportation of a hearing
on any application for development of property adjacent to a State
highway.
7.
Notice shall be given by personal service or certified mail to the
State Planning Commission of any hearing on an application for development
of property which exceeds 150 acres or 500 dwelling units. Such notice
shall include a copy of any maps or documents required to be on file
with the Administrative Officer pursuant to N.J.S.A. 40:55D-10b.
8.
Notice of hearings on applications for approval of a major subdivision
or a site plan not defined as a minor site plan requiring public notice
pursuant to paragraph d1 of this subsection shall be given, in the
case of a public utility, cable television company, or local utility
which possesses a right-of-way or easement within the Borough and
which has registered with the Borough in accordance with this subsection,
by (1) serving a copy of the notice on the person whose name appears
on the registration form on behalf of the public utility, cable television
company or local utility or (2) mailing a copy thereof by certified
mail to the person whose name appears on the registration form at
the address shown on that form.
Every public utility, cable television company, and local utility
interested in receiving notice pursuant to this subsection may register
with the Borough if the public utility, cable television company,
or local utility has a right-of-way or easement in the Borough. The
registration shall remain in effect until revoked by the public utility,
cable television company, or local utility or by its successor in
interest.
The Administrative Officer shall adopt a registration form and
shall maintain a record of all public utilities, cable television
companies, and local utilities which have registered with the municipality
pursuant to this subsection. The registration form shall include the
name of the public utility, cable television company, or local utility
and the name, address, and position of the person to whom notice shall
be forwarded, as required pursuant to this subsection. The information
contained therein shall be made available to any applicant, as provided
in N.J.S.A. C.40:55D-12.
The Borough shall impose a registration fee of $10 on any public
utility, cable television company, or local utility which registers
to receive notice pursuant to this subsection.
9.
The applicant shall file an affidavit of proof of service with the
Municipal Agency holding the hearing on the application for the development
in the event that the applicant is required to give notice pursuant
to N.J.S.A. 40:55D-12 and of this chapter.
10.
Any notice made by certified mail as hereinabove required shall be
deemed to be complete upon mailing in accordance with the provisions
of N.J.S.A. 40:55D-14.
11.
Form of Notice. All notices required to be given pursuant to the
terms of this chapter shall state the date, time and place of the
hearing, the nature of the matters to be considered and identification
of the property proposed for development by street address, if any,
or by reference to lot and block numbers as shown on the current tax
duplicate in the Borough Tax Assessor's office and the location and
times at which any maps and documents for which approval is sought
are available for public inspection as required by law.
12.
Notice pursuant to paragraphs d4; d5; d6; and d7 of this subsection
shall not be deemed to be required, unless public notice pursuant
to paragraphs d1 and d2 of this subsection are required.
13.
List of Property Owner Furnished. Upon the written request of an
application, the Tax Assessor shall, within seven days, make and certify
a list from the current tax duplicates of names and addresses of owners
to whom the applicant is required to give notice pursuant to this
chapter. The applicant shall be entitled to rely upon the information
contained in such list, and failure to give notice to any owner not
on the list shall not invalidate any hearing or proceeding. A fee
shall be charged for such list.
e.
Decisions. Each decision on any application for development shall
be reduced to writing and shall include findings of facts and conclusions
based thereon.
1.
Reduction to writing shall be accomplished through:
(a)
A resolution adopted at a meeting held within the applicable
time period for taking action on the application for development;
or
(b)
A resolution adopted at a meeting held not later than 45 days
after the date of the meeting at which action to grant or deny approval
was taken memorializing the action.
(c)
Where the agency fails to adopt a resolution, any interested
party may apply to Superior Court in a summary manner for an order
compelling the agency to reduce its findings and conclusions to writing
within a stated time and the cost of the application, including attorney's
fees, shall be assessed against the municipality.
2.
The following members shall be eligible to vote on the resolution:
(a)
Where the action taken resulted from the failure of a motion
to approve an application those members voting against the motion
for approval shall be the members eligible to vote on the resolution.
(b)
In all other circumstances, only the members who voted for the
action taken shall be eligible to vote on the resolution.
3.
The following shall apply to adoption of the resolution:
(a)
The vote on a resolution shall be deemed to be a memorialization
of the action of the agency and not to be an action of the agency.
(b)
The vote of a majority of those eligible members who are present
at the meeting at which the resolution is presented for adoption shall
be sufficient to adopt the resolution. If only one member who voted
for the action attends the meeting at which the resolution is presented
for adoption, the resolution may be adopted upon the vote of that
member.
(c)
The date of the adoption of the resolution shall constitute
the date of the decision for purposes of the mailings, filings, and
publications required.
4.
Copies of the decision shall be distributed by the Administrative
Officer (Planning Board or Board of Adjustment Secretary) as follows:
(a)
A copy shall be mailed within 10 days of the date of decision
to the applicant, or if represented then to his attorney, without
separate charge.
(b)
A copy shall be filed in the office of the Administrative Officer
and be made available for public inspection during reasonable hours.
(c)
A copy shall be made available to any interested party for a
reasonable fee in an amount sufficient to cover the cost of such copy.
5.
A brief notice of the decision shall be published in the official
newspaper(s) of the Borough.
(a)
Such publication shall be arranged and proof of publication
shall be obtained by the Administrative Officer (Planning Board or
Board of Adjustment Secretary). Nothing herein shall be construed
as preventing the applicant from arranging such publication is he
so desires. The period of time in which an appeal of the decision
may be made shall run from the first publication of the notice whether
arranged by the Borough or the applicant.
(b)
Such notice shall be published within 30 days of the date of
decision, or 20 days of the date of mailing of a copy of the decision
by the Administrative Officer (Planning Board or Board of Adjustment
Secretary), whichever is later, or within such other appropriate period
as may be determined by the Municipal Agency at the time of decision.
(c)
Failure to publish as herein required shall render any approvals
null and void.
f.
Conditional Approvals.
1.
In the event that a developer submits an application for development
proposing a development that is barred or prevented, directly or indirectly,
by legal action instituted by any State agency, political subdivision
or other party to protect the public health and welfare or by a directive
or order issued by any State agency, political subdivision or court
of competent jurisdiction to protect the public health and welfare,
the municipal agency shall process such application for development
in accordance with the provisions of N.J.S.A. 40:55D-1 et seq. and
this chapter, and, if such application for development complies with
the provisions of this chapter, the Municipal Agency shall approve
such application conditioned on removal of such legal barrier to development.
2.
In the event that development proposed by an application for development
requires an approval of a governmental agency other than the Municipal
Agency, the Municipal Agency shall, in appropriate instances, condition
its approval upon the subsequent approval of such governmental agency;
provided that the Municipal Agency shall make a decision on any application
for development within the time period provided in this chapter and
N.J.S.A. 40:44D-1 et seq. or within an extension of such period as
has been agreed to by the applicant unless the Municipal Agency is
prevented or relieved from so acting by the operation of law.
3.
Whenever review or approval of the application by the County Planning
Board is required by N.J.S.A. 40:27-6.3, in the case of a subdivision,
or N.J.S.A. 40:27-6.6, in the case of a site plan, the Municipal Agency
shall condition any approval that it grants upon timely receipt of
a favorable report on the application by the County Planning Board
or approval by the County Planning Board by its failure to report
thereon within the required time period.
4.
The Municipal Agency may impose such other conditions as it deems
appropriate.
5.
In all cases the Municipal Agency shall include a condition of approval
setting forth the time within which all conditions of approval must
be satisfied by the applicant. Failure of the applicant to meet all
conditions of approval within the time specified or within such extensions
thereof as the Municipal Agency may, from time to time, grant upon
the request of the applicant shall render any approvals null and void.
6.
Tolling of Running of Period of Approval. In the event that, during
the period of approval heretofore or hereafter granted to an application
for development, the developer is barred or prevented, directly or
indirectly, from proceeding with the development otherwise permitted
under such approval by a legal action instituted by any State agency,
political subdivision or other party to protect the public health
and welfare or by a directive or order issued by any State agency,
political subdivision or court of competent jurisdiction to protect
the public health or welfare and the developer is otherwise ready,
willing and able to proceed with the development, the running of the
period of approval shall be suspended for the period of time the legal
action is pending or such directive or order is in effect.
g.
Payment of Taxes. Pursuant to the provisions of N.J.S.A. 40:55D-39
and N.J.S.A. 40:55D-65, every application for development submitted
to the Planning Board or to the Zoning Board of Adjustment shall be
accompanied by proof that no taxes or assessments for local improvements
are due or delinquent on the property which is the subject of such
application; or if it is shown that taxes or assessments are delinquent
on the property, any approvals or other relief granted by either Board
shall be conditioned upon either the prompt payment of such taxes
or assessments, or the making of adequate provision for the payment
thereof in such manner that the municipality will be adequately protected.
h.
Time for Decision. After the date in appeal is taken from the decision
of a municipal officer or the submission of a complete application
for development to the Administrative Officer, the approving authority
shall render its decision within the maximum number of days as specified
below or within such further time as may be consented to by the applicant.
Where more than one type of application is involved, the longer time
period shall apply.
|
Type of Application
|
Time Period (days)
|
|---|---|
|
Site plans
| |
|
Minor
|
45
|
|
Preliminary approval (10 acres or less, 10 units
or less)
|
45
|
|
Preliminary approval (more than 10 acres or 10 units)
|
95
|
|
Final approval
|
45
|
|
Subdivisions
| |
|
Minor
|
45
|
|
Preliminary approval (10 lots or less)
|
45
|
|
Preliminary approval (more than 10 lots)
|
95
|
|
Final approval
|
45
|
|
Conditional use authorization
|
95
|
|
Variance
|
120
|
|
Appeal from the decision of a municipal officer
|
20
|
|
Direction for issuance of a building permit
|
120
|
i.
Separation of Applications. A developer whose proposed development
requires a variance or direction of the issuance of a permit may elect
to submit a separate application requesting the variance or direction
of the issuance of a permit and a subsequent application for any required
approval of a subdivision, site plan, or conditional use. The separate
granting of the variance or direction of the issuance of a permit
shall be conditioned upon the granting of all required subsequent
approvals by the same approving authority. No such subsequent approval
shall be granted unless such approval can be granted without substantial
detriment to the public good and without substantial impairment of
the intent and purpose of the zone plan. The number of votes of the
Board members required to grant any such subsequent approval shall
be as otherwise provided for the approval in question, and any special
vote shall not be required. In the event that the developer elects
to submit separate consecutive applications, the time period for granting
or denying each separate application shall be as provided in paragraph
h of this subsection.
j.
Time for Exercise of Variance. Any variance from the terms of any ordinance hereafter granted permitting the erection or alteration of any building, structure or structures or permitting a specified use of any premises, shall expire by limitation unless such construction or alteration shall have been actually commenced on each and every structure permitted by the variance, or unless such permitted use has actually been commenced within 12 months from the date of entry of the decision provided, however, that the running of the period of limitation herein provided shall be suspended from the date of filing an appeal from the decision to the Borough Council or to a court of competent jurisdiction until the termination in any manner of such appeal or proceeding. Where the variance is part of a subdivision or site plan approval, the period of limitation shall coincide with the approval specified in Section 30-4 of this chapter.
[2002 Code § 16.12.040; Ord. No.
7-11-05A, 2005]
a.
Development Permit.
1.
Development permits shall hereafter be secured from the Zoning Officer
prior to:
(a)
Application for and/or issuance of any building permit except
for minor work or ordinary repairs as defined in the Uniform Construction
Code;
(b)
The erection, construction, alteration, repair, remodeling,
conversion, removal or destruction of any building or structure;
(c)
Application for and/or issuance of any permit for a new or expanded
or relocated sign;
(d)
Application for and/or issuance of any permit for erection of
a fence;
(e)
Any change in use or change in nonresidential occupancy;
(f)
The excavation, removal, or addition of soil or fill to or from
any site exceeding 10 cubic yards or any alteration exceeding 5,000
square feet in the natural condition of any undeveloped parcel of
land including but not limited to the alteration of drainage patterns,
removal of soil, regrading, and removal of trees and ground cover
provided, however, that such alterations located on and necessary
to the operation of a farm as defined in this chapter shall not require
a development permit;
(g)
Any use of any portion of any parcel of land for any activity
regulated by this chapter;
(h)
The construction of any site improvement either above or below
ground;
(i)
The issuance of any certificate of occupancy where no building
permit was previously required.
2.
An application for development permit shall be in writing by the
owner or his authorized agent and include the following unless the
Administrative Officer determines that a particular item is not needed
in order to make a decision:
(a)
A statement of the use or intended use or uses of the building,
structure or land;
(b)
An elevation drawn to scale of the building or structure to
be erected including signs to be placed thereon and their content
and manner of construction;
(c)
A plan drawn to scale showing all proposed and/or existing buildings,
signs, parking areas, setbacks, and yard distances in exact location
to street and lot lines;
(d)
The proportion of existing and proposed lot coverage;
(e)
The location of any wetlands, easements, or floodplains.
3.
The Zoning Officer shall take action on a complete application for
a development permit within 45 days of its submission.
4.
Prior to issuance of a development permit, the applicant shall have,
where applicable, secured other required permits including, but not
limited to:
(a)
Access permit from the New Jersey Department of Transportation
and/or Monmouth County Engineering Department;
(b)
Drainage permits from the New Jersey Department of Transportation;
(c)
Stream encroachment permit from the New Jersey Department of
Environmental Protection;
(d)
Coastal Area Facilities Review Act (CAFRA) permit from the New
Jersey Department of Environmental Protection;
(e)
Wetlands permit from the New Jersey Department of Environmental
Protection;
(f)
Riparian construction permit from the New Jersey Department
of Environmental Protection;
(g)
Waterfront development permit from the New Jersey Department
of Environmental Protection;
(h)
Required permits from the United States Army Corps of Engineers
and United States Coast Guard;
(i)
Sewerage and/or industrial waste treatment permit from the New
Jersey Department of Environmental Protection;
(j)
Land disturbance permit from the Freehold Area Soil Conservation
District;
(k)
Floodplain encroachment permit.
5.
Prior to the issuance of a development permit, the applicant shall
have secured all approvals required by this chapter shall have met
any and all conditions of any Municipal Agency approval.
b.
Certificates as to Approval of Subdivision of Land.
1.
The prospective purchaser, prospective mortgagee, or any other person
interested in any land which forms part of a subdivision, or which
formed part of such subdivision three years preceding the effective
date of N.J.S.A. 40:55D-1 et seq., may apply in writing to the Administrative
Officer for issuance of a certificate certifying whether or not such
subdivision has been approved by the Planning Board. Such application
shall contain a diagram showing the location and dimension of the
land to be covered by the certificate and the name and the owner thereof.
2.
The Administrative Officer shall make and issue such certificate
within 15 days after the receipt of such written application and the
fees therefor. The Officer shall keep a duplicate copy of each certificate,
consecutively numbered, including a statement of the fee charged,
in a binder as a permanent record of his office.
3.
Each such certificate shall be designated as certificate as to approval
of subdivision of land, and shall certify:
(a)
Whether there exists in the Borough a duly established Planning
Board and whether there is an ordinance controlling subdivision of
and adopted under the authority of N.J.S.A. 40:55D-1 et seq.
(b)
Whether the subdivision, as it relates to the land shown in
said application, has been approved by the Planning Board, and, if
so, the date of such approval and any extensions and terms thereof,
showing the subdivision of which the lands are a part is a validly
existing subdivision.
(c)
Whether such subdivision, if the same has not been approved,
is statutorily exempt from the requirement of approval as provided
by N.J.S.A. 40:55D-1 et seq.
4.
The Administrative Officer shall be entitled to demand and receive
for such certificate issued by him a reasonable fee in accordance
with the fee schedule.
5.
Any person who shall acquire for a valuable consideration an interest
in the lands covered by such certificates of approval of a subdivision
in reliance upon the information therein contained shall hold such
interest free of any right, remedy or action which could be prosecuted
or maintained by the Borough pursuant to the provisions of N.J.S.A.
40:55D-55.
6.
If the Administrative Officer designated to issue any such certificate
fails to issue the same within 15 days after receipt of an application
and the fees therefor, any person acquiring an interest in the lands
described in such application shall hold such interest free of any
right, remedy or action which could be prosecuted or maintained by
the Borough pursuant to N.J.S.A. 40:55D-55.
7.
Any such application addressed to the Borough Clerk shall be deemed
to be addressed to the proper designated officer and the Borough shall
be bound thereby to the same extent as though the same was addressed
to the designated official.
c.
Construction Permit.
1.
No construction permit shall be issued unless the applicant shall
have first secured a development permit.
2.
No building or structure shall be erected, added to, or structurally
altered until a permit thereon has been issued by the Construction
Official. All applications for such permits shall be in accordance
with the requirements of the New Jersey Uniform Construction Code
(N.J.A.C. 5:23-214).
d.
Certificate of Occupancy.
1.
Development Permit Required. No certificate of occupancy shall be
issued for the use of any building, structure or land unless a development
permit shall have first been issued for the use of such building,
structure, or land.
2.
Uses and Occupancies after the Effective Date of This Chapter. No
building, structure or land shall be occupied or used until such time
as a certificate of occupancy is issued by the Construction Official.
Such certificates shall be issued upon application by the owner,
prospective occupant, or purchaser only after the Construction Official
determines that the facts represented on the application are correct
and that the building, structure or use is in conformance with the
provisions of the Uniform Construction Code and other codes and ordinances
affecting construction and occupancy.
Temporary certificate of occupancy may be issued pursuant to
the provisions of this chapter for any structure or use for which
site plan approval has been secured, but not all conditions of approval
have been complied with.
3.
Existing Uses at the Time of Passage of this Chapter or Any Amendments
Thereto. The prospective purchaser, prospective mortgagee, or any
other person interested in any land or structure may apply in writing
for the issuance of a certificate certifying that the use or structure
legally existed before the adoption of the ordinance codified in this
chapter or the amendment and certifying the extent and kind of use.
The applicant shall have the burden of proof. Application pursuant
hereto shall be made to the Zoning Officer within one year of the
adoption of the chapter or the amendment or at any time to the Board
of Adjustment and shall be accompanied by the established fee. A denial
by the Zoning Officer shall be appealable to the Board of Adjustment
pursuant to N.J.S.A. 40:55D-72 et al.
4.
Change of Nonresidential Occupancy. Whenever there occurs a change
in the occupancy or use of a nonresidential building, structure or
land, a new certificate of occupancy shall be applied for, to ensure
compliance with all applicable codes and ordinances. The Construction
Official may issue such certificate if the Administrative Officer
determines such change in occupancy is not a change in use and that
the applicant has met the requirements of the applicable regulations.
5.
Scope of Certificate of Occupancy. The certificate of occupancy shall
contain sufficient information as to the extent and kind of use or
uses, such that any future investigation of the premises would disclose
the extent to which a use was altered. It shall also indicate whether
such use is a permitted or nonconforming use and the extent to which
the use does not conform to the provisions of this chapter.
6.
Improvement Required. No permanent certificate of occupancy shall
be issued until all required improvements have been installed in accordance
with the provisions of this chapter. A temporary certificate of occupancy
may be issued to permit occupancy for a period not to exceed one year.
If at the end of that period the required improvements have not been
completed, the occupancy permit becomes null and void and the owner
may be subject to the penalties herein defined by this chapter.
e.
Soil Erosion and Sediment Control Plan Certification. Where required,
a soil erosion and sediment control plan certification shall be obtained
from the Freehold Area Soil Conservation District prior to subdivision
or the erection of any structure or the alteration of the existing
grade on any lot. No such certification shall be valid until a development
permit shall have first been issued for the subdivision, building,
structure or use.
[2002 Code § 16.12.050]
a.
It shall be the duty of the Administrative Officer or his designee
to keep a record of all applications, all actions of the Municipal
Agencies, all complaints, all violations noted and a record or any
action taken thereon and all development permits issued together with
a notation of all special conditions involved. He shall file and safely
keep all copies of all plans submitted and the same shall form a part
of the records of his office and shall be available for the use of
the Borough Council and of other officials of the Borough.
b.
The Administrative Office or his designee shall prepare a monthly
report for the Borough Council, summarizing for a period since his
last previous report all development permits issued and all complaints
of violations and the action taken by him consequent thereon. A copy
of each such report shall be filed with the Borough Administrator,
Tax Assessor, Planning Board, Zoning Board of Adjustment, Code Enforcement
Officer, Construction Official and Engineer at the same time it is
filed with the Borough Council.
[2002 Code § 16.12.060]
The duty of administering and enforcing the provisions of this
chapter is conferred upon the Zoning Officer, who shall have such
powers as are conferred by this chapter, and as reasonably may be
implied. In no case shall a development permit be granted for a subdivision
or the construction of or alteration of any building or site where
the proposed construction, alteration or use thereof would be in violation
of any provisions of this chapter. It shall be the duty of the Administrative
officer or his designee 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 this chapter, and the
Officer shall have the right to enter any buildings or premises during
the daytime, or other normal business hours of the premises, in the
course of performing these duties.
[2002 Code § 16.12.070]
In the application and interpretation of this chapter, all provisions
hereof shall be held to be minimum standards or requirements adopted
for the promotion of the public health, safety, convenience, and general
welfare of the Borough. Whenever the requirements of this chapter
are at variance with the requirements of any other lawfully adopted
rules, regulations or ordinances, the most restrictive of those imposing
the higher standard shall govern.
[2002 Code § 16.12.080]
Prior 2002 Code Chapter 16, Land Development, is repealed in its entirety except as indicated herein, and any portions of other ordinances which contain provisions inconsistent with this chapter are repealed to the extent of such inconsistency, except as provided, and, except that any building permit, variance, special use permit, occupancy permit or other permit validly issued pursuant to any such ordinance shall remain valid and effective and shall continue to be governed by the terms and conditions of such ordinance, Historic Preservation Commission as established in Chapter 2, Administration, is retained as currently established.
[2002 Code § 16.12.090]
a.
For any and every violation of the provisions of this chapter, the applicant, subdivider, developer, owner, general agent or contractor of a building or premises where such violation has been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violations have been committed or shall exist, and the owner, general agency, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the general agent, architect, building contractor or any other person who commits, takes part or assists in such violation or who maintains any building or premises in which any such violation shall exist, shall, for each and every day that such violation shall exist, shall for each and every day that such violation continues, be punished in accordance with Chapter 1, Section 1-5.
b.
It shall be a violation of the provisions of this chapter to:
1.
Engage in any of the activities referred to in subsection 30-3.4a of this section prior to issuance of a development permit;
4.
After approval of a development permit, fail to follow, during construction,
the approved site or subdivision plans and/or observe any and all
conditions of approval contained in any resolution of the Municipal
Agency;
6.
Fail to observe any direction of the Administrative Officer or his
designee with regard to the suspension of any work not in conformance
with approved plans or the conditions of any resolution of the Municipal
Agency or of the development permit;
7.
Fail to observe any direction of the Administrative Officer or his
designee with regard to the correction, including time limits imposed
for such correction, of any work not in conformance with the approved
plans or the conditions of any resolution of the Municipal Agency
or of the development permit;
8.
After completion of a development, fail to operate and maintain the site in conformance with the approved plans, any condition of resolution of the Municipal Agency or of the development permit and/or any of the provisions or applicable design standards set forth in Sections 30-7; 30-8 and 30-9 of this chapter.
The above shall not be construed to be an exhaustive list of
those activities or actions or omissions which constitute violations
of this chapter. Engaging in other activities provided by, or failure
to engage in other activities required by this chapter shall also
be considered violations.
c.
If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which municipal approval is required by this chapter pursuant to N.J.S.A. 40:55D-1 et seq., such person shall be subject to a penalty in accordance with Chapter 1, Section 1-5 of this Code and each lot so made may be deemed a separate violation.
In addition to the foregoing, the municipality may institute
and maintain a civil action:
1.
For injunctive relief; and
2.
To set aside and invalidate any conveyance made pursuant to such
a contract of sale provided a certificate as to the approval of subdivision
has not been issued in accordance with this chapter.
In any such action, the transferee, purchaser or grantee shall
be entitled to a lien upon the portion of the land, which the subdivision
was made that remains in the possession of the developer or his assigns
or successors, to secure the return of any deposits made or purchase
price paid, and also, a reasonable search fee, survey expense and
title closing expense, if any. Any such action must be brought within
two years after the date of the recording of the instrument of transfer,
sale or conveyance of the land or within six years, if unrecorded.
d.
If, after final approval, it is discovered that there was any misrepresentation
of any statements or proofs contained in any plat or in any application
for approval or in any representations made to induce approval, the
Municipal Agency or the Borough Council may, in addition to such other
sanctions as are available in the law, revoke the approval of any
plat and proceed as if final approval had not been obtained.
e.
If the developer or agent of the developer shall, after notification by certified mail from the Zoning Officer or Borough Engineer to cease the construction of improvements, cease the use of certain construction methods and procedures, or cease the use of a lack of use of site maintenance methods and procedures which may result in hazards to life, health or property; continue to carry on the activities specifically included in cessation order(s) from the Zoning Officer or Borough Engineer; then any such developer or agent of such developer shall be subject to punishment in accordance with Chapter 1, Section 1-5 of this Code. Each and every day that a developer or agent of a developer operates in violation of this chapter after issuance of a cessation order shall be considered a separate and specific violation.
[2002 Code § 16.12.100]
All amendments to this chapter and to the zoning map, which
forms a part hereof, shall be adopted in accordance with the provisions
of N.J.S.A. 40:55D-1 et seq., as amended and supplemented. The map
and schedule of area, yard and building requirements may be amended
and supplemented by description and reference thereto, without republication
of the entire map or detailed text of the schedule.
[2002 Code § 16.12.110]
If any section, paragraph, subdivision, clause or provision
of this chapter shall be adjudged invalid, such adjudication shall
apply only to the section, paragraph, subdivision, clause or provision
so adjudged, and the remainder of this chapter shall be deemed valid
and effective.
[2002 Code § 16.12.120]
a.
After the effective date of the ordinance adopting this chapter,
all new applications for development shall be subject to the provisions
of this chapter. Within 45 days of submission of any application for
development, the Administrative Officer shall notify the developer
in writing if an application for development is found to be incomplete
or it shall be deemed to be properly submitted and constitute a complete
application 45 days after the submission. If developer is notified
that an application for development is incomplete, the Administrative
Officer shall further notify the developer within 45 days of submission
of all the additional plans and supporting documentation requested
if an application for development is still found to be incomplete
or it shall be deemed to be properly submitted and constitute a complete
application 45 days after submission of all the additional plans and
supporting documentation requested.
b.
All applications for development filed prior to the effective date
of the ordinance codified in this chapter may be continued, subject
to the following:
1.
The time limits for approval by the Municipal Agency set forth within
this chapter shall not apply unless the developer shall notify the
Municipal Agency in writing that he desires the application to be
considered within such time limits. Such letter of notification from
the developer shall constitute the filing of a new application for
development subject to the provisions of paragraph a of this subsection
and all other provisions of this chapter.
2.
If the developer does not notify the Municipal Agency that he desires
the application for development to be considered within the time limits
set forth in this chapter, such application for development shall
be processed and acted pursuant to the procedures heretofore in effect
at the time of such application.
3.
All approvals granted after the effective date of the ordinance codified
in this chapter shall confer upon the applicant all the rights set
forth in this chapter.
[2002 Code § 16.12.130]
Upon adoption of the ordinances codified in this chapter, and
any amendments, the Borough Clerk shall file a copy with the Monmouth
County Planning Board as required by N.J.S.A. 40:55D-16. Any zoning
ordinance or amendment or revision which in whole or in part is inconsistent
with or not designed to effectuate the land use plan element and housing
plan element of the master plan shall not take effect until a copy
of the resolution required by N.J.S.A. 40:55D-62 shall be filed with
the Monmouth County Planning Board.
[2002 Code § 16.12.140; Ord. No.
2007-13 § II; Ord. No.
2007-16 § II; Ord. No.
2008-3; Ord. No. 2008-18; Ord. No. 2010-06; Ord. No. 2010-20; Ord.
No. 2015-13; Ord. No. 2016-05; Ord. No. 2018-16]
The developer shall, at the time of filing an application, pay
a nonrefundable fee to the Borough by cash, certified check, or bank
draft in accordance with the current fee schedule adopted by the Borough
Council on file in the Borough Clerk's office. The fees to be paid
shall be the sum of the fees for the component elements of the plat
or plan. Proposals requiring a combination or approvals such as subdivision,
site plan, and/or variance, shall pay a fee equal to the sum of the
fee for each element. Additional fees may be assessed for extraordinary
review costs not otherwise covered by this section. The amount of
any application filing fees for an informal review shall be a credit
toward fees for an application for development. Additional fees may
be assessed for extraordinary review costs not otherwise covered by
this section as a refundable application escrow fee as specified herein:
|
Application Filing Fees
|
a.
Application
for Development Permit.
|
Zoning Permit Application
(This fee is also stated at subsection 2-56.1)
[Ord. No. 2013-21; amended 12-19-2022 by Ord. No.
2022-18] |
Residential - $100
|
|
Commercial - $200
New Dwelling - $200
|
b.
Minor
Subdivision Approval.
|
Each informal review
|
$100
|
|
Application fee
|
$250
|
|
Plat or deed review fee
|
$100 (per lot)
|
c.
Major
Subdivision Approval.
|
Each informal review
|
$500
|
|
Preliminary application fee
|
$500 (plus $100 per new lot)
|
|
Final application fee
|
50% of preliminary application fee
|
|
Final plat application fee
|
$400
|
|
Final plat review fee
|
$250 (per lot)
|
d.
Minor
Site Plan Approval
|
Each informal review
|
$100
|
|
Application fee
|
$400
|
e.
Major
Site Plan Approval.
|
Each informal review
|
$500
|
|
Preliminary application fee
|
$750
|
|
Final application fee
|
50% of preliminary application fee
|
f.
Extension
of Approval. $250
g.
Variances
|
For all applications relating to single- and/or two-family residential
uses requiring 1 or more bulk variances
|
$250
|
|
For all other applications requiring 1 or more bulk variances
|
$300
|
|
Interpretation of the zoning regulations or map
|
$250
|
|
Use Variance
| |
|
Proposed single- and/or two-family residential uses
|
$300
|
|
For all other use variances
|
$500
|
h.
Conditional
Uses. $250
i.
Public
Hearing.
|
For those development applications which require public notice
and hearing
|
$75
|
j.
Reproduction
of Records.
|
Duplication of tape recordings
|
$75/meeting
|
k.
Change
of Master Plan or Zone Request Application. $300
l.
Escrow
Deposits.
[Ord. No. 2018-16]
1.
In addition to the initial fees or charges as elsewhere set forth,
the municipal agency shall require escrow deposits in accordance with
the provisions of the fee and deposit schedule set forth in this paragraph
l. The Chief Financial Officer of the municipality shall make all
of the payments to professionals for services rendered to the municipality
or approving authority for review of applications for development,
review and preparation of documents, inspection of improvements or
other purposes under the provisions of N.J.S.A. 40:55D-1 et seq. The
application review and inspection charges shall be limited only to
professional charges for review of applications, review and preparation
of documents and inspections of developments under construction and
for review by outside consultants when an application is of a nature
beyond the scope of the expertise of the professionals normally utilized
by the municipality. The only cost that shall be added to any such
charges shall be actual out-of-pocket expenses of such professionals
or consultants including normal and typical expenses incurred in processing
applications and inspecting improvements. No applicant shall be charged
for any municipal, clerical or administrative functions, overhead
expenses, meeting room charges or any of the municipal costs and expenses
except as provided for specifically by statute, nor shall a municipal
professional add any such charge to his bill.
2.
Scope of Reimbursed Services. The municipality shall be entitled
to be reimbursed for the review of applications, both as to completeness
and as to content; for the review and preparation of documents such
as, but not limited to: drafting resolutions, developer's agreements,
and necessary correspondence with applicant or applicant's professionals.
3.
Deposit of Escrow Funds; Refunds. Deposits received from any applicant
in excess of $5,000 shall be held by the Chief Financial Officer in
a special interest-bearing deposit account, and upon receipt of bills
from professionals and approval of said bills as hereinafter provided
for, the Chief Financial Officer may use such funds to pay the bills
submitted by such professionals or experts. The municipality shall
not be required to refund an amount of interest paid on a deposit
which does not exceed $100 for the year. If the amount of interest
exceeds $100, the entire amount shall belong to the applicant and
shall be refunded to him by the municipality annually or at the time
the deposit is repaid or applied for the purposes for which it was
deposited, as the case may be, except that the municipality may retain
for administrative expenses a sum equivalent to no more than 33 1/3%
of that entire amount, which shall be in lieu of all other administrative
and custodial expenses. All sums not actually so expended shall be
refunded to the applicant within 90 days after the final decision
by the appropriate municipal agency with respect to such application,
upon certification by the Board Secretary that such application has
been finally decided.
4.
Payments. Each payment charged to the deposit for review of applications,
review and preparation of documents and inspection of improvements
shall be pursuant to a voucher from the professional which voucher
shall identify the personnel performing the service, and each date
the services were performed, the hours spent to one-quarter hour increments,
the hourly rate and the expenses incurred. All professionals shall
submit vouchers to the Chief Financial Officer of the municipality
on a monthly basis in accordance with the schedules and procedures
established by the Chief Financial Officer. The professional shall
send an informational copy of all vouchers or statements submitted
to the Chief Financial Officer of the municipality simultaneously
to (1) the applicant and (2) the municipal agency for whom said services
were performed.
The Chief Financial Officer shall prepare and send to the applicant
a statement which shall include an accounting of funds listing all
deposits, interest earnings, disbursements and the cumulative balance
of the escrow account. This information shall be provided on a quarterly
basis, if monthly charges are $1,000 or less, or on a monthly basis
if monthly charges exceed $1,000. If an escrow account or deposit
contains insufficient funds to enable the municipality or approving
authority to perform required application reviews or improvement inspections,
the Chief Financial Officer shall provide the applicant with a notice
of the insufficient escrow or deposit balance. In order for work to
continue on the development or the application, the applicant shall
within a reasonable time period post a deposit to the account in an
amount to be agreed upon by the municipality or approving authority
and the applicant. In the interim, any required health and safety
inspections shall be made and charged back against the replenishment
of funds.
5.
Payments Required Prior to Issuance of Permits. No zoning permits,
building permits, certificates of occupancy or any other types of
permits may be issued with respect to any approved application for
development until all bills for reimbursable services have been received
by the municipality from professional personnel rendering services
in connection with such application and payment has been made.
6.
Close Out Procedures. The following close out procedures shall apply
to all deposits and escrow accounts established under the provisions
of N.J.S.A. 40:55D-1 et seq. and shall commence after the approving
authority has granted final approval and signed the subdivision plat
or site plan, in the case of application review escrows and deposits,
or after the improvements have been approved in accordance with N.J.S.A.
40:55D-53, in the case of improvement inspection escrows and deposits.
The applicant shall send written notice by certified mail to
the Chief Financial Officer of the municipality and the approving
authority and to the relevant municipal professional, that the application
or the improvements, as the case may be, are completed. After receipt
of such notice, the professional shall render a final bill to the
Chief Financial Officer of the municipality within 30 days and shall
send a copy simultaneously to the applicant. The Chief Financial Officer
of the municipality shall render a written final accounting to the
applicant on the uses to which the deposit was put within 45 days
of receipt of the final bill. Any balances remaining in the deposit
or escrow account including interest in accordance with N.J.S.A. 40:55D-53.1
shall be refunded to the developer along with the final accounting.
7.
Scope of Charges. All professional charges for review of an application
for development, review and preparation of documents or inspection
of improvements shall be reasonable and necessary, given the status
and progress of the application or construction. Review fees shall
be charged only in connection with an application for development
presently pending before the approving authority or upon review of
compliance with the conditions of approval, or review of requests
for modification or amendment made by the applicant. A professional
shall not review items which are subject to approval by any State
governmental agency and not under municipal jurisdiction except to
the extent consultation with a State agency is necessary due to the
effect of State approvals on the subdivision or site plan.
8.
Limitation of Inspection Fees. Inspection fees shall be charged only
for actual work shown on a subdivision or site plan or required by
an approving resolution. Professionals inspecting improvements under
construction shall charge only for inspections that are reasonably
necessary to check the progress and quality of the work and such inspections
shall be reasonably based on the approved development plans and documents.
9.
Substitution of Professionals. If the municipality retains a different
professional or consultant in the place of a professional originally
responsible for development application review, or inspection of improvements,
the municipality or approving authority shall be responsible for all
time and expenses of the new professional to become familiar with
the application or the project, and the municipality or approving
authority shall not bill the applicant or charge to the deposit or
the escrow account for any such services.
10.
Estimate of Cost of Improvements. The cost of the installation of
improvements for the purposes of N.J.S.A. 40:55D-53 shall be estimated
by the Municipal Engineer based on documented construction costs for
the public improvements prevailing in the general area of the municipality.
The developer may appeal the Municipal Engineer's estimate to the
County Construction Board of Appeals, established pursuant to N.J.S.A.
52:27D-127.
11.
Appeals.
(a)
An applicant shall notify in writing the Governing Body with
copies to the Chief Financial Officer, the approving authority and
the professional whenever the applicant disputes the charges made
by a professional for a service rendered to the municipality in reviewing
applications for development, review and preparation of documents,
inspection of improvements, or other charges made pursuant to N.J.S.A.
40:55D-53.2. The Governing Body or its designee shall within a reasonable
time attempt to remediate any disputed charges. If the matter is not
resolved to the satisfaction of the applicant, the applicant may appeal
to the County Construction Board of Appeals, established pursuant
to N.J.S.A. 52:27D-127 any charge to an escrow account or deposit
by any municipal professional or consultant, or the cost of the installation
of improvements estimated by the Municipal Engineer pursuant to N.J.S.A.
40:55D-53.4. An applicant or his authorized agent shall submit the
appeal in writing to the County Construction Board of Appeals. The
applicant or his authorized agent shall simultaneously send a copy
of the appeal to the municipality, approving authority, and any professional
whose charges are the subject of the appeal. An applicant shall file
an appeal within 45 days from receipt of the informational copy of
the professional's voucher required by subsection N.J.S.A. 40:55D-53.2(c),
except that if the professional has not supplied the applicant with
an informational copy of the voucher, then the applicant shall file
his appeal within 60 days from receipt of the municipal statement
of activity against the deposit or escrow account required by N.J.S.A.
40:55D-53.2(c). An applicant may file an appeal for an ongoing series
of charges by a professional during a period not exceeding six months
to demonstrate that they represent a pattern of excessive or inaccurate
charges. An applicant making use of this provision need not appeal
each charge individually.
(b)
Appeals shall be taken in accordance with the rules and procedures
established by the County Construction Board of Appeals.
(c)
During the pendency of any appeal, the municipality or approving
authority shall continue to process, hear and decide the application
for development and to inspect the development in the normal course
and shall not withhold, delay or deny reviews, inspections, signing
of subdivision plats or site plans, the reduction or the release of
performance or maintenance guarantees, the issuance of construction
permits or certificates of occupancy, or any other approval or permit
because an appeal has been filed or is pending under this subsection.
The Chief Financial Officer of the municipality may pay charges out
of the appropriate escrow account or deposit for which an appeal has
been filed. If a charge is disallowed after payment, the Chief Financial
Officer of the municipality shall reimburse the deposit or escrow
account in the amount of any such disallowed charge or refund the
amount to the applicant. If a charge is disallowed after payment to
a professional or consultant who is not an employee of a municipality,
the professional or consultant shall reimburse the municipality in
the amount of any such disallowed charge.
12.
Escrow Fees. The following minimum sums are required to be deposited
in an escrow account for application to the Planning Board and/or
Board of Adjustment.
(a)
[Ord. No. 2016-13; Ord. No. 2018-16]
|
Residential
|
Escrow
| |
|---|---|---|
|
All single-family residential applications (not
involving subdivision)
|
$1,500 plus $300 per new variance. No escrow payment will be required for existing variances that are not expanded, enlarged or increased as defined in subsection 30-7.3
| |
|
Minor subdivision
|
$2,500
| |
|
Major subdivisions:
| ||
|
0-3 units or lots
|
$3,500
| |
|
Per lot for each lot in excess of 3 lots
|
Plus $2,000
| |
(b)
Nonresidential Development.
Note: Use the greater of the escrow amounts determined from
the floor area and parking space tables below:
[Ord. No. 2016-13; Ord. No. 2018-16]
|
Escrow
| |
|---|---|
|
Based on Floor Area
| |
|
0-1,000 Square Feet, GFA
|
$3,750
|
|
1,001-10,000 Square Feet, GFA
|
$6,000
|
|
10,001-50,000 Square Feet, GFA
|
$9,000
|
|
50,001-100,000 Square Feet, GFA
|
$13,500
|
|
100,000 + Square Feet, GFA
|
$18,000
|
|
Based on Parking Spaces
| |
|
0-5 spaces
|
$3,000
|
|
6-25 spaces
|
$7,500
|
|
26-100 spaces
|
$22,500
|
|
101-500 spaces
|
$30,000
|
|
501+spaces
|
$37,500
|
(c)
[Ord. No. 2016-13; Ord. No. 2018-16]
|
Variances
|
Escrow
| |
|---|---|---|
|
Appeals under 40:55D-70a
|
$500
| |
|
Interpretation or special questions under 40:55D-70c
|
$500
| |
|
Variances under 40:55D-70c
|
Residential $300 per new variance. No escrow payment will be required for existing variances that are not expanded, enlarged or increased as defined in subsection 30-7.3
Nonresidential $500 per new variance. No escrow payment will be required for existing variances that are not expanded, enlarged or increased as defined in subsection 30-7.3
| |
|
Variances under 40:55D-70d
|
$1,000
| |
(d)
|
Conditional Use
|
$750 in addition to site plan escrow amount
| |
(e)
|
Extension of Approval
|
$500
| |
(f)
|
Informal Review
| ||
|---|---|---|
|
Minor subdivision or site plan
|
$500
| |
|
Major subdivision or site plan
|
$1,000
| |
m.
Inspection
and Engineering Fees.
[Ord. No. 2016-13]
1.
Inspection escrow fees for subdivision and/or site plans shall be
5% of all bonded improvements.
2.
Additional Inspection Fee Escrow for Excess Borough Expenses. If
the municipal agency determines that a proposed development involves
unusual or complicated aspects which could result in expense to the
Borough in excess of the inspection fees set forth above, the municipal
agency may, as a condition of, or of any extension of or amendment
to, final approval, require the developer to provide an additional
escrow deposit. Expenses in excess of the normal inspection fees may
be deducted from the escrow deposit. Any balance shall be returned
to the applicant upon release of performance guarantees and/or issuance
of a final certificate of occupancy. In determining the amount of
any escrow required, the municipal agency may consider: the duration
and size of the project; unusual design aspects; the degree and extent
of municipal inspection required and the extent of conformity to normal
municipal design standards.
3.
Engineering Fees.
[Ord. No. 2016-05; amended 12-19-2022 by Ord. No.
2022-18]
|
Engineering (Fees restated at subsection 2-56.1, Fee Schedule)
| |
|
Professional Services for Applications to the Planning
Board or Zoning Board per MLUL N.J.S.A. 40:55D-53.2 (charged to escrow
accounts)
|
$130-180/hour
|
|
Engineering Inspection Certificate Fee (prior to
issuance of Certificate of Occupancy)
|
$150
|
|
Reinspection Fee
|
$75
|
|
Site Visit Inspection
|
$150
|
|
Engineering Development Fee Review
|
$300
|
|
Resubmittal Review
|
$75
|
n.
Reproduction Fees. Costs for reproduction of plats, attachments,
maps or other supporting documentation, maps or other supporting documentation
shall be paid in full by the requestor prior to release in accordance
with current Borough requirements.
o.
Tax Map Revision Fees. A fee of $150 per lot or unit shall be charged
for all minor and major subdivisions, residential unit site plans
or condominium or cooperative residential or commercial development
to cover the cost of revising the Borough tax map. This fee shall
be paid prior to signing of the final plat of a major subdivision
by the Chairman and the Secretary of the Municipal Agency and Borough
Engineer/Surveyor.
p.
Revised Plats. Any proposed revisions to a plat, including all supporting
maps and documents, previously approved by the Planning Board or Board
of Adjustment, which approval is still in effect, shall require submission
of a revised plat and payment of fees in accordance with current Borough
requirements.
1.
Where changes in the plat are requested by the Municipal Agency or
Borough Engineer, no fees need be paid and only sufficient copies
of the plat incorporating the changes as may be necessary for distribution
need be submitted.
2.
Where there are only minor changes in the plat proposed by the applicant
or required by another governmental agency where approval was a condition
of the Planning Board or Board of Adjustment approval, which do not
involve any additional building or parking or, in the opinion of the
Administrative Officer, significant change in the design of the site
or subdivision, an application fee of $50 be required along with sufficient
copies of the plat incorporating the changes as may be necessary for
distribution.
3.
Where there are changes in the plat proposed by the applicant, or
required by another governmental agency whose approval was a condition
of the Planning Board or Board of Adjustment approval, which involve
additional building or parking or, in the opinion of the Administrative
Officer, a significant change in the design of the site or subdivision,
an application fee equal to one-half the fee required for the initial
submissions, will be required along with sufficient copies of the
plat incorporating the changes as may be necessary for distribution.
4.
Where the proposed changes involve a change in use and/or, in the
opinion of the Administrative Officer, a major alteration of the design
concepts of the plat approved by the Municipal Agency, it shall be
considered a new application and shall require the full payment of
fees as set forth in this section for new applications for development.
q.
Grading Permit. Application for engineering review of individual
plot house location/grading plans for fill over 10 cubic yards, $100.
r.
Site Plan Charges Computation for Partial Site Developments. In cases
where only a portion of a parcel of site is to be involved in the
proposed site plan, a site area charge may be charged based upon an
area extending 20 feet outside the limits of all construction including
grading and landscaping as well as all other areas of site the Borough
Engineer believes are reasonably affected by the development application.
The 20 feet around disturbed areas shall not extend beyond the property
lines. The Borough may still require reasonable improvements and upgrading
to portions of the site not within the disturbed or affected areas.
s.
Supervision.
1.
No contractor, builder, developer or subcontractor shall engage any
personnel in any of the work on constructing any improvements unless
they are continually supervised by a competent, English-speaking supervisor
acceptable to the Borough Engineer.
2.
No less than five days prior to commencing construction of any improvements
on the site, the developer or his agent shall provide the Borough
Engineer with the names, addresses, phone number and emergency phone
numbers of the subdivider and/or a representative empowered to act
for the developer and/or each contractor and their supervisor in charge
of the construction, setting forth the aspects of construction for
which each is responsible.
t.
Inspection, Testing and Engineering Administration Fees. Prior to
signing of any final plat, issuance of a development permit or the
start of construction of any more improvements, required by the provisions
of this section, the developer shall deposit by cash or certified
check with the Borough Clerk an amount determined from the schedule
of inspection fees. The amount shall be used to defray the cost of
inspection, testing, engineering, administration, and other costs,
and fees paid by the Borough in connection with the inspection and
acceptance of the installation of the required improvements. All moneys
received on account of engineering and inspection fees shall be deposited
by the Borough in an appropriate account. The Borough shall arrange
for the Borough Engineer, the appropriate municipal officials or other
qualified persons to provide all necessary administrative and engineering
services.
[Added 12-16-2019 by Ord.
No. 2019-12]
The Technical and Design Review Committee is established for
the purpose of reviewing applications for development on any municipally
owned property or with respect to any other proposed development on
commercially zoned property in or about the Borough's downtown, and
to provide recommendations and technical assistance to the Mayor and
Council and the Planning Board regarding the architectural and engineering
design of the proposed development, and to ensure to the largest extent
practicable that said designs are consistent with the intent, purpose,
meaning and spirit of the master plan, and any reexamination report
thereof.
The Technical and Design Review Committee shall consist of four
members, who shall have the following qualifications:
The Technical and Design Review Committee shall be assisted
on each application by a Technical Element Subcommittee, who shall
review each detailed concept plan and site plan application and shall
provide their comments in writing to the full Technical Design and
Review Committee. The members of the Technical Element Subcommittee
shall consist of the following:
a.
The Borough's Fire Department Administrator, who shall provide comments
and recommendations regarding the prevention of code issues and accessibility
by the fire equipment;
b.
Representatives of the Borough's Public Works Department, who shall
provide comments and recommendations regarding public spaces, landscaping,
sanitation, drainage, and water/sewer utility access;
c.
Such additional members as the Mayor and Council may designate from
time to time by resolution; and
d.
The Borough's Director of Code Enforcement, who shall serve as the
Chairman of the Technical Element Subcommittee but shall be entitled
to vote on the comments and recommendations of the Technical Element
Subcommittee only in the event of a tie.
Members of the Technical Design and Review Committee and subcommittees
who are not designated by virtue of their position or title shall
be appointed by the Mayor with the advice and consent of the Borough
Council and shall serve for a term of one year. Prior to commencing
service, all members of the Technical Design and Review Committee
and its subcommittees shall certify that they have read and are familiar
with the Borough's Master Plan, and the subsequent reexamination report
thereof.
The Technical and Design Review Committee shall serve in an
advisory and screening capacity and shall review and make comments
and recommendations with respect to all detailed concept plans submitted
to the Mayor and Council and all site plans submitted to the Planning
Board relating to proposed redevelopments on municipally owned property,
or on any other commercially zoned property in the Borough's downtown.
The Technical and Design Review Committee shall not impose standards
or technical or design requirements that will infringe upon the marketability
or economic feasibility of a project, except in compliance with such
design guidelines as may be adopted from time to time by the Mayor
and Council. The scope and extent of the review engaged in by the
Technical Design and Review Committee and its subcommittees, if any,
shall be proportionate to the nature and extent of the proposed development,
it being understood that smaller projects will be subjected to less-extensive
technical review and comments than larger projects involving greater
bulk and potential impact on the Borough and its infrastructure.
