Attachment 1 - Figure 1 - AFD Regulations
Attachment 2 - Schedule 1 District Use RegulationsAttachment 3 - Schedule 2 Area, Bulk and Yard RequirementsAttachment 4 - Schedule 3 Area, Bulk and Yard Requirements, R-80V and R-40V ZonesAttachment 5 -- Schedule 4 Minimum Disturbed Land Area Requirements R-40V and R-80V ZonesAttachment 6 - Schedule 5 Permitted Business and Real Estate SignsAttachment 7 - Schedule 6 Buffer Zone RequirementsAttachment 8 - Zoning Map
Attachment 2 - Schedule 1 District Use RegulationsAttachment 3 - Schedule 2 Area, Bulk and Yard RequirementsAttachment 4 - Schedule 3 Area, Bulk and Yard Requirements, R-80V and R-40V ZonesAttachment 5 -- Schedule 4 Minimum Disturbed Land Area Requirements R-40V and R-80V ZonesAttachment 6 - Schedule 5 Permitted Business and Real Estate SignsAttachment 7 - Schedule 6 Buffer Zone RequirementsAttachment 8 - Zoning Map[1985 Code § 22-1.1]
An Ordinance to Amend an Ordinance entitled "Ordinance No. 1977-4
An Ordinance to Regulate and Restrict the Location and Use of Buildings,
Structures and Land for Industries, Business, Residence or Other Purposes;
the Height and Size of Buildings and Other Structures; the Intensity
of Such Uses; the Area of all Yards and Other Open Spaces; to Divide
the Borough into Districts and to Provide for Enforcement of the Provisions
Herein and Prescribe Penalties. (For the Violation thereof in Accordance
with Chapter 291) of the Public Laws of the State of New Jersey, 1975.)
[1985 Code § 22-1.2]
This chapter shall be known and cited as the "Zoning Regulations"
of the Borough of Ringwood.
[1985 Code § 22-1.3]
a.
The intent of this chapter is to establish a precise and detailed
plan for the use of land and buildings in the Borough of Ringwood
and is enacted in order to promote and protect the public health,
safety, morals and general welfare of the people.
b.
In no instance, except as otherwise provided after the adoption of
this chapter, shall any use be permitted in the Borough which is not
listed as a permitted, accessory or conditional use as specified herein.
Any uses not permitted or specified shall be prohibited.
[1985 Code § 22-1.4]
Such zoning regulations are deemed necessary to achieve the
following purposes:
a.
To protect the character and maintain the stability of all areas
within the Borough, and to promote the orderly and beneficial development
of such areas.
b.
To regulate the intensity, nature and extent of use of zoning lots
and to determine the areas of open spaces surrounding buildings necessary
to provide adequate light and air, privacy and convenience of access
to property and to protect the public health, safety and welfare.
c.
To establish building lines and the location of buildings designed
for residential, commercial, industrial, office or other uses within
such lines and to fix reasonable standards to which buildings or structures
shall conform.
d.
To prohibit uses, buildings or structures which are incompatible
with the character of development or their permitted uses within specified
zoning districts.
e.
To prevent such additions to and alterations or remodeling of existing
buildings or structures as would not comply with the restrictions
and limitations imposed hereunder.
f.
To limit congestion in the public streets and so protect the public
health, safety, convenience and general welfare by providing for off-street
parking of motor vehicles and for the loading and unloading of commercial
vehicles.
g.
To encourage the appropriate use or development of lands in this
community in a manner which will promote the public health, safety,
morals, and general welfare.
h.
To secure safety from fire, flood, panic and other natural and man-made
disasters.
i.
To ensure that the development and general welfare within Ringwood
does not conflict with the development and general welfare of neighboring
municipalities, the County and the State as a whole.
j.
To promote the establishment of appropriate population densities
and concentrations that will contribute to the well-being of persons,
neighborhoods, communities and regions and preservation of the environment.
k.
To provide sufficient space in appropriate locations for a variety
of agricultural, residential, recreational, commercial and industrial
uses and open space, both public and private, according to their respective
environmental requirements in order to meet the needs of all New Jersey
citizens.
l.
To promote a desirable visual and aesthetic environment through creative
development techniques and a good civic design and arrangements.
m.
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.
n.
To encourage coordination of the various public and private procedures
and activities shaping land development with a view of lessening the
cost of such development and to the more efficient use of land.
o.
To reduce the hazards which exist in steep sloping areas by reason
of erosion, siltation, flooding, surface water runoff, pollution of
potable water supplies from point and non-point sources.
p.
To preserve streams, watercourses and wetlands in their natural state
wherever possible and practical.
q.
To preserve and protect the quality and quantity of ground and surface
water supply from pollution and violation of their safe yield.
r.
To preserve and protect areas of high water table, flood way and
flood hazard areas.
s.
To assure the adequacy of existing and proposed culverts and bridges;
to induce water recharge into the ground where practical; to lessen
non-point pollution; to maintain the integrity of stream channels
for their biological functions as well as for drainage and the means
necessary for water supply, preservation or prevention or alleviation
of flooding.
[1985 Code § 22-2.1]
Unless the context otherwise indicates, the following definitions
shall be used in the interpretations and construction of this chapter.
Words used in the present tense include the future and the future,
the present; the singular number shall include the plural and the
plural, the singular; the word "structure" includes the word "building";
the word "lot" includes the word "plot"; the word "occupied" includes
the words "designed or intended to be occupied"; the word "used" shall
include the words "arranged, designed, constructed, altered, converted,
rented, leased or intended to be used"; the word "shall" is mandatory
and not optional, and the word "may" is permissive.
[1985 Code § 22-2.2; Ord. No. 1995-04; Ord. No. 1997-01 §§ 1,
3; Ord. No. 2001-03 § 1; Ord. No. 2011-01 § 4; Ord. No. 2013-#01 § 3; Ord. No. 2017-07]
As used in this chapter:
Shall mean a use or structure, other than a residential storage
shed as hereinafter defined, subordinate to the principal use or structure
on the same lot that serves a purpose customarily incidental to the
principal use or to the principal structure.
Shall mean any changes in the supporting members of a building,
such as bearing walls, columns, beams or girders, or interior partitions,
as well as any changes in doors, windows, or means of ingress or egress;
or any enlargement to or diminution of a building or structure, whether
horizontally or vertically; or the moving of a building or structure
from one location to another.
[Amended 12-15-2020 by Ord. No. 2020-12]
Shall mean a place where animals or pets are given medical
or surgical treatment.
Shall mean any building, structure or premises in which animals
are kept, sold, boarded or trained for commercial purposes.
Shall mean a person, firm, partnership, corporation, or public
agency submitting an application for development.
[Amended 12-15-2020 by Ord. No. 2020-12]
Shall mean the application form and all accompanying documents required by ordinance for approval of a subdivision, site plan, conditional use, zoning variance or direction of the issuance of a permit pursuant to law, as required by Chapter 38, Site Plan Review, and Chapter 36, Land Subdivision and the rules and regulations of the Approving Authority.
Shall mean a building or place of business where gasoline,
fuel, oil and grease and/or batteries, tires and automobile accessories
are supplied and dispensed directly to the motor vehicle trade and/or
where mechanical repair is rendered.
Shall mean a story partly below grade level, having more
than 1/2 of its floor-to-ceiling height above the average level of
the adjoining ground. A "basement" shall be counted as a story if
used for business or dwelling purposes.
Shall mean a dwelling containing not more than six rooms
in which overnight accommodations and a morning meal and/or afternoon
tea-snack are provided for transient guests for compensation and in
which the guests' accommodations are an accessory to the principal
use of the dwelling, which is a residence for the owner. The definition
should also include the following additional requirements: Each bed
and breakfast shall maintain a guest register which shall be readily
available for inspection. No guest may stay in a bed and breakfast
for more than 14 consecutive days.
Shall mean the Planning Board of the Borough of Ringwood.
Shall mean the Borough of Ringwood in the County of Passaic
in the State of New Jersey.
Shall mean a contiguous area of specified width adjacent
to a lot either in its natural state or planted with evergreens or
other suitable vegetation so as to form an effective year-round noise
and visual screen. Such areas may contain fences, underground utilities,
walls and earth berms but shall not include any other principal or
accessory building or use, parking areas and aisles, or storage areas
except that access drives and signs approved by the Approving Authority
may be included.
