ATTACHMENTS
Attachment 1 - Zoning Map
[1978 Code § 12-401; Ord. #12/4/85]
This Chapter shall be known as and referred to as the "Zoning Ordinance of the Township of Hope," Warren County, New Jersey.
[1978 Code § 12-401; Ord. #12/4/85]
This Chapter is adopted pursuant to the authority of the Municipal Land Use Law, Chapter 291, Laws of New Jersey, 1975, N.J.S.A. 40:55D-65 et seq. and the amendments thereof and supplements thereto.
[1978 Code § 12-401; Ord. #12/4/85]
This Chapter is enacted for the following purposes: to promote the health, safety, morals and general welfare of the inhabitants of the Township of Hope, to lessen congestion in the streets; secure safety from fire, flood, panic, and other dangers; provide adequate light, air, and open space; prevent the over-crowding of land or buildings; avoid undue concentration of population; and to conserve the value of property and encourage the most appropriate use of land; to promote the establishment of appropriate population densities and concentrations that will contribute to the well being of persons, neighborhoods, communities and preservation of the environment and historic heritage of Hope; to provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational and 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; to encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which will result in congestion or blight; to promote a desirable visual environment through creative development techniques and good civic design and arrangements; to promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land, and to promote the purposes of zoning set forth in N.J.S.A. 40:55D-1 et seq.
It is also the purpose of this Chapter to state as clearly and simply as possible the intended requirements to encourage wide understanding of its meaning, and to avoid costly technical and legal problems. For the purposes hereinabove mentioned, this Chapter designates, regulates and restricts the location and use of buildings and structures and land for residence, commerce, trade, historic preservation, industry and other purposes; the height and number of stories and size of buildings and other structures hereinafter erected or altered; regulates and determines the sizes of yards and other open spaces; and regulates and limits the density of population. In order to effect its purpose this Chapter divides the Township into zoning districts of such number, shape and area as deemed best to carry out the purposes of this Chapter.
[1978 Code § 12-402; Ord. #12/4/85; Ord. #97-13, § 1; Ord. #02-02]
The Township shall be divided into the following types of zoning districts:
LDAR
Low-Density Agricultural Residential
LDAR-H
Low-Density Agricultural Residential-Historic
MHH
Mount Hermon Hamlet
HMH
Hope Moravian Historic Center
NC
Neighborhood Commercial
POP
Planned Office Park
Pre-Teen and Family Amusement Park
[1978 Code § 12-402; Ord. #12/4/85; Ord. #11/27/90; Ord. #96-01, § 2; Ord. #97-13]
The boundaries of the Districts are hereby established as shown on the map entitled " Zoning Map of the Township of Hope," dated November 12, 1997, which accompanies and is made a part of this Chapter. The map is on file in the Office of the Clerk of the Township and is available for inspection, and copies thereof are available to interested members of the public.
[1978 Code § 12-402; Ord. #12/4/85; Ord. #11/27/90; Ord. #96-01, § 2; Ord. #97-13]
District boundary lines are intended to follow street center lines and lot or property lines as they existed as of the date of enactment of this Ordinance[1] unless otherwise indicated by dimensions on the zoning map. The exact location of any disputed district boundary line shall be determined by the Zoning Board of Adjustment upon proper application made by any interested party.
[1]
Editor's Note: This ordinance was adopted December 4, 1985.
[1978 Code § 12-403; Ord. #12/4/85; Ord. #38-06 §§ 1-3; Ord. #93-05; Ord. #97-13, § 2; Ord. #00-09; Ord. #02-02; Ord. #05-09; Ord. #07-03 § I; Ord. #2015-06; amended 7-13-2022 by Ord. No. 2022-05]
a. 
Interpretation. Except where it is specifically defined herein, all words and terms used in this Ordinance shall carry their customarily accepted meanings: " Lot" includes the words " plots" or " parcels" ; " Building" includes the word " structure" ; " Occupied" or " Used" shall be considered as though followed by the words " or intended, arranged or designed, to be used or occupied" ; " Dwelling" includes the word " Residence." It is not the intent of this Ordinance that any prohibited use or occupation shall be allowed because of a technical distinction in the meaning of any word.
b. 
Definitions as used in this Chapter:
ACCESSORY APARTMENT
Shall mean a separate living unit, part of a single family residence, containing separate cooking facilities designed for occupancy by a parent, uncle, aunt or other related person over 65 years of age.
ACCESSORY BUILDING OR USE
Shall mean a use or structure customarily incident and subordinate to the principal use of land or buildings, and located on the same lot with such principal use or building.
AGRICULTURE
Shall mean the use of the land for farming or horticultural use or for raising poultry or livestock or otherwise devoted to any use contemplated by R.S. 54:4- 23.3.
ALTER
As applied to a building shall mean a change or rearrangement of supporting members, or exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or moving from one location or position to another.
ANIMAL HOSPITAL
Shall mean a soundproof facility primarily for the veterinary care of domestic animals which may have boarding facilities.
AQUIFER
Shall mean a unique sandy, loamy, water bearing stratum serving as a recharge area of the water table.
AQUIFER OVERLAY AREA
Shall mean an area of land lying over an aquifer.
AUTOMOBILE REPAIR FACILITY
Shall mean a building or place of business where motor oil and associated automotive fluids, batteries, tires, towing and vehicle recovery, and automobile repair services are rendered, at retail. Dispensing of gasoline and other fuels is not permitted. Accordingly, electric vehicle charging stations could be located at such an establishment.
[Added 7-13-2022 by Ord. No. 2022-05]
BASEMENT
Shall mean a portion of a building partly underground, but having less than one-half of its clear height below the average grade of the adjoining ground.
BLOCK AREA
Shall mean an area which is bounded by existing public roads.
BUFFER STRIP
Shall mean land area used to visibly separate one use from another or to shield or block noise, lights, or other nuisances through the erection of fences, or the planting of shrubs and trees.
BUILDABLE AREA
Shall mean that portion of the lot within the building envelope which is free from critical areas.
BUILDING
Shall mean a structure having a roof, supported by columns, posts, or walls, used or intended to be used for the shelter or enclosure of persons, animals or property.
BUILDING ENVELOPE
Shall mean that portion of a lot within the required setbacks.
BUILDING HEIGHT
Shall mean the vertical distance measured from the average finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to a point halfway between cases and ridge for gable, hip and gambrel roof.
BUILDING LINE
Shall mean a horizontal line across a lot parallel to the front lot line at the required distance from the street line.
BUILDING, MAIN OR PRINCIPAL
Shall mean a building or structure in or with which is conducted the main or principal use of the lot on which the building is located.
BUSINESS OFFICE
Shall mean an office wherein the management of a business is carried on, including accounting, professional and bookkeeping functions, customer services and complaints, purchasing, sales, personnel and advertising functions.
CELLAR
Shall mean a portion of the building partly underground having one-half or more than one-half of its clear height below the average grade of the adjoining ground.
CENTRAL SEWER
Shall mean a sewage transmission and treatment facility conforming to all governmental requirements and serving only the development applied for or portions thereof.
CENTRAL WATER
Shall mean a water supply system for the collection, treatment, storage and distribution of potable water from the source of supply to the customer or user.
CHURCH
Shall mean lands and buildings devoted to and used exclusively for religious purposes and entitled to exemption from taxation pursuant to the provisions of N.J.S.A. 55:4-3.6.
COMMERCIAL VEHICLES
Shall mean trucks, busses, sedan delivery vehicles, station wagons with advertising matter on the sides or any other commercially used vehicles except as passenger car with no advertising matter exposed to view.
COMMON OWNERSHIP
Shall mean ownership of two or more contiguous parcels of real property by one person or by two or more persons owning such property jointly or as tenants by the entirety or as tenants in common.
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED
Shall be as defined in N.J.S.A. 40:55D-66.2(a) set out in full. (See also Group Homes).
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE
Shall be as defined in N.J.S.A. 40:55D-66.2(b) set out in full. (See also Group Homes).
CONDITIONAL USE
Shall mean 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 application or operation of such use as contained in this Chapter, and upon issuance of an authorization therefor by the Planning Board or Zoning Board of Adjustment.
COVERAGE
Shall mean the ground area of all buildings and structures on the lot and all paved areas, divided by the lot area, and expressed as a percent.
CRITICAL AREAS
Shall mean and include wetlands, wetland transition areas, flood plains, open water areas, and lands with slopes of 25% or greater.
DENSITY
Shall mean the total number of dwelling units per gross acre of land capable of being constructed under the requirements of a specific zoning district.
DISTRICT
Shall mean synonymous with the term "zone," part of the territory of the Township to which certain uniform regulations of this Ordinance apply.
DOMESTIC ANIMALS
Shall mean small tame animals normally pets, such as dogs, cats and other similar household pets.
DRIVE-IN RESTAURANT
Shall mean a structure where food and/or drink is sold ready for consumption and where a substantial portion of the customers consume the food and/or drink elsewhere than in the structure.
DRIVEWAY
Shall mean a privately owned lane or way for vehicular traffic leading from a street or road into and across private property as a means of ingress and egress to the property.
DWELLING
Shall mean any building or portion thereof designed or used primarily as the residence or sleeping place of one or more persons. A mobile home, hotel, motel, hospital, nursing home, dormitory, fraternity or sorority house, rooming house, boarding house or similar structure shall not be considered a dwelling under the terms of this Chapter.
DWELLING, MULTI-FAMILY
Shall mean a building containing more than one dwelling unit and includes garden apartments, apartments and attached single family dwellings.
DWELLING UNIT
Shall mean one or more rooms including cooking and sanitary facilities in a structure, designed as a unit for occupancy by not more than one family for living and sleeping purposes.
EDUCATIONAL USE
Shall mean public, parochial and private elementary and secondary schools duly licensed by the State of New Jersey, attendance at which is a sufficient compliance with the compulsory education requirements of the State. Educational uses shall also include institutions of higher education duly licensed by the State Department of Higher Education. Summer day camps shall not be considered as educational uses or accessories to such uses.
FAMILY
Shall mean any number of individuals living together as a single housekeeping unit and using certain rooms and housekeeping facilities in common, but not including those individuals living in a hospital, nursing home, sanitarium, hotel, motel, boarding house, fraternity house, sorority house or similar building or institution.
FARM
Shall mean a parcel of land containing at least five acres used exclusively for agricultural purposes as defined herein.
FEED LOT
Shall mean a small confined land area used principally for fattening cattle or other animals or holding them temporarily for shipment.
FLOOR AREA, GROSS
Shall mean the plan projection of all roofed areas of a building, excluding attached garages, multiplied by the number of full stories under each roof section, provided that the area under any roof overhang of two (2') feet or less shall not be included in the G.F.A. calculation. Basements which satisfy applicable construction code definitions of habitable space are included in the G.F.A. for residential uses. Only those floor areas which have a ceiling height of seven (7') feet or more shall be eligible for inclusion in the gross floor area.
FLOOR AREA, LIVABLE
Shall mean the total floor area of a dwelling, but not including rooms with more than one-half their cubic area below finished grade, rooms for heating equipment, garages, unenclosed porches, breezeways or other unheated areas. For the purpose of this Chapter floor area covered in whole or in part by a sloping ceiling shall be counted toward minimum livable floor area only for that portion having headroom of at least five (5') feet six (6") inches, provided further that at least 75% of such floor area has a ceiling height of at least seven (7') feet six (6") inches, and provided further that if such floor is situated above another floor, it shall be accessible from other livable floor areas in the dwelling by means of a permanent built-in stairway.
FLOOR AREA RATIO
Shall mean the ratio of the Gross Floor Area to the area of the lot or tract.
FOREST MANAGEMENT PROGRAM
Shall mean a plan prepared under supervision of the State Forester or other graduate forester active in the field of forest land management for the planting, marking, harvesting and removal of timber.
GARAGE, PRIVATE
Shall mean an accessory building for the housing of a motor vehicle or motor vehicles operated by the occupant of the principal building or use of the lot.
GARAGE, PUBLIC
Shall mean any garage other than a private garage which is open to the public and used for the storage and repair of motor vehicles.
GROUP HOMES
Shall mean community residences for the developmentally disabled and community shelters for victims of domestic violence as defined in N.J.S.A. 40:55D-66.2 occupied or designed to be occupied by more than six but not exceeding 15 persons excluding resident staff.
HAZARDOUS MATERIAL
Shall mean a substance or combination of substances which, because of its quantity, concentration, or physical, chemical or infectious characteristics, may either: (1) cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating, reversible illness; or (2) pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of or otherwise managed.
HISTORICAL DISTRICT
Shall mean the LDAR-H Low Density Agricultural Residential Historic and HMH Districts.
HOME OCCUPATION
Shall mean an occupation customarily carried on for gain or conducted by members of the family residing in the dwelling and conducted solely within the dwelling or accessory building such as dress making, millinery, machine repairs, home baking, handcrafting and the like, provided that:
1. 
The total square footage for the occupation shall not occupy space equal to more than 25% of the total livable floor area in the dwelling or 50% of the accessory building;
2. 
There is no display of signs or merchandise visible from the street and no exterior advertising except an announcement sign no greater than three square feet in area;
3. 
No machinery or equipment shall be used that will cause electrical or other interferences with radio or television reception in adjacent residences;
4. 
Not more than one employee in addition to members of the family residing in the dwelling unit;
5. 
The business shall not produce any noise, glare, fumes, or odors;
6. 
A parking plan showing adequate off-street parking for the number of client customer(s) or patron(s), not to exceed four vehicles at any one time, must be submitted to the Hope Township Driveway Official for approval prior to any "Home Occupation" use commencing.
7. 
Deliveries and pickups by tractor-trailer are prohibited.
HOME PROFESSIONAL USE
Shall mean an occupation included, but not limited to any licensed professional conducted in a dwelling unit subordinate to its residential use provided that:
1. 
There is no display of signs or merchandise visible from the street and no exterior advertising except a professional nameplate no greater than two square feet in area;
2. 
The use does not occupy more than 25% of the total livable floor area in the dwelling;
3. 
No person other than the members of the family residing on the premises plus one employee shall be engaged in such occupation;
4. 
No more than one client or patient shall be permitted on the premises at any one time unless more than one is being serviced by the same professional at the same time, such as, by example, marriage or family counseling, or several clients in a joint venture, or several patients with a common problem, such as in the practice of family medicine;
5. 
No noise, glare, fumes, odors or electrical interference shall be permitted.
HOSPITAL
Shall mean sanitariums, sanatoriums, preventorium, clinic, rest homes, nursing home, convalescent home or any other containing beds for four or more patients, and used for the diagnosis, treatment or other care of ailments. A hospital shall be deemed to be limited to places for the diagnosis, treatment or other care of human ailments.
HOTEL
Shall mean a building which contains furnished living units for its occupants, and in which no living unit contains more than two rooms, exclusive of bathroom, foyer, closet or dressing area, terraces or balconies; and may provide, among other things, such services and features as lobby, mail and linens, central dining rooms, lounges, room service, and other services and features customarily provided in a hotel, including 24 hour office service. Living units may be provided for the sole use of resident employees, provided same do not exceed 3% of the living units provided.
JUNKYARDS
Shall mean any area, lot, land, parcel, building or structure or part thereof used for the storage, collection, processing, purchase, sale or abandonment of waste paper, rags, scrap metal or other scrap or discarded goods, materials, machinery or two or more unregistered inoperable motor vehicles or other types of junk.
LIVESTOCK
Shall mean animals which are raised, kept or maintained as or for the provision of a product or service which, for the purposes of this Chapter, shall be interpreted to include among others, cattle, horses, sheep, goats, swine, chickens and fur-bearing animals such as mink or chinchilla.
LOT
Shall mean a piece or parcel of land abutting and having frontage on a street, the area of which in addition to the parts thereof occupied or which may hereafter be occupied by a principal building and its accessory buildings, is sufficient to provide the yard spaces required by this Chapter and which conforms to minimum area requirements of this Chapter. In the event that more than one plot or lot set forth in any map filed in the Warren County Clerk's Office, or lot as set forth on the present or future tax maps of the Township, is used in part or in full with one or more other such plots or lots for the creation of a building and its accessories, including yards required by this Chapter, the aggregate of all such plots or lots shall be for the purpose of this Chapter deemed to be one lot.
LOT AREA
Shall mean the surface of a lot located between the street line, side lines and rear lot lines.
LOT DEPTH
Shall mean the average horizontal distance between the front lot line, and the line of the lot opposite thereto.
LOT LINE, FRONT
Shall mean the street line of a lot. For a corner lot, the front lot line shall be considered to be the shortest street line. A lot which extends through a block from street to street shall be considered to have two front lots and no rear lot line.
LOT LINE, REAR
Shall mean the property line of a lot which is most distant from and most nearly parallel to the front lot line.
LOT LINE, SIDE
Shall mean any property line of a lot which is not a front or rear lot line.
LOT WIDTH
Shall mean the distance between the side lot lines measured at the building line.
MOTEL, AUTO COURT, AUTO OR MOTOR CABINS
Shall mean one or more structures designed for the renting of sleeping rooms to transients and so laid out that there is direct and immediate access from a parked automobile to the rooms and access to the rooms which is not restricted to passage by a single controlled desk or lobby.
MUNICIPAL AGENCY
Shall mean the Planning Board or Zoning Board of Adjustment of the Township of Hope.
NON-HOUSEHOLD ANIMAL
The term "common household pet" means a domesticated animal, such as a dog, cat, bird, rodent (including a rabbit), fish or turtle that is traditionally kept in the home for pleasure rather than for commercial purposes. Pet animal includes dogs and cats kept for working purposes on a farm. If this definition conflicts with any applicable State or local laws or regulations defining the pets that may be owned or kept in dwelling accommodations, the State or local laws or regulations must be applied.
[Ord. #2015-06]
NONCONFORMING BUILDING
Shall mean a building or structure or portion thereof lawfully existing as of the date of the adoption of this Chapter which was designed, erected or structurally altered so that it does not conform to the regulations of the district in which it is located.
NONCONFORMING LOT
Shall mean a lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of the Hope Township Zoning Ordinance, but presently fails to conform to the requirements of the zoning district in which it is located.
NONCONFORMING USE
Shall mean a use which lawfully occupies a building or land as of the date of the adoption of this Chapter and which does not conform with the use regulations of the district in which it is located.
NUISANCE
Shall mean an offensive, annoying, unpleasant or obnoxious thing or practice; a cause or source of annoyance, especially a continuing or repeating cessation of another's rights including actual or potential emanation of any physical characteristics or activity or use across a property line which can be perceived by or affect a human being of ordinary sensibility; or the generation of an excessive or concentrated movement of people or things, such as but not limited to; noise, dust, smoke, fumes, odor, glare, flashes, vibrations, shock waves, heat, electronic or atomic radiation, objectionable effluent, noise or congregation of people, especially at night, passenger traffic, transportation of things by truck, rail or other means, invasion of non-abutting frontage by parking.
OFF-STREET PARKING SPACE
Shall mean a temporary storage area for a motor vehicle that is either directly accessible to an access aisle, or which is located on a private driveway. No off-street parking space may be located on a dedicated street right-of-way.
PARKING SPACE
Shall mean an area of not less than 200 square feet (ten (10') feet wide and twenty (20') feet long) for the parking of a motor vehicle either within a structure or garage or in the open which, except in the case of residential properties, shall be exclusive of driveways or access drives.
PERSON
Shall mean an individual, proprietorship, partner-ship, corporation, association, or other legal entity.
POULTRY FARM
Shall mean a tract of land upon which the principal use is the growing of poultry other than in a completely closed building operated in such a way that the poultry do not come into contact with the soil and all excreta is regularly removed from the site.
PRINCIPAL BUILDING
Shall mean a building in which is conducted the main or principal use of the lot on which the building is located.
PRINCIPAL USE
Shall mean the primary use to which land or buildings are devoted.
PROFESSIONAL OFFICE
Shall mean the office of a physician, architect, dentist, attorney, engineer, accountant or land surveyor or similar professions as determined by the Board of Adjustment.
PROFESSIONAL OFFICE BUILDING
Shall mean a building in which is located one or more professional offices as defined herein.
PUBLIC UTILITY USES
Shall mean telephone or telegraph systems plant or equipment; electric power plants, substations, or equipment; microwave relay towers and transmission facilities, cable television plant antenna and transmission facilities; water company wells, storage facilities and pumping equipment; and gas transmission pumping stations for public use or to provide services to the public, excluding actual transmission lines.
RESIDENTIAL AGRICULTURE
Shall mean the growing and harvesting of plant life and the keeping of non-household animals for the enjoyment of the residents on the property and not for commercial purposes, provided the following:
1. 
A lot of at least two acres in size is required for the keeping of one non-household animal; and
2. 
One additional acre of land is required for each additional non-household animal up to three in total; and
3. 
One-half additional acre of land is required for each additional non-household animal thereafter.
Nothing in this Zoning ordinance shall be construed to apply to any commercial farming or agricultural use qualifying for a farmland assessment. All commercial farms or agricultural lands qualifying for a farmland assessment shall be permitted to maintain and raise pastoral animals without limitation, subject, however, to all applicable local and State statutes, ordinances, rules and regulations.
[Ord. #2015-06]
RESEARCH LABORATORY
Shall mean an establishment or other facility for carrying on investigation in the natural, physical or social sciences or engineering and development as an extension of investigation with the objective of creating end products, including necessary pilot plan operations.
RETAINING WALL
Shall mean a structure constructed and erected between lands of different elevations to protect structures and/or to prevent erosion.
SELECTED LIGHT INDUSTRIAL USES
Shall mean industrial plants which carry on processes within completely enclosed buildings, including the manufacture, compounding, assembly, or treatment of articles or merchandise from previously prepared material.