The Technical and Design Review Committee and the Technical
Element Subcommittee shall establish uniform procedures for the sharing
of information and plans, relating to proposed developments subject
to this subsection, and the reporting of the Committee's comments
and recommendations relating to the proposed development to the Mayor
and Council in the case of detailed concept plans and to the Planning
Board in the case of site plans. Nothing contained herein shall preclude
the Mayor and Council from conducting its review of a detailed concept
plan simultaneously or in conjunction with the review of the plan
by the Technical and Design Review Committee. The Technical and Design
Review Committee shall complete its review of proposed site plans
prior to the submission of the site plan to the members of the Planning
Board, and its written comments and recommendations shall be submitted
to the Planning Board members at least 10 days prior to the Planning
Board's hearing with respect to the proposed redevelopment.
The Technical and Design Review Committee, and the Design Element
Subcommittee and Technical Element Subcommittee, shall meet as often
as necessary so as not to delay any application or project. A quorum
based upon physical attendance of members shall not be required for
the conduct of meetings or votes by the Technical and Design Review
Committee or its subcommittees. While physical meetings are preferred,
the Technical and Design Review Committee and the subcommittees are
authorized to rely upon noncontemporaneous written, telephonic or
other electronic communications of the respective members in reaching
a consensus and voting upon the recommendations and comments to be
submitted to the Mayor and Council and/or the Planning Board pursuant
to this subsection. Nothing contained herein shall be construed to
prevent one or more members from submitting a minority report expressing
why he, she or they disagree with the consensus recommendations and/or
comments reached by the majority. The Borough Administrator, or his
or her designee, shall act as the liaison between the Borough Council
and the Technical and Design Review Committee and its subcommittees.
The escrow fee provisions applicable to applications for development
in the Borough shall be applicable to all projects required to be
reviewed by the Technical and Design Review Committee, and the Borough
shall be entitled to deduct from the said escrow the amount of reasonable
fees and expenses charged by the Planning Board's engineer in conducting
the review.
[2002 Code § 16.16.010]
The purpose of this section is to establish the procedure for
review and action on applications requiring subdivision, site plan,
conditional use, or variance approval. The procedure is intended to
provide orderly and expeditious processing of such applications.
In all zones for all proposed uses, subdivision, site development
or construction other than an "exempt development," site plan and/or
subdivision approval shall be required prior to:
a.
Subdivision of land;
b.
Issuance of a development permit or building permit;
c.
Commencement of any regulated use or activity, which includes:
1.
The erection, construction, alteration, repair, remodeling, conversion,
removal or destruction of any building or structures;
2.
The use or occupancy of any building, structure or land;
3.
The subdivision or resubdivision of any land;
4.
Any activity which entails the construction of any improvements or
the alteration of the natural condition of any land.
[2002 Code § 16.16.020]
At the request of the applicant, the Planning Board shall grant
an informal review of a concept plan for a development for which the
applicant intends to prepare and submit an application for development.
The purpose of the concept plan is to provide Planning Board
input in the formative stage of subdivision and site plan design.
[2002 Code § 16.16.030; Ord. No.
2015-14]
a.
Assignment. The applicant shall have the option of filing an application
for development with the Administrative Officer or his designee to
which approvals are required and the appropriate Board for hearing
same, or of filing an application and proceeding before the Board
which the applicant believes to be appropriate. The Administrative
Officer's or his designee's determination shall be presumed to be
correct. The following applications may be filed:
1.
Exempt subdivisions;
2.
Minor subdivisions;
3.
Major subdivision;
4.
Minor site plan;
5.
Major site plan;
6.
Conditional use;
7.
Variance.
8.
Informal review.
[Ord. No. 2015-14]
9.
(Note: Certain applications may involve a combination of actions.
Where an application is filed with the wrong Board, the Board shall
deny the application without prejudice. The applicant may proceed
to the correct approving authority.)
b.
Content. An application for development shall include the items specified in Section 30-12 of this chapter which constitutes a checklist of items to be submitted for subdivision and site plan review. A copy of this checklist shall be completed by the applicant, and submitted with the application form.
c.
Complete Application.
1.
A subdivision and site plan application shall be complete for purposes of commencing the applicable time period for action when so certified by the Administrative Officer or designee. In the event that the Administrative Officer or designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five day period for purposes of commencing the applicable time period unless (1) the application lacks information indicated on the checklist of items specified in Section 30-12 of this chapter, (2) the checklist has been provided in writing to the applicant, and (3) the Municipal Agency of its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the Municipal Agency or its authorized committee shall grant or deny the request within 45 days of the date of its submission. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that the applicant is entitled to approval of the application. The Municipal Agency may subsequently require correction of any information found to be in error and submission of additional information not specified in this chapter or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents required by the Municipal Agency.
2.
An applicant may appeal the Administrative Officer's decision concerning
completeness of an application to the Municipal Agency which has jurisdiction
to hear the application. The Municipal Agency shall have 45 days after
receipt of a written request to schedule a public hearing at which
time the Municipal Agency will determine if the application is complete.
The Board shall affirm, modify, or reverse the decision of the Administrative
Officer.
d.
Informal Review.
An applicant may file an application for an informal review
by the Planning Board or Zoning Board Professionals prior to submission
of an application to either Board.
[Ord. No. 2015-14]
[2002 Code § 16.16.040; Ord. No.
2009-02 § II]
a.
In cases where a proposed development requires a Board of Adjustment action on an application for the grant of a variance pursuant to N.J.S.A. 40:55D-70.d or does not involve a site plan or subdivision but requires a variance pursuant to N.J.S.A. 40:55D-70C or requires the direction for issuance of a building permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36 or where a party requests Board of Adjustment action on an appeal pursuant to N.J.S.A. 40:55D-70.a or on an interpretation pursuant to N.J.S.A. 40:55D-70.b the applicant shall submit to the Administrative Officer 12 copies of the items required in Section 30-12 of this chapter, together with an executed application form, the prescribed fee, and evidence that no taxes or assessments are outstanding against the property. Notwithstanding the aforesaid, the applicant is to submit 21 subdivision plans and/or site plans, five of which shall be full size as required in Section 30-12 of this chapter and 16 of which are to be 11 inches by 17 inches.
b.
The application shall be declared complete or incomplete within a forty-five-day period from the date of its submission according to the provision of subsection 30-4.3c of this chapter.
c.
The Board of Adjustment shall render a decision not later than 120
days after the date (1) an appeal is taken from the decision of an
Administrative Officer, or (2) the submission of a complete application
for development to the Board of Adjustment, (3) failure of the Board
to render a decision within 120-day period or within such further
time as may be consented to by the applicant, shall constitute a decision
favorable to the applicant.
[2002 Code § 16.16.050; Ord. No.
2009-02 § II]
a.
Any applicant requesting approval of a proposed minor subdivision or minor site plan as defined in this title shall submit to the Administrative Officer 12 copies of the items required in Section 30-12 of this chapter, together with an executed application form, the prescribed fee, and evidence that no taxes or assessments are outstanding against the property. Notwithstanding the aforesaid, the applicant is to submit 21 subdivision plans and/or site plans, five of which shall be full size as required in Section 30-12 of this chapter and 16 of which are to be 11 inches by 17 inches.
b.
The application shall be declared complete or incomplete within a forty-five-day period from the date of its submission according to the provisions of subsection 30-4.3c of this chapter.
c.
The minor subdivision or site plan shall be referred to the Planning
Board or, if a variance pursuant to N.J.S.A. 40:55D-70d is required,
to the Zoning Board of Adjustment.
d.
The action of the Municipal Agency under this section must be taken
within 45 days, or 120 days if a variance is required or within such
further time as is agreed to by the applicant and the Municipal Agency.
Failure of the Municipal Agency to act within the period prescribed
shall constitute minor subdivision or site plan approval and a certificate
of Administrative Officer as to the failure of the Municipal Agency
to act shall be issued on request of the applicant; and it shall be
sufficient in lieu of the written endorsement or other evidence of
approval, herein required, and shall be so accepted by the County
Recording Officer for purposes of filing subdivision plats.
e.
Except as provided herein, approval of a minor subdivision shall
expire 190 days from the date on which the resolution of municipal
approval is adopted unless with such period a plat in conformity with
such approval and the provisions of the Map Filing Law, N.J.S.A. 46:23-9.9
et seq., or a deed clearly describing the approved minor subdivision
is filed by the developer with the County Recording Officer, the Municipal
Engineer and the Municipal Tax Assessor as specified by N.J.S.A. 40:55D-1
et seq. Any such plat or deed accepted for such filing shall have
been signed by the chairperson and secretary of the Municipal Agency.
The Planning Board may extend the 190-day period for filing
a minor subdivision plat or deed section if the developer proves to
the reasonable satisfaction of the Planning Board (1) that the developer
was barred or prevented, directly or indirectly, from filing because
of delays in obtaining legally required approvals from other governmental
or quasi-governmental entities, and (2) that the developer applied
promptly for and diligently pursued the required approvals. The length
of the extension shall be equal to the period of delay caused by the
wait for the required approvals, as determined by the Planning Board.
The developer may apply for the extension either before or after what
would otherwise be the expiration date.
The Planning Board shall grant an extension of minor subdivision
approval for a period determined by the Board but not exceeding one
year from what would otherwise be the expiration date, if the developer
proves to the reasonable satisfaction of the Board that the developer
was barred or prevented, directly or indirectly, from proceeding with
the development because of delays in obtaining legally required approvals
from other governmental or quasi-governmental entities, and (2) that
the developer applied promptly for and diligently pursued the required
approvals. The length of the extension shall be equal to the period
of delay caused by the wait for the required approvals, as determined
by the Planning Board. The developer may apply for the extension either
before or after what would otherwise be the expiration date.
The Planning Board shall grant an extension of minor subdivision
approval for a period determined by the Board but not exceeding one
year from what would otherwise be the expiration date, if the developer
proves to the reasonable satisfaction of the Board that the developer
was barred or prevented, directly or indirectly, from proceeding with
the development because of delays in obtaining legally required approvals
from other governmental entities and that the developer applied promptly
for and diligently pursued the required approvals. A developer shall
apply for the extension before (1) what would otherwise be the expiration
date of minor subdivision approval, or (2) the ninety-first day after
the developer receives the last legally required approval from other
governmental entities, whichever occurs later.
f.
The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which minor subdivision and site plan
approval was granted, shall not be changed for a period of two years
after the date on which the resolution of minor subdivision and site
plan approval is adopted, provided that, in the case of a minor subdivision,
the approved minor subdivision shall have been duly recorded.
[2002 Code § 16.16.060; Ord. No.
2009-02 § II]
a.
Preliminary Approval of Major Subdivisions and Major Site Plans.
1.
The applicant seeking preliminary major subdivision or preliminary major site plan approval shall submit to the Administrative Officer 15 copies of the materials stipulated in Section 30-12 of this chapter. Notwithstanding the aforesaid, the applicant is to submit 21 subdivision plans and/or site plans, five of which shall be full size as required in Section 30-12 of this chapter and 16 of which are to be 11 inches by 17 inches.
2.
The application shall be declared complete within a forty-five-day period from the date of its submission according to the provisions of subsection 30-4.3 of this chapter.
3.
The application for major subdivision or major site plan shall be
referred to the Planning Board or, if a variance pursuant to N.J.S.A.
40:55D-70d is required, to the Zoning Board of Adjustment.
4.
A complete application for a subdivision of 10 or fewer lots, or
for a site plan of 10 acres of land or less or 10 dwelling units or
less, shall be acted upon within 45 days of the date of such submission,
or 120 days if a variance is required, or within such further time
as may be consented to by the developer. A subdivision of more than
10 lots, or a site plan that involves more than 10 acres of land or
more than 10 dwelling units, shall be acted upon within 95 days of
the date of such submission, or 120 days if a variance is required,
or within such further time as may be consented to by the developer.
Otherwise, the Municipal Agency shall be deemed to have granted preliminary
subdivision or site plan approval.
b.
Effect of Preliminary Approval of Major Subdivisions and Major Site
Plans. Preliminary approval of a major subdivision and site plan shall,
except as provided in paragraph b4 of this subsection, confer upon
the applicant the following rights for a three-year period from the
date on which the resolution of the preliminary approval is adopted
as specified by N.J.S.A. 40:55D-I et seq.:
1.
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 sizes; yard dimensions and off-tract improvements; and in the
case of a site plan, any requirements peculiar to site plan approval
pursuant to N.J.S.A. 40:55D-1, except that nothing herein shall be
construed to prevent the municipality from modifying by ordinance
such general terms and conditions of preliminary approval as related
to public health and safety;
2.
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 subdivision plan or site plan, as the
case may be;
3.
That the applicant may apply for and the Planning Board may grant
extensions on 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 and improvement standards have been revised
by ordinance, such revised standards may govern;
4.
In the case of a subdivision of or site plan for an area of 50 acres
or more, the Board may grant the rights referred to in paragraphs
b1, b2 and b3 of this subsection for such period of time, longer than
three years, as shall be determined by the Planning Board to be reasonable
taking into consideration (1) the number of dwelling units and no
residential floor area permissible under preliminary approval, (2)
economic conditions, and (3) the comprehensiveness of the development.
The applicant may apply for thereafter and the Planning Board may
thereafter grant an extension to preliminary approval for such additional
period of time as shall be determined by the Planning Board to be
reasonable taking into consideration (1) the number of dwelling units
and nonresidential floor area permissible under preliminary approval,
and (2) the potential number of dwelling units and nonresidential
floor area of the section or sections awaiting final approval, (3)
economic conditions, and (4) the comprehensiveness of the development;
provided that if the design and improvement standards have been revised,
such revised standards may govern;
5.
Where a developer plans to install the improvements prior to final approval, the developer shall submit the engineering plans and specifications for the improvements to the Municipal Engineer and the required fees and insurance certificate to the Municipal Clerk, who shall act upon them within 35 days. In the event of a denial, the specific reasons must be enumerated in letter to the applicant. If revised plans are submitted in response to the denial letter, they shall be approved or denied within 20 days with the same requirements as previously imposed for a denial. After the plans are approved, the developer may install the improvements prior to final approval. In addition to or as part of the performance guarantees, the developer shall be required to furnish a restoration bond for 120% of the maximum cost of restoring the site in the event that the improvements are not complete within two years from the commencement of the work on any section in the development or prior to the expiration of preliminary approval, whichever occurs first. The bond shall either be a security bond, a letter of credit, or an escrow account in accordance with Section 20-10 of this chapter.
6.
Whenever the Planning Board grants an extension of preliminary approval
pursuant to paragraphs b3 or b4 of this subsection, and preliminary
approval has expired before the date on which the extension is granted,
the extension shall begin on what would otherwise be the expiration
date. The developer may apply for the extension either before or after
what would otherwise be the expiration date;
7.
The Planning Board shall grant an extension of preliminary approval
for a period determined by the Board but not exceeding one year from
what would otherwise be the expiration date, if the developer proves
to the reasonable satisfaction of the Board that the developer was
barred or prevented, directly or indirectly, from proceeding with
the development because of delays in obtaining legally required approvals
from other governmental entities and that the developer applied promptly
for and diligently pursued those approvals. A developer shall apply
for the extension before (1) what would otherwise be the expiration
date of preliminary approval, or (2) the ninety-first day after the
developer receives the last legally required approval from the other
governmental entities, whichever occurs later. An extension granted
pursuant to this subsection shall not preclude the Planning Board
from granting an extension pursuant to paragraphs b3 and b4 of this
subsection.
c.
Final Approval of Major Subdivisions and Major Site Plans.
1.
An applicant requesting final approval of a proposed major subdivision and site plan shall submit to the Administrative Officer or other designee, 15 copies of the materials specified in Section 30-12 of this chapter. Notwithstanding the aforesaid, the applicant is to submit 21 subdivision plans and/or site plans, five of which shall be full size as required in Section 30-12 of this chapter and 16 of which are to be 11 inches by 17 inches. Unless the preliminary plat was approved without changes, the final plat shall have incorporated all changes or modifications required by the Municipal Agency. The final plat shall also be accompanied by a statement from the Municipal Engineer that the municipality is in receipt of as-built plans showing all streets and utilities in an exact location and elevation and identifying those portions already installed and those to be installed, and/or certified in the amount of performance guarantees required to assure completion of those improvements not yet installed as stipulated in Section 30-10 of this chapter.
2.
The application for final subdivision or site plan approval shall be declared complete within a forty-five-day period from the date of its submission according to the provisions of subsection 30-4.3 of this chapter.
3.
Final approval shall be granted or denied within 45 days after submission
of a complete application to the Administrative Officer, or other
designee, or within such further time as may be consented to by the
applicant. Failure of the Municipal Agency to act within the period
prescribed shall constitute final approval and a certificate of the
Administrative Officer as to the failure of the Municipal Agency to
act shall be issued on request of the applicant, and it shall be sufficient
in lieu of the written endorsement or other evidence of approval,
herein required, and shall be so accepted by the County Recording
Officer for purpose of filing subdivision plats.
4.
Final approval of a major subdivision shall expire 95 days from the
date of signing of the plat by the Chairman and Secretary of the Municipal
Agency unless within such period the plat shall have been duly filed
by the developer with the County Recording Officer. The Municipal
Agency may for good cause shown, extend the period for recording for
an additional period not to exceed 190 days from the date of signing
of the plat. The Planning Board may extend the ninety-five day or
the 190-day period if the developer proves to the reasonable satisfaction
of the Planning Board (1) that the developer was barred or prevented,
directly or indirectly, from filing because of delays in obtaining
legally required approvals from other governmental or quasi-governmental
entities, and (2) that the developer applied promptly for and diligently
pursued the required approvals. The length of the extension shall
be equal to the period of delay caused by the wait for the required
approvals, as determined by the Planning Board. The developer may
apply for an extension either before or after the original date.
5.
No subdivision plat shall be accepted for filing by the County Recording Officer until it has been approved by the Municipal Agency as indicated on the instrument by the signature of the Chairman and Secretary of the Municipal Agency that a certificate has been issued. The signatures of the Chairman and Secretary of the Municipal Agency shall not be affixed until the developer has posted the guarantees required pursuant to Section 30-10 of this chapter.
d.
Effect of Final Approval of Major Subdivisions and Major Site Plans
and Minor Site plans.
1.
The zoning requirements applicable to the preliminary approval granted
and all other rights conferred upon the developer pursuant to preliminary
approval whether conditionally or otherwise shall not be changed for
a period of two years after the date on which the resolution of final
approval is adopted; provided that in the case of major subdivision
the rights conferred by this section shall expire if the plat has
not been duly recorded within the time period provided in N.J.S.A.
40:55D-54. If the developer has followed the standards prescribed
for final approval and in the case of a subdivision has duly recorded
the plat, the Municipal Agency may extend such period of protection
for extensions of one year, but not to exceed three extensions.
2.
In the case of a subdivision or site plan for a Planned Development
of 50 acres or more, conventional subdivision or site plan for 150
acres or more, or site plan for development of a nonresidential floor
area of 200,000 square feet or more, the Municipal Agency may grant
the rights referred to in paragraph d1 of this subsection for such
period of time, longer than two years, as shall be determined by the
Municipal Agency to be reasonable, taking into consideration (1) the
number of dwelling units and nonresidential floor area permissible
under final approval, (2) economic conditions, and (3) the comprehensiveness
of the development. The developer may apply for and the Municipal
Agency may thereafter grant, an extension of final approval for such
additional period of time as shall be determined by the Municipal
Agency to be reasonable, taking into consideration (1) the number
of dwelling units and nonresidential floor area permissible under
final approval, (2) the number of dwelling units (3) economic conditions,
and (4) the comprehensiveness of the development.
3.
Whenever the Planning Board grants an extension of final approval
pursuant to paragraphs d1 or d2 of this subsection, and final approval
has expired before the date on which the extension is granted, the
extension shall begin on what would otherwise be the expiration date.
The developer may apply for the extension either before or after what
would otherwise be the expiration date.
4.
The Planning Board shall grant an extension of final approval for
a period determined by the Board but not exceeding one year from what
would otherwise be the expiration date, if the developer proves to
the reasonable satisfaction of the Board that the developer was barred
or prevented, directly or indirectly, from proceeding with the development
because of delays in obtaining legally required approvals from other
governmental entities and that the developer applied promptly for
and diligently pursued those approvals. A developer shall apply for
the extension before (1) what would otherwise be the expiration date
of final approval, or (2) the ninety-first day after the developer
receives the last legally required approval from the other governmental
entities, whichever occurs later. An extension granted pursuant to
this subsection shall not preclude the Planning Board from granting
an extension pursuant to paragraphs d, or d2 of this subsection.
5.
In the case of a minor site plan, the zoning requirements and general
terms and conditions, whether conditional or otherwise, upon which
minor site plan approval was granted shall not be changed for a period
of two years after the date of minor site plan approval. The Planning
Board shall grant an extension of this period for a period determined
by the Board but not exceeding one year from what would otherwise
be the expiration date, if the developer proves to the reasonable
satisfaction of the Board that the developer was barred or prevented,
directly or indirectly, from proceeding with the development because
of delays in obtaining legally required approvals from other governmental
entities and that the developer applied promptly for and diligently
pursued those approvals. A developer shall apply for the extension
before (1) what would otherwise be the expiration date of final approval,
or (2) the ninety-first day after the developer receives the last
legally required approval from the other governmental entities, whichever
occurs later.
[2002 Code § 16.16.070]
a.
Whenever an application for approval of a subdivision plat, site
plan, or conditional use includes a request for relief pursuant to
N.J.S.A. 40:55D-60, the Planning Board shall grant or deny approval
of the application within 120 days after submission by a developer
of a complete application to the Administrative Officer or within
such further time as may be consented to by the applicant. In the
event that the developer elects to submit separate consecutive applications,
the aforesaid provisions shall apply to the application for approval
of the variance or direction for issuance of a permit. The period
for granting or denying any subsequent approval shall be as otherwise
provided in this chapter. Failure of the Planning Board to act within
the period prescribed shall constitute approval of the application
and a certificate of the Administrative Officer as to the failure
of the Planning Board to act shall be issued on request of the applicant,
and it shall be sufficient in lieu of the written endorsement or other
evidence of approval, herein required, and shall be so accepted by
the County Recording Officer for purposes of filing subdivision plats.
b.
Whenever relief is requested pursuant to this subsection, notice
of the hearing on the application for development shall include reference
to the request for a variance, or direction for issuance of a permit,
as the case may be.
c.
The developer may elect to submit a separate application requesting
approval of the variance or direction of the issuance of a permit
and a subsequent application for any required approval of a subdivision,
site plan or conditional use. The separate approval of the variance
or direction of the issuance of a permit shall be conditioned upon
grant of all required subsequent approvals of the Planning Board.
No such subsequent approval shall be granted unless the approval can
be granted without substantial detriment to the public good and without
substantial impairment of the intent and purpose of the zone plan
and zoning ordinance.
d.
Whenever review or approval of the application by the Council Planning
Board is required by N.J.S.A. 40:27-6.3, in the case of a subdivision,
or N.J.S.A. 40:27- 6.6, in the case of a site plan, the Borough Planning
Board shall condition any approval that it grants upon timely receipt
of a favorable report on the application by the County Planning Board
or approval by the County Planning Board by its failure to report
thereon within the required time period.
[2002 Code § 16.16.080]
An application may claim approval of his application for development
by reason of the failure of the approving authority to act within
the time period prescribed by complying with the following provisions:
a.
The applicant shall provide notice of the default approval to the
Municipal Agency and to all those entitled to notice by personal service
or certified mail of the hearing on the application for development;
but for purposes of determining who is entitled to notice, the hearing
on the application for development shall be deemed to have required
public notice pursuant to N.J.S.A. 40:55D-12.
b.
The applicant shall arrange publication of a notice of the default
approval in the official newspaper of the Borough, if there be one,
or in a newspaper of general circulation in the Borough.
c.
The applicant shall file an affidavit of proof of service and publication
with the Administrative Officer.
d.
Upon satisfaction of these requirements by the applicant, the Administrative
Officer shall, if he or she agrees with the facts as set forth by
the applicant in the notice of default approval, issue a certificate
of default approval and it shall be sufficient in lieu of the written
endorsement or other evidence of approval, herein required, and shall
be so accepted by the County Recording Officer for purposes of filing
subdivision plats.
e.
If the Administrative Officer does not agree with the facts as set forth by the applicant in the notice of default approval, he or she shall so notify the applicant and the Municipal Agency, setting forth the specific items of disagreement, within 30 days of the date the applicant submits the proof of service and publication as required by paragraph c of this subsection. Unless appealed pursuant to subsection 30-3.2k1(a) of this chapter, the decision of the Administrative Officer shall be conclusive.
[2002 Code § 16.16.090]
Any interested party may appeal to the Governing Body any final
decision of the Board of Adjustment approving an application for development
pursuant to N.J.S.A. 40:55D-70d. Such appeal shall be made in accordance
with N.J.S.A. 40:55D-17 within 10 days of the date of such final decision
pursuant to N.J.S.A. 40:55D-10i.
[2002 Code § 16.20.010; Ord. No.
2009-18 § II; Ord. No.
2017-09]
a.
Establishment, Authentication, Maintenance and Revision.
1.
Zoning Map. The locations and boundaries of the districts of the Borough are established as shown on the Zoning Map of the Borough which is attached to this chapter and is made a part of this section, together with all notations, references and designations shown thereon.[1]
(a)
Ord. No. 2020-04; Ord. No. 2021-06: The Official Zoning Map of the
Borough of Fair Haven is hereby amended to include the newly created:
[Added 10-13-2020 by Ord. No. 2020-04; amended 5-24-2021 by Ord. No. 2021-06]
(1)
Affordable Housing (AH) Zone on Block 31, Lot 1.
(b)
Ord. No. 2020-08: The Official Zoning Map of the Borough of Fair
Haven is hereby amended to include the newly created:
[Added 9-28-2020 by Ord. No. 2020-08]
(1)
River Road Mixed-Use Affordable Housing Overlay (AHO-1) Zone on Block
25, Lots 10, 10.1, 11, 12, 13, 14, 14.1, 15, 16, 17, 18, 19, 20, 21,
and 22; Block 31, Lots 1, 2, and 3; and Block 32, Lots 1, 2, 3, 4,
5, and 6;
(2)
Downtown Mixed-Use Affordable Housing Overlay (AHO-2) on Block 25,
Lots 39, 40, 40.1, 41.1, and 41.2; Block 31, Lots 4, 4.1, 5, and 13;
and Block 35, Lots 2, 3, and 4;
(3)
Block 27, Lots 56, 57, and 58 Affordable Housing Overlay (AHO-3)
on Block 27, Lots 56, 57, and 58;
(4)
Block 28, Lots 18, 19, 23.1, 25, and 26 Affordable Housing Overlay
(AHO-4) on Block 28, Lots 18, 19, 23.1, 25, and 26;
(5)
Methodist Church Affordable Housing Overlay (AHO-5) on Block 77,
Lot 107.
[1]
Editor's Note: The Zoning Map is included as Attachment 6:
Zoning Map to this chapter.
2.
Schedules. The Schedule of Permitted Uses (Table A, Table B, Table AH and Table AHO) and the Schedule of Area, Yard and Building Requirements (Table C) for zone districts within the Borough are established and are made a part of this section, together with all notations, references and designations shown thereon. Requirements related to off-street parking, off-street loading, are set forth in subsection 30-9.2(A) and 30-9.2(B) of this chapter. Requirements related to signs are set forth in subsection 30-7.24 of this chapter.
[Ord. No. 2017-09; amended 10-13-2020 by Ord. No.
2020-04; 9-28-2020 by Ord. No. 2020-08; 5-24-2021 by Ord. No. 2021-06]
|
Attachment 1: Table A: Permitted Uses -Residential Districts
|
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Attachment 2: Table B: Permitted Uses -Nonresidential Districts
|
|
Attachment 3: Table C: Area, Yard and Building Requirements
|
|
Attachment 7: Table AH: Permitted Uses -Affordable Housing
Districts
|
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Attachment 8: Table AHO: Permitted Uses - Affordable Housing
Overlay Districts
|
3.
Date of Official Zoning Map. Subsequent to the adoption of this chapter,
the zoning map shall be annotated with the date of adoption.
4.
Maintenance of the Official Zoning Map. A copy of the official zoning
map shall be maintained in the office of the Borough Clerk and shall
be made available for public reference. Copies of all or a part of
the official zoning map may be reproduced for public distribution.
The zone map shall be forwarded to the Monmouth County Planning Board
in accordance with N.J.S.A. 40:55D-16. However, the official zoning
map maintained by the Borough Clerk shall be the final authority as
to the current status of zoning districts in the Borough.
5.
Revisions to the Official Zoning Map.
(a)
When, in accordance with the provisions of this chapter and
of State law, revisions are made in district boundaries or other matters
portrayed in the zoning map, such changes will be made to the zoning
map with an entry bearing the date of adoption, ordinance number,
and a brief description of the change(s).
(b)
No changes of any nature shall be made to the official zoning
map except in conformity with the above procedure. Any unauthorized
changes to the map or its contents by any person or persons shall
be considered a violation of this section.
b.
Interpretation of District Boundaries.
1.
Zone district boundaries are intended to follow street, lot or property
lines, or other natural lines such as the center line of water course,
ditches or lagoons, unless such district or zone boundaries are fixed
by dimension on the zoning map or by description, and shall include
contiguous lands acquired by the accretion or stream diversion by
natural causes.
2.
In construction the official zoning map, the following rules shall
apply:
(a)
Boundaries indicated as following the center lines of streets,
highways or alleys or streams, rivers or other bodies of water shall
be construed to follow such center lines.
(b)
Boundaries indicated as approximately following plotted lot
lines shall be construed as following such lot lines.
(c)
Boundaries indicated as parallel to or extensions of features
indicated above, shall be so construed. Distances not specifically
indicated on the official zoning map shall be determined by the use
of the scale appearing thereon.
(d)
Where a zone boundary fixed by dimensions approximately follows
and is not more than 20 feet distant from a lot line, such lot line
shall be construed to be the zone boundary.
(e)
Boundaries of the flood hazard zone overlay district are to
be interpreted in accordance with the reference cited by the applicable
overlay regulations.[2]
[2]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
[2002 Code § 16.20.020; Ord. No.
B-417 § 512; Ord. No.
483]
a.
The Borough is organized into zone districts as follows:
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Residential Zones
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R-5
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Single-family
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R-7.5
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Single-family
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R-10
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Single-family
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R-10A
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Single-family
|
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R-10B
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Single-family
|
|
R-15
|
Single-family
|
|
R-20
|
Single-family
|
|
R-30
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Single-family
|
|
R-40
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Single-family
|
|
Business Zones
| |
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B-1
|
Business
|
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B-2
|
Business
|
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Public Zones
| |
|
PB
|
Public Use
|
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Zone Overlay Areas
| |
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Flood hazard area
| |
|
AHO-1
|
River Road Mixed-Use Affordable Housing Overlay
[Added 9-28-2020 by Ord. No. 2020-08] |
|
AHO-2
|
Downtown Mixed-Use Affordable Housing Overlay
[Added 9-28-2020 by Ord. No. 2020-08] |
|
AHO-3
|
Block 27, Lots 56, 57 and 58 Affordable Housing Overlay
[Added 9-28-2020 by Ord. No. 2020-08] |
|
AHO-4
|
Block 28, Lots 18, 19, 23.1, 25, and 26 Affordable Housing Overlay
[Added 9-28-2020 by Ord. No. 2020-08] |
|
AHO-5
|
Methodist Church Affordable Housing Overlay
[Added 9-28-2020 by Ord. No. 2020-08] |
|
Affordable Housing Zone
[Added 10-13-2020 by Ord. No. 2020-04] | |
|
AH
|
Affordable Housing Zone
|
b.
The regulations set forth in this section for each district shall
be minimum regulations and shall apply uniformly to each class of
structure or land within the district.
c.
No building or structure shall hereafter be erected and no existing
building or structure shall be moved, altered, added to or enlarged,
nor shall any land or building or portion of a building or structure
to be used, designed, or arranged to be used for any purpose unless
in conformity with the Schedule of Permitted Uses and the Schedule
of Area, Yard and Building Requirements and with all of the regulations
herein specified for the district in which it is located.
d.
Every principal building shall be located on a lot as defined in
this section. Except for nonresidential development, not more than
one principal building and its accessory buildings shall hereafter
be erected on any one lot.
e.
Yards or lots created after the effective date of this chapter shall
meet the minimum requirements established by this chapter as set forth
in this section and in the Schedule of Area, Yard, and Building Requirements.
f.
In any zone, all yard requirements, open space, off-street parking
and landscaping must be contained within that zone.
g.
In each zone district, each use shall provide off-street parking as specified in subsection 30-9.2, Off-Street Parking.
h.
In each zone district, each use shall provide off-street loading
and unloading as specified in subsection 30-9.2c., Off-Street Loading.
k.
Additional direction regarding the administration and application of development requirements and restrictions within the Borough's zone districts is provided in Section 30-7, General Zoning Provisions.
l.
Notwithstanding any provision of the ordinances of the Borough of
Fair Haven to the contrary, a building occupied as a residential dwelling
may continue to be so occupied during the construction of a second
dwelling on the same lot for a period of more than one year from the
commencement of construction of the new dwelling or until 30 days
after the issuance of a certificate of occupancy for the newly constructed
dwelling, whichever shall first occur, provided that the newly constructed
dwelling will conform in all respects with the ordinances of the Borough
of Fair Haven, or all appropriate variances have been obtained, and
that the owner posts with the Borough Clerk a surety bond in a form
and amount satisfactory to the Borough Attorney, which shall guarantee
that the owner shall vacate and shall satisfactorily demolish the
dwelling within 30 days of the issuance of certificate of occupancy
for the newly-constructed dwelling.
[2002 Code § 16.20.030; Ord. No.
2009-13 § II; Ord. No.
2018-07; amended 9-28-2020 by Ord. No. 2020-07; 8-16-2021 by Ord. No. 2021-09; 9-28-2020 by Ord. No.
2020-07; 10-11-2022 by Ord. No. 2022-15; 9-26-2023 by Ord. No. 2023-12]
a.
Permitted principal uses, accessory uses, and conditional uses within
each zone district are set forth in the schedules of permitted uses.
The letter "P" means that the use is a permitted principal use in
the zone. The letter "C" means the use is a permitted conditional
use. The letter "A" means permitted accessory use in the zone. Any
use, except for essential services, which is not specifically listed
as a permitted use, an accessory use or a conditional use on the schedule
of uses shall be deemed a prohibited use.
1.
For Block 45, Lot 10.02 in the R-5 Zone (the "Lot"), the only permitted
use is a 100% affordable housing development consistent with the following
parameters:
[Added 9-28-2020 by Ord.
No. 2020-07; amended 9-26-2023 by Ord. No. 2023-12]
(a)
One two-family dwelling consisting of affordable residential units
with a minimum lot area of 5,000 square feet. A two-family dwelling
is defined as: A building occupied or intended for occupancy as separate
living quarters for no more than two families, with separate access,
cooking, sleeping and sanitary facilities for the exclusive use of
the occupants of each unit, which units are separated from each other
either by vertical walls to the underside of the roof or by horizontal
floors.
(b)
One unit shall be an affordable for-sale family unit and one unit
shall be a very low-income rental unit as that term is defined in
the Fair Housing Act.
(c)
Affordable housing units shall be subject to the standards in the Borough’s Affordable Housing Ordinance (Section 30-15.2).
(d)
All bulk, design, and other applicable standards in the R-5 Zone
shall apply except as follows:
(1)
The Lot shall not be required to comply with the R-5 Zones prohibition
precluding parking in the front yard setback. An entry driveway may
cross any yard area but not more than 40% of the front yard area shall
be used as a driveway or for off street parking.
(2)
The Lot shall be permitted a total of two driveways.
(3)
The Lot shall be exempt from providing curb-to-cub restoration at the points of utility connection pursuant to (Section 15-1.25).
(4)
The Lot shall be exempt from the tree reforestation requirements provided in Section 14-8. However, the developer shall use any and all measures to comply with the ordinance to the extent feasible and/or not cost generative.
(6)
Conflict. All other applicable municipal ordinances shall apply to
this ordinance except that where any conflict exists between this
Overlay Ordinance and the Borough’s code, whether in Zone R-5
or otherwise, this ordinance shall control.
b.
Prohibited uses shall include but not be limited to the following:
1.
All billboards, signboards, advertising signs and devices not expressly
related to the business being conducted on the premises or otherwise
specifically permitted by this section.
2.
Camping sites, trailer camps, trailer courts or trailer coaches used
as dwellings, offices or storage facilities or commercial activities
related to the outdoor storage or display of trailer coaches, except
that during development construction trailers may be permitted specifically
limited as to the extent of time such use and requiring the payment
of an annual fee to the municipality for the granting of such license
for such use.
3.
Auction markets.
4.
Junk yards, automobile wrecking yards or disassembly yards, or the
sorting or baling of scrap metal, paper, rags, or other scrap or waste
material, except for recycling operations operated by or with the
approval of the Borough.
5.
Privately operated dumps for the disposal of garbage, trash, refuse,
junk, or other such material.
6.
Adult book stores.
7.
Peep shows.
9.
Amusement arcade.
10.
Explosive storage, except small arms ammunition, or by special permit,
where explosives are to be used on the premises.
11.
Incineration, reduction, storage or dumping of slaughterhouse refuse,
rancid fats, garbage, or dead animals.
12.
Slaughtering and slaughterhouses for fowl or animals.
13.
Any use of any building or premises in such a manner that the health,
morals, safety or general welfare of the community may be endangered.
14.
Keeping or raising of pigs, sheep, horses, donkeys, mules, cattle, goats, chickens, and other such livestock, unless a waiver is obtained in accordance with the provisions of subsection 5-18.4 of these Revised General Ordinances.
15.
Asphalt plants, concrete plants, asphalt batching plants, concrete
batching plants, asphalt mixing plants, concrete mixing plants, asphalt
manufacturing plants, concrete manufacturing plants.
16.
Auto, horse or dog racetracks.
17.
Keeping or raising of mink, fox or similar fur bearing animals.
18.
Open air drive-in motion picture theaters.
19.
Seasonal resort cottages.
20.
Any use which emits excessive and objectionable amounts of dust,
fumes, noise, odor, vibration, smoke, glare or waste products.
21.
The use of boats or vehicles as residential dwellings.
22.
Fast-Food Restaurants, Drive-In Restaurants, and Drive-Through Windows, as defined in Section 30-2 of this chapter.
[Amended 10-11-2022 by Ord. No. 2022-15]
23.
Heliports, helistops or aviation field.
24.
The operation of Cannabis Cultivators, Cannabis Distributors, Cannabis
Manufacturers, Cannabis Wholesalers, Cannabis Retailers, Cannabis
Delivery Services.
[Ord. No. 2018-07; Ord. No. 2021-09]
25.
Warehouses and wholesale/fulfillment storage facilities.
[Added 10-11-2022 by Ord. No. 2022-15]
[2002 Code § 16.20.040]
The public health, safety, and general welfare requires that
development in specified areas must be subject to the control of additional
uniform regulations and requirements. These specified areas may overlay
a portion or all of one or more underlying zone districts. Within
an overlay area, the requirements of the overlay zone shall govern.
a.
Flood Hazard Overlay District.
1.
The flood hazard areas of the Borough are subject to periodic inundation
which threatens life and property, disrupts commerce, and requires
public expenditures for flood protection and relief.
2.
Any and all lands or portions of land within the Borough which are
classified as a floodway, flood fringe, or 100-year floodplain by
the New Jersey Department of Environmental Protection and Energy,
and/or by the Federal Emergency Management Administration, are designated
as the flood hazard area overlay district.
The overlay district shall operate in conjunction with the underlying
zone district such that the overlay provisions, where more restrictive
or imposing a higher standard, shall govern.
[Added 10-13-2020 by Ord.
No. 2020-04; amended 5-24-2021 by Ord. No. 2021-06]
Purpose: The purpose of the AH Affordable Housing Zone, which
applies to Lot 1 in Block 31, is to provide affordable housing in
the form of a mixed-use inclusionary development consisting of a total
14 family rental units, of which two will be deed restricted as affordable
units in accordance with U.H.A.C rules and regulations. The building
shall be a total of three stories. The ground floor is required to
contain commercial uses. The 2nd and 3rd stories shall consist of
the residential units. The 2nd and 3rd story is required to be set
back a minimum of eight feet from the 1st story building facades along
the road frontages of River Road and Cedar Avenue. The site plan shall
be substantially consistent with the concept plan attached as an exhibit
within the executed First Amended Settlement Agreement between the
Borough of Fair Haven and M&M Realty Partners and attached to
this ordinance. The intent of this zone is to be developed as a single
entity. The standards within the Land Development Ordinance remain
in effect. Where there is a conflict between this section and another
section of the Land Development Ordinance, this section shall supersede
those standards.
d.
Affordable Housing.
1.
Development of the site shall provide for two rental family affordable
units on site.
2.
One of the affordable units shall be a two-bedroom low-income unit
and the other affordable unit shall be a two-bedroom moderate-income
unit, as specified in the First Amended executed Settlement Agreement.
The third and final unit shall be a two- or three-bedroom very-low-income
unit as defined herein or a Payment in Lieu ("PIL") of the construction
of the third unit in an amount of no less than $175,000.
3.
Except as otherwise specified in this ordinance relating to Payments
in Lieu and income and bedroom distribution, all affordable units
shall comply with N.J.A.C.5:93-1 et seq. and the Uniform Housing Affordability
Controls (UHAC) at N.J.A.C.5:80-26.1 et seq., the Fair Housing Act
and the Borough's HEFSP.
4.
Each affordable restricted unit shall remain restricted for a minimum
of 30 years and that restriction may be unilaterally extended by the
Borough at its sole discretion, thereafter.
e.
Parking Standards. Section 30-9.2b, Off-Street Parking, shall apply. Where a conflict occurs between this section and Section 30-9.2b, this section shall supersede those standards.
1.
Each residential unit shall provide two parking spaces per unit and
no additional guest parking is required
2.
Commercial parking shall be provided utilizing one space/250 square
feet of gross floor area, regardless of commercial use. Outdoor dining
associated with a restaurant shall not generate additional parking
requirements.
3.
Parking areas and drive aisles shall be setback a minimum of four
feet from all lot lines; however, a minimum six-foot setback shall
be required along the side lot line.
4.
All surface parking lots that abut the public sidewalk or street
shall be separated from the sidewalk or street by a landscaped buffer
with a minimum width of four feet. Buffers shall include shrubbery,
plantings, a row of trees and/or a minimum thirty-inch-high/maximum
forty-two-inch-high brick screen wall.
f.
Circulation Standards. Section 30-8, Design Guidelines and Standards for Subdivisions and Site Plans, and Section 30-9, Improvement Standards, Specific Criteria and Construction Specifications, shall apply. Where a conflict occurs between this section and Section 30-8 and Section 30-9, this section shall supersede those standards.
1.
As shown and agreed to in the concept plan attached hereto, one one-way
entrance driveway shall be permitted from River Road.
2.
One two-way entrance/exit driveway shall be permitted from Cedar
Avenue.
3.
Parking may be permitted within the front yard along Cedar Avenue,
provided it is set back a minimum of 4.9 feet from the frot lot line
along Cedar Avenue. In no event shall parking be located between the
building and River Road.
4.
The applicant shall provide intersection improvements on the applicant's
portion of frontage on Block 31 Lot 1 at the intersection of River
Road and Cedar Avenue as recommended in the Borough's Active Transportation
Plan, which was adopted by the Borough Planning Board in 2017.
5.
Bicycle parking for public use and residents shall be provided.
6.
All loading shall only be permitted on-site.
g.
Signs. Section 30-7.24, Signs, shall apply. Where a conflict occurs between this section and Section 30-7.24, this section shall supersede those standards.
1.
Permitted signs in the AH Affordable Housing Zone.
(a)
Wall signs.
(1)
Each commercial store front shall be permitted one wall sign
above the entrance to the storefront in the 'sign band'.
(2)
In no event shall a single wall sign exceed 5% of the 1st floor
commercial facade.
(3)
Wall signs may be externally lit. In no event shall a wall sign
be internally lit.
(4)
The maximum lettering height shall be 10 inches.
(b)
Freestanding signs.
(1)
One freestanding sign is permitted to be located to the west
of the River Road entrance driveway as shown on the Concept Plan.
(2)
In no event shall the freestanding sign exceed 30 square feet.
(3)
The freestanding sign shall not be greater than eight feet in
height.
(4)
The freestanding sign may be externally lit. In no event shall
the sign be internally lit.
(5)
The sign shall be set back a minimum of three feet from the
front property line.
(6)
The maximum lettering height shall be 10 inches.
2.
Awnings
(a)
Awnings shall have a metal structure covered with canvas, metal
or like product.
(b)
Awnings may have a front skirt; the bottom of the skirt shall
not be scalloped.
(c)
Awnings/canopies shall extend a maximum of three feet from the
exterior wall into the front yard setback at a height of at least
eight feet above sidewalk grade.
(d)
In no event shall a sign be permitted on an awning.
(e)
The first-floor corner commercial space may have an awning.
(f)
The commercial store fronts fronting along River Road may have
awnings only if all the store fronts along River Road have awnings.
h.
Lighting. Section 30-7.22c14, Lighting and Illumination, shall apply.
i.
Design Standards.
1.
Architectural. The attached River Road and Cedar Avenue M&M illustrative
concept plan, elevations, and cross-section shall be used as guidelines.
(a)
Both the River Road and Cedar Avenue building facades shall
be designed and treated as front facades
(b)
The building shall be composed of durable materials such as
brick, stone or cement board. In no event shall EFIS be permitted.
(c)
There shall be no continuous front facade along River Road.
The facade shall be vertically broken up into a minimum of three "bays".
Each bay shall complement one another and be aesthetically pleasing.
(d)
Pedestrian entry ways and/or lobbies shall be prominent, well-lit
and separate from service entrances.
(e)
A minimum of 60% of the ground floor front facades shall be
glazed.
(f)
A minimum of 20% of the upper-story front facades shall be glazed.
(g)
Glazing shall be a minimum of 70% transparent.
(h)
The maximum sill height above sidewalk grade shall be 30 inches.
(i)
A horizontal architectural feature shall define the ground floor
from the upper floors.
(j)
Each individual commercial use on the ground floor is required
to have its own primary entrance.
(k)
The exterior walls of the building shall not have large blank
or featureless expanses.
(l)
Retail openings for windows and windowpanes shall have a vertical
dimension greater than or equal to the horizontal dimension and shall
not be as a walk up or otherwise utilized for transactions.
(m)
Balconies, terraces, Juliet balconies, and sliding glass doors
are permitted as shown on the concept plan.
(n)
Enclosure of rooftop areas, terraces, or balconies is not permitted.
2.
Balconies.
(a)
The Developer shall make every effort to preclude balconies/outdoor
areas for such uses including but not limited to storage, trash/recycling,
laundry, grill, etc. so as not to create a fire hazard or other nuisance.
Landlord shall prohibit the use of balconies from such uses in its
residential leases and/or in in the Master Deed to the extent the
residential units are condominiums.
(b)
Balconies shall be kept free of clutter as a means to maintain
the overall aesthetics of the building facade.
(c)
Any violation of this provision shall be enforced against the
tenant and not the landlord. However, landlord shall cooperate with
the Borough in enforcement.
3.
Utilities. Section 30-8, Design Guidelines and Standards for Subdivisions and Site Plans, and Section 30-9, Improvement Standards, Specific Criteria and Construction Specifications, shall apply. Where a conflict occurs between this section and Sections 30-8 and 30-9, this section shall supersede those standards.
(a)
Public utilities, transformers and primary and backup generator
shall be located interior to the building, on the roof or vaulted
underground within the pavement area of an adjacent street or sidewalk.
(b)
Individual window air conditioning units shall not be permitted.
(c)
Rooftop mechanical equipment shall be screened from public view.
In addition, mechanical equipment shall be setback a minimum of six
feet from the edge of the building.
(d)
Meters and access panels shall be integrated with street and
building design.
(e)
Manholes, meters and access panels shall be constructed of materials
and styles consistent with established design theme.
(f)
The developer shall coordinate all utility improvements with
the responsible utility.
(g)
Backup generators for common areas are encouraged.
4.
Landscaping and Buffering. Section 30-8 and Section 30-9 apply. Where a conflict occurs between this section of this ordinance and Sections 30-8 or 30-9, this section shall supersede those specific requirements.
(a)
A minimum buffer area of at least four feet shall be provided
around the side and rear lot lines. The buffer area shall consist
of a combination of deciduous and evergreen shrubs and trees. Plantings
are encouraged to consist of native species.
(b)
If the topography of the site requires retaining walls, retaining
walls shall be landscaped and be aesthetically pleasing. In no event
shall a retaining wall be more than three feet tall.
5.
Lighting. Section 30-9.2a12, Lighting, and Section 30-9.3c4, Lighting, shall apply. Where a conflict occurs between this section and Sections 30-9.2a12, and 30-9.3c4, this section shall supersede those standards.
(a)
The maximum height of light poles shall be 15 feet.
(b)
Full cutoff of fully shielded light fixtures are encouraged.
(c)
Floodlights shall not be directed toward the street or adjacent
properties.
(d)
Only dimmable LED lighting elements shall be permitted.
(e)
Neon lighting is prohibited on commercial storefronts.
(f)
Flashing lights are prohibited.
(g)
Lighting shall be aesthetically unified and complimentary to
the design of the building and site.