Shall mean a combination of materials to form a construction
adapted to permanent, temporary or continuous occupancy, having a
roof supported by columns or walls and intended for the shelter, housing,
or enclosure of any individual, animal, process, equipment goods,
or materials of any kind and intended for use in one place. When such
a structure is divided into separate parts by one or more unpierced
walls extending from the ground up to an through the roof, each part
is deemed a separate building except as regards minimum side yard
requirements.
[Amended 12-15-2020 by Ord. No. 2020-12]
Shall mean the vertical distance from the lowest elevation
at grade of an exposed wall to the elevation of the highest point
of the roof.
Shall mean a structure in which is conducted the principal
use of the site on which it is situated.
All parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant, which are cultivated and, when applicable, manufactured in accordance with the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.), for use in cannabis products, and medical cannabis intended for consumption by registered qualifying patients pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.), and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.); but shall under no circumstance include marijuana as defined in N.J.S.A. 2C:35-2 and applied to any offense set forth in Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or P.L. 2021, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or marihuana as defined in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2), and applied to any offense set forth in the New Jersey Controlled Dangerous Substances Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et seq.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the New Jersey Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et seq.).
[Added 3-15-2022 by Ord.
No. 2022-04]
Any licensed person or entity that grows, cultivates, or
produces cannabis in this state, and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers.
[Added 3-15-2022 by Ord.
No. 2022-04]
Any licensed person or entity that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which, after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer.
[Added 3-15-2022 by Ord.
No. 2022-04]
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports cannabis items in bulk transport
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities.
[Added 3-15-2022 by Ord.
No. 2022-04]
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler or a cannabis distributor.
[Added 3-15-2022 by Ord.
No. 2022-04]
Any licensed person or entity that processes cannabis items
by purchasing or otherwise obtaining usable cannabis, manufacturing,
preparing, and packaging cannabis items, and selling, and optionally
transporting, these items to other cannabis manufacturers, cannabis
wholesalers, or cannabis retailers, but not to consumers.
[Added 3-15-2022 by Ord.
No. 2022-04]
A product containing usable cannabis, cannabis extract, or
any other cannabis resin, and other ingredients intended for human
consumption or use, including a product intended to be applied to
the skin or hair, edible cannabis products, ointments, and tinctures.
[Added 3-15-2022 by Ord.
No. 2022-04]
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers.
[Added 3-15-2022 by Ord.
No. 2022-04]
Shall mean a roofed structure providing space for the parking
of motor vehicles and enclosed on not more than two sides.
Shall mean a story partly or totally below grade level, having
more than 1/2 of its floor-to-ceiling height below the average level
of the adjoining ground. A "cellar" shall be counted as a story if
used for business or dwelling purposes.
Shall mean an establishment licensed and approved by the
Division of Youth and Family Services maintained for the care, development
and supervision of six or more children under six years of age who
attend for less than 24 hours a day.
Shall mean a place or facility designed and equipped for
indoor or outdoor recreation facilities such as swimming pools, tennis
courts, volleyball courts and other court games; and facilities such
as baseball and other field sports, playfields and playgrounds, golf
course and other similar recreation facilities all of which are maintained
as an integral part of a planned recreation development for the exclusive
use of persons using the facility. Commercial recreation does not
include amusement parks, electronic game arcades, campgrounds or similar
uses.
Shall mean any power-driven vehicle used or designed to be
used for commercial purposes on the highways or roadways or in construction,
whether or not the vehicle is registered as, and bears, commercial-type
license plates.
Shall mean any shelter approved for a purchase of service
contract and certified pursuant to N.J.S.A. 30:40-1 through N.J.S.A.
30:40-14 providing food, shelter, medical care, legal assistance,
personal guidance, and other services to more than six persons and
not more than 15 persons who have been victims of domestic violence,
including any children of such victims, who require shelter and assistance
in order to protect their physical or psychological welfare.
Shall mean a use permitted in a particular zoning district
only upon showing that such use in a specified location shall comply
with the conditions and standards for the location or operation of
such use as contained in this chapter and the issuance of an authorization
thereof by the Approving Authority.
Shall mean a structure containing not more than 25 guest
rooms, full-service restaurant, snack bar and/or gift shop. The owner
or operator may reside on the premises. The restaurant, snack bar
and gift shop may be opened to the public. The structure shall be
at least 2.5 stories high and may contain not more than 12,500 square
feet of gross floor area. All guest rooms shall be accessed from internal
corridors and the overall visual impact shall be of a "large residence"
when viewed in terms of scale and building materials.
Shall mean any area which is bounded by three or more sides
by buildings or walls which effectively enclose the area.
Shall mean an unroofed platform structure having vertical
height of more than eight inches above the ground.
[Amended 12-15-2020 by Ord. No. 2020-12]
Shall mean those areas which exist or are created for the
temporary storage of stormwater and for the controlled discharge of
this water to a receiving drainage system.
Shall mean the legal or beneficial owner or owners of a lot
or of any land proposed to be included in a proposed development,
including the holder of an option or contract to purchase or other
person having an enforceable proprietary interest in such land.
Shall mean the division of a parcel of land into two or more
parcels, the construction, reconstruction, conversion, structural
alteration, relocation or enlargement of any building or other structure
or of any mining excavation or landfill, and any use or change in
the use of any building or other structure or land or extension of
use of land for which permission may be required.
Shall mean any portion of the territory of the Borough within
which certain uniform regulations and requirements or various combinations
thereof apply under the provisions of this chapter.
Shall mean a private way providing vehicular access to one
or more parcels of property.
Shall mean any permanent building or portion thereof designed
or used exclusively as the residence or sleeping places of one or
more persons.
DWELLING, ONE-FAMILYShall mean a building which is completely surrounded by permanent open space occupied or intended for occupancy exclusively by one family or one household, with cooking, sleeping and sanitary facilities for the use of the occupants of the dwelling unit, and may also be referred to as a "single-family dwelling."
DWELLING, TWO-FAMILYShall mean a building occupied or intended for occupancy as separate living quarters for no more than two families or two households with separate cooking, sleeping and sanitary facilities for the exclusive use of the occupants of each unit, which units are separated from each other by vertical walls to and through the roof, and may also be referred to as a "duplex" dwelling or by horizontal floors.
DWELLING, MULTI-FAMILYShall mean a structure or building occupied or intended for occupancy as separate living quarters for more than two families or households with separate cooking, sleeping and sanitary facilities for the exclusive use of the occupants of each unit.
Shall mean one or more rooms, occupied or intended for occupancy
as separate living quarters by one family or household provided that
access is directly from the outside or through a common hall and that
separate cooking, sleeping and sanitary facilities are provided within
the dwelling for the exclusive use of the occupants thereof.
Shall mean the erection, construction, alteration or maintenance
by public utilities or municipal or other government agencies of electrical,
gas, water transmission or distribution systems or collection, communication,
water supply or sewage treatment and collection systems, including
poles, electric wires, water mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, police call boxes, traffic signals, light
stanchions, telephone lines, hydrants and other similar equipment
and accessories in connection therewith, reasonably necessary for
the furnishing of adequate services by such public utilities or municipal
or other governmental agencies or for the public health, safety or
general welfare, but not including buildings.
Shall mean any number of persons related by blood, marriage
or adoption or living together as a single housekeeping unit and using
certain rooms and housekeeping facilities in common. A "family" shall
also include foster children placed with a family in such dwelling
by the Division of Youth and Family Services in the Department of
Institutions and Agencies or a duly incorporated child care agency
and children placed pursuant to law in single-family dwellings known
as "group homes."
Shall mean any private residence approved by the Division
of Youth and Family Services or an organization with which the Division
contracts for family day care in which child care services are regularly
provided to no less than three and no more than five children for
no less than 15 hours a week. A child who is cared for under the following
circumstances is not included in the total number of children receiving
child care services:
Shall mean an area of land which is actively devoted to agricultural
or horticultural use which occupies no less than five acres exclusive
of the land upon which the farm house is located and such additional
land, in conformance with the minimum lot size of the zone in which
the farm is located, as may actually be used in connection with the
farm house as provided in N.J.S.A. 54:4-23.3, 54:4-23.4, 54:4-23.5,
and 54:4-23.11.