SEWER SYSTEM
Shall mean a system of pipes and devices for the collection, treatment and disposal of sewage meeting all applicable State, County and local health and construction standards.
SEXUALLY ORIENTED BUSINESSES
Shall mean:
1. 
A commercial establishment which as one of its principal business purposes offers for sale, rental, or display any of the following: books, magazines, periodicals or other printed material, or photographs, films, motion pictures, video cassettes, slides or other visual representations which depict or describe a "specified sexual activity" or "specified anatomical area," or still or motion picture machines, projectors or other image-producing devices which show images to one person per machine at any one time, and where the images so displayed are characterized by the depiction of a "specified sexual activity" or "specified anatomical area;" or instruments, devices, or paraphernalia which are designed for use in connection with a "specified sexual activity;" or
2. 
A commercial establishment which regularly features live performances characterized by the exposure of a "specified anatomical area" or by a "specified sexual activity," or which regularly shows films, motion pictures, video cassettes, slides, or other photographic representations which depict or describe a "specified sexual activity" or "specified anatomical area."
SIGN, AND/OR ADVERTISING STRUCTURE
Shall mean and include every surface on which there are letters, numbers, symbols, pictures or likenesses printed on the exterior surface or visible from the exterior of a building or structure, temporary or permanent, rigid or flexible, whether or not created by or utilizing lighting; and shall include the announcement, declaration, demonstration, display, illustration or insignia used to advertise, identify or promote the interest of any person, service or product. The word "sign" when used alone in this Chapter shall mean a non-illuminated sign. A lighted sign shall mean a sign which is lighted by external illumination only, by a light directed upon and reflected back from such sign, which shall be constructed in such manner that the source of the light is not visible from the street. A sign with internal illumination shall mean either a single or double faced sign made of glass, plastic or other material behind or between which are enclosed incandescent or fluorescent lamps used for the purpose of illuminating the sign. A neon sign means a sign consisting of tubes in which neon is used as one of the ingredients to provide illumination. A flashing sign means any sign lighted by any means, either internally or externally, by an intermittent source of illumination which blinks or flashes on and off. A revolving or moving sign means any sign however illuminated which is so designed as to revolve or move in any way or manner.
When signs of a certain type are stated to be permitted in any zone or district, such provision shall be construed as prohibiting any other type sign.
SLAUGHTER HOUSE
Shall mean a building or place in which animals are killed and butchered; an abattoir.
SPECIFIED ANATOMICAL AREA
Shall mean:
1. 
Less than completely and opaquely covered human genitals, pubic region, buttock or female breasts below a point immediately above the top of the areola; or
2. 
Human male genitals in a discernibly turgid state, even if covered.
SPECIFIED SEXUAL ACTIVITY
Shall mean:
1. 
The fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock or female breast; or
2. 
Any actual or simulated act of human masturbation, sexual intercourse, or deviate sexual intercourse.
STREET LINE
Shall mean 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, curb line or edge-of-pavement line. In cases where title runs to the center of the street subject to the public easement, street line shall be the line parallel to the center line, a distance of one-half the right-of-way width. On a street shown on the adopted Master Plan of the Township the street line shall be considered to be the proposed right-of-way line for the street.
STRUCTURE
Shall mean 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.
STRUCTURAL ALTERATION
Shall mean any change in the supporting members of a building or structure, such as beams, columns or girders, or change in exit facilities.
SWIMMING POOL
Shall mean a body of water impounded in a receptacle located in or on the ground and having either permanent or temporary location thereon, and used for bathing or swimming therein.
TAVERN
Shall mean a licensed premises as described in Chapter 3.
WAREHOUSE
Shall mean industrial buildings used for the storage of merchandise, components or raw material; and built in connection with manufacturing, freight handling, or light industrial uses. This definition shall specifically exclude the use of mini-warehouses which are designed for the storage of personal goods and rented for periods of time to individuals and small businesses.
YARD, FRONT
Shall mean an open space extending across the full width of the lot, the depth of which is either the minimum horizontal distance between the nearest point in the street line and the required setback line in the district or, as to improved lots, the minimum horizontal distance between the nearest point in the street line and the nearest part of the principal building.
YARD, REAR
Shall mean an open space extending the full width of the lot between the required rear yard setback of the district and the rear lot line. Only accessory structures shall be located in the rear yard in accordance with the provisions of this Chapter.
YARD, SIDE
Shall mean an open space extending from the front yard to the rear yard, which shall be measured horizontally from the nearest point of the side lot line toward the nearest part of the main building.
ZONING PERMIT
Shall mean a document signed by the Zoning Officer which is required as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conservation or installation of a structure or building and which acknowledges that such use, structure or building complies with all provisions of this Chapter or a variance therefrom duly authorized according to law.
[1978 Code § 12-404; Ord. #12/4/85]
Except as previously or hereinafter provided, it shall be unlawful to locate, relocate, erect, construct, reconstruct, enlarge or structurally alter any building or structure except in conformity with the regulations of the district in which such building or structure is located.
[1978 Code § 12-404; Ord. #12/4/85]
Except as previously or hereinafter provided, it shall be unlawful to use any land or building for any purpose other than is permitted in the district in which such land or building is located.
[1978 Code § 12-404; Ord. #12/4/85]
Nothing in this Chapter shall require any change in the plans, construction, size or designated use of any building, structure or part thereof for which any building permit has been granted before the enactment of this Chapter provided that construction from such plan shall be or shall have been started within 60 days from the date of issuance thereof and shall be diligently pursued to completion.
[1978 Code § 12-404; Ord. #12/4/85]
a. 
No open space contiguous to any building shall be encroached upon or reduced in any manner except in conformity to the yard, lot, lot area, building location, percentage of lot coverage, off-street parking space, and such other regulations designated elsewhere in this Chapter for the zone for which the building or space is located. In the event of any such unlawful encroachment or reduction, such building shall be deemed to be in violation of the provisions of this Chapter and the certificate of occupancy for such building shall become null and void.
b. 
No open space provided around any building for the purpose of complying with the provisions of this Chapter shall be considered as providing open space for any other building.
[1978 Code § 12-404; Ord. #12/4/85]
Within any residential district no building or structure shall be constructed or altered so as to be inharmonious with the residential character of the area. The following types of construction shall be considered not to be residential in character.
a. 
Store front types of construction.
b. 
Garage doors larger than needed for passenger automobiles, and recreational or commercial vehicles of not more than two and one-half (2 1/2) ton gross weight.
c. 
Exposed concrete block or cinder block wall surfaces.
[1978 Code § 12-404; Ord. #12/4/85; Ord. #2015-05; amended 12-13-2023 by Ord. No. 2023-16]
a. 
Noise Prohibited. It shall be unlawful for a person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which does or is likely to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of others. Specifically exempted hereunder is noise presumed not to be a nuisance pursuant to the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
1. 
The following acts, among others, are declared to be loud, unnecessary and disturbing and a danger to the health, safety and welfare of the community and its people, in violation of Subsection 20-4.6, but the enumeration shall not be deemed to be exclusive:
(a) 
Sound reproduction systems. Operating, playing or permitting the operation or playing of any radio, television, phonograph or similar device that reproduces or amplifies sound in such a manner as to create a noise disturbance or continued noise duration across a real property line that disrupts the peace, quiet and comfort for neighboring inhabitants.
(b) 
Loudspeakers and public-access systems. Using or operating of any loudspeaker, public-address system or other sound amplification device between the hours of 9:00 p.m. and 8:00 a.m. the following day.
(c) 
Animals and birds. Owning, possessing or harboring any pet animal or pet bird that frequently or for continued duration makes sounds that create a noise disturbance across a residential real property line as defined in Subsection 5-1.14, Noise Disturbances.
(d) 
Loading and unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, liquids, garbage cans, refuse or similar objects or the pneumatic or pumped loading or unloading bulk materials in liquid, gaseous, powder or pellet form or the compacting of refuse by persons engaged in the business of scavenging or garbage collection, whether private or municipal, between the hours of 9:00 p.m. and 7:00 a.m. the following day when the latter is a weekday and between the hours of 9:00 p.m. and 9:00 a.m. the following day when the latter is a legal holiday or a weekend day, except by permit, when the sound therefrom creates a noise disturbance across a residential real property line.
(e) 
Standing motor vehicles. Operating or permitting the operation of any motor vehicle whose manufacturer's gross weight is in excess of 10,000 pounds, or any auxiliary equipment attached to such a vehicle, for a period of longer than five minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion or emergency work, on a public right-of-way or public space within 350 feet of a residential area between the hours of 8:00 p.m. and 8:00 a.m. of the following day.
(f) 
Construction and demolition. Operating or permitting the operation of any tools or equipment used in construction, drilling, earthmoving, excavating or demolition work between the hours of 10:00 p.m. and 6:00 a.m. the following day on weekdays or on weekends and legal holidays between the hours of 10:00 p.m. and 6:00 a.m.
(g) 
The warming up or idling of buses, trucks or tractors and the unnecessary or unreasonable or repeated idling, acceleration and deceleration or starting and stopping of automobiles and motorcycles within 350 feet of a residence.
(h) 
Yelling, shouting, hooting, whistling or singing or the making of loud and disturbing noises by the use of clappers, bells, horns, musical instruments or similar devices at any time or place so as to unreasonably annoy or disturb the quiet, comfort or rest of any person in any residence, hospital, school, place of business, street or public place.
(i) 
Operating any off-road recreational vehicle, lawnmower, snowblower, weed trimmer or other similar noise emitting equipment and vehicles between the hours of 9:00 p.m. and 7:00 a.m. so as to unreasonably annoy or disturb the quiet, comfort or rest of any person in any residence, hospital, school, place of business, street or public place.
b. 
No objectionable smoke, fumes, or unusual odor shall be emitted from any building in any zone nor shall any accumulation of trash, garbage, offal, junk or the like be permitted, except those inherent to the specific zone.
c. 
The storage or display of merchandise for displays of civic groups in connection with projects approved by the Township Committee.
[1978 Code § 12-404; Ord. #12/4/85; Ord. #90-12; Ord. #05-04]
a. 
No lot shall have erected upon it more than one residential building except as otherwise specifically authorized in this Chapter.
b. 
An accessory building attached to the main building shall comply in all respects with the requirements of this Chapter applicable to the main building.
c. 
No accessory building or private parking area in a residence district shall be located in any front yard. For purposes of this provision a driveway shall not be considered a private parking area.
d. 
Accessory buildings in residence districts shall not exceed one and one-half (1 1/2) stories or twenty-one (21') feet in height. The space occupied shall not exceed 30% of the required side or rear yard.
e. 
In residence districts the minimum distance of any accessory building from an adjacent building or property line shall be five (5') feet.
f. 
Except as otherwise provided in this Chapter, no more than one principal use shall be permitted on any lot.
[1978 Code § 12-404; Ord. #12/4/85]
No commercial vehicle and not more than one school bus exceeding rated capacity as shown in chart below shall be parked or maintained on any premises in any agricultural or residential zone other than in an enclosed building, except on a working farm. School buses may be parked on school property.
Class
Weight (lbs.)
Examples
1
0 - 6000
Lt. duty plus 1/2, 3/4 and 1 ton pick ups.
2
6,000 - 10,000
"Camper" special chassis, Suburbans and Vans
3
10,000 - 14,000
Motorhome Chassis
[1978 Code § 12-404; Ord. #12/4/85]
Undersized lots may be used only in accordance with the provisions of subsection 20-5.6 of this Chapter.
[1978 Code § 12-404; Ord. #12/4/85]
Private swimming pools in residence districts whether inground or above ground shall conform to all yard and setback requirements for detached accessory structures of the zone in which located.
[1978 Code § 12-404; Ord. #12/4/85]
a. 
Public utility structures such as electrical substations, pumping stations, treatment facilities and line, pipes and similar transmission facilities shall be considered as permitted uses in any zone. New, expanded or extension uses shall be subject to site plan review by the Planning Board except that transmission lines, pipes and similar facilities using existing public or private rights-of-way are exempt from such review.
b. 
Extension of electric, gas, and other utility distribution lines to new residential buildings within an approved subdivision having three or more building lots, or to new multiple-occupancy or townhouse structures shall be made underground. Such extensions of service shall be made by the utility in accordance with the provisions governing and regulating the facility.
[1978 Code § 12-404; Ord. #12/4/85]
No cellar shall be counted as livable floor area in any district. Basements shall not be used for residential purposes in any nonresidential building.
[1978 Code § 12-404; Ord. #12/4/85]
Buffer strips shall be required for nonresidential development in a residential zone and a nonresidential development adjoining a residential zone.
[1978 Code § 12-404; Ord. #12/4/85; Ord. #00-09; Ord. #02-02]
All uses not expressly permitted in this Chapter shall be prohibited. The following designated uses shall be specifically prohibited:
a. 
Maintenance in any yard area or open space in any zone or district of any inoperable or junked automobile or vehicle except as otherwise specifically permitted by any provision of this Chapter.
b. 
Junkyards.
c. 
Sanitary landfills.
d. 
Slaughter houses.
e. 
Quarrying, soil removal or mining.
f. 
Tank farms.
g. 
Chemical plants.
h. 
Billboards.
i. 
(Reserved)
j. 
Dish antennae exceeding seven square feet of surface in front of a principal building. Dish antennae of any size are permitted in side or rear yards.
k. 
Any use not specifically permitted by the terms of this Chapter shall be deemed to be prohibited.
l. 
Commercial feed lots.
m. 
Poultry farming in aquifer overlay zones.
n. 
Sexually oriented businesses.
o. 
All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in section 3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies by a delivery service.
[Added 7-14-2021 by Ord. No. 2021-06]
[Ord. #08-10 § 1]
a. 
Preamble. It is the purpose of the Township to promote the utilization of solar collector systems in order to maximize the utilization of clean, safe and available energy systems using all present technological advances while minimizing the visual impact of those solar collector systems from surrounding properties.
b. 
Definitions.
1. 
SOLAR COLLECTOR SYSTEMS – An energy system which converts solar energy to usable hot water or electrical energy to meet all or a significant part of a building's energy requirements. As used in this Chapter, the primary application of a solar energy system is the conversion of solar radiation to either thermal energy to meet all or part of a building's heating and domestic hot water requirements or electricity to meet all or part of a building's electrical energy requirements.
2. 
SOLAR ACCESSORY BUILDING, STRUCTURE OR USE – A use that is subordinate to the principal building, structure or use and located on the same lot. Solar collector systems, as defined herein, are permitted accessory buildings, structures or uses in conjunction with residential, commercial and industrial buildings.
c. 
Zoning Regulations Pertaining to Solar Collector Systems.
1. 
Solar collector systems are permitted accessory structures and uses in all zone districts within the Township provided they are accessory to a principal use or structure permitted in the zone district.
2. 
The solar collector systems or structures shall comply with all side and rear setback requirements of the zoning district where they are located except as otherwise designated in this subsection.
3. 
When located within the side or rear yard setback limits of the Zoning Ordinance, no site plan approval is required for the separate solar collector system unless a site plan is required for the principal use to which the solar collector system is accessory; provided, however that the solar collector system shall comply with the design standards as required by this subsection. If a solar collector system is being added to an existing approved site, and the side and rear setback requirements are complied with, then no site plan approval is required and only the necessary construction code permits are required; provided, however, that the solar collector system complies with all design standards required in this subsection. If the solar collector system does not comply with the design standards referenced hereinafter, the applicant shall be required to obtain site plan approval from the Planning Board.
4. 
In order to obtain the required zoning permit for placement of a solar collector system in the front yard, the applicant for the permit shall demonstrate to the Zoning Officer that there is a minimum one hundred (100') feet of setback from the front property line to the solar collector system and that the solar collector system is necessary to be placed in the front yard in order for it to properly function and generate solar energy. The applicant, in demonstrating that the solar collector system can only function in the front yard shall provide written documentation from a qualified solar installer as to that necessity. The issuance of a permit in the front yard shall include a requirement that there shall be screening of the solar collector system from the road and from abutting properties.
5. 
Screening Design Standards. When a solar collector system is placed in the front yard, side or rear yards, the structure shall be screened as follows:
(a) 
Where natural screening is already in existence, no additional screening shall be required between the street, side or rear property line and the solar collector system unless the natural screening fails to obscure or shield the solar collector system from abutting property owners in accordance with the standards in this subsection.
(b) 
If the back of the solar collection system faces the street or side or rear property line, evergreen screening shall be planted along the back of the solar collector structure to obscure or shield the view of the solar collector structure from street, side and rear property lines.
(c) 
Where the front of the solar accessory structure faces the street, side or rear property line, evergreen screening shall be planted along the front of the solar accessory structure in such a manner as to obscure or shield the solar collection system when viewed from the street, side or rear property lines.
(d) 
Failure to comply with the screening design standards shall require the applicant to submit a minor site plan to the Planning Board.
(e) 
Roof Top Installations of Solar Collector Systems. If a property owner elects to install a solar collector system flush on a roof of an existing structure, only the necessary construction code permits shall be required. In the event that the solar collection system is within a 10% grade deviation from a flush mounting no additional permits shall be required. Deviations greater than 10% from flush mounting shall require site plan review from this design standard by the Planning Board and its approval thereof.
6. 
Installation within Historic Districts shall require the review of the Historic Commission for comment and review to the Zoning Office or Planning Board as the case may be.
[1978 Code § 12-405; Ord. #12/4/85]
Any nonconforming uses or structures existing as of the date of the adoption of this Chapter may be continued upon the lot or in the building so occupied and any structure may be restored or repaired in the event of partial destruction thereof.
[1978 Code § 12-405; Ord. #12/4/85]
No building in which a nonconforming use is conducted may be enlarged or expanded to cover a larger area than it occupied at the date of adoption of this Chapter. No nonconforming use may be extended, intensified or expanded over a larger area than it occupies at the time of enactment of this Chapter.
[1978 Code § 12-405; Ord. #12/4/85]
A structure which is nonconforming by reason of its intrusion into any required front or side yard areas may be enlarged, provided, however, that the existing nonconforming setbacks are not further encroached upon.
[1978 Code § 12-405; Ord. #12/4/85]
After a nonconforming building or structure or use has been converted to a permitted use it shall not be changed back again to a nonconforming use.
[1978 Code § 12-405; Ord. #12/4/85]
If a nonconforming use has been abandoned such use shall not be recommenced. Cessation of a nonconforming use for a continuous period of one year may be taken as prima facie evidence of an intent to abandon such use.
[1978 Code § 12-405; Ord. #12/4/85; Ord. #93-05; Ord. #99-01, § I]
Where a lot fails to meet the minimum lot width requirements for a district, the front, side and rear yard requirements can be reduced in accordance with the following table:
Existing Lot Width
Yard Reduction
149—119 feet
2 feet—front, side and rear
118—90 feet
5 feet—front, side and rear
89—0 feet
15 feet—side only
In no case shall the side or rear yard be less than ten (10') feet for an accessory building.
[1]
Editor's Note: Prior ordinance history includes 1978 Code § 12-406 and Ordinance No. 12/4/85, 95-03.
[Ord. #97-13, § 3]
The following principal uses shall be permitted in the LDAR and LDAR-H zones:
a. 
Single-family detached dwellings.
b. 
Agriculture.
c. 
Forest management programs.
[Ord. #97-13, § 3]
The following accessory uses shall be permitted in the LDAR and LDAR-H zones:
a. 
Private garages.
b. 
Home occupations and home professional offices.
c. 
Taking in of not more than two roomers or boarders.
d. 
Private tennis courts and swimming pools.
e. 
Signs as regulated.
f. 
Any use or structure found to be customarily incidental to a principal use.
[Ord. #97-13, § 3]
The following uses are permitted in the LDAR and LDAR-H zones only after review and approval by the Planning Board to assure compliance with the standards and criteria set forth in this Chapter:
a. 
Churches.
b. 
Group homes.
c. 
Public utility structures or uses as regulated in this Chapter.
d. 
Elder Cottage Housing.
[Ord. #97-13, § 3; Ord. #2001-05, § I; Ord. #05-04; Ord. #07-03, § II]
The following requirements are applicable in the Low Density Agricultural Residential District and the Low Density Agricultural Residential-Historic District:
a. 
Maximum gross tract density shall not exceed one unit or building per five acres. No rounding shall be permitted. Remainder lots shall count as a building lot, provided they meet the current density standards.
b. 
Minimum lot area: two acres.
1. 
All residential building lots shall include at least one contiguous acre which does not include critical areas as defined in this chapter.
2. 
The noncritical portion of the lot shall be of sufficient size to completely encapsulate the circle with a one hundred fifty (150') foot diameter.
c. 
Minimum building envelope, width and depth: one hundred fifty (150') feet.
d. 
Maximum lot coverage: 15% or 20,000 square feet, whichever is less.
e. 
Minimum front yard setback (excluding common drives as permitted otherwise in this chapter): one hundred (100') feet.
f. 
Minimum rear yard setback: seventy-five (75') feet.
g. 
Minimum side yard setback: fifty (50') feet.
h. 
Maximum building height: principal structure thirty-five (35') feet or two and one-half (2-1/2) stories, whichever is less.
i. 
Accessory structure: one and one-half (1 1/2) stories or twenty-one (21') feet, whichever is less.
j. 
Accessory structure: Accessory structures shall be located at least thirty (30') feet from any side or rear property line.
k. 
Accessory structures are prohibited in front yard areas except as specifically permitted in this Chapter.
[Ord. #97-13, § 3]
As required by this Chapter.
[Ord. #97-13, § 3; Ord. #07-03, §§ III—VII]
a. 
Lot Frontage. Where a lot abuts an off-site public street, the minimum road frontage shall be two hundred fifty (250') feet. Lots legally in existence prior to the adoption of this provision with at least fifty (50') feet of frontage may continue to be developed without the need for variance relief provided that all other standards of this chapter are met.
b. 