(h)
On site lighting shall not exceed 3000 Kelvin.
6.
Signs.
(a)
Signs and awnings shall have a coordinated graphic design theme
through the site plan. The design theme shall include the style and
size of lettering, construction, materials, colors, size, lighting,
color of letters, and background. These design theme elements shall
be carefully considered in relation to the color and materials of
the building, building design, and where the signs are proposed to
be located.
(b)
Buildings shall be designed to include a 'signage zone' above
the commercial use frontage and integrated into the overall architectural
design of the building.
7.
Stormwater Management.
(a)
Section 30-8, Design Guidelines and Standards for Subdivisions and Site Plans, and Section 30-9, Improvement Standards, Specific Criteria and Construction Specifications, shall apply. Where a conflict occurs between this section and Sections 30-8 and 30-9, this section shall supersede those standards.
(b)
The proposed improvement shall include design elements to reduce
post development runoff.
(c)
The project shall utilize roof runoff recharge, rain gardens,
and/or bioswales in accordance with the Concept Plan and NJDEP Stormwater
Regulations when applicable.
8.
Additional Design Standards.
(a)
To the extent feasible, the developer shall consider potential
future interconnections to adjacent sites.
(b)
Pedestrian pathways/sidewalks that are included within a parking
lot shall be made of a different surface material than the parking
areas and are encouraged to include landscaping around the edges of
the walkway.
[Added 9-28-2020 by Ord.
No. 2020-08]
Purpose: Four affordable housing overlay zones will provide
an opportunity for inclusionary residential development along and
around the River Road corridor in the Borough. The purpose of the
River Road Mixed Use Affordable Housing Overlay (AHO-1) is to provide
an opportunity for inclusionary residential development as part of
a mixed-use project, up to three stories in height, with frontage
on River Road in the Borough's downtown commercial district. The purpose
of the Downtown Mixed-Use Affordable Housing Overlay (AHO-2) is to
provide an opportunity for inclusionary residential development as
part of a mixed-use project, up to three stories in height, on properties
surrounding the Borough's Downtown commercial district that do not
have frontage on River Road. Alternatively, properties may be developed
with inclusionary multifamily residential projects up to two stories
in height, which is appropriate for sites with frontage on Navesink
Avenue, Cedar Avenue, Locust Avenue, and Forman Street. The purpose
of the Block 27, Lots 56, 57, and 58 Affordable Housing Overlay (AHO-3)
is to provide an opportunity for inclusionary residential development
as part of a mixed-use project, up to three stories in height, on
properties along River Road in the Borough's secondary business district.
The purpose of the Block 28, Lots 18, 19, 23.1, 25, and 26 Affordable
Housing Overlay (AHO-4) is to provide an opportunity for inclusionary
residential development as part of a mixed-use project, up to three
stories in height, on properties in the Borough's secondary commercial
district around the existing municipal building. The underlying zoning
for each of the Overlay Zones remains in place. At the time of site
plan application, a developer may opt to utilize the base zoning or
the standards in this Overlay but may not combine or "mix and match"
standards.
c.
Required Bulk Standards.
1.
See Subsection 30-5.1a.2 Table C: Schedule of Area, Yard, and Building
Requirements.
e.
Additional Standards.
1.
In the event the Borough develops a new municipal building at an
alternate site, the municipal building site consisting of Block 28,
Lots 23.1, 25, and 26 in the AHO-4 Overlay Zone shall be sold within
18 months of completion of a new municipal building.
2.
Mixed-use and residential buildings shall have a maximum length of
150 feet along the frontage.
f.
Mixed-Use Standards.
1.
For mixed-use developments, a portion of the first floor may be used
for access to the residential portion of the building.
2.
For mixed-use developments, lots with sufficient depth to accommodate
a nonresidential use fronting on River Road and first floor apartment(s)
behind the nonresidential use, such apartments will be allowed (the
"Rear Apartments"), but in no event shall the rear apartments exceed
two stories even if the mixed-use component of a single building is
three total stories.
g.
Affordable Housing.
1.
Any development under the Overlay option shall set aside 20% of housing
units for low- and moderate-income households.
2.
Each affordable restricted unit shall remain restricted for a minimum
of 30 years and that restriction may be unilaterally extended by the
Borough at its sole discretion, thereafter.
3.
Very-low-, low- and moderate-income housing shall be constructed
in accordance with the Council on Affordable Housing rules at N.J.A.C.
5:93-1 et seq.[1] and the Uniform Housing Affordability Controls (UHAC)
at N.J.A.C. 5:80-26.1 et seq. including standards for the split between
very-low-, low- and moderate-income housing, provided a minimum of
13% of the affordable units are very-low-income units at 30% of the
median income and 37% of the affordable units are low-income units
with the (up to) 50% balance of units allowed at moderate income;
bedroom distribution; range of affordability; pricing of units; affirmative
marketing and thirty-year minimum affordability controls.
[1]
Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016.
h.
Parking Standards.
1.
2.
Multifamily Residential, not in mixed-use development in the AHO-2
Overlay Zone, Parking Standards.
(a)
The number of parking spaces required shall be governed by the
Residential Site Improvement Standard (RSIS) "Garden Apartment" requirement.
3.
Parking areas and drive aisles shall be set back a minimum of five
feet from all lot lines.
4.
All surface parking lots that abut the public sidewalk or street
shall be separated from the sidewalk or street by a landscaped buffer
with a minimum width of five feet. Buffers shall include shrubbery,
plantings, and/or a row of trees.
5.
No parking shall be permitted in the front yard.
i.
Circulation Standards. Sections 30-8, Design Guidelines and Standards for Subdivisions and Site Plans, and 30-9 Improvement Standards, Specific Criteria and Construction Specifications, shall apply.
j.
Signs. Section 30-7.24, Signs, shall apply. Where a conflict occurs between this section and § 30-7.24, this section shall supersede those standards.
1.
Permitted signs for mixed-use development in the AHO-1, AHO-2, AHO-3,
and AHO-4 Overlay Zones.
(a)
Wall signs.
(1)
Each commercial store front shall be permitted one wall sign
above the entrance to the storefront in the sign band.
(2)
In no event shall a single wall sign exceed 5% of the first
floor commercial facade.
(3)
Wall signs shall be externally lit. In no event shall a wall
sign be internally lit.
(4)
The maximum lettering height shall be 10 inches.
(b)
Projecting Signs.
(1)
Each storefront shall be permitted one projecting sign.
(2)
In no event shall a projecting sign exceed six square feet.
(3)
The projecting sign shall not project more than three feet from
the building face.
(4)
The bottom of the projecting sign shall have a minimum height
of eight feet when measured from the ground.
(5)
Projecting signs shall be illuminated externally. In no event
shall a projecting sign be illuminated internally.
(6)
The maximum lettering height shall be 10 inches.
2.
No freestanding signs are permitted, except as permitted for strictly residential uses in § 30-7.24.
3.
No window signs are permitted.
4.
Awnings are permitted for mixed-use development in the AHO-1, AHO-2,
AHO-3, and AHO-4 Overlay Zones subject to the following:
(a)
Awnings shall have a metal structure covered with canvas, metal
or like product.
(b)
Awnings may have a front skirt; the bottom of the skirt shall
not be scalloped.
(c)
Awnings/canopies shall extend a maximum of three feet from the
exterior wall into the front yard setback at a height of at least
eight feet above sidewalk grade.
(d)
In no event shall a sign be permitted on an awning.
(e)
The first-floor corner commercial space may have an awning.
(f)
The commercial storefronts fronting along River Road may have
awnings if all the storefronts along River Road have awnings.
k.
Lighting.
1.
Section 30-7.22c14, Lighting and Illumination, shall apply.
l.
Design Standards.
1.
Architectural Standards Applicable to All Development.
(a)
Pedestrian entryways and/or lobbies shall be prominent, well-lit
and separate from service entrances.
(b)
A minimum of 20% of the upper-story front facades shall be glazed.
(c)
A horizontal architectural feature shall define the ground floor
from the upper floors.
(d)
The exterior walls of the building shall not have large blank
or featureless expanses.
(e)
Openings for windows and windowpanes shall have a vertical dimension
greater than or equal to the horizontal dimension.
(f)
Enclosure of rooftop areas, terraces, or balconies is not permitted.
(g)
Balconies shall not be permitted to be used as outdoor space
for residential tenants.
(h)
No sliding glass doors or Juliet balconies are permitted.
(i)
The building shall be composed of durable materials such as
brick, stone, and cement board. In no event shall EIFS be permitted.
(j)
There shall be no continuous front facade along River Road,
the facade shall be vertically broken up into bays. Each bay shall
complement the others and be aesthetically pleasing.
2.
Architectural and Site Standards Applicable to Mixed-Use Development
Only.
(a)
A minimum of 60% of the ground floor front facades shall be
glazed.
(b)
Glazing shall be a minimum of 70% transparent.
(c)
The maximum sill height above sidewalk grade shall be 30 inches.
(d)
Each individual use on the ground floor is required to have
its own primary entrance.
(e)
In the AHO-1 and AHO-4 Overlay Zones, when a front yard setback
greater than 15 feet is provided, to the extent feasible, the setback
shall be used to provide anamenity and/or outdoor dining/seating.
3.
Utilities. Sections 30-8, Design Guidelines and Standards for Subdivisions and Site Plans, and 30-9, Improvement Standards, Specific Criteria and Construction Specifications, shall apply. Where a conflict occurs between this section and §§ 30-8 and 30-9, this section shall supersede those standards.
(a)
Public utilities, transformers and primary and backup generators
shall be located interior to the building, on the roof or vaulted
underground within the pavement area of an adjacent street or sidewalk.
(b)
Individual window air-conditioning units shall not be permitted.
(c)
Rooftop mechanical equipment shall be screened from public view.
(d)
Meters and access panels shall be integrated with street and
building design.
(e)
Manholes, meters and access panels shall be constructed of materials
and styles consistent with established design theme.
(f)
The developer shall coordinate all utility improvements with
the responsible utility.
(g)
Backup generators for common areas are encouraged.
(h)
Any rooftop mechanicals shall be effectively screened by a sloped
roof facing the public rights-of-way as shown on the attached cross-section.
4.
Landscaping and Buffering. Sections 30-8 and 30-9 apply. Where a conflict occurs between this section and § 30-8 or 30-9, this section shall supersede those specific requirements.
(a)
A minimum buffer area of at least five feet shall be provided
around the side and rear lot lines. The buffer area shall consist
of a combination of deciduous and evergreen shrubs and trees. Plantings
are encouraged to consist of native species.
(b)
If the topography of the site requires retaining walls, retaining
walls shall be landscaped and be aesthetically pleasing. In no event
shall a retaining wall be more than three feet tall.
5.
Lighting. Sections 30-9.2a12, Lighting, and 30-9.3c4, Lighting, shall apply. Where a conflict occurs between this section and §§ 30-9.2a12, and 30-9.3c4, this section shall supersede those standards.
(a)
The maximum height of light poles shall be 15 feet.
(b)
Full cutoff or fully shielded light fixtures are encouraged.
(c)
Floodlights shall not be directed toward the street or adjacent
properties.
(d)
Only dimmable LED lighting elements shall be permitted.
(e)
Neon lighting is prohibited on commercial storefronts.
(f)
Flashing lights are prohibited.
(g)
Lighting shall be aesthetically unified and complimentary to
the design of the building and site.
(h)
On-site lighting shall not exceed 3000 Kelvin.
6.
Signs.
(a)
Signs and awnings shall have a coordinated graphic design theme
through the site plan. The design theme shall include the style and
size of lettering, construction materials, colors, size, lighting,
color of letters, and background. These design theme elements shall
be carefully considered in relation to the color and materials of
the building, building design, and where the signs are proposed to
be located.
(b)
Buildings shall be designed to include a signage zone above
the commercial use frontage and integrated into the overall architectural
design of the building.
7.
Stormwater Management.
8.
Additional Design Standards.
[Added 9-28-2020 by Ord.
No. 2020-08]
Purpose: The purpose of the Methodist Church Affordable Housing
Overlay (AHO-5) is to provide an opportunity for inclusionary age-restricted
residential development. If an age-restricted development does not
move forward by December 31, 2022, the option to develop family inclusionary
housing at a reduced density will be available. The underlying zoning
for the property remains in place. At the time of site plan application,
a developer may opt to utilize the base zoning or the standards in
this Overlay but may not combine or "mix and match" standards.
c.
Required Bulk Standards.
1.
See Subsection 30-5.1a.2 Table C: Schedule of Area, Yard, and Building
Requirements.
2.
The minimum required setback shall be 25 feet to property boundaries
abutting municipally owned open space and 40 feet to all other property
boundaries.
3.
The minimum distance between buildings shall be equal to one-half
their combined height.
d.
Residential Density.
1.
Ten dwelling units per net acre for inclusionary age-restricted housing.
2.
Eight dwelling units per net acre for inclusionary family housing
after December 31, 2022, if there has been no contract for sale to
transfer ownership of the property and/or a letter of intent for both
acquisition and construction of an age-restricted inclusionary development.
e.
Affordable Housing.
1.
Any development under the Overlay option shall set aside 20% of housing
units for low- and moderate-income households.
2.
Each affordable restricted unit shall remain restricted for a minimum
of 30 years and that restriction may be unilaterally extended by the
Borough at its sole discretion, thereafter.
3.
Very-low-, low- and moderate-income housing shall be constructed
in accordance with the Council on Affordable Housing rules at N.J.A.C.
5:93-1 et seq.[1] and the Uniform Housing Affordability Controls (UHAC)
at N.J.A.C. 5:80-26.1 et seq. including standards for the split between
very-low-, low- and moderate-income housing, provided a minimum of
13% of the affordable units are very-low-income units at 30% of the
median income and 37% of the affordable units are low-income units
with the (up to) 50% balance of units allowed at moderate income;
bedroom distribution; range of affordability; pricing of units; affirmative
marketing and thirty-year minimum affordability controls.
[1]
Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016.
g.
Circulation Standards. Sections 30-8, Design Guidelines and Standards for Subdivisions and Site Plans, and 30-9, Improvement Standards, Specific Criteria and Construction Specifications, shall apply.
h.
Signs. Section 30-7.24, Signs shall apply. Where a conflict occurs between this section and § 30-7.24, this section shall supersede those standards.
1.
Permitted signs in the AHO-5 Methodist Church Affordable Housing
Overlay Zone.
(a)
Freestanding Signs.
(1)
No more than one freestanding sign shall be permitted.
(2)
A freestanding sign shall not exceed 24 square feet in area.
(3)
A freestanding sign shall not exceed seven feet in height inclusive
of sign message face and structure.
(4)
A freestanding sign shall be of a monument type with no open
space between the bottom of the sign face and the ground.
(5)
A freestanding sign shall be set back a minimum of 15 feet from
any property line.
(6)
A freestanding sign shall not be internally illuminated. Illumination
may be provided by exterior up- or down-lighting directed at the sign
face that does not create visible glare.
i.
Lighting.
1.
Section 30-7.22c14, Lighting and Illumination, shall apply.
j.
Buffering and Screening. Section 30-8.4.e shall apply. Where a conflict
occurs between this section and § 30.8.4.e, this section
shall supersede those specific requirements.
1.
A four-season landscape buffer area shall be provided around the
perimeter of the development.
2.
The landscape buffer shall be designed to screen the property from
the street and neighboring uses. To that end, it shall include a mix
of evergreen trees and shrubs, deciduous and ornamental trees and
shrubs, appropriate ground cover, grasses, and other low plantings
for the purpose of combining year round screening at ground and eye
level with future mature tree canopy extending a minimum of 30 feet
in height in an attractive and functional mix.
3.
Evergreen trees shall be a minimum of eight feet in height at planting.
4.
Deciduous trees shall have a minimum caliper of three inches at planting.
5.
Plantings are encouraged to consist of native species.
6.
Invasive species and species susceptible to blight and disease shall
not be planted.
k.
Design Standards.
1.
Architecture and Site Design. Standards relevant to residential architecture and site design in §§ 30-8, Design Guidelines and Standards for Subdivisions and Site Plans, and 30-9, Improvement Standards, Specific Criteria and Construction Specifications, shall apply.
2.
Utilities. Sections 30-8, Design Guidelines and Standards for Subdivisions and Site Plans, and 30-9, Improvement Standards, Specific Criteria and Construction Specifications, shall apply. Where a conflict occurs between this section and §§ 30-8 and 30-9, this section shall supersede those standards.
(a)
Public utilities, transformers and primary and backup generators
shall be located interior to the building, on the roof or vaulted
underground within the pavement area of an adjacent street or sidewalk.
(b)
Individual window air-conditioning units shall not be permitted.
(c)
Rooftop mechanical equipment shall be screened from public view.
(d)
Meters and access panels shall be integrated with street and
building design.
(e)
Manholes, meters and access panels shall be constructed of materials
and styles consistent with established design theme.
(f)
The developer shall coordinate all utility improvements with
the responsible utility.
(g)
Backup generators for common areas are encouraged.
(h)
Any rooftop mechanicals shall be effectively screened by a sloped
roof facing the public rights-of-way as shown on the attached cross-section.
3.
Landscaping. Sections 30-8 and 30-9 apply. Where a conflict occurs between this section and §§ 30-8 or 30-9, this section shall supersede those specific requirements.
(a)
If the topography of the site requires retaining walls, retaining
walls shall be landscaped and be aesthetically pleasing. In no event
shall a retaining wall be more than three feet tall.
4.
Lighting. Sections 30-9.2a12, Lighting, and 30-9.3c4, Lighting, shall apply. Where a conflict occurs between this section and §§ 30-9.2a12, and 30-9.3c4, this section shall supersede those standards.
(a)
The maximum height of light poles shall be 15 feet.
(b)
Full cutoff or fully shielded light fixtures are encouraged.
(c)
Floodlights shall not be directed toward the street or adjacent
properties.
(d)
Only dimmable LED lighting elements shall be permitted.
(e)
Flashing lights are prohibited.
(f)
Lighting shall be aesthetically unified and complimentary to
the design of the building and site.
(g)
On-site lighting shall not exceed 3000 Kelvin.
5.
Stormwater Management.
[2002 Code § 16.24.010]
Certain uses are necessary to serve the needs of the Borough's
citizens but such uses may become inimical to the public health, safety,
and welfare unless established according to specifications and standards
controlling their limit and extent. Accordingly, this chapter designates
such uses as conditional uses to be permitted only if the conditions
specified by this section are complied with as determined by the review
of the Planning Board.
[2002 Code § 16.24.020]
The following shall apply to the review and approval of a conditional
use:
a.
The use for which an application is being made shall be specifically
listed as a conditional use within the zone where the property is
located.
b.
Site plan approval shall be required unless otherwise specified in
this chapter.
c.
The conditional use shall comply with the design standards, improvement
standards, and document submittal requirements of this chapter unless
a requirement is waived by the approving authority.
d.
The conditional use shall adhere to the additional standards specified
under this section for the particular use.
e.
The approving authority may impose additional requirements to protect
the public health, safety, and welfare which it deems necessary by
reason of the location or other factors related to a particular application.
Such requirements shall be provided for and maintained as a condition
of the establishment of the use.
[2002 Code § 16.24.030]
Places of worship, lodges, meeting halls, yacht clubs, etc.,
for social and/or service organizations such as the Masons, American
Legion, etc., may be permitted as a conditional use in those zones
specified provided that the use and/or structures shall adhere to
the following:
a.
The use shall adhere to the minimum standards of the particular zone
district or to the following standards, whichever is more restrictive:
[2002 Code § 16.24.040]
Public utility uses, such as water towers, pumping stations,
electric substations, radio towers, transmission lines, switching
stations, which must be provided above ground, may be permitted as
a conditional use in those zones specified provided that the use and/or
structures shall adhere to the minimum standards of the particular
zone and the following
a.
A statement is submitted setting forth the reasons that the proposed
installation must be provided above ground in a specific location
and why it is necessary and convenient for the efficiency of the public
utility system or for the satisfactory and convenient provision of
service by the utility to the neighborhood or area in which the particular
use is to be located.
b.
The design or any building or structure in connection with such facility
shall not exceed a height of 40 feet and shall conform to the general
character of the area and will not adversely affect the safe and comfortable
enjoyment of property rights of the zone in which it is located.
c.
Adequate and attractive fences and other safety devices will be provided.
d.
Sufficient landscaping including shrubs, trees and lawn are provided
and will be periodically maintained.
e.
The public utility use and lot meet all the applicable minimum requirements
of the district in which it is located, except that it need not have
the minimum required lot area. Only one principal building or structure
will be permitted on the lot and a paved parking area is required.
[2002 Code § 16.24.050]
Motor vehicle service stations and/or motor vehicle repair garages
may be permitted as a conditional use in those zones specified provided
that the use and/or structures shall adhere to the minimum standards
of the particular zone and the following:
a.
This site plan shall show the number and location of fuel tanks to
be installed, the dimensions and capacity of each storage tank, the
depth the tanks will be placed below the ground, the number and location
of pumps, wash racks, lubrication bays, air hoses and any other similar
equipment to be installed, the type of structure and accessory buildings
to be constructed, and the number of automobiles which are to be garaged.
b.
Motor vehicle service stations and/or motor vehicle repair garages
shall be located on a corner lot having an area of not less than 20,000
square feet with a minimum frontage of 150 feet on one street. If
the lot requirements for the zone are greater, they shall take precedence.
No building shall be constructed closer than 50 fee to any street
line or closer than 25 feet to any lot line. Where a filing station
or public garage abuts a residential zone along a side or rear property
line, the side or rear yard setback for the filling station or public
garage shall be increased from 25 feet to 50 feet and at twenty-five-foot
width planting screen approved by the Planning Board shall be provided
along the entire side or rear property line.
c.
No motor vehicle service station and/or motor vehicle repair garages
shall be located within 500 feet of any public entrance to a church,
school, library, fire station, park, playground, charitable institution,
or place of public assemblage. The distance shall be measured in a
straight line along the center line of streets forming the shortest
route from a point opposite the nearest boundary from the public entrance
to a point opposite the nearest boundary of the service station lot.
d.
Driveways shall cross the sidewalks at right angles at any point
thereof. Driveways shall be at least 25 feet from any side lot line
and at least 40 feet from the intersection of street lines.
e.
All fuel pumps, air hoses and any other equipment used in servicing
cars shall be located at least 35 feet from all street lines and 25
feet from other lot lines. Any canopy erected over the pump islands
shall be set back at least 10 feet from all lot lines, except along
a side or rear property line adjacent to a residential use or a residential
zone, the canopy shall be set back 50 feet from such line and a twenty-five-foot
width planting screen shall be provided along such line.
f.
No vehicle shall be permitted to be standing or parked on the premises
of a motor vehicle service station and/or motor vehicle repair garages
other than those used by the employees in the indirect or direct operation
of the establishment, except for the following: no more than 10 during
working hours and no more than six overnight. Overnight outdoor storage
of more than six vehicles shall be prohibited.
g.
All fuel tanks shall be installed underground.
h.
No outdoor oil drainage pits or hydraulic lifts shall be permitted.
i.
Any repair, lubrication or other similar services to motor vehicles
shall be performed in a fully enclosed building. No parts or partially
dismantled motor vehicle may be stored out-of-doors.
j.
Coin operated service stations are not permitted.
k.
No auto body work shall be permitted.
l.
Illumination shall be such that no direct glare from the lights shall
fall upon adjoining streets or properties.
m.
Sale of new or used cars is prohibited.
n.
Accessory goods for sale may be displayed on the pump islands and
the building island only. The outside storage of oil cans and/or antifreeze
and similar products may be displayed on the respective islands, if
provided for in a suitable metal stand or rack. No other outdoor sales
are permitted and the service station shall not be operated as or
in conjunction with a mini-mart or convenience store.
o.
The Municipal Agency shall determine that the planning of the lot
is property suited to the area and in connection therewith may require
adequate buffers of foliage or screen fencing, if necessary, to protect
surrounding properties from any lights or noises that may be generated
from the property.
p.
Signs shall conform to the requirements of the Borough sign regulations.
[2002 Code § 16.24.060; amended [Amended 4-17-2023 by Ord. No. 2023-02]]
In order to better utilize existing buildings within commercial
districts and to expand the available supply of housing within the
community, mixed use residential may be permitted as a conditional
use in those zones specified provided that the use and/or structures
shall adhere to the minimum standards of the particular zone and the
following:
a.
The building and the floor area in which the mixed use is proposed
shall be in existence at the time of adoption of this chapter and
not more than one dwelling unit shall be located within the building.
b.
The dwelling unit shall be confined to the upper stories of the building.
Street level space shall be occupied by the principal uses permitted
in the district.
c.
No dwelling unit shall contain more than two bedrooms. Dens, lofts,
and other such areas capable of serving as bedrooms shall be construed
to be bedrooms.
d.
Plans showing the overall use of the building shall be submitted.
Any building which is in a state of disrepair or violates the property
maintenance or health and safety standards of the Borough shall be
repaired or rehabilitated to conform to the applicable municipal requirements.
f.
The commercial use of the property shall be a permitted principal
use within the zone district.
g.
Off-street parking shall be provided for the dwelling unit unless
the municipal agency determines that there is sufficient existing
parking on site to support both the commercial and residential use
or that there is available on-street parking in reasonable proximity
to the building to support the mixed-use. A length of 23 feet per
on-street parking space with sufficient clearance to street intersections
or driveways shall be used in calculating the number of available
on-street parking spaces.
[2002 Code § 16.28.010]
The purpose of these provisions is to provide direction regarding
the administration and application of development requirements and
restrictions within the Borough's zone districts. Deviation from the
standards of this section will only be permitted when a variance is
granted pursuant to N.J.S.A. 40:55D-70.
[2002 Code § 16.28.020]
Any restrictions or requirements with respect to buildings or
land, which appear in other ordinances of the Borough or are established
by law and which are greater than those set forth in this chapter
shall take precedence over the provisions of this chapter.
[2002 Code § 16.28.030; Ord. 434A § 4; Ord. No. 7-11-05B; Ord.
No. 10-24-05F]
Except as otherwise provided in this chapter, the lawful use
of the land or a building existing at the date of the adoption of
this chapter may be continued although such use or building does not
conform to the regulations specified by this chapter for the zone
in which such land or building is located; provided, however, that:
a.
No nonconforming lot shall be further reduced in size.
b.
No nonconforming building or structure shall be enlarged, extended,
or increased unless such enlargement is conforming and in accordance
with the provisions of paragraph h of this subsection on nonconforming
structures.
c.
No nonconforming use may be expanded.
d.
Abandonment of Nonconforming Use. A nonconforming use shall be deemed
to be abandoned where there is (1) an intention to abandon as well
as (2) an external act (or omission to act) by which such intention
is carried into effect.
It shall be prima facie evidence that a nonconforming use has
been abandoned when there occurs a cessation of such use on the part
of a tenant or owner for a continuous period of at least one year.
When a nonconforming use has been abandoned, such use shall
not thereafter be reinstated and any structure shall not thereafter
be reoccupied, except in conformance with this chapter.
e.
Restoration of a Nonconforming Structure. If any nonconforming structure
shall be more than partially destroyed, then the structure may not
be rebuilt, restored, or repaired, except in conformity with this
chapter.
Destruction to the extent that rebuilding, repair or restoration
requires removal or demolition of any remaining portions of the damaged
part of the structure such that the only major components of the original
structure utilized in such building, repair or restoration are the
foundation or exterior walls shall be prima facie evidence that the
structure has been more than partially destroyed.
Nothing in this chapter shall prevent the strengthening or restoring
of any portion of a structure which has been declared unsafe by the
Construction Official.
f.
Certification of Preexisting Nonconforming Uses, Buildings and Structures. Upon application, the Administrative Officer (Zoning Officer), or the Board of Adjustment may issue a certificate in accordance with subsection 30-3.4d, certifying the legality of a preexisting nonconforming use, building, or structure.
g.
Alterations of Nonconforming Buildings or Structures. Alterations,
as applied to a nonconforming building or structure, shall include
only a change or rearrangement of interior partitions, the structural
supports or a change in exterior appearance.
A nonconforming building or structure may be altered, provided
that the cost of alterations does not exceed, in the aggregate, 50%
of the assessed value of the structure as recorded in the records
of the Tax Assessor. More substantial alternatives are not permitted
unless the building or structure is changed to conform to the requirements
of this chapter.
h.
Nonconforming Lots, Buildings, and Structures.
1.
No vacant nonconforming lot shall be used except as provided in this
section. No nonconforming building or structure shall be extended
or increased unless the enlargement is conforming and meets the requirements
set forth in this section.
2.
A vacant nonconforming lot may not be used for any purpose unless:
(a)
The proposed use and all existing uses is/are permitted principal
of accessory use(s).
(b)
The development complies with all other regulations of the zone.
(c)
Other than the minimum lot area, the lot conformed to the zoning
standards in effect immediately prior to the adoption of the ordinance
codified in this chapter.
(d)
The owner of the lot did not own any adjacent lot or lots at
the time of or since the adoption of this ordinance.
3.
Principal or accessory buildings or structures may not be constructed
on nonconforming lots and/or on lots which contain a nonconforming
principal building or structure unless:
(a)
Existing and proposed buildings or structures will be used for
a permitted principal building or accessory use.
(b)
The development complies with all other regulations of the zone.
(c)
The new structure or building conforms to all building requirements
of this chapter, and will not result in the creation of any nonconformity
related to the aggregate of all buildings or structures.
(d)
The owner of the lot did own any adjacent lot or lots at the
time of or since the adoption of this ordinance.
4.
A nonconforming building or structure may not be enlarged, extended,
increased in height, width, or depth; moved or relocated unless:
(a)
The proposed use and all existing use(s) is/are permitted principal
or accessory use(s).
(b)
The enlargement, extension or addition conforms to all building
requirements, and will not result in the creation or extension of
any nonconformity related to the aggregate of all structures or buildings.
(c)
The enlargement, extension, or addition does not exceed, in
the aggregate, 50%, or the existing building coverage or structure
coverage of the nonconforming building or structure that is to be
extended.
i.
Construction, alteration or expansion ("proposed work") of a nonconforming
structure shall be permitted, and a Development Permit shall be issued
by the Zoning Officer provided that:
1.
The proposed work complies with all other regulations in the zone.
2.
The proposed work does not increase, exacerbate, or change the specifics
of any existing nonconformity.
3.
The proposed work does not add volume to the structure outside the
permitted setback lines within the zone in which the property is located.
4.
The proposed work complies with all other regulations of the zone.
j.
Prior Approved Construction. Nothing herein contained shall require
any change in plans, construction or designated use of a building
for which a building permit has been hereto before issued and the
construction of which shall have been diligently prosecuted within
the three months of the date of such permit, and the ground story
framework or which, including the second tier of beams, shall have
been completed within six months of the date of the permit, and which
entire building shall be completed according to such plans as filed
within one year from the date of the adoption of the ordinance codified
in this chapter.
k.
District Changes. Whenever the boundaries of a district shall be
changed so as to transfer an area from one district to another district
of a different classification, the provisions of this chapter shall
also apply to any nonconforming uses existing therein or created thereby.
[2002 Code § 16.28.070; Ord. No.
2009-17 § II; Ord. No.
2013-11]
a.
On all corner lots, the depth of all yards abutting on streets shall
not be less than the minimum front yard depth required.
b.
Rear lot lines shall be a lot line opposite the shortest frontage
line on an improved street. In the event the frontage lines on the
improved streets are of equal length, the lot line opposite to the
street in which the property owner's post office address is located
shall be deemed the rear lot line. See examples of corner lots below.
 |
c.
Lot lines of corner lots that are coexistent with rear lines of adjoining
lots shall be considered rear lines.
d.
Lot lines and corner lots that are coexistent with lot lines of adjoining
corner lots shall be considered side lines.
e.
Each corner lot must, in addition to any rear yard required to conform to paragraph b of this subsection, maintain a rear yard setback for the yard most nearly opposite the front yard as required by subsection 30-7.7 of this section.
f.
Each street frontage of a corner lot shall conform to the minimum
required frontage for a corner lot in the applicable zone district
as specified in the Schedule of Yard, Area, and Building Requirements.
[2002 Code § 16-28.050]
Unless more stringent regulations are provided by other provisions
of this chapter at the intersection of two or more streets, no hedge,
fence, screening strip or wall higher than 30 inches above curb level,
nor any obstruction to vision, other than a post not exceeding one
foot in diameter, shall be permitted on any lot within the triangular
area formed by two intersecting street lines bounding the lot, or
the projection of such lines, and by a line connecting to a point,
on each line located 25 feet from the intersection of the street lines.
[2002 Code § 16.28.060]
Every principal building shall be built upon a lot with frontage
upon a public street improved to meet the municipal requirements or
for which such improvement has been guaranteed by the posting of a
performance guarantee pursuant to this chapter unless relief has been
granted under the provisions of N.J.S.A. 40:55D-36. In the case of
a lot fronting on the Navesink River, the frontage on the river may
be considered as lot frontage for the purpose of determining compliance
with the frontage requirement of the zone provided that the lot has
a right-of-way, that is owned fee-simple absolute as part of the lot,
with a minimum width of 20 feet that fronts on, provides access to,
and connects the lot with an improved public street.
[2002 Code § 16.28.070; Ord. No.
2009-29 § II; amended 4-17-2023 by Ord. No. 2023-02]
a.
No yard or other open space provided around any building for the
purpose of complying with the provisions of this chapter shall be
considered as providing a yard or open space for any other buildings,
and no yard or other open space on one lot shall be considered as
providing a yard or open space for a building on any other lot.
b.
All yards facing on a public street shall be considered front yards
and shall conform to the minimum front yard requirements for the zone
in which located except:
1.
Lots with frontage on more than one street which are not corner lots
may have a front and rear yard designated by the owner subject to:
(a)
If the lot contains a principal structure, the front will be
considered the direction the principal structure faces.
(b)
If the lot does not contain a principal structure and only one
street frontage conforms to lot frontage requirements, the yard abutting
the conforming street frontage will be considered the front yard.
2.
The designated rear yard of a lot with frontage on more than one
street shall be considered a rear yard for the purposes of this section,
except for the area within the depth of the required minimum front
yard determined as follows:
3.
Any lot not meeting the definition of a corner lot that in any event
has two sides adjacent to the same street right-of-way shall meet
the following requirements:
(a)
Any yard adjacent to a street right-of-way is required to maintain
the minimum front yard setback for the zone in which the property
is located.
(b)
For yards not adjacent to the street right-of-way, a minimum
of a rear yard setback must be maintained for one yard and a minimum
of one side yard setback must be maintained for any other yard.
c.
In the case of a corner lot, the yard most nearly opposite the front
yard shall be considered a rear yard and the minimum rear yard requirement
of the zone shall be maintained. A proposed principal building must
be oriented to face, which means it must have its most prominent facade
and principal entrance face, the front of the lot. The front of the
lot for the purpose of designating a rear yard and orienting the principal
building, shall be:
d.
Each exterior face of a single-family dwelling shall include windows.
The fenestrated portion of any elevation of a principal single-family
dwelling shall not be less than 4% of the area of the building face.
e.
Every part of a required yard shall be open and unobstructed from
its lowest level to the sky, except for the ordinary projections allowed
by the State Uniform Construction Code including, but not limited
to, sills, belt courses, chimneys, flues, buttresses, ornamental features,
and eaves, provided, however, that none of the aforesaid projections
shall project into the minimum required yards more than 24 inches,
unless otherwise permitted by this chapter.
f.
For New Construction only in residential zones, the minimum required
front yard setback shall be established as the Prevailing Front Yard
Setback, which is the greater of either:
[Added 4-17-2023 by Ord. No. 2023-02]
1.
The minimum
required front yard setback otherwise set forth in the zoning schedule
for residential uses in the particular zone in which the subject property
is located; or
2.
For New
Construction only, the average front yard setback calculated from
the front yard setbacks of all principal structures existing on all
properties that are (i) located within 200 feet of either side of
the subject property, and are also (ii) located on the same side of
the street as the subject property, and also (iii) have a front yard
facing the same street as the front yard of the subject property;
provided, however, that any property that would otherwise be included
in the above calculation but which property has a front yard setback
that exceeds the remaining average by more than 50% shall be excluded
from and not considered in making the above calculation. Further,
if the subject property is a corner lot, the average front yard setback
shall be calculated to both frontages of that lot separately.
[2002 Code § 16.28.080; Ord. No.
2014-04; Ord. No. 2018-02; amended 4-17-2023 by Ord. No. 2023-02]
Unless otherwise specified in this chapter on the zone district
schedule, accessory buildings and structures shall conform to the
following regulations as to their locations on the lot:
a.
Location of Accessory Buildings.
1.
An accessory building attached to a principal building shall comply
in all respects with the zoning requirements for the principal building.
2.
Detached accessory buildings shall not be located in a front yard.
3.
Detached accessory buildings shall comply with the zone district
standards of the zoning Schedule of Area, Yard and Building Requirements
with the following exceptions:
b.
No detached accessory building, in any residential zone, shall be
less than five feet from a principal building.
c.
No accessory building shall be constructed before the principal building.
d.
Accessory buildings must be located on the same lot as the principal
use to which they are accessory.
e.
Where the front or side yard is on a river, a private, in-ground
swimming pool (including cabanas, aprons, decks, walks, etc.) or boathouses
may be built in such front or side yard provided that in the R-30
and R-20 Districts, a side yard and front yard setback of 25 feet
is maintained. In all other districts, side yard and front yard setbacks
of 10 feet shall be maintained, however accessory structures such
as cabanas and boathouses shall maintain a setback of 50 feet or the
average setback of structures on the abutting riverfront property,
whichever is greater. However, in no event shall the required setback
be more than 75 feet.
g.
In a single-family zone district or on a lot with a single-family
dwelling, an entry driveway or walkway may cross any yard area but
not more than 25% of the front yard area shall be used as a driveway
or for off-street parking.
[2002 Code § 16.28.090]
The provisions of this chapter shall not apply to customary
underground essential services as herein defined except that all facilities
such as pumping stations, repeater stations and electric substations,
which require a building above ground, or any other above ground appurtenance
of any type more than 40 feet high, shall require approval as a conditional
use subject to the provisions of this chapter.
[2002 Code § 16.28.100]
Where two or more lots, created by the filing of a map pursuant
to the Map Filing Law prior to establishment of the Planning Board,
have any contiguous lines and are in single ownership and one or more
of the lots is nonconforming in any aspect, the lots involved shall
be considered to be an undivided parcel for the purposes of this section
and no portion of the parcel shall be conveyed or divided except through
the filing of an approved subdivision in accordance with the provisions
of this chapter.
[2002 Code § 16.28.110; Ord. No.
B-434A § 3; amended 4-17-2023 by Ord. No. 2023-02]
a.
No structure shall extend higher than the limit provided in each
zone for Building Height, which is defined as the vertical distance
measured to the highest point of the structure from the Average Existing
Grade.
b.
Turrets, spires, belfries, and domes shall not exceed the height of the ridge of the major roof type of the structure except that on a place of worship such structures shall be controlled by the conditional use requirements set forth for places of worship in subsection 30-6.3 of this chapter.
c.
Chimneys shall not project more than four feet above the roof.
d.
Cupolas and similar small structures built on top of a roof shall
not exceed four feet deep, by four feet wide, by six feet high.
e.
The height limitations of this chapter shall apply to ventilators,
skylights, HVAC equipment, stair towers and similar appurtenances
usually carried above roof level except:
f.
Finished
Floor Elevation (FFE) shall be measured from Average Existing Grade
to the surface of the finished floor immediately constructed on the
foundation wall or the slab-on-grade. The FFE for all new construction
and for any renovation or addition that modifies an existing FFE and
shall not exceed thirty (30") inches above Average Existing Grade.
[2002 Code § 16.28.120]
Whenever a person acquires title to the land under water adjacent
to his property by virtue of a riparian grant from the State of New
Jersey, then the grant area shall automatically be zoned the same
as the upland property adjacent to the grant, provided, however, that
any part of this grant not filled, graded and stabilized pursuant
to a valid construction permit, shall not be applicable to meeting
the minimum lot area for the governing zone.
[2002 Code § 16.28.130]
Solid wastes and recyclables from single- and two-family homes,
if stored outdoors, shall be placed in metal or plastic receptacles
with tight fitting covers.
Such receptacles shall not be stored or placed within front
yard area prior to the time at which materials are permitted to be
placed at the curblines for collection. Such receptacles may be stored
in either rear or side yard areas, but if stored within a side yard
area, they shall be screened from view of adjoining properties and
street areas with planting or fencing.
[2002 Code § 16.28.140]
No nonresidential use shall store materials of any kind outdoors
in any district except in connection with the construction of a structure
to be erected on the premises unless specifically permitted elsewhere
in this chapter.
[Ord. No. 2007-2 § 2;
16.28.140; Ord. No. 2007-6; Ord. No. 2008-03; Ord.
No. 2008-18; amended 12-19-2022 by Ord. No. 2022-18]
a.
A portable on-demand storage structure may be utilized as a temporary
structure within the Borough when in compliance with the standards
of this section. Any use of such structures within the Borough not
in compliance with this subsection shall be unlawful and subject to
fines and penalties as permitted under this Code.
b.
The term "portable on-demand storage structures" shall be defined
to be any container, storage unit, shed-like container or other portable
structure that can or is used for the storage of personal property
of any kind and which is located for such purposes outside an enclosed
building other than an accessory building or shed complying with all
building codes and land use requirements.
c.
Use of a portable on-demand storage structure shall only be permitted
where a permit has been issued by the Borough Code Enforcement Officer.
1.
An application for the permitted use of a portable on-demand storage
structure may be obtained from the Code Enforcement Officer, and the
application shall be submitted when completed by the party requesting
use of a portable on-demand storage structure on that form provided
by the Code Enforcement Officer to the Code Enforcement Officer with
a sketch showing the location of the trailer on the site and detailing
the distance of the trailer from other buildings, fire hydrants Fire
Department connections and/or utilities.
2.
All portable on-demand storage units shall be placed in driveways
unless otherwise approved by the Code Enforcement Officer.
d.
Length of time structures may be on property; extensions. A portable
on-demand storage structure may be located as a temporary structure
on property within the Borough for a period not exceeding 30 days
in duration from time of delivery to time of removal in circumstances
where a construction permit for the property has not been issued.
Where exceptional circumstances exist, the Code Enforcement Office
may alter the permit to extend the time where these structures may
be permitted on property.
In such circumstances where a construction permit has been issued
for the property, the portable on-demand storage structure may be
located as a temporary structure on property for a period not exceeding
90 days, with the right to three thirty-day extensions if deemed necessary
and appropriate by the Code Enforcement Office. In no event may a
portable on-demand storage structure be located on property for a
period in excess of 180 days in any twelve-month period. Extensions
beyond the 180 days may be granted by the Borough Council. The property
owner seeking the extension must apply to the Council at the time
that the last thirty day extension is applied for.
e.
No more than two portable on-demand storage structures may be located
on a specific piece of property within the Borough at one time; such
structures shall be individually limited for the duration time period
established herein.
f.
No portable on-demand storage structure located within the Borough
shall contain toxic or hazardous materials.
[2002 Code § 16.28.150; Ord. No.
2013-07]
a.
Except during garage, estate or auction sales conducted pursuant
to a permit issued by the Borough, no goods shall be displayed for
sale in any residential zone district.
b.
Business uses shall not permanently display goods for sale, including
motor vehicles, outdoors except where the goods displayed are the
merchandise of a business included within a structure located on the
site and the display is in accordance with a site plan approved by
the Municipal Agency.
c.
Temporary sales and outdoor display of goods may be permitted where
the goods displayed are the merchandise of a business included within
a structure located on the site. No business shall hold more than
five such sales per year nor shall any one sale exceed one week in
duration.
d.
Uses such as flea markets where two or more concessionaires, proprietors
or businesses display goods out of doors shall not be permitted in
any zoning district within the Borough except temporary sales operated
by nonprofit or charitable groups may be permitted where the goods
displayed are on a site which is already developed as a principal
use of the nonprofit group. No nonprofit group shall hold more than
two such sales per year nor shall any one sale exceed four days in
duration.
e.
Goods for sale, displayed or stored outdoors, in accordance with
an approved site plan, shall not be located closer than 25 feet to
any street right-of-way or 15 feet to any side or rear line, except
in conjunction with temporary sidewalk or other types of outdoor sales.
[Amended 10-13-2020 by Ord. No. 2020-04; 9-28-2020 by Ord. No. 2020-08]
f.
Temporary sales of Christmas trees may be permitted beginning the
day after Thanksgiving in November through the month of December in
business zones and on developed sites occupied by nonprofit or charitable
groups. Such sales shall be in accordance with a permit issued by
the Zoning Officer. No permit shall be issued unless adequate off-street
stopping space or maneuvering space for vehicles of customers can
be provided and it can be demonstrated that the temporary use will
not interfere with other uses on the site. Each such use shall be
permitted to have one freestanding sign, no larger than 12 square
feet in area, no closer to any property than 10 feet, and not extending
eight feet in height. Such signs shall be temporary and shall be removed
from the property on which the sales are being conducted no later
than December 31.
g.
In the event an application for a restaurant is before the Zoning Board of Adjustment or Planning Board for site plan, subdivision or variance approval where a sidewalk cafe or outdoor dining is proposed, the reviewing Board will not have jurisdiction to approve the sidewalk cafe or outdoor dining but may make a recommendation to the Governing Body for review of a license pursuant to Section 4-2. In the AH Affordable Housing Zone, AHO-1, AHO-2, AHO-3 and AHO-4 Affordable Housing Overlay Zones, any proposed outdoor dining hall shall be part of any site plan application submitted to the Planning Board.
[Amended 10-13-2020 by Ord. No. 2020-04; 9-28-2020 by Ord. No. 2020-08]
[2002 Code § 16.28.160]
a.
Home occupations, as defined in these regulations, are permitted
as an accessory use in the zones specified provided that within any
residential district, no building or lot with a home occupation will
be constructed or altered so as to be inharmonious to the residential
character of adjacent structures or to be inconsistent with the residential
character of the dwelling unit. Home Occupations are not permitted
in AH Affordable Housing Zone.
[Amended 10-13-2020 by Ord. No. 2020-04; 9-28-2020 by Ord. No. 2020-08; 5-24-2021 by Ord. No. 2021-06]
b.
The types of construction not considered to be residential in character
include, but are not limited to, store front type of construction,
garage doors (larger than needed for passenger vehicles or light commercial
vehicles), unfinished concrete blocks or cinder block wall surfaces,
metal panels, elimination of porches and wall surfaces without doors
and/or windows.
c.
The home occupation shall be clearly subordinate to the use of the dwelling for residential purposes and no external modifications shall be made that detract from the residential appearance of the dwelling unit. Any signs shall be limited to signs permitted in residential zones pursuant to subsection 30-7.24 of this chapter. A maximum of 25% of the ground floor area of the dwelling may be used in the home occupation.
d.
All activities related to the home occupation shall be conducted
within the dwelling. No outdoor display, repair, fabrication, processing,
or storage of materials, goods, supplies, or equipment used in the
home occupation shall be permitted.
e.
Not more than one person who is not a member of the household in
residence shall be employed in the home occupation.
f.
No equipment or process shall be used that creates noise, vibration,
glare, flames, odor, or electrical or electronic interference detectable
by neighbors.
g.
There shall be no use, storage, or disposal of any grouping or classification
of materials that the Federal Secretary of Transportation or the State
or the municipal Governing Body designates as a hazardous material.
h.
There shall be no appreciable increase in traffic or trips within
the neighborhood as a result of the home occupation.
i.
Prior to the commencement of a home occupation, except for those
occupations which are restricted to telecommuting, a zoning permit
for the occupation must be obtained from the Borough Zoning Officer.
The applicant shall specify the occupation to be engaged in, the area
of the dwelling to be used in the occupation, any alterations to be
made to the dwelling, and such other information as may be required
by the Zoning Officer in order to make an informed determination that
the use of the property will conform to the applicable regulations.
[2002 Code § 16.28.170; Ord. No.
2009-12 § II; Ord. No.
2011-06]
a.
Boats and boat trailers or parts, sections, pieces or appurtenances
of boats or boat trailers shall not be placed or stored in any front
or side yard on any lot situated in a residential zone, except:
1.
During the boating season (May 1 to November 1 of each year, unless
the boat is operated in conjunction with a valid State of New Jersey
Hunting, Fishing or Shellfish License in which case during the season
for which the license has been issued), boats under 21 feet in length,
and if more than one boat is parked or stored the combined length
of all such boats shall not exceed 45 feet, may be parked or stored
on any lot in a residential zone subject however to the following
restrictions:
(a)
All boats parked or stored under this section of the ordinance
shall be properly registered, if required, with New Jersey Motor Vehicle
Commission or otherwise required by law.
(b)
Any boat placed or stored on a lot must be the property of the
resident owner or resident tenant of the lot.
(c)
No boat may be placed or stored in any portion of the front
or side yard with the exception of a concrete, brick, asphalt, or
aggregate driveway.
(d)
A trailer may only be parked or stored in the front or side
yard if it has a boat placed on it.
2.
A boat house located in accordance with the prescribed setbacks (see subsection 30-7.8e) is permitted as an accessory building on a lot with direct access to navigable waterway.
3.
Nothing herein shall be construed to prohibit or restrict the storage
of boats or boat trailers within the rear yards of properties within
the residential zone.
b.
Boats or boat trailers or parts, sections, pieces or appurtenances
of boats or boat trailers may not be placed or stored on any lot situated
in the B-1 or B-2 Zone Districts except in accordance with a site
plan approved by the Municipal Agency or, for lots occupied by only
residential uses, in accordance with paragraph a of this section.
c.
Recreation vehicles or parts, sections, pieces or appurtenances of
recreational vehicles shall not be parked overnight, stored or placed
on any lot situated in a residential zone, except:
1.