A combination of warehouse, storage, light manufacturing
and/or office space developed for sale or lease to individual tenants
where each tenant occupies a space for a combination of permitted
uses, typically an office/warehouse space. Flex spaces are typically
developed with several tenant spaces in one structure and are often
used by trade industries such as plumbers, electrician, contractors
and similar uses that require truck and equipment storage with an
associated office space. The warehouse portion of the use could also
include some light manufacturing such as cabinet making, assembly
of products and similar production uses.
[Added 12-15-2020 by Ord.
No. 2020-12]
Shall mean the rivers or other watercourses and adjacent
land areas subject to inundation as defined by the New Jersey Department
of Environmental Protection in the event of the design flood. These
areas include, but are not necessarily limited to, the floodway and
flood fringe areas as delineated on the Flood Insurance Study for
the Borough of Ringwood dated August, 1981 with accompanying Flood
Insurance Rate Maps and Flood Boundary Maps prepared by the Federal
Emergency Management Agency.
Shall mean the rivers or other watercourses and the adjacent
land areas to be reserved in order to discharge the design flood without
cumulatively increasing the water surface elevation more than 0.2
foot or as defined by the New Jersey Department of Environmental Protection.
Shall mean the sum of the gross horizontal areas of the several
floors of a building measured from the exterior walls of the building.
"Floor area" shall not include areas devoted to mechanical equipment
serving the building, stairways and elevators, areas devoted exclusively
to off-street parking and loading space for motor vehicles or to any
space where the floor-to-ceiling height is less than seven feet.
Shall mean the ratio of floor area to lot area, both expressed
in square feet.
The production of food or beverage products from raw goods
and/or farm products, such as salsa from vegetables, cheese from milk,
jams and pies from fruit, juice from fruits or vegetables, etc.
[Added 12-15-2020 by Ord.
No. 2020-12]
Shall mean a building used for the inside storage of one
or more vehicles. If it is maintained primarily for the convenience
of the resident-occupant of the premises and no service is rendered
to the public or business conducting therein, it is a private garage.
Any garage other than a private garage is a public garage.
Shall mean the Council of the Borough of Ringwood.
Shall mean the total number of dwelling units existing or
permitted on a housing site divided by the total area of the tract.
The result is expressed as dwelling units per acre.
Shall mean the sum of the gross horizontal areas of the several
floors of a building measured from the exterior walls of the building.
Shall mean any building, structure, area or property that
is significant in the history, architecture, archeology or culture
of this State, its communities or the Nation and has been so designated
pursuant to law.
Shall mean an occupation for gain or support conducted only
by members of a family residing in a dwelling unit. Licensed professional
occupations shall not be permitted as home occupations.
Shall mean any animal which is a solid-hoofed or cleft-hoofed
quadruped including, but not limited to, horses, ponies, sheep, goats,
cows, donkeys and mules whether mature animals or their young.
Shall mean a group of not more than four persons who are
not related by blood, marriage or adoption, who live together as a
bona fide single housekeeping unit.
Shall mean the percentage of lot area which is improved with
principal and accessory buildings, structures and uses including,
but not limited to, driveways, tennis courts, parking areas, garages,
walkways, patios, loading areas, hard surfaces or other man-made improvements.
Detention or retention basins shall be excluded from such calculations
provided same is constructed of natural materials.
Shall mean and include any automobile, motor vehicles, parts
thereof and/or machinery no longer in actual or current use as such,
or which is dismounted or disassembled, being overhauled or wholly
unfit for use without rebuilding or reconditioning, or which has been
discarded from the original use for which it was intended or is not
licensed for the current year.
Shall mean an off-street space or berth on the same lot with
a building or a group of buildings used for temporary parking of a
commercial vehicle while loading or unloading merchandise, materials,
or equipment.
Shall mean a designated parcel, tract or area of land established
by a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
LOT, CORNERShall mean a parcel of land located at the junction of and abutting two intersecting streets or at the bend of the same street where the angle of intersection does not exceed 135°.
LOT, INTERIORShall mean a parcel of land other than a corner lot or three-sided lot.
LOT, THREE-SIDEShall mean a lot having frontage along three streets.
LOT, THROUGHShall mean a parcel of land which extends through from one street to another.
Shall mean the computed area contained within the lot line.
Shall mean the percentage of a lot area which is occupied
by buildings and accessory structures including swimming pools, porches,
decks, chimneys and other related building appurtenances but not including
walkways, driveways, patios, tennis courts, open parking areas and
loading areas.
Shall mean a horizontal distance between the front lot line
and rear lot line, measured perpendicular or radial to the front lot
line at the midpoint of the lot frontage to the furthest distance
thereof or taken as the average of three measurements, one taken at
each corner and one taken at the midpoint for irregularly shaped parcels.
Shall mean the length of the front lot line.
Shall mean a line of record bounding the lot.
LOT LINE, FRONTShall 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, curbline or edge-of-pavement line. On a street or highway shown on the adopted Master Plan of the Borough, the front lot line shall be considered to be the proposed right-of-way line for the street.
LOT LINE, REARShall mean the lot line opposite and most distant from the front lot line.
LOT LINE, SIDEShall mean any lot line other than a front or rear lot line.
Shall mean the horizontal distance between the side lot lines,
measured parallel to the front lot line at the required front yard
setback line.
Shall mean housing affordable according to Federal Department
of Housing and Urban Development or the standards included in this
chapter for home ownership and rental costs, occupied or reserved
for occupancy by households with a gross household income equal to
50% or less of the median gross household income for households of
the same size within the housing region in which the housing is located,
and which is subject to eligibility and affordability controls promulgated
by the Council on Affordable Housing.
Shall mean low and moderate income housing as defined in
this chapter.
Shall mean the mechanical, electrical or chemical transformation
of materials or substances into new products, excluding the assembly
of components which are prepared from previously prepared materials.
A facility that brews on the premises in small batches and
is licensed as a microbrewery by the State of New Jersey. Sales of
the product and accessory items may be located on site and distributed
from the site. A tasting room may be stand-alone or as an accessory
to a microbrewery.
[Added 12-15-2020 by Ord.
No. 2020-12]
A facility that distills spirits and is licensed by the State
of New Jersey as a microdistillery. Sales of the product and accessory
items may be located on site and distributed from the site. A tasting
room may be stand alone or as an accessory to a microdistillery.
[Added 12-15-2020 by Ord.
No. 2020-12]
Shall mean housing affordable according to Federal Department
of Housing and Urban Development or the standards in this chapter
for home ownership and rental costs, occupied or reserved for occupancy
by households with a gross household income in excess of 50% but less
than 80% of the median gross household income for households of the
same size within the housing region in which the housing is located,
and which is subject to the eligibility and affordability controls
promulgated by the Council On Affordable Housing in this chapter.
Shall mean a lot, the area, dimension or location of which
fails to conform to the requirements of the zoning district in which
it is located.
Shall mean a structure the size, dimension or location of
which fails to conform to the requirements of the zoning district
in which it is located.
Shall mean a use or activity which was lawful prior to the
adoption, revision or amendment of this chapter.
Shall mean not located on the property which is the subject
of a development application nor on a contiguous portion of a street
or right-of-way.
Shall mean located outside the lot lines of the lot in question
but within the property (of which the lot is a part) which is the
subject of a development application or contiguous portion of a street
or right-of-way.
Shall mean located on the lot in question.
Shall mean located on the property which is the subject of
a development application or on a contiguous portion of a street or
right-of-way.
Shall mean any area exclusively designated for the temporary
storage of automobiles and other vehicles for the private use primarily
by the occupants thereof to which such use is accessory.
Shall mean any area other than a street or other public way
exclusively designated for the temporary storage of automobiles and
other vehicles and available to the public, whether for a fee or without
compensation, or as an accommodation for clients, customers or employees.
Shall mean a platform structure having a vertical height
of not more than eight inches above the ground and more than 42 inches
wide.
Shall mean any individual, firm, association, partnership,
corporation, syndicate, copartnership, trust or other legal entity.
Shall mean the Planning Board of the Borough of Ringwood.
The storage or processing of materials or products, and where
such materials may be prepared for sale, combined, broken down, or
aggregated for shipment or storage and where the original material
is not chemically or physically changed.
[Added 12-15-2020 by Ord.