Lots utilizing common driveway for access shall not be required to have frontage on a public street.
c. 
Locating Building Envelopes. These standards aim to ensure that the disturbed areas of any parcel are to be hidden, not visible, from public roads, to the maximum extent practical. They are to be situated so as to minimize the impact of construction on the sensitive environment and to protect the rural character of the area. The standards are as follows:
1. 
Building envelope shall avoid open fields.
2. 
Building envelope shall be located at the edges of fields and in wooded areas to minimize the visual impact of development.
3. 
Building envelopes shall not include critical areas or minimum yard requirements. Building envelopes shall not include areas with steep slopes in excess of 20%. With the exception of driveway improvements, no structure shall be located within seventy-five (75') feet of a 25% slope.
4. 
Building envelope shall not include areas with slopes in excess of 30%.
5. 
Wooded lots shall retain a minimum treed buffer of thirty (30') feet between the building envelope and any street line.
6. 
No lot disturbance shall be permitted within one hundred (100') feet of the top of the bank of any watercourse.
7. 
All potable wells and septic systems shall be located within the building envelope.
d. 
Design Standards for Public Roads:
1. 
Right-of-way widths: fifty (50') feet.
2. 
Cartway width: twenty-four (24') feet.
3. 
Maximum number of units per dead-end street: twenty-five (25') feet.
4. 
Minimum distance between access points on off-site public roadways: two hundred (200') feet.
5. 
Access point shall include individual and common driveways and on-site public roadways.
e. 
Driveways. It is the intent of this section to utilize private drives for access to residential lots providing the following standards are satisfied:
1. 
The number of driveways accessing off-site public streets shall be kept to a minimum.
2. 
The appropriate use of common driveway is encouraged. Where lots will access an off-site public street, common driveways may be used, where appropriate, to minimize the number of curb cuts required.
3. 
The maximum number of units served by a common driveway shall be four.
4. 
Minimum common driveway width: twelve (12') feet paved with two (2') foot graded and stoned shoulders.
5. 
Paving shall be required on individual driveways where driveway grades are in excess of 6%.
6. 
Maximum length of common driveway: one thousand (1,000') feet. This distance shall be measured as the length of the common portion of any driveway. Additional individual driveway lengths are not included.
7. 
Maximum driveway grade for common or individual driveways shall be 12%.
8. 
All driveways in excess of five hundred (500') feet shall provide a 10-30 turnout.
9. 
All lots using common driveways shall provide a driveway maintenance agreement to be reviewed and approved by the Board's professionals. The maintenance agreement shall include an escrow fund to ensure that the driveway will be maintained. It shall be created by the developer who will determine the amount.
f. 
Deed Restrictions.
1. 
Conservation easement/deed restrictions. Conservation easements shall be required for all wetlands areas and required transition areas.
2. 
Sensitive areas located outside of building envelopes shall contain conservation easements. These include slopes in excess of 25%, flood plains, wetlands, wetlands transition areas, and open water bodies.
3. 
The maximum tract density of the original tract shall not be exceeded. If lots are created which are 10 or more acres in size, and tract density has been fully utilized, these lots shall include a deed restriction against further subdivision.
g. 
Retaining Walls.
1. 
Maximum retaining wall height: five (5') feet.
2. 
No retaining wall shall be located closer than twenty-five (25') feet to any other retaining wall.
[Ord. #97-13, § 3]
In the LDAR-H Zone every effort shall be made to conceal new development from the road.
a. 
Buildings shall be located in wooded field edges as opposed to open fields.
b. 
Driveways and roadways should follow existing linear features on the site such as tree lines and stone rows.
c. 
In the event that site conditions would preclude the substantial screening of new development, as would be the case for level, open fields; new development shall be required to consider the recommendations of the Historic District Commission.
[1]
Editor's Note: Prior ordinance history includes portions of 1978 Code § 12-406 and Ordinance Nos. 12/4/85 and 93-05.
[Ord. #97-13, § 4; Ord. #08-09, § 1]
Same as LDAR and LDAR-H.
[Ord. #97-13, § 4; Ord. #08-09, § 1]
Same as LDAR and LDAR-H.
[Ord. #97-13, § 4; Ord. #08-09, § 1]
Same as LDAR and LDAR-H.
[Ord. #97-13, § 4; Ord. #08-09, § 1]
a. 
Minimum lot area: one-half (.5) acre
b. 
Minimum lot width: seventy-five (75') feet
c. 
Minimum front yard: none
d. 
Minimum side yards (each): 10% of lot width
e. 
Minimum rear yard: twenty-five (25') feet
[Ord. #97-13, § 5; Ord. #01-04, § 1; amended 4-14-2021 by Ord. No. 2021-04]
a. 
Development within the family amusement park area shall be limited to family amusement park activities as defined hereinafter.
b. 
"Family amusement parks" shall be defined as land areas designed, operated and maintained as a single development entity oriented to the enjoyment of children 12 years and under, accompanied by their family and/or guardian with rides and amusements designed for their joint participation. No ride or amusement shall be authorized with an orientation for teenagers or adults solely.
c. 
Bulk Standards and Dimensional Requirements.
1. 
Minimum setbacks: All family amusement parks shall provide an undeveloped buffer area at least 50 feet measured at right angles interior to the periphery of the family amusement park zone. The minimum setback for parking area shall be 25 feet from the property line with the area to be maintained with natural vegetation.
2. 
Minimum tract frontage on a public street will be 1,000 feet on a public roadway under the jurisdiction of Warren County.
3. 
Maximum height shall be 100 feet for amusement rides and 30 feet for principal and accessory structures; provided that the thirty-foot height limitation shall not apply to such architectural reliefs as spires, cupolas, belfries and the like; provided further that such architectural relief structures shall not be authorized for human occupancy or use above 30 feet.
4. 
Maximum lot coverage will be 65%. Except as further set forth in this section, coverage shall include the footprint of all buildings and structures as defined in this Chapter, together with the area occupied by rides, amusements and eating facilities. Parking areas shall not be included in the calculation of coverage. Calculation of coverage for amusement rides shall include the footprint of the amusement ride resting on the ground or, in the case of amusement rides or attractions extending horizontally above the ground, the area directly beneath the extensions. The margin between the area just described, and any fence surrounding the amusement ride or attraction, shall not be included in the calculation of coverage. Booths or temporary structures housing amusement games or arcade games regulated under the Amusement Games Control Act would be excluded from calculation of coverage.
5. 
Family amusement parks shall be authorized to operate seven days a week from March 1 through December 31. The closing hours of operation for the family amusement park shall be 11:00 p.m. Operations may be extended beyond 11:00 p.m. at the discretion of the Hope Township Planning Board, based on a finding that there will be no detriment to the health, safety or welfare of the citizens and residents of the Township of Hope.
[1]
Editor's Note: Former Section 20-8, R-3 Mountain Residential and Agricultural District previously codified herein and containing portions of 1978 Code § 12-406 and Ordinance Nos. 12/4/85 and 95-03 was repealed in its entirety by Ordinance No. 97-13.
[Ord. #97-13, § 5; Ord. #01-04, § 2; amended 4-14-2021 by Ord. No. 2021-04]
a. 
Principal Uses:
1. 
Buildings, amusement rides, amusement games and other structures organized, oriented and operated for the enjoyment of children accompanied by their families and/or guardians. For pre-existing amusement parks, in addition to the existing rides, not more than 14 additional licensed amusement games and an additional 50 arcade games. Amusement games and arcade games are subject to limitations set forth in the Amusement Games Ordinance. For the purposes of this section, the term "amusement ride" shall be defined as provided in the rules and regulations promulgated by the New Jersey Department of Labor.
2. 
Food and soft drink concessions for park patrons.
3. 
Educational and historical displays, museums, entertainment shows, theatrical productions and attractions oriented to children and their families.
4. 
Grounds and facilities equipped for the conduct of outdoor sports geared for the enjoyment of children of 12 years of age and under accompanied by their families and/or guardians.
5. 
Picnic areas including accessory structures such as gazebos and similar facilities for preparation and consumption of food and beverages provided, however, that the facilities are for use by park patrons.
6. 
Shops, booths and outdoor areas for the sale of athletic goods, souvenirs, toys or similar merchandise to park patrons. Only retail uses deemed to be accessory and appurtenant to the amusement park shall be permitted. General retail sales and services are expressly prohibited.
7. 
Aquatic activities including water slides, wading areas and the like provided, however, that no swimming pool facilities shall be constructed on site with the principal use for swimming activities.
8. 
Any use not expressly permitted shall be prohibited.
b. 
Accessory uses.
1. 
Storage buildings and garages.
2. 
Other accessory uses customary and incidental to the principal permitted use including fences, ride control booths, restroom facilities and similar structures.
3. 
First-aid structures.
c. 
Review Procedures.
1. 
Uses and facilities existing at the time of passage of this subsection within any existing amusement park are permitted to continue without site plan or other municipal approvals. However, any additional or substitute amusement rides, attractions and any other structures will require construction permits, zoning permits and site plan approval as required by applicable ordinances, codes and statutes of Hope Township, Warren County and the State of New Jersey, except as provided in this chapter.
2. 
Exceptions to site plan approval requirement. No site plan approval will be required for the replacement of an amusement ride within a circle of 50 feet in diameter, centered on the location of any existing amusement ride. Existing railroad rides shall be deemed excepted from this requirement. In the event an amusement ride exceeds the area of a circle 50 feet in diameter, then the replacement may cover a similar area.
3. 
No site plan approval shall be required for the location of amusement rides. A zoning permit shall be required for any new amusement ride. The permit shall be issued based upon compliance with all applicable bulk and design standards of this section. The term "amusement ride" shall include any reasonably necessary surface or subsurface improvement, such as concrete supports or utilities. Any amusement ride requiring variances or waivers shall require site plan review by the Planning Board. Nothing herein shall be construed as exempting other buildings and structures from site plan approval.
[1]
Editor's Note: Former Section 20-9, R-4 Lake Residential District, previously codified herein and containing portions of 1978 Code § 12-406 and Ordinance Nos. 12/4/85, 93-05, 95-03 and 95-05 was repealed in its entirety by Ordinance No. 97-13.
[1]
Editor's Note: Former Section 20-10, R-5, Historical and Agricultural District, previously codified herein and containing portions of 1978 Code § 12-406 and Ordinance Nos. 12/4/85 and 95-03 was repealed in its entirety by Ordinance No. 97-13.
[1]
Editor's Note: Former Section 20-11, R-6, Valley Residential and Agricultural District, previously codified herein and containing portions of 1978 Code § 12-408 and Ordinance Nos. 12/4/85, 91-05, 93-05 and 95-03 was repealed in its entirety by Ordinance No. 97-13.
[1]
Editor's Note: Former Section 20-12, R-7 Historical Valley Residential and Agricultural District, previously codified herein and containing portions of 1978 Code § 12-406 and Ordinance Nos. 12/4/85 and 95-03 was repealed in its entirety.
[1978 Code § 12-406; Ord. #12/4/85; Ord. #92-07]
The following uses and structures shall be permitted in the HMH Hope Moravian Historical District, subject to the provisions of Section 20-21 and the Historic District Commission Review.
a. 
Single-family residences.
b. 
Business and professional offices.
c. 
Retail shopping facilities or service establishments, such as, a grocery store, delicatessen, meat market, drug store, variety store, department store, clothing and apparel store, bakery, luncheonette, barber shop, beauty parlor, photographers, sport shop, shoe repair shop, clothes cleaning and laundry pick-up establishments, paint or hardware store, furniture store, bank business, television and appliance sales and service.
d. 
Automobile parking lots.
e. 
Not exceeding one apartment above commercial establishments provided it complies with the minimum standards for light and ventilation and the minimum space and use location requirements of Township health and housing codes and with all provisions of state law.
f. 
Any other use that is determined by the Zoning Board of Adjustment to be of the same general character as the above permitted uses.
g. 
Public schools.
[1978 Code § 12-406; Ord. #12/4/85]
The following accessory uses shall be permitted in the HMH District:
a. 
Home professional uses.
b. 
Uses customarily accessory to the enumerated permitted uses.
The following uses are permitted only after review and approval by the Planning Board to assure compliance with the standards and criteria set forth in Section 20-22.
a. 
Restaurants.
b. 
Taverns.
c. 
Hotels.
d. 
Group homes.
e. 
Conversion of existing buildings for professional office use.
[1978 Code § 12-406; Ord. #12/4/85; Ord. #05-04]
The following requirements are applicable in the HMH District:
a. 
Minimum lot area: 40,000 square feet.
b. 
Minimum lot width: one hundred (100') feet.
c. 
Minimum lot depth: one hundred (100') feet.
d. 
Maximum lot coverage: 25%.
e. 
Front yard: none required.
f. 
Side yards: one side yard of fifteen (15') feet if required to give access to parking in the rear of the building.
g. 
Maximum building height:
Principal structure: thirty-five (35') feet or two stories, whichever is less.
Accessory structure: one and one-half (1 1/2) stories or twenty-one (21') feet, whichever is less.
h. 
Accessory structures. All accessory structures shall be located a minimum of five (5') feet from any side or rear property line. Accessory structures are prohibited in front yard areas.
[1978 Code § 12-406; Ord. #12/4/85]
As required by Section 20-23.
[1978 Code § 12-406; Ord. #12/4/85; Ord. #02-02]
The following uses and structures shall be permitted in the POP Planned Office Park Districts.
a. 
Business offices.
b. 
Agriculture.
c. 
Alternative treatment centers licensed by the State of New Jersey, Department of Health, Medicinal Marijuana Division.
[Added 10-10-2018 by Ord. No. 2018-04]
[1978 Code § 12-406; Ord. #12/4/85]
The following accessory uses shall be permitted in the POP Planned Office Park Districts:
a. 
Uses customarily accessory to the enumerated permitted uses.
[1978 Code 12-406; Ord. #12/4/85; Ord. #88-06 § 4; Ord. #02-02]
The following uses are permitted only after review and approval by the Planning Board to assure compliance with the standards and criteria set forth in Section 20-22:
a. 
Hotels and motels.
b. 
Restaurants.
c. 
Hospitals.
d. 
Automobile Repair Facilities.
[Amended 7-13-2022 by Ord. No. 2022-05]
e. 
Animal hospitals.
f. 
Research facilities.
g. 
Selected light industrial uses and warehousing.
[1978 Code § 12-406; Ord. #12/4/85; Ord. #88-06 § 5]
The following requirements are applicable in the POP Office Districts:
a. 
Minimum lot area: four net acres (net lot area shall be that portion of the lot remaining after removal of slopes in excess of 15% and mapped wetlands as defined by State statute.)
b. 
Minimum lot width: three hundred fifty (350') feet.
c. 
Minimum lot depth: four hundred (400') feet.
d. 
Maximum lot coverage: 40%.
e. 
Front yard: one hundred (100') feet.
f. 
Side yards: fifty (50') feet.
g. 
Rear yard: sixty (60') feet.
h. 
Maximum building height:
Principal structures other than hotels: thirty (30') feet or two and one-half (2 1/2) stories, whichever is less.
Accessory structure: twenty-five (25') feet.
i. 
Accessory structures. All accessory structures shall be located fifty (50') feet from any side or rear property line. Accessory structures are prohibited in front yard areas except as specifically permitted in this Chapter.
[1978 Code § 12-406; Ord. #12/4/85]
As required by Section 20-23, but no parking or paving shall be permitted within the required side or rear yards.
[1]
Editor's Note: Former Section 20-15, P-Public Parks and Open Space District, previously codified herein and containing portions of 1978 Code § 12-406 and Ordinance No. 12/4/85 was repealed in its entirety by Ordinance No. 97-13.
[1]
Editor's Note: Former Section 20-16, RA-Residential Apartments District, previously codified herein and containing portions of 1978 Code § 12-406 and Ordinance No. 12/4/85 was repealed in its entirety by Ordinance No. 97-13.
[1978 Code § 12-406; Ord. #12/4/85]
The following uses and structures shall be permitted in the NC Neighborhood Commercial District, subject to all provisions of Section 20-21.
a. 
General and professional office uses and buildings.
b. 
Retail shopping facilities or service establishments such as, a grocery store, post office, delicatessen, meat market, drug store, variety store, department store, clothing and apparel store, bakery, luncheonette, barber shop, beauty parlor, photographers, sport shop, shoe repair shop, clothes cleaning and laundry pick-up establishments, paint or hardware store, furniture store, bank business, television and appliance sales and service.
c. 
Automobile parking lots.
d. 
Any other use that is determined by the Zoning Board of Adjustment to be of the same general character as the above permitted uses.
[1978 Code § 12-406; Ord. #12/4/85]
The following accessory uses shall be permitted in the NC Neighborhood Commercial District:
a. 
Uses customarily accessory to the enumerated permitted uses.
[1978 Code § 12-406; Ord. #12/4/85]
The following uses are permitted only after review and approval by the Planning Board to assure compliance with the standards and criteria set forth in Section 20-22.
a. 
Restaurants.
b. 
Taverns.
c. 
Hotels and Motels.
[1978 Code § 12-406; Ord. #12/4/85]
The following requirements are applicable in the NC Neighborhood Commercial District:
a. 
Minimum lot area: 175,000 square feet.
b. 
Minimum lot width: five hundred (500') feet.
c. 
Minimum lot depth: three hundred (300') feet.
d. 
Maximum lot coverage: 60%.
e. 
Front yard: eighty (80') feet.
f. 
Side yards: fifty (50') feet.
g. 
Rear yard: seventy (70') feet.
h. 
Maximum building height:
Principal structure: thirty (30') feet or two stories, whichever is less.
Accessory structures: not permitted.
[1978 Code § 12-406; Ord. #12/4/85]
As required by Section 20-23.
[1]
Editor's Note: Former Section 20-18, I-P Industrial Park District, previously contained herein, has been repealed in its entirety by Ordinance No. 88-06 § 6.
[1]
Editor's Note: Former subsections 20-19.1 through 20-19.7 and 20-19.12, 20-19.13, pertaining to the R-1, R-2, R-3, R-4, R-5, R-6, R-7, RA and P zone districts respectively, previously codified herein and containing portions of 1978 Code § 12-406 and Ordinance No. 12/4/85, were repealed in their entirety by Ordinance No. 97-13.
[1978 Code § 12-406; Ord. #12/4/85]
The purpose of this district is to preserve the historical character of the Village of Hope and to provide some additional vacant area surrounding the present district providing for reasonable future extension of the Village. A number of commercial uses in keeping with the character of the historic village are permitted.
[1978 Code § 12-406; Ord. #12/4/85; Ord. #88-06 § 7]
This district is located in close proximity to Interstate Route 80 interchange at the Hope/Blairstown Road intersection and is particularly suited for future office, research laboratory, and other nonresidential developments. This district contains a conditional use for light industry and warehousing which is intended to provide space for potential new light industries wishing to locate in an industrial park while accessible to Interstate Route 80 and capable of adapting to the environmental restraints of the zone. It is intended to limit future uses to industries that are small or moderate water users and of the type that are not likely to cause pollution or any other type of environmental degradation.
[1]
Editor's Note: Subsection 20-19.10 I-P Industrial Park-Light Industry and Warehousing, previously contained herein, has been repealed in its entirety by Ordinance No. 88-06 § 8.
[1978 Code § 12-406; Ord. #12/4/85]
It is the purpose of this district to provide for the convenience shopping and service needs of the Hope community in a readily accessible location, centrally located with safe accessibility and adequate off-street parking supplementing and surrounding the permitted commercial facilities. It is also intended that the commercial area be designated for retail shopping with shared parking, service drives, landscaping and buffers.
[Ord. #06-08; amended 3-24-2021 by Ord. No. 2021-02]
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 § 20-20.1e.
c. 
Applicability.
1. 
This section shall be applicable to the following major developments:
(a) 
Non-residential major developments; and
(b) 
Aspects of residential major developments that are not pre-empted by the Residential Site Improvement Standards at N.J.A.C. 5:21.
2. 
This section shall also be applicable to all major developments undertaken by Township of Hope.
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.
e. 
Definitions. For the purpose of this section, the following terms, phrases, words and their 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 the corresponding definitions in the Stormwater Management Rules at N.J.A.C. 7:8-1.2.
CAFRA CENTERS, CORES OR NODES
Those areas with boundaries incorporated by reference or revised by the Department in accordance with N.J.A.C. 7:7-13.16.
CAFRA PLANNING MAP
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).
COMMUNITY BASIN
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.
COMPACTION
The increase in soil bulk density.
CONTRIBUTORY DRAINAGE AREA
The area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself.
CORE
A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
COUNTY REVIEW AGENCY
An agency designated by the Board of County Commissioners to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:
1. 
A county planning agency; or
2. 
A county water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.
DEPARTMENT
The Department of Environmental Protection.
DESIGN ENGINEER
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.
DESIGNATED CENTER
A State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.
DEVELOPMENT
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. In the case of 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.
DISTURBANCE
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.
DRAINAGE AREA
A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving waterbody or to a particular point along a receiving waterbody.
EMPOWERMENT NEIGHBORHOODS
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.
ENVIRONMENTALLY CONSTRAINED AREA
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.
ENVIRONMENTALLY CRITICAL AREA
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.
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice, or gravity.
GREEN INFRASTRUCTURE
A stormwater management measure that manages stormwater close to its source by:
1. 
Treating stormwater runoff through infiltration into subsoil;
2. 
Treating stormwater runoff through filtration by vegetation or soil; or
3. 
Storing stormwater runoff for reuse.
HUC 14 or HYDROLOGIC UNIT CODE 14
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.
IMPERVIOUS SURFACE
A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
INFILTRATION
The process by which water seeps into the soil from precipitation.
LEAD PLANNING AGENCY
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.