Not more than one recreational vehicle may be parked overnight, stored
or placed on any lot in a residential zone.
2.
In residential zones, a recreational vehicle may be parked overnight,
stored or placed only on a rear yard no closer than 10 feet to any
property line.
3.
On a riverfront property the parking and storing of a recreational
vehicle shall be permitted upon that yard (rear, front or side) which
abuts the river or at some other part of the property totally screened
from the road and in no case nearer than 10 feet from any property
line other than the shoreline.
d.
Recreation vehicles or parts, sections, pieces or appurtenances of
recreational vehicles may not be parked overnight, stored or placed
on any lot in the B-1 or B-2 Zone Districts except in accordance with
a site plan approved by the Municipal Agency or, for lots occupied
by only residential uses in accordance with paragraph c of this section.
e.
Recreational vehicles or parts, sections, pieces, or appurtenances
and boats or boat trailers or parts, sections, pieces, or appurtenances
shall not be stored in the AH Zone.
[Added 10-13-2020 by Ord.
No. 2020-04; amended 9-28-2020 by Ord. No. 2020-08; 5-24-2021 by Ord. No. 2021-06]
[2002 Code § 16.28.180]
a.
No commercial motor vehicle having a rated maximum gross vehicle
weight (GVW) in excess of 8,000 pounds or having more than two axles,
shall be parked or stored overnight on any occupied property which
is primarily used for residential purposes or on any vacant property
in a residentially zoned area, except for vehicles engaged in construction,
parked or stored on an active construction site.
b.
Not more than one motor vehicle with commercial motor vehicle registration,
having a rated maximum gross vehicle weight (GVW) of 8,000 pounds
or less shall be parked or stored overnight on any occupied property
which is primarily used for residential purposes or on any vacant
property in a residentially zoned area, except for vehicles engaged
in construction, parked or stored on an active construction site.
This provision shall not apply to passenger automobiles with commercial
motor vehicle registration.
c.
No commercial vehicles will be permitted to park in the outdoor (non-residential)
parking area between the hours of 9:00 p.m. and 7:00 a.m.
[Added 10-13-2020 by Ord.
No. 2020-04; amended 9-28-2020 by Ord. No. 2020-08; 5-24-2021 by Ord. No. 2021-06]
[2002 Code § 16.28.190]
No building, structure or use shall be permitted within areas
defined as wetlands or wetlands transition areas by the New Jersey
Wetlands Act of 1970 or the New Jersey Freshwater Wetlands Protection
Act of 1987 except in accordance with a permit issued under the Act.
[2002 Code § 16.28.200]
a.
The provisions of this subsection shall apply to all radio and television
antennas, including dish antennas for satellite television reception,
herein referred to as dish antennas, except that these provisions
shall not be deemed to permit towers and antennas for cellular telephone
and personal communication services.
b.
A freestanding antenna shall be a permitted accessory use in all
zones, provided that the lot on which it is located contains a principal
structure.
c.
Freestanding antennas shall not be placed in the front yard, and
shall meet side and rear yard setback standards for an accessory building
for the zone in which the antenna is located.
d.
Procedure. Any property owner shall, prior to the placement of a
freestanding antenna not attached to a building, submit to the Construction
Code Official a plan showing the size of the antenna, the proposed
location of same on the subject premises, and any other information
as may be required herein.
e.
Plan Details. The plan shall be drawn on a map to a scale not smaller
than one inch equals 10 feet and include and show the following information:
1.
The name and address of the applicant and the name and address of
the property owner; the name, address and title of the person preparing
the plan; the date of preparation and the dates of each plan revision;
2.
An appropriate place for the signature of the Construction Code Official;
3.
The lot and block number(s) from the Borough tax map; the length
and bearings of the lot lines; and the location of the proposed project;
4.
All existing buildings and structures and all accessory buildings
and structures on the lot and location of the proposed project;
5.
Existing and proposed screening;
6.
Any and all other information necessary to meet any other requirements
of this subsection not listed below.
f.
Regulations.
1.
Dish antenna of a diameter of 24 inches or less may be mounted on
any side of a roof of a structure provided the side of the roof does
not front a public street and provided the top of dish antenna does
not extend above the top line of the roof. A dish antenna of a diameter
of more than 24 inches shall be freestanding ground-mounted only.
2.
Power control and signal cables from freestanding, ground-mounted
antenna to the served principal structure shall be buried underground
and installed in accordance with the applicable electrical and building
codes.
3.
Freestanding, ground-mounted antennas shall be screened to minimize
visibility from the street and adjacent properties.
g.
Design Standards.
1.
The diameter of a dish antenna shall not exceed 12 feet.
2.
A dish antenna shall be erected on a secured ground-mounted foundation
in accordance with the appropriate building codes.
3.
The overall height from the ground level to the highest point of
a dish antenna, including support structures; shall not exceed 12
feet.
[2002 Code § 16.28.210]
a.
General Provisions. As a condition of approval and the continuance
of any use, occupancy of any structure, and operation of any process
or equipment the applicant shall supply evidence, satisfactory to
the Municipal Agency, or to its designated representative, that the
proposed use, structure, process, or equipment will conform fully
with all of the applicable performance standards.
1.
As evidence of compliance, the Municipal Agency may require certification
of tests by appropriate government agencies or by recognized testing
laboratories, any costs thereof to be borne by the applicant.
2.
The Municipal Agency may require that specific types of equipment,
machinery, or devices be installed, or that specific operating procedures
or methods be followed if the government agencies or testing laboratories
examining the proposed operation, shall determine that the use of
such specific types of machinery, equipment, devices, procedures or
methods are required in order to assure compliance with the applicable
performance standards.
3.
Permits and certificates required by other government agencies shall
be submitted to the Municipal Agency as proof of compliance with applicable
codes.
4.
If appropriate permits, tests and certifications are not or cannot
be provided by the applicant, then the Municipal Agency or Administrative
Officer (Zoning Officer) may require that instruments and/or other
devices, or professional reports or laboratory analysis be used to
determine compliance with the following performance standards for
an existing or proposed use and the cost thereof shall be borne by
the owner, applicant, or specific use in question.
5.
Conditional Permit. In the event a determination cannot be made at
the time of application that a proposed use, process or piece of equipment
will meet the standards established in this section, the Municipal
Agency may issue or may recommend issuance of a conditional permit.
The conditional permit would be based on submission of evidence that
the proposed use, process or equipment will meet the standards established
herein after completion or installation and operation. Within 30 days
after a conditional permit is granted, a certificate of occupancy
shall be applied for and satisfactory evidence shall be applied for
and satisfactory evidence submitted that all standards established
by this subsection have been met.
b.
Applicability and Enforcement of Performance Standards.
1.
Applicability.
(a)
Prior to Construction and Operation. Any application for development
or building permit for a use which shall be subject to performance
standards shall be accompanied by submissions, attachments, certifications
as required by this section, and a sworn statement filed by the owner
of the subject property or the operator of the proposed use that the
use will be operated in accordance with the performance standards
set forth herein.
(b)
For Existing Structures. Any existing structure or use which
is after the effective date of the ordinance codified in this chapter,
allowed to deteriorate or is modified so as to reduce its compliance
with these standards will be deemed to be in noncompliance and to
constitute a violation.
2.
Continued Compliance. Continued compliance with performance standards
is required and shall be enforced by the Construction Official or
Administrative Officer (Zoning Officer).
3.
Termination of Violation. All violation shall be terminated within
30 days of notice or shall be deemed a separate violation for each
day following and subject to fines as set forth herein.
4.
Violation Inspection. Whenever, in the opinion of the Construction
Official or Administrative Officer (Zoning Officer), there is a reasonable
probability that any use or occupancy violates the regulations of
this chapter, they are empowered to employ a qualified technician
or technicians to perform investigations, measurements and analyses
to determine whether or not the regulations of this subsection are
being violated. In the event that a violation is found to exist, the
violator shall be liable for the reasonable fees of the technicians
employed to perform such investigations, measurements, and analyses.
c.
Performance Standards Established.
1.
Noise.
(a)
The definitions contained in the noise control regulations of
the New Jersey Department of Environmental Protection (N.J.A.C. 7:29-1.1
et seq., are incorporated by reference without being set forth in
full with regard to this subsection.
(b)
No person shall cause, suffer, allow or permit, nor shall any
application for development be approved which produces sound in excess
of the standards listed below when measured at any location outside
of the lot on which the use or source of sound is located:
(1)
Continuous airborne sound which has a sound level in excess
of 50 dBA; or
(2)
Continuous airborne sound which has an octave band sound pressure
level in decibels which exceeds the values listed below in one or
more octave bands:
|
Octave Band Center Frequency (Hz)
|
Octave Band Sound Pressure Level (dB)
|
|---|---|
|
31.5
|
86
|
|
63
|
71
|
|
125
|
61
|
|
250
|
53
|
|
500
|
48
|
|
1,000
|
45
|
|
2,000
|
42
|
|
4,000
|
40
|
|
8,000
|
38
|
; or
(3)
Impulsive sound in air which has an impulsive sound level in
excess of 80 decibels;
(4)
The provisions of this subsection
shall not apply to:
i.
Agriculture,
ii.
Bells, chimes or carillons while being used in
conjunction with religious services,
iii.
Commercial motor vehicle operations,
iv.
Emergency energy release devices,
v.
Emergency work to provide electricity, water, or other public
utilities when public health or safety are involved,
vi.
National Warning System (NAWAS) signals or devices
used to warn the community of attack or imminent public danger such
as flooding or explosion. These systems are controlled by the New
Jersey Civil Defense and Disaster Control Agency,
vii.
Noise of aircraft flight operations,
viii.
Public celebrations,
ix.
Public roadways,
x.
Stationary emergency signaling devices,
xi.
The unamplified human voice,
xii.
Use of explosive devices. These are regulated
by the New Jersey Department of Labor and Industry under the Explosives
Act (N.J.S.A. 21:1A-128 et seq.).
2.
Air Pollution. No substance shall be emitted into the atmosphere
in quantities, which are injurious to human, plant or animal life
or to property, or which will interfere unreasonably with the comfortable
enjoyment of life and property anywhere in the municipality. All provisions
of the New Jersey Air Pollution Control Code, as amended and as augmented
and all the following provisions stated, whichever shall be more stringent,
shall be complied with.
3.
Smoke. In any zone no smoke, the shade or appearance of which is
darker than No. 1 of the Ringelmann Smoke Chart, shall be emitted
into the open air from any incinerator of fuel burning equipment,
provided, however, that smoke emitted during the cleaning of a fire
box or a building of a new fire, the shade or appearance of which
is no darker than No. 2 of the Ringelmann Smoke Chart, may be permitted
for a period or periods aggregating no more than three minutes in
any 30 consecutive minutes.
4.
Solid Particles.
(b)
In any other zone, except industrial zones, the allowable discharge
shall be 75% of the allowable emission permitted by the New Jersey
Air Pollution Control Code.
(c)
In the industrial zone, the allowable discharge shall be the
allowable emission permitted by the New Jersey Air Pollution Control
Code.
(d)
No open burning shall be permitted in any zone.
(e)
All incinerators shall be approved by the State Department of
Environmental Protection.
(f)
Any road, parking area, driveway, truck loading or unloading
station, or any other exterior area having a substantial movement
of vehicles or equipment shall be paved or otherwise stabilized during
construction sufficient to prevent the generation of dust from the
movement of such vehicles or equipment.
5.
Odors. In any zone, no odorous material may be emitted into the atmosphere
in quantities sufficient to be to be detected without instruments.
Any process, which may involve the creation or emission of any odors,
shall be provided with a secondary safeguard system, so that control
will be maintained. Table I (Odor Thresholds in Air) in Part I (Odor
Thresholds for 53 Commercial Chemicals) of "Research on Chemical Odors,"
copyrighted October, 1968, by the Manufacturing Chemists Association,
Inc., Washington D.C., shall be used as a guide in determining quantities
of offensive odors.
6.
Liquid Waste. No liquid waste shall be discharged into any water
course, storm drain or sewage collection and disposal system, nor
into any ground sump, any well or percolation area, except in accordance
with plans approved by the Municipal Engineer, and where required
by the New Jersey Department of Environmental Protection.
7.
Solid Waste. All uses in the municipality shall:
(a)
Assume full responsibility for adequate and regular collection
and removal of all refuse, except if the municipality assumes the
responsibility.
(b)
Comply with all applicable provisions of the Air Pollution Control
Code.
(c)
Comply with all provisions of the State Sanitary Code, Chapter 8, "Refuse Disposal," Public Health Council of the State Department of Environmental Protection.
(d)
Permit no accumulation on the property of any solid waste, junk,
or other objectionable materials.
(e)
Not engage in any sanitary landfill operation on the property,
except as may be permitted by other municipal codes and ordinances.
(f)
Radiation. All use of materials, equipment or facilities, which
are or may be sources of radiation, shall comply with all controls,
standards and requirements of the United States Atomic Energy Act
of 1965, as amended and any codes, rules or regulations promulgated
under such Act, as well as the New Jersey Radiation Protection Law,
N.J.S.A. 26-2D et seq., as amended, whichever is more stringent.
8.
Fire and Explosion Hazards. All activities shall be carried on only
in buildings, classified as fireproof by the State Uniform Construction
Code and as determined by the Fire Department. The operation shall
be conducted in such a manner and with such precautions against fire
and explosion hazards as to produce no explosion hazard as determined
by the New Jersey Inspection Bureau of Fire Prevention to a use on
an adjacent property and must conform to the rules and regulations
of the most recent adopted edition of the Fire Prevention Code of
the National Board of Fire Underwriters and the Fire Department.
9.
Vibration. There shall be no vibration which shall be discernible
to the human sense of feeling beyond the boundaries of the lot on
which the source is located. At no point on or beyond the boundary
of any lot shall the maximum ground transmitted steady state or impact
vibration caused by any use or activity (except those not directly
under the control of the property user) exceed a particle velocity
of 0.10 inches per second for impact vibrations. Particle velocity
is to be determined by the formula 6.28F, where F is the frequency
of the vibration in cycles per second. For the purpose of measuring
vibrations, a three-component measuring system shall be used. For
the purpose of this section, steady state vibrations are vibrations
which are continuous, or vibrations in discrete impulses more frequent
than 100 per minute. Discrete impulses which do not exceed 100 per
minute shall be considered impact vibrations.
10.
Electromagnetic Interference. There shall be no electromagnetic interference
that:
11.
Heat. Every use and activity shall be so operated that it does not
raise the ambient temperature more than 2° C. at or beyond the
boundary of any lot line.
12.
Fire Resistant Construction. All new construction and additions shall
be fire resistant construction in accordance with the requirements
of the State Uniform Construction Code.
13.
Glare. There shall be no direct or sky-reflected glare exceeding
1.5 footcandles measured at the boundaries of the lot on which the
source is located. This regulation shall not apply to lights which
are used solely for the illumination of entrances or exits or driveways
leading to a parking lot. Any operation or activity producing intense
glare shall be conducted so that direct and indirect illumination
from the source of light shall not cause illumination in excess of
0.1 footcandle in residential districts.
14.
Lighting and Illumination. Artificial lighting or illumination provided
on any property or by any use shall adhere to the following standards:
(a)
The illumination provided by artificial lighting on the property
shall not exceed 0.5 footcandles beyond any property line.
(b)
Spotlights or other types of artificial lighting that provides
a concentrated beam of light shall be so directed that the beam of
light does not extend beyond any property lines.
(c)
Spotlights or other types of artificial lighting used to illuminate
signs or building faces shall not emit beams of light that extend
beyond the vertical plane of the sign or building face that they illuminate
and shall not be located in such a manner as to cause the beams of
light to be reflected upon any adjoining property, public street or
vehicular circulation area.
[2002 Code § 16.28.030; Ord. No.
2009-16; Ord. No. 2010-04; Ord. No. 2011-04; Ord. No. 2015-04]
a.
Purpose. The regulation of the location, size, placement and certain
features of signs is necessary to enable the public to locate goods,
services, and facilities in Fair Haven without difficulty and confusion,
to encourage the general attractiveness of the community, and to protect
property values therein. Accordingly, it is the intention of this
section to establish regulations governing the display of signs which
will:
1.
Promote and protect public safety, comfort, convenience and aesthetics;
2.
Enhance the economy and the business of the Borough by promoting
the reasonable, orderly and effective display of signs, and thereby
encourage increased communication with the public;
3.
Restrict signs and lights which overload the public's capacity to
receive information or which increase the probability of traffic congestion
and accidents by distracting attention or obstructing vision.
b.
General Provisions.
1.
All signs shall conform to the requirements of the New Jersey Uniform
Construction Code as adopted by the Borough and conform to generally
accepted standards of workmanship.
2.
All signs to be erected, inscribed, installed, replaced or altered
shall require a sign permit, except permitted signs for private residences
and permitted temporary signs. All sign applications shall be submitted
to the Construction Official.
The application fee for such permit shall be $25. The application
shall be approved or denied by the Construction Official within 15
working days after the application is received. Denial requires a
written report from the Construction Official stating the reason the
application has been denied. Denials may be appealed to the Zoning
Board of Adjustment for a variance in accordance with N.J.S.A. 40:55D-70.
3.
The maximum height for freestanding or projecting signs, unless otherwise
provided, shall not exceed 12 feet above ground level. (See special
restriction for signs in the historic district).
4.
All signs shall be located within the building line of the property,
unless otherwise specifically provided.
5.
No permanent marquees or canopies shall extend into the front yard
set back or over a public walk.
6.
Official signs erected by the Borough, County, State or Federal government
shall be permitted in all districts.
7.
One freestanding sign for identification shall be permitted for schools,
churches, hospitals or similar institutions, and for permitted clubs
and lodges, provided that the area shall not exceed 35 square feet
in total area.
8.
Floodlights shall not be located more than 12 feet above ground level
and shall be so placed and shielded as to prevent any glare or blinding
effect upon any lane of moving traffic or into any residential property.
No illumination shall be permitted on any sign from 11:00 p.m. until
6:00 a.m.
9.
No sign shall be located in such a manner as to materially impede
the view of any street or intersection.
10.
Signage, lettering, messages, logos and similar words located on
permitted architectural features, such as awnings, shall be included
in the overall sign area. The area shall be defined by a geometrical
shape that most accurately outlines the sign.
11.
Signs placed in windows are permitted subject to the following provisions.
Except for "For Sale" and "For Rent" signs, any temporary signs or
other advertising material glued or otherwise attached to a window
or otherwise exposed to public view shall relate to products or services
provided by the owner or tenant of the premises or to communications
or announcements of charitable, civic or community organizations displayed
with permission of an owner or tenant of the premises. The total area
of all such temporary sign or signs shall not exceed 25% of the area
of the window to which the sign or signs are attached or otherwise
exposed to public view.
12.
The bottom of all projecting signs shall be at least eight feet above
ground level. The top of projecting signs shall be at right angles
to the building and the outermost point of the sign shall not exceed
more than three feet from the side of the building.
13.
Only such signs as are specifically authorized by this chapter shall
be permitted uses.
14.
Nonconforming Signs.
(a)
Any nonconforming sign structure existing at the time of the
passage of this subsection may be continued until abandoned, destroyed
or the termination of the business shall be more than partially destroyed,
then the structure may not be rebuilt, restored, or repaired except
in conformity to this chapter. Destruction to the extent that rebuilding,
repair or restoration requires removal or demolition of any remaining
portions of the damaged sign structure shall be prima facie evidence
that the sign structure has been more than partially destroyed. Nothing
in this chapter shall prevent the strengthening or restoring of any
portion of a sign structure which has been declared unsafe by the
Construction Official.
(b)
Maintenance. If the Construction Official shall find that the
sign is unsafe, unsecured or in need of repair, or is not maintained
in proper painted condition, the Construction Official shall give
written notice to the permittee thereof. If the permittee fails to
repair or remove it within 30 days after such notice, such sign may
be removed in order to comply, by the Construction Official at the
expense of the permittee or owner of the property on which it is located.
(c)
Prohibited Signs.
(1)
No rotation beam, flashing illumination, or internal illumination
shall be used in connection with any sign.
(2)
Signs with any lighting or control mechanism which may cause
radio or television interference.
(3)
Any sign so erected, constructed or maintained as to obstruct
or be attached to any fire escape, door opening used as means of egress
or ingress, or for firefighting purposes, or placed so as to interfere
with any opening for ventilation required by law.
(4)
Signs utilizing the colors red or green in their illumination
when the signs are placed within 50 feet of a street intersection.
(5)
Any sign which is such a form, character or shape as to confuse
or dangerously distract the attention of the driver of a motor vehicle.
(6)
Any advertisement that uses a series of two or more signs or
units, placed in a line parallel to the street, or in similar fashion,
all carrying a single advertising message, part of which is contained
on each sign.
(7)
Signs which in any way simulate official, directional or waning
signs erected or maintained by the State of New Jersey, Monmouth County,
the Borough, or by railroad, or public utility or similar agency concerned
with the protection of the public health or safety.
(8)
Pennants or streamers except during a fourteen-day period following
the commencement of a new business or change of business ownership.
(9)
Signs which rotate or move or which have rotating or moving
parts.
(10)
Signs which extend above the parapet of a building.
(11)
Signs which are attached to utility poles or trees.
(12)
Banners except for special events which are covered
under paragraph b, 14(f) of this subsection.
(13)
Signs of contractors, tradesmen and professionals
located on the premises of job sites.
(14)
Signs on fencing advertising the company responsible
for the fencing installation.
(d)
Permitted Signs in Residential Zones.
(1)
A sign to identify a permitted professional use or the occupant
of a residence, a sign indicating the private nature of a driveway
premises, and of similar nature, providing that the area on one side
of any such sign shall not exceed two square feet, shall be situated
within the property lines of the premises it identifies and if freestanding
shall not exceed four feet in height above existing ground level.
(2)
One nonilluminated temporary sign advertising the prospective
sale or rental of the premises upon which it is maintained, provided
that the area on one side of any such sign shall not exceed four square
feet, shall not exceed three feet in height above ground level and
that it shall be removed within three days after consumption of a
lease or sale transaction.
(3)
One freestanding sign for each major subdivision, provided such
sign shall not exceed 20 square feet in area on each side and shall
not exceed eight feet in height. It shall be removed when the subdivision
is completed.
(4)
One decorative flag on the residential premises.
(e)
Permitted Signs in Business Zones.
(1)
Each business use may have:
i.
One wall sign on the front of the building, not exceeding a
total of 10% of the front building face area and not exceeding 30
square feet in area.
ii.
One permanent window sign painted on the window.
The sign shall only identify the business and shall not exceed 15%
of the gross window area or 10 square feet, whichever is greater.
iii.
Advertising signs and material in the windows
but the total area of all materials shall not exceed 25% of the window
area.
(3)
The overall sign area of all signs shall not exceed 15% of the
front building face area.
(4)
Where a business structure is located in the intersection of
two streets, or a street and a parking lot, an additional wall sign
may be erected or inscribed upon the side wall, provided that such
wall sign does not exceed 5% of the face area of the front of the
building. (This is included in the 15% of the face of the building).
(5)
Where the rear of the business structure adjoins a parking area
or public access to a street, a wall sign not exceeding five square
feet may be erected or inscribed, provided the total sign area of
the premises does not exceed 15% of the building face area. However,
where a public entrance exists at the rear of the business structure,
a wall sign not exceeding two square feet and stating the name of
the premises only may be erected or inscribed, which shall not be
counted toward the 15% of building face area limitation imposed in
this section.
(6)
One temporary sign advertising the sale or rental of real estate
on which it is located shall be permitted, provided that the area
on one side of such sign shall not exceed an area of 10 square feet.
(7)
Directional signs may be permitted on the premises, however,
no such sign shall exceed four square feet in area.
(8)
No freestanding sign shall be erected, installed or maintained
nearer than 10 feet from the boundary of any residential zone. The
illumination, if any, of such signs shall be of such intensity and
so directed as not to cause light to flow on to the adjacent residential
property.
(9)
Service stations shall be permitted to have up to three freestanding
portable signs. No more than one sign shall be permitted at a property
line. The signs shall not exceed 15 square feet in area on each side.
(10)
Service stations may have one freestanding internally
illuminated sign with a maximum area of 35 square feet on one side
and a maximum height of 18 feet above existing grade.
(f)
Special Event Signs.
(1)
Civic groups or service organizations may erect a temporary
sign prior to a special event provided that permission is granted
by the Mayor and Council.
(2)
Any business or professional user shall be allowed to erect
special event advertising material. Special event advertising material
may be either one banner or one portable sign. The banner or portable
sign shall not exceed 15 square feet in area on one side.
(3)
Provided a garage sale permit has been obtained, signs advertising
a garage sale may not exceed two square feet in area. The signs may
only contain the term "garage sale," "yard sale," "estate sale" or
language similar in nature and the address of the property where the
sale is to be held. One garage sale sign may be posted on the property
where the sale is to be held and not more than two additional signs
may be posted on private property within the Borough, but not on public
property or utility poles. The sign posted on the property where the
sale is to be held may be displayed up to five days prior to the sale
and must be removed immediately following the sale. The signs posted
within the Borough, but not on the property where the sale is to be
held, may only be posted on the day of the sale and must be removed
on the day that the sale is concluded.
(g)
Historic District.
(1)
The Fair Haven Historic Commission may erect or cause to be
erected on public property within the historic district informational
signs or plaques conveying historic information. No permit fees will
be charged for such signs.
(2)
With the approval of the Historic Commission, brass plaques,
not to exceed 1 1/2 square feet, containing historic data on
the structure, may be affixed on the front of the buildings within
the historic district.
(3)
Businesses located within the historic district may erect signs
which shall be in accordance with the standards set forth in the guidelines
established by the Historic Preservation Commission (see the Building
Code Official for a copy of the guidelines published by the Historic
Preservation Commission and approved by Council). In addition, special
provision for signs within the historic districts are:
i.
The height from the ground to the top of an authorized freestanding
sign shall not exceed 10 feet.
ii.
The setback from the edge of the sidewalk furthest
from the curbing to the edge of a sign shall be a minimum of two feet.
iii.
The size of each sign erected on a building with
more than one business occupying the building shall be a maximum of
10 square feet, with the total square footage for all signs erected
on the building being a maximum of 35 square feet.
iv.
A freestanding sign on business premises which
accommodate a single business entity shall not exceed 20 square feet.
v.
All signs and posts to display signs shall be constructed of
wood or materials which simulate wood in appearance.
vi.
All posts shall be finished with paint or opaque
stain. All other provisions of this subsection remain in effect with
respect to the historic district.
(h)
Temporary Real Estate Directional Signs. Temporary real estate
directional signs are permitted in residential and business zones
under the following circumstances:
(1)
"Temporary real estate directional signs" shall be defined as
removable, freestanding signs, to be placed in or on the ground, not
to exceed 18 inches in height, 24 inches in width and no higher than
30 inches above existing grade and shall only indicate the location
or directions to a residential property in the Borough to announce
an open house utilized in connection with the marketing of that property.
(2)
No more than one temporary real estate directional sign shall
be located on any one lot for each open house. The maximum number
of temporary real estate directional signs shall be limited to two
for any one open house.
(3)
A temporary real estate directional sign may only be installed
during the hours from 11:00 a.m. to 5:00 p.m. on the day the open
house is being conducted. All temporary real estate directional signs
shall be removed no later than 6:00 p.m. of the day of the open house.
(4)
A temporary real estate directional sign, as defined herein,
shall not include any illumination, nor shall there be affixed thereon
any balloon, streamer or any other decorative accessory.
The Signs Master Matrix Plan has been included as an attachment to this chapter.
[2002 Code § 16.28.240]
a.
No fence shall be constructed on any property unless a fence permit
for such fence has been issued. An application for a fence permit
shall be submitted to the Construction Official accompanied by an
application fee of $10 and shall be accompanied by a plan showing
the height, type, and location of the proposed fence in relation to
lot lines, the street, buildings and other structures. The application
shall be acted upon by the Construction Official within 15 days of
submission. Decorative and animal control fences for use around gardens,
shrubs, etc., shall be exempt from the permitting process, but must
comply with all height and type requirements.
b.
No fence shall exceed six feet in height except as follows:
1.
On park, recreation or school properties, open wire fences not exceeding
eight feet in height may be erected in the rear or side yard areas
and behind the building setback line.
2.
Fences specifically required or approved by the Borough Planning
Board, Board of Adjustment, Borough Council or required by other provisions
of this chapter or other municipal and State regulations.
c.
No fence exceeding 42 inches in height shall be erected within a
front yard, or within 50 feet of any river, lagoon, or other body
of water. Residents living adjacent to public property used for waterfront
access may have the height requirement waived after application to
the Construction Official. For fence posts only, when designed with
an ornamental or decorative cap moulding or trim or a newel cap, are
permitted to have a maximum height of 48 inches.
d.
Fences constructed of stone, block, brick or other masonry construction
shall not exceed 30 inches in height. Freestanding pillars shall be
exempt from the height requirement. Any fence constructed of concrete
or concrete block shall have a decorative finish surface of stucco
or shall be constructed of concrete masonry units having a decorative
finish surface such as a split face, fluted or ribbed or scored block.
e.
Fences located within a front yard or within 50 feet of any river,
lagoon, or other body of water shall be open fences as defined in
this chapter.
f.
Chain link, open wire, or wire mesh fence shall not be located in
a front yard. In the AH Affordable Housing Zone, chain link, open
wire, or mesh fences shall be prohibited.
[Amended 10-13-2020 by Ord. No. 2020-04; 9-28-2020 by Ord. No. 2020-08; 5-24-2021 by Ord. No. 2021-06]
g.
In any business zone, a chain link, open wire, or wire mesh fence
not exceeding six feet in height may be erected in the rear or side
yard of a multi-family or nonresidential use in accordance with a
site plan approved by the Municipal Agency.
h.
All fences must be erected within the property lines and no fence
shall be erected as to encroach upon a public right-of-way.
i.
Fences or walls with pointed or sharpened metal elements or with
angular embedded glass or ceramic elements or with barbed wire, razor
wire or electric elements or with a design or element which, in the
opinion of the Code Enforcement Officer, is otherwise hazardous or
dangerous are prohibited in all zones.
j.
Canvas or cloth fence and fencing construction is prohibited in all
zones.
k.
All supporting members of a fence shall be located on the inside
of the fence, and if erected along or adjacent to a property line,
the supporting members of the fence shall face the principal portion
of the tract of land of the property upon which the fence is erected.
l.
Tennis court fences, baseball and softball backstops and spectator
protective fencing located within a public park or public recreation
area of the Borough are exempt from the requirements of this subsection.
In all other locations such fencing is exempt from the requirements
of this subsection provided it is not located within a required yard
area. Located outside of any required yard area, such fencing is subject
to the height limitations of the particular zone district.
m.
Fences shall be erected in a manner so as to permit the flow of natural
drainage and shall not cause surface water to be blocked or damaged
to create ponding.
n.
Any fence erected within the historic district shall adhere to the
"Design Guidelines of the Fair Haven Historic District" adopted by
the Fair Haven Historic Preservation Commission provided these guidelines
have been approved by the Borough Council.
o.
Any sign or label identifying a fence manufacturer or contractor
shall be removed at the time of installation of the fence.
p.
Fences specifically required by law shall be exempt from the fence
standards of this subsection but only to the extent of meeting the
minimum requirements of the law and such fences shall remain subject
to the requirement for the issuance of a fence permit.
q.
In the AH Affordable Housing Zone, a solid decorative fence shall
be installed along the side and rear property lines that has a maximum
height of 6 feet.
[Added 10-13-2020 by Ord.
No. 2020-04; amended 5-24-2021 by Ord. No. 2021-06]
[2002 Code § 16.28.250]
a.
A private garage accessory to a principal building is permitted in
any zone district, except for the AH Affordable Housing zone. Garages
are prohibited within the AH Affordable Housing Zone.
[Amended 10-13-2020 by Ord. No. 2020-04; 9-28-2020 by Ord. No. 2020-08; 5-24-2021 by Ord. No. 2021-06]
b.
On any lot in any R-40, R-30, R-20, or R-15 Zone, private garage
space may be provided for not more than three motor vehicles. In any
R-10A, R-10B, R-10, R-7.5, and R-5 Zone, private garage space may
be provided for not more than two motor vehicles; and no public garage
is permitted in a single-family residential zone.
c.
No part of any garage shall be used for residential purposes.
d.
In any R-40 or R-30 Zone, a garage for the storage of at least two
automobiles shall be provided for each detached dwelling unit. In
any of the aforementioned zones or in any residential zone where a
garage exists, and such garage is needed to meet the off-street parking
requirements, the garage shall not be enclosed and/or converted into
another use without the property owner constructing a conforming replacement
garage.
e.
Except as provided by subsection 30-7.19 of this section, no trucks, tractor-trailers, tractors (for use in pulling trailers) or trailers shall be parked, stored or garaged in any residential zone, provided however, that these provisions shall not be construed to prevent the delivery by the use of such vehicles to premises in the residential zones of merchandise, furniture or construction materials to be used in construction upon the premises.
f.
No detached garage shall exceed one story in height.
g.
A one-story detached garage may be located not less than five feet
from any side or rear lot line provided it is at least 50 feet from
any principal dwelling located on any adjoining lot.
[2002 Code § 16.28.260]
No fill in excess of 10 cubic yards shall be placed on any property
within the Borough nor shall any soil be removed from any property
within the Borough without the prior approval of the Borough. Approval
of a site plan or subdivision showing such filling or removal or approval
of grading plan by the Construction Official and/or the Planning Board
or Borough Engineer shall constitute such prior approval of the Borough.
[2002 Code § 16.28.270]
Tennis courts and platform tennis courts are permitted as an
accessory in the zones specified on single-family residential properties
of 60,000 square feet or larger subject to the following requirements:
a.
No lighting of tennis courts or paddle tennis courts shall be permitted
in any residential zone district.
b.
Only one court of regulation size is permitted and may be enclosed
by a chain link fence not more than 12 feet high.
c.
The court, inclusive of fence, shall be set back 35 feet from side
and 50 feet from rear property lines and shall not be used for play
after dark.
d.
A grading and drainage plan for the court shall be submitted to the
Borough Engineer for review and approval. The plan shall be designed
to control surface waters in a manner that will not adversely affect
the subject property or abutting plans. An engineering fee of $200
shall be paid by the applicant for the initial review and a review
fee of $100 shall be paid for each review of a revised plan.
[2002 Code § 16.28.280]
Prior to the moving and relocation of any building from the
existing foundation to a site within the Borough, the foundation at
the proposed site shall have been completed. Work to secure the relocated
building on the new foundation shall be pursued immediately and the
building shall not be placed in any temporary location except during
the twenty-four period when the work of moving is done.
[2002 Code § 16.28.290]
No business, office or commercial activity which invites or
permits customer or public use, visitation or occupancy shall operate
between the hours of 11:00 p.m. and 6:00 a.m. except: (1) Those businesses
(such as establishments licensed to serve alcoholic beverages) which
have their hours regulated by government law, regulation or ordinance,
or (2) in accordance with specific site plan approval by the Municipal
Agency.
[2002 Code § 16.28.300]
These provisions apply to lot fronting on a river or other navigable
waterway:
a.
The yard bordering on a river or other navigable waterway may be
designed as a front yard if the water frontage conforms to the minimum
lot frontage of the zone district.
b.
If the yard is so designated then the minimum required lot frontage on an improved street shall be provided as specified in subsection 30-7.6 of this section for a lot fronting on a river. In any subdivision, the road frontage reduction permitted by this provision may only be applied to one lot.
e.
The minimum setback from a river, except for accessory structures provided for in subsection 30-7.8e of this section, and docks and bulkheads, shall be the greater of 50 feet or the average of the existing setback of structures on the abutting river front property. However, in no event shall the required setback be more than 75 feet.
f.
In all zones fronting on a river, the height of hedges, screen plantings,
walls or fences between residential properties shall in no event exceed
three feet within the required river setback; provided, however, this
section shall not be construed to prohibit the planting of shade or
ornamental trees either individually or in small groupings.
[Added 12-16-2019 by Ord. No. 2019-15[1]]
The bottom of the floor slab of a basement or cellar shall be
a minimum of two feet above the seasonal high-water table based on
mottling data prior to the construction of a new basement and/or cellar.
The bottom of any proposed sump pit shall also be located a minimum
of two feet above the seasonal high-water table. Soil boring logs
and/or soil pit profiles shall be provided to document the seasonal
high-water elevation to the satisfaction of the Zoning Officer, Construction
Official and/or Borough Engineer. The soil borings and/or pits shall
be located within the footprint of the principal structure.
[Added 7-24-2023 by Ord. No. 2023-07]
a.
Rentals
Less than 95 Consecutive Days Prohibited. All rentals of residential
structures, in whole or part, and all rentals of dwellings, in whole
or part, for any period less than 95 consecutive days, in the R-5,
R-7.5, R-10, R-10A, R-10B, R-15, R-20, R-30, and R-40 Districts, are
prohibited.
b.
Enforcement.
Any person, firm or corporation who shall be convicted of violating
this section, in addition to any other penalties for violations of
applicable ordinances, shall, upon conviction, be subject to a fine
of not less than $500 for each and every day of the term of any rental
that is noncompliant with this section.
[2002 Code § 16.32.010]
The purpose of good subdivision and site design is to create
a functional and attractive development, to minimize adverse impacts,
and to ensure that a project will be an asset to a community.
This section presents design guidelines and standards which are differentiated as follows: design guidelines (subsection 30-8.2) provide a framework for sound planning; design standards (subsections 39-8.3 through 30-8.5) set forth specific improvement requirements.
The developer shall only be permitted to build the maximum density,
intensity of development, and floor area ratio permitted by the zone
district requirements schedule where it is demonstrated that the development
adheres to all applicable ordinances, including the design standards
and guidelines set forth herein and creates no exceptional adverse
impacts. Deviations from the standards and guidelines of this section
will only be permitted when authorized by the Municipal Agency through
the issuance of a design waiver.
The purposes of the guidelines and standards is to ensure that
the design of new development gives appropriate consideration to the
scale and character of the existing neighborhood in which a development
is to be located.
[2002 Code § 16.32.020]
In project design and in reviewing project applications, the
following principles of subdivision and site design shall apply:
a.
Data Gathering and Site Analysis.
1.
Assess site characteristics, such as general site context and surrounding
land uses; geology and soil; topography; climate; ecology; existing
vegetation, structures, and road networks; visual features; and past
and present use of the site.
b.
Subdivision and Site Design.
1.
Base the design of the development on the site analysis. Locate development
to the maximum extent practical to preserve the natural features of
the site, to preserve areas of environmental sensitivity, and to minimize
negative impacts and alteration of natural features and to create
an appropriate design relationship to surrounding uses.
2.
Design and arrange streets, lots, parking areas, buildings, and units
to reduce unnecessary impervious cover, and to mitigate adverse effects
of shadow, noise, odor, traffic, transportation, drainage, and utilities
on neighboring properties.
3.
Consider all existing local and regional plans for the surrounding
community.
4.
Design storm drainage facilities as an integral part of the development,
and arrange the design to use as much of the natural drainage as possible.
5.
Design lots and sites to reduce cut and fill, and to avoid flooding
and adversely affecting groundwater and aquifer recharge; and provide
for sewage disposal and adequate access.
c.
Residential Development Design.
1.
Residential developments may be arranged as permitted by the zone
district regulations. Consider topography, privacy, building heights,
orientation, drainage, and aesthetics in placement of units. Provide
units with private outdoor space where appropriate and practical.
2.
Space buildings so that adequate privacy is provided for units.
d.
Nonresidential Development Design.
1.
Design nonresidential and industrial developments according to the
same principles governing design of residential developments; locate
buildings based on topography; avoid to the maximum extent practical
environmentally sensitive areas; consider factors such as drainage,
noise, odor and surrounding land uses in citing buildings; buffer
where adverse impacts exist.
e.
Circulation System Design.
1.
Design the street system to permit the safe, efficient, and orderly
movement of traffic.
2.
In addition, design the street system to meet the following objectives:
to meet but not exceed the needs of the present and future population
served; to have a simple and logical pattern; to respect natural features
and topography; and to present an attractive streetscape.
4.
Locate pedestrian walkways parallel to the street, but permit exceptions
to preserve topographical or natural features, or to provide visual
interest or for ease of circulation.
5.
Where separate bicycle paths are required by the master plan, design
those for commuters so that they are reasonably direct. Design recreational
paths to follow scenic routes, with points of interest highlighted.
6.
Within commercial areas cross connections and cross easements among
properties should be provided to allow for ease of vehicular and pedestrian
access.
f.
Landscape Design.
1.
Provide landscaping in public areas, on recreation sites, and adjacent
to buildings to screen parking areas, mitigate adverse impacts, and
provide windbreaks for winter winds and summer cooling for buildings,
streets, and parking.
2.
Select the plant or other landscaping material that will best serve
the intended function, and use landscaping materials, appropriate
for local soil conditions, water availability, and environment.
3.
Vary the type and amount of landscaping with type of development,
and accent site entrance with special landscaping treatment.
4.
Consider massing trees at critical points rather than in a straight
line at predetermined intervals along streets.
5.
Consider the impact of any proposed landscaping plan at various time
intervals. Shrubs may grow and eventually block sight distances. Foundation
plants may block out building windows.
g.
Building Design.
1.
Building design should enhance the visual pattern of the surrounding
community by promoting visual harmony and utilizing transitions between
new and older buildings.
2.
New buildings should strength particular design features of the area
by, for example, framing views, enclosing open space, or continuing
particular design features or statements.
3.
The height and bulk of new buildings should be compatible with the
planned scale of surrounding development.
[2002 Code § 16.32.030]
a.
In subdivision and site design, the following areas shall be preserved
as undeveloped open space:
1.
Wetlands (as defined in Section 404, Federal Water Pollution Control
Act Amendments of 1972 and delineated on wetlands maps prepared by
the United States Fish and Wildlife Service, and/or N.J.A.C. 7:7A,
the New Jersey Freshwater Protection Act Rules, field verified by
an on-site inspection);
2.
Significant trees, (defined as the largest known individual trees
of each species in New Jersey as listed by the New Jersey Department
of Environmental Protection (NJDEP) Bureau of Forestry; large trees
approaching the diameter of the known largest tree; and/or species
that are rare to that area or of particular horticultural or landscape
value);
3.
Lands in the floodplain (as defined by N.J.D.E.P. in its Stream Encroachment
Manual) or identified as "A" or "V" zones on the current Borough Flood
Insurance Rate Map;
4.
Steep slopes (in excess of 15% as measured over a ten-foot interval
unless appropriate engineering measures concerning slope stability,
erosion and resident safety are taken); and
5.
Habitats of endangered wildlife (as identified on Federal or State
lists).
b.
Residential lots shall front on local streets to the extent possible.
c.
Every lot shall have access to it that is sufficient to afford a
reasonable means of ingress or egress for emergency vehicles as well
as for all those likely to need or desire access to the property in
its intended use.
d.
The road system for residential subdivisions shall be designed to
serve the needs of the neighborhood and to discourage use by through
traffic.
e.
To the extent consistent with the reasonable utilization of land,
site design shall promote the conservation of energy through the use
of planning practices designed to reduce energy consumption and to
provide for maximum utilization of renewable energy sources.
f.
Every proposed lot shall be suitable for its intended use. Every
lot created hereafter shall provide sufficient developable area within
the building envelope as delineated by the required setbacks for the
placement of the principal building(s), parking, loading, circulation,
usable open space, and other improvements. The developable area within
the building envelope shall be reasonably free of and unconstrained
by wetlands, steep slopes with a gradient of 15% or greater, and easements
or other limiting features. An applicant may be required to submit
alternative designs to ensure that each lot is suitable to the intended
use and the Municipal Agency may withhold approval of any lot which
it determines to be unsuitable.
[2002 Code § 16.32.040]
a.
Purpose.
1.
Landscaping shall be provided as part of site plan and subdivision
design. It shall be conceived in a total pattern throughout the site,
integrating the various elements of site design, preserving and enhancing
the particular identity of the site and creating a pleasing site character.
2.
Landscaping may include plant materials such as trees, shrubs, ground
cover, perennial, and annuals and other materials such as rocks, water,
sculpture, art, walls, fences, and building and paving materials.
b.
Landscape Plan. A landscape plan prepared by a certified landscape architect shall be submitted with each subdivision or site plan application, unless an exception is granted pursuant to subsection 30-3.4a1(f) of this chapter. The plan shall identify existing wooded areas and existing trees, six inches or greater caliper, and proposed trees, shrubs, ground cover, natural features such as rock outcroppings, and other landscaping elements. The plan should show where they are or will be located and planting and/or construction details. When existing natural growth is proposed to remain, applicant shall include in the plans proposed methods to protect existing trees and growth during and after construction.
c.
Site Protection and General Planting Requirements.
1.
Topsoil Preservation. Topsoil moved during the course of construction
shall be redistributed on all regraded surfaces. At least four inches
of even cover shall be provided to all disturbed areas of the development
and shall be stabilized by seeding or planting. If excess topsoil
remains, the thickness shall be increased. If additional is required,
the developer shall provide it. Removal of excess topsoil shall only
be permitted in accordance with a plan approval by the Municipal Agency.
2.
Removal of Debris. All stumps and other tree parts, litter, brush,
weeds, excess or scrap building materials, or other debris shall be
removed from the site and disposed of in accordance with the law.
No tree stumps, portions of tree trunks or limbs shall be buried anywhere
in the development. All dead dying trees, standing or fallen, shall
be removed from the site. If trees and limbs reduced to chips, they
may, subject to approval of the Municipal Engineer, be used as mulch
in landscaped areas. A developer shall be exempt from these provisions,
however, and shall permitted to dispose of site-generated new construction
wastes on-site as long as conditions set forth in N.J.A.C. 7:26-1
are met.
3.
Protection of Existing Plantings Maximum effort should be made to
save fine specimens (because of size or relative rarity). The Municipal
Agency may require submittal of a plan for the conservation of existing
trees and shrubs. Such plans shall indicate which trees and shrubs
are to be cleared and which shall be retained. All Dogwood (Cornus
florida) and America in Holly (Ilex opaca) having a trunk of one inch
or greater at breast height, and all native Laurel shrubs (Kalmia
latifolia). No material or temporary soil deposits shall be placed
within four feet of shrubs or 10 feet of trees designated to retained
on the preliminary and/or final plat. Protective barriers or tree
wells shall installed around each plant and/or group of plants that
are to remain on the site. Barriers shall not be supported by the
plants they are protecting, but shall be self-supporting. They shall
be a minimum of four feet high and constructed of a durable material
that will last until construction is completed. Snow fences and silt
fences are examples of acceptable barriers.
4.
On major applications, a tree save plan shall be submitted for approval
by the Municipal Agency. The plan shall include:
(a)
Slope Plantings. Landscaping of the area of all cuts and fills
and/or terraces shall be sufficient to prevent erosion, and all roadway
slopes steeper than one foot vertically to three feet horizontally
shall be planted with ground covers appropriate for the purpose and
soil conditions, water availability, and environment.
(b)
Additional Landscaping. In residential developments, besides
the screening and street trees required, additional plantings or landscaping
elements shall be required throughout the subdivision where necessary
for climate control, privacy, or for aesthetic reasons in accordance
with a planting plan approved by the Municipal Agency. In nonresidential
developments, all areas of the site not occupied by building and required
improvements shall be landscaped by the planting of grass or other
ground cover, shrubs, and trees as part of a site plan approved by
the Planning Board.
At a minimum, the equivalent of at least two shrubs and one
shade or ornamental tree of 2 1/2 inch caliper or greater shall
be provided for each 1,500 square feet of area of a residential development
not covered by buildings or improvements and for each 1,000 square
feet of nonresidential development. Existing healthy specimen trees
may be included in satisfying these requirements. These plantings
shall be in addition to any other landscaping requirements including
landscaping of off-street parking areas and buffer areas.
(c)
Planting Specifications. Deciduous trees shall have a least
a two-inch caliper at planting. Size of evergreens and shrubs shall
be allowed to vary depending on setting and type of shrub. Only nursery-grown
plant materials shall be acceptable; and all trees, shrubs, and ground
covers shall be planted according to accepted horticultural standards.
Dead or dying plants shall be replaced by the developer during the
following planting seasons.
(d)
Plant Species. The plant species selected should be hardy for
the particular climatic zone in which the development is located and
appropriate in terms of function and size.
d.
Street Trees.
1.
Location. Street trees shall be installed on both sides of all streets
in accordance with the approved landscape plan. Trees shall either
be massed at critical points or spaced evenly along the street, or
both.
|
Tree Size
(feet)
|
Planting Interval
(feet)
|
|---|---|
|
Large trees (40+)
|
50
|
|
Medium-sized trees (30 — 40)
|
40
|
|
Small trees (to 30)
|
30
|
|
If a street canopy effect is desired, trees may be planted closer
together, following the recommendations of a certified landscape architect.
The trees shall be planted so as not to interfere with utilities,
roadways, sidewalks, sight easements, or street lights. Tree location,
landscaping design, and spacing plan shall be approved by the Planning
Board as part of the landscape plan.
|
2.
Tree Type. Tree type may vary depending on overall effect desired,
but as a general rule, all trees shall be the same kind on a street
except to achieve special effects. Selection of tree type shall be
approved by the Municipal Agency.
3.
Planting Specifications. All trees shall have a caliper of 2 1/2
inches and they shall be nursery grown, of substantially uniform size
and shape, and have straight trunks. Trees shall be properly planted
and staked and provision made by the applicant for regular watering
and maintenance until they are established. Dead or dying trees shall
be replaced by the applicant during the next planting season.
e.
Buffering and Screening.
1.