No. 2020-12]
Shall mean public parks, playgrounds, trails, paths and other
recreational areas; other public open spaces; scenic and historic
sites; and sites for schools and other public buildings and structures.
Shall mean an open space area conveyed or otherwise dedicated
to a municipality, municipal agency, Board of Education, State or
County agency or other public body for recreational or conservational
uses.
Shall mean a structure, place or community in which weddings,
ceremonies, rituals, education and living according to a particular
system of belief are held.
Shall mean a residential facility, licensed under N.J.A.C.
5:27A, that provides food, shelter, clinical assessment, medical detox,
residential rehabilitation, behavioral health services, aftercare,
employee care and lifestyle wellness to persons, 18 years of age or
older, suffering from substance abuse addiction.
Shall mean a building or structures designed, used or intended
for use in which either food or beverages or both are sold and consumed
primarily within the confines of an enclosed structure or a designated
area on the site, as approved by the Approving Authority. A "restaurant"
shall also include pickup or delivery services wherein food is prepared
on all the premises for off-premises consumption.
Shall mean those areas which exist or are created for the
storage of stormwater and absorption of this water into the ground.
A building or group of buildings containing separate, individual
and private storage spaces of varying sizes available for lease or
rent for varying periods of time.
[Added 12-15-2020 by Ord.
No. 2020-12]
Shall mean a structure with a footprint of 10 feet by 12
feet or smaller with a height of 10 feet or less located on a residential
lot used only for homeowner/household storage purposes. Any structure
with a larger footprint or with a height in excess of 10 feet shall
not be considered a residential storage shed regardless of use.
Shall mean a group of commercial establishments planned,
constructed and managed as a total entity with customer and employee
parking provided onsite, provision for goods and delivery separated
from customer access, aesthetic considerations and protection from
the elements.
Shall mean an area of land established at the intersection of two or more streets and/or driveways, defined by three points; the first being the intersection of the centerline of the intersecting street or driveway and the right-of-way of the intersected street; and the second and third points being those points where the "sight distance," as provided in Chapter 38 Site Plan Review and Chapter 36 Land Subdivision, intersects with the nearest edge of the pavement or traveled cartway.
Shall mean a name, identification, structure, object, illumination,
description or any other visual display which is affixed to, painted
on, or represented directly or indirectly upon a building, structure,
object or land and which directs attention to an organization, object,
person, place, activity, institution, service, business or industry.
A sign shall not include the following:
Any display or any official notice of any government, any official
agency thereof or of any water supply district.
Any official traffic control device within a public right-of-way.
Any flag, emblem or insignia of any government, school or church.
Any sign located completely within an enclosed building, except
for illuminated or flashing signs behind the windows which are visible
or directed to be seen from the outside of the building or structure.
Any sign indicating the private nature of a driveway or no trespassing
sign not exceeding 1.5 square feet in area.
Any name plate or street address sign not exceeding one square
foot in area.
Shall mean the area enclosed by the outer edge of the outermost
frame or border of the sign if it is enclosed in a frame or border
or, if the sign is not enclosed in a frame or border, the area of
the smallest rectangle which encompasses all of the background and
features of the sign except for temporary banners.
Shall mean the height of a free-standing sign which shall
be measured from the lowest point of the sign to the highest point
of the sign.
Shall mean a sign which directs attention to an individual,
business, product or service conducted, sold, leased or offered elsewhere
than on the premises where the sign is located. For the purpose of
this chapter, a billboard shall be considered an advertising sign.
Shall mean a sign which directs attention to an individual,
business, product or service conducted, sold, leased, or offered on
the premises where the sign is located.
Shall mean a non-advertising sign which directs attention
to vehicular or pedestrian entrances or exits, parking areas, reserved
parking spaces or similar site elements and is intended only for the
safety and convenience of employees, patrons, or visitors.
Shall mean a sign with illumination which is not maintained
at a constant intensity, color or position at all times.
Shall mean a sign having not more than two display sides
supported by uprights or braces placed upon the ground and not attached
to any building.
Shall mean a sign which rotates or shifts or appears to rotate
or shift position.
Shall mean a sign which directs attention to the sale or
rental of the premises or a portion of the premises upon which it
is located provided the sign has been authorized by the owner of the
premises and is removed within 30 days after the consummation of the
sale or rental.
Shall mean a sign which directs attention to special or periodic
functions of civic, religious, community, veterans, volunteer fire,
first aid or other similar organizations. It shall also include a
sign which directs attention to the grand opening of a new business
that has been issued the appropriate approvals from the Building Department.
Shall mean a sign placed against or painted on an exterior
street-facing wall of a building or wall at right angles to a street-facing
wall of a building so that the display surface is parallel with the
surface of the wall and does not extend beyond the limits of the wall
or the portion of the building occupied or intended to be occupied
by the subject use. A sign placed against or painted on an awning
or marquee attached to an exterior street-facing wall shall be considered
a wall sign.
Shall mean the ratio of rise of land to horizontal separation
of this rise. For the purpose of this chapter, a slope shall be determined
by dividing vertical elevation difference on adjacent contour lines
by the scaled horizontal distances perpendicular to these adjacent
contour lines.
Standards provided in this chapter and Chapter 38 Site Plan Review and Chapter 36 Land Subdivision regulating vibration, glare, odors, air pollution, fire and explosion hazards, water pollution, noise, radioactive and electrical disturbances and such other similar matters as may be reasonably required by the Borough or standards required by applicable Federal, State or Interstate Law.
Shall mean land surface gradients of 15% or greater. Steep
slopes shall also mean steep topography.
Shall mean that portion of a building between the surface
of any floor and the surface of the floor above it or, if there is
no floor above it, then the space between the surface of the floor
and the ceiling above it.
STORY, HALFA partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story.
STORY, FIRSTThe lowest story or the ground story of any building, the floor of which is not more than 12 inches below the average contact ground level at the exterior walls of the building.
Shall mean any natural body of water flowing continuously
or intermittently whether designated as a stream, brook, river or
otherwise and consisting of a bed, bank and water but not including
lakes.
Shall mean any street, avenue, boulevard, road, parkway,
viaduct, drive or other way which is an existing State, County or
municipal roadway or which is shown upon a plat heretofore approved
pursuant to law or which is shown on a plat duly filed and recorded
in the Office of the County Recording Officer prior to the appointment
of a Planning Board and the grant to such Board of the power to review
plats, and includes the land between the street lines, whether improved
or unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas and other areas within the street lines.
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, curbline or edge-of-pavement
line. On a street or highway shown on the adopted Master Plan of the
Borough, the street line shall be considered to be the proposed right-of-way
line for the street.
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.
Shall mean any structure having a depth greater than two
feet or a water surface area in excess of 250 square feet which is
used for swimming, bathing or wading purposes.
Shall mean any woody perennial plant with one main trunk,
such trunk having a diameter of at least four inches when measured
4 1/2 feet above the level of the existing grade.
Shall mean the removal of trees for the production or sale
of pulpwood, lumber, poles, firewood or other wood or wood composition
products for commercial purposes. Tree harvesting shall not include
tree removal from nurseries and garden centers.
Shall mean the specific purpose for which land or a building,
structure or facility is designed, arranged or intended, or for which
it is or may be occupied or maintained.
Shall mean permission to depart from the literal requirements
of this Zoning chapter pursuant to law.
Shall mean a platform structure having vertical height of
up to eight inches above the ground and not more than 42 inches wide.
Shall mean a building used primarily for the storage of goods
and materials.
A building used primarily for the storage of goods and materials
by the owner of the goods or operated for a specific commercial establishment
or group of establishments in a particular industrial or economic
field.
[Added 12-15-2020 by Ord.
No. 2020-12]
Shall mean rivers, streams, brooks, waterways, lakes and
all other bodies of water, whether public or private, excluding piped
drainage systems, which are contained within, flow through or border
on the Borough of Ringwood and which receives or conducts surface
water runoff.
Shall mean those areas that are inundated by surface or ground
water with a frequency sufficient to support and under normal circumstances
does or would support a prevalence of vegetative or aquatic life that
requires saturated or seasonally saturated soil condition for growth
and reproduction. Wetlands include, but are not limited to, swamps,
marshes, bogs and similar areas such as sloughs, potholes, wet meadows,
river overflows, mud flats and natural ponds. Wetlands shall include,
but not be limited to, those shown on the U.S. Department of the Interior
Wetlands maps, or similar maps published by the New Jersey Department
of Environmental Protection.