MAJOR DEVELOPMENT
1. 
Means an individual "development," as well as multiple developments that individually or collectively result in:
(a) 
The disturbance of one or more acres of land since February 2, 2004;
(b) 
The creation of 1/4 acre or more of "regulated impervious surface" since February 2, 2004;
(c) 
The creation of 1/4 acre or more of "regulated motor vehicle surface" since March 2, 2021; or
(d) 
A combination of Subsection e1(b) and (c) above that totals an area of 1/4 acre or more. The same surface shall not be counted twice when determining if the combination area equals 1/4 acre or more.
2. 
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 Subsection e1(a), (b), (c), or (d) 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.
MOTOR VEHICLE
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.
MOTOR VEHICLE SURFACE
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.
MUNICIPALITY
Any city, borough, town, township, or village.
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL or BMP MANUAL
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 § 20-20.2b6 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.
NODE
An area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.
NUTRIENT
A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
PERSON
Any individual, corporation, company, partnership, firm, association, political subdivision of this state and any state, interstate or federal agency.
POLLUTANT
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.
RECHARGE
The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
REGULATED IMPERVIOUS SURFACE
Any of the following, alone or in combination:
1. 
A net increase of impervious surface;
2. 
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);
3. 
The total area of impervious surface proposed to be newly collected by an existing stormwater conveyance system; and/or
4. 
The total area of impervious surface collected by an existing stormwater conveyance system where the capacity of that conveyance system is increased.
REGULATED MOTOR VEHICLE SURFACE
Any of the following, alone or in combination:
1. 
The total area of motor vehicle surface that is currently receiving water;
2. 
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.
SEDIMENT
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.
SITE
The lot or lots upon which a major development is to occur or has occurred.
SOIL
All unconsolidated mineral and organic material of any origin.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)
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.
STATE PLAN POLICY MAP
The geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.
STORMWATER
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.
STORMWATER MANAGEMENT BMP
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).
STORMWATER MANAGEMENT MEASURE
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.
STORMWATER MANAGEMENT PLANNING AGENCY
A public body authorized by legislation to prepare stormwater management plans.
STORMWATER MANAGEMENT PLANNING AREA
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.
STORMWATER RUNOFF
Water flow on the surface of the ground or in storm sewers, resulting from precipitation.
TIDAL FLOOD HAZARD AREA
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.
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
A neighborhood given priority access to state resources through the New Jersey Redevelopment Authority.
URBAN ENTERPRISE ZONES
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.
URBAN REDEVELOPMENT AREA
Previously developed portions of areas:
1. 
Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;
2. 
Designated as CAFRA Centers, Cores or Nodes;
3. 
Designated as Urban Enterprise Zones; and
4. 
Designated as Urban Coordinating Council Empowerment Neighborhoods.
WATER CONTROL STRUCTURE
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.
WATERS OF THE STATE
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.
WETLANDS or WETLAND
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.
a. 
Design and Performance Standards for Stormwater Management Measures.
1. 
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:
(a) 
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.
(b) 
The minimum standards for groundwater recharge, stormwater quality, and stormwater runoff quantity shall be met by incorporating green infrastructure.
2. 
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.
b. 
Stormwater Management Requirements for Major Development.
1. 
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with § 20-20.8.
2. 
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).
3. 
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 20-20.2b16, 17, 18:
(a) 
The construction of an underground utility line provided that the disturbed areas are revegetated upon completion;
(b) 
The construction of an aboveground utility line provided that the existing conditions are maintained to the maximum extent practicable; and
(c) 
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.
4. 
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 20-20.2b15, 16, 17 and 18 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:
(a) 
The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;
(b) 
The applicant demonstrates through an alternatives analysis, that through the use of stormwater management measures, the option selected complies with the requirements of § 20-20.2b15, 16, 17 and 18 to the maximum extent practicable;
(c) 
The applicant demonstrates that, in order to meet the requirements of § 20-20.2b15, 16, 17 and 18, existing structures currently in use, such as homes and buildings, would need to be condemned; and
(d) 
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 § 20-20.2b4(c) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of § 20-20.2b15, 16, 17 and 18 that were not achievable onsite.
5. 
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 § 20-20.2b15, 16, 17 and 18. 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.
6. 
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 below 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
Stormwater Runoff Quality TSS Removal Rate
(percent)
Stormwater Runoff Quantity
Groundwater Recharge
Minimum Separation from Seasonal High Water Table
(feet)
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 below 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 § 20-20.2b15(b);
(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 § 20-20.1e;
(h)
Manufactured treatment devices that do not meet the definition of "green infrastructure" at § 20-20.1e.
7. 
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 § 20-20.4b. Alternative stormwater management measures may be used to satisfy the requirements at § 20-20.2b15 only if the measures meet the definition of green infrastructure at § 20-20.1e. Alternative stormwater management measures that function in a similar manner to a BMP listed at § 20-20.2b15(b) are subject to the contributory drainage area limitation specified at § 20-20.2b15(b) 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 § 20-20.2b15(b) 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 § 20-20.2b4 is granted from § 20-20.2b15.
8. 
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.
9. 
Design standards for stormwater management measures are as follows:
(a) 
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);
(b) 
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 one-third the width of the diameter of the orifice or one-third 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 § 20-20.5c;
(c) 
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;
(d) 
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at § 20-20.5; and
(e) 
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.
10. 
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 § 20-20.1e may be used only under the circumstances described at § 20-20.2b15(d).
11. 
Any application for a new agricultural development that meets the definition of major development at § 20-20.1e shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at §§ 20-20.2b15, 16, 17 and 18 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.
12. 
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 20-20.2b16, 17, and 18 shall be met in each drainage area, unless the runoff from the drainage areas converge on site 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.
13. 
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Office of Warren County Clerk. 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 § 20-20.2b15, 16, 17 and 18 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 § 20-20.8b5. 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 municipality.
14. 
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 § 20-20.2b 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 Warren 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 Subsection b13 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 Subsection b13 above.
15. 
Green Infrastructure Standards.
(a) 
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.
(b) 
To satisfy the groundwater recharge and stormwater runoff quality standards at § 20-20.2b16 and 17, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at § 20-20.2b6 and/or an alternative stormwater management measure approved in accordance with § 20-20.2b7. 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 3 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
(c) 
To satisfy the stormwater runoff quantity standards at § 20-20.2b18 design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with § 20-20.2b7.
(d) 
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 20-20.2b4 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 § 20-20.2b7 may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 20-20.2b16, 17, and 18.
(e) 
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 § 20-20.2b16, 17, 18, unless the project is granted a waiver from strict compliance in accordance with § 20-20.2b4.
16. 
Groundwater Recharge Standards.
(a) 
This subsection contains the minimum design and performance standards for groundwater recharge as follows.
(b) 
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at § 20-20.3, either:
(1) 
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
(2) 
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.
(c) 
This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to Subsection b16(d) below.
(d) 
The following types of stormwater shall not be recharged:
(1) 
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
(2) 
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.
17. 
Stormwater Runoff Quality Standards.
(a) 
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.
(b) 
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:
(1) 
80% 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.
(2) 
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.
(c) 
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 Subsection b17(b) 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.
(d) 
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
(e) 
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.
(f) 
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 § 20-20.2b16, 17, and 18.
(g) 
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.
(h) 
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.
(i) 
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.
(j) 
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.
18. 
Stormwater Runoff Quantity Standards.
(a) 
This subsection contains the minimum design and performance standards to control stormwater runoff quantity impacts of major development.
(b) 
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § 20-20.3, complete one of the following:
(1) 
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;
(2) 
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;
(3) 
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
(4) 
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection b18(b)(1), (2) and (3) above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.
(c) 
The stormwater runoff quantity standards shall be applied at the site's boundary to each abutting lot, roadway, watercourse, or receiving storm sewer system.
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/2014NJSoilErosionControlStandardsComplete.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 § 20-20.3a1(a) and the Rational and Modified Rational Methods at § 20-20.3a1(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.
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.
a. 
Site design features identified under § 20-20.2b6 above, or alternative designs in accordance with § 20-20.2b7 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 subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see § 20-20.5a2 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 7.0 square inches, or is no greater than 0.5 inch across the smallest dimension.
(1) 
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 7.0 square inches, or be no greater than 2.0 inches across the smallest dimension.
2. 
The standard in Subsection 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 9.0 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 5/8 (4.625) inches long and 1 1/2 (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.
Note that 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.
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 § 20-20.6c1, 2, and 3 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 § 20-20.6c, a freestanding 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 § 20-20.6e 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.
20 Safety Ledge Illustration.tif
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 § 20-20.7c 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.
3. 
The applicant shall submit 20 copies of the materials listed in the checklist for site development stormwater plans in accordance with § 20-20.7c of 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 to determine if the project meets the standards set forth in this section.
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 equals 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 floodplains 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 §§ 20-20.3 through 20-20.5 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 predevelopment and post-development conditions for the design storms specified in § 20-20.4 of this section.
(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 on-site 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 § 20-20.8.
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 § 20-20.7c1 through 6 of this section 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.
a. 
Applicability. Projects subject to review as in § 20-20.1c of this section shall comply with the requirements of § 20-20.8b and c.
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 § 20-20.8b3 above is not a public agency, the maintenance plan and any future revisions based on § 20-20.8b7 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 § 20-20.8b3 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 § 20-20.8b6 and 7 above.
8. 
The requirements of § 20-20.8b3 and 4 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.
c. 
Nothing in this subsection shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this section shall be subject to penalties as set forth in § 19-8 of the Land Development Ordinance for the Township of Hope.
Each section, subsection, sentence, clause and phrase of this section is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this section to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this section.
This section shall be in full force and effect from and after its adoption and any publication as required by law.
[1978 Code § 12-408; Ord. #12/4/85; Ord. #97-13, § 13]
a. 
The Planning Board shall exert every reasonable effort to ensure that new construction within the Historic Low Density Agricultural Residential and HMH Districts will comply with the spirit and intent of preserving and augmenting the historic values and historic character of Hope. New construction shall be of an architectural design which will be compatible with the historic buildings in the village and outlying areas, recognizing that new building materials, new technology and different lifestyles exist today as compared to the period when the historic buildings were constructed. All applicants shall comply with applicable provisions and regulations of the Historic District Commission.
[1978 Code § 12-409; Ord. #12/4/85]
A living evergreen screen shall be provided along all property lines abutting residential properties. Where screening is required under the regulations for specific conditional uses, those standards shall prevail; where no such screening is otherwise provided, then such screening shall be approved by the Planning Board.
[1978 Code § 12-409; Ord. #12/4/85]
A church, including parish house or Sunday School building shall be located on a lot having not less than five acres. If a parsonage or other dwelling unit shall be located on the same lot as the place of worship then a minimum of six acres shall be required. Height limit for towers or spires shall be fifty (50') feet above grade level. Off-street parking shall be provided on the basis of one space for each three seats or one space for each seventy-two (72") inches of seating space when benches rather than seats are used.
[198 Code § 12-409; Ord. #12/4/85]
Minimum tract size 10 acres. There shall be a one hundred (100') foot buffer strip between school, athletic field, playgrounds and parking lots and adjoining residential districts with evergreen or other appropriate plantings as approved by the municipal agency.
[1978 Code § 12-409; Ord. #12/4/85]
All hotels shall meet the following minimum requirements:
a. 
No principal or accessory building shall be closer than one hundred (100') feet to any property line, nor shall off-street parking spaces be located closer than fifty (50') feet to any property line.
b. 
An evergreen planting to form a visual screen shall be provided within a depth of fifty (50') feet between any hotel site and an abutting residential district. The width of such screen shall be determined by the Municipal Agency.
c. 
Off-street parking shall be adequate to provide for peak loads of employees and guests.
d. 
POP Zone: height limitation of thirty-five (35') feet or two stories, HMH Zone: height limitation of thirty-five (35') feet or two stories, whichever is less, maximum building on tract 30%.
e. 
No pavement is to be placed on any portion of a tract located in an aquifer protection area.
f. 
Connection to a sewer shall be provided, if available otherwise an acceptable tertiary treatment plant approved by the State Department of Environmental Protection shall be provided.
[1978 Code § 12-409; Ord. #12/4/85]
Motels shall meet all requirements established in subsection 20-22.4 except as follows:
a. 
Height limitations: two stories or thirty-five (35') feet.
[1978 Code § 12-409; Ord. #12/4/85]
Restaurants and taverns shall meet the following minimum requirements:
a. 
Height limitations: two stories or thirty-five (35') feet.
b. 
Off-street parking shall be provided on the basis of one space for each three seats of seating capacity, plus one for every employee.
c. 
Off-street parking shall be provided no closer than twenty (20') feet to any property line.
[1]
Editor's Note: Former subsections 20-22.7 through 20-22.9 pertaining to Cluster Developments, Large Lot Developments and Hospitals, respectively, previously codified herein and containing portions of 1978 Code § 12-409 and Ordinance Nos. 12/4/85 and 93-05 were repealed in their entirety by Ordinance No. 97-13.
[1978 Code § 12-409; Ord. #12/4/85]
Professional office buildings shall meet the following minimum requirements:
a. 
All parking shall be located in rear or side yards.
b. 
Off-street parking shall be provided on the basis of two spaces for each licensed professional plus one space for each employee.
c. 
Off-street parking shall be provided no closer than twenty (20') feet to any property line and there shall be an evergreen planting five (5') feet deep between any such parking lot and adjoining residential premises.
[1978 Code § 12-409; Ord. #12/4/85; amended 7-13-2022 by Ord. No. 2022-05]
Automobile repair facilities shall meet the following minimum requirements:
a. 
Minimum tract size: 60,000 square feet.
b. 
Minimum frontage on public streets or road: 250 feet.
c. 
There shall be no revolving signs or revolving lights used on the premises. Not more than three "A" frame signs three feet wide by five feet high advertising services or products may be used be used on the site.
d. 
An evergreen planting five feet deep to form a visual screen shall be provided within a depth of 20 feet between any automobile repair facility and abutting residential property or district.
e. 
No disabled vehicles or wrecks shall be maintained on unscreened premises in the open.
[1978 Code § 12-409; Ord. #12/4/85]
Community residences for the developmentally disabled and community shelters for victims of domestic violence housing more than six but not more than 15 persons excluding resident staff shall comply with the following requirements:
a. 
Minimum lot area: The minimum required in the applicable zone, plus 10,000 square feet for every occupant over six residing on the premises; no such residence shall house more than 15 persons excluding resident staff.
b. 
Side and rear yard requirements shall be as specified in the applicable zone.
c. 
No community residence or community shelter shall be located less than one thousand five hundred (1,500') feet from any other such residence or shelter.
d. 
The building shall meet all fire code requirements including installation of a fire alarm system which shall be connected with the closest fire department.
e. 
Before a certificate of occupancy is issued, the Planning Board shall review and approve a site plan.
f. 
The maximum impervious surface requirement of the zone in which such use is located shall be adhered to.
g. 
The proposed use shall maintain a residential appearance and shall be substantially similar to the existing surrounding residential development.
h. 
Off-street parking shall be required on the basis of one off-street parking space for each person including resident staff.
i. 
The Municipal Agency may deny the conditional use if the number of persons resident at existing community residences or community shelters exceeds one-half of one (0.5%) percent of the population of the municipality based on population estimates published annually by the New Jersey Department of Labor.
[Ord. #88-06 § 9]
a. 
Minimum net lot area: four acres after removal of slope areas in excess of 15% and all mapped wetlands as defined by State statute.
b. 
Minimum lot width - three hundred fifty (350') feet.
c. 
Minimum lot depth - four hundred fifty (400') feet.
d. 
Maximum lot coverage - 40%.
e. 
Front yard - one hundred (100') feet.
f. 
Side yard - fifty (50') feet.
g. 
Rear yard - fifty (50') feet.
h. 
Uses involving the storage, processing or preparation of hazardous materials are hereby expressly prohibited. Additionally, all storage of all pesticides designated as " prohibited", " restricted", or " specifically restricted", pursuant to the New Jersey Pesticide Act of 1971, RS13:1F-1 et seq. as amended and N.J.S.A. 7:30-1.5 et seq. and all substances identified as hazardous by the Federal Environmental Protection Agency, pursuant to the Federal Water Pollution Control Act, 53USC1251 et seq. as amended, are hereby prohibited.
i. 
All uses shall be in accordance with the performance standards set forth in the New Jersey Administrative Code for such light industrial and warehousing uses.
[Ord. #95-03, § 2; Ord. #96-15, §§ 1, 2]
Elder cottage housing shall be defined to mean a detached residential unit of not more than 750 square feet, subsidized and owned by a County, State or Federally funded nonprofit organization with the authority to remove the unit, constructed as an accessory structure to a primary dwelling and occupied by not more than two people, one of whom shall be at least 65 years of age and related by blood, marriage or adoption to one or more of the residents of the principal dwelling. Where permitted as conditional uses, each elder cottage housing unit shall comply with the following requirements:
a. 
Minimum lot area: one acre.
b. 
No unit shall be located in the front or side yards of the principal residence and shall conform to the rear-set back requirements as specified in the applicable zone.
c. 
Access for each unit shall be limited to the driveway access provided for the primary residence and no separate driveway shall be authorized.
d. 
Each unit, including the foundation, shall be constructed in such a fashion as to be readily removable and each unit shall be removed and the site restored within 90 days of the death of the original qualifying occupant(s) or upon the permanent change of residence of same.
e. 
Prior to the issuance of a certificate of occupancy for each unit, the Planning Board shall review and approve a site plan. Each site plan shall conform with the Minor Site Plan Checklist incorporated as part of Section 17-3.
f. 
The applicant for each unit must provide the Planning Board with a lease establishing the County of Warren as the owner of the unit and establishing the County as the responsible party for the unit's removal in accordance with the terms of this section.
g. 
Adequate water supply and septic shall be provided for each unit in accordance with the requirements of the Township of Hope and the Warren County Department of Health.
[Ord. #99-06, §§ 1—10; Ord. #04-07, §§ I, II]
a. 
Purpose. The purpose of this subsection is to set forth terms and conditions for the siting of wireless communications towers and antennas within the geographic boundaries of Hope Township. The goals of this subsection are to: (1) protect residential areas and land uses from potential adverse impacts of towers and antennas; (2) encourage the location of towers in specific areas within the Township; (3) minimize the total number of towers throughout the Township; (4) strongly encourage the joint use of new and existing tower sites for collocation of antennas as a primary option rather than the construction of additional single-use towers; (5) encourage users of towers and antennas to located them, to the greatest extent possible, in areas where the adverse impact on the community is minimal; (6) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques; (7) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; (8) consider the public health and safety of communication towers; and (9) avoid substantial detriment to the public good and will not substantially impair the intent and purpose of zoning. In furtherance of these goals, the Township of Hope shall give due consideration to the Township of Hope's master plan, zoning map, existing land uses and environmentally sensitive areas including, but not limited to view corridors, in approving sites for the location of towers and antennas. This subsection further seeks to comply with the mandate of the Federal Telecommunications Act of 1996, 47 U.S.C. Section 332(c)(7), which preserves local government authority to manage with respect to cellular and other wireless telecommunications services, to enforce zoning requirements that protect public safety, public and private property and community aesthetics. This ordinance expressly recognizes that the New Jersey Supreme Court, in Smart SMR of New York, Inc. v. Borough of Fair Lawn Board of Adjustment, 152 N.J. 309 (1998), has declared that wireless telecommunications facilities are not inherently beneficial uses and that the facility use must be particularly suited for the proposed site.
b. 
Definitions.
ANTENNA
Shall mean any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals.
APPROVING AUTHORITY
Shall mean the Planning Board with respect to conditional use permits; the Zoning Board of Adjustment with respect to variance requests pursuant to N.J.S.A. 40:55D-70(d)(1) and/or (3); and/or, the Zoning Officer for permitted uses with respect to this subsection and applicable Township Code provisions as well as applicable State and Federal law.
BACKHAUL NETWORK
Shall mean the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance provider, or the public switched telephone network.
FAA
Shall mean the Federal Aviation Administration.
FCC
Shall mean the Federal Communications Commission.
HEIGHT
Shall mean, when referring to a tower or other structure, the distance measured from the lowest finished grade of the base of the tower to the highest point on the tower or other structure, including the base pad and any antenna.
PREEXISTING TOWERS AND PREEXISTING ANTENNAS
Shall mean any tower or antenna for which a construction permit or other permit has been properly issued prior to the effective date of this subsection,[1] including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired, and including any tower or antenna that is presently a permitted use pursuant to subsection 20-22.15e2(a) on property owned, leased or otherwise controlled by the Township of Hope.
STEALTH TOWER STRUCTURE
Shall mean man-made trees, clock tower, bell steeples, light poles and other similar alternative-design mounting structures that camouflage and/or conceal the presence of antennas or towers.
TOWER
Shall mean any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers of monopole towers. Guyed towers are not permitted within the Township. The term includes, but is not limited to, radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term also includes the structure and any support thereto.
VIEW CORRIDOR
Shall mean an open area, the natural features of which are visually significant or geologically or botanologically unique visible from highways, waterways, railways, major hiking and biking and equestrian trails providing vistas over water, across expanses of land or from mountain tops or ridges.
[1]
Editor's Note: Ordinance No. 99-06 which is codified as subsection 20-22.15 was adopted May 14, 1999.
c. 
Applicability.
1. 
New Towers and Antennas. All new towers or antennas in the Township of Hope shall be subject to these regulations, except as provided in subsections 20-22.15c2 through 4 inclusive.
2. 
Amateur Radio Station Operators/Receive Only Antennas. This subsection shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally-licensed amateur ratio station operator or is used exclusively for receive only antennas.
3. 
Preexisting Towers or Antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this subsection, other than the requirements of subsection 20-22.15d6 and 7.