Function and Materials. Buffering shall provide a year-round visual
screen in order to minimize adverse impacts from a site on an adjacent
property or from adjacent areas. If may consist of fencing, evergreens,
berms, rocks, boulders, mounds, or combinations to achieve the stated
objectives.
2.
When Required. All uses, other than single-family detached and two-family
detached dwellings and their accessory uses, shall provide buffers
along side and rear property lines which abut areas zoned residentially
or used for residential purposes. Buffering shall also be required
when topographical or other barriers do not provide reasonable screening
and when the Municipal Agency determines that there is a need to shield
the site from adjacent properties and to minimize adverse impacts
such as incompatible land uses, glaring light, and traffic. In dense
developments, when building design and siting do not provide privacy,
the Municipal Agency may require landscaping, fences, or walls to
ensure privacy and screen dwelling units.
Where required, buffers shall be measured from property lines.
(a)
Buffer strips shall be 25 feet wide but need not exceed 10%
of the lot area. Where a twenty-five-foot wide buffer is infeasible
because of established development patterns, the Board may consider
alternative designs that would create an effective buffer.
(b)
In addition to any required buffer, parking area, garbage collection,
utility areas and loading and unloading areas should be screened around
their perimeter by a strip a minimum of five feet wide. This screening
strip may be omitted when areas cited as adjacent to a twenty-five-foot
wide buffer.
(c)
It is preferred that residential lots abut and have access from
local streets. When they must abut higher-order streets, a landscaped
buffer area shall be provided along the property line abutting the
road. The buffer shall have a minimum width equal to the required
front yard setback of the lot. The portion of the lot within the buffer
strip shall not be included in determining minimum lot area. Yard
setbacks shall be measured from the buffer strip limit.
3.
Design. Arrangement of planting in buffers shall provide maximum
protection to adjacent properties and avoid damage to existing plant
material. Possible arrangements include planting in parallel, serpentine,
or broken rows. If planted berms are used, the minimum top width shall
be four feet, and the maximum side slope shall be 2:1.
4.
Planting Specifications. Plant materials shall be sufficiently large
and planted in such a fashion that a screen at least eight feet high,
occupying 50% of the width of the buffer strip, shall be produced
within three growing seasons. All plantings shall be installed according
to accepted horticultural standards.
5.
Maintenance. Plantings shall be watered regularly and in a manner
appropriate for the specific plant species through the first growing
season, and dead or dying plants shall be replaced by the applicant
during the next planting season. No buildings, structures, storage
of materials, or parking shall be permitted within the buffer area;
buffer areas shall be maintained and kept free of all debris, rubbish,
weeds, and tall grass.
f.
Parking Lot Landscaping.
1.
Amount Required. In parking lots, at least 5% of the interior parking
area shall be landscaped with plantings, and one tree for each 10
spaces shall be installed. Parking lot street frontage screening and
perimeter screening shall be a minimum of five feet wide. Planting
required within the parking lot is exclusive of other planting requirements,
such as for street trees.
2.
Location. The landscaping should be located in protected areas, such
as along walkways, in center islands, at the end of bays, or in diamonds
between parking stalls. All landscaping in parking areas and on the
street parking lot is exclusive of other planting requirements, such
as for street trees.
3.
Plant Type. A mixture of hardy flowering and/or decorative evergreen
and deciduous trees may be planted; the area between trees shall be
planted with shrubs or ground cover or covered with mulch.
g.
Paving Materials and Walls and Fences.
1.
Paving Materials. Design and choice of paving materials used in pedestrian
areas shall consider the following factors; cost, maintenance, use,
climate, characteristics of users, appearance, availability with surroundings,
decorative quality, and aesthetic appeal. Acceptable materials shall
include, but are not limited to, concrete, brick, cement pavers, asphalt
and stone.
2.
Walls and fences shall be erected where required for privacy, screening,
separation, security, or to serve other necessary functions.
h.
Street Furniture.
1.
Street furniture such as, but not limited to, trash receptacles,
benches, phone booths, etc., shall be located and sized in accordance
with their functional needs.
2.
Street furniture elements shall be compatible in form, material,
and finish. Style shall be coordinated with that of the existing or
proposed site architecture.
3.
Selection of street furniture shall consider durability, maintenance,
and long-term cost.
[2002 Code § 16.32.050]
In order to ensure that future development is designed to accommodate
the recycling of solid waste, site plan, subdivision applications
shall adhere to the following:
a.
Materials designated in Section 30-7 of this Code shall be separated from other solid waste by the generator and a storage area for recyclable material shall be provided as follows:
1.
For major applications, each single- or two-family dwelling, all
provide a storage area of at least 12 square feet within each dwelling
unit to accommodate a four week accumulation of mandated recyclables
(including but not limited to: newspaper, glass bottles, aluminum
cans, tin and bi-metal cans). The storage area may be located in the
laundry room, garage, basement or kitchen.
2.
For major applications, each multi-family unit shall provide a storage
area of at least three square feet within each dwelling unit to accommodate
a one week accumulation of mandated recyclables (including but not
limited to: newspaper, glass bottles, aluminum cans, tin and bi-metal
cans). The storage area may be located in the laundry room, garage,
or kitchen. Unless recyclables are collected on a weekly basis from
each dwelling unit, one or more common storage areas must also be
provided at convenient locations within the development.
3.
Each application for a nonresidential use which utilizes 1,000 square
feet or more of land shall provide the Municipal Agency with estimates
of the quantity of mandated recyclable materials (including but not
limited to: newspaper, glass bottles, aluminum cans, tin and bi-metal
cans, high grade paper, and corrugated cardboard) that will be generated
by the development during each week. A separated storage area must
be provided to accommodate a one to four weeks' accumulation of recyclable
material. The Municipal Agency may require the location of one or
more common storage areas at convenient locations within the development.
b.
Common storage or holding areas shall be designed to accommodate truck access and shall be suitably screened as required by subsection 30-8.4e2 of this section. It is preferred that solid waste collection areas be adjacent to but separate from recyclable storage areas.
c.
The applicant shall submit sufficient details of the solid waste
and recyclables to be generated by any application to allow the Municipal
Agency to reach an affirmative conclusion that proposed provisions
are sufficient.
d.
The Municipal Agency, in the interpretation/enforcement of this section,
may seek and rely upon the opinions of the Director of Public Works
and/or the Municipal Recycling Coordinator.
[2002 Code § 16.36.010; Ord. No.
2015-07]
a.
The purpose of this section is to set forth improvement standards and construction specifications for developments. Where a standard in Section 30-7 is referenced as a requirement by Section 30-5, Zoning District Regulations, or by Section 30-6, Conditional Uses, or by Section 30-7, General Zoning Provisions, then a deviation from the specified standard shall only be permitted when a variance is granted pursuant to N.J.S.A. 40:55D-70. In all other cases, relief may only be authorized as an exception to subdivision or site plan regulations pursuant to N.J.S.A. 40:55D-51.
A subdivision and/or site plan shall conform to standards that
will result in a well-planned community, protect the health and safety
of the residents, and provide a desirable living environment. The
following improvements shall be required: streets and circulation,
off-street parking, water supply, sanitary sewers, and stormwater
management.
The requirements and standards of this section shall apply to
all land development within the Borough except that with respect to
development applications for residential subdivision or residential
site plan approval, the residential site improvement standards of
Article 3, Chapter 21 of the New Jersey Administrative Code shall
govern, but only with respect to the particular standards or particular
requirements, which are operative and have been validly adopted by
the New Jersey Commissioner of Community Affairs pursuant to N.J.S.A.
40:55D40.1 et seq. If with respect to a particular standard or matter,
no Statewide standard has been validly adopted by the Commissioner
of Community Affairs, the requirements and standards of the development
regulations of the Borough shall govern in such respect. In the event
of future amendments of the residential site improvements of the Residential
Site Improvement Act, N.J.S.A. 40:55D40.1 et seq., then only those
specific sections of the development regulations of the Borough which
are covered by the Act shall be superseded by the Statewide residential
site improvement standards then in effect, and all other standards
of the development regulations of the Borough shall be applicable
to all land development applications in every case.
With respect to a particular standard or matter, no Statewide
standard has been validly adopted by the Commissioner of Community
Affairs, the requirements and standards of the development regulations
of the Borough shall govern in such respect. In the event of future
amendments of the residential site improvements of the Residential
Site Improvement Act, N.J.S.A. 40:55D40.1 et seq., then only those
specific sections of the development regulations of the Borough which
are covered by the Act shall be superseded by the Statewide residential
site improvement standards then in effect, and all other standards
of the development regulations of the Borough shall be applicable
to all land development applications in every case.
[2002 Code § 16.36.010]
b.
Payment in Lieu of Installation of Improvements Required under the
Improvement Standards. In lieu of installing sidewalks, curbs, gutters
or drywells, a property owner or applicant may seek permission from
the Borough Engineer to make a payment to the Borough in an amount
equal to the cost of the required improvement by demonstrating to
the Borough Engineer that one or more of these improvements is not
practicable under the circumstances. The decision of the Borough Engineer
shall be binding on the property owner or applicant. The amount of
the required payment shall be determined by the Borough Engineer after
reviewing estimates prepared by the property owner or applicant or
its engineer. The payment shall be deposited by the Borough into a
dedicated account designated as "The Borough of Fair Haven Sidewalk
Bank Account." Any funds deposited into the account shall be utilized
by the Borough for the express purpose of installing or repairing
curbs or sidewalks on Borough sites and locations to be determined
by the Borough Engineer, upon proper authorization from the Governing
Body.
[Ord. No. 2015-07]
[2002 Code § 16.36.020; Ord. No.
2007-27; Ord. No. 2009-01 § II; Ord. No. 2014-16; Ord. No. 2014-27; Ord. No. 2015-06]
a.
Streets.
1.
General.
(a)
The arrangement of streets shall conform to the master plan.
(b)
For streets not shown on the master plan or official map, the
arrangement shall provide for the appropriate extension of existing
streets.
(c)
Streets shall be arranged so as to discourage through traffic
and provide for maximum privacy.
2.
Street Hierarchy.
(a)
Streets shall be classified in a street hierarchy system with
design tailored to function.
(b)
The street hierarchy system shall be defined by road function
and traffic. The following classification shall be utilized in the
Borough and each proposed street shall be classified and designed
for its entire length to meet the described standards.
(1)
Collector streets collect traffic from local streets and channel
it into the system or arterial highways. The right-of-way width for
collector streets within the jurisdiction of the Borough is 60 feet.
The right-of-way shall have a cartway width of at least 36 feet to
allow for two ten-foot moving lanes and two eight-foot wide parking
lanes. In addition, the right-of-way width shall allow for curb, sidewalk
utility, and shade tree installation.
(2)
Local streets provide frontage for access to lots and carry
traffic having destination or origin on the street itself. The minimum
right-of-way width for local streets shall be 50 feet. The right-of-way
shall have a cartway width of at least 30 feet. In addition, the right-of-way
width shall allow for curb, sidewalk utility, and shade tree installation.
Any street not designated as a collector street is a local street.
3.
Cartway Width. The determination as to cartway width shall also consider
possible limitations imposed by sight distances, climate, terrain,
and maintenance needs. The Municipal Agency may require increases
or decreases in cartway width where appropriate.
4.
Curbs and Gutters.
(a)
Curbing shall be required for drainage purposes, safety, and
delineation and protection of pavement edge.
(b)
Curbs shall be constructed according to the specifications set
forth in the construction specifications.
(c)
Curbing shall be designed to provide a ramp for bicycle and/or
wheel chairs as required.
(d)
Curbing shall be provided along both sides of subdivision streets,
and adjacent to the edge of all aisles, drives and off-street parking
areas.
5.
Shoulders.
(a)
Shoulders and/or drainage swales shall be required instead of
curbs when: (1) shoulders are required by CAFRA, (2) soil and/or topography
make the use of shoulders and/or drainage swales preferable, and/or
(3) it is in the best interest of the community to preserve its character
by using shoulders and/or drainage swales instead of curbs.
(b)
Shoulder requirements shall vary according to street hierarchy
and intensity of development.
(c)
Shoulders may consist of reduced pavement section or after construction
approved by the Municipal Agency.
6.
Sidewalks.
(a)
Sidewalks shall be placed in the right-of-way, parallel to the
street within the right-of-way, unless an exception has been permitted
to preserve topographical or natural features, or to provide visual
interest, or unless the applicant shows that an alternative pedestrian
system provides safe and convenient circulation. In commercial and
more intensely developed residential areas, sidewalks may abut the
curb.
(b)
Pedestrian way easements a minimum of 10 feet wide may be required
by the Planning Board through the center of blocks more than 600 feet
long to provide circulation or access to schools, playgrounds, shopping,
or other community facilities.
(c)
Sidewalk width shall be four feet; wider widths may be necessary
near pedestrian generators and employment centers. Where sidewalks
abut the curb and cars overhang the sidewalk, widths shall be six
feet.
(d)
Sidewalks and graded areas shall be constructed according to
the specifications set forth in the construction specifications.
(e)
Sidewalks shall be provided on both sides of all streets and
throughout site development for ease of pedestrian access.
7.
Bikeways.
(a)
Separate bicycle paths shall be required only if such paths
have been specified as part of a municipality's adopted master plan.
(b)
Bicycle lanes, where required, shall be placed in the outside
lane of a roadway, adjacent to the curb or shoulder. When on-street
parking is permitted, the bicycle lane shall be between the parking
lane and the outer lane of moving vehicles. Lanes shall be delineated
with markings, preferably striping. Raised reflectors or curbs shall
not be used.
(c)
Bikeways shall be constructed according to the specifications
set forth in the construction specifications.
8.
Utility and Shade Tree Areas.
(a)
Utilities and shade trees shall generally be located within
an easement area outside the right-of-way on both sides of and parallel
to the street right-of-way.
(b)
Utility and shade tree areas shall be planted with grass, ground
cover, or treated with other suitable cover material.
(c)
Utility and shade tree easements of at least 10 feet wide on
both sides of the street shall be provided.
9.
Right-of-way.
(a)
The right-of-way shall be measured from lot line to lot line
and shall be sufficiently wide to contain the cartway, curbs, shoulders,
sidewalks, graded areas, utilities and shade trees (see paragraph
a2 of this subsection).
(b)
The right-of-way width of a new street that is a continuation
of an existing street shall in no case be continued at a width less
than the existing street.
(e)
The right-of-way shall reflect future development
as indicated by the master plan.
10.
Street Grade and Intersections.
(a)
Street grade and intersection design shall be according to the
standards and specifications set forth in this subsection.
11.
Pavement.
(a)
Street pavement thickness shall vary by street hierarchy, subgrade
conditions and pavement type as set forth in this subsection.
12.
Lighting.
(a)
Lighting shall be provided in accordance with a plan designed
by the utility company, or using as a guideline the standards set
forth by IES Lighting Handbook shown in the construction specifications.
(b)
Lighting for safety shall be provided at intersections, along
walkways, at entryways, between buildings, and in parking areas.
(c)
Spacing of standards shall be equal to approximately four times
the height of the standard.
(d)
The maximum height of standards shall not exceed the maximum
building height permitted, or 25 feet, whichever is less.
(e)
The height and shielding of lighting standards shall provide
proper lighting without hazard to drivers or nuisance to residents,
and the design of lighting standards shall be of a type appropriate
to the development and the municipality.
(f)
Spotlights, if used, shall be placed on standards pointing toward
the buildings and positioned so as not to blind the residents, rather
than on the buildings and directed outward which creates dark shadows
adjacent to the buildings.
13.
Underground Wiring.
(a)
All electric, telephone, television, and other communication
facilities, both main and service lines servicing new developments,
shall be provided by underground wiring within easements or dedicated
public right-of-way, installed in accordance with the prevailing standards
and practices of the utility or other companies providing such services.
(b)
Lots which abut existing easements or public rights-of-way where
overhead electric or telephone distribution supply lines and service
connections have hereto before been installed may be supplied with
electric and telephone service from those overhead lines, but the
service connections from the utilities' overhead lines shall be installed
underground. In the case of existing overhead utilities, should a
road widening, or an extension of service, or other such condition
occur as a result of the subdivision and necessitate the replacement
or relocation of such utilities, such replacement or relocation shall
be underground.
(c)
Where overhead lines are permitted as the exception, the placement
and alignment of poles shall be designed to lessen the visual impact
of overhead lines as follows: alignments and pole locations shall
be carefully routed to avoid locations along horizons; clearing swaths
through treed areas shall be avoided by selective cutting and a staggered
alignment; trees shall be planted in open areas and at key locations
to minimize the view of the poles and the alignments; and alignments
shall follow rear lot lines and other alignments.
(d)
Year-round screening of any utility apparatus appearing above
the surface of the ground, other than utility poles, shall be required.
14.
Traffic Signs.
(a)
Design and placement of traffic signs shall follow the requirements
specified in Manuals on Uniform Traffic Control Devices for Streets
and Highways, published by the United States Department of Transportation
and adopted by the New Jersey Department of Transportation.
(b)
At least two street name signs shall be placed at each four-way
street intersection and one at each "T" intersection. Signs shall
be installed under light standards and free of visual obstruction.
The design of street name signs should be consistent, of a style appropriate
to the community, of a uniform size and color, and erected in accordance
with local standards.
(c)
Site information signs shall follow a design theme related and
complementary to other elements of the overall site design.
b.
Off-Street Parking.
1.
Number of Spaces.
(a)
Off-street parking spaces shall be required in all developments
to accommodate residents and visitors.
(b)
For residential developments, off-street parking shall be provided
as set forth in Exhibit A of this subsection, set out at the end of
this section.
(c)
For nonresidential developments, the parking standards shown
in Exhibit B of this subsection set out at the end of this section
shall be used as a guideline.
(d)
Alternative off-street parking standards shall be accepted only
if the applicant demonstrates that these standards better reflect
local conditions.
(e)
The Municipal Agency may require the use of alternative standards
if it determines that the title standards are insufficient or a particular
development has unique parking requirement. The basis for such a determination
shall be documented by the Municipal Agency in its minutes.
(f)
All required residential parking shall be located behind the
front yard setback line. A garage shall only be counted as off-street
parking where the access driveway is at least 30 feet long or where
the Municipal Agency agrees to accept such garage space as meeting
requirements.
(g)
Where the total number of off-street parking spaces required
may not be immediately required for a particular use, a staged development
plan may be permitted which requires that only a portion of the parking
area, but not less than 65% of the required spaces be completed initially,
subject to the following regulations:
(1)
The site plan shall clearly indicate both that portion of the
parking area to be initially paved and the total parking needed to
provide the number of spaces required.
(2)
The site plan shall provide for adequate drainage of both the
partial and total parking areas.
(3)
The portion of the parking area not to be paved initially shall be landscaped in accordance with subsection 30-8.4 of this chapter.
(4)
The applicant shall post separate performance guarantees, in addition to the performance guarantees required under Section 30-10 of this chapter which shall reflect the cost of installing the additional parking facilities necessary to provide the total number of parking spaces required.
(5)
In lieu of a permanent certificate of occupancy, a temporary
certificate of occupancy shall be issued for a period of two years.
Prior to the expiration of the two-year period, the applicant may
either install the additional parking spaces shown on the site plan
and apply for issuance of a permanent certificate of occupancy or
apply to the Planning Board after the use has been in operation a
minimum of 18 months for a determination as to whether or not the
initial parking area provided is adequate. If the Planning Board determines
that the parking facility is adequate as originally constructed, the
performance guarantees shall be released and a permanent certificate
of occupancy issued. If, however, the Planning Board determines that
the partial off-street parking area is not adequate, the applicant
shall be required to install the additional parking facilities in
accordance with the terms of the performance guarantees prior to issuance
of a permanent certificate of occupancy.
(6)
Any change of use on a site for which the Planning Board may
have approved a partial paving of off-street parking areas to a use
which requires more parking spaces than are provided on the site shall
require submission of a new site plan.
(h)
For nonresidential developments, an applicant that obtains variance
or waiver relief for parking spaces less than that required in paragraph
(c) above, a payment shall be made to the Borough in the amount of
$2,500 for each parking space in which said relief has been granted.
Notwithstanding the aforesaid, in an application to expand or change
in use of an existing developed property, no payment will be required
for the deficiency in pre-existing parking spaces. The fee required
under this paragraph (h) shall only apply to new deficiencies in parking
spaces associated with the application to expand or change the use.
The said payment shall be deposited by the Borough into a dedicated
account designated as "The Borough of Fair Haven Parking Account."
The payment shall be due prior to issuance of a building permit. Any
funds deposited into said account shall be utilized by the Borough
for the express purpose of installing, replacing or repairing parking
spaces or parking lots on site lots or locations to be determined
by the Borough Engineer, upon proper authorization from the Governing
Board. An applicant may request of the Governing Body a waiver or
modification of the above payment upon showing of good cause.
2.
Size of Spaces. Each off-street parking space shall measure at least
nine feet in width by 18 feet in length. Parking spaces for the physically
handicapped shall be 12 feet wide and 20 feet long. Striping of handicapped
spaces shall conform to the detail provided in Exhibit C of this subsection,
set out at the end of this section.
3.
Parking Areas.
(a)
Off-street parking areas shall be oriented to and within a reasonable
walking distance of the buildings they are designed to serve. This
distance shall be a maximum of 700 feet for employee parking; 400
feet for shoppers; 250 feet for nonelderly residents; 150 feet for
elderly residents; and 300 feet for guests.
(b)
Access to parking lots shall be designed as not to obstruct
free flow of traffic. There shall be adequate provision for ingress
to and egress from all parking spaces to ensure ease of mobility,
ample clearance, and safety of vehicles and pedestrians.
(c)
The width of all aisles providing direct access to individual
parking stalls shall be in accordance with the requirements specified
below. Only one-way traffic shall be permitted in aisles serving single-row
parking spaces placed at an angle other than 90°.
|
Parking Angle
(degrees)
|
Double Minimum Parking Bay Width
(feet)
|
Minimum Aisle Width
(feet)
| |
|---|---|---|---|
|
Normal
|
Long Term
| ||
|
30
|
48
|
46
|
12
|
|
45
|
50
|
48
|
13
|
|
60
|
55
|
53
|
18
|
|
90
|
62
|
60
|
24
|
|
It may be necessary to adjust aisle width and/or space length
to provide minimum parking bay width. Parking angles less than 45°
are not encouraged.
|
(d)
Where sidewalks occur in parking areas, parked vehicles shall
not overhang or extend over the sidewalk unless an additional two
feet of sidewalk width are provided in order to accommodate such overhang.
(e)
Parking areas shall be suitably landscaped to minimize glare
and other nuisance characteristics as well as to enhance the environment
and ecology of the site and surrounding area. Parking lots containing
more than 100 spaces shall be broken down into sections of smaller
lots of 50 spaces separated from other sections by landscaped dividing
strips, berms, and similar elements.
(f)
For all multiple dwellings and nonresidential uses, the perimeter
of all parking areas, internal islands, and planting areas shall have
continuous cast in place concrete curbing in accordance with the construction
specifications. All parking areas, aisles, and accessways for multiple
dwellings and nonresidential uses shall be surfaced with a properly
designed all weather pavement in accordance with the construction
specifications.
4.
Handicapped Parking Spaces. In accordance with N.J.A.C. 5:23-7 et
seq., every parking lot or parking garage shall have at least the
number of accessible parking spaces for the handicapped as set forth
below:
|
ACCESSIBLE PARKING SPACES
| |
|---|---|
|
Total Parking in Lot
|
Required Number of Accessible Spaces
|
|
Up to 50
|
1
|
|
51 to 200
|
2
|
|
Over 200
|
2 plus 1% of the number of spaces over 200 rounded to the next
higher whole number
|
|
Parking facilities serving a hospital
|
2% of the spaces but not less than 2
|
|
Parking facilities serving special purpose hospital that affect
mobility
|
20% of the spaces but not less than 2
|
|
Parking facilities serving long-term care facility
|
2% of the spaces but not less than 2
|
|
Typical arrangement of handicapped spaces is shown in Exhibit
C of this subsection, set out at the end of this section. Other arrangements
are possible which will conform to handicapped parking standards and
good design goals.
|
5.
Location of Parking.
(a)
Parking is only permitted in parking areas and drives intended
for that purpose. Parking is not permitted in lawns or other unimproved
areas.
(b)
Parking areas for all uses other than single-family and two-family
dwellings shall be set back at least 10 feet from any front lot line
and shall be set back from side and rear lot lines in accordance with
the minimum yard requirements for accessory buildings and structures.
(c)
Required parking may be located in garages provided there is
a driveway at least 25 feet long to each garage. If the drive is less
than 25 feet long, the garage shall be counted as 0.5 of space.
6.
Driveways. All entrance and exit driveways to streets shall be located
to afford maximum safety to traffic on the street. Each off-street
parking, loading, or service area shall be connected to the street
right-of-way by a driveway constructed in accordance with the minimum
standards prescribed by the Borough Engineer. Within commercial areas,
cross-connections and cross-easements among properties should be provided
to allow for ease of access between vehicle and pedestrian areas.
(a)
Driveways shall be designed with regard to profile, grading,
and location to provide adequate site distance in each direction along
the street based upon the permitted speed on the street.
(b)
For single-family and two-family dwellings, a driveway exclusive
of curb return shall not be less than 10 feet in width nor more than
24 feet in width. The maximum curb depression or opening width at
the street shall be the driveway width plus four but not more than
28 feet.
(c)
For all other uses, a driveway exclusive of curb return shall
not be less than 12 feet in width nor more than 36 feet in width.
The maximum curb depression or opening width at the street shall be
based upon the recommendation of the Borough Engineer.
(d)
The number of driveways provided from a site to any one street
shall be as follows:
|
Length of Frontage
|
Maximum No. of Driveways
|
|---|---|
|
150 feet or less
|
1
|
|
More than 150 feet but less than 800 feet
|
2
|
|
800 feet or more
|
As recommended by the Borough Engineer
|
(e)
Driveways used in a one-way direction of travel (right turn
only) shall not form angles smaller than 45° with the street,
unless acceleration and deceleration lanes are provided.
(f)
Driveways used for two-way operation will intersect the street
at any angle as near 90° as site conditions will permit, and in
no case shall it be less than 60°.
(g)
Parking areas for 25 or more cars shall provide curbed return
radii of not less than 15 feet on street entrance and exit drives.
(h)
Driveway connections to the street shall be constructed to the
specification of the Borough Engineer and shall be designed and surfaced
to prevent soil or dirt from being carried onto the street.
c.
Off-Street Loading.
1.
For every building, structure or group of buildings or structures
constituting a coordinated development, having over 10,000 square
feet of gross floor area erected and occupied for any use other than
residential, there shall be provided at least one truck standing,
loading and unloading space on the premises not less than 12 feet
in width, 35 feet in length and with a minimum vertical clearance
of 14 feet. Buildings or groups of buildings that contain in excess
of 15,000 square feet of gross floor area shall be required to provide
additional off-street loading spaces as determined by the Municipal
Agency during site plan review.
2.
Access to truck standing, loading and unloading areas may be provided
directly from a public street or alley or from any right-of-way that
will not interfere with public convenience and will permit orderly
and safe movement of truck vehicles.
3.
Unless otherwise permitted, fire zones shall not be used as standing,
loading or unloading areas.
4.
Loading areas, as required under this subsection, shall be provided
in addition to off-street parking spaces and shall not be considered
as supplying off-street parking spaces.
5.
Off-street loading and unloading areas shall conform, as applicable,
to all design and location standards set forth for off-street parking.
d.
Water Supply.
1.
Water Supply System.
(a)
All installations shall be properly connected with an approved
functioning public community water system, regulated by the Board
of Public Utilities prior to the issuance of a certificate of occupancy.
(b)
The water supply system shall be adequate to handle the necessary
flow based on complete development.
(c)
Fire protection facilities shall be furnished for all developments.
(d)
Minimum fire flows shall be based on recommendations by the
American Insurance Association and the National Board of Fire Underwriters,
as indicated in Exhibits D and E of this subsection and set out at
the end of this section.
(e)
The water system shall be designed to carry peak-hour flows
and be capable of delivering the peak hourly demands indicated in
Exhibit E of this subsection set out at the end of this section.
(f)
For developments of one- and two-family dwellings, not exceeding
two stories in height, the short method indicated in Exhibit F of
this subsection, set out at the end of this section, may be used.
2.
System Design and Placement. System design and placement shall comply
with the construction specifications and with the requirements of
the New Jersey American Water Company.
3.
Fire Hydrants.
(a)
Hydrants shall be spaced to provide necessary fire flow, and
the average area per hydrant typically should not exceed 120,000 square
feet. In addition, hydrants shall be spaced so that each residence
shall be within 500 feet of a hydrant.
(b)
A hydrant shall be located at all low points and at all high
points with adequate means of drainage provided.
(c)
Hydrants shall be located at the ends of lines, and valves of
full line size shall be provided after hydrants tees at the ends of
all dead lines and lines which may be extended in the future.
(d)
Size, type, and installation of hydrants shall conform to the
specifications as set forth in the construction specifications or
to the requirements of the New Jersey American Water Company.
e.
Sanitary Sewers.
2.
System Planning, Design and Placement.
(a)
The planning, design, construction, installation, modification,
and operation of any treatment works shall be in accordance with the
applicable N.J.D.E.P. regulations implementing the New Jersey Water
Pollution Control Act (N.J.S.A. 58: 10a-1 et seq.) and the New Jersey
Water Quality Planning Act (N.J.S.A. 58:11A-1 et seq.).
(b)
All sanitary sewers, including outfalls, shall be designed to
carry at least twice the estimated average design flow when flowing
half full. In the case of large interceptor sewer systems, consideration
may be given to modified designs.
(c)
Average daily residential sewer flow shall be calculated as
shown in Exhibit G of this subsection the end of this section.
(d)
System design and placement shall comply with the specifications
set forth in the construction specifications and with the rules, regulations
and requirements of the Borough Sewer Utility and the Northeast Monmouth
County Regional Sewerage Authority.
f.
Stormwater Management.
1.
Purpose.
(a)
It is determined that the waterways within the Borough are at
times subjected to flooding; that such flooding is a danger to the
lives and property of the public; that such flooding is also a danger
to the natural resources of the Borough, the County and the State;
that development tends to accentuate flooding by increasing stormwater
runoff, due to alteration of the hydrologic response of the watershed
in changing from the undeveloped to the developed condition; that
such increased flooding produced by the development of real property
contributes increased quantities of waterborne pollutants, and tends
to increase channel erosion; that such increased flooding, increased
erosion, and increased pollution constitutes deterioration of the
water resources of the Borough, the County and the State; and that
such increased flooding, increased erosion and increased pollution
can be controlled to some extent by the regulation of stormwater runoff
from such development. It is therefore determined that it is in the
public interest to regulate the development of real property and to
establish standards to regulate the additional discharge of stormwater
runoff from such developments as provided in this chapter.
(b)
The stormwater management plans submitted shall demonstrate
careful consideration of the general and specific concerns, values
and standards of the municipal master plan and applicable County,
regional and State storm drainage control program, any County mosquito
commission control standards, and shall be based on environmentally
sound site planning, engineering and architectural techniques.
(c)
Development shall use the best available technology to minimize
off-site stormwater runoff, increase on-site infiltration, simulate
natural drainage systems and minimize off-site discharge of pollutants
to ground and surface water and encourage natural filtration functions.
Best available technology may include measures such as retention basins,
recharge trenches, porous paving and piping, contour terraces and
swales.
2.
System Strategy and Design. Stormwater management system strategy
and design shall comply with the specifications set forth in the construction
specifications.
3.
Detention — When Required. Detention will be provided, when
recommended by the Borough Engineer, for all major subdivisions and
all major site plans resulting in more than 10,000 square feet of
impervious surface such that after development the peak rate of flow
from the site will not exceed the corresponding flow which would have
been created by similar storms prior to development.
[2002 Code § Exhibit 16.36.020]
|
OFF-STREET PARKING REQUIREMENTS FOR RESIDENTIAL LAND USES
| |
|---|---|
|
HOUSING UNIT TYPE/SIZE
|
OFF-STREET PARKING REQUIREMENT
|
|
Single-Family Detached
| |
|
1 bedroom
|
1.5
|
|
2 bedroom
|
2.0
|
|
3 bedroom
|
2.0
|
|
4 bedroom
|
3.0
|
|
5 bedroom or more
|
3.0
|
[2002 Code § Exhibit 16.36.020; Ord. No. 2014-27; Ord. No. 2017-05]
|
GUIDELINES FOR OFF-STREET PARKING REQUIREMENTS FOR NONRESIDENTIAL
LAND USES*
| |
|---|---|
|
NONRESIDENTIAL LAND USES
|
REQUIRED OFF-STREET PARKING SPACES PER INDICATED AREA
|
|
Banks, savings and loan associations
|
1 per 200 square feet GFA plus room for 12 automobiles per drive-in
window and/or land for queuing purposes
|
|
Bar, tavern or similar
|
1 per 2 seats or 10 per 1,000 square feet GFA whichever is greater
|
|
Church/synagogue
|
1 per 3 seats or 22 inches of pew length
|
|
Community center, museum, art gallery
|
1 per 200 square feet GFA
|
|
Community club, private club, lodge
|
1 per 100 square feet GFA
|
|
Library
|
1 per 300 square feet GFA
|
|
Marina, boat yard, boat sales
|
1.0 boat slip and 1 per 300 square feet GFA of sales or office
space**
|
|
Meeting rooms, assembly or exhibition hall
|
1 per 50 square feet GFA
|
|
Business and Professional offices
|
4.0 per 1,000 square feet GFA
|
|
Restaurant
|
15 per 1,000 square feet per GFA
|
|
Retail store
|
4 per 1,000 square feet GFA
|
|
Schools
| |
|
Elementary
|
1 per 200 square feet GFA
|
|
Intermediate
|
2 per classroom, but not less than 1 per teacher and staff
|
|
Secondary
|
1.5 per classroom, but not less than 1 per teacher and staff
|
|
Motor vehicle service station
|
4 per bay and work area
|
|
Shopping center
|
4 per 1,000 square feet GFA****
|
|
Studio — art, music, dance, gymnastics for the purpose
of giving instruction
|
1 per 200 square feet GFA
|
|
Theater
|
1 per 3 seats
|
|
In shopping center
|
1 per 4 seats
|
|
* See notes on following page.
|
|
GFA = Gross floor area
|
|
Notes:
| ||
|---|---|---|
|
*
|
In computing the number of required parking spaces, the following
shall apply:
| |
|
(1)
|
Where fractional spaces result, the required number shall be
construed to be the next highest whole number.
| |
|
(2)
|
The parking space requirements for a use not specifically mentioned
herein shall be the same as required for a use of similar nature as
determined by the Municipal Agency.
| |
|
(3)
|
If there is not use enumerated herein having sufficient similarity
to the use proposed to enable the Municipal Agency to establish rational
parking requirements, the Municipal Agency may, in its discretion,
direct the applicant to furnish the Municipal Agency with such data
as may be necessary to enable the Municipal Agency to establish rational
parking requirements.
| |
|
**
|
Bar, restaurant, or similar uses shall be calculated separately.
| |
|
***
|
A building of mixed office uses may include a maximum of 1/3
medical or dental floor area. If medical or dental uses exceed 1/3
of the gross floor area, their parking requirement shall be computed
separately.
| |
|
****
|
If more than 25% of the total floor area is occupied by a nonretail
use which has off-street parking requirements greater than those required
for a shopping center, then off-street parking for the center shall
be the same as the required minimum for the nonretail use plus the
required minimum for the balance of the shopping center floor area.
| |
[2002 Code § Exhibit 16.36.020C]
|
HANDICAPPED PARKING AND SIGN DETAIL
|
 |
[2002 Code § Exhibit 16.36.030D]
|
FIRE FLOWS
| ||
|---|---|---|
|
Population
|
Flow GPM*
|
Duration of Flow (hours)
|
|
Under 100
|
500
|
4
|
|
1,000
|
1,000
|
4
|
|
1,500
|
1,250
|
5
|
|
2,000
|
1,500
|
6
|
|
3,000
|
1,750
|
7
|
|
4,000
|
2,000
|
8
|
|
5,000
|
2,250
|
10
|
|
6,000
|
2,500
|
10
|
|
10,000
|
3,000
|
10
|
|
Notes:
|
|---|
|
* GPM - Gallons per minute
|
[2002 Code § Exhibit 16.36.020E]
|
DESIGN STANDARDS FOR PEAK HOUR FLOW
| |
|---|---|
|
Total Houses Served
|
Peak Hourly Rates GPM per House
|
|
5
|
8.0
|
|
10
|
5.0
|
|
50
|
3.0
|
|
100
|
2.0
|
|
250
|
1.3
|
|
500
|
0.8
|
|
750
|
0.7
|
|
1,000 or more
|
0.6
|
[2002 Code § Exhibit 16.36.020F]
|
SHORT METHOD FOR CALCULATING FIRE FLOWS
| |
|---|---|
|
Distance Between Buildings*
|
Required Fire Flow
|
|
Over 100 feet
|
500 GPM
|
|
31 feet — 100 feet
|
750 GPM — 1,000 GPM
|
|
11 feet — 30 feet
|
1,000 GPM — 1,500 GPM
|
|
10 feet or less
|
1,500 GPM — 2,000 GPM
|
|
Notes:
| |
|---|---|
|
* For contiguous buildings (attached dwelling units of 2 or
more two-family units and/or multi-family units), a minimum of 2,500
GPM may be used.
|
[2002 Code § Exhibit 16.36.020G]
|
WATER AND SEWER DEMAND/GENERATION BY TYPE/SIZE OR HOUSING UNIT
| ||||
|---|---|---|---|---|
|
Housing Type/Size
|
Number of Residents
|
Residential Water Demanda
(daily)
|
Sewer Flowb
(daily)
|
Peak Sewer Flowc
(daily)
|
|
Single-Family Detached
| ||||
|
2 bedroom
|
2.13
|
215
|
140
|
560
|
|
3 bedroom
|
3.21
|
320
|
210
|
840
|
|
4 bedroom
|
3.93
|
395
|
255
|
1,020
|
|
5 bedroom
|
4.73
|
475
|
310
|
1,240
|
|
Notes:
| |
|---|---|
|
a
|
Based on 100 gallons per day (gpd) per person for single-family
detached units.
|
|
b
|
Based on 65 gpd per person (rounded). Note: These figures do
not include allowance for infiltration/inflow. Determination of infiltration/inflow
should be made and added to the sewer flow figures shown in this exhibit.
|
|
c
|
Based on 4 times daily sewer flow (rounded).
|
[2002 Code § 16.36.030]
Where there is a question as to a specific requirement, the
Standard Specifications of NJDOT Road and Bridge Construction shall
apply.
a.
Curbs.
1.
The standard curb section used shall be 20 feet in length. All concrete
used for curbs shall be prepared in accordance with the requirements
by class concrete of the New Jersey Department of Transportation,
Standard Specifications for Road and Bridge Construction (latest edition).
The 28 ay comprehensive strength of the concrete used shall be not
less than the following:
|
Type of Concrete
|
Average Strength
(pounds per square inch)
|
|---|---|
|
Class P
|
6,500
|
|
Class A
|
5,500
|
|
Class B, B-1
|
5,000
|
|
Class C, C-1
|
4,500
|
2.
Curbs and/or combination curbs and gutters shall be constructed of
Class B concrete, air-entrained (5,000 p.s.i.).
3.
Where drainage inlets are constructed, but curbs are not required,
curbing must be provided at least 10 feet on each side of the inlet,
set back one foot from the extension of the pavement edge.
4.
Open joints shall be provided every 10 feet. One-half inch bituminous
expansion joints shall be provided every 20 feet.
b.
Sidewalks and Bikeways.
1.
Sidewalks and Graded Areas.
(a)
Sidewalks shall be four inches thick except at points of vehicular
crossing where they shall be at least six inches thick. AT vehicular
crossings, sidewalks shall be reinforced with welded wire fabric mesh
or an equivalent.
(b)
Concrete sidewalks shall be Class C concrete, having a twenty-eight
day compressive strength of 4,500 p.s.i. Other paving materials may
be permitted depending on the design of the development.
(c)
Graded areas shall be planted with grass or treated with other
suitable ground cover and their width shall correspond to that of
sidewalks.
2.
Bikeways.
(a)
Bicycle Paths. Dimensions and construction specifications of
bicycle paths shall be determined by the number and type of users
and the location and purpose of the bicycle path. A minimum eight-foot
paved width should be provided for two-way bicycle traffic and a five-foot
width for one-way traffic.
(b)
Bicycle Lanes. Lanes shall be four feet wide, or wide enough
to allow safe passage of bicycles and motorists.
(c)
Bicycle-safe drainage grates shall be used in the construction
of all residential streets.
c.
Street Grade, Intersections, Pavement, and Lighting.
1.
Street Grade.
(a)
Minimum street grade permitted for all streets shall be one-half
0.5%; but streets constructed at this grade shall be closely monitored
and strict attention paid to construction techniques to avoid ponding.
Where topographical conditions permit, a minimum grade of 0.75% shall
be used.
(b)
Maximum street grade shall be 8%.
2.
Intersections.
(a)
Minimum Intersection Angle. Street intersections shall be as
nearly at right angles as possible and in no case shall be less than
75°.
(b)
Minimum Center-line Offset of Adjacent Intersections. New intersections
along one side of an existing street shall, if possible, coincide
with any existing intersections on the opposite side of each street.
Use of "T" intersections in subdivisions shall be encouraged. To avoid
corner-cutting when inadequate offsets exist between adjacent intersections,
offsets shall be at least between 175 to 200 feet between center lines.
(c)
Minimum Curb Radius. Intersections shall be rounded at the curbline,
with the street having the highest radius requirement as shown in
Exhibit A, set out at the end of this subsection, determining the
minimum standard for all curblines.
(d)
Grade. Intersections shall be designed with a flat grade wherever
practical. Maximum grade within intersections shall be 5% except for
collectors which shall be 3%.
(e)
Minimum Center-line Radius — Minimum Tangent Length Between
Reverse Curves and Curb Radii. Requirements shall be as shown in Exhibit
A, set out at the end of this subsection.
(f)
Sight Triangles. Sight triangle easements shall be required
and shall include the area on each street corner is bounded by the
line which connects the sight of "connecting" points located on each
of the right-of-way lines of the intersecting street. The planting
of trees or other plantings or the location of structures exceeding
30 inches in height that would obstruct the clear sight across the
area of the easements shall be prohibited; and a public right-of-entry
shall be reserved for the purpose of removing any object, material
or otherwise, that obstructs the clear sight.
The distances shown in Exhibit B, set out at the end of this
subsection, between the connecting points and the intersection of
the right-of-way lines shall be required.
3.
Pavement.
(a)
Pavement design for local and collector streets and parking
areas shall adhere to the specifications for their full paved area
as shown on Exhibit C, set out at the end of this subsection.
4.
Lighting. Lighting shall be designed in accordance with a plan designed
by the utility company; or the standards recommended in the IES Lighting
Handbook, shown in Exhibit D, set out at the end of this subsection,
shall be used as a guideline.
d.
Water Supply — System Design and Placement.
1.
System design and placement shall comply with all applicable New
Jersey American Water Company, NJDEP, and AWWA standards, with the
strictest standards governing.
2.
Fire Hydrants.
(a)
Size, type, and installation of hydrants shall be in accordance
with local practice, or shall conform to the American Water Works
Association standard for dry barrel fire hydrants (AWWA C-502). Hydrants
shall have at least three outlets; one outlet shall be a bumper outlet
and other outlets shall be a least 2.5 inch nominal size. Street main
connections should be not less than six inches in diameter. Hose threads
on outlets shall conform to national standard dimensions. A valve
shall be provided on connections between hydrants and street mains.
All pipe, fittings, and appurtenances supplying fire hydrants shall
be AWWA- or ASTM-approved.
(b)
All fire hydrants shall conform to the color code system as
shown in Exhibit E set out at the end of this subsection.
e.
Sanitary Sewers — System Design and Placement.
1.
Plans for sanitary systems shall reflect New Jersey State regulations
and guidelines which implement the New Jersey Water Pollution Control
Act (N.J.S.A. 58:10A-1 et seq.) and the New Jersey Water Quality Planning
Act (N.J.S.A. 58:11A-1 et seq.).
2.
The most desirable location for sanitary sewer mains shall be within
the municipal right-of-way at or near the center line of the paved
cartway. The minimum size shall be eight inches in diameter.
3.
Curved sewers shall be approved by the engineer only under special
conditions. The minimum diameter shall be eight inches; the minimum
radius of curvature shall be 100 feet; and manhole spacing shall not
exceed 300 feet. Approval shall be limited to areas where curved streets
comprise the general layout, or where the use of curved sewers would
permit substantial savings in cost, or avoid very deep cuts, rock
or obstructions of a serious nature.
4.
Easements, which shall be in a form approved by the Municipal Engineer
and Attorney, shall be required for all sanitary sewer lines which
are not within a public right-of-way. Easements shall be a minimum
of 20 feet wide for sanitary sewers up to 15 feet deep; for sewers
more than 15 feet deep, easements shall be 30 feet wide. (Depth of
sewer shall be measured from the design invert of the pipe to the
surface of the proposed final grading.)
5.
Minimum Slope.
(a)
All sewers shall be designed to meet NJDEP slope standards as
shown in Exhibit F, set out at the end of this subsection.
(b)
All sewers shall be designed to flow with a minimum velocity
of two feet per second and a maximum velocity of 10 feet per second
at full flow based on Manning's formula with n = 0.013. When PVC pipe
is used, an n factor of 0.010 may be used. Inverted siphons shall
be designed for minimum velocity of six feet per second.
6.
Pipe Materials.
(a)
The applicant shall submit details of the planned pipes, joints,
fittings, etc., for approval. All materials used for sanitary sewer
systems shall be manufactured in the United States, wherever available,
as governed by Chapter 107, Laws 1982 of the State of New Jersey,
effective date October 3, 1982. Specifications referred to below,
such as ASA, ASTM, AWWA, etc., shall be the latest revision.
(b)
Materials used in the construction of sewers, force mains, and
outfalls shall be as follows:
Gravity sewers shall be constructed of reinforced concrete,
ductile iron, polyvinyl chloride (PVC), or acrylonitrile-butadienestyrene
(ABS) plastic pipe. Reinforced concrete pipe shall be used only in
sizes 24 inches and larger. The type of pipe selected shall be suitable
for any manual design or installation conditions. Other pipe types
may be required if compatibility with the existing system is an important
consideration. The applicant shall obtain the Municipal Engineer's
approval of the type of pipe to be used.
(c)
Inverted siphons, force mains, and outfalls shall be constructed
of ductile iron pipe unless otherwise permitted by the municipality.
Inverted siphons shall consist of two pipes with provisions for flushing.
Flow control gates shall be provided in the chambers.
(d)
Any sewer within 100 feet of a water supply well or a below-grade
reservoir shall be of steel, reinforced concrete, cast iron or other
suitable material shall be properly protected by completely watertight
construction and shall be tested for watertightness after installation.
(e)
Reinforced concrete pipe shall meet all the requirements of
ASTM Specification C-76. All pipe should be Class IV strength except
where stronger pipe is required.
(1)
For depths less than three feet, measured from the top of the
pipe installed under traffic areas, Marston Class V pipe shall be
required.
(2)
The trench depths shown in Exhibit G, set out at the end of
this subsection, shall be maximum for the pipe classes noted, installed
when site conditions allow with Class C, ordinary bedding.
(3)
The existence of clay soils and other unusual loading conditions
should be given special consideration.
(4)
All concrete sewer pipes will utilize rubber O-ring joints suitable
for sewer service and conforming to ASTM C-443 and ASTM C-361.
(f)
Polyvinyl chloride sewer pipe (PVC) shall have bell and spigot
ends and O-ring rubber gasketed joints. PVC pipe and fittings shall
conform to ASTM D-3034, with a minimum wall thickness designation
of SDR 35. Thicker walls shall be provided if directed by the Municipal
Engineer.
(1)
The plastic material from which the pipe and fittings are extruded
shall be impact types of PVC, unplasticized, having high mechanical
strength and maximum chemical resistance conforming to Type I, Grade
1, of the specification for rigid polyvinyl chloride compounds, ASTM
D-1784.
(2)
Pipe shall be free from defects, bubbles, and other imperfections
in accordance with accepted commercial practice. The adequacy of the
pipe shall be demonstrated, if required, by a test at the manufacturing
plant in accordance with ASTM D-2444 for impact and ASTM C-2412 for
deflection and pipe stiffness, latest revisions.
(3)
Joints shall conform to ASTM D-3212. Rubber ring gaskets shall
conform to ASDTM F-477. The gasket shall be the sole element depended
upon to make the joint watertight.
(4)
The pipe shall be installed as specified in ASTM D-2321, latest
revision. In no case shall less than a Class III material be used
for bedding and haunching material unless approved in writing by the
Municipal Engineer. Particular attention shall be given to the special
requirements for installing pipe in unstable soil or excessive ground-water.
Any additional cost for materials used under these trench conditions
shall be borne by the applicant.
(5)
Plastic riser pipe for cleanouts shall be polyvinyl chloride
sewer pipe (PVC) as above specified, or acrylonitrile-butadiene-styrene
(ABS). All joints shall have flexible elastomeric seals.
(g)
Ductile iron pipe shall be centrifugally cast in metal or sand-lined
molds to AWWA C151. The joint shall be of a type that employs a single
elongated grooved gasket to effect the joint seal, such as United
States Cast Iron Pipe Company's Tyton Joint, James B. Clow and Songs,
Inc., "Bell-Tite," or approved equal. Pipe should be furnished with
flanges where connections to flange fittings are required. Pipe shall
be Class 52 (minimum). The outside of the pipe shall be coated with
a uniform thickness of hot applied coal-tar coating and the inside
lined with cement in accordance with AWWA C104. Ductile iron pipe
shall be installed with Class C, ordinary bedding, when site conditions
allow.