Shall mean an open space which lies between the principal
or accessory building or buildings and the nearest lot line and is
unoccupied and unobstructed from the ground upward, except as provided
by this chapter.
YARD, FRONTA space extending the full width of the lot, the depth of which shall be measured perpendicular or radial to the front lot line. The front yard setback line shall be parallel to the front lot line.
YARD, REARA space extending the full width of the lot, the depth of which shall be measured perpendicular or radial to the rear lot line. Rear yard setback line shall be parallel to the rear lot line
YARD, SIDEA space extending between the front yard and the rear yard, but not including the area which is embraced in the front yard or the rear yard, the depth of which shall be measured perpendicular or radial to the side lot line. The side yard setback line shall be parallel to the side lot line.
Shall mean the Zoning Board of Adjustment of the Borough
of Ringwood.
[1985 Code § 22-3.1; Ord. No. 1995-04 § 2; Ord. No. 1997-01 § 1; Ord. No. 1999-09 § 5; Ord. No. 2001-03 § 2; Ord. No. 2003-8]
For the purpose of this chapter, the Borough of Ringwood is
hereby divided into the following types of zone districts, differentiated
according to use, area and bulk regulations, and to be designated
as follows:
|
Zone Designation
|
Zone Description
|
|---|---|
|
C-200
|
Conservation
|
|
R-80V
|
Single-Family Residential
|
|
R-40V
|
Single-Family Residential
|
|
R-20
|
Single-Family Residential
|
|
R-40
|
Single-Family Residential
|
|
RT-40
|
One and Two-Family Residential
|
|
CC-80
|
Community Commercial
|
|
CS-40
|
Community Shopping
|
|
NB-15
|
Neighborhood Business
|
|
NC-15
|
Neighborhood Commercial
|
|
GB-80
|
General Business
|
|
GB-80W
|
General Business — Water
|
|
CR-800
|
Commercial Recreation
|
|
I-60
|
Industrial, Office and Research
|
|
FH
|
Flood Hazard
|
|
SRD
|
Special Residence District
|
[1985 Code § 22-3.2; Ord. No. 1995-04 § 2; Ord. No. 1997-01 § 2; Ord. No. 1998-03 § 1; Ord. No. 1998-15 § 1; Ord. No. 1999-09 §§ 6 — 9; Ord. No.
2003-8 §§ 2, 3; Ord.
No. 2006-#2 § 1; Ord.
No. 2006-#28 § 1]
The scanned map, entitled "Zoning Map, Ringwood, New Jersey"
dated July 31, 2006 prepared by Richard A. Alaimo, Engineering Associates
shall become the official zoning map for the Borough of Ringwood.
A copy of the map referenced herein shall be on file in the
office of the Borough Clerk and is available for public inspection
during regular business hours.[1]
[1985 Code § 22-3.3]
a.
Designations of Zone Boundaries. The zone boundary lines are intended
generally to follow the centerlines of streets; the centerlines of
railroad right-of-way; existing lot lines; the centerlines of rivers,
streams and other waterways and municipal boundary lines. When a district
boundary line does not follow such a line, its position shall be shown
on the Zoning Map by a specific dimension expressing its distance,
in feet, from a street line or other boundary line as indicated.
b.
Determination of Doubtful Lines. In cases of uncertainty or disagreement
as to the true location of any zone boundary line, the determination
thereof shall lie with the Board of Adjustment.
[1985 Code § 22-4.1]
The restrictions and controls intended to regulate development
in each district are set forth in the attached schedules which are
supplemented by other sections of this chapter.
[1985 Code § 22-4.2]
Except as hereinafter otherwise provided:
a.
No person shall locate, 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 as such districts are set forth in the Zoning Map, except
as otherwise provided in this chapter.
b.
No structure shall be erected and no existing structure shall be
reconstructed, moved, altered, added to or enlarged, nor shall any
land or structure be designed, used or intended to be used for any
purpose or in any manner other than as specified among the uses hereinafter
listed as permitted in the district in which such structure or land
is located.
c.
No structure shall be erected, no existing structures shall be altered,
enlarged or rebuilt, nor shall any open space surrounding any structure
be encroached upon or reduced in any manner, except in conformity
with the area, bulk, yard and other regulations hereinafter designated
for the district in which such structure or open space is located.
d.
No yard or other open space provided about any building for the purpose
of complying with the provisions of this chapter shall be considered
as providing a yard or open space for any other building.
e.
No minimum off-street parking area or loading or unloading area shall
be considered as providing off-street parking, loading or unloading
for a use or structure on any other lot or parcel than the principal
use to which it is ancillary.
f.
The area of dimension of any lot, yard or other space shall not be
reduced to less than the minimum required by this chapter and, if
already existing at less than the minimum required by this chapter,
the area or dimension may be continued and shall not be further reduced.
g.
The sale or display of goods outside the confines of a building or
structure is prohibited except for the following:
1.
The sale of new or used vehicles;
3.
The sale of products for garden supply and building materials establishments;
4.
The sale of gasoline and related automobile parts at the automobile
service stations;
5.
Garage sales;
6.
Sidewalk sales; and
7.
Outdoor sales for nonprofit and philanthropic organizations.
h.
Model homes or sales offices within a subdivision which are used
only during the period necessary for the sale of new homes within
such subdivision shall not be considered a business use.
[1985 Code § 22-4.3]
Occupancy of a single-family dwelling unit by more than one
family or household shall constitute a violation of this chapter.
[1985 Code § 22-4.4; amended 7-20-2021 by Ord. No. 2021-07]
a.
Any use
not specifically designated as a principal permitted use, an accessory
use or a conditional use is specifically prohibited from any zone
district in the Borough of Ringwood.
b.
Cannabis
establishments prohibited. The operation of all classes of cannabis
establishments as defined by P.L.2021,c.16, including but not limited
to cannabis retailers, cultivators, manufacturers, distributors, wholesalers,
testing facilities, delivery services, medical cannabis dispensaries,
alternative cannabis treatment centers, including such operators holding
a medical cannabis dispensary permit pursuant to P.L.2009,c.307 (C.24:61-7),
are expressly prohibited uses within the jurisdictional boundaries
of the Borough of Ringwood, except for the following classes of cannabis
establishments which shall be permitted as conditional uses in the
I-60 Industrial, Office and Research Zone: cannabis manufacturer,
cannabis wholesaler, cannabis distributor and cannabis cultivator.
[Added 7-20-2021 by Ord. No. 2021-07]
Refer to Schedule 1, Schedule of District Use Regulations attached
to this zoning chapter.
[Ord. No. 2002-08, § 1]
Refer to Schedule 2, Area, Bulk and Yard Requirements by Zoning
Districts attached to this zoning chapter.
[Ord. No. 1996-18 §§ 1,
2; Ord. No. 1999-09 §§ 2,
3]
a.
The purpose of this subsection is to provide protection of steep
slopes and other environmentally sensitive areas while encouraging
good design standards through innovative and creative land use techniques,
to minimize roadway lengths and land disturbance, and to simplify
and standardize lot bulk requirements for efficient administration
and easier understanding of probable lot yield of vacant parcels which
allows for more accurate planning of public facilities.
b.
Requirements in the R-40V Zone.
1.
Steep slopes shall be defined as land with a gradient of more than
15%.
2.
Calculation for the maximum number of lots will be as follows:
(a)
First determine the area in square feet of the tract in its
original, undisturbed state, for each of the following slope categories:
|
0% to 15%
|
|
15.1% to 25%
|
|
25.1% to 35%
|
|
35.1% to 50%
|
|
over 50%
|
(b)
Then divide the total square footage in each slope category
by the corresponding density factor below:
|
Slope
|
Density Factor with Public Water System
|
Density Factor without Public Water System
|
|---|---|---|
|
0% to 15%
|
40,000 square feet
|
80,000 square feet
|
|
15.1% to 25%
|
80,000 square feet
|
100,000 square feet
|
|
25.1% to 35%
|
120,000 square feet
|
120,000 square feet
|
|
35.1% to 50%
|
160,000 square feet
|
160,000 square feet
|
|
Over 50%
|
500,000 square feet
|
500,000 square feet
|
(c)
Add the number of lots in each slope category, disregarding
any fractional portion.