4. 
Satellite Dish Antennas. This subsection shall not govern any parabolic satellite antennas. However, dish antennas on a tower are prohibited in favor of other forms of antennas, such as whip antennas.
d. 
General Requirements.
1. 
Principal or Accessory Use. Antennas and towers may be considered an accessory use when located on municipal property, otherwise they are to be considered principal uses.
2. 
Lot Size. For purposes of determining whether the installation of a tower or antenna complies with zone development regulations, including but not limited to setback requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.
3. 
Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide, to the Approving Authority, an inventory of all existing towers (both those controlled by the appellant as well as their competitors), antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the Township of Hope or within three miles of any border of the Township thereof, including specific information about the location, height, and design of each tower. The Zoning Officer shall share such information with other applicants applying for administrative approvals or permits under this subsection or other organizations seeking to locate antennas within the jurisdiction of the Township of Hope, provided, however, that the Zoning Officer is not, by sharing such information in any way, representing or warranting that such sites are available and/or suitable.
4. 
Aesthetics. Towers and antennas shall meet the following requirements:
(a) 
Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA or the Township, be painted a neutral color so as to reduce visual obtrusiveness.
(b) 
At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting surrounding buildings and any sight vistas, and shall be located out of public view (visible from a public street, public land and public buildings) behind existing structures, buildings or terrain features which will shield the buildings and related structure from view.
(c) 
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
5. 
Lighting. Towers shall not be artificially lit, unless required by the FAA. It is the intent of the Township that towers shall not exceed FAA height standards that would require lighting. If lighting is required, the lighting alternatives and design chosen and approved by the Approving Authority must cause the least disturbance to the surrounding views.
6. 
Building Codes; Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable State or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Township of Hope concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 calendar days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 calendar days shall constitute grounds for the immediate removal of the tower or antenna at the owner's expense.
7. 
Not Essential Services or Inherently Beneficial Uses. Towers and antennas shall be regulated and permitted pursuant to this subsection and shall not be regulated or permitted as inherently beneficial uses, essential services, public utilities or private utilities.
8. 
Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Township of Hope shall have been obtained and shall file a copy of all required franchises with the Zoning Officer.
9. 
Public Notice. For purposes of this subsection, any conditional use or variance request shall require public notice in accordance with the provisions of the Municipal Land Use Law.
10. 
Signs. No signs shall be allowed on an antenna or tower.
11. 
Buildings and Support Equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of subsection 20-22.15g.
12. 
Multiple Antenna/Tower Plan. The Township of Hope encourages and mandates the users of towers and antennas of collocate antennas where technically, practically, and economically feasible. Applications for approval of collocation sites shall be deemed to have satisfied the purposes of this subsection.
13. 
At the time of application, the tower construction/ owner shall be required to submit computer enhanced photos showing how the tower will reflect upon the surrounding properties/geographic area.
14. 
All towers shall be equipped with anti-climbing devices to prevent the unauthorized access to the tower and the antennas located thereon.
15. 
All applicants for construction of a tower must receive site plan approval in accordance with the ordinances of the Township of Hope and the Municipal Land Use Law, where applicable.
16. 
All towers and appurtenances shall be required to have their wiring for such necessities as telephone and electricity (for example) placed underground to the site and tower/appurtenant buildings.
17. 
Any towers constructed within the Township shall, if required by the Township, have placed upon such tower any emergency sources antenna required by the Township for its use at no cost to the Township.
18. 
Design Details.
(a) 
Any proposed new tower shall be of a "mono-pole" variety, unless the applicant can demonstrate, and the Planning Board agrees, that a different type of pole is necessary for the collocation of additional antennas on the tower.
(b) 
No antenna shall be located on any tower in order to provide non-cellular telephone service. Such service shall be provided via existing telephone lines if available to the site or by the underground extension of telephone lines to the site if necessary.
19. 
Land Disturbance. The applicant shall be required to demonstrate that the extent of disturbance shall be the minimum required for the construction of the tower and all the pertinent structures thereto. Said information shall be submitted in a format that is acceptable to the Township Engineer for review. The applicant shall be required to minimize disturbance by use of appropriate engineering devices including, but not limited to, fences, retaining walls, and the like.
20. 
Access. The applicant shall demonstrate to the Approving Board that the driveway access shall be sufficient to provide a safe and efficient access to and from the site. However, the applicant shall be authorized to utilize driveway standards of the Township of Hope to meet the access requirements.
e. 
Permitted Uses.
1. 
General. The uses listed in this subsection are deemed to be permitted uses and shall not require a conditional use permit or variance application.
2. 
Permitted Uses. The following uses are specifically permitted:
Antennas or towers located on property owned, leased, or otherwise controlled by the Township of Hope of five or more acres provided a license or lease authorizing such antenna or tower has been approved by the Township of Hope. However, the Township shall, as a condition of such lease, require site plan approval. The decision to extend such leases to an applicant shall be vested solely with the Township; shall not be governed by this ordinance; and shall be subject to the bidding requirements of the Local Public Contracts Law of the State of New Jersey. The Township, in its absolute discretion, reserves the express right to deny any and/or all use of its property for antennas or towers.
3. 
The Township encourages the concept of collocation.
f. 
Conditional Use Permits and Variance Applications.
1. 
List of Conditional Uses. Towers shall be authorized as conditional uses on all nonmunicipal property in the Township of Hope, subject to the following conditions:
(a) 
Existing and new towers; antennas on existing towers consistent with the terms below. The Township encourages the concept of collocation. An antenna may be attached to an existing tower to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following:
(1) 
A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the Approving Authority allows reconstruction as a monopole.
(2) 
On-site location.
(i) 
A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved on site within 50 feet of its existing location.
(ii) 
After the tower is rebuilt to accommodate collocation, only one tower may remain on the site.
(iii) 
A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to subsection 20-22.15f. The relocation of a tower hereunder shall in no way be deemed to cause a violation of subsection 20-22.15f.
(3) 
Setbacks. The following setback requirements shall apply to all towers for which a variance or conditional use permit is required:
(i) 
Towers must be set back a distance equal to at least 120% of the height of the tower from any adjoining lot line, all non-appurtenant buildings, and street right-of-way line.
(ii) 
Accessory buildings must satisfy the minimum zoning district setback requirements.
(iii) 
No tower shall exist within required buffer or conservation easement areas if adjacent to residential zones and as prescribed under local ordinance.
(4) 
Security fencing. Towers shall be enclosed by security fencing not less than eight (8') feet in height and shall also be equipped with appropriate anti-climbing measures.
(5) 
Landscaping. The following requirements shall govern the landscaping surrounding towers for which a conditional use permit is required:
(i) 
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences or planned residences. The standard buffer shall consist of a landscaped strip at least ten (10') feet wide outside the perimeter of the compound.
(ii) 
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced.
(iii) 
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
(6) 
General requirements. The following provisions shall govern the issuance of conditional use permits or variances for towers or antennas by the Approving Authority:
(i) 
If the tower or antenna is not a permitted use under subsection 20-22.15e, then a variance or conditional use permit shall be required for the construction of a tower or the placement of an antenna at designated sites or within the zoning districts designated for a tower or antenna within Hope Township.
(ii) 
Applications for variances and conditional use permits under this subsection shall be subject to the procedures and requirements of Chapters 17, 18, 19 and 20 of the Township Code, as well as other applicable Township Code provisions and State law, except as modified in this subsection.
(iii) 
In granting conditional use permit or variance, the Approving Authority may impose conditions to the extent the Approving Authority concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
(iv) 
Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.
(v) 
No towers or antennas shall be permitted as conditional uses in residentially zoned districts unless located upon property owned by the Township of Hope and subject to the provisions of subsection 20-22.15e2.
(vi) 
The application fee and escrows shall be paid as required herein.
g. 
Submission Requirements.
1. 
New Towers May Be Constructed to Hold Antennas. In addition to any information required for applications for conditional use permits pursuant to applicable Township Code provisions and State law, applicants for a conditional use permit or a variance for a tower shall submit the following information to the Approving Authority.
(a) 
A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), and all properties within the applicable separation distances set forth in subsection 20-22.15f, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking and other information deemed by the Approving Authority to be necessary to assess compliance with this subsection.
(b) 
Legal description of the entire tract and leased parcel (if applicable).
(c) 
The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.
(d) 
The separation distance from other towers described in the inventory of existing sites submitted pursuant to subsection 20-22.15d3 shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
(e) 
A landscape plan showing specific landscape materials including, but not limited to, species type, size, spacing and existing vegetation to be removed or retained.
(f) 
Method of fencing and finished color and, if applicable, the method of camouflage.
(g) 
A description of compliance with subsection 20-22.15d3—6, 8, 9, 11 and 12 and applicable Federal, State or local laws.
(h) 
A notarized statement by the applicant as to whether construction of a tower will accommodate collocation of additional antennas for future users.
(i) 
Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the Township.
(j) 
A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.
(k) 
A description of the feasibility of locations of future towers or antennas within the Township of Hope based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
(l) 
In order to provide evidence that the proposed location of the proposed tower(s) (and proposed antennas and ancillary building enclosing related electronic equipment) have been planned to result in the fewest number of tower locations within Hope Township at the time full serve is provided by applicant throughout the Township, the applicant shall provide an overall comprehensive plan indicating how it intends to provide full service throughout Hope Township. Essentially and summarily, the overall comprehensive plan shall indicate the following.
(1) 
How the proposed location of the proposed tower relates to the location of any existing towers within and near the Township of Hope;
(2) 
How the proposed location of the proposed tower relates to the anticipated need for additional towers within and near the Township of Hope by the applicant and by other providers of cellular communications services within the Township;
(3) 
How the proposed location of the proposed tower(s) relates to the objective of collocating the antennas of many different providers of cellular communications services on the same tower; and
(4) 
How the proposed location of the proposed tower(s) relates to the overall objective of providing full cellular communications services within Hope Township, while at the same time, limiting the number of towers to the fewest possible.
(m) 
A visual study depicting where, within a one mile radius measured at ground level, any portion of the proposed tower could be seen.
(n) 
A letter of commitment to lease excess space to other potential users at prevailing market rates and conditions. The letter of commitment shall be in form suitable for recording with the County Clerk prior to the issuance of any permit and shall commit the tower owner(s), property owner(s) and their successors in interest.
(o) 
Documentary evidence regarding the need for the tower which information shall identify the existing wireless network layout and existing coverage areas to demonstrate the need for the new tower at a particular location within the Township. The evidence shall include a radio frequency engineering analysis for the search area for the towers.
2. 
Availability of Suitable Existing Towers, Other Structures, or Alternative Technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Approving Authority that no existing tower structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Approving Authority related to the availability of suitable existing towers, stealth tower structures, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:
(a) 
No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.
(b) 
Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.
(c) 
Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
(d) 
Applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
(e) 
The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
(f) 
Applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(g) 
Applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
h. 
Buildings or Other Equipment Storage.
1. 
Antennas Mounted on Structures on Rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:
(a) 
The cabinet or structure shall not contain more than 200 square feet of gross floor area or be more than eight (8') feet in height. In addition, for buildings and structures which are less than forty-eight (48') feet in height, the related unmanned equipment structure shall be located on the ground and shall not be located on the roof of the structure.
(b) 
If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 10% of the roof area.
(c) 
Equipment storage buildings or cabinets shall comply with all applicable building codes.
2. 
For antennas located on towers, the related unmanned equipment structure shall be located in accordance with the minimum accessory structure requirements of the zoning district in which it is located and the building shall be constructed aesthetically to be compatible with the surrounding character of the neighborhood.
3. 
Structures or cabinets shall be screened from view of all properties which abut or are directly across the street from the structure or cabinet by a security fence eight (8') feet in height and an evergreen hedge with an ultimate height of eight (8') feet and a planted height of at least six (6') feet.
i. 
Removal of Abandoned Antennas and Towers. An antenna or tower that is not in use or operation for its intended and approved purpose for a continuous period of six months shall be considered abandoned (" no longer operative") and the owner of such antenna or tower shall remove the same within 60 calendar days of the mailing of notice to the owner of such determination. If not removed within that time period, it shall be grounds for the Township to require removal of the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. The Township shall condition the issuance of any permit to construct a tower or antenna on the requirement that the property owner be required to remove the tower and restore the property as determined by the Township Engineer when the last user of said tower will no longer actively need the tower for its communications system.
j. 
Existing Towers, Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas. Nonconforming towers or antennas that are damaged or destroyed to the extent that the nonconforming provisions no longer apply under law may not be rebuilt without having to first obtain approval from the Approving Authority and without having to meet the separation requirements specified in subsection 20-22.15f. The type, height and location of the tower on site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 calendar days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in subsection 20-22.15h.
[1978 Code § 12-410; Ord. #12/4/85]
All off-street parking areas other than single-family residential parking areas shall be surfaced with an asphalt, bituminous or cement binder pavement, with the approval of the Township Engineer, which shall be graded and drained to dispose of all surface water. In residential zones parking areas may be either paved or covered with shale, gravel, stone or other like material to a minimum compacted depth of two (2") inches.
[1978 Code § 12-410; Ord. #12/4/85; Ord. #88-06 § 10; Ord. #93-05]
All uses permitted or conditionally permitted in any of the districts herein established shall provide minimum off-street parking as follows:
a. 
For each dwelling unit two spaces.
b. 
For a church or other use involving the assembly of persons, one space for every three seats or seating accommodations.
c. 
Parking for schools shall be determined by the approving Municipal Agency.
d. 
For a restaurant or similar use see subsection 12-22.6b.
e. 
For an office one space for each 200 square feet of gross floor area so used, or one and one-half (1 1/2) spaces for each employee, whichever is greater.
f. 
For selected light industrial uses and warehouses, one space per 500 square feet of floor area.
g. 
For retail sales and service uses, one space per 200 feet of gross floor area.
[1978 Code § 12-410; Ord. #12/4/85]
All off-street parking areas shall be used solely for the parking of motor vehicles and no commercial repair work or service of any kind shall be conducted on such parking lot. No signs, other than entrance, exit and condition of use signs shall be maintained.
[1978 Code § 12-410; Ord. #12/4/85]
Off-street parking facilities shall be provided on the same lot with the permitted principal building, except that owners of two or more business buildings may jointly sponsor off-street parking facilities, provided that the area of the parking facilities equals the total parking area requirements of all owners participating therein and the owners comply in all respects with the requirements of this section.
[1978 Code § 12-410; Ord. #12/4/85]
Off-street loading facilities for nonresidential uses shall be provided as specified by the municipal agency.
[1978 Code § 12-410; Ord. #12/4/85]
Parking requirements set forth herein are minimum requirements and may be increased by the municipal agency where their inadequacy has been demonstrated in particular applications for development.
[1]
Editor's Note: Prior ordinance history includes portions of 1978 Code § 12-410 and Ordinance 12/4/85.
[Ord. #04-11, § 20-24.1]
This section shall be known as the Hope Township Sign Ordinance.
[Ord. #04-11, § 20-24.2]
The purpose of this section is to control the size, location and character of all exterior and on-premise signs so as to provide attractive, coordinated and efficient signage in the Township. All signs and signage not intended to be viewed from the public right-of-way are excluded.
This section is adopted to, among other things, maintain and enhance the aesthetics of the community, enhance pedestrian and traffic safety, limit the intrusion of visual messages, minimize the adverse effects of signage on nearby public and private properties, minimize driver distraction, avoid excessive signage, promote the use of aesthetically pleasing signage including materials and color, preserve property values, provide for the effectiveness of permitted signs, avoid adverse lighting or reflection and to require structurally safe signs.
Nothing in this section is intended to supersede any County, State or Federal regulations except that to the extent permissible under law; any provision in this section which is more restrictive shall prevail.
[Ord. #04-11, § 20-24.3]
ABANDONED
A sign shall be deemed abandoned if it does not display a well-maintained message or, if the owner of the sign cannot be located at the owner's last known address, as reflected on the Township records, or if the structure designed to support the sign can not longer support said sign.
BUSINESS COMPLEX
Shall mean a commercial entity consisting of one or more buildings or units.
DIRECTORY SIGN
Shall mean a sign on private property without a commercial message to give directions to the general public.
FACADE
Shall mean the individual side of a building.
INDIRECT LIGHTING
Shall mean lighted by external illumination only (by a light directed upon and reflected back from a sign) which shall be constructed in such a manner so that the source of the light is not visible from the street.
INSTITUTIONAL BUILDING
Shall mean schools, colleges, churches and other structures of a similar public or semi-public nature.
PERMIT
Shall mean the authorization for a sign issued by the Zoning Officer.
SANDWICH BOARDS
Shall mean a temporary freestanding sign, the restrictions of which are defined hereinbelow.
SIGNS-PER SIDE
Unless otherwise stated per side shall mean two sides maximum.
[Ord. #04-11, § 20-24.4, Ord. #05-03]
a. 
Application. Prior to the erection of any proposed sign, the appropriate application shall be submitted to the Hope Township Municipal Clerk in triplicate with the appropriate fee. The fees that are to accompany any application for a sign are: $50 per commercial sign; $25 per event for temporary sign(s) [not-for-profit organizations are exempt]; $50 per sandwich board sign; $10 annual renewal fee per sandwich board sign. The application shall contain the identity of the person or persons who will be responsible for compliance with the terms of the approval of the section and/or for the removal of said sign as required by the approval. The Hope Township Municipal Clerk shall distribute one copy of the application to the Zoning Official and one copy, if applicable, to the Hope Township Historic District Commission, keeping one copy on file.
1. 
After the distribution of the application as stipulated above, the Zoning Official shall, within 20 days, review the application and either:
(a) 
Approve the application and issue the appropriate permit; or
(b) 
Deny the application; or
(c) 
Deny and defer the application to the appropriate board for approval or denial; or
(d) 
If the application is for signage in the HMH Zone, the Zoning Official shall, within 20 days either approve the application and issue the appropriate permit, deny the application, deny and defer the application to the appropriate board for approval or denial; or deny and defer the application to the Hope Township Historic District Commission for advisement and recommendation which recommendation must be rendered within 30 days of the referral from the Zoning Official.
[Ord. #04-11, § 20-24.5; Ord. #05-03; Ord. #10-04, § 1]
a. 
All Zones.
1. 
No more than two signs advertising the sale, rental or lease of the premises, hereafter referred to as " Real Estate Signs," which shall be defined as lot and block, upon which the sign is placed shall be permitted. Such sign shall be for the purpose of selling, leasing or renting a property. Such sign shall be removed within 48 hours after closing of title or leases have been signed by all parties. The sign shall be no more than six square feet per side. No such signs are permitted on any property other than the subject property.
2. 
Signs advertising real estate "Open House" events shall be permitted on the day of the open house. Up to three signs will be permitted: one located at the subject property and the other two signs serving as directional aids located in remote locations. The signs shall be self-standing, portable and have a printed surface no larger than 24 inches in width by 18 inches in height. Signs may be printed on both sides. No attention attracting devices, such as, but not limited to, balloons, ribbons, streamers or banners may be affixed to the sign or displayed anywhere in conjunction with sign's location. Signs may only be displayed between the hours of 10:00 a.m. and 5:00 p.m. on the day of the event.
The sign's placement shall not block the line of sight for motorists. Signs shall not be permitted to be placed within 500 feet of the intersection in the center of the Village of Hope (intersection of County Route 519, County Route 521 and County Route 609). Signs at the intersection of County Route 519, County Route 611 and Millbrook Street shall only be permitted to be displayed on the school corner of the intersection. Signs are not permitted on private property without the property owner's permission.
Any open house signs placed within the Township of Hope that do not conform to the standards set forth above shall be removed and the offender shall be subject to the penalties set forth in subsection 20-24.7.
3. 
A sign no greater than three square feet per side identifying the name and occupation of an occupant. The identification of a permitted and approved home occupation may be included on the sign. There shall be only one per dwelling unit permitted in addition to one mailbox identification sign.
A sign shall be permitted for farms, which shall be no greater than six square feet per side identifying the name of the farm only. Seasonal, temporary signs may be permitted in addition to the within defined sign. Said seasonal, temporary signs may be utilized without the necessity of a permit. Said signs are to be removed once the appropriate season has ended. Total Area per side of said temporary signs shall not exceed nine square feet. (Example: three signs at one (1') foot height by three (3') feet long).
4. 
One sign per institutional building located upon the premises and not exceeding 10 square feet per side shall be permitted provided that said sign shall not be less than twenty-five (25') feet from the side lot line and shall not adversely affect the line of sight of vehicular and/or pedestrian traffic, nor shall said sign extend beyond seven (7') feet above ground level. Such signs may be illuminated by not more than 80 watts of indirect lighting per side.
5. 
Construction Sites. Temporary identification signs placed upon construction sites shall not exceed eight square feet per side, shall not extend more than eight (8') feet above ground level, and are to be removed upon completion of work.
6. 
Temporary signs of identification, historical events or advertising functions of religious or charitable or fraternal organizational or other temporary Hope-based organizational events, shall be no greater than eight square feet per side, not less than twenty-five (25') feet from the side lot line and shall not adversely affect the line of sight of vehicular and/or pedestrian traffic. Said sign shall be located upon the lot of the owner of record. If not located upon the lot of the owner of record, the owner of record shall submit a letter of consent/authorization to the Zoning Officer permitting the use of said lot for the erection of said temporary sign. Said signs must be removed within 48 hours after the conclusion of the event. All signs shall be constructed of wood or other weather resistant composition, be neatly painted and adequately secured for aesthetic safety purposes. Temporary signs may not be affixed to utility poles, trees located in a public right-of-way or any other public property. Municipalities, event sponsors, schools, churches and the like from outside Hope Township desiring signage for functions of religious and/or charitable, fraternal or social events shall apply to the Hope Township Committee for recommendation, advice, and appropriate requirements for approval. Said municipality, event sponsor, school and/or church shall follow the procedures for application as set forth in subsection 20-24.4.