(h)
Acrylonitrile-butadiene-styrene (ABS) pipe and fittings shall
conform to ASTM D-2751 and be installed in accordance with ASTM D-2321
as herein modified. All joints shall be made in accordance with ASTM
D3212 using flexible rubber gaskets conforming to ASTM F-477.
7.
Pipe Bedding.
(a)
Pipe bedding shall be provided as specified in Design and Construction
of Sanitary and Storm Sewers, ASCE Manuals and Reports on Engineering
Practice No. 37, prepared by A Joint Committee of the American Society
of Civil Engineers and the Water Pollution Control Federation, New
York, 1969.
8.
Manholes.
(a)
Manholes shall be provided at ends of sewer lines, at intersections,
and at changes of grade or alignment.
(b)
Spacing intervals between manholes shall not exceed 400 feet
for eighteen-inch pipe or less or 500 feet for larger pipe sizes.
(c)
Where sewers enter manholes and the difference in crown elevation
between the incoming and outgoing pipes is equal to or greater than
two feet, exterior drop pipes shall be provided.
(d)
Manholes can be precast concrete or concrete block coated with
two coats of portland cement mortar and a seal coating of an acceptable
waterproofing tar, asphalt or polyplastic alloy, with enough time
allowed for proper bond between seal coats. All manholes shall be
set on twelve-inch thick Class I stone bedding.
(e)
If precast manhole barrels and cones are used, they shall conform
to ASTM specification C-478, with round rubber gasketed joints, conforming
to ASTM specification C-923. Maximum absorption shall be 9% in accordance
with ASTM specification C-478, method A. The entire outside surface
of the manhole shall be coated with a bituminous waterproofing material
acceptable to the Municipal Engineer. Cracked manholes shall not be
used. The top riser section of precast manholes shall terminate less
than one foot below the finished grade to provide for proper adjustment.
(f)
Manhole frames and covers shall be of cast iron conforming to
specification ASTM A-48 Class 30 and be suitable for H-20 loading
capacity. All manhole covers in unpaved rights-of-way or in remote
areas shall be provided with a locking device. In order to allow the
municipality to plan better for system management, the name of the
municipality, and the word "SEWER" shall be cast integrally in the
cover. Manhole frames and grates shall be Campbell Foundry Pattern
No. 1203B or approved equal.
(g)
Watercraft and low-profile frames and covers shall be utilized
where applicable and should conform to the applicable ASTM specifications.
(h)
Manholes shall be supplied with suitable adapters (inserts or
gaskets) for the various pipe materials used.
9.
Laterals/Cleanouts.
(a)
The house connection or lateral from the street main to the
cleanout shall be considered an integral part of the sanitary sewer
system. The type of material used for the house connection shall be
the material used for the main line sewer construction and may be
as follows:
(b)
Unless connection is made to an existing sewer main utilizing
a saddle, wye connections shall be the same as the material used at
the junction of the house connection and the sewer main.
(c)
Bends in house connection lines shall be made using standard
fittings. A riser with a cleanout at grade shall be used at the point
terminating municipal jurisdiction. This inspection cleanout or observation
tee shall be fitted with a metallic cap (brass) placed two feet from
the outside face of the curb between the curb and sidewalk if installed.
If curbs are not required, the cleanout shall be placed one foot beyond
the property line in the municipal right-of-way.
(d)
Connections beyond the cleanout are under the jurisdiction of
the Borough through the Sanitary Sewer Department, the Construction
Official and/or the Plumbing Subcode Official and the pipe size and
specifications shall meet their regulations and requirements.
f.
Stormwater Management — System Demand, Strategy, and Design.[1]
1.
Stormwater Management — System Demand.
(a)
Watershed stormwater management requires the determination of
two runoff parameters: runoff peak rates of discharge and runoff volume.
Both parameters shall be used in the comparison of predevelopment
and post-development conditions.
(b)
Peak rates of discharge calculations shall be used to determine
the configurations and sizes of pipes, channels, and other routing
or flow control structures. Runoff volume calculations shall be used
to determine the necessity for, and sizing of, detention and retention
facilities.
(c)
Runoff Peak Rate of Discharge Calculation. The peak rate of
runoff for areas of up to 0.5 of a square mile shall be calculated
by the rational method or derivatives. The equation of the rational
method is:
|
Qp = CIA
|
|
Where:
| ||
|
Qp
|
=
|
The peak runoff rate in the cubic feet per second (CFS)
|
|
C
|
=
|
The runoff coefficient
|
|
I
|
=
|
The average rainfall intensity in inches per hour (in./hr.),
occurring at the time of concentration tc (minutes)
|
|
tc
|
=
|
The time of concentration in minutes (min.)
|
|
A
|
=
|
The size of the drainage area
|
(1)
Typical C values for storms of five to 10 years between periods
are provided in Exhibit H, set out at the end of this subsection.
Runoff coefficients in the following sources may also be used: United
States Department of Commerce, Bureau of Public Roads, May 1965, Design
of Roadside Channels — Hydraulic Design Series No. 4 as supplemented
or amended; and Department of Transportation, Federal Aviation Administration,
July 1970, AC150/5320-5B, Airport Drainage, as supplemented or amended.
(2)
The time of concentration (tc) shall
be estimated from Exhibit I, set out at the end of this subsection.
The analysis shall also consider the procedure outlined in Sections
3.12(c) for Technical Release (TR) No. 55, Urban Hydrology for Small
Watersheds, United States Department of Agriculture, Soil Conservation
Series, as supplemented and amended (SCS method).
(3)
Rainfall intensity as a function
of duration and storm recurrence frequency shall be based upon geographically
appropriate data as depicted in the plates in Technical Paper No.
25, Rainfall Intensity Duration — Frequency Curves, United States
Department of Commerce, Weather Bureau, as supplemented and amended.
Rainfall intensity values may also be estimated from Exhibit J, set
out at the end of this subsection. Intensity curves may be based on
local rainfall frequency data, where available. In all instances,
a minimum time of concentration of five minutes should be used. For
storm sewer design, use the following:
(4)
The size of the drainage area shall include on-site and off-site
lands contributing to the design point.
(5)
Computer software adaptations of the rational method calculations
are acceptable provided that their data and graphic printout allow
review and evaluation.
(6)
The peak rate of runoff for areas greater than 0.5 square mile
shall be calculated by the hydrograph analysis method as outlined
in TR No. 55 (SCS method), as supplemented and amended.
(d)
Runoff Volume Calculation.
(1)
Runoff volume shall be calculated by the hydrograph analysis
method as outlined in TR No. 55 (SCS method). This method shall be
used for watersheds with drainage areas of less than five square miles.
For drainage areas of less than 20 acres, the universal rational method
hydrograph approximation may be used as an alternative.
(2)
Runoff volume for drainage areas of greater than five square
miles shall be calculated by Special Report No. 38, Magnitude and
Frequency of Floods in New Jersey with Effects of Urbanization, State
of New Jersey, Department of Environmental Protection, Division of
Water Resources (Stankowski method).
(3)
Computer software adaptations of these runoff value calculations
are acceptable provided that their data and graphic printout allow
review and evaluation.
2.
Stormwater Management — System Strategy.
(a)
A system emphasizing a natural as opposed to an engineered drainage
strategy shall be encouraged.
(b)
The applicability of a natural approach depends on such factors
as site storage capacity, open channel hydraulic capacity, and maintenance
needs and resources.
(c)
Hydraulic capacity for open channel or closed conduit flow shall
be determined by the Manning equation, or charts/monographs based
on the Manning equation. The hydraulic capacity is termed Q and is
expressed as discharge in cubic feet per second. The Manning equation
is as follows:
|
Q = 1.486\n AR 2/3 S1/2
|
|
Where:
| ||
|
n
|
=
|
Manning's roughness coefficient
|
|
A
|
=
|
Cross-sectional area of flow in square feet
|
|
R
|
=
|
Hydraulic radius in feet (R = A/P, where P is equal to the wetted
perimeter)
|
|
S
|
=
|
Slope of conduit in feet per foot
|
|
The Manning roughness coefficients to be utilized are shown
in Exhibit K, set out at the end of this subsection.
|
(d)
Velocities in open channels at design flow shall not be less
than 0.5 foot per second and not greater than that velocity which
will begin to cause erosion or scouring of the channel. Permissible
velocities for swales, open channels and ditches are shown in Exhibit
L, set out at the end of this subsection.
(e)
Velocities in closed conduits at design flow shall be at least
two feet per second but not more than the velocity which will cause
erosion damage to the conduit.
3.
Stormwater Management — System Design — Pipe Capacity,
Materials, and Placement.
(a)
Pipe size shall be dictated by design runoff and hydraulic capacity.
(b)
Hydraulic capacity shall be determined by the Manning equation,
except where appropriate capacity shall be based on tailwater analysis
and one-year high tide.
(c)
In general, no pipe size in the storm drainage system shall
be less than fifteen-inch diameter. A twelve-inch diameter pipe will
be permitted as a cross-drain to a single inlet.
(d)
All discharge pipes shall terminate with a precast concrete
or corrugated metal and section or a cast-in-place concrete headwall
with or without wingwalls as conditions require. In normal circumstances,
a cast-in-place concrete headwall is preferred. Use of other types
shall be justified by the designer and approved by the Borough Engineer.
(e)
Materials used in the construction
of storm sewers shall be constructed of reinforced concrete, ductile
iron, corrugated aluminum, or corrugated steel. In normal circumstances,
reinforced concrete pipe is preferred. Use of other types shall be
justified by the designer and approved by the Borough Engineer. Specifications
referred to, such as ASA, ASTM, AWWA, etc., should be the latest revision.
(1)
Reinforced Concrete Pipe.
i.
Circular reinforced concrete pipe and fittings shall meet the
requirements of ASTM C-76.
ii.
Elliptical reinforced concrete pipe shall meet the requirements
of ASTM C-507.
iii.
Joint design and joint material for circular pipe
shall conform to ASTM C-443.
iv.
Joints for elliptical pipe shall be bell and spigot or tongue
and groove sealed with butyl, rubber tape, or external sealing bands
conforming to ASTM C-877.
v.
All pipe shall be Class II unless a stronger pipe (i.e., higher
class) is indicated to be necessary.
vi.
The minimum depth of cover over the concrete pipe shall be designated
by the American Concrete Pipe Association, as follows:
|
Pipe Diameter
(inches)
|
STM Class Pipe
|
Minimum Cover (surface to top of pipe)
|
Pipe Diameter
(inches)
|
ASTM Class Pipe
|
Minimum Cover (surface to top of pipe)
|
|---|---|---|---|---|---|
|
12 inches
|
III
|
17 inches
|
24 inches
|
III
|
15 inches
|
|
IV
|
12 inches
|
IV
|
6 inches
| ||
|
V
|
7 inches
|
V
|
6 inches
| ||
|
15 inches
|
III
|
16 inches
|
30 inches
|
III
|
10 inches
|
|
IV
|
11 inches
|
IV
|
6 inches
| ||
|
V
|
7 inches
|
V
|
6 inches
| ||
|
18 inches
|
III
|
16 inches
|
36 inches & above
|
III
|
6 inches
|
|
IV
|
10 inches
|
IV
|
6 inches
| ||
|
V
|
6 inches
|
(2)
Ductile iron pipe shall be centrifugally cast in metal or sand-lined
molds to ANSI A21.51-1976 (AWWA C151-76). The joints shall conform
to AWWA C111. Pipe shall be furnished with flanges where connections
to flange fittings are required. Pipe should be Class 50 (minimum).
The outside of the pipe should be coated with a uniform thickness
of hot applied coal tar coating and the inside lined cement in accordance
with AWWA C104. Ductile iron pipe shall be installed with Class C,
ordinary bedding.
(3)
Corrugated Aluminum Pipe. Within the public right-of-way and
where severe topographic conditions or the desire to minimize the
destruction of trees and vegetation exists, corrugated aluminum pipe,
pipe arch or helical corrugated pipe may be used. The material used
shall comply with the standard specifications for corrugated aluminum
alloy culvert and under drains AASHTO designation M196 or the standard
specification for aluminum alloy helical pipe AASHTO designation M-211.
The minimum thickness of the aluminum pipe to be used shall be: less
than twenty-four inch diameter or equivalent, 0.075 inch (14 gauge);
twenty-four-inch diameter and less than forty-eight-inch diameter
or equivalent, 0.105 inch (12 gauge); forty-eight inch but less than
seventy-two-inch diameter or equivalent, 0.135 inch (10 gauge); and
seventy-two-inch diameter or equivalent and larger, 0.164 inch (eight
gauge).
(4)
Corrugated steel pipe may be used in place of corrugated aluminum
and shall meet the requirements of AASHTO Specification M-36. Coupling
bands and special sections shall also conform to AASHTO M-36. All
corrugated steel pipe shall be bituminous coated in accordance with
AASHTO M-190, Type A minimum.
(f)
Pipe bedding shall be provided as specified in Design and Construction
of Sanitary and Storm Sewers, ASCE Manuals and Reports on Engineering
Practice No. 37, prepared by A Joint Committee of the Society of Civil
Engineers and the Water Pollution Control Federation, New York, 1969.
(g)
Maintenance easements shall be provided around stormwater facilities
where such facilities are located outside of the public right-of-way.
The size of the easement shall be dictated by working needs.
4.
Stormwater Management-System Design-Inlets, Catch Basins, and Manholes.
(a)
Inlets, catch basins and manholes shall be designed in accordance
with New Jersey Department of Transportation Standard Plans and Specifications.
Frame and grates shall be one of the following Campbell Foundry Company
Patterns or equal, as approved by the engineer:
|
Inlet Type
|
Inlet Size
(interior)
|
Campbell Foundry No.
(or Approved Equal)
|
|---|---|---|
|
"A"
|
24" x 42"
|
3405
|
|
"B"
|
48" x 42"
|
2618
|
|
"D"
|
24" x 42"
|
2617
|
|
"E"
|
48" x 42"
|
3425
|
(b)
Inlet spacing shall be designed to limit gutter flow width to
six feet but shall not be more than 400 feet.
(c)
Manhole spacing shall be increased with pipe size.
|
Pipe Size
|
Manhole Spacing
|
|---|---|
|
15" or less
|
500'
|
|
18" — 36"
|
600'
|
|
42" — 60"
|
700'
|
|
60"+
|
700'+
|
(d)
Manholes shall be precast concrete, brick or concrete block
coated with two coats of portland cement mortar.
(e)
If precast manhole barrels and cones are used, they shall conform
to ASTM Specification C-473 with round rubber gaskets joints, conforming
to ASTM Specification C-923. Maximum absorption shall be 8% in accordance
with ASTM Specification C-478, Method A.
(f)
If precast manholes are utilized, the top riser section shall
terminate less than one foot below the finished grade and the manhole
cover shall be flush with the finished grade.
(g)
Manhole frames and covers shall be of cast iron conforming to
ASTM Specification A-48 Class 30 and be suitable for H-20 loading
capacity. All manhole covers in rights-of-way or in remote areas shall
be provided with a locking device. The letters "Year 20" and the words
"FAIR HAVEN STORM SEWER" shall be cast integrally in the cover.
5.
Stormwater Management-System Design-Detention Facilities.
(a)
Development shall use the best available technology to accommodate
stormwater management by natural drainage strategies as indicated
in this chapter.
(b)
Nonstructural management practices, such as open space acquisition,
stream encroachment and flood hazard controls shall be coordinated
with detention requirements. Changes in land use can often reduce
the scope and cost of detention provisions required by means of appropriate
change in runoff coefficients.
(c)
Detention and all other stormwater management facilities shall
conform to the standards under the New Jersey Stormwater Management
Act, N.J.S.A. 40:55D-1 et seq.
(d)
Where detention facilities are deemed necessary, they shall
accommodate site runoff generated from two-, ten-, and 100-year storms
considered individually, unless the detention basin is classified
as a dam, in which case the facility must also comply with the dam
safety standards, N.J.A.C. 7:20. These design storms shall be defined
as either a twenty-four hour storm using the rainfall distribution
recommended by the U.S. Soil Conservation Service when using Soil
Conservation Service procedures (such as United States Soil Conservation
Service, Urban Hydrology for Small Watersheds, Technical Release No.
55) or as the estimated maximum rainfall for the estimated time of
concentration of runoff at the site when using a design method such
as the rational method. Runoff greater than that occurring from the
100-year, twenty-four hour storm will be passed over an emergency
spillway. Detention will be provided such that after development the
peak rate of flow from the site will not exceed the corresponding
flow which would have been created by similar storms prior to development.
For purposes of computing runoff, lands in the site shall be assumed,
prior to development, to be in good condition (if the lands are pastures,
lawns or parks), with good cover (if the lands are woods), or with
conservation treatment (if the land is cultivated), regardless of
conditions existing at the time of computation.
(e)
In calculating the site runoff to be accommodated by a detention
facility, the method to be used is a tabular hydrograph method as
presented in TR No. 55 (SCS method) as supplemented and amended.
(f)
Detention facilities shall be located as far horizontally from
surface water and as far vertically from groundwater as is practicable.
(g)
Detention facilities shall not intercept the post-development
groundwater table, where practicable.
(h)
The following list of general structural criteria shall be used
to design stormwater detention basins. Due to the uniqueness of each
stormwater detention basin and the variability of soil and other site
conditions, these criteria may be modified or appended at the discretion
of the Municipal Engineer if reasons for the variance are indicated
in writing.
6.
Detention Components-Principal Outlets (Quantity Control).
(a)
To minimize the chance of clogging and to facilitate cleaning,
outlet pipes shall be at least six inches in diameter. Similarly,
riser pipes, if utilized, shall be at least eight inches in diameter.
All pipe joints are to be watertight, reinforced concrete pipe. In
addition, trash racks, and/or anti-vortex devices shall be required
where necessary.
(b)
Eight-inch thick anti-seep collars are to be installed along
outlet pipes. Reinforcement steel shall be No. 5 bars at 12 inches
both ways with two inches of cover on both faces (minimum).
(c)
Where necessary, a concrete cradle shall be provided for outlet
pipes.
(d)
All principal outlet structures shall be concrete block or reinforced
concrete. All construction joints are to be watertight.
(e)
Suitable lining shall be placed upstream and downstream of principal
outlets as necessary to prevent scour and erosion. Such lining shall
conform to the criteria contained in Hydraulic Engineering Circular
No. 15, Design of Stable Channels with Flexible Linings, published
by the Federal Highway Administration of the United States Department
of Transportation or Standards for Soil Erosion and Sediment Control
in New Jersey, published by the New Jersey State Soil Conservation
Committee.
7.
Detention Components — Principal Outlets (Quality Control).
(a)
Based upon the requirement limiting the size of the outlet to
a minimum of six inches in diameter, water quality control shall be
maintained by providing an amount of storage equal to the total amount
of runoff which will be produced by the one-inch frequency SCS Type
III twenty-four hour storm, or a 1.25-inch, two-hour rainfall at the
bottom of the proposed detention basin along with a minimum three-inch
diameter outlet.
(b)
The invert(s) of the principal outlet(s) used to control the
larger storms for flood control purposes would then be located at
the resultant water surface elevation required to produce this storage
volume. Therefore, the principal outlets would only be utilized for
storms in excess of 1.25-inch, two-hour event which, in turn, would
be completely controlled by the lower, three inch outlet. If the above
requirements would result in a pipe smaller than three inches in diameter,
the period of retention shall be waived so that three inches will
be the minimum pipe size used. It should be remembered that, in all
cases, the basin should be considered initially empty (i.e., the storage
provided for the quality requirements and the discharge capacity of
its outlet should be utilized during the routing of the larger flood
control storms).
8.
Detention Components — Emergency Spillways.
(a)
Vegetated emergency spillways shall have side slopes not exceeding
three horizontal to one vertical.
(b)
Emergency spillways not excavated from non-compacted soil, shall
be suitably lined and shall comply with criteria contained in Hydraulic
Circular No. 15 or Standards for Soil Erosion and Sediment Control.
(c)
Maximum velocities in emergency spillways shall be checked based
on the velocity of the peak flow in the spillway resulting from the
routed emergency spillway hydrograph. Where maximum velocities exceed
those contained in Exhibit L, set out at the end of this subsection,
suitable lining shall be provided.
9.
Detention Components — Dams and Embankments.
(a)
The minimum top widths of all dams and embankments are listed
below. These values have been adopted from the Standards for Soil
Erosion and Sediment Control in New Jersey published by the New Jersey
State Soil Conservation Committee.
|
MINIMUM TOP WIDTHS
| |
|---|---|
|
Height
(Feet)
|
Top Width
(Feet)
|
|
0 — 15
|
10
|
|
15 — 20
|
12
|
|
20 — 35
|
14
|
(b)
The design top elevation of all dams and embankments after all
settlement has taken place, shall be equal to or greater than the
maximum water surface elevation in the basin resulting from the routed
freeboard hydrograph. Therefore, the design height of the dam or embankment,
defined as the vertical distance from the top down to the bottom of
the deepest cu shall be increased by the amount needed to insure that
the design top elevation will be maintained following all settlement.
This increase shall not be less than 5%. Where necessary, the Borough
Engineer shall require consolidation tests of the undisturbed foundation
soil to more accurately determine the necessary increase.
(c)
Maximum side slopes for all dams and embankments are three horizontal
to one vertical.
(d)
All earth filled shall be free from brush roots and other organic
material subject to decomposition.
(e)
Cutoff trenches are to be excavated along the dam or embankment
center line to impervious subsoil or bedrock.
(f)
Safety ledges shall be constructed on the side slopes of all
detention basins having a permanent pool of water. The ledges shall
be four to six feet in width and located approximately 2.5 to three
feet below and one to 1 1/2 feet above the permanent water surface.
(g)
The fill material in all earth dams and embankments shall be
compacted to at least 95% of the maximum density obtained from compaction
tests performed by the appropriate method in ASTM D698.
10.
Detention Facilities in Flood Hazard Areas.
(a)
There will be no detention basins in the floodway except for
those on-stream.
(b)
Whenever practicable, developments and their stormwater detention
facilities should be beyond the extent of the flood hazard area of
a stream. When that is not feasible and detention facilities are proposed
to be located partially or wholly within the flood hazard area (as
defined by the New Jersey Division of Water Resources), or other areas
which are frequently flooded, some storm conditions will make the
facility ineffective at providing retention of site runoff. This will
happen if the stream is already overflowing its banks and the detention
basin, causing the basin to be filled prior to the time it is needed.
In such cases, the standards established in these regulations will
be modified in order to give only partial credit to detention capabilities
located within a flood hazard area. The credit will vary in a ratio
intended to reflect the probability that storage in a detention basin
will be available at the time a storm occurs at the site.
(c)
In addition, detention development must be in compliance with
all applicable regulations under the Flood Hazard Area Control Act,
N.J.S.A. 58:15A-50 et seq.
(d)
Detention storage provided below the elevation of the edge of
the flood hazard area will be credited as effective storage at a reduced
proportion as indicated in the table below:
|
SIZE OF STORAGE AREA*
| |||
|---|---|---|---|
|
Elevation
|
Less than 15 square miles
|
15 — 100 square miles
|
Greater than 100 square miles
|
|
Less than 2 feet below
|
40%
|
65%
|
90%
|
|
Between 2 feet and 4 feet below
|
25%
|
50%
|
75%
|
|
Over 4 feet below
|
10%
|
25%
|
50%
|
|
Notes:
|
|---|
|
* Area contributing floodwaters to the flood hazard area at
the site in question. This effective detention storage will be required
to provide for drainage of the developed land in accordance with the
criteria already established in these regulations. However, the gross
storage considered for crediting will not exceed that which would
be filled by runoff of a 100-year storm from the site.
|
(e)
As an alternative to the approach outlined in paragraph f2(b)
of this subsection, if the developer can demonstrate that the detention
provided would be effective, during runoff from the 100-year, twenty-four
hour Type 11 storm, peaking simultaneously at the site and on the
flood hazard area, the developer's plan will be accepted as complying
with the provisions of paragraph f2(b) of this subsection.
(f)
In making computations under paragraph f2(b) or f(e) of this
subsection, the volume of net fill added to the flood hazard area
portion of the project's site will be subtracted from the capacity
of effective detention storage provided. Net fill is defined as the
total amount of fill created by the project less than the amount of
material excavated during the construction of the project, both measured
below the excavation of the 100-year flood but above the elevation
of low water in the stream.
(g)
Where detention basins are proposed to be located in areas which
are frequently flooded but have not been mapped as flood hazard areas,
the provisions of either paragraph f2(b) or f3(e) of this subsection
will be applied substituting the elevation of a computed 100-year
flood for the elevation of the flood hazard area in paragraph f2(b)
of this subsection.
11.
Detention Facilities — Maintenance and Repair.
(a)
Responsibility for operation and maintenance of detention facilities,
including periodic removal and disposal of accumulated particulate
material and debris, shall remain with the owner or owners of the
property with permanent arrangements that it shall pass to any successive
owner, unless assumed by a governmental agency. If portions of the
land are to be sold, legally binding arrangements shall be made to
pass the basic responsibility to successors in title. These arrangements
shall designate for each project the property owner, governmental
agency or other legally established entity to be permanently responsible
for maintenance, hereinafter in this section referred to as the responsible
person.
(b)
Prior to granting approval to any project subject to review
under this chapter, the applicant shall enter into an agreement with
the municipality (or County) to ensure the continued operation and
maintenance of the detention facility. This agreement shall be in
a form satisfactory to the Municipal Attorney, and may include, but
may not necessarily be limited to, personal guarantees, deed restrictions,
covenants, and bonds. In cases where property is subdivided and sold
separately, a homeowners' association or similar permanent entity
should be established as the responsible entity, absent an agreement
by a governmental agency to assume responsibility.
(c)
In the event that the detention facility becomes a danger to
public safety or public health, or if it is in need of maintenance,
the municipality shall so notify in writing the responsible person.
From that notice, the responsible person shall have 14 days to effect
such maintenance and repair of the facility in a manner that is approved
by the Municipal Engineer or his designee. If the responsible person
fails or refuses to perform such maintenance and repair, the municipality
may immediately proceed to do so and shall bill the cost thereof to
the responsible person.
12.
Stormwater Management — System Design — Protecting Water
Quality.
(a)
In addition to addressing water quantity generated by development,
a stormwater management system shall also enhance the water quality
of stormwater runoff.
(b)
In order to enhance the water quality of stormwater runoff,
stormwater management shall provide for the control of a water quality
design storm. The water quality design storm shall be defined as the
one-year frequency SCS Type III twenty-four hour storm or a 1.25-inch
two-hour rainfall.
(c)
The water quality design storm shall be controlled by best management
practices. These include but are not limited to the following.
(1)
In "dry" detention basins, provisions shall be made to ensure
that the runoff from the water quality design storm is retained such
that not more than 90% will be evacuated prior to 36 hours for all
nonresidential projects or 18 hours for all residential projects.
The retention time shall be considered a brim-drawdown time, and therefore
shall begin at the time of peak storage. The retention time shall
be reduced in any case which would require an outlet size diameter
of three or less. Therefore, three inch diameter orifices shall be
the minimum allowed.
(2)
In permanent ponds or wet" basins, the water quality requirements
of this chapter shall be satisfied where the volume of permanent water
is at least three times the volume of runoff produced by the water
quality design storm.
(3)
Infiltration practices such as dry wells, infiltration basins,
infiltration trenches, buffer strips, etc., are encouraged as supplements
to a positive outlet system. They may not be used alone unless there
is no feasible alternative and, if used they must produce zero runoff
from the water quality design storm and allow for complete infiltration
within 72 hours. The normally required storage volume must be doubled.
(4)
Other suitable best management practices, contained in New Jersey
Stormwater Quantity/Quality Management Manual (State of New Jersey,
Department of Environmental Protection, February 1981) shall be consulted.
[1]
Editor's Note: See subsection 30-7.33, Stormwater Management
and Control.
[2002 Code § Exhibit 16.36.030A]
|
INTERSECTION STANDARDS
| ||
|---|---|---|
|
Intersection Standards
|
Local Street
|
Collector Street
|
|
Minimum grade with 50 feet of intersection
|
5%
|
3%
|
|
Minimum center line radius
|
150 feet
|
300 feet
|
|
Minimum tangent length between reverse curves
|
100 feet
|
150 feet
|
|
Curb radii
|
25 feet
|
35 feet
|
[2002 Code § Exhibit 16.36.030B]
|
SIGHT TRIANGLES
|
 |
[2002 Code § Exhibit 16.36.030C]
|
PAVEMENT SPECIFICATIONS
| |
|---|---|
|
Local Streets
| |
|
Bituminous concrete surface course, mix 1-5
|
1 1/2 inches thick
|
|
Bituminous stabilized base course, mix I-2
|
3 1/2 inches thick
|
|
Prime coat on gravel base
| |
|
Gravel base course, soil aggregate, gradation designation I-5
|
6 inches thick(1),(2),(3)
|
|
If required add:(4)
Subbase, soil aggregate, gradation designation I-2 or I-3
|
6 inches thick
|
|
Collector Streets
| |
|
Bituminous concrete surface course, mix I-5
|
1 1/2 inches thick
|
|
Bituminous stabilized base course, mix I-2 (laid in 2 courses)
|
4 1/2 inches thick
|
|
Prime coat on gravel base
| |
|
Gravel base course, soil aggregate, gradation designation I-5
|
8 inches thick(1),(2),(3)
|
|
(4)If required add:
Subbase, soil aggregate, gradation designation I-2 or I-3
|
8 inches thick
|
|
Parking Areas and Aisles(5))
| |
|
Bituminous concrete surface course, mix I-5
|
1 1/2 inches thick
|
|
Bituminous stabilized base course, mix I-2
|
2 inches thick
|
|
Gravel base course, soil aggregate, gradation designation I-5
|
4 1/2 inches thick(1),(2))
|
|
Notes:
|
|---|
|
(1)Bituminous stabilized base course
may be substituted for gravel base course on a 1 inch to 3 inch ratio.
|
|
(2)If subgrade is approved as adequate
by the engineer, gravel base course may be completely eliminated and
bituminous stabilized base course may be substituted on a 1 inch to
3 inch ratio.
|
|
(3)Gravel base course may be reduced
to 3 inch minimum if subbase is provided.
|
|
(4)Subbase may be required depending
on subgrade soils, ground water elevations and other variables.
|
|
(5)Portions of parking areas and
aisles likely to be subjected to significant heavy truck traffic shall
meet the standards for local streets.
|
[2002 Code § Exhibit 16.36.030D]
|
ILLUMINATION GUIDELINES FOR STREET, PARKING, AND PEDESTRIAN
AREAS
| ||||||
|---|---|---|---|---|---|---|
|
A. Street Illumination
| ||||||
|
Area Classification
| ||||||
|
Commercial
|
Intermediate
|
Residential
| ||||
|
Street Hierarchy
|
Lux
|
Footcandles
|
Lux
|
Footcandles
|
Lux
|
Footcandles
|
|
Collector
|
13
|
1.2
|
10
|
0.9
|
6
|
0.6
|
|
Local
|
6
|
0.6
|
4
|
0.4
|
4
|
0.4
|
|
B. Parking Illumination (Open Parking Facilities)
| ||||||
|
Illumination Objective
| ||||||
|
Vehicular Traffic
|
Pedestrian Safety
|
Pedestrian Security
| ||||
|
Level of Activity
|
Lux
|
Footcandles
|
Lux
|
Footcandles
|
Lux
|
Footcandles
|
|
Low activity
|
5
|
0.5
|
2
|
0.2
|
9
|
0.8
|
|
Medium activity
|
11
|
1
|
6
|
0.6
|
22
|
2
|
|
High activity
|
22
|
2
|
10
|
0.9
|
43
|
4
|
|
C. Pedestrian Way Illumination
| ||||||
|
Walkways and Bikeway Classification
|
Minimum Average Level
|
Average Levels for Special Pedestrian Safety
| ||||
|
Mounting Heights 3 to 5 meters (9 to 15 feet)
|
Mounting Heights 5 to 10 meters (15 to 30 feet)
| |||||
|
Lux
|
Footcandles
|
Lux
|
Footcandles
|
Lux
|
Footcandles
| |
|
Sidewalks (roadside) and Type A bikeways
| ||||||
|
Commercial areas
|
10
|
0.9
|
22
|
2.0
|
43
|
4.0
|
|
Intermediate areas
|
6
|
0.6
|
11
|
1.0
|
22
|
2.0
|
|
Residential Areas
|
2
|
0.2
|
4
|
0.4
|
9
|
0.8
|
|
Walkways distant from roadways and Type B bikeways
| ||||||
|
Park walkways and bikeways
|
5
|
0.5
|
6
|
0.6
|
11
|
1.0
|
|
Pedestrian tunnels
|
43
|
4.0
|
54
|
5.0
|
—
|
—
|
|
Pedestrian overpasses
|
3
|
0.3
|
4
|
0.4
|
—
|
—
|
|
Pedestrian stairways
|
6
|
0.6
|
9
|
0.8
|
—
|
—
|
|
IES Lighting Handbook definitions:
| |
|---|---|
|
1.
|
Area Classification.
|
|
a.
|
Commercial. That portion of a municipality in a business development
where ordinarily there are large numbers of pedestrians during business
hours.
|
|
b.
|
Intermediate. That portion of a municipality often characterized
by a moderately heavy nighttime pedestrian activity such as in blocks
having libraries, community recreation centers, large apartment buildings
or neighborhood retail stores.
|
|
c.
|
Residential. A residential development, or a mixture of residential
and commercial establishments, characterized by a few pedestrians
at night. This definition includes areas with single-family homes,
townhouses and/or small apartment buildings.
|
|
2.
|
Activity Level.
|
|
a.
|
High Activity. Major league athletic events, cultural or civic
events, and major regional shopping centers.
|
|
b.
|
Medium Activity. Fast food facilities, area shopping centers,
hospital parking areas, transportation parking (airports, etc.), cultural,
civic or recreational events, and residential complex parking.
|
|
c.
|
Low Activity. Local merchant parking, industrial employee parking,
educational facility parking.
|
|
3.
|
Bikeway Classification.
|
|
a.
|
Type A Bikeway. A strip within or adjacent to a public roadway
or shoulder, used for bicycle travel.
|
|
b.
|
Type B Bikeway. An improved strip identified for public bicycle
travel and located away from a roadway or its adjacent sidewalk system.
|
[2002 Code § Exhibit 16.36.030E]
|
COLOR CODE SYSTEM FOR FIRE HYDRANTS
|
|---|
|
Class "A" — 1,000 gpm or greater and water mains of 10
inches and greater — green caps and bonnets
|
|
Class "B" — Greater than 500 gpm but less than 1,000 gpm
and water mains of at least 8 inches but less than 10 inches —
orange caps and bonnets
|
|
Class "C" — 500 gpm or less and water mains of at least
6 inches but less than 8 inches — red caps and bonnets
|
|
Barrels — All fire hydrants shall be chrome yellow or
equivalent, and all yellow paint shall be of "traffic yellow"
|
[2002 Code § Exhibit 16.36.030F]
|
MINIMUM SLOPES FOR SEWER SIZE BY PIPE DIAMETER
| |
|---|---|
|
Pipe Diameter
|
Fall in Fee Per 100 Feet of Sewer
|
|
8"
|
0.40
|
|
10"
|
0.29
|
|
12"
|
0.22
|
|
14"
|
0.17
|
|
15"
|
0.16
|
|
16"
|
0.14
|
|
18"
|
0.12
|
|
20"
|
0.10
|
|
21"
|
0.095
|
|
24"
|
0.080
|
|
27"
|
0.067
|
|
30"
|
0.058
|
|
36"
|
0.046
|
[2002 Code § Exhibit 16.36.030G]
|
MAXIMUM TRENCH DEPTH — PIPE CLASS REQUIREMENTS FOR REINFORCED
CONCRETE PIPE
| |||
|---|---|---|---|
|
Pipe Diameter
(inches)
|
Maximum Widths of Trench at Top of Pipe
|
Depth — Feet Pipe Class
| |
|
IV
|
V
| ||
|
12" and smaller
|
3'-0"
|
6.5
|
18.0
|
|
15"
|
3'-8"
|
6.0
|
14.0
|
|
18"
|
4'-0"
|
7.0
|
16.0
|
|
21"
|
4'-3"
|
8.5
|
17.5
|
|
24"
|
4'-6"
|
9.0
|
20.0
|
|
30"
|
5'-0"
|
10.5
|
22.5
|
|
36"
|
5'-8"
|
11.0
|
22.0
|
[2002 Code § 16.36.030H]
|
RUNOFF COEFFICIENTS AMC II
| |||||
|---|---|---|---|---|---|
|
Land Use Description
|
Hydro. Soil Group
| ||||
|
A
|
B
|
C
|
D
| ||
|
Cultivated land:
| |||||
|
Without conservation treatment
|
0.49
|
0.67
|
0.81
|
0.88
| |
|
With conservation treatment
|
0.27
|
0.43
|
0.61
|
0.67
| |
|
Pasture or range land:
| |||||
|
Poor condition
|
0.38
|
0.63
|
0.78
|
0.84
| |
|
Good condition
|
—
|
0.25
|
0.51
|
0.65
| |
|
Meadow: good condition
|
—
|
—
|
0.44
|
0.61
| |
|
Wood or forest land:
| |||||
|
Thin stand, poor cover, no mulch
|
—
|
—
|
0.59
|
0.79
| |
|
Good cover
|
—
|
—
|
0.45
|
0.59
| |
|
Open spaces, lawns, parks, golf courses, cemeteries
| |||||
|
Good condition: grass cover on 75% or more of the
area
|
—
|
0.25
|
0.51
|
0.65
| |
|
Fair condition: grass cover on 50% to 75% of the
area
|
—
|
0.45
|
0.63
|
0.74
| |
|
Commercial and business areas (85% impervious)
|
0.84
|
0.90
|
0.93
|
0.96
| |
|
Industrial districts (72% impervious)
|
0.67
|
0.81
|
0.88
|
0.92
| |
|
Residential:
| |||||
|
Average lot size — Average % Impervious
| |||||
|
1/8 acre or less
|
65
|
0.59
|
0.76
|
0.86
|
0.90
|
|
1/4 acre
|
38
|
0.26
|
0.55
|
0.70
|
0.80
|
|
1/3 acre
|
30
|
—
|
0.49
|
0.67
|
0.78
|
|
1/2 acre
|
25
|
—
|
0.45
|
0.65
|
0.76
|
|
1 acre
|
20
|
—
|
0.41
|
0.63
|
0.74
|
|
Paved parking lots, roof, driveways, etc.
|
0.99
|
0.99
|
0.99
|
0.99
| |
|
Streets and roads:
| |||||
|
Paved with curbs and storm sewers
|
0.99
|
0.99
|
0.99
|
0.99
| |
|
Gravel
|
0.57
|
0.76
|
0.84
|
0.88
| |
|
Dirt
|
0.49
|
0.69
|
0.80
|
0.84
| |
|
Source: New Jersey Department of Environmental Protection, Technical
Manual for Stream Encroachment (Trenton, New Jersey: Department of
Environmental Protection, 1984), p. 51.
| |||||
[2002 Code § Exhibit 16.36.030I]
|
NOMOGRAPH FOR THE DETERMINATION OF TIME OF CONCENTRATION
|
 |
[2002 Code § Exhibit 16.36.030J]
|
RAINFALL INTENSITY CURVES (SAMPLES)
|
|
[2002 Code § Exhibit 16.36.030K]
|
MANNING'S ROUGHNESS COEFFICIENTS
| |||||||
|---|---|---|---|---|---|---|---|
|
Type of channel
|
Minimum
|
Normal
|
Maximum
| ||||
|
A.
|
CLOSED CONDUITS FLOWING PARTLY FULL
| ||||||
|
A-1.
|
Metal
| ||||||
|
a.
|
Brass, smooth
|
0.009
|
0.010
|
0.013
| |||
|
b.
|
Steel
| ||||||
|
1.
|
Lockbar and welded
|
0.010
|
0.012
|
0.014
| |||
|
2.
|
Riveted and spiral
|
0.013
|
0.016
|
0.017
| |||
|
c.
|
Cast iron
| ||||||
|
1.
|
Coated
|
0.010
|
0.013
|
0.014
| |||
|
2.
|
Uncoated
|
0.011
|
0.014
|
0.016
| |||
|
d.
|
Wrought iron
| ||||||
|
1.
|
Black
|
0.012
|
0.014
|
0.015
| |||
|
2.
|
Galvanized
|
0.013
|
0.016
|
0.017
| |||
|
e.
|
Corrugated metal
| ||||||
|
1.
|
Subdrain
|
0.017
|
0.019
|
0.021
| |||
|
2.
|
Storm drain
|
0.021
|
0.024
|
0.030
| |||
|
A-2.
|
Nonmetal
| ||||||
|
a.
|
Lucite
|
0.008
|
0.009
|
0.010
| |||
|
b.
|
Glass
|
0.009
|
0.010
|
0.013
| |||
|
c.
|
Cement
| ||||||
|
1.
|
Neat, surface
|
0.010
|
0.011
|
0.013
| |||
|
2.
|
Mortar
|
0.011
|
0.013
|
0.015
| |||
|
d.
|
Concrete
| ||||||
|
1.
|
Culvert, straight and free of debris
|
0.010
|
0.011
|
0.013
| |||
|
2.
|
Culvert with bends, connections, and some debris
|
0.011
|
0.013
|
0.014
| |||
|
3.
|
Finished
|
0.011
|
0.012
|
0.014
| |||
|
4.
|
Sewer with manholes, inlet, etc., straight
|
0.013
|
0.015
|
0.017
| |||
|
5.
|
Unfinished, steel form
|
0.012
|
0.013
|
0.014
| |||
|
6.
|
Unfinished, smooth wood form
|
0.012
|
0.014
|
0.016
| |||
|
7.
|
Unfinished, rough wood form
|
0.015
|
0.017
|
0.020
| |||
|
e.
|
Wood
| ||||||
|
1.
|
Stave
|
0.010
|
0.012
|
0.014
| |||
|
2.
|
Laminated, treated
|
0.015
|
0.017
|
0.020
| |||
|
f.
|
Clay
| ||||||
|
1.
|
Common drainage tile
|
0.011
|
0.013
|
0.017
| |||
|
2.
|
Vitrified sewer
|
0.011
|
0.014
|
0.017
| |||
|
3.
|
Vitrified sewer with manholes, inlet, etc.
|
0.013
|
0.015
|
0.017
| |||
|
4.
|
Vitrified subdrain with open joint
|
0.014
|
0.016
|
0.018
| |||
|
g.
|
Brickwork
| ||||||
|
1.
|
Glazed
|
0.011
|
0.013
|
0.015
| |||
|
2.
|
Lined with cement mortar
|
0.012
|
0.015
|
0.017
| |||
|
h.
|
Sanitary sewers coated with sewage slimes, with bends and connections
|
0.012
|
0.013
|
0.016
| |||
|
i.
|
Paved invert, sewer, smooth bottom
|
0.016
|
0.019
|
0.020
| |||
|
j.
|
Rubble masonry, cemented
|
0.018
|
0.025
|
0.030
| |||
|
B.
|
LINED OR BUILT-UP CHANNELS
| ||||||
|
B-1.
|
Metal
| ||||||
|
a.
|
Smooth steel surface
| ||||||
|
1.
|
Unpainted
|
0.011
|
0.012
|
0.014
| |||
|
2.
|
Painted
|
0.012
|
0.013
|
0.017
| |||
|
b.
|
Corrugated
|
0.021
|
0.025
|
0.030
| |||
|
B-2.
|
Nonmetal
| ||||||
|
a.
|
Cement
| ||||||
|
1.
|
Neat, surface
|
0.010
|
0.011
|
0.013
| |||
|
2.
|
Mortar
|
0.011
|
0.013
|
0.015
| |||
|
b.
|
Wood
| ||||||
|
1.
|
Planed, untreated
|
0.010
|
0.012
|
0.014
| |||
|
2.
|
Planed, creosoted
|
0.011
|
0.012
|
0.015
| |||
|
3.
|
Unplaned
|
0.011
|
0.013
|
0.015
| |||
|
4.
|
Plank with battens
|
0.012
|
0.015
|
0.018
| |||
|
5.
|
Lined with roofing paper
|
0.010
|
0.014
|
0.017
| |||
|
c.
|
Concrete
| ||||||
|
1.
|
Trowel finish
|
0.011
|
0.013
|
0.015
| |||
|
2.
|
Float finish
|
0.013
|
0.015
|
0.016
| |||
|
3.
|
Finished, with gravel on bottom
|
0.015
|
0.017
|
0.020
| |||
|
4.
|
Unfinished
|
0.014
|
0.017
|
0.020
| |||
|
5.
|
Gunite, good section
|
0.016
|
0.019
|
0.023
| |||
|
6.
|
Gunite, wavy section
|
0.018
|
0.022
|
0.025
| |||
|
7.
|
On good excavated rock
|
0.017
|
0.020
| ||||
|
8.
|
On irregular excavated rock
|
0.022
|
0.027
| ||||
|
d.
|
Concrete bottom float finished with sides of
| ||||||
|
1.
|
Dressed stone in mortar
|
0.015
|
0.017
|
0.020
| |||
|
2.
|
Random stone in mortar
|
0.017
|
0.020
|
0.024
| |||
|
3.
|
Cement rubble masonry, plastered
|
0.016
|
0.020
|
0.024
| |||
|
4.
|
Cement rubble masonry
|
0.020
|
0.025
|
0.030
| |||
|
5.
|
Dry rubble or riprap
|
0.020
|
0.030
|
0.035
| |||
|
e.
|
Gravel bottom with sides of
| ||||||
|
1.
|
Formed concrete
|
0.017
|
0.020
|
0.025
| |||
|
2.
|
Random stone in mortar
|
0.020
|
0.023
|
0.026
| |||
|
3.
|
Dry rubble or riprap
|
0.023
|
0.033
|
0.036
| |||
|
f.
|
Brick
| ||||||
|
1.
|
Glazed
|
0.011
|
0.013
|
0.015
| |||
|
2.
|
In cement mortar
|
0.012
|
0.015
|
0.018
| |||
|
g.
|
Masonry
| ||||||
|
1.
|
Cemented rubble
|
0.017
|
0.025
|
0.030
| |||
|
2.
|
Dry rubble
|
0.023
|
0.032
|
0.035
| |||
|
h.
|
Dressed ashlar
|
0.013
|
0.015
|
0.017
| |||
|
i.
|
Asphalt
| ||||||
|
1.
|
Smooth
|
0.013
|
0.013
| ||||
|
2.
|
Rough
|
0.016
|
0.016
| ||||
|
j.
|
Vegetal lining
|
0.030
|
—
|
0.500
| |||
|
C.
|
EXCAVATED OR DREDGED
| ||||||
|
a.
|
Earth, straight and uniform
| ||||||
|
1.
|
Clean, recently completed
|
0.016
|
0.018
|
0.020
| |||
|
2.
|
Clean, after weathering
|
0.018
|
0.022
|
0.025
| |||
|
3.
|
Gravel, uniform section, clean
|
0.022
|
0.025
|
0.030
| |||
|
4.
|
With short grass, few weeds
|
0.022
|
0.027
|
0.033
| |||
|
b.
|
Earth, winding and sluggish
| ||||||
|
1.
|
No vegetation
|
0.023
|
0.025
|
0.030
| |||
|
2.
|
Grass, some weeds
|
0.025
|
0.030
|
0.033
| |||
|
3.
|
Dense weeds or aquatic plants in deep channels
|
0.030
|
0.035
|
0.040
| |||
|
4.
|
Earth bottom and rubble sides
|
0.028
|
0.030
|
0.035
| |||
|
5.
|
Stony bottom and weedy banks
|
0.025
|
0.035
|
0.040
| |||
|
6.
|
Cabble bottom and clean sides
|
0.030
|
0.040
|
0.050
| |||
|
c.
|
Dragline-excavated or dredged
| ||||||
|
1.
|
No vegetation
|
0.025
|
0.028
|
0.033
| |||
|
2.
|
Light brush on banks
|
0.035
|
0.050
|
0.060
| |||
|
d.
|
Rock cuts
| ||||||
|
1.
|
Smooth and uniform
|
0.025
|
0.035
|
0.040
| |||
|
2.
|
Jagged and irregular
|
0.035
|
0.040
|
0.050
| |||
|
e.
|
Channels not maintained, weeds and brush uncut
| ||||||
|
1.
|
Dense weeds, high as flow depth
|
0.050
|
0.080
|
0.120
| |||
|
2.
|
Clean bottom, brush on sides
|
0.040
|
0.050
|
0.080
| |||
|
3.
|
Same, highest stage of flow
|
0.045
|
0.070
|
0.0110
| |||
|
4.
|
Dense brush, high stage
|
0.080
|
0.100
|
0.140
| |||
|
D.
|
NATURAL STREAMS
| ||||||
|
D-1.
|
Minor streams (top width at flood stage 100 feet)
| ||||||
|
a.
|
Streams on plain
| ||||||
|
1.
|
Clean, straight, full stage, no rift or deep pools
|
0.025
|
0.030
|
0.033
| |||
|
2.
|
Same as above, but more stones and weeds
|
0.030
|
0.035
|
0.040
| |||
|
3.
|
Clean, winding, some pools and shoals
|
0.033
|
0.040
|
0.045
| |||
|
4.
|
Same as above, but some weeds and stones
|
0.035
|
0.045
|
0.050
| |||
|
5.
|
Same as above, lower stages, more ineffective slopes and sections
|
0.040
|
0.048
|
0.055
| |||
|
6.
|
Same as 4, but more stones
|
0.045
|
0.050
|
0.060
| |||
|
7.
|
Sluggish reaches, weedy, deep pools
|
0.050
|
0.070
|
0.080
| |||
|
8.
|
Very weedy reaches, deep pools, or floodways with heavy stand
of timber and underbrush
|
0.075
|
0.100
|
0.150
| |||
|
b.
|
Mountain streams, no vegetation in channel, banks usually steep,
trees and brush along banks submerged at high stages
| ||||||
|
1.
|
Bottom: gravels, cobbles, and few boulders
|
0.030
|
0.040
|
0.050
| |||
|
2.
|
Bottom: cobbles with large boulders
|
0.040
|
0.050
|
0.070
| |||
|
D-2.
|
Flood plains
| ||||||
|
a.
|
Pasture, no brush
| ||||||
|
1.
|
Short grass
|
0.025
|
0.030
|
0.035
| |||
|
2.
|
High grass
|
0.030
|
0.035
|
0.050
| |||
|
b.
|
Cultivated areas
| ||||||
|
1.
|
No crop
|
0.020
|
0.030
|
0.040
| |||
|
2.
|
Mature row crops
|
0.025
|
0.035
|
0.045
| |||
|
3.
|
Mature field crops
|
0.030
|
0.040
|
0.050
| |||
|
c.
|
Brush
| ||||||
|
1.
|
Scattered brush, heavy weeds
|
0.035
|
0.050
|
0.070
| |||
|
2.
|
Light brush and trees in winter
|
0.035
|
0.050
|
0.060
| |||
|
3.
|
Light brush and trees, in summer
|
0.040
|
0.060
|
0.080
| |||
|
4.
|
Medium to dense brush, in winter
|
0.045
|
0.070
|
0.110
| |||
|
5.
|
Medium to dense brush, in summer
|
0.070
|
0.100
|
0.160
| |||
|
d.
|
Trees
| ||||||
|
1.
|
Dense willows, summer, straight
|
0.110
|
0.150
|
0.200
| |||
|
2.
|
Cleared land with tree stumps, no sprouts
|
0.030
|
0.040
|
0.050
| |||
|
3.
|
Same as above, but with heavy growth of sprouts
|
0.050
|
0.060
|
0.080
| |||
|
4.
|
Heavy stand of timber, a few down trees, little undergrowth,
flood stage below branches
|
0.080
|
0.100
|
0.120
| |||
|
5.
|
Same as above, but with flood stage reaching branches
|
0.100
|
0.120
|
0.160
| |||
|
D-3.
|
Major streams (top width at flood stage 100 feet) The n value
is less than that for minor streams of similar description, because
banks offer less effective resistance.
| ||||||
|
a.
|
Regular section with no boulders or brush
|
0.025
|
—
|
0.060
| |||
|
b.
|
Irregular and rough section
|
0.035
|
—
|
0.100
| |||
|
Source: State of New Jersey, Department of Environmental Protection,
Technical Manual for Stream Encroachment, Trenton, New Jersey, 1984,
Table 3.2-11(A-1)
|
[2002 Code § Exhibit 16.36.030L]
|
PERMISSION VELOCITIES FOR SWALES, OPEN CHANNELS, AND DITCHES
WITH UNIFORM STANDS OF VARIOUS WELL-MAINTAINED GRASS COVERS
| |||
|---|---|---|---|
|
Permissible Velocity on:
| |||
|
Ground Cover
|
Slope Range Percent
|
Erosion-Resistant Soils (fps)
|
Easily Eroded Soils
(fps)
|
|
Bermuda grass
|
0—5
|
8
|
6
|
|
5—10
|
7
|
5
| |
|
Over 10
|
6
|
4
| |
|
Buffalo grass
|
0—5
|
7
|
5
|
|
Kentucky bluegrass
|
5—1
|
6
|
4
|
|
Smooth brome
|
Over 10
|
5
|
3
|
|
Grass mixture
|
0—5
|
5
|
4
|
|
5—10
|
4
|
3
| |
|
Lespedeza
|
0—5
|
3.5
|
2.5
|
|
Weeping love grass
| |||
|
Yellow bluestem
| |||
|
Kudzu
| |||
|
Alfalfa
| |||
|
Crabgrass
| |||
|
Common lespedeza
|
0—5
|
3.5
|
2.5
|
|
Sundan grass
| |||
|
fps = feet per second
| |||
|
Source: Soil Conservation Service, U.S. Department of Agriculture
(Washington, D.C.: Government Printing Office, 1959). Cited in ULI-ASCE-NAHB,
Residential Storm Water Management (Washington, D.C.: Government Printing
Office, 1975).
|
[2002 Code § 16.40.010; Ord. No.