3.
Having determined a possible maximum number of lots, the applicant
shall apply the following criteria to each lot which may further reduce
the permitted number of lots:
(a)
Minimum lot size shall be 40,000 square feet in public water
service areas and 80,000 square feet in nonpublic water service areas.
Bulking requirements are listed in Schedule 3.
(b)
Each lot shall contain an Area For Development (AFD) rectangle
with the following characteristics:
(1)
The AFD shall be a rectangle of area 7,500 square feet with
no side having a length of less than 50 feet.
(2)
The AFD rectangle shall not contain any slopes in excess of
25% as measured between any two corners based on the natural grade
at each of the corners. Lands shall not be regraded to influence the
calculation of AFD areas which are based only on the natural gradient.
(3)
The AFD rectangle shall contain no areas designated as floodways,
flood hazard areas, stream corridors, wetlands, or wetland transition
areas.
(4)
At least 3/4 of the AFD rectangle shall be outside of the minimum
required yard areas and that buildable portion shall not have a dimension
of less than 50 feet.
(5)
The slope between the AFD rectangle and the existing or proposed
street cartway giving access to the lot shall not exceed 25%. The
slope shall be calculated based on the elevations at the ends of a
straight line having the shortest length between the cartway surface
and the portion of the AFD within the permitted building envelope.
Elevations within the AFD shall be based on the natural grade.
(6)
The AFD rectangle shall contain no areas burdened by easements,
deed restrictions or similar encumbrances which restrict regrading
or the construction of buildings or septic systems.
(7)
Figure 1 illustrates the application of the AFD provisions.[1]
[1]
Editor's Note: See Figure 1, Illustration of AFD Regulations attached to this chapter.
(d)
Construction on slopes in excess of 25% shall be permitted only
in accordance with a Planning Board approved site specific building
and grading plan. These plans shall be adhered to in construction.
The Borough Engineer shall determine conformance with the approved
plan.
(e)
The use of regraded slopes shall be minimized and is generally
discouraged. The use of retaining walls for grade changes, utilizing
indigenous material such as large boulders, is encouraged.
(f)
Permission to construct in wetlands, stream corridors, floodways,
flood hazard areas and their statutory buffers is governed by NJDEP.
When these conditions are present, State regulations control and may
limit actual lot yield.
(g)
Not more than 10% of the maximum lot yield shall be allowed
as flag lots, provided that the area of each such flag lot is at least
double the required area and that access to each flag lot shall be
separated by at least two regular conforming lots.
(h)
The Planning Board may require up to 10% of the total parcel
size in usable open space and buffers to protect environmentally sensitive
areas, provide recreation areas or provide shielding and buffering.
[1985 Code § 22-6.8; Ord. No. 1995-04 § 6; Ord. No. 2013-#01 § 2; Ord. No. 2013-#06]
a.
Purpose. The purpose of the Special Residence District is to help
meet the Borough's low and moderate income housing obligation by providing
a realistic opportunity for the construction of affordable housing.
It also meets the Master Plan objectives for the construction of senior
citizen housing. The zone also follows the environmental objectives
of the Master Plan in that there are minimal areas with slopes over
15%, no trout production streams, no wetlands of exceptional resource
value and the soils are rated good for waste absorption, all as noted
in the Critical Areas Map of the adopted Master Plan.
The Special Residence District (SRD) also recognizes the unique
contribution to the Borough and region of the various activities and
functions that are currently undertaken on the property zoned SRD.
Another of the purposes of the SRD regulations is to allow for the
continuation and orderly development of these functions and facilities.
b.
Area, Bulk and Yard Requirements:
1.
Minimum tract area: 65 acres;
3.
Minimum open space area: 25 acres. Open space shall be a single contiguous
parcel and may be used only for underground utilities, passive recreation,
septic treatment fields and occasional structures such as gazebos
and benches.
4.
Maximum building height: three stories or 40 feet, whichever is less;
5.
Buffers. Buffers shall provide shielding by the use of landscaping,
fences or walls or combination thereof. Buffers may be pierced by
utilities and driveways generally perpendicular to the buffer.
6.
Building setbacks: 75 feet from all property lines. May include buffer
areas.
c.
Senior Citizen Dwelling Requirements:
1.
Minimum site area: 15 acres;
2.
Maximum density: 10 dwelling units per acre;
3.
Maximum number of units: 150 dwellings;
4.
Location requirements: Frontage on County arterial with direct access
off an existing municipal road;
5.
Parking requirements: 0.5 space per dwelling unit;
6.
Low and moderate income requirement: 15% but not less than 15 units
shall be affordable to low and moderate income households.
d.
Group Home Requirements:
1.
Minimum lot area: two acres;
2.
Maximum density: eight bedrooms per acre, exclusive of staff accommodations;
3.
Maximum number of bedrooms in zone: 16 exclusive of staff accommodations;
4.
Maximum number of structures in zone: four;
5.
Locational requirements: direct access off an existing municipal
road;
6.
Parking requirements: 0.5 space per bedroom;
7.
Low and moderate income requirements: All bedrooms, other than staff
accommodations, shall be affordable to lower income residents.
e.
Residential Treatment Facility Requirements:
1.
All "Area and Bulk Requirements" of subsection 40:4-9b, shall be
applicable.
2.
Maximum density: two beds per acre.
3.
Parking Requirements: one space for two beds plus one space for each
staff member on the maximum work shift.
4.
Building Height: The height of building that is part of a Residential
Treatment Facility may, notwithstanding the Limiting Schedule, have
a maximum height of up to 55 feet on the following conditions:
(a)
Such maximum height shall be allowed only for an addition attached
to an existing structure that will be used as part of the Residential
Treatment Facility if such existing structure has a height on the
date of this ordinance (Ordinance No. 2013-#06, codified herein was
adopted May 30, 2013.) in excess of 50 feet.
(b)
All portions of the Residential Treatment Facility shall be
non-combustible construction when required in the applicable construction
code.
(c)
All portions of the Residential Treatment Facility shall be
protected by an automatic fire suppression system meeting the requirements
of the applicable construction code;
(d)
Any site plan approved by the Planning Board shall make provisions,
satisfactory to the Planning Board, for landscaping and screening
which, in the opinion of the Planning Board, will ameliorate, to the
greatest extent practicable, any detrimental visual impact that the
additional building height may have when viewed from any property
line (including any road) of the property on which the Residential
Treatment Facility is located.
f.
Other Requirements:
1.
All senior housing, group homes and residential treatment facilities
shall be served by water and waste water disposal facilities approved
by the applicable agency.
2.
Approval of any application for development shall be accompanied by a site plan meeting the requirements of subsection 38-5.1.
3.
Lower income housing shall meet the requirements of the Council on
Affordable Housing (COAH) in terms of eligibility and affordability
as set forth in N.J.A.C. 5:92-1.1 et seq. and 5:93-1.1 et seq.
4.
Senior citizen housing may consist of single- and two-family dwellings
and multi-family structures acceptable to COAH for lower income housing.
5.
Group homes may consist of detached dwellings or multi-family structures.
[1985 Code § 22-5.1]
a.
Lot Width. The minimum lot width shall be measured at the required
front yard setback line. In cases of irregularly shaped lots whose
sides are not parallel, the street frontage shall not be less than
75% of the required minimum lot width.
b.
Sight Triangle Areas. Within any sight triangle, no grade, vegetation, sign or other object shall be allowed to exceed a height of 30 inches above the adjacent roadway, in accordance with Chapter 19, Streets and Sidewalks, Section 19-3, Height of Brush at Intersections, of the Revised General Ordinances of the Borough of Ringwood.
c.
Corner Lot. Corner lots shall have a required front yard along each
street line and one required rear yard opposite a front yard, the
location of which is to be determined by the property owner. All other
yards shall be considered side yards. The location of driveways, front
doors or front facades shall not be relevant in regard to the foregoing
regulations.
d.
Through Lots. A through lot shall be considered as having two street
frontages, both of which shall be subject to the front yard requirements
in the zone in which it is located.
e.
Frontage Upon a Street. Every principal building or structure shall
be built upon a lot with at least the minimum required frontage upon
an approved street.
f.
Lot Located in More Than One Zone. For any lot which is located in
more than one zone district, all yard, bulk and other requirements
shall be measured from the zone boundary line and not the true lot
line.