An applicant may make no more than six requests per year for temporary signage. No temporary sign shall be permitted to remain in place for a period in excess of 14 days. All temporary signs shall be removed within 48 hours of the event.
The Township of Hope shall permit the placement of temporary multi-business directory sandwich board signs. The size, design criteria and hours of placement are the same standards as set forth in subsection 20-24.5d3, Sandwich Board Signs. The location of up to two temporary multi-business directory sandwich board signs shall be determined by the governing body and noted on the permit. It shall be the obligation/responsibility of the Hope Area Chamber of Commerce and the local merchants of the Township of Hope as to participation, cost incurred and upkeep of the subject signs. This provision will be abolished upon the completion of the permanent directory sign project to be established by the Township of Hope.
7. 
Signs relating to traffic, municipal events, legal notices, dangers and other events when approved by the governing body.
8. 
Newspaper delivery tubes are allowed.
9. 
All political signs exceeding six square feet per side shall not be less than twenty-five (25') feet from the side lot line and ten (10') feet from any curbline. No political sign may be illuminated in any way. Political signs for candidates in any election shall be removed within 10 days after the subject election. Political signs may not be affixed to any utility poles or trees, located in a public right-of-way.
10. 
Banners, with the exception of the American flag, and other flags depicting armed forces, states and countries, and "Welcome" or "Open" shall be allowed by permit only. The flag shall be taken down at the close of each business day.
11. 
Signs for properties requiring site plan approval shall submit a sign plan to the Planning Board or Zoning Board of Adjustment where applicable for approval. Such sign plan shall include specifications including, but not limited to letter styling, lighting, color, construction materials, height and width of sign, location of sign and zoning standard/ requirements/recommendations. No zoning or construction permit shall be issued until the plan has been approved by the appropriate board. However, no sign permit shall be required for signage approved during and in connection with an application for site plan approval.
12. 
In any location where the business in which the sign advertised is no longer operational, the owner of said building shall have 60 days, from notification from the Zoning Officer, to remove any signage associated with the now-defunct business or operation. If, in the event notice is given, and the signage remains after said 60 day period, then, in that event, the Township may cause the removal of any said signs and the cost of said removal shall be reimbursed by the building owner to the Township.
b. 
Residential Zone.
1. 
In residential zones permitted signs shall include signs permitted in paragraph a1, 2 and 4 above.
2. 
Name or announcement signs are limited to one per lot. Such signs of not more than two square feet per side may be attached to a front wall of a dwelling or may be attached to a suitable post in the front yard provided said sign shall not be less than twenty-five (25') feet from the side lot line and not less than ten (10') feet from the curbline. Name or announcement signs for dwellings may be illuminated by not more than 40 watts of indirect lighting per side. Name and announcements signs for institutional buildings shall be illuminated by not more than 80 watts of indirect lighting per side.
3. 
The use of neon, xenon, or other tube type lighting shall be specifically prohibited.
c. 
POP Districts.
1. 
One freestanding sign identifying a business complex shall be authorized. Said sign shall be no greater than 25 square feet per side, supports shall not exceed sixteen (16") inches per side. The overall sign and supports shall not exceed seven (7') feet in height. No freestanding sign shall be closer than fifteen (15') feet from the curbline or side property line. The use of said freestanding sign shall not be used to list individual tenants located within the buildings or complex but instead shall serve as a site identification sign and may be illuminated by not more than 80 watts of indirect lighting per side.
2. 
On-site commercial directory signs are permitted for business complexes which sign shall be no more than two square feet per tenant or a maximum of 12 square feet, whichever is less. Directory signs must be located within the building envelope, including required bulk setbacks, and may not be illuminated by more than 80 watts of indirect lighting per side.
3. 
Signs, other than directory signs, are permitted on units which provide individual entrances from the outside for each tenant advertising the individual name or business housed within that unit. There shall be no more than one sign advertising a business name or use for each tenant of the building and the total area of all signs shall not exceed 5% of the front area of the building. No individual sign shall exceed 24 square feet, and in no event shall said sign exceed three (3') feet in height. All signs must be attached to the building's front façade, except as provided elsewhere in this section, and shall not project beyond the sides or front of the building nor above the first level of the building. No such signs shall be illuminated by lighting of intermittent or varying intensity. Such signs may be illuminated by not more than 80 watts of indirect lighting.
4. 
Units sharing a common entrance shall be prohibited from affixing signs advertising the individual tenants to the exterior of the building.
5. 
In the case of a gasoline filling station, a customary freestanding, double-faced identification sign shall not contain more than a total of 25 square feet per side; supports shall not exceed sixteen (16") inches per side. The overall sign and supports shall not exceed seven (7') feet in height. Signs shall be set back at least thirty (30') feet from the curbline and shall not rotate, being completely stationary at all times. Such signs may be illuminated by not more than 80 watts of indirect lighting per side.
6. 
Signs necessary for traffic regulations and parking and loading areas shall have an underneath clear space of not less than four (4') feet for their entire length.
d. 
HMH Districts.
1. 
In addition to the signs permitted in subsection 20-24.5a above, business signs advertising only products or service available on the premises upon which they are displayed, shall be permitted. Such signs shall not glitter, blink, revolve, or contain moving parts. The use of neon, xenon, or other tube-type lighting shall be specifically prohibited. Signs may be illuminated by not more than 80 watts of indirect lighting per side. They shall not be attached to fences, trees or utility poles. They must be kept clean and well maintained at all time.
2. 
One flat, nonprojecting sign of weather-resistant composition may be erected on any business building. Such sign may occupy space between, below or above windows and doors or one overhanging sign that is attached to and perpendicular to the building. In the event that a business has two public entrances, a nameplate shall be permitted on the rear door.
(a) 
Flat, nonprojecting signs shall be not more than thirty-six (36") inches in vertical dimension and shall not cover an area of more than 18 square feet, nor more than five square feet of signage for each one (1') linear foot of the front façade to which the sign is attached. The use of said sign should not be used to list individual tenants located within the buildings or complex but instead should serve as a site identification sign and may be illuminated by not more than 80 watts of indirect lighting per side.
(b) 
Overhanging identification signs attached to and perpendicular to the building shall not be more than 10 square feet per side, for buildings with a minimum of twenty (20') linear feet per front façade of the building facing the street or six square feet per side for buildings with less than twenty (20') linear feet per front façade of the building facing the street. Signs may not be illuminated by more than 80 watts of indirect lighting per side.
(c) 
Signs, other than directory signs, are permitted on units which provide individual entrances from the outside for each tenant advertising the individual name or business housed within that unit. There shall be no more than one sign advertising a business name or use for each tenant of the building which sign shall not exceed five-tenths (.5) square feet of signage per linear foot of the façade to which it is attached. All signs must be attached to the building except as provided elsewhere in this section, and shall not project beyond the sides or front of the building nor above the first level of the building. No such signs shall be illuminated by lighting of intermittent or varying intensity. Such signs may be illuminated by not more than 80 watts of indirect lighting. Signs shall not be permitted on units which do not provide direct access from the outside for each tenant and for units housing a business of less than 500 square feet unless part of an approved site plan from the appropriate board.
(d) 
Buildings which are located on any corner shall be permitted the right to two signs but only one of those signs may be an overhanging perpendicular type. The dimensions of said signs shall be restricted pursuant to paragraphs a, b and c above.
3. 
Sandwich boards displaced only during regular business hours and brought in each evening and days in which business is not in operation. Sign must be constructed of wood, or other weather-resistant material and must be adequately secured to the property upon which they are displayed and shall contain professionally drawn lettering. There shall be no more than one sign per lot and no sign larger than two and one-half (2-1/2') by three and one-half (3-1/2') feet from the ground. Sandwich board signs, other than municipal, county or State signs shall not be located so as to create a traffic hazard.
If, in the event the location of the building restricts the use of a sandwich board as hereinabove defined, then, in that event, an application may be made to the Zoning Officer for permission to erect a sign of similar import upon the building. Said sign shall be no larger than six square feet and must be adequately secured to the building. Said signs can be displayed only during regular business hours and must be brought in each evening and on days when the business is not in operation.
Permits for sandwich board and signs of similar import as described above must be renewed annually so as to ensure the safety of the general public as well as the viability of the sign. The fee for this annual renewal shall be paid upon the submission of the application for renewal. Religious, charitable, nonprofit, and fraternal organizations are exempt from this fee.
4. 
No sign shall be permitted upon the roof of any building.
5. 
Whenever an existing sign shall become structurally unsafe or endanger the safety of the building or the surrounding areas, the Construction Official and/or the Zoning Officer shall order such sign to be removed. Such order shall be complied with within 10 business days of the receipt of said order from the Construction Official and/or Zoning Official.
6. 
Window signs shall be permitted up to a maximum of 15% of cumulative window frontage. All window signs shall be affixed to the interior of the window.
e. 
Neighborhood Commercial. The provisions for POP and HMH shall apply in the Neighborhood Commercial Zone.
[Ord. #04-11, § 20-24.6]
a. 
All signs within the Township shall be of such color, size, design, and lettering so as to be compatible with other architectural features of the building to which the sign shall be annexed and to the surrounding buildings. Such signs shall be in harmony and consistent with each other, the architecture and materials of the principal structure and the landscaping plan.
b. 
Nonconforming signs are signs lawfully constructed and maintained prior to the adoption of this section but which do not now conform to said section. They shall be permitted. In the event of the replacement of any existing sign, it may be replaced or repaired as previously constructed.
c. 
On-site traffic circulation signs shall not be regulated by this section.
[Ord. #04-11, § 20-24.7]
a. 
Any sign not specifically permitted shall be specifically prohibited.
b. 
Any person violating this section shall be subjected, upon notification from the Zoning Official, to a written warning for the first offense. If, after a written warning has been issued, the violation persists the violator shall be subjected to a fine, pursuant to this section of $100 and a maximum fine as allowable by law pursuant to Section 20-27 as per Section 1-5 for each subsequent offense after the second notification.
[1978 Code § 12-412; Ord. #12/4/85]
The office of Zoning Officer is hereby created. The Construction Official may also serve as Zoning Officer. It shall be the duty of the Zoning Officer to enforce Chapter 17, Land Use Procedures; Chapter 18, Site Plan Review; Chapter 19, Land Subdivision and Chapter 20, Zoning, and to investigate any violation or alleged violation of the Chapters. All applications to the Construction Official for building permits shall be examined by the building officer as to compliance with the Land Development Chapters and all such permits shall be signed by the Zoning Officer as well as the Construction Official. The Zoning Officer shall require two sealed plot plans prepared by a New Jersey licensed professional engineer, land surveyor or as appropriate pursuant to N.J.A.C. 13:40-7.2, drawn to scale and showing the size and location of all existing and proposed buildings, structures, and other facilities, sufficient to enable him to determine whether all zoning requirements are met. The requirement for sealed plot plans may be waived for additions, alterations, or accessory structures to existing single family dwellings and a sketch prepared by the owner, or applicant, accepted in lieu thereof. Where there is a question as to the size, location or other zoning requirement, he may require a sealed location survey. In the event of any material deviation from the approved application, plot plan or building plans, the Zoning Officer may stop construction by posting a stop work notice at the building site. The Zoning Officer and other authorized inspectors or any one of them, shall have the right to enter any building or premises during the daytime in the course of duty after proper notification to the property owner or occupant of the property.
[1978 Code § 12-413; Ord. #12/4/85; Ord. #93-13, § 1; Ord. #06-06; Ord. No. 2016-08]
a. 
A zoning permit shall be required in the following instances:
1. 
Before using or allowing the use of any structure, building or land or part thereof, hereinafter created, erected, changed, converted or enlarged, wholly or partly.
2. 
Before changing the use of any building, property or part thereof, or allowing a change of use of any building, property or part thereof.
b. 
A zoning permit shall show that every building or premises or part thereof, and the proposed use thereof, are in conformity with the provisions of the Land Development Chapters or in conformity with the provisions of a variance granted according to law.
c. 
All zoning permits shall be issued in triplicate and one copy shall be posted conspicuously on the premises affected whenever construction work is being performed thereon. No owner, contractor, workman or other persons shall perform any building operations of any kind unless the zoning permit covering such operation has been previously issued. Furthermore, no building operations of any kind shall be performed after notification of the revocation of said zoning permit.
d. 
A record shall be kept of all zoning permits issued and the original applications therefor shall be kept on file in the same manner as applications for building permits. No owner, tenant, or other persons shall use or occupy any building or structure thereafter erected or altered, the use of which shall be changed after passage of this Chapter, without first obtaining a zoning permit.
e. 
A zoning permit, unless revoked, shall continue in effect so long as there is no change of use of the premises.
f. 
The Zoning Officer shall act upon all such applications within 15 days after receipt of a fully filled-in application, or shall notify the applicant in writing of his refusal to issue such permit and the reasons therefor.
g. 
Failure to notify the applicant in case of such refusal within 15 days shall entitle the applicant for a zoning permit to file an appeal to the Zoning Board of Adjustment as in the case of a denial.
h. 
The Zoning Officer may waive plans on minor alterations not affecting structural change.
i. 
Each application for a zoning permit shall be accompanied by a fee in accordance with the following schedule:
Residential renovations/additions and accessory structures/ buildings
$50.00
New residential construction
$100.00
Commercial — New business or change of use
$50.00
Commercial renovations/additions and accessory structures/buildings
$100.00
j. 
If it shall appear at any time to the Zoning Officer that the application or accompanying plans are in any material respect false or misleading, or that the work being done upon the premises is materially different from that called for in the application previously filed with him or may be in violation of any provision of the Land Development Chapters, or that the conditions imposed by either the Planning Board or Board of Adjustment are not being met within the time or in the manner required by the approving authority, he may forthwith revoke the zoning permit.
k. 
Within one year from the effective date of this Chapter, or within one year from the effective date of any subsequent amendment to the Zoning Ordinance of the Township of Hope, the effect of which is to make certain uses or structures nonconforming, the owner of the property upon which any such nonconforming use or structure exists may apply, in writing, to the Zoning Officer for issuance of a certificate certifying that the use or structure existed before the adoption of the ordinance which rendered the use or structure nonconforming. The applicant shall have the burden of proof. The applicant shall also pay such fee as may be authorized by ordinance but not in excess of those permitted by law. A denial by the administrative officer shall be appealable to the Zoning Board of Adjustment taken as in other cases and upon notice to all persons entitled thereto. Nothing herein shall be construed as denying an applicant the right to file an application directly with the Zoning Board of Adjustment.
[1978 Code § 12-413; Ord. #12/4/85]
It shall be unlawful for an owner to use or permit the use of any building, or part thereof, hereafter erected, altered, converted, or enlarged, wholly or in part, until a certificate of occupancy shall have been issued by the construction official.
[1978 Code § 12-413; Ord. # 12/4/85]
Recognizing, in certain instances, for the necessity of certain temporary uses, the Board of Adjustment, after hearing, may authorize temporary use permits pursuant to the authority of N.J.S.A. 40:55D-70(b).
a. 
Such permits may be issued for a period not to exceed one year and on further application to the Board of Adjustment, may be extended, for good cause shown, for an additional period not to exceed one additional year. Thereafter, such temporary use permit shall expire and the use as permitted shall be abated.
Any structures erected in connection therewith shall be removed. Where it deems appropriate, the Board of Adjustment may require such guarantees it deems sufficient to cause such abatement and/or removal.
b. 
Where a building permit has been issued, a temporary certificate of occupancy for a dwelling house may be granted to a developer to permit such dwelling house to be used, temporarily, as a sales and management office for the sale of those homes within a subdivision provided all of the following requirements are met:
1. 
The house to be used as such office is built upon a lot approved as part of a subdivision that has been approved by the Planning Board.
2. 
The house is of substantially the same quality of construction as those homes to be sold within the subdivision.
3. 
No other business than that which is accessory to the management and the sale of lands owned by the developer shall be permitted.
4. 
The dwelling house shall meet all other requirements of the zone district in which it is located.
c. 
Where a building permit has been issued, the Board of Adjustment may grant a temporary use permit for a nonconforming use incidental to construction projects on the same premises such as the storage of building supplies and machinery and/or the assembly of building materials. For example, but not by way of limitation, such temporary use permit may be issued to permit the parking of a "construction trailer" on such a site.
d. 
The Board of Adjustment may grant a temporary use permit for the erection and maintenance of temporary structures or buildings for the conduct of permitted uses where such permitted uses have been interrupted by reason of fire or other casualty. Such temporary use permit shall expire at the time the necessary repair or reconstruction of the permanent structures or buildings have been accomplished or within one year, whichever occurs first.
e. 
The Board of Adjustment may grant temporary use permits for the location of temporary structures, in connection with permitted uses, on the site of such permitted use, which use is either existing or about to be established, upon the construction of a permanent structure. Such temporary structure shall provide facilities during construction of permanent facilities which are an addition to the permitted use or which will result in permanent facilities to house the permitted use. For example, but not by way of limitation, such temporary use permits may be issued to permit the parking of a trailer housing banking facilities, temporary office space, temporary classroom space and/or temporary warehouse space on such a site.
[1978 Code § 12-413; Ord. # 12/4/85]
The Zoning Officer may issue a temporary zoning permit and the Construction Official may issue a temporary certificate of occupancy for a use of land or a building which is related to the development of a permitted use of the property. In evaluating any application for such temporary permits, the building or structure in question must meet the minimum requirements as set forth in the New Jersey Uniform Construction Code Act for the issuance of temporary certificates of occupancy and a bond shall be posted which is sufficient, in the judgment of said Zoning Officer and Construction Official, that will guarantee the completion of the project. Such temporary permits shall be issued for a period not to exceed six months.
[1978 Code § 12-413; Ord. # 12/4/85]
a. 
Records. It shall be the duty of the Zoning Officer to keep a record of all applications for zoning permits, a record of all permits issued, together with a notation of all special conditions involved. He shall file and safely keep 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 Township Committee and of other officials of the Township.
b. 
Reports. The Zoning Officer shall prepare a monthly report for the Township Committee summarizing, for the period since his last report, all zoning permits issued, complaints of violations received and action taken by him with respect thereto. Such report shall be in a form and shall contain such information as the Township Committee may direct. A copy of such reports shall be made available to the Construction Official and to the Tax Assessor.
[1978 Code § 12-414; Ord. # 12/4/85]
For any and every violation of the provisions of the Land Development Chapters, the owner, contractor or other persons interested as general agent, architect, building contractor, owner, tenant, constructor or any other person who commits, takes part in or assists in any violation of the Land Development Chapters, or who maintains any building, structure, use or premises in which any violation of this ordinance shall be subject to penalty, per Section 1-5. Any person who shall have refused to abate the violation within five days after written notice shall have been served upon him either by certified mail, or personal service, shall for each and every violation be subject to penalties as per Section 1-5, and each and every day that such violation continues after such notice, shall be a separate violation of the Land Development Chapters.
[Ord. #92-06, § 1; Ord. 06-01, §§ I, II; Ord. 08-08, §§ 1—3; amended 2-20-2018 by Ord. No. 2018-02]
a. 
Monitoring and Reporting Requirements. The Township of Hope shall comply with the following monitoring and reporting requirements regarding the status of the implementation of its Housing Element and Fair Share Plan:
1. 
Beginning on February 1, 2018, and on every anniversary of that date through February 1, 2025, the Township agrees to provide annual reporting of its Affordable Housing Trust Fund activity to the New Jersey Department of Community Affairs, Committee 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), Committee on Affordable Housing (COAH), or Local Government Services (NJLGS). The reporting 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 on February 1, 2018, and on every anniversary of that date through February 1, 2025, the Township agrees to provide annual reporting 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.
3. 
By July 1, 2020, as required pursuant to N.J.S.A. 52:27D-313, the Township will post on its municipal website, with a copy provided to FSHC, 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 any mechanisms to meet unmet need should be revised or supplemented. Such posting shall invite any interested party to submit comments to the municipality, with a copy to FSHC, regarding whether any sites no longer present a realistic opportunity and should be replaced and whether any mechanisms to meet unmet need should be revised or supplemented. Any interested party may by motion request a hearing before the court regarding these issues.
4. 
By March 1, 2020, and every third year thereafter, as required by N.J.S.A. 52:27D-329.1, the Township will post on its municipal website, with a copy provided to FSHC, a status report as to its satisfaction of its very-low-income requirements, including its family very-low-income requirements. Such posting shall invite any interested party to submit comments to the municipality and FSHC on the issue of whether the municipality has complied with its very-low-income and family very-low-income housing obligations.
b. 
Definitions. The following terms when used in this section shall have the meanings given in this subsection:
ACT
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.).
ADAPTABLE
Constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.[1]
ADMINISTRATIVE AGENT
The entity designated by the Township to administer affordable units in accordance with this section, N.J.A.C. 5:93,[2] and UHAC (N.J.A.C. 5:80-26).
AFFIRMATIVE MARKETING
A regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
AFFORDABILITY AVERAGE
The average percentage of median income at which new restricted units in an affordable housing development are affordable to low- and moderate-income households.
AFFORDABLE
A sales price or rent level that is within the means of a low- or moderate-income household as defined within N.J.A.C. 5:93-7.4,[3] and, 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.
AFFORDABLE HOUSING DEVELOPMENT
A development included in or approved pursuant to the Housing Element and Fair Share Plan or otherwise intended to address the Township's fair share obligation, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100% affordable housing development.
AFFORDABLE HOUSING PROGRAM(S)
Any mechanism in a municipal Fair Share Plan prepared or implemented to address a municipality's fair share obligation.