2018-08]
Improvement guarantees shall be provided prior to the filing
of final subdivision plats or as a condition of final site plan approval
to ensure the Borough of the proper installation and maintenance of
on-site and on-tract improvements.
[2002 Code § 16.40.020; Ord. No.
2018-08]
a.
Before filing of final subdivision plats or recording of minor subdivision
deeds or as a condition of final site plan approval or as a condition
to the issuance of a zoning permit, the applicant shall furnish to
the Borough a performance guarantee and maintenance guarantee to assure
the installation and maintenance of certain on-tract improvements.
The amount of the guarantee shall be determined by the Borough Engineer,
not to exceed 120% of the estimated cost of installation of only those
improvements required by an approval or developers agreement, ordinance
or regulation to be dedicated to a public entity including: streets,
curbs, grading, pavement, gutters, sidewalks, street lighting, street
trees, surveyors monuments, water mains, sanitary sewers, community
septic system, drainage structures, public improvements of open space
and any grading necessitated by the preceding improvements and privately-owned
perimeter buffer landscaping. At the developer's option, a separate
performance guarantee may be posted for the privately-owned perimeter
buffer landscaping.
b.
Performance guarantees shall be submitted in the following form:
1.
A minimum of 10% of the performance guarantee must be posted in cash.
2.
The remaining 90% of the performance guarantee amount may be posted
in cash, certified check, irrevocable standby letter of credit or
surety bond issued by an insurance company licensed to do business
in the State of New Jersey and acceptable to the Borough Attorney
in the favor of the Borough.
3.
If the applicant elects to post an irrevocable standby letter of
credit, it must be written in accordance with the standardized form
adopted by regulation by the Department of Community Affairs pursuant
to Section 1 of P.L. 1999, c.68 (C.40:55D-53a) as complying with the
provisions of Section 41 of P.L. 1975, c. 291 (C.40:55D-53).
4.
All guarantees shall provide for construction of the required improvements
within two years of the date of their posting or such other time as
determined by the Municipal Agency. This time period may be extended
by the Governing Body, in the form of a resolution granting such extension
provided the Municipal Agency has, if necessary, extended the period
of protection pursuant to N.J.S.A. 40:55D-52a. As a condition of this
extension the guarantee amount may be adjusted to 120% of the estimated
cost to construct the improvements at that time and additional inspection
fees deemed necessary by the Municipal Agency shall be paid.
5.
All performance guarantees shall remain in effect until formally
released by the Governing Body by a resolution and receipt of an approved
maintenance guarantee as required.
6.
All guarantees, sureties, and landing institutions are subject to
the approval of the Municipal Attorney and the Governing Body.
[Ord. No. 2018-08]
a.
In the event that the developer shall seek a temporary certificate
of occupancy for a development, unit, lot, building, or phase of development,
as a condition of the issuance thereof, the developer shall furnish
a separate guarantee, referred to herein as a "temporary certificate
of occupancy guarantee," in favor of the Borough in an amount equal
to 120% of the cost of installation of only those improvements or
items which remain to be completed or installed under the terms of
the temporary certificate of occupancy and which are required to be
installed or completed as a condition precedent to the issuance of
the permanent certificate of occupancy for the development, unit,
lot, building or phase of development and which are not covered by
an existing performance guarantee.
b.
Upon posting of a temporary certificate of occupancy guarantee, all sums remaining under a performance guarantee, required pursuant to section 30-10.2, which relate to the development, unit, lot, building, or phase of development for which the temporary certificate of occupancy is sought, shall be released. At no time may a Borough hold more than one guarantee or bond of any type with respect to the same line item.
c.
The scope and amount of the temporary certificate of occupancy guarantee
shall be determined by the Borough Engineer.
d.
The temporary certificate of occupancy guarantee shall be released
by the Governing Body upon the issuance of a permanent certificate
of occupancy with regard to the development, unit, lot, building,
or phase as to which the temporary certificate of occupancy relates.
[Ord. No. 2018-08]
a.
In addition to a performance guarantee required pursuant to subsection 30-10.2, a developer shall furnish to the Borough a separate guarantee, referred to herein as a "safety and stabilization guarantee," in favor of the Borough, to be available to the Borough solely for the purpose of returning property that has been disturbed to a safe and stable condition or otherwise implementing measures to protect the public from access to an unsafe or unstable condition, only in the circumstance that:
1.
Site disturbance has commenced and, thereafter, all work on the development
has ceased for a period of at least 60 consecutive days following
such commencement for reasons other than force majeure, and
2.
Work has not recommenced within 30 days following the provision of
written notice by the Borough to the developer of the Borough's intent
to claim payment under the guarantee.
b.
The amount for the safety and stabilization guarantee shall be calculated
to equal the following:
1.
For a development with bonded improvements in an amount not exceeding
$100,000 shall be $5,000.
2.
For a development with bonded improvements exceeding $100,000 shall
be calculated as a percentage of the bonded improvement costs of the
development or phase of development as follows:
(a)
$5,000 for the first $100,000 of bonded improvement costs, plus
2.5% of bonded improvement costs in excess of $100,000 up to $1,000,000,
plus 1% of bonded improvement costs in excess of $1,000,000.
c.
Notice.
1.
The Borough shall not provide notice of its intent to claim payment
under a safety and stabilization guarantee until a period of at least
60 days has elapsed during which all work on the development has ceased
for reasons other than force majeure. The Borough shall provide written
notice to a developer by certified mail or other form of delivery
providing evidence of receipt.
[Ord. No. 2018-08]
b.
The developer shall post with the Borough, upon the inspection and
issuance of final approval of the following private site improvements
by the Borough Engineer, a maintenance guarantee in an amount not
to exceed 15% of the cost of the installation, which cost shall be
determined by the Borough Engineer according to the method of calculation
set forth in section 15 of N.J.S.A. 40:55D-53.4, of the following
private site improvements:
c.
The term of the maintenance guarantee shall be for a period not to
exceed two years and shall automatically expire at the end of the
established term.
[2002 Code § 16.40.030; Ord. No.
2018-08]
a.
All site improvements shall be inspected during the time of their installation under the supervision of the Borough Engineer. Prior to the start of construction of any improvements, the applicant shall deposit by cash or certified check with the Borough Clerk the applicable inspection fee required by Section 30-3 of this chapter.
b.
In no case shall installation of underground facilities or any paving
work be conducted without permission from the Borough Engineer.
c.
The Borough Engineer's office shall be notified two working days
prior to commencement of each of the following phases to construction
so that the Borough Engineer or a qualified representative may be
present to inspect the work:
1.
Site clearing and grading;
2.
Road subgrade;
3.
Curb and gutter forms;
4.
Curbs and gutters;
5.
Road paving;
6.
Sidewalk forms;
7.
Sidewalks;
8.
Drainage pipes and other drainage construction;
9.
Street name signs;
10.
Monuments;
11.
Sanitary sewers;
12.
Detention and/or retention basins;
13.
Topsoil seeding, planting, shade trees.
d.
Any improvement installed contrary to the plan or plat approval by
the Borough shall constitute just cause to void the municipal approval.
e.
Any improvements installed without notice for inspection shall constitute
just cause for:
f.
Inspection by the Borough of installation of improvements and utilities
shall not operate to subject the Borough to liability for claims,
suits or liability of any kind that may at any time arise because
of defects or negligence during construction or at any time thereafter;
it being recognized that the responsibility to maintain safe conditions
at all times during construction and to provide proper utilities and
improvements is upon the owners and his contractor, if any.
g.
If the Borough determine that the amount in escrow for the payment
of inspection fees is insufficient to cover the cost of additional
required inspections, the Borough may require the developer to deposit
additional funds in escrow provided that the Borough delivers to the
developer a written inspection escrow deposit request, signed by the
Borough Engineer, which:
[2002 Code § 16.40.040; Ord. No.
2018-08]
a.
Prior to the signing and recording of final major subdivision plats
and as a condition of final site plan approval in the case of a site
plan, the developer shall enter into the agreement with the Governing
Body if so required by the Borough Agency. This agreement shall be
of a form that is acceptable to the Borough Attorney and one in which
the developer agrees to abide by the terms and condition of approval,
construct the required improvements in accordance with the approved
plans, agree to maintain the constructed improvements including but
not limited to, payment of street lighting charges, snow removal,
maintenance of storm drainage, sewer and water facilities. The developer
also shall agree that in the event the improvements are not maintained,
the Borough can utilize the cash portions of the performance guarantees
to immediately attend to items presenting a safety hazard.
b.
The developer shall reimburse the Borough for the cost and expense
of the developer's agreement and filing of the developer's agreement
with the County Clerk in accordance with the applicable professional
contract, prior to execution of same.
[2002 Code § 16.40.050; Ord. No.
2018-08]
a.
Upon substantial completion of all required street improvements (except for top course), and appurtenant utility improvements, and the connection of same to the public system, the obligator may request of the Governing Body in writing, by certified mail addressed in care of the Borough Clerk, that the Borough Engineer prepare, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to subsection 30-10.2a of this section, a list of all uncompleted or unsatisfactory completed improvements. If such a request is made, the obligor shall send a copy of the request to the Borough Engineer. The request shall indicate which bonded improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Concurrent with this notice the obligor shall forward a set of as-built plans for the following:
1.
Roads (plan and profiles);
2.
Surface and stormwater drainage (plans and profiles) for facilities
in roads and easements;
3.
Sanitary sewers including individual lot connections and cleanouts
(plans and profiles) for facilities in roads and easements;
4.
Water mains, gas mains and underground electric, telephone and community
antenna television (CATV) conduits (plans and profiles) for facilities
in roads and easements.
Upon acceptance of the as-built plan information by the Borough
Engineer, two mylar and four paper copies of the as-built plan shall
be submitted to the Borough.
Thereupon the Borough Engineer shall inspect all bonded improvements
of which such notice has been given and shall file a detailed list
and report, in writing, with the Governing Body and shall simultaneously
send a copy to the obligor not later than 45 days after receipt of
the obligor's request.
The list prepared by the Borough Engineer shall state, in detail, with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Borough Engineer shall identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to' subsection 30-10.2a of this section.
b.
The Governing Body, by resolution, shall either approve the bonded
improvements determined to be complete and satisfactory by the Borough
Engineer, or reject any or all of these bonded improvements upon the
establishment in the resolution of the cause for rejection, and shall
approve and authorize the amount of reduction to be made in the performance
guarantee and the safety and stabilization bond relating to the improvements
accepted, in accordance with the itemized cost estimate prepared by
the Borough Engineer and appended to the performance guarantee pursuant
to subsection 20-10.2a of this section. This resolution shall be adopted
not later than 45 days after receipt of the list and report prepared
by the Borough Engineer. Upon adoption of the resolution by the Governing
Body, the obligor shall be released from all liability pursuant to
its performance guarantee and the safety and stabilization bond with
respect to those approved bonded improvements except for the portion
adequately sufficient to secure completion or correction of the improvements
not yet approved; provided that 30% of the amount of the performance
guarantee and the safety and stabilization bond posted may be retained
to ensure completion and acceptability of all improvements.
c.
If the Borough Engineer fails to send or provide the list and report
as requested by the obligor pursuant to paragraph a of this subsection
within 45 days from receipt of the request, the obligor may apply
to the court in a summary manner for an order compelling the Borough
Engineer to provide the list and report within a stated time and the
cost of applying to the court, including reasonable attorney's fees,
may be awarded to the prevailing party.
If the Governing Body fails to approve or reject the bonded improvements determined by the Borough Engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the Borough Engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to subsection 30-10.2a of this section; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
d.
In the event that the obligor has made a cash deposit with the municipality
or approving authority as part of the performance guarantee, then
any partial reduction granted in the performance guarantee pursuant
to this subsection shall be applied to the cash deposit in the same
proportion as the original cash deposit bears to the full amount of
the performance guarantee, provided that if the safety and stabilization
guarantee is included as a line item of the performance guarantee
the Borough may retain cash equal to the amount of the remaining safety
and stabilization guarantee.
e.
If any portion of the required bonded improvements is rejected, the
approving authority may require the obligor to complete or correct
such improvements and, upon completion or correction, the same procedure
of notification, as set forth in this section shall be followed.
f.
Nothing herein, however, shall be construed to limit the right of
the obligor to contest by legal proceedings any determination of the
Governing body or the Borough Engineer.
g.
The obligor shall reimburse the Borough for all reasonable inspection
fees paid to the Borough Engineer for the foregoing inspection of
improvements; which fees shall not exceed the sum of the amounts set
forth in the following subsections, Section 30- 10.8h1 through 4.
The Borough may require the developer to post the inspection fees
in escrow in an amount:
1.
Not to exceed, except for extraordinary circumstances, the greater
of $500 or 5% of the cost of bonded improvements estimated pursuant
to the Municipal Land Use Law.
2.
Not to exceed 5% of the cost of private site improvements that are
not subject to a performance guarantee, which cost shall be determined
pursuant to section 15 of P.L. 1991, c.256 (C.40:55D-53.4).
3.
For those developments for which the reasonably anticipated fees
are less than $10,000,00 fees may, at the option of the developer,
be paid in two installments. The initial amount deposited by a developer
shall be 50% of the reasonably anticipated fees. When the balance
on deposit drops to 10% of the reasonably anticipated fees because
the amount deposited by the developer has been reduced by the amount
paid to the Borough Engineer for inspection, the developer shall deposit
the remaining 50% of the anticipated inspection fees.
4.
For those developments for which the reasonably anticipated fees
are $10,000 or greater, fees may at the option of the developer, be
paid in four installments. The initial amount deposited by a developer
shall be 25% of the reasonably anticipated fees. When the balance
on deposit drops to 10% of the reasonably anticipated fees because
the amount deposited by the developer has been reduced by the amount
paid to the Borough Engineer for inspection, the developer shall file
additional deposits of 25% of the reasonably anticipated fees.
5.
The Borough Engineer shall not perform any inspection if sufficient
funds to pay for those inspections are not on deposit nor shall the
developer proceed with any work for which an inspection is required
until sufficient funds are on deposit provided that the Borough delivers
to the developer a written inspection escrow deposit request, signed
by the Borough Engineer, which: informs the developer of the need
for additional inspections, details the items or undertakings that
require inspection, estimates the time required for those inspections,
and estimates the cost of performing those inspections.
h.
In the event that final approval is by stages or sections of development
pursuant to N.J.S.A. 40:55D-38, the provisions of this subsection
shall be applied by stage or section.
i.
No performance guarantees shall be released if the developer shall
be in default of its developer's agreement in the payment of escrow
fees or payment of taxes.
[2002 Code § 16.40.060; Ord. No.
2018-08]
The installation of any subdivision improvements or the commencement
of any clearing and grading subsequent to preliminary approval shall
not be undertaken unless the following has been done:
a.
If at any time of preliminary approval but prior to the commencement
of final approval, the developer elects to proceed with the installation
of improvements required under this chapter the developer shall furnish
the Borough with the final construction drawings and details.
b.
The Municipal Agency having jurisdiction over the subdivision (Planning
Board or Board of Adjustment) in consultation with the Borough Engineer
shall review the final construction plans to determine that the clearing,
grading and/or installation of improvements will not hinder future
developments or create physical or aesthetic problems in the event
that further development of the site is not undertaken.
c.
The required construction, inspection, engineering, and administration
fees have been paid, and adequate performance guarantees have been
posted to provide for the cost to the Borough of performing work that
may be necessary to protect adjacent property owners and the public
interest in the event that such clearing, grading and/or further development
of the site is not undertaken.
Such performance guarantees shall include, but are not limited
to, the cost of the Borough providing drainage facilities necessary
to protect off-tract areas from flooding, screening, or fencing that
may be required and all improvements to be undertaken which are within
existing public rights-of-way or easements.
d.
In addition to the performance guarantee, a developer shall furnish
to the Borough a separate guarantee, referred to as a "safety and
stabilization bond," in favor of the Borough, for the purpose of returning
property that has been disturbed to a safe and stable condition or
otherwise implementing measures to protect the public from access
to an unsafe or unstable condition
e.
Prior to any disturbance of the site or commencement of any construction,
the developer shall enter into an agreement with the Governing Body.
This agreement shall be of a form that is acceptable to the Municipal
Attorney and one in which the developer agrees to abide by the terms
and conditions of approval, construct the required improvements in
accordance with the approved plans, agrees to maintain the site and
the constructed improvements. The developer also shall agree that
in the event that the site and improvements are not maintained, the
Borough can utilize the cash portions of the performance guarantee
to immediately attend to items presenting a safety hazard.
f.
No development permit shall be issued nor any work commenced on site
until compliance with this section and notice of intention to commence
construction of such improvements shall be furnished to the Borough
Engineer,
g.
At least two weeks prior to the start of any construction the developer
shall notify the Borough Engineer of his intention to start work so
that a preconstruction meting can be arranged between the developer
and the Borough Engineer.
h.
The Borough Engineer must be notified at least 48 hours in advance
of any on-site development.
[2002 Code § 16.44.010]
This section is intended to ensure a pro rata share allocation
of the costs for off-tract improvements necessitated by new development.
[2002 Code § 16.44.020]
As a condition of final subdivision or site plan approval, the
Municipal Agency may require an applicant to pay the pro rata share
of the cost of providing reasonable and necessary circulation improvements,
and water, sewerage, and drainage facilities, including land and easements,
located off-tract of the property limits of the subdivision or development
but necessitated or required by the development. "Necessary" improvements
are those clearly, directly, and substantially related to the development
in question. The Municipal Agency shall provide in its resolution
of approval the basis of the required improvements. The proportionate
or pro rata amount of the cost of such facilities within a related
or common area shall be based on the following criteria.
[2002 Code § 16.44.030]
a.
Full Allocation. In cases where off-tract improvements are necessitated
by the proposed development, and where no other property owner(s)
receive(s) a special benefit thereby or where neither the Borough
nor any other government entity has planned or programmed or accepted
the responsibility for any portion of the cost of the improvements,
the applicant may be required at the applicant's sole expense and
as a condition of approval, to provide and install such improvements.
b.
Proportionate Allocation.
1.
Where it is determined that properties outside the development will
also be benefited by the off-tract improvements, and where either
the Borough or any other government entity has planned or programmed
or accepted the responsibility for any portion of the cost of the
improvement, the following criteria shall be utilized in determining
the proportionate share of the cost of such improvements to the developer.
2.
Nothing herein shall be construed to prevent the Municipal Agency
and the developer from agreeing to use a different method to allocate
cost.
3.
Allocation Formula.
(a)
Sanitary Sewers. The applicant's proportionate share of distribution
facilities including the installation, relocation or replacement of
collector, trunk and interceptor sewers, and appurtenances associated
therewith, shall be computed as follows:
(1)
The capacity and the design of the sanitary sewer system shall be based on the standards specified in Section 30-9 of this chapter, computed by the developer's engineer and approved by the Municipal Engineer.
(2)
The Municipal Engineer or planner shall provide the applicant
with the existing and reasonably anticipated peak hour flows as well
as capacity limits of the affected sewer system.
(3)
If the required system does not
exist or the existing system does not have adequate capacity to accommodate
the applicant's flow given existing and reasonably anticipated peak
hour flows, the pro rate share shall be computed to be the larger
of:
i.
The partial cost of a shared improvement where none now exists:
|
Total cost of improvement\Developer's cost
|
=
|
Capacity of improvement (gallons per day - gpd)\Development-generated
design flow to the accommodated by the improvement (gpd)
|
, or
ii.
The total cost of an improvement designed to accommodate
only the development flow, if such an alternative is technically possible,
or
iii.
The partial cost of a shared improvement where
the existing improvement has insufficient capacity:
|
Total cost of enlargement or improvement\Developer's cost
|
=
|
Capacity of enlargement or improvement in excess of existing
capacity gpd\Development -generated design flow to the accommodated
by the improvement (gpd)
|
(b)
Roadways. The applicant's proportionate
share of street improvements, alignment, channelization, barriers,
new or improved traffic signalization, signs, curbs, sidewalks, trees,
utility improvements uncovered elsewhere, the construction or reconstruction
of new or existing streets, and other associated street or traffic
improvements shall be as follows:
(1)
The Municipal Engineer or planner shall provide the applicant
with the existing and reasonably anticipated future peak hour volumes
for the off-tract improvements.
(2)
The applicant shall furnish, for approval by the Municipal Engineer,
the estimated peak hour traffic generated by the proposed development
and the proportion thereof which is to be accommodated by the proposed
off-tract improvement.
(3)
If the required improvements do not exist or if the existing
system does not have adequate capacity to accommodate reasonably anticipated
volumes, the pro-rata share shall be the larger of:
i.
The partial cost of a shared improvement where none now exists
|
Total cost of improvement\Developer's cost
|
=
|
Capacity of improvement (peak hour volume)/Development traffic
to be accommodated by the enlargement or improvement (peak hour volume)
|
, or
ii.
The total cost of an improvement designed to accommodate
only the development traffic volume if such an alternative is technically
possible, or
iii.
The partial cost of a shared improvement where
the existing improvement has insufficient capacity:
|
Total cost of enlargement or improvement\Developer's cost
|
=
|
Capacity of enlargement or improvement in excess of existing
capacity (peak hour volume)\ Development traffic to be accommodated
by the enlargement or improvement (peak hour volume)
|
(c)
Drainage Improvements. The applicant's
proportionate share of stormwater and drainage improvements including
the installation, relocation and replacement of storm drains, bridges,
culverts, catch basins, manholes, riprap, improved drainage ditches
and appurtenances thereto, and relocation or replacement of other
storm drainage facilities or appurtenances associated therewith, shall
be determined as follows:
(1)
The capacity and the design of the drainage to accommodate stormwater runoff shall be based on the standards specified in Section 30-9 of this chapter, computed by the developer's engineer and approved by the Municipal Engineer. The effect of on-site detention, if any, is not to be neglected.
(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 Municipal Engineer. The plans for the improved
system may be prepared by the developer's engineer or the Municipal
Engineer at the developer's expense and the estimated cost of the
enlarged system calculated by the Municipal Engineer.
(3)
If the required improvements do not exist or if the existing
system does not have adequate capacity to accommodate reasonably anticipated
volumes, the pro-rata share shall be the larger of:
i.
The partial cost of a shared improvement where none now exists:
|
Total cost of improvement\Developer's cost
|
=
|
Capacity of improvement or (cfs - peak)\Development-generated
Peak runoff to be accommodated by the enlargement or improvement (cfs)
|
or
ii.
The total cost of an improvement designed to accommodate
only the development flow, if such an alternative is technically possible,
or
iii.
The partial cost of a shared improvement where
the existing improvement has insufficient capacity:
|
Total cost of enlargement or improvement cost\Developer's cost
|
=
|
Capacity of improvement (cfs peak)\Development-generated peak
runoff to be accommodated by the improvement (cfs)
|
(d)
Water Supply. The applicant's proportionate share of water distribution
facilities including the installation, relocation, or replacement
of water mains, hydrants, valves, and appurtenances associated therewith
shall normally be computed in accordance with the rules of the serving
water utility. If allocation of cost is to be made under the jurisdiction
of the Borough procedures similar to those described for sanitary
sewers, roadway and drainage improvements shall be used.
[2002 Code § 16.44.040]
The cost of an improvement shall be construed to encompass all
costs including, but not limited to planning, feasibility studies,
surveys, property and easement acquisition, design and construction.
Such costs shall also include all legal, accounting, surveying, engineering,
and other professional costs. Such costs may also include the cost
of eminent domain proceedings, reasonable contingencies and costs
of financing during construction.
[2002 Code § 16.44.050]
Where the proposed off-tract improvement is to be undertaken
at a future date, the moneys required for the improvement shall be
deposited in an interest-bearing account 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 within the period from the
time of deposit as specified by law, all moneys and interest shall
be returned to the applicant.
[2002 Code § 16.48.010]
The documents to be submitted are intended to provide the Municipal
Agency with sufficient information and data to assure compliance with
all municipal codes and specifications and to ensure that the proposed
development meets the design and improvement requirements of this
chapter. The specification of documents is based on the of development
and particular stage of development application.
[2002 Code § 16.48.020; Ord. No.
2014-18; amended 4-17-2023 by Ord. No. 2023-02]
a.
The documents to be submitted are shown in the Schedule of Required
Documents and are indicated by the letter "X." In specific cases and
for documented reasons, the Borough may waive the submission of a
particular document or require the submission of additional documents.
The reasons for the waiver shall be indicated in the minutes of the
Municipal Agency.
Editor's Note: The Land Development Application Checklist is included as an attachment to this chapter.
[Ord. No. 2013-18; amended 11-13-2023 by Ord. No.
2023-16]
All development in Riparian Zones as described in N.J.A.C. 7:13
is prohibited by this chapter unless the applicant has received an
individual or general permit or has complied with the requirements
of a permit by rule or permit by certification from NJDEP Division
of Land Resource Protection prior to application for a floodplain
development permit and the project is compliant with all other Floodplain
Development provisions of the Borough Code. The width of the riparian
zone can range between 50 and 300 feet and is determined by the attributes
of the waterbody and designated in the New Jersey Surface Water Quality
Standards N.J.A.C. 7:9B. The portion of the riparian zone located
outside of a regulated water is measured landward from the top of
bank. Applicants can request a verification of the riparian zone limits
or a permit applicability determination to determine State permit
requirements under N.J.A.C. 7:13 from the NJDEP Division of Land Resource
Protection.
[Amended in entirety 4-12-2021 by Ord. No. 2021-03. Prior history includes Ord. No. 2013-18.]
[Added 4-12-2021 by Ord.
No. 2021-03]
a.
Policy Statement. Flood control, groundwater recharge, and pollutant
reduction shall be achieved through the use of stormwater management
measures, including green infrastructure Best Management Practices
(GI BMPs) and nonstructural stormwater management strategies. GI BMPs
and low impact development (LID) should be utilized to meet the goal
of maintaining natural hydrology to reduce stormwater runoff volume,
reduce erosion, encourage infiltration and groundwater recharge, and
reduce pollution. GI BMPs and LID should be developed based upon physical
site conditions and the origin, nature and the anticipated quantity,
or amount, of potential pollutants. Multiple stormwater management
BMPs may be necessary to achieve the established performance standards
for water quality, quantity, and groundwater recharge.
b.
Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in Section 30-14.2.
c.
d.
Compatibility with Other Permit and Ordinance Requirements. Development
approvals issued pursuant to this Section are to be considered an
integral part of development approvals and do not relieve the applicant
of the responsibility to secure required permits or approvals for
activities regulated by any other applicable code, rule, act, or ordinance.
In their interpretation and application, the provisions of this Section
shall be held to be the minimum requirements for the promotion of
the public health, safety, and general welfare. This Section is not
intended to interfere with, abrogate, or annul any other ordinances,
rule or regulation, statute, or other provision of law except that,
where any provision of this Section imposes restrictions different
from those imposed by any other ordinance, rule or regulation, or
other provision of law, the more restrictive provisions or higher
standards shall control.
[Added 4-12-2021 by Ord.
No. 2021-03]
For purposes of this section, the following terms, phrases,
words and derivations shall have the meanings stated herein unless
their use in the text of this Section clearly demonstrates a different
meaning. When not inconsistent with the context, words used in the
present tense include the future, words used in the plural number
include the singular number, and words used in the singular number
include the plural number. The word "shall" is always mandatory and
not merely directory. The definitions below are the same as or based
on corresponding definitions in the Stormwater Management Rules at
N.J.A.C. 7:8-1.2.
Means those areas with boundaries incorporated by reference
or revised by the Department in accordance with N.J.A.C. 7:7-13.16.
Means the map used by the Department to identify the location
of Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes.
The CAFRA Planning Map is available on the Department's Geographic
Information System (GIS).
Means an infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this Section.
Means the increase in soil bulk density.
Means the area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
Means a pedestrian-oriented area of commercial and civic
uses serving the surrounding municipality, generally including housing
and access to public transportation.
Means an agency designated by the County Commissioners to
review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
Means the Department of Environmental Protection.
Means a person professionally qualified and duly licensed
in New Jersey to perform engineering services that may include, but
not necessarily be limited to, development of project requirements,
creation and development of project design and preparation of drawings
and specifications.
Means a State Development and Redevelopment Plan Center as
designated by the State Planning Commission such as urban, regional,
town, village, or hamlet.
Means the division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlarge-enlargement of any building or structure, 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 is required under the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq. For development of agricultural land, development
means: any activity that requires a State permit, any activity reviewed
by the County Agricultural Board (CAB) and the State Agricultural
Development Committee (SADC), and municipal review of any activity
not exempted by the Right to Farm Act, N.J.S.A 4:1C-1 et seq.
Means the placement or reconstruction of impervious surface
or motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
Means a geographic area within which stormwater, sediments,
or dissolved materials drain to a particular receiving waterbody or
to a point along a receiving waterbody.
Means neighborhoods designated by the Urban Coordinating
Council "in consultation and conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A 55:19-69.
Means the following areas where the physical alteration of
the land is in some way restricted, either through regulation, easement,
deed restriction or ownership such as: wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
Means an area or feature which is of significant environmental
value, including but not limited to: stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
well head protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program.
Means the detachment and movement of soil or rock fragments
by water, wind, ice, or gravity.
Means a stormwater management measure that manages stormwater
close to its source by:
Means an area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
Means a surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
The process by which water seeps into the soil from precipitation.
Means one or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
Means an individual "development," as well as multiple developments
that individually or collectively result in:
The disturbance of one or more acres of land since February
2, 2004;
The creation of one-quarter acre or more of "regulated impervious
surface" since February 2, 2004;
The creation of one-quarter acre or more of "regulated motor
vehicle surface" since March 2, 2021; or
A combination of 2 and 3 above that totals an area of one-quarter
acre or more. The same surface shall not be counted twice when determining
if the combination area equals one-quarter acre or more.
|
Major development includes all developments that are part of
a common plan of development or sale (for example, phased residential
development) that collectively or individually meet any one or more
of paragraphs 1, 2, 3, or 4 above. Projects undertaken by any government
agency that otherwise meet the definition of "major development" but
which do not require approval under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq., are also considered "major development."
|
Means land vehicles propelled other than by muscular power,
such as automobiles, motorcycles, autocycles, and low speed vehicles.
For the purposes of this definition, motor vehicle does not include
farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
Means any pervious or impervious surface that is intended
to be used by "motor vehicles" and/or aircraft, and is directly exposed
to precipitation including, but not limited to, driveways, parking
areas, parking garages, roads, racetracks, and runways.
Means any city, borough, town, township, or village.
Means the manual maintained by the Department providing,
in part, design specifications, removal rates, calculation methods,
and soil testing procedures approved by the Department as being capable
of contributing to the achievement of the stormwater management standards
specified in this Section. The BMP Manual is periodically amended
by the Department as necessary to provide design specifications on
additional best management practices and new information on already
included practices reflecting the best available current information
regarding the particular practice and the Department's determination
as to the ability of that best management practice to contribute to
compliance with the standards contained in this Section. Alternative
stormwater management measures, removal rates, or calculation methods
may be utilized, subject to any limitations specified in this Section,
provided the design engineer demonstrates to the municipality, in
accordance with Section IV.F. of this Section and N.J.A.C. 7:8-5.2(g),
that the proposed measure and its design will contribute to achievement
of the design and performance standards established by this Section.
Means an area designated by the State Planning Commission
concentrating facilities and activities which are not organized in
a compact form.
Means a chemical element or compound, such as nitrogen or
phosphorus, which is essential to and promotes the development of
organisms.
Means any individual, corporation, company, partnership,
firm, association, political subdivision of this State and any state,
interstate or Federal agency.
Means any dredged spoil, solid waste, incinerator residue,
filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge,
munitions, chemical wastes, biological materials, medical wastes,
radioactive substance (except those regulated under the Atomic Energy
Act of 1954, as amended (42 U.S.C. §§ 2011 et seq.)),
thermal waste, wrecked or discarded equipment, rock, sand, cellar
dirt, industrial, municipal, agricultural, and construction waste
or runoff, or other residue discharged directly or indirectly to the
land, ground waters or surface waters of the State, or to a domestic
treatment works. "Pollutant" includes both hazardous and nonhazardous
pollutants.
Means the amount of water from precipitation that infiltrates
into the ground and is not evapotranspired.
Means any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Means any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
A net increase in motor vehicle surface; and/or quality treatment
either by vegetation or soil, by an existing stormwater management
measure, or by treatment at a wastewater treatment plant, where the
water quality treatment will be modified or removed.
Means solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
Means the lot or lots upon which a major development is to
occur or has occurred.
Means all unconsolidated mineral and organic material of
any origin.
Means an area delineated on the State Plan Policy Map and
adopted by the State Planning Commission that is intended to be the
focus for much of the State's future redevelopment and revitalization
efforts.
The geographic application of the State Development and Redevelopment
Plan's goals and statewide policies, and the official map of these
goals and policies.
Means water resulting from precipitation (including rain
and snow) that runs off the land's surface, is transmitted to the
subsurface, or is captured by separate storm sewers or other sewage
or drainage facilities, or conveyed by snow removal equipment.
Means an excavation or embankment and related areas designed
to retain stormwater runoff. A stormwater management BMP may either
be normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Means any practice, technology, process, program, or other
method intended to control or reduce stormwater runoff and associated
pollutants, or to induce or control the infiltration or groundwater
recharge of stormwater or to eliminate illicit or illegal nonstormwater
discharges into stormwater conveyances.
Means a public body authorized by legislation to prepare
stormwater management plans.
Means the geographic area for which a stormwater management
planning agency is authorized to prepare stormwater management plans,
or a specific portion of that area identified in a stormwater management
plan prepared by that agency.
Means water flow on the surface of the ground or in storm
sewers, resulting from precipitation.
Means a flood hazard area in which the flood elevation resulting
from the two-, ten-, or 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
Means a neighborhood given priority access to State resources
through the New Jersey Redevelopment Authority.
Means a zone designated by the New Jersey Enterprise Zone
Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A.
52:27H-60 et. seq.
Previously developed portions of areas:
Means a structure within, or adjacent to, a water, which
intentionally or coincidentally alters the hydraulic capacity, the
flood elevation resulting from the two-, ten-, or 100-year storm,
flood hazard area limit, and/or floodway limit of the water. Examples
of a water control structure may include a bridge, culvert, dam, embankment,
ford (if above grade), retaining wall, and weir.
Means the ocean and its estuaries, all springs, streams,
wetlands, and bodies of surface or groundwater, whether natural or
artificial, within the boundaries of the State of New Jersey or subject
to its jurisdiction.
Means an area that is inundated or saturated by surface water
or ground water at a frequency and duration sufficient to support,
and that under normal circumstances does support, a prevalence of
vegetation typically adapted for life in saturated soil conditions,
commonly known as hydrophytic vegetation.
[Added 4-12-2021 by Ord.
No. 2021-03]
a.
Stormwater management measures for major development shall be designed
to provide erosion control, groundwater recharge, stormwater runoff
quantity control, and stormwater runoff quality treatment as follows:
1.
The minimum standards for erosion control are those established under
the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing
rules at N.J.A.C. 2:90.
2.
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
b.
The standards in this Section apply only to new major development
and are intended to minimize the impact of stormwater runoff on water
quality and water quantity in receiving water bodies and maintain
groundwater recharge. The standards do not apply to new major development
to the extent that alternative design and performance standards are
applicable under a regional stormwater management plan or Water Quality
Management Plan adopted in accordance with Department rules.
[Added 4-12-2021 by Ord.
No. 2021-03]
a.
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Section 30-14.10.
b.
Stormwater management measures shall avoid adverse impacts of concentrated
flow on habitat for threatened and endangered species as documented
in the Department's Landscape Project or Natural Heritage Database
established under N.J.S.A. 13:1B-15.147 through 15.150, particularly
Helonias bullata (swamp pink) and/or Clemmys muhlenbergii (bog turtle).
c.
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Section 30-14.4p, q and r:
1.
The construction of an underground utility line provided that the
disturbed areas are revegetated upon completion;
2.
The construction of an aboveground utility line provided that the
existing conditions are maintained to the maximum extent practicable;
and
3.
The construction of a public pedestrian access, such as a sidewalk
or trail with a maximum width of 14 feet, provided that the access
is made of permeable material.
d.
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Section 30-14.4o, p, q and r may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
1.
The applicant demonstrates that there is a public need for the project
that cannot be accomplished by any other means;
4.
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Section 30-14.4d3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Section 30-14.4o, p, q and r that were not achievable onsite.
e.
Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Section 30-14.4o, p, q and r. When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2 (f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.
f.
Where the BMP tables in the NJ Stormwater Management Rule are different
due to updates or amendments with the tables in this Section the BMP
Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f) shall
take precedence.
|
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Cistern
|
0
|
Yes
|
No
|
—
|
|
Dry well(a)
|
0
|
No
|
Yes
|
2
|
|
Grass swale
|
50 or less
|
No
|
No
|
2(e)
1(f)
|
|
Green roof
|
0
|
Yes
|
No
|
—
|
|
Manufactured treatment device(a)(g)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Pervious paving system(a)
|
80
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale bioretention basin(a)
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale infiltration basin(a)
|
80
|
Yes
|
Yes
|
2
|
|
Small-scale sand filter
|
80
|
Yes
|
Yes
|
2
|
|
Vegetative filter strip
|
60-80
|
No
|
No
|
—
|
|
(Notes corresponding to annotations (a) through (g) are found
after Table 3.)
|
|
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality
with a Waiver or Variance from N.J.A.C. 7:8-5.3)
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Best Management Practice
|
Best Management Practice
|
Best Management Practice
|
Best Management Practice
|
|
Bioretention system
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Infiltration basin
|
80
|
Yes
|
Yes
|
2
|
|
Sand filter(b)
|
80
|
Yes
|
Yes
|
2
|
|
Standard constructed wetland
|
90
|
Yes
|
No
|
N/A
|
|
Wet pond(d)
|
50-90
|
Yes
|
No
|
N/A
|
|
(Notes corresponding to annotations (b) through (d) are found
after Table 3.)
|
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity only with a Waiver or Variance from N.J.A.C.
7:8-5.3
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Blue roof
|
0
|
Yes
|
No
|
N/A
|
|
Extended detention basin
|
40-60
|
Yes
|
No
|
1
|
|
Manufactured treatment device(h)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Sand filter(c)
|
80
|
Yes
|
No
|
1
|
|
Subsurface gravel wetland
|
90
|
No
|
No
|
1
|
|
Wet pond
|
50-90
|
Yes
|
No
|
N/A
|
|
Notes to Tables 1, 2, and 3:
| |
|---|---|
|
(a)
|
Subject to the applicable contributory drainage area limitation specified at Section 30-14.4o2;
|
|
(b)
|
Designed to infiltrate into the subsoil;
|
|
(c)
|
Designed with underdrains;
|
|
(d)
|
Designed to maintain at least a ten-foot wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation;
|
|
(e)
|
Designed with a slope of less than 2%;
|
|
(f)
|
Designed with a slope of equal to or greater than 2%;
|
|
(g)
|
Manufactured treatment devices that meet the definition of green infrastructure at Section 30-14.2;
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of green infrastructure at Section 30-14.2.
|
g.
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with Section 30-14.6b. Alternative stormwater management measures may be used to satisfy the requirements at Section 30-14.4o only if the measures meet the definition of green infrastructure at Section 30-14.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at Section 30-14.4o2 are subject to the contributory drainage area limitation specified at Section 30-14.4o2 for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Section 30-14.4o2 shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Section 30-14.4d is granted from Section § 30-14.4o.
h.
Whenever the stormwater management design includes one or more BMPs
that will infiltrate stormwater into subsoil, the design engineer
shall assess the hydraulic impact on the groundwater table and design
the site, so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high water table, so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
i.
Design standards for stormwater management measures are as follows:
1.
Stormwater management measures shall be designed to take into account
the existing site conditions, including, but not limited to, environmentally
critical areas; wetlands; flood-prone areas; slopes; depth to seasonal
high water table; soil type, permeability, and texture; drainage area
and drainage patterns; and the presence of solution-prone carbonate
rocks (limestone);
2.
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of § 30-14.8c;
3.
Stormwater management measures shall be designed, constructed, and
installed to be strong, durable, and corrosion resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall
be deemed to meet this requirement;
4.
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Section 30-14.8; and
5.
The size of the orifice at the intake to the outlet from the stormwater
management BMP shall be a minimum of 2 1/2 inches in diameter.
j.
Manufactured treatment devices may be used to meet the requirements of this subchapter, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of green infrastructure at Section II may be used only under the circumstances described at Section 30-14.4o4.
k.
Any application for a new agricultural development that meets the definition of major development at Section 30-14.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Section 30-14.4o, p, q and r and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
l.
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Section 30-14.4p, q and r shall be met in each drainage area, unless the runoff from the drainage areas converge onsite and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
m.
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Monmouth County Clerk's Office. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Section Section 30-14.4o, p, q and r and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US feet or latitude and longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to Section 30-14.10b5. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the Borough.
n.
A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to Section 30-14.4 of this section and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Monmouth County Clerk's Office and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with paragraph M above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with paragraph M above.
o.
Green Infrastructure Standards.
1.
This subsection specifies the types of green infrastructure BMPs
that may be used to satisfy the groundwater recharge, stormwater runoff
quality, and stormwater runoff quantity standards.
2.
To satisfy the groundwater recharge and stormwater runoff quality standards at Section 30-14.4p and q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Section 30-14.4f and/or an alternative stormwater management measure approved in accordance with Section 30-14.4g. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
|
Best Management Practice
|
Maximum Contributory Drainage Area
|
|---|---|
|
Dry well
|
1 acre
|
|
Manufactured treatment device
|
2.5 acres
|
|
Pervious pavement systems
|
Area of additional inflow cannot exceed three times the area
occupied by the BMP
|
|
Small-scale bioretention systems
|
2.5 acres
|
|
Small-scale infiltration basin
|
2.5 acres
|
|
Small-scale sand filter
|
2.5 acres
|
4.
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Section 30-14.4d is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with Section 30-14.4g may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Section 30-14.4p, q and r.
5.
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at Section 30-14.4p, q and r, unless the project is granted a waiver from strict compliance in accordance with Section 30-14.4d.
p.
Groundwater Recharge Standards.
1.
This subsection contains the minimum design and performance standards
for groundwater recharge as follows.
2.
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Section 30-14.5, either:
(a)
Demonstrate through hydrologic and hydraulic analysis that the
site and its stormwater management measures maintain 100% of the average
annual pre-construction groundwater recharge volume for the site;
or
(b)
Demonstrate through hydrologic and hydraulic analysis that the
increase of stormwater runoff volume from pre-construction to post-construction
for the two-year storm is infiltrated.
3.
This groundwater recharge requirement does not apply to projects
within the "urban redevelopment area," or to projects subject to paragraph
4 below.
4.
The following types of stormwater shall not be recharged:
(a)
Stormwater from areas of high pollutant loading. High pollutant
loading areas are areas in industrial and commercial developments
where solvents and/or petroleum products are loaded/unloaded, stored,
or applied, areas where pesticides are loaded/unloaded or stored;
areas where hazardous materials are expected to be present in greater
than "reportable quantities" as defined by the United States Environmental
Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would
be inconsistent with Department approved remedial action work plan
or landfill closure plan and areas with high risks for spills of toxic
materials, such as gas stations and vehicle maintenance facilities;
and
(b)
Industrial stormwater exposed to "source material." "Source
material" means any material(s) or machinery, located at an industrial
facility, that is directly or indirectly related to process, manufacturing
or other industrial activities, which could be a source of pollutants
in any industrial stormwater discharge to groundwater. Source materials
include, but are not limited to, raw materials; intermediate products;
final products; waste materials; by-products; industrial machinery
and fuels, and lubricants, solvents, and detergents that are related
to process, manufacturing, or other industrial activities that are
exposed to stormwater.
q.
Stormwater Runoff Quality Standards.
1.
This subsection contains the minimum design and performance standards
to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the major
development results in an increase of 1/4 acre or more of regulated
motor vehicle surface.
2.
Stormwater management measures shall be designed to reduce the post-construction
load of total suspended solids (TSS) in stormwater runoff generated
from the water quality design storm as follows:
(a)
Eighty percent TSS removal of the anticipated load, expressed
as an annual average shall be achieved for the stormwater runoff from
the net increase of motor vehicle surface.
(b)
If the surface is considered regulated motor vehicle surface
because the water quality treatment for an area of motor vehicle surface
that is currently receiving water quality treatment either by vegetation
or soil, by an existing stormwater management measure, or by treatment
at a wastewater treatment plant is to be modified or removed, the
project shall maintain or increase the existing TSS removal of the
anticipated load expressed as an annual average.
3.
The requirement to reduce TSS does not apply to any stormwater runoff
in a discharge regulated under a numeric effluent limitation for TSS
imposed under the New Jersey Pollutant Discharge Elimination System
(NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt
under a NJPDES permit from this requirement. Every major development,
including any that discharge into a combined sewer system, shall comply
with paragraph 2 above, unless the major development is itself subject
to a NJPDES permit with a numeric effluent limitation for TSS or the
NJPDES permit to which the major development is subject exempts the
development from a numeric effluent limitation for TSS.
4.