[1985 Code § 22-5.2]
Height limitations stipulated elsewhere in this chapter shall not apply to church spires, belfries, cupolas and domes, monuments, flagpoles, fire towers, water towers or masts or to necessary mechanical appurtenances or to parapet walls, except that no parapet wall may extend more than four feet above the limiting height of the building, or to farm silos, provided that the silo is located no less than 100 feet from any lot line. See subsection 40-8.3 for Antennas.
[1985 Code § 22-5.3; Ord. No. 2001-03 § 3]
a.
Projections Into Required Yards. No building or part thereof shall
project into any required yard except as provided hereafter.
1.
The ordinary projection of parapets, windowsills, doorposts, rainwater
leaders and similar ornamental or structural fixtures may project
a maximum distance of six inches.
2.
Cornices, canopies, eaves, bay windows, balconies, uncovered stairways
and necessary landings and other similar architectural features may
project a maximum distance of two feet.
3.
Chimneys or flues may project a maximum distance of three feet.
4.
Patios may be located in any required rear yard, provided that they
are not closer than 10 feet to a property line.
5.
Fences and walls may project into any required yard, subject to subsection 40-8.4, where applicable.
6.
Decks may be located in any required rear yard provided they are
not closer than 35 feet from a rear property line.
7.
Air-conditioning
condensers may be located in any required side yard, provided they
do not encroach more than five feet into the required side yard.
[Added 12-15-2020 by Ord. No. 2020-11]
b.
Exceptions to the Yard Regulations of Principal and Accessory Structures and Uses. Exceptions to this regulation will be found in the following sections: Schedules 2 and 3 herein and subsections 40-8.1 and 40-8.2; 40-8.4; 40-8.7; 40-8.8; 40-8.9; 40-8.15; 40-9.1; 40-9.2; 40-9.5; 40-9.6; 40-9.9; 40-9.10; 40-10 and 40-7.2.
[1985 Code § 22-5.4; Ord. No. 2003-8 § 3]
No building or group of attached buildings shall have an aggregate
front building wall in excess of 75% of the lot width in the CC-80,
CS-40, NC-15, GB-80, and I-60 Zones.
[1985 Code § 22-5.5]
All land outside of the allowable disturbed areas shall be left
in its natural state and no trees, shrubs, vegetated ground cover,
top soil or other natural features shall be moved or altered. The
maximum disturbed land area as shown in Schedule 2 and Schedule 4
herein shall be the existing or proposed lot area multiplied by the
required lot area percentage of disturbed land area permitted.
[1985 Code § 22-5.6]
a.
The maximum lot coverage for each lot shall not be greater than is
permitted in the district where such buildings and structures are
located.
b.
The maximum improved lot coverage for each lot shall not be greater
than is permitted in the district where such buildings, structures
and other improvements are located.
[1985 Code § 22-5.7]
In the event that a construction permit application is filed
for a lot in the R-40V Zone and there exists at the time of filing
a one family dwelling which was legally constructed, it shall be conclusively
presumed that the proportion of lot in steep slope, for the purposes
of Schedule 4 is less than 19.9% and the applicant shall not be required
to file any typographic information for purposes of this application.
[1985 Code § 22-5.8]
Lots located in R-40 Single-Family Residential District which
have been subdivided by the Planning Board in accordance with the
principles of the former Residential Open Space Preservation Development
Regulations shall conform to the requirements of the R-20 Single-Family
Residential District.
[1985 Code § 22-6.1]
Any and all test boring, mining and milling of uranium, thorium
and actinium or by-products are hereby prohibited. It is hereby declared
that such activity is potentially dangerous to the health, safety
and welfare of the residents of the Borough and other citizens of
the State served by the watersheds lying within the Borough of Ringwood.
[1985 Code § 22-6.5]
a.
No permanent structure or building or any enlargement of a permanent
structure or building shall be permitted in a floodway or within the
flood hazard area.
b.
Within a designated floodway or flood hazard area, no filling, grading,
dredging, or other development shall be permitted.
c.
The applicable required rear or side yard setbacks in a flood hazard
area for Burnt Meadow Brook and West Brook shall be 100 feet from
the floodway or 50 feet from the flood hazard area, whichever is greater.
d.
For all other streams with flood hazard designations, the applicable
required rear or side yard setbacks shall be 50 feet from the floodway
or 25 feet from the flood hazard area, whichever is greater.
e.
For lots with detention/retention basins, the applicable required
rear or side yard setbacks shall be measured from the limits of the
detention/retention basin.
f.
For lots with wetland areas, the applicable required rear or side
yard setbacks shall be measured from the wetland limits.
[1985 Code § 22-6.6]
In no case shall there be more than one main residential building
on any lot of record.
[1985 Code § 22-6.7]
a.
No person shall keep, store, maintain, abandon or leave on any parcel
of land or on any premises in the Borough any junk motor vehicle,
junk machine, any motor vehicle not currently used for transportation
and not licensed for the current year or any machinery or equipment
of any nature not being currently used on such parcel of land. The
foregoing prohibition shall not apply to machinery if the machinery
is stored in an enclosed building. At no time shall any vehicle of
any type undergo major overhauling, including body work, except at
an approved automobile establishment.
b.
Whenever the Construction Official or Zoning Officer shall determine
that the presence on any lands or premises of such junk motor vehicle
or junk parts or machinery is in violation of paragraph a above, the
Official shall give written notice to the owner or tenant requiring
that such junk vehicle or machinery be removed therefrom or placed
in a garage or other building within five days after receipt of notice.
The notice may be served personally or by certified mail. Upon failure
to comply with the notice, the owner or tenant shall be liable to
the penalty provided in this chapter.
c.
Imposition of the penalty referred to in paragraph b above shall
not constitute a bar to the Borough to declare such lands or premises
where a violation exists to be a nuisance, and to cause removal or
abatement of such nuisance in accordance with law and applicable ordinances
and regulations.
[1985 Code § 22-6.2.1; Ord. No.
2001-03 § 4]
a.
Accessory structures or uses, except for residential storage sheds as provided in subsection 40-8.15, shall not be located in the required front or side yard of any residential zone and may be erected anywhere within the required rear yard except as provided herein.
1.
In the R-20 Zone, no less than 20 feet from the rear property line.
2.
In the R-40, R-40V and RT-40 Zones, no less than 35 feet from the
rear property line.
3.
Light posts, mail boxes and off-street parking shall be permitted within the required front yard of any residential use. Off-street parking shall be permitted only in a driveway and as required off-street adjacent to the right-of-way in the Residential Lot Plan Regulations of the Borough of Ringwood, Chapter 38, Site Plan Review, subsection 38-1.10.
b.
When an accessory structure or use is attached to the principal building,
it shall comply in all respects with the requirements of this chapter
applicable to the principal building or use.
[1985 Code § 22-6.2.2]
a.
Accessory structures or uses shall not be located within a required front yard of any nonresidential zone except off-street parking spaces shall be permitted within the required front yard, but in no case shall parking be permitted closer than 30 feet from the street line, except as provided in subsection 40-8.6 herein.
b.
Accessory structures or uses shall not be located within a required
side or rear yard of any nonresidential zone, except off-street parking
spaces shall be permitted within the required side or rear yard, but
in no case shall parking be permitted closer than eight feet to any
side or rear lot line.
c.
Additionally, the yard regulations provided elsewhere in this chapter as outlined in subsection 40-5.3 herein shall apply.
d.
No off-street loading area or loading facility in any nonresidential
zone shall be permitted in a front yard.
f.
In any nonresidential zone, when an accessory structure or use is
attached to the principal building, it shall comply in all respects
with the requirements of this chapter applicable to the principal
building or use.
g.
Light posts and mail boxes shall be permitted within the required
front yard.
[1985 Code § 22-6.2.3]
Radio, television, citizen band and other antennas shall be
permitted only as accessory structures in all districts and shall
not exceed a height of 65 feet in the I-60 Districts and 50 feet in
any other district as measured from the highest point of the antenna
to the mean ground level beneath the antenna. If the antenna support
structure is mounted on a building, the mean ground level around the
building shall be used to determine height. The antenna structure
shall be set back from all property lines a distance equal to the
length of the antenna and support structure as measured from the highest
point of the antenna to the base of the antenna support structure.