AFFORDABLE UNIT
A housing unit proposed or created pursuant to the Act[4] and approved for crediting by the court and/or funded through an affordable housing trust fund.
AGE-RESTRICTED UNIT
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 wherein the unit is situated are 62 years of age or older; or
2. 
At least 80% of the units are occupied by one person who is 55 years of age 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.
AGENCY
The New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
ALTERNATIVE LIVING ARRANGEMENT
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 regulated by the New Jersey Department of Health; group homes for the developmentally disabled and mentally ill as licensed and/or regulated by the New Jersey Department of Human Services; and congregate living arrangements.
ASSISTED LIVING RESIDENCE
A facility that is 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.
CERTIFIED HOUSEHOLD
A household that has been certified by an administrative agent as a low-income household or moderate-income household.
COAH
The Council on Affordable Housing, as established by the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).
DCA
The State of New Jersey Department of Community Affairs.
DEFICIENT HOUSING UNIT
A housing unit with health and safety code violations that requires 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.
DEVELOPER
Any person, partnership, association, company or corporation that is the legal or beneficial owner or owners of a lot or any land included in a proposed development including the holder of an option to contract to purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT
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.
INCLUSIONARY DEVELOPMENT
A development containing both affordable units and market-rate units. This term includes, but is not limited to: new construction, the conversion of a nonresidential structure to residential use and the creation of new affordable units through the gut rehabilitation or reconstruction of a vacant residential structure.
LOW-INCOME HOUSEHOLD
A household with a total gross annual household income equal to 50% or less of the regional median household income by household size.
LOW-INCOME UNIT
A restricted unit that is affordable to a low-income household.
MAJOR SYSTEM
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 and load-bearing structural systems.
MARKET-RATE UNIT
Housing not restricted to low- and moderate-income households that may sell or rent at any price.
MEDIAN INCOME
The median income by household size for the applicable housing region, as adopted annually by COAH or a successor entity approved by the court.
MODERATE-INCOME HOUSEHOLD
A household with a total gross annual household income in excess of 50% but less than 80% of the regional median household income by household size.
MODERATE-INCOME UNIT
A restricted unit that is affordable to a moderate-income household.
MUNICIPAL HOUSING LIAISON
The employee charged by the governing body with the responsibility for oversight and administration of the affordable housing program for the Township of Hope.
NONEXEMPT SALE
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.
RANDOM SELECTION PROCESS
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).
REGIONAL ASSET LIMIT
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 duly adopted Regional Income Limits published annually by COAH or a successor entity.
REHABILITATION
The repair, renovation, alteration or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.
RENT
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.
RESTRICTED UNIT
A dwelling unit, whether a rental unit or an ownership unit, that is subject to the affordability controls of N.J.A.C. 5:80-26.1, as amended and supplemented, but does not include a market-rate unit financed under UHORP or MONI.
UHAC
The Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26 et seq.
VERY-LOW-INCOME HOUSEHOLD
A household with a total gross annual household income equal to 30% or less of the regional median household income by household size.
VERY-LOW-INCOME UNIT
A restricted unit that is affordable to a very-low-income household.
WEATHERIZATION
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 purposes of a rehabilitation program.
[1]
Editor's Note: See now N.J.A.C. 5:23-3.14(b).
[2]
Editor's Note: In accordance with N.J.S.A. 52:14B-5.1b, Chapter 93, Substantive Rules of the New Jersey Council on Affordable Housing for the Period Beginning June 6, 1994, expired on 10-16-2016.
[3]
Editor's Note: In accordance with N.J.S.A. 52:14B-5.1b, Chapter 93, Substantive Rules of the New Jersey Council on Affordable Housing for the Period Beginning June 6, 1994, expired on 10-16-2016.
[4]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
c. 
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 Township of Hope pursuant to the Township's most recently adopted Housing Element and Fair Share Plan.
2. 
Moreover, this section shall apply to all developments that contain low- and moderate-income housing units, including any currently unanticipated future developments that will provide low- and moderate-income housing units.
3. 
All residential development resulting in five or more units approved by the Township after the date of the adoption of this section shall provide an affordable housing set-aside of 20%. All affordable units created pursuant to this paragraph shall be governed by the provisions of this section.
[Amended 5-11-2022 by Ord. No. 2022-03]
d. 
Alternative Living Arrangements.
1. 
The administration of an alternative living arrangement shall be in compliance with N.J.A.C. 5:93-5.8[5] and UHAC, with the following exceptions:
(a) 
Affirmative marketing (N.J.A.C. 5:80-26.15), provided, however, that the units or bedrooms may be affirmatively marketed by the provider in accordance with an alternative plan approved by the court;
(b) 
Affordability average and bedroom distribution (N.J.A.C. 5:80-26.3).
[5]
Editor's Note: In accordance with N.J.S.A. 52:14B-5.1b, Substantive Rules of the New Jersey Council on Affordable Housing for the Period Beginning June 6, 1994, expired on 10-16-2016.
2. 
With the exception of units established with capital funding through a twenty-year operating contract with the Department of Human Services, Division of Developmental Disabilities, alternative living arrangements shall have at least thirty-year controls on affordability in accordance with UHAC, unless an alternative commitment is approved by the 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.
e. 
Phasing Schedule for Inclusionary Zoning.
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
f. 
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.
(b) 
In each affordable development, at least 50% of the restricted units within each bedroom distribution shall be very-low- or low-income units.
(c) 
Affordable developments that are not age-restricted shall be structured in conjunction with realistic market demands such that:
(1) 
The combined number of efficiency and one-bedroom units shall be no greater than 20% of the total low- and moderate-income units;
(2) 
At least 30% of all low- and moderate-income units shall be two-bedroom units;
(3) 
At least 20% of all low- and moderate-income units shall be three-bedroom units; and
(4) 
The remaining units may be allocated among two- and three-bedroom units at the discretion of the developer.
(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[6] and the following:
[6]
Editor's Note: See now N.J.A.C. 5:23-3.14(b).
(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 not all of the foregoing requirements in Subsection f2(b)(1) through (4) can be satisfied, then an interior accessible route of travel must be provided between stories within an individual unit, but if all of the terms of Subsection f2(b)(1) through (4) above have been satisfied, then an interior accessible route of travel shall not be required between stories within an individual unit; and
(6) 
An accessible entranceway as set forth at P.L. 2005, c. 350 (N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C. 5:23-7,[7] or evidence that Hope 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 within the Township of Hope's Affordable Housing Trust Fund sufficient to install accessible entrances in 10% of the affordable units that have been constructed with adaptable entrances.
(iii) 
The funds deposited under Subsection f2(b)(6)(ii) above shall be used by the Township of Hope 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 Township of Hope for the conversion of adaptable to accessible entrances.
(v) 
Once the Construction Official has determined that the design plan to convert the unit entrances from adaptable to accessible meets the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7,[8] and that the cost estimate of such conversion is reasonable, payment shall be made to the Township's Affordable Housing Trust Fund in care of the Township Treasurer who shall ensure that the funds are deposited into the Affordable Housing Trust Fund and appropriately earmarked.
[8]
Editor's Note: See now N.J.A.C. 5:23-3.14(b).
(vi) 
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.[9]
[9]
Editor's Note: See now N.J.A.C. 5:23-3.14(b).
[7]
Editor's Note: See now N.J.A.C. 5:23-3.14(b).
3. 
Design:
(a) 
In inclusionary developments, to the extent possible, low- and moderate-income units shall be integrated with the market units.
(b) 
In inclusionary developments, 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 and the calculation procedures set forth in the Consent Order entered on December 16, 2016, by the Honorable Douglas K. Wolfson, JSC, in In the Matter of the Township of East Brunswick for a Judgment of Compliance of its Third Round Housing Element and Fair Share Plan, Docket No. MID-L-004013-15.
(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:
(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; and
(3) 
A two-bedroom unit shall be affordable to a two-person household or to two one-person households.
(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 homeowners' 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) 
The price of owner-occupied low- and moderate-income units may increase annually based on the percentage increase in the regional median income limit for each housing region. In no event shall the maximum resale price established by the administrative agent be lower than the last recorded purchase price.
(j) 
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 Northeast Urban Area. This increase shall not exceed 9% in any one year. Rent increases for units constructed pursuant to low-income housing tax credit regulations shall be indexed pursuant to the regulations governing low-income housing tax credits.
g. 
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 HUD for the Section 8 program.
h. 
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:
1. 
Provide an occupant for each bedroom;
2. 
Provide children of different sexes with separate bedrooms;
3. 
Provide separate bedrooms for parents and children; and
4. 
Prevent more than two persons from occupying a single bedroom.
i. 
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 Hope 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 administrative agent shall determine the restricted price for the unit and shall also determine the nonrestricted, fair market value of the unit based on either an appraisal or the unit's equalized assessed value without the restrictions in place.
4. 
At the time of the initial sale of the unit, the initial purchaser shall execute and deliver to the administrative agent a recapture note obligating the purchaser (as well as the purchaser's heirs, successors and assigns) to repay, upon the first nonexempt sale after the unit's release from the restrictions set forth in this section, an amount equal to the difference between the unit's nonrestricted fair market value and its restricted price, and the recapture note shall be secured by a recapture lien evidenced by a duly recorded mortgage on the unit.
5. 
The affordability controls set forth in this section shall remain in effect despite the entry and enforcement of any judgment of foreclosure with respect to restricted ownership units.
6. 
A restricted ownership unit shall be required to obtain a continuing certificate of occupancy or a certified statement from the Construction Official stating that the unit meets all Code standards upon the first transfer of title following the removal of the restrictions provided under N.J.A.C. 5:80-26.5(a), as may be amended and supplemented.
j. 
Price Restrictions for Restricted Ownership Units, Homeowners' Association Fees and Resale Prices. Price restrictions for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, including:
1. 
The initial purchase price for a restricted ownership unit shall be approved by the administrative agent.
2. 
The administrative agent shall approve all resale prices, in writing and in advance of the resale, to assure compliance with the foregoing standards.
3. 
The master deeds of inclusionary developments shall provide no distinction between the condominium or homeowners' association fees and special assessments paid by low- and moderate-income purchasers and those paid by market purchasers.
4. 
The owners of restricted ownership units may apply to the administrative agent to increase the maximum sales price for the unit on the basis of anticipated capital improvements. Eligible capital improvements shall be those that render the unit suitable for a larger household or the addition of a bathroom. See Subsection m.
k. 
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 Township Committee, and subject to the court's approval, permit a moderate-income purchaser to buy a low-income unit if and only if the administrative agent can demonstrate that there is an insufficient number of eligible low-income purchasers in the housing region to permit prompt occupancy of the unit and all other reasonable efforts to attract a low-income purchaser, including pricing and financing incentives, have failed. Any such low-income unit that is sold to a moderate-income household shall retain the required pricing and pricing restrictions for a low-income unit.
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 homeowners' association fees, as applicable) does not exceed 33% of the household's eligible monthly income.
l. 
Limitations on Indebtedness Secured by Ownership Unit; Subordination.
1. 
Prior to incurring any indebtedness to be secured by a restricted ownership unit, the owner shall apply to the administrative agent for a determination in writing that the proposed indebtedness complies with the provisions of this section, and the administrative agent shall issue such determination prior to the owner incurring such indebtedness.
2. 
With the exception of 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 administrative agent in accordance with N.J.A.C. 5:80-26.6(b).
m. 
Capital Improvements To Ownership Units.
1. 
The owners of restricted ownership units may apply to the administrative agent to increase the maximum sales price for the unit on the basis of 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 administrative agent 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 administrative agent. Unless otherwise approved by the administrative agent, the purchase of any property other than central air conditioning shall not be made a condition of the unit resale. The 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.
n. 
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 Hope 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 Warren. A copy of the filed document shall be provided to the 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 of this section despite the occurrence of any of the following events:
(a) 
Sublease or assignment of the lease of the unit;
(b) 
Sale or other voluntary transfer of the ownership of the unit; or
(c) 
The entry and enforcement of any judgment of foreclosure on the property containing the unit.
o. 
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 administrative agent.
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 administrative agent.
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 administrative agent to be applied to the costs of administering the controls applicable to the unit as set forth in this section.
4. 
No rent control section 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.
p. 
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 administrative agent 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 Subsection p2(a) through (e) above with the administrative agent, who shall counsel the household on budgeting.
q. 
Municipal Housing Liaison.
1. 
The Township of Hope shall appoint a specific municipal employee to serve as a Municipal Housing Liaison responsible for overseeing the Township's affordable housing program, including overseeing the administration of affordability controls on the affordable units and the affirmative marketing of available affordable units in accordance with the Township's Affirmative Marketing Plan; fulfilling monitoring and reporting requirements; and supervising administrative agent(s). Hope shall adopt a resolution appointing the person to fulfill the position of Municipal Housing Liaison. The Municipal Housing Liaison shall be appointed by the governing body and may be a full- or part-time municipal employee. The Municipal Housing Liaison shall be approved by the court and shall be duly qualified through a training program sponsored by Affordable Housing Professionals of New Jersey before assuming the duties of Municipal Housing Liaison.
2. 
The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for Hope, including the following responsibilities which may not be contracted out to the administrative agent:
(a) 
Serving as Hope's primary point of contact for all inquiries from the state, affordable housing providers, administrative agents and interested households;
(b) 
Monitoring the status of all restricted units in Hope's Fair Share Plan;
(c) 
Compiling, verifying, submitting and posting all monitoring reports as required by the court and by this section;
(d) 
Coordinating meetings with affordable housing providers and administrative agent(s), as needed; and
(e) 
Attending continuing education opportunities on affordability controls, compliance monitoring and affirmative marketing at least annually and more often as needed.
3. 
Subject to the approval of the court, the Township of Hope shall designate one or more administrative agent(s) to administer and to affirmatively market the affordable units constructed in the Township in accordance with UHAC and this section. An operating manual for each affordable housing program shall be provided by the administrative agent(s) to be adopted by resolution of the governing body and subject to approval of the court. The operating manual(s) shall be available for public inspection in the office of the Township Clerk, in the office of the Municipal Housing Liaison, and in the office(s) of the administrative agent(s). The Municipal Housing Liaison shall supervise the work of the administrative agent(s).
4. 
Compensation shall be fixed by the governing body at the time of the appointment of the Municipal Housing Liaison.
r. 
Administrative Agent. An administrative agent may be either an independent entity serving under contract to and reporting to the municipality, or a 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 administrative agent shall perform the duties and responsibilities of an administrative agent as set forth in UHAC, including those set forth in N.J.A.C. 5:80-26.14, 5:80-26.16 and 5:80-26.18 thereof, which includes:
1. 
Affirmative Marketing:
(a) 
Conducting an outreach process to affirmatively market affordable housing units in accordance with the Affirmative Marketing Plan of the Township of Hope and the provisions of N.J.A.C. 5:80-26.15; and
(b) 
Providing counseling or contracting to provide counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.
2. 
Household Certification:
(a) 
Soliciting, scheduling, conducting and following up on interviews with interested households;
(b) 
Conducting interviews and obtaining sufficient documentation of gross income and assets upon which to base a determination of income eligibility for a low- or moderate-income unit;
(c) 
Providing written notification to each applicant as to the determination of eligibility or noneligibility;
(d) 
Requiring that all certified applicants for restricted units execute a certificate substantially in the form, as applicable, of either the ownership or rental certificates set forth in Appendices J and K of N.J.A.C. 5:80-26.1 et seq.;
(e) 
Creating and maintaining a referral list of eligible applicant households living in the housing region and eligible applicant households with members working in the housing region where the units are located;
(f) 
Employing a random selection process as provided in the Affirmative Marketing Plan of the Township of Hope when referring households for certification to affordable units; and
(g) 
Notifying the following entities of the availability of affordable housing units in the Township of Hope: Fair Share Housing Center, the New Jersey State Conference of the NAACP, the Latino Action Network, NORWESCAP, the Supportive Housing Association, and the Central Jersey Housing Resource Center.
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 Warren County Register of Deeds or Warren County Clerk's office after the termination of the affordability controls for each restricted unit;
(d) 
Communicating with lenders regarding foreclosures; and
(e) 
Ensuring the issuance of continuing certificates of occupancy or certifications pursuant to N.J.A.C. 5:80-26.10.
4. 
Resales and Rerentals:
(a) 
Instituting and maintaining an effective means of communicating information between owners and the administrative agent regarding the availability of restricted units for resale or rerental; 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 rerental.
5. 
Processing Requests from Unit Owners:
(a) 
Reviewing and approving requests for determination from owners of restricted units who wish to take out home equity loans or refinance during the term of their ownership that the amount of indebtedness to be incurred will not violate the terms of this section;
(b) 
Reviewing and approving requests to increase sales prices from owners of restricted units who wish to make capital improvements to the units that would affect the selling price, such authorizations to be limited to those improvements resulting in additional bedrooms or bathrooms and the depreciated cost of central air-conditioning systems;
(c) 
Notifying the municipality 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 municipality 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 administrative agent;
(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 administrative agent 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 municipality's Affordable Housing Trust Fund; and
(f) 
Creating and publishing a written operating manual for each affordable housing program administered by the administrative agent, to be approved by the Township Committee and the 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.
(c) 
The administrative agent shall attend continuing education sessions on affordability controls, compliance monitoring, and affirmative marketing at least annually and more often as needed.
s. 
Affirmative Marketing Requirements.
1. 
The Township of Hope shall adopt by resolution an Affirmative Marketing Plan, subject to approval of the court, 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 3 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 3, comprised of Warren, Somerset, Middlesex, and Hunterdon Counties.
4. 
The municipality has the ultimate responsibility for adopting the Affirmative Marketing Plan and for the proper administration of the Affirmative Marketing Program, including initial sales and rentals and resales and rerentals. The administrative agent designated by the Township of Hope shall implement the Affirmative Marketing Plan to assure the affirmative marketing of all affordable units.
5. 
In implementing the Affirmative Marketing Plan, the administrative agent shall provide a list of counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.
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 administrative agent shall consider the use of language translations where appropriate.
7. 
The affirmative marketing process for available affordable units shall begin at least four months (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; the municipal administration building and the municipal library in the municipality in which the units are located; and the developer's rental office. Applications shall be mailed to prospective applicants upon request.
9. 
In addition to other affirmative marketing strategies, the administrative agent shall provide specific notice of the availability of affordable housing units in Hope, and copies of the application forms, to the following entities: Fair Share Housing Center, the New Jersey State Conference of the NAACP, the Latino Action Network, NORWESCAP, the Supportive Housing Association, and the Central Jersey Housing Resource Center.
10. 
The costs of advertising and affirmative marketing of the affordable units shall be the responsibility of the developer, sponsor or owner.
t. 
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 municipality 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, recuperation 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 municipality 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 municipality may file a court action pursuant to N.J.S.A. 2A:58-11 alleging a violation or violations of the regulations governing the affordable housing unit. If the owner, developer or tenant is adjudged by the court to have violated any provision of the regulations governing affordable housing units, the owner, developer or tenant shall be subject to one or more of the following penalties, at the discretion of the court:
(1) 
A fine of not more than $500 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 low- or moderate-income unit in violation of the regulations governing affordable housing units, payment into the Township of Hope Affordable Housing Trust Fund of the gross amount of rent illegally collected;
(3) 
In the case of an owner who has rented a 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 municipality 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 municipality, 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 municipality, 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 municipality for any and all costs and expenses incurred in connection with either the court action resulting in the judgment of violation or the Sheriff's sale. In the event that the proceeds from the Sheriff's sale are insufficient to reimburse the municipality in full as aforesaid, the violating owner shall be personally responsible for the full extent of such deficiency, in addition to any and all costs incurred by the municipality in connection with collecting such deficiency. In the event that a surplus remains after satisfying all of the above, such surplus, if any, shall be placed in escrow by the municipality for the owner and shall be held in such escrow for a maximum period of two years or until such earlier time as the owner shall make a claim with the municipality for such. Failure of the owner to claim such balance within the two-year period shall automatically result in a forfeiture of such balance to the municipality. Any interest accrued or earned on such balance while being held in escrow shall belong to and shall be paid to the municipality, whether such balance shall be paid to the owner or forfeited to the municipality.
(3) 
Foreclosure by the municipality 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 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 municipality may acquire title to the 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 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 low- and moderate-income unit to be either sold at the Sheriff's sale or acquired by the municipality shall obligate the owner to accept an offer to purchase from any qualified purchaser which may be referred to the owner by the municipality, with such offer to purchase being equal to the maximum resale price of the 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.
u. 
Appeals. Appeals from all decisions of an administrative agent appointed pursuant to this section shall be filed in writing with the court.
a. 
Purpose. The purpose of this program is to help meet Hope Township's fair share housing obligation through the subsidization of up to 10 voluntary conversions of existing single-family dwellings or accessory buildings in the Township to accommodate accessory apartments for occupancy by very-low-, low-, and moderate-income households.
b. 
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
ACCESSORY APARTMENT
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.
APPLICANT
The person or persons applying for funds to create an accessory apartment in accordance with the provisions of this subsection.
c. 
Regulations.
1. 
The maximum number of creditable accessory apartments shall be equal to no more than 10.
2. 
All accessory apartments shall meet the following conditions:
(a) 
Accessory apartments are permitted in every zoning district throughout the Township of Hope, provided that the units are affordable to very-low-, low-, and moderate-income households.
(b) 
Accessory apartments shall comply with all applicable statutes and regulations of the State of New Jersey in addition to all building codes.
(c) 
At the time of initial occupancy of the unit and for at least 30 years thereafter, the accessory apartment shall be rented only to a household which is either a very-low-, low- or moderate-income household.
(d) 
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 or sale of the unit and the accessory apartment.
(e) 
Pursuant to N.J.A.C. 5:93-5.9,[1] the Hope Township accessory apartment program shall not restrict the number of bedrooms in any accessory apartment.