The water quality design storm is 1.25 inches of rainfall in two
hours. Water quality calculations shall take into account the distribution
of rain from the water quality design storm, as reflected in Table
4, below. The calculation of the volume of runoff may take into account
the implementation of stormwater management measures.
|
Table 4 - Water Quality Design Storm Distribution
| |||||
|---|---|---|---|---|---|
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
|
10
|
0.01660
|
50
|
0.2583
|
90
|
1.1500
|
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.1550
|
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.1600
|
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.1650
|
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.1700
|
|
15
|
0.02500
|
55
|
0.3583
|
95
|
1.1750
|
|
16
|
0.03000
|
56
|
0.4116
|
96
|
1.1800
|
|
17
|
0.03500
|
57
|
0.4650
|
97
|
1.1850
|
|
18
|
0.04000
|
58
|
0.5183
|
98
|
1.1900
|
|
19
|
0.04500
|
59
|
0.5717
|
99
|
1.1950
|
|
20
|
0.05000
|
60
|
0.6250
|
100
|
1.2000
|
|
21
|
0.05500
|
61
|
0.6783
|
101
|
1.2050
|
|
22
|
0.06000
|
62
|
0.7317
|
102
|
1.2100
|
|
23
|
0.06500
|
63
|
0.7850
|
103
|
1.2150
|
|
24
|
0.07000
|
64
|
0.8384
|
104
|
1.2200
|
|
25
|
0.07500
|
65
|
0.8917
|
105
|
1.2250
|
|
26
|
0.08000
|
66
|
0.9117
|
106
|
1.2267
|
|
27
|
0.08500
|
67
|
0.9317
|
107
|
1.2284
|
|
28
|
0.09000
|
68
|
0.9517
|
108
|
1.2300
|
|
29
|
0.09500
|
69
|
0.9717
|
109
|
1.2317
|
|
30
|
0.10000
|
70
|
0.9917
|
110
|
1.2334
|
|
31
|
0.10660
|
71
|
1.0034
|
111
|
1.2351
|
|
32
|
0.11320
|
72
|
1.0150
|
112
|
1.2367
|
|
33
|
0.11980
|
73
|
1.0267
|
113
|
1.2384
|
|
34
|
0.12640
|
74
|
1.0383
|
114
|
1.2400
|
|
35
|
0.13300
|
75
|
1.0500
|
115
|
1.2417
|
|
36
|
0.13960
|
76
|
1.0568
|
116
|
1.2434
|
|
37
|
0.14620
|
77
|
1.0636
|
117
|
1.2450
|
|
38
|
0.15280
|
78
|
1.0704
|
118
|
1.2467
|
|
39
|
0.15940
|
79
|
1.0772
|
119
|
1.2483
|
|
40
|
0.16600
|
80
|
1.0840
|
120
|
1.2500
|
5.
If more than one BMP in series is necessary to achieve the required
80% TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
|
R = A + B - (A x B)/100
|
|
Where:
| ||
|
R
|
=
|
total TSS percent load removal from application of both BMPs.
|
|
A
|
=
|
the TSS percent removal rate applicable to the first BMP.
|
|
B
|
=
|
the TSS percent removal rate applicable to the second BMP.
|
6.
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in Section 30-14.4p, q and r.
7.
In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4, stormwater
management measures shall be designed to prevent any increase in stormwater
runoff to waters classified as FW1.
8.
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1
establish 300-foot riparian zones along Category One waters, as designated
in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category One waters. A person shall not undertake
a major development that is located within or discharges into a 300-foot
riparian zone without prior authorization from the Department under
N.J.A.C. 7:13.
9.
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3.i,
runoff from the water quality design storm that is discharged within
a 300-foot riparian zone shall be treated in accordance with this
subsection to reduce the post-construction load of total suspended
solids by 95% of the anticipated load from the developed site, expressed
as an annual average.
10.
This stormwater runoff quality standards do not apply to the construction
of one individual single-family dwelling, provided that it is not
part of a larger development or subdivision that has received preliminary
or final site plan approval prior to December 3, 2018, and that the
motor vehicle surfaces are made of permeable material(s) such as gravel,
dirt, and/or shells.
r.
Stormwater Runoff Quantity Standards.
1.
This subsection contains the minimum design and performance standards
to control stormwater runoff quantity impacts of major development.
2.
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Section 30-14.5, complete one of the following:
(a)
Demonstrate through hydrologic and hydraulic analysis that for
stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the pre-construction runoff hydrographs for the same
storm events;
(b)
Demonstrate through hydrologic and hydraulic analysis that there
is no increase, as compared to the pre-construction condition, in
the peak runoff rates of stormwater leaving the site for the two-,
ten- and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
(c)
Design stormwater management measures so that the post-construction
peak runoff rates for the two-, ten- and 100-year storm events are
50%, 75% and 80%, respectively, of the pre-construction peak runoff
rates. The percentages apply only to the post-construction stormwater
runoff that is attributable to the portion of the site on which the
proposed development or project is to be constructed; or
3.
The stormwater runoff quantity standards shall be applied at the
site's boundary to each abutting lot, roadway, watercourse, or receiving
storm sewer system.
[Added 4-12-2021 by Ord.
No. 2021-03]
a.
Stormwater runoff shall be calculated in accordance with the following:
1.
The design engineer shall calculate runoff using one of the following
methods:
(a)
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at: https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or
(b)
The Rational Method for peak flow and the Modified Rational
Method for hydrograph computations. The rational and modified rational
methods are described in "Appendix A-9 Modified Rational Method" in
the Standards for Soil Erosion and Sediment Control in New Jersey,
January 2014. This document is available from the State Soil Conservation
Committee or any of the Soil Conservation Districts listed at N.J.A.C.
2:90-1.3(a)3. The location, address, and telephone number for each
Soil Conservation District is available from the State Soil Conservation
Committee, PO Box 330, Trenton, New Jersey 08625. The document is
also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStanda
rdsComplete.pdf.
2.
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the pre-construction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology above at Section 30-14.5a1(a) and the Rational and Modified Rational Methods at Section 30-14.5a1(b). A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover have existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
3.
In computing pre-construction stormwater runoff, the design engineer
shall account for all significant land features and structures, such
as ponds, wetlands, depressions, hedgerows, or culverts, that may
reduce pre-construction stormwater runoff rates and volumes.
4.
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 -
Urban Hydrology for Small Watersheds or other methods may be employed.
5.
If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tailwater in the design of structural stormwater management
measures.
b.
Groundwater recharge may be calculated in accordance with the following:
The New Jersey Geological Survey Report GSR-32, A Method for Evaluating
Groundwater-Recharge Areas in New Jersey, incorporated herein by reference
as amended and supplemented. Information regarding the methodology
is available from the New Jersey Stormwater Best Management Practices
Manual; at the New Jersey Geological Survey website at: https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf
or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO
Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
[Added 4-12-2021 by Ord.
No. 2021-03]
a.
Technical guidance for stormwater management measures can be found
in the documents listed below, which are available to download from
the Department's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
1.
Guidelines for stormwater management measures are contained in the
New Jersey Stormwater Best Management Practices Manual, as amended
and supplemented. Information is provided on stormwater management
measures such as, but not limited to, those listed in Tables 1, 2,
and 3.
2.
Additional maintenance guidance is available on the Department's
website at: https://www.njstormwater.org/maintenance_guidance.htm.
b.
Submissions required for review by the Department should be mailed
to: The Division of Water Quality, New Jersey Department of Environmental
Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.
[Added 4-12-2021 by Ord.
No. 2021-03]
a.
Site design features identified under Section 30-14.4f above, or alternative designs in accordance with Section 30-14.4g above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Section 30-14.7a2 below.
1.
Design engineers shall use one of the following grates whenever they
use a grate in pavement or another ground surface to collect stormwater
from that surface into a storm drain or surface water body under that
grate:
(a)
The New Jersey Department of Transportation (NJDOT) bicycle
safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle
Compatible Roadways and Bikeways Planning and Design Guidelines; or
(b)
A different grate, if each individual clear space in that grate
has an area of no more than seven square inches, or is no greater
than 0.5 inches across the smallest dimension. Examples of grates
subject to this standard include grates in grate inlets, the grate
portion (non-curb-opening portion) of combination inlets, grates on
storm sewer manholes, ditch grates, trench grates, and grates of spacer
bars in slotted drains. Examples of ground surfaces include surfaces
of roads (including bridges), driveways, parking areas, bikeways,
plazas, sidewalks, lawns, fields, open channels, and stormwater system
floors used to collect stormwater from the surface into a storm drain
or surface water body.
(c)
For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces, shall have
an area of no more than seven square inches, or be no greater than
two inches across the smallest dimension.
2.
The standard in paragraph a1 above does not apply:
(a)
Where each individual clear space in the curb opening in existing
curb-opening inlet does not have an area of more than nine square
inches;
(b)
Where the municipality agrees that the standards would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets;
(c)
Where flows from the water quality design storm as specified
in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe
netting facility, manufactured treatment device, or a catch basin
hood) that is designed, at a minimum, to prevent delivery of all solid
and floatable materials that could not pass through one of the following:
(1)
A rectangular space 4.625 inches long and 1.5 inches wide (this
option does not apply for outfall netting facilities); or
(2)
A bar screen having a bar spacing of 0.5 inch.
(3)
These exemptions do not authorize any infringement of requirements
in the Residential Site Improvement Standards for bicycle safe grates
in new residential development [N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1].
(d)
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars, to the elevation of the
Water Quality Design Storm as specified in N.J.A.C. 7:8; or
(e)
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register listed historic property.
b.
Any land area used as a nonstructural stormwater management measure to meet the performance standards in subsections 30-14.3a and § 30-14.4o, p and q shall be dedicated to a government agency, subjected to a conservation restriction filed with the appropriate County Clerk's office, or subject to an approved equivalent restriction that ensures that measure or an equivalent stormwater management measure approved by the reviewing agency is maintained in perpetuity.
[Added 4-12-2021 by Ord.
No. 2021-03]
a.
This section sets forth requirements to protect public safety through
the proper design and operation of stormwater management BMPs. This
section applies to any new stormwater management BMP.
b.
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in subsections 30-14.8c1, c2 and c3 for trash racks, overflow grates, and escape provisions at outlet structures.
c.
Requirements for Trash Racks, Overflow Grates and Escape Provisions.
1.
A trash rack is a device designed to catch trash and debris and prevent
the clogging of outlet structures. Trash racks shall be installed
at the intake to the outlet from the Stormwater management BMP to
ensure proper functioning of the BMP outlets in accordance with the
following:
(a)
The trash rack shall have parallel bars, with no greater than
six-inch spacing between the bars;
(b)
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure;
(c)
The average velocity of flow through a clean trash rack is not
to exceed 2.5 feet per second under the full range of stage and discharge.
Velocity is to be computed on the basis of the net area of opening
through the rack; and
(d)
The trash rack shall be constructed of rigid, durable, and corrosion
resistant material and designed to withstand a perpendicular live
loading of 300 pounds per square foot.
2.
An overflow grate is designed to prevent obstruction of the overflow
structure. If an outlet structure has an overflow grate, such grate
shall meet the following requirements:
(a)
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance.
(b)
The overflow grate spacing shall be no less than two inches
across the smallest dimension.
(c)
The overflow grate shall be constructed and installed to be
rigid, durable, and corrosion resistant, and shall be designed to
withstand a perpendicular live loading of 300 pounds per square foot.
3.
Stormwater management BMPs shall include escape provisions as follows:
(a)
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to subsection 30-14.8c, a free-standing outlet structure may be exempted from this requirement.
(b)
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See subsection 30-14.8e for an illustration of safety ledges in a stormwater management BMP; and
(c)
In new stormwater management BMPs, the maximum interior slope
for an earthen dam, embankment, or berm shall not be steeper than
three horizontal to one vertical.
d.
Variance or Exemption from Safety Standard. A variance or exemption
from the safety standards for stormwater management BMPs may be granted
only upon a written finding by the municipality that the variance
or exemption will not constitute a threat to public safety.
e.
Safety Ledge Illustration.
|
Elevation View - Basin Safety Ledge Configuration
 |
[Added 4-12-2021 by Ord.
No. 2021-03]
a.
Submission of Site Development Stormwater Plan.
1.
Whenever an applicant seeks municipal approval of a development subject to this Section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at subsection 30-14.9c below as part of the submission of the application for approval.
2.
The applicant shall demonstrate that the project meets the standards
set forth in this section.
b.
Site Development Stormwater Plan Approval. The applicant's Site Development
project shall be reviewed as a part of the review process by the municipal
board or official from which municipal approval is sought. That municipal
board or official shall consult the municipality's review engineer
to determine if all of the checklist requirements have been satisfied
and determine if the project meets the standards set forth herein.
c.
Submission of Site Development Stormwater Plan. The following information
shall be required:
1.
Topographic Base Map. The reviewing engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of one inch equlas 200 feet or greater, showing two-foot
contour intervals. The map as appropriate may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and flood plains
along with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
manmade features not otherwise shown.
2.
Environmental Site Analysis. A written and graphic description of
the natural and man-made features of the site and its surroundings
should be submitted. This description should include a discussion
of soil conditions, slopes, wetlands, waterways and vegetation on
the site. Particular attention should be given to unique, unusual,
or environmentally sensitive features and to those that provide particular
opportunities or constraints for development.
3.
Project Description and Site Plans. A map (or maps) at the scale
of the topographical base map indicating the location of existing
and proposed buildings roads, parking areas, utilities, structural
facilities for stormwater management and sediment control, and other
permanent structures. The map(s) shall also clearly show areas where
alterations will occur in the natural terrain and cover, including
lawns and other landscaping, and seasonal high groundwater elevations.
A written description of the site plan and justification for proposed
changes in natural conditions shall also be provided.
4.
Land Use Planning and Source Control Plan. This plan shall provide a demonstration of how the goals and standards of Sections 30-14.3 through 30-14.5 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
5.
Stormwater Management Facilities Map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
(a)
Total area to be disturbed, paved or built upon, proposed surface
contours, land area to be occupied by the stormwater management facilities
and the type of vegetation thereon, and details of the proposed plan
to control and dispose of stormwater.
(b)
Details of all stormwater management facility designs, during
and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention and emergency
spillway provisions with maximum discharge capacity of each spillway.
6.
Calculations.
(a)
Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in Section 30-14.4.
(b)
When the proposed stormwater management control measures depend
on the hydrologic properties of soils or require certain separation
from the seasonal high water table, then a soils report shall be submitted.
The soils report shall be based on onsite boring logs or soil pit
profiles. The number and location of required soil borings or soil
pits shall be determined based on what is needed to determine the
suitability and distribution of soils present at the location of the
control measure.
7.
Maintenance and Repair Plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Section 30-14.10.
8.
Waiver from Submission Requirements. The municipal official or board reviewing an application under this Section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in subsections 30-14.9c1 through 30-14.9c6 when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
[Added 4-12-2021 by Ord.
No. 2021-03]
b.
General Maintenance.
1.
The design engineer shall prepare a maintenance plan for the stormwater
management measures incorporated into the design of a major development.
2.
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.
3.
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners' association)
as having the responsibility for maintenance, the plan shall include
documentation of such person's or entity's agreement to assume this
responsibility, or of the owner's obligation to dedicate a stormwater
management facility to such person under an applicable ordinance or
regulation.
4.
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases
the entire residential development or project. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
of the maintenance required.
5.
If the party responsible for maintenance identified under subsection 30-14.10b3 above is not a public agency, the maintenance plan and any future revisions based on subsection 30-10b7 below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
6.
Preventative and corrective maintenance shall be performed to maintain
the functional parameters (storage volume, infiltration rates, inflow/outflow
capacity, etc.). of the stormwater management measure, including,
but not limited to, repairs or replacement to the structure; removal
of sediment, debris, or trash; restoration of eroded areas; snow and
ice removal; fence repair or replacement; restoration of vegetation;
and repair or replacement of non-vegetated linings.
7.
The party responsible for maintenance identified under subsection 30-14.10b3 above shall perform all of the following requirements:
(a)
Maintain a detailed log of all preventative and corrective maintenance
for the structural stormwater management measures incorporated into
the design of the development, including a record of all inspections
and copies of all maintenance-related work orders;
(b)
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed; and
(c)
Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by subsections 30-14.10b6 and b7 above.
8.
The requirements of subsections 30-14.10b3 and b4 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.
9.
In the event that the stormwater management facility becomes a danger
to public safety or public health, or if it is in need of maintenance
or repair, the municipality shall so notify the responsible person
in writing. Upon receipt of that notice, the responsible person shall
have 14 days to effect maintenance and repair of the facility in a
manner that is approved by the municipal engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or County may immediately proceed to do so and shall
bill the cost thereof to the responsible person. Nonpayment of such
bill may result in a lien on the property.
10.
Responsibility for operation and maintenance of stormwater management
facilities, including periodic removal and disposal of accumulated
particulate material and debris, shall remain with owner or owners'
property within permanent arrangements that it shall pass to any successive
owner, unless assumed by a government agency. If portions, of the
land are to be sold, legally binding arrangements shall be made to
pass the basic responsibility to successors in title. These arrangements
shall be designate for each project the property owner, governmental
agency or other legally established entity to be permanently responsible
for maintenance, hereinafter in this section referred to as the responsible
person.
11.
The owner of a private stormwater facility is required to inspect
the facility after each major storm event and perform any maintenance
and/or repairs that may be required in addition to routine mowing
and removal and disposal of accumulated debris from the facility.
"Major storm event" shall mean the occurrence of rainfall within the
Borough of more than 1.50 inches of precipitation within any one-hour
period or the occurrence of a two-year storm within the Borough as
defined by the National Oceanic and Atmospheric Administration, whichever
is lesser. The Borough shall inspect the facility once per year and
maintain a log to demonstrate compliance with maintenance requirements
and any actions taken by the Borough to enforce compliance. If inspection
reveals that maintenance has not been maintained by the owner of the
stormwater facility, then the Borough Official will issue an order
to correct the deficiency within 30 days. If the deficiency is not
corrected within 30 days, the Borough will correct the deficiency
and recover the cost under the Property Maintenance Section of the
Borough Code. The Borough, in its discretion, may extend the time
allowed for effecting maintenance and repair for good cause as approved
by the Borough Engineer or his/her designee.
12.
The applicant shall enter into any agreement with the Borough
(or County) to ensure the continued operation and maintenance of the
facility. This agreement shall be in a form satisfactory to the Borough
Attorney, and may include, but may not necessarily be limited to,
personal guarantees, deed restrictions, covenants, and bonds, in case
where property subdivided and sold separately, a homeowners association
or similar permanent entity governmental agency to assume responsibility.
(a)
An applicant seeking approval for construction of a stormwater
management facility shall provide the funds necessary to permanently
maintain the facility. The amount necessary to permanently maintain
the facility shall be calculated by the Planning Board Engineer based
upon current estimates for maintenance with an annual increase of
4%. The Planning Board Engineer shall also assume that the investment
will yield a return equal to the ninety-day certificate of deposit
interest rate paid by the Borough's official depository bank on the
date the calculation is made.
(b)
The form of security for the maintenance of the facility shall
be approved by the Borough's Chief Finance Officer.
13.
Dedication of Facilities. Where required, the stormwater management
facilities shall be dedicated to the Borough of Fair Haven as a drainage
easement or right-of-way. Detention or retention facility dedication
shall be 15 feet from the top of bank of facilities constructed in
fill, inlet and outlet piping and maintenance access shall be contained
within thirty-foot-side, minimum, drainage utility easements. No relocation,
construction or reconstruction shall take place within the area of
the easement, nor shall any structures be located within such area,
nor shall any action be taken which may alter or impair the effectiveness
of present or future drainage facilities without prior approval from
the Borough Council.
14.
Surface Water Runoff Control Plan Standards for Residential
Lots.
(a)
All blocks and lots in all subdivisions shall be graded to secure
proper drainage away from building and to prevent the collection of
pools of stormwater. Finished floor elevation and exterior grading
shall be shown on all lots.
(b)
At the time of application to the Borough Construction Code
Official for a building permit for any building within an individual
lot or part of an approved subdivision or site plan, the applicant
shall submit a Surface Water Runoff Control Plan to the Borough Engineer
for review and approval.
c.
At a minimum, the following items are required as part of the Surface
Water Runoff Control Plan:
1.
An outbound survey, inclusive of all easements, of the property on
which the structure is proposed, as prepared by a New Jersey licensed
land surveyor, indicating the name and the development and/or applicant,
Tax Map, lot, block and street address. The scale of the survey shall
be no smaller than one inch equals 30 feet.
2.
Footprint of the proposed dwelling unit.
3.
The basement elevation, garage elevation, and finished floor elevation
of the proposed building upon USGS MSL data. Spot grades should be
provided at all corners of the building footprint and garage apron.
4.
Data showing that the lowest finished floor of the structure, including
the basement, is at least one foot above the delineated 100-year flood
elevation of any watercourse on or near the property, or one foot
above the seasonal high water table, as determined by test pit, soil
boring, or investigative work done in conjunction with a disconnected
on-site individual sewage disposal system.
5.
Provision of sufficient, existing and proposed contour lines and
spot elevations to show the direction of surface water runoff, yard
slopes greater than 2% or less than one vertical to three horizontal,
elimination of any standing water conditions and grading which will
not adversely impact adjoining properties.
6.
The location of proposed potable water and sanitary sewer services
or potable water supply water well, and a disconnected on-site individual
sewage disposal system. The applicant shall show the location of any
proposed sump pump pit and the point of discharge on the property.
7.
Driveway location.
d.
Any or all the above standards may be waived by the Borough Engineer,
as site conditions may require. An acceptable Surface Water Runoff
Control Plan report must be issued by the Borough Engineer prior to
the issuance of a building permit by the Borough Construction Code
Official.
e.
Nothing in this subsection shall preclude the Borough from requiring
the posting of a performance or maintenance guarantee in accordance
with N.J.S.A. 40:55D-53.
[Added 4-12-2021 by Ord.
No. 2021-03]
[Added 9-28-2020 by Ord.
No. 2020-06]
a.
Purpose. This section is intended 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 or more produces affordable housing
at a set-aside rate of 20%. This section shall apply except where
inconsistent with applicable law.
b.
Affordable Housing Mandatory Set-Aside Requirement.
1.
If the Borough or the Borough Planning Board/Zoning 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/Zoning Board
shall require that an appropriate percentage of the residential units
be set aside for low- and moderate-income households. 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 Zoning Board. For any such development for which
the Borough's land use ordinances already permitted residential development
as of the effective the ordinance creating this section was adopted,
this requirement shall only apply if the Borough or the Borough's
Planning Board or Zoning Board permits an increase in approvable and
developable gross residential density to at least twice the permitted
approvable and developable gross residential density as of the effective
date the ordinance created this section was adopted. Nothing in this
subsection precludes the Borough or the Borough's Planning Board or
Zoning 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. For all inclusionary
projects, the appropriate set-aside percentage will be 20%. This requirement
does not create any entitlement for a property owner or applicant
for a zoning amendment or variance, or for approval of any particular
proposed project. 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 February 12, 2020,
or in the Borough's adopted Housing Element and Fair Share Plan, for
which density and set-aside standards shall be governed by the specific
standards set forth therein.
[1]
Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016.
2.
Furthermore, this section shall not apply to developments containing
four or less dwelling units. All subdivision and site plan approvals
of qualifying residential developments shall be conditioned upon compliance
with the provisions of this section. 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.
[Added 9-28-2020 by Ord.
No. 2020-05; amended 3-8-2021 by Ord. No. 2021-01]
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 Fair Haven 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 Fair Haven 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 February 12, 2020 (hereinafter
"FSHC Settlement Agreement"), the Superior Court Order approving same,
which was entered by the Court on June 4, 2020 after a properly noticed
Fairness Hearing.
3.
The Borough of Fair Haven shall track the status of the implementation
of the Fair Share Plan.
b.
Monitoring and Reporting Requirements. The Borough of Fair Haven
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 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 2,
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.
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
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
NON-EXEMPT SALE
RANDOM SELECTION PROCESS
REGIONAL ASSET LIMIT
REHABILITATION
RENT
RESTRICTED UNIT
THE DEPARTMENT
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:
Shall mean 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.
Means 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.
Means constructed in compliance with the technical design
standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.
Means the entity designated by the Borough responsible for
the administration of affordable units in accordance with this ordinance,
applicable COAH regulations and the Uniform Housing Affordability
Controls (UHAC)(N.J.A.C. 5:80-26.1 et seq.)
Means a regional marketing strategy designed to attract buyers
and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
Means the average percentage of median income at which restricted
units in an affordable housing development are affordable to low-
and moderate-income households.
Means 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.
Means a housing development all or a portion of which consists
of restricted units.
Means 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.
Means any mechanism in the Borough's Fair Share Plan prepared
or implemented to address the Borough's fair share obligation.
Means 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.
Means 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.
Means the New Jersey Housing and Mortgage Finance Agency
established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1, et seq.).
Means a 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 boarding homes as regulated by the State of New Jersey Department
of Community Affairs; residential health care facilities as regulate
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.
Means 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 the unit entrance.
Means a household that has been certified by an Administrative
Agent as a very-low-income household, low-income household or moderate-income
household.
Means the New Jersey Council on Affordable Housing.
Means the State of New Jersey Department of Community Affairs.
Means a housing unit with health and safety code violations
that require the repair or replacement of a major system. A major
system includes weatherization, roofing, plumbing (including wells),
heating, electricity, sanitary plumbing (including septic systems),
lead paint abatement and/or load bearing structural systems.
Means any person, partnership, association, 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.
Means 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.
Means 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 non-residential structure
to residential and the creation of new affordable units through the
reconstruction of a vacant residential structure.
Means a household with a total gross annual household income
equal to 50% or less of the median household income.
Means a restricted unit that is affordable to a low-income
household.
Means the primary structural, mechanical, plumbing, electrical,
fire protection, or occupant service components of a building, which
include but are not limited to, weatherization, roofing, plumbing
(including wells), heating, electricity, sanitary plumbing (including
septic systems), lead paint abatement or load bearing structural systems.
Means housing not restricted to low- and moderate-income
households that may sell or rent at any price.
Means the median income by household size for the applicable
county, as adopted annually by the Department.
Means a household with a total gross annual household income
in excess of 50% but less than 80% of the median household income.
Means a restricted unit that is affordable to a moderate-income
household.
Means the employee charged by the governing body with the
responsibility for oversight and administration of the affordable
housing program for Fair Haven.
Means 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.
Means 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).
Means 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 or a successor entity.
Means the repair, renovation, alteration or reconstruction
of any building or structure, pursuant to the Rehabilitation Subcode,
N.J.A.C. 5:23-6.
Means the gross monthly cost of a rental unit to the tenant,
including the rent paid to the landlord, as well as an allowance for
tenant-paid utilities computed in accordance with allowances published
by DCA for its Section 8 program. In assisted living residences, rent
does not include charges for food and services.
Means 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.
Means 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.).
Means the Uniform Housing Affordability Controls set forth
in N.J.A.C. 5:80-26.1 et seq.
Means a household with a total gross annual household income
equal to 30% or less of the median household income.
Means a restricted unit that is affordable to a very low-income
household.
Means building insulation (for attic, exterior walls and
crawl space), siding to improve energy efficiency, replacement storm
windows, replacement storm doors, replacement windows and replacement
doors, and is considered a major system for rehabilitation.
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 Fair Haven pursuant
to the Borough's most recently adopted Housing Element and Fair Share
Plan.
2.
This section shall apply to all developments that contain very-low-,
low-, and moderate-income housing units, including any currently unanticipated
future developments that will provide very-low-, low-, and moderate-income
housing units.
e.
Alternative Living Arrangements.
1.
The administration of an alternative living arrangement shall be
in compliance with N.J.A.C. 5:93-5.8 and UHAC, with the following
exceptions:
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.
f.
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%
|
g.
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 development that includes affordable housing, 13% of
the restricted units overall shall be very-low-income units, and these
very-low-income units may be counted toward the 50% low-income requirement.
The very-low-income units shall be provided as follows: in developments
that produce one very-low-income unit, the very-low-income unit shall
be a two-or three-bedroom unit; in developments that produce two very-low-income
units, no more than one of the very-low-income units may be a one-bedroom
unit; and in developments that produce three or more very-low-income
units, an equal number of very-low-income units shall be provided
within each bedroom distribution, and any additional very-low-income
units shall be two- or three-bedroom 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.
(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:
(a)
The first floor of all restricted townhouse dwelling units and
all restricted units in all other multistory buildings shall be subject
to the technical design standards of the Barrier Free Subcode, N.J.A.C.
5:23-7.
(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 paragraphs b.i. through
b.iv. 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 paragraphs b.i. through b.iv. 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, or evidence that Fair Haven 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 Fair Haven'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 paragraph (6) above
shall be used by the Borough of Fair Haven 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 Fair Haven 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
meet the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7,
and that the cost estimate of such conversion is reasonable, payment
shall be made to the 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)
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 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.
(2)
The income limits are based on carrying out the process in paragraph
(1) based on HUD determination of median income for the current Fiscal
Year, and shall be utilized by the Borough until new income limits
are available.
(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 paragraph (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 Southern 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.
h.
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.
i.
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:
j.
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 Fair Haven
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 non-restricted, 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 non-exempt sale after the unit's
release from the restrictions set forth in this Section, an amount
equal to the difference between the unit's non-restricted fair market
value and its restricted price, and the recapture note shall be secured
by a recapture lien evidenced by a duly recorded mortgage on the unit.
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.
k.
Price Restrictions for Restricted Ownership Units, Homeowner 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 homeowner 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.
l.
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.
Notwithstanding the foregoing, the Administrative Agent may, upon
approval by the Borough Council, and may be subject to approval by
the Court appointed Special Master or the Court, permit a moderate-income
purchaser to buy a low-income unit if and only if the Administrative
Agent can demonstrate that there is an insufficient number of eligible
low-income purchasers in the housing region to permit prompt occupancy
of the unit and all other reasonable efforts to attract a low income
purchaser, including pricing and financing incentives, have failed.
Any such low-income unit that is sold to a moderate-income household
shall retain the required pricing and pricing restrictions for a low-income
unit.
3.
A certified household that purchases a restricted ownership unit
must occupy it as the certified household's principal residence and
shall not lease the unit; provided, however, that the Administrative
Agent may permit the owner of a restricted ownership unit, upon application
and a showing of hardship, to lease the restricted unit to another
certified household for a period not to exceed one year.
4.
The Administrative Agent shall certify a household as eligible for
a restricted ownership unit when the household is a low-income household
or a moderate-income household, as applicable to the unit, and the
estimated monthly housing cost for the particular unit (including
principal, interest, taxes, homeowner and private mortgage insurance
and condominium or homeowner association fees, as applicable) does
not exceed 33% of the household's eligible monthly income.
m.
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).
n.
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.
o.
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 Fair Haven
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 Atlantic. 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:
p.
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.
q.
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.
3.
The applicant shall file documentation sufficient to establish the
existence of the circumstances in paragraph 2(a) through paragraph
2(e) above with the Borough's Administrative Agent, or an Administrative
Agent appointed by a particular developer, who shall counsel the household
on budgeting.
r.
Municipal Housing Liaison.
1.
The position of Municipal Housing Liaison (MHL) for the Borough of
Fair Haven 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
Fair Haven.
(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 Fair Haven, 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 Fair
Haven 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.
s.
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, or the municipality itself, through
a designated municipal employee, department, board, agency or committee,
pursuant to N.J.A.C. 5:80-26.14(c). 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 Sections
5:80-26.14, 16 and 18 thereof, which includes:
1.
Affirmative Marketing:
(a)
The administrative agent designated by the Borough of Fair haven
shall assure the affirmative marketing of all affordable housing units
consistent with the Affirmative Marketing Plan of the Borough of Fair
Haven and applicable law, including posting of all affirmative units
on the online New Jersey Housing Resource Center website; and
(b)
The administrative agent shall provide 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 non-eligibility;
(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 Fair Haven 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 Fair Haven: 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 Re-rentals:
(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 re-rental; and
(b)
Instituting and maintaining an effective means of communicating
information to low- (or very-low-) and moderate-income households
regarding the availability of restricted units for resale or re-rental.
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.
t.
Affirmative Marketing Requirements.
1.
The Borough of Fair Haven 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 re-rentals. The Borough's Administrative Agent designated by the
Borough of Fair Haven, 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.
u.
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 Fair Haven 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.
v.
Appeals. Appeals from all decisions of an Administrative Agent appointed
pursuant to this section shall be filed in writing with the Superior
Court.
[Added 10-13-2020 by Ord.
No. 2020-09]
a.
The following accessory apartment regulations are hereby enacted
for the purpose of providing additional opportunities for affordable
housing in the Borough. All accessory apartment units shall meet the
following conditions:
1.
Accessory apartments shall only be permitted in the Affordable Housing
Overlay Zones.
3.
Accessory apartments shall comply with all applicable statutes and
regulations of the State of New Jersey in addition to local building
codes;
4.
The accessory apartment shall, for a period of at least 10 years
from the date of the issuance of the certificate of occupancy for
the unit, be rented only to a duly qualified (at the time of initial
occupancy) very-low-, low- or moderate-income household based upon
a rent level calculated to be affordable to such household in accordance
with the criteria set forth in the Borough's Affordable Housing Ordinance;
5.
Affordable rent levels for accessory apartments shall be calculated
to include a deduction for tenant-paid utilities (a utility allowance);
6.
There shall be a recorded deed or declaration of covenants and restrictions
applied to the property upon which the accessory apartment is located
running with the land and limiting its subsequent rental in accordance
with the foregoing requirements for the entire term of the deed restriction;
7.
Each accessory apartment shall have living/sleeping space, a complete
kitchen and complete sanitary facilities for the exclusive use of
its occupants. It shall consist of no less than two rooms, one of
which shall be a full bathroom;
8.
The accessory apartment shall have a separate door with direct access
to the outdoors;
9.
The potable water supply and sewage disposal system for the accessory
apartment shall be demonstrated to be adequate;
10.
The accessory apartment shall be affirmatively marketed throughout
the Borough's housing region; and
11.
In the case of an accessory apartment created illegally or without
proper permits which the property owner desires to legitimize as an
accessory apartment under this section, all of the requirements of
this section shall apply, except that no subsidy shall be provided
by the Borough.
b.
The Borough shall designate an administrative agent to administer
the accessory apartment program.
1.
The administrative agent shall administer the accessory apartment
program including advertising, income qualifying prospective tenants,
setting rents and annual rental increases, maintaining a waiting list,
distributing the subsidy, securing certificates of occupancy, qualifying
properties, handling application forms, filing deed restrictions and
monitoring reports and affirmatively marketing the accessory apartment
program;
2.
The administrative agent shall only deny an application for an accessory
apartment if the project is not in conformance with all of the requirements
of the municipal development ordinance, including this section, or
the Borough's Affordable Housing Ordinance.[2] All denials shall be in writing with the reasons clearly
stated; and
3.
The Borough shall provide up to $25,000 to subsidize the physical
creation of an accessory apartment conforming to all applicable requirements.
Prior to the grant of any subsidy, the property owner shall enter
into a written agreement with Fair Haven Borough insuring that i)
the subsidy shall be used only to create the accessory apartment and
ii) the apartment shall meet all applicable requirements of the Borough
of Fair Haven.
c.
Applications for the creation of an accessory apartment shall be
submitted to the administrative agent and shall include the following:
1.
A sketch of floor plan(s) showing the location, size and relationship
of both the accessory apartment and primary dwelling or use within
the building;
2.
Rough elevations showing the modification of any exterior building
facade to which changes are proposed; and
3.
A site development sketch showing the location of the existing dwelling
and other existing structures; all property lines; proposed addition
if any, along with minimum building setback lines; the required parking
spaces for both dwelling units; and any man-made conditions which
might affect the proposal.
[Added 9-28-2020 by Ord.
No. 2020-10; amended 7-12-2021 by Ord. No. 2021-08]
a.
Purpose.
1.
In Holmdel Builder's Association V. Holmdel Township, 121 N.J. 550
(1990), the New Jersey Supreme Court determined that mandatory development
fees are authorized by the Fair Housing Act of 1985 (the Act), N.J.S.A.
52:27d-301 et seq., and the State Constitution, subject to the Council
on Affordable Housing's (COAH's) adoption of rules.
2.
Pursuant to P.L.2008, c. 46 section 8 (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 a court of competent jurisdiction and have a COAH-approved spending
plan may retain fees collected from non-residential development.
3.
In Re: Adoption of N.J.A.C. 5:96 and 5:97 by the New Jersey Council
on Affordable Housing, 221 N.J. 1 (2015), also known as the Mount
Laurel IV decision, the Supreme Court remanded COAH's duties to the
Superior Court. As a result, affordable housing development fee collections
and expenditures from the municipal affordable housing trust funds
to implement municipal Third Round Fair Share Plans through July 1,
2025 are under the Court's jurisdiction and are subject to approval
by the Court.
4.
This chapter 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 ordinance shall be used for the sole purpose of providing
low- and moderate-income housing. This ordinance shall be interpreted
within the framework of COAH's rules on development fees, codified
at N.J.A.C. 5:93-8.
b.
AFFORDABLE HOUSING DEVELOPMENT
COAH or the COUNCIL
DEVELOPER
DEVELOPMENT FEE
EQUALIZED ASSESSED VALUE
GREEN BUILDING STRATEGIES
Definitions. The following terms, as used in this chapter, shall
have the following meanings:
Means a development included in the Borough's Housing Element
and Fair Share Plan, and includes, but is not limited to, an inclusionary
development, a municipal construction project or a 100% affordable
development.
Means the New Jersey Council on Affordable Housing established
under the Act.
Means the legal or beneficial owner or owners of a lot or
of any land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
Means money paid by a developer for the improvement of property
as authorized by Holmdel Builder's Association v. Holmdel Borough,
121 N.J. 550 (1990) and the Fair Housing Act of 1985, N.J.S.A. 52:27d-301,
et seq., and regulated by applicable COAH regulations.
Means the assessed value of a property divided by the current
average ratio of assessed to true value for the municipality in which
the property is situated, as determined in accordance with sections
1, 5, and 6 of P.L.1973, c. 123 (C. 54:1-35a through C. 54:1-35c).
Means 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.
c.
Residential Development Fees.
1.
Imposed Fees.
(a)
Within all zoning districts, residential developers, the developers
of all new development of principal and accessory residential buildings,
except for developers of the types of development specifically exempted
below, shall pay a fee of 1.5% of the equalized assessed value for
residential development provided no increased density is permitted.
(b)
When an increase in residential density pursuant to N.J.S.A.
40:55D-70d(5) (known as a "d" variance) has been permitted, developers
may be required to pay a development fee of 6% of the equalized assessed
value for each additional unit that may be realized. However, if the
zoning on a site has changed during the two-year period preceding
the filing of such a variance application, the base density for the
purposes of calculating the bonus development fee shall be the highest
density permitted by right during the two-year period preceding the
filing of the variance application.
2.
Eligible Exactions, Ineligible Exactions, and Exemptions for Residential
Development
(a)
Affordable housing developments, developments where the developer
is providing for the construction of affordable units elsewhere in
the municipality, and developments where the developer has made a
payment in lieu of on-site construction of affordable units shall
be exempt from development fees.
(b)
Developments that have received preliminary or final site plan
approval prior to the adoption of a municipal development fee ordinance
shall be exempt from development fees, unless the developer seeks
a substantial change in the approval. Where a site plan approval does
not apply, a zoning and/or building permit shall be synonymous with
preliminary or final site plan approval for this purpose. The fee
percentage shall be vested on the date that the building permit is
issued.
(c)
Development fees shall be imposed and collected when an existing
structure undergoes a change to a more intense use requiring a CO
for reconstruction, is demolished and replaced, or is expanded, if
the expansion is not otherwise exempt from the development fee requirement.
The development fee shall be calculated on the increase in the equalized
assessed value of the improved structure.
(d)
Nonprofit organizations which have received tax exempt status
pursuant to section 501(c)(3) of the Internal Revenue Code, providing
current evidence of that status is submitted to the municipal clerk,
together with a certification that services of the organization are
provided at reduced rates to those who establish an inability to pay
existing charges, shall be exempted from paying a development fee.
(e)
Federal, state, county and local governments shall be exempted
from paying a development fee.
(f)
Owner-occupied residential structures demolished and replaced
as a result of a fire, flood, or natural disaster shall be exempt
from paying a development fee.
d.
Non-Residential Development Fees.
1.
Imposed Fees.
(a)
Within all zoning districts, non-residential developers, except
for developers of the types of development specifically exempted,
shall pay a fee equal to 2.5% of the equalized assessed value of the
land and improvements, for all new non-residential construction on
an unimproved lot or lots.
(b)
Non-residential developers, except for developers of the types
of development specifically exempted, shall also pay a fee equal to
2.5% of the increase in equalized assessed value resulting from any
additions to existing structures to be used for non-residential purposes.
(c)
Development fees shall be imposed and collected when an existing
structure is demolished and replaced. The development fee of 2.5%
shall be calculated on the difference between the equalized assessed
value of the pre-existing land and 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 non-residential
development fee shall be zero.
2.
Eligible Exactions, Ineligible Exactions, and Exemptions for Non-Residential
Development
(a)
The non-residential portion of a mixed-use inclusionary or market
rate development shall be subject to 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)
Non-residential developments shall be exempt from the payment
of non-residential 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 non-residential development exempted from the
non-residential 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 non-residential development
fee, in that event, within three years after that event or after the
issuance of the final certificate of occupancy of the non-residential
development, whichever is later.
(e)
If a property which was exempted from the collection of a non-residential
development fee thereafter ceases to be exempt from property taxation,
the owner of the property shall remit the fees required pursuant to
this section within 45 days of the termination of the property tax
exemption. Unpaid non-residential development fees under these circumstances
may be enforceable by the Borough of Fair Haven as a lien against
the real property of the owner.
e.
Collection Procedures.
1.
Upon the granting of a preliminary, final or other applicable approval,
for a development, the applicable approving authority shall direct
its staff to notify the Borough's Land Use Officer responsible for
the issuance of a building permit.
2.
For non-residential developments only, the developer shall also be
provided with a copy of Form N-RDF "State of New Jersey Non-Residential
Development Certification/Exemption" to be completed as per the instructions
provided. The developer of a non-residential development shall complete
Form N-RDF as per the instructions provided. The construction official
shall verify the information submitted by the non-residential developer
in accordance with the instructions in Form N-RDF. The Tax assessor
shall verify exemptions and prepare estimated and final assessments
in keeping with the instructions in Form N-RDF.
3.
The Land Use Officer responsible for the issuance of a building permit
shall notify the local tax assessor of the issuance of the first building
permit for a development which is subject to a development fee.
4.
Within 90 days of receipt of that notice, the municipal tax assessor,
based on the plans filed, shall provide an estimate of the equalized
assessed value of the development.
5.
The Land Use Officer responsible for the issuance of a final certificate
of occupancy shall notify the local assessor of any and all requests
for the scheduling of a final inspection on property which is subject
to a development fee.
6.
Within 10 business days of a request for the scheduling of a final
inspection, the municipal assessor shall confirm or modify the previously
estimated equalized assessed value of the improvements of the development;
calculate the development fee; and thereafter notify the developer
of the amount of the fee.
7.
Should the Borough of Fair Haven 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).
8.
Fifty percent of the development fee shall be collected at the time
of issuance of the building permit. The remaining portion shall be
collected at the issuance of the certificate of occupancy. The developer
shall be responsible for paying the difference between the fee calculated
at building permit and that determined at issuance of certificate
of occupancy.
9.
Appeal of development fees.
(a)
A developer may challenge residential development fees imposed
by filing a challenge with the County Board of Taxation. Pending a
review and determination by the Board, collected fees shall be placed
in an interest-bearing escrow account by the Borough of Fair Haven.
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.
(b)
A developer may challenge non-residential development fees imposed
by filing a challenge with the Director of the Division of Taxation.
Pending a review and determination by the Director, which shall be
made within 45 days of receipt of the challenge, collected fees shall
be placed in an interest bearing escrow account by the Borough of
Fair Haven 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.
f.
Affordable Housing Trust Fund.
1.
There is hereby created a separate, interest-bearing housing trust
fund to be maintained by the Borough's Chief Financial Officer for
the purpose of depositing development fees collected from residential
and non-residential developers and proceeds from the sale of units
with extinguished controls.
2.
The following additional funds shall be deposited in the Affordable
Housing Trust Fund and shall at all times be identifiable by source
and amount:
(a)
Payments in lieu of on-site construction of affordable units;
(b)
Developer contributed funds to make 10% of the adaptable entrances
in a townhouse or other multistory attached development accessible;
(c)
Rental income from municipally operated units;
(d)
Repayments from affordable housing program loans;
(e)
Recapture funds;
(f)
Proceeds from the sale of affordable units; and
(g)
Any other funds collected in connection with the Borough of
Fair Haven's affordable housing program.
3.
In the event of a failure by the Borough of Fair Haven to comply
with trust fund monitoring and reporting requirements or to submit
accurate monitoring reports; or a failure to comply with the conditions
of the judgment of compliance or a revocation of the judgment of compliance;
or a failure to implement the approved Spending Plan and to expend
funds within the applicable required time period as set forth in In
re Tp. of Monroe, 442 N.J. Super. 565 (Law Div. 2015) (aff'd 442 N.J.
Super. 563); or the expenditure of funds on activities not approved
by the Court; or for other good cause demonstrating the unapproved
use(s) of funds, the Court may authorize the State of New Jersey,
Department of Community Affairs, Division of Local Government Services
(LGS), to direct the manner in which the funds in the Affordable Housing
Trust Fund shall be expended, provided that all such funds shall,
to the extent practicable, be utilized for affordable housing programs
within the Borough of Fair Haven, or, if not practicable, then within
the County or the Housing Region.
4.
Any party may bring a motion before the Superior Court presenting
evidence of such condition(s), and the Court may, after considering
the evidence and providing the municipality a reasonable opportunity
to respond and/or to remedy the non-compliant condition(s), and upon
a finding of continuing and deliberate non-compliance, determine to
authorize LGS to direct the expenditure of funds in the Trust Fund.
The Court may also impose such other remedies as may be reasonable
and appropriate to the circumstances.
5.
All interest accrued in the housing trust fund shall only be used
on eligible affordable housing activities approved by the Court.
g.
Use of Funds.
1.
The expenditure of all funds shall conform to a spending plan approved
by the Court. Funds deposited in the housing trust fund may be used
for any activity approved by the Court to address the Borough of Fair
Haven'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 non-residential
buildings to create new affordable units, green building strategies
designed to be cost saving and in accordance with accepted national
or state standards, purchase of land for affordable housing, improvement
of land to be used for affordable housing, extensions or improvements
of roads and infrastructure to affordable housing sites, financial
assistance designed to increase affordability, administration necessary
for implementation of the Housing Element and Fair Share Plan, or
any other activity as permitted pursuant to N.J.A.C. 5:93-8 and specified
in the approved spending plan.
2.
Funds shall not be expended to reimburse the Borough of Fair Haven
for past housing activities.
3.
At least 30% of all development fees collected and interest earned
shall be used to provide affordability assistance to low- and moderate-income
households in affordable units included in the municipal Fair Share
Plan. One-third of the affordability assistance portion of development
fees collected shall be used to provide affordability assistance to
those households earning 30% or less of median income by region.
(a)
Affordability assistance programs may include down payment assistance,
security deposit assistance, low interest loans, rental assistance,
assistance with homeowners association or condominium fees and special
assessments, and assistance with emergency repairs.
(b)
Affordability assistance to households earning 30% or less of
median income may include buying down the cost of low or moderate
income units in the municipal Fair Share Plan to make them affordable
to households earning 30% or less of median income.
(c)
Payments in lieu of constructing affordable units on site and
funds from the sale of units with extinguished controls shall be exempt
from the affordability assistance requirement.
4.
The Borough of Fair Haven 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. 5:94-7.
5.
No more than 20% of all revenues collected from development fees,
may be expended on administration, including, but not limited to,
salaries and benefits for municipal employees or consultant fees necessary
to develop or implement a new construction program, a Housing Element
and Fair Share Plan, and/or an affirmative marketing program. In the
case of a rehabilitation program, no more than 20% of the revenues
collected from 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 monitoring requirements for the affordable housing
in compliance with the Housing Element and Fair Share Plan. 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.
h.
Monitoring.
1.
On an annual basis commencing with the first anniversary of the entry
of the Order granting a Final Judgment of Compliance and Repose The
Borough of Fair Haven shall provide annual reporting of trust fund
activity to the New Jersey Department of Community Affairs ("DCA"),
COAH, or Local Government Services ("LGS"), or other entity designated
by the State of New Jersey, with a copy provided to Fair Share Housing
Center and posted on the municipal website, using forms developed
for this purpose by the DCA, COAH, or LGS. This reporting shall include
an accounting of all housing trust fund activity, including 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's housing
program, as well as to the expenditure of revenues and implementation
of the plan approved by the court.
i.
Ongoing Collection of Fees.
1.
The ability for the Borough of Fair Haven to impose, collect and
expend development fees shall expire with its Judgment of Compliance
and Repose unless the Borough of Fair Haven has filed an adopted Housing
Element and Fair Share Plan with the court or other appropriate jurisdiction,
has filed a Declaratory Judgment action and has received court approval
of its development fee ordinance. If the Borough of Fair Haven fails
to renew its ability to impose and collect development fees prior
to the expiration of Judgement of Compliance and Repose, 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 Fair Haven
shall not impose a residential development fee on a development that
receives preliminary or final site plan approval after the expiration
of its Judgment of Compliance and Repose, nor shall the Borough of
Fair Haven retroactively impose a development fee on such a development.
The Borough of Fair Haven shall not expend development fees after
the expiration of its Judgment of Compliance and Repose.