[1]
Editor's Note: In accordance with N.J.S.A. 52:14B-5.1b, Chapter 93, Substantive Rules of the New Jersey Council on Affordable Housing for the Period Beginning June 6, 1994, expired on 10-16-2016.
(f) 
The appropriate utility authority must certify that there is water and sewer infrastructure with sufficient capacity to serve the proposed accessory apartment. Where the proposed location is served by an individual well and/or septic system, the additional capacity necessitated by the new unit must meet the appropriate NJDEP standards.
d. 
Administration.
1. 
The accessory apartments program shall be affirmatively marketed by the Township's administrative agent in accordance with UHAC and the Township's Affirmative Marketing Plan.
2. 
The administrative agent shall administer the accessory apartment program, including income qualifying of prospective renters, setting rents and annual rent increase, maintaining a waiting list, distributing the subsidy, securing certificates of occupancy, qualifying properties, handling application forms, filing deed restrictions and monitoring reports, and the development of applications for interested owners.
3. 
The Township shall provide at least $10,000 per unit to subsidize the creation of each accessory apartment.
e. 
Eligibility.
1. 
Only owners of existing dwelling units within the Township of Hope are eligible to apply for the accessory apartments program. Eligibility is further determined by the following criteria:
(a) 
The owner must agree to rent the accessory apartment to a very-low-, low-, or moderate-income household. Proof of each prospective tenant's income qualifications shall be required by the administrative agent.
(b) 
Any existing code deficiencies in the portion of the building to be devoted to the accessory apartment unit shall be corrected, and the unit shall be brought up to code standard.
(c) 
The owner of the accessory apartment shall agree, by written contract, to comply with all of the requirements of Subsection 20-28.1, Affordable Housing Requirements and Regulations, of the Code of the Township of Hope.
(d) 
Property owners wishing to apply to create an accessory apartment shall submit a completed application form to the administrative agent. Accompanying the form shall be a report from the Township's Construction Code Official, ruling on whether the structure proposed to contain the accessory apartment meets applicable code requirements.
a. 
Purpose. This Subsection 20-28.3 establishes standards for the collection, maintenance, and expenditure of development fees that are consistent with COAH's regulations developed in response to P.L. 2008, c. 46, Sections 8 and 32 to 38 (N.J.S.A. 52:27D-329.2) and the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 40:55D-8.7). Fees collected pursuant to this Subsection 20-28.3 shall be used for the sole purpose of providing very-low-, low- and moderate-income housing in accordance with a court-approved spending plan.
b. 
Basic Requirements.
1. 
This Subsection 20-28.3 shall not be effective until approved by the court.
2. 
The Township of Hope shall not spend development fees until the court has approved a plan for spending such fees (spending plan).
c. 
Definitions. The following terms, as used in this Subsection 20-28.3, shall have the following meanings:
AFFORDABLE HOUSING DEVELOPMENT
A development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100% affordable housing development.
COAH or THE COUNCIL
The New Jersey Council on Affordable Housing established under the Fair Housing Act.[1]
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT FEE
Money paid by a developer for the improvement of property as authorized by Holmdel Builder's Association v. Holmdel Township, 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 rules.
EQUALIZED ASSESSED VALUE
The assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with Sections 1, 5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:1-35c).
GREEN BUILDING STRATEGIES
Those strategies that minimize the impact of development on the environment, and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
d. 
Residential Development Fees.
1. 
Imposition of Fees.
(a) 
Within the Township of Hope, all residential developers, except for developers of the types of developments specifically exempted below and developers of developments that include affordable housing, shall pay a fee of 1.5% of the equalized assessed value for all new residential development provided no increased density is permitted. Development fees shall also be imposed and collected when an additional dwelling unit is added to an existing residential structure; in such cases, the fee shall be calculated based on the increase in the equalized assessed value of the property due to the additional dwelling unit.
(b) 
When an increase in residential density is permitted pursuant to a "d" variance granted under N.J.S.A. 40:55D-70d(5), developers shall be required to pay a "bonus" development fee of 6% of the equalized assessed value for each additional unit that may be realized, except that this provision shall not be applicable to a development that will include affordable housing. If the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application.
2. 
Eligible Exactions, Ineligible Exactions and Exemptions for Residential Developments.
(a) 
Affordable housing developments and/or developments where the developer has made a payment in lieu of on-site construction of affordable units, if permitted by ordinance or by agreement with the Township of Hope, shall be exempt from the payment of development fees.
(b) 
Developments that have received preliminary or final site plan approval prior to the adoption of this Subsection 20-28.3 shall be exempt from the payment of development fees, unless the developer seeks a substantial change in the original approval. Where site plan approval is not applicable, the issuance of a zoning permit and/or construction permit shall be synonymous with preliminary or final site plan approval for the purpose of determining the right to an exemption. In all cases, the applicable fee percentage shall be determined based upon the Development Fee Ordinance in effect on the date that the construction permit is issued.
(c) 
Improvements or additions to existing one- and two-family dwellings on individual lots shall not be required to pay a development fee, but a development fee shall be charged for any new dwelling constructed as a replacement for a previously existing dwelling on the same lot that was or will be demolished, unless the owner resided in the previous dwelling for a period of one year or more prior to obtaining a demolition permit. Where a development fee is charged for a replacement dwelling, the development fee shall be calculated on the increase in the equalized assessed value of the new structure as compared to the previous structure.
(d) 
Homes replaced as a result of a natural disaster (such as a fire or flood) shall be exempt from the payment of a development fee.
e. 
Nonresidential Development Fees.
1. 
Imposition of Fees.
(a) 
Within all zoning districts, nonresidential developers, except for developers of the types of developments specifically exempted below, shall pay a fee equal to 2.5% of the equalized assessed value of the land and improvements, for all new nonresidential construction on an unimproved lot or lots.
(b) 
Within all zoning districts, nonresidential developers, except for developers of the types of developments specifically exempted below, shall also pay a fee equal to 2.5% of the increase in equalized assessed value resulting from any additions to existing structures to be used for nonresidential purposes.
(c) 
Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of 2.5% shall be calculated on the difference between the equalized assessed value of the preexisting land and improvements and the equalized assessed value of the newly improved structure, i.e., land and improvements, and such calculation shall be made at the time a final certificate of occupancy is issued. If the calculation required under this section results in a negative number, the nonresidential development fee shall be zero.
2. 
Eligible Exactions, Ineligible Exactions and Exemptions for Nonresidential Development.
(a) 
The nonresidential portion of a mixed-use inclusionary or market-rate development shall be subject to a 2.5% development fee, unless otherwise exempted below.
(b) 
The 2.5% development fee shall not apply to an increase in equalized assessed value resulting from alterations, change in use within the existing footprint, reconstruction, renovations and repairs.
(c) 
Nonresidential developments shall be exempt from the payment of nonresidential development fees in accordance with the exemptions required pursuant to the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 40:55D-8.7), as specified in Form N-RDF "State of New Jersey Nonresidential Development Certification/Exemption." Any exemption claimed by a developer shall be substantiated by that developer.
(d) 
A developer of a nonresidential development exempted from the nonresidential development fee pursuant to the Statewide Non-Residential Development Fee Act shall be subject to the fee at such time as the basis for the exemption no longer applies, and shall make the payment of the nonresidential development fee, in that event, within three years after that event or after the issuance of the final certificate of occupancy for the nonresidential development, whichever is later.
(e) 
If a property which was exempted from the collection of a nonresidential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this section within 45 days of the termination of the property tax exemption. Unpaid nonresidential development fees under these circumstances may be enforceable by the Township of Hope as a lien against the real property of the owner.
f. 
Collection Procedures.
1. 
Upon the granting of a preliminary, final or other applicable approval for a development, the approving authority or entity shall notify or direct its staff to notify the Construction Official responsible for the issuance of a construction permit.
2. 
For nonresidential developments only, the developer shall also be provided with a copy of Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption" to be completed as per the instructions provided. The developer of a nonresidential development shall complete Form N-RDF as per the instructions provided. The Construction Official shall verify the information submitted by the nonresidential developer as per the instructions provided in the Form N-RDF. The Tax Assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.
3. 
The Construction Official responsible for the issuance of a construction permit shall notify the Township Tax Assessor of the issuance of the first construction permit for a development which is subject to a development fee.
4. 
Within 90 days of receipt of such notification, the Township Tax Assessor shall prepare an estimate of the equalized assessed value of the development based on the plans filed.
5. 
The Construction Official responsible for the issuance of a final Certificate of Occupancy shall notify the Township Tax Assessor of any and all requests for the scheduling of a final inspection on a property which is subject to a development fee.
6. 
Within 10 business days of a request for the scheduling of a final inspection, the Township Tax Assessor shall confirm or modify the previously estimated equalized assessed value of the improvements associated with the development; calculate the development fee; and thereafter notify the developer of the amount of the fee.
7. 
Should the Township of Hope fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in Subsection b of Section 37 of P.L. 2008, c. 46 (N.J.S.A. 40:55D-8.6).
8. 
Except as provided in Subsection e1(c) hereinabove, 50% of the initially calculated development fee shall be collected at the time of issuance of the construction permit. The remaining portion shall be collected at the time of issuance of the Certificate of Occupancy. The developer shall be responsible for paying the difference between the fee calculated at the time of issuance of the construction permit and that determined at the time of issuance of the 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 Township of Hope. Appeals from a determination of the Board may be made to the tax court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
(b) 
A developer may challenge nonresidential development fees imposed by filing a challenge with the Director of the Division of Taxation. Pending a review and determination by the Director, which shall be made within 45 days of receipt of the challenge, collected fees shall be placed in an interest-bearing escrow account by the Township of Hope. Appeals from a determination of the Director may be made to the tax court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
g. 
Affordable Housing Trust Fund.
1. 
There is hereby created a separate, interest-bearing Affordable Housing Trust Fund to be maintained by the Chief Financial Officer of the Township of Hope for the purpose of depositing development fees collected from residential and nonresidential developers and proceeds from the sale of units with extinguished controls.
2. 
The following additional funds shall be deposited in the Affordable Housing Trust Fund and shall at all times be identifiable by source and amount:
(a) 
Payments in lieu of on-site construction of a fraction of an affordable unit, where permitted by ordinance or by agreement with the Township of Hope;
(b) 
Funds contributed by developers to make 10% of the adaptable entrances in a townhouse or other multistory attached dwelling unit development accessible;
(c) 
Rental income from municipally operated units;
(d) 
Repayments from affordable housing program loans;
(e) 
Recapture funds;
(f) 
Proceeds from the sale of affordable units; and
(g) 
Any other funds collected in connection with Hope's affordable housing program.
3. 
In the event of a failure by the Township of Hope 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 Township of Hope, or, if not practicable, then within the county or the Housing Region. 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 noncompliant condition(s), and upon a finding of continuing and deliberate noncompliance, 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.
4. 
Interest accrued in the Affordable Housing Trust Fund shall only be used to fund eligible affordable housing activities approved by the court.
h. 
Use of Funds.
1. 
The expenditure of all funds shall conform to a spending plan approved by the court. Funds deposited in the Affordable Housing Trust Fund may be used for any activity approved by the court to address the Township of Hope'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; housing rehabilitation; new construction of affordable housing units and related costs; accessory apartments; a market to affordable program; Regional Housing Partnership programs; conversion of existing nonresidential buildings to create new affordable units; green building strategies designed to be cost saving and in accordance with accepted national or state standards; purchase of land for affordable housing; improvement of land to be used for affordable housing; extensions or improvements of roads and infrastructure to affordable housing sites; financial assistance designed to increase affordability; administration necessary for implementation of the Housing Element and Fair Share Plan; and/or any other activity permitted by the court and specified in the approved spending plan.
2. 
Funds shall not be expended to reimburse the Township of Hope for past housing activities.
3. 
At least 30% of all development fees collected and interest earned on such fees 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 the median income for Housing Region 2, in which Hope is located.
(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. The specific programs to be used for affordability assistance shall be identified and described within the spending plan.
(b) 
Affordability assistance to households earning 30% or less of median income may include buying down the cost of low- or moderate-income units in the municipal Fair Share Plan to make them affordable to households earning 30% or less of median income. The specific programs to be used for very-low-income affordability assistance shall be identified and described within the spending plan.
(c) 
Payments in lieu of constructing affordable housing units on site, if permitted by ordinance or by agreement with the Township of Hope, and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirement.
4. 
The Township of Hope may contract with a private or public entity to administer any part of its Housing Element and Fair Share Plan, including its programs for affordability assistance.
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 consultants' fees necessary to develop or implement a new construction program, prepare a Housing Element and Fair Share Plan, and/or administer an affirmative marketing program or a rehabilitation program.
(a) 
In the case of a rehabilitation program, the administrative costs of the rehabilitation program shall be included as part of the 20% of collected development fees that may be expended on administration.
(b) 
Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with COAH's monitoring requirements. Legal or other fees related to litigation opposing affordable housing sites or related to securing or appealing a judgment from the court are not eligible uses of the Affordable Housing Trust Fund.
i. 
Monitoring. The Township of Hope shall provide annual reporting of Affordable Housing Trust Fund activity to the State of 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 and posted on the municipal website, using forms developed for this purpose by the New Jersey Department of Community Affairs, Council on Affordable Housing or Local Government Services. The reporting shall include an accounting of all Affordable Housing Trust Fund activity, including the sources and amounts of funds collected and the amounts and purposes for which any funds have been expended. Such reporting shall include an accounting of development fees collected from residential and nonresidential developers, payments in lieu of constructing affordable units on site (if permitted by ordinance or by agreement with the Township), funds from the sale of units with extinguished controls, barrier free escrow funds, rental income from Township-owned affordable housing units, repayments from affordable housing program loans, and any other funds collected in connection with Hope's affordable housing programs, as well as an accounting of the expenditures of revenues and implementation of the spending plan approved by the court.
j. 
Ongoing Collection of Fees.
1. 
The ability for the Township of Hope to impose, collect and expend development fees shall expire with the expiration of the repose period covered by its Judgment of Compliance unless the Township of Hope has first filed an adopted Housing Element and Fair Share Plan with the court or with a designated state administrative agency, has petitioned for a Judgment of Compliance from the court or for Substantive Certification or its equivalent from a state administrative agency authorized to approve and administer municipal affordable housing compliance and has received approval of its Development Fee Ordinance from the entity that will be reviewing and approving the Housing Element and Fair Share Plan.
2. 
If the Township of Hope fails to renew its ability to impose and collect development fees prior to the expiration of its Judgment of Compliance, it may be subject to forfeiture of any or all funds remaining within its Affordable Housing Trust Fund. Any funds so forfeited shall be deposited into the New Jersey Affordable Housing Trust Fund established pursuant to Section 20 of P.L. 1985, c. 222 (N.J.S.A. 52:27D-320).
3. 
The Township of Hope 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, nor shall the Township of Hope retroactively impose a development fee on such a development. The Township of Hope also shall not expend any of its collected development fees after the expiration of its Judgment of Compliance.
[Ord. #98-13, § I]
This section may be cited and referred to as the "Right to Farm" Ordinance of the Township of Hope.
[Ord. #98-13, § I]
The purpose of this section is to assure the continuation and expansion of commercial and home agricultural pursuits by encouraging a positive agricultural business climate and protecting the farmer against municipal regulations and private nuisance suits, where recognized methods and techniques of agricultural production are applied and are consistent with relevant Federal and State law and non-threatening to the public health and safety; at the same time, this section acknowledges the need to provide a proper balance among the varied and sometimes conflicting interests of all lawful activities in the State of New Jersey. The retention of agricultural activities is desirable to all citizens in the Township of Hope because it insures numerous social, environmental and economic benefits including the preservation of open space; the preservation of land as a non-replenishable resource and as a source for agricultural products for this and future generations; and the protection and maintenance of the aesthetic beauty of the countryside and rural character of the community which includes farm architecture and scenic variety.
This section shall be applicable in all zones within the Township in which " agriculture" is a permitted use.
[Ord. #98-13, § I]
ACCEPTABLE AGRICULTURAL MANAGEMENT PRACTICES
Shall mean the agricultural management practices recommended or endorsed by the New Jersey Department of Agriculture, the Rutgers University Extension Service, the State Agricultural Development Committee, the New Jersey Department of Environmental Protection and relevant Federal or State statutes rules and regulations adopted pursuant thereto.
AGRICULTURE
Shall mean the production principally for the sale to others of plants, animals or their products, including, but not limited to, forage and sod crops, grain and feed crops, dairy animals and dairy product; livestock including dairy and beef cattle, poultry, sheep, swine, horses, ponies, mules and goats; including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products and other commodities as described in the Standard Industrial Classification for agriculture, forestry, fishing and trapping. Agriculture shall not include intensive poultry or swine production or commercial feedlot operations.
FARM
Shall mean an area of land made up of single or multiple joining or non-joining parcels which is organized as a management unit actively devoted to agricultural or horticultural use, including, but not limited to, cropland, pasture, idle or fallow land, woodland, wetlands, farmponds, farm roads and under farm buildings and other enclosures related to agricultural pursuits, which occupies a minimum of the lesser of five acres or five times the minimum lot size of the zone in which the property is located, exclusive of the land upon which the farmhouse is located and such additional and as may actually be used in connection with the farmhouse as provided in the Farmland Assessment Act of 1965, R.S. 54:4-23.3, 4-23.4, 4-23.5 and 4-23.11.
NUISANCE
Shall mean any private action which unreasonably interferes with the comfortable enjoyment of another's property, which may be enjoined or abated and for which the injured or affected property owner may recover damages.
PERMANENT FARM STAND
Shall mean an enclosed, fixed accessory building with a maximum height of sixteen (16') feet or one story, which ever is less, and a maximum square footage of 500 square feet. Not less than 75% of the retail area shall be devoted to the sale of farm products grown or made on site. A non-illuminated sign, not to exceed eight square feet, advertising the farm stand shall be permitted.
[Ord. #98-13, § I]
In accordance with the purposes and preambles set forth herein, it shall be presumed that uses, activities and structures associated with agriculture shall not constitute a public or private nuisance, provided that such agricultural uses are conducted in conformance with acceptable agricultural management practices as defined herein. Protected agricultural uses and activities shall be deemed to include, but shall not be limited to the following:
a. 
Produce agricultural and horticultural crops, trees and forest products, livestock, poultry and other related commodities;
b. 
Process and package the agricultural output of the farm;
c. 
The use of land for the grazing of animals;
d. 
Replenish soil nutrients, including but not limited to, the spreading of manure and applying federally approved chemical and organic fertilizers;
e. 
Use federally approved products in accordance with labeled instructions as recommended by State, Federal or County bodies such as the New Jersey Agricultural Experiment Station and the U.S. Environmental Protection Agency for the control of pests, predators, varmints, diseases affecting plants and livestock, and for the control of weed infestation;
f. 
Clear woodlands using open burning and other accepted techniques and install and maintain vegetative and terrain alterations and other physical facilities for water and soil conservation and surface water control in wetland areas;
g. 
Use irrigation pumps and equipment and aerial and ground seeking and spraying, using tractors and other necessary equipment;
h. 
Hire and utilize necessary farm labor;
i. 
Construct fences;
j. 
Conduct of on-site disposal of organic and agricultural waste, in accordance with guidelines issued by the New Jersey Departments of Agriculture and Environmental Protection;
k. 
The utilization of tractors and other necessary equipment, and the transport of tractors and other large slow-moving equipment on the public roads within the Township;
l. 
The creation of noise, odors and fumes inherently associated with agricultural uses;
m. 
Conduct farming activities on holidays and Sundays as well as weekdays, in the evening and during the day, notwithstanding the production thereby of normal but unavoidable noise, dust, odors and fumes caused by such necessary activities in accordance with recognized agricultural practices.
[Ord. #98-13, § I]
The agricultural output of a farm as defined herein, and related products that contribute to farm income, may be sold from the farm for wholesale or retail use. " U-pick" and farm stand marketing and sales shall be specifically permitted. Both farm and non-farm produced products may be sold from a farm stand provided that non-farm products occupy not more than 25% of the retail area of the stand. All farm stands shall be operated only during daylight hours and only during the normal "growing season" for this area.
[Ord. #98-13, § I]
For the purpose of giving due notice of nearby farming uses to proposed new residential areas adjacent to land then being commercially farmed or suitable, therefore, the Planning Board shall require an applicant for an adjacent major or minor subdivision, as a condition of approval of such application, to include a provision in each and every deed conveying all or any portion of the lands thereby subdivided, as well as on filed final subdivision maps, the following record notice to and waiver by grantees of objection to such present or future proximate farming uses, which such provision shall be made to run with the land:
"The grantee hereby acknowledges notice that there are presently or may in the future be farm uses adjacent or in close proximity to the above-described premises. The grantee further acknowledges that the Township of Hope, in its adopted Right-to-Farm Ordinance, has deemed established as acceptable activities which may result in the emanation of noise, odors, dust and fumes caused by such necessary activities when conducted in accordance with recognized agricultural practice. Such activities include but are not limited to the production and processing of agricultural and horticultural crops and livestock, aerial and ground spraying, the spreading of manure and chemical and organic fertilizers and the wholesale and retail marketing of agricultural and related products. The grantee further acknowledges that such activities may occur on holidays, weekends and at all times of the day, including early morning, evening and nighttime hours. By acceptance of this conveyance, the grantee does hereby waive objection to such activities."
[Ord. #98-13, § I]
If any provisions hereof shall be adjudicated invalid, such determination shall not affect the remaining provisions hereof, which shall remain in full force and effect to the extent severable for such determination.
[Ord. #98-13, § I]
All ordinances and all provisions thereof inconsistent or conflicting with the provisions of this section are hereby repealed to the extent of such conflicts or inconsistency provided not otherwise required by law.