Guy wires and other lateral supports shall not be subject to these
setback requirements.
[1985 Code § 22-6.2.4; New]
a.
No fence or wall shall be erected, altered or constructed in any
zone which shall exceed six feet in height above ground level except
in the GB-80 and I-60 Zones.
b.
No fence or wall shall be erected, altered or constructed in the
GB-80 and I-60 Zones which shall exceed eight feet in height above
ground level.
c.
Notwithstanding the above provision, no fence or wall shall be erected,
altered or constructed in any zone exceeding 30 inches in height above
street level or grade, whichever is higher, when located within 15
feet of any street line.
d.
Notwithstanding the above provisions, the maximum height permitted
for any retaining wall shall be 10 feet.
e.
Notwithstanding the above provisions, no fence or wall shall be erected, altered or constructed in any zone which shall violate the provisions of subsection 40-5.1b, Sight Triangle Areas.
f.
Fences surrounding the perimeter of tennis courts shall be exempt
from the above requirements. The fence shall not exceed 12 feet in
height above ground level, shall not exceed an area of 7,200 square
feet, shall not have dimensions in excess of 60 feet by 120 feet,
shall not be closer than 15 feet to any side or rear property line
and shall not be located in any required front yard.
g.
The foregoing restrictions shall not be applied so as to prevent
the erection of an open wire fence which does not exceed 12 feet in
height above ground level provided no such fence shall be within 15
feet of any property line for any public park, public playground or
school.
h.
The use of barbed wire fence, electrically charged or sharp-pointed
fence is prohibited except in the I-60 and GB-80 Zones and for essential
services.
i.
All fences shall be erected within the property line, and no fence
shall be erected to encroach upon the public right-of-way or in such
manner that any gate from the fence shall swing over the public right-of-way
or adjacent property.
j.
All fences shall be maintained in a safe, sound and upright condition.
k.
If the Zoning Officer, upon inspection, determines that any fence
or portion of any fence has not been or is not constructed or maintained
in compliance with the above restrictions, the Zoning Officer shall
notify the owner of such fence in writing and state briefly the reasons
or basis for such findings and order such fences or portions of such
fences to be repaired or removed within 15 days from the date of the
written notice.
l.
When installing a fence, the "best side" or more attractive side
shall face the outside of the property, and the least attractive side
shall face the owner's property.
[1985 Code § 22-6.2.5]
a.
Permanent and portable swimming pools and tennis courts which are
accessory to a residential use shall be erected on the same lot as
the principal use.
b.
Every swimming pool, or the premises upon which the pool is located,
shall be completely enclosed by a fence not less than 3 1/2 feet
in height with no opening therein other than doors or gates. The height
of the fence to be erected shall be measured from a point at ground
level, which point shall be five feet outside or beyond the fenced
area. The fence or wall shall be so constructed as not to have holes
or gaps exceeding four inches in at least one dimension.
All gates or door openings through the fence or enclosure, referred
to above, shall be kept securely closed and locked at all times when
the swimming pool is not in use. Access ladders or steps used in connection
with the swimming pool shall be removed when such pool is not in use.
[1985 Code § 22-6.2.6]
a.
Private garages shall be permitted as accessory uses in all residential
zones either as a detached structure or as a part of the main building
for the storage of automobiles and other permitted items owned by
the occupants of the main building. Not more than one parking space
shall be rented to nonresidents of the principal dwelling. Not more
than one commercial vehicle which shall not exceed 10,000 pounds in
gross vehicular weight shall be stored in the garage. Home occupations
as permitted by ordinance shall be a permitted use in the garage.
b.
In the case of a farm in a residential zone, the provisions for private
garages are not applicable where the motor vehicles or farm equipment
are used in connection with the operation of the farm.
[1985 Code § 22-6.2.7; Ord. No.
2017-07]
a.
No advertising, flashing, moving or roof sign shall be permitted
in any zone in the Borough except upon Borough-owned property as shall
be authorized by ordinance.
b.
No part of the sign area of a free-standing sign shall be within 10 feet of the ground surface or located within any sight triangle, as defined in subsection 40-2.2, which is formed by the intersection of street lines or the intersection of a street line and a driveway side line as regulated in subsection 40-5.1b herein, except that directional or informational signs not higher than 2 1/2 feet from the ground surface may be located within sight triangles. The minimum and maximum heights shall be adjusted to effect the sight distances required on a horizontal land surface.
c.
All illuminated signs shall be either indirectly lighted or of the
diffused lighting type. No sign shall be lighted by means of flashing
or noncontinuous illumination. Sources of sign illumination shall
be completely shielded from the view of vehicular traffic using abutting
roads and from adjoining land uses. No illuminated sign shall diminish
or detract in any way from the effectiveness of any traffic signal
or warning device.
d.
Directional or informational signs shall be permitted in all zones.
No directional sign shall exceed three square feet in area.
e.
Temporary signs shall be permitted in any zone in the Borough provided
a permit to erect such sign has been issued by the Construction Official
of the Borough of Ringwood. Such signs may include wall or free-standing
signs, banners, streamers or bunting. In no case shall any sign or
banner exceed 32 square feet in area. Free-standing signs shall not
be closer than 10 feet to any property line or street line, nor be
higher than 15 feet from the ground surface. Temporary signs, banners,
streamers or bunting shall be positioned so as not to interfere with
any sight distance of any vehicle or pedestrian or with the visibility
of an official traffic control device. All temporary signs shall comply
with the following:
1.
Temporary signs shall not be posted or erected for a period of time
exceeding 30 days.
2.
All applications for the erection of a temporary sign shall be filed
with the Construction Official and shall be signed by the owner of
the property upon which the sign is to be erected or by an officer
of the civic, charitable or similar organization sponsoring the function
for which the sign draws attention.
3.
Before such permit is issued, there shall be deposited with the Finance
Department an administrative fee of $25 which is non-refundable and
sufficient security to cover any costs the Borough may incur in the
removal of any signs. The required security deposit shall be in the
amount of $5 for each sign less than 10 square feet in area and $25
for each sign of 10 square feet in area or larger.
4.
Where a sign permit application is required by an individual or organization
which does not own or lease the property upon which the signs are
to be erected or posted, written permission from the owner for the
erection or posting of the signs shall be supplied with the sign permit
application.
5.
All signs for which the permit is applied shall be removed within
five days after expiration of the aforementioned thirty-day period.
Upon failure to remove the signs, the security on deposit for same
shall be forfeited.
6.
Request for refund of any security on deposit shall be made by the
applicant to the Construction Official, accompanied by an affidavit
that the signs have been removed within 30 days after expiration of
the aforementioned thirty-day period. Upon failure to make this request
within the time period specified, the security on deposit for same
shall be forfeited.
7.
Grand opening signs must comply with the above and shall be permitted
to be placed only on the property which the approved new business
is located.
f.
No streamers, banners, bunting or similar devices shall be permitted
in any zone in the Borough of Ringwood except that temporary streamers,
banners or bunting may be permitted as provided in paragraph e above.
g.
All business and real estate signs shall comply with Schedule 5, Schedule of Permitted Business and Real Estate Signs, attached to this chapter.
h.
No signs shall be erected in such places or in such a manner as will
contravene existing laws of the State of New Jersey.
i.
All permitted portable A-frame or permitted portable freestanding
signs shall comply with the following:
1.
Such signs shall not be permitted to be placed in the vehicular traveled
way or within any parking area located within the street right-of-way.
2.
Maximum quantity.
(a)
Not more than one sign shall be permitted for each business
establishment. For purposes of administering this provision, a business
establishment shall be construed to be a commercial operation and
all accessory or subsidiary operations at a single location.
3.
Dimensions.
(a)
Height. All signs shall have a minimum height of 36 inches and
a maximum height of 42 inches, with the height measured vertically
from the sidewalk or other surface located beneath the base of the
sign. If the point of height measurement is at a different level than
the surface of the traveled way, the height shall be measured from
the public level of the traveled way.
(b)
Width. The maximum width of the sign panel shall be 24 inches.
(c)
Depth at base of sign. The maximum depth of the sign and supporting
structure shall be 30 inches.
|
The following diagrams illustrate the maximum sign dimensions:
|
 |
4.
Obstructions prohibited.
(a)
Such signs shall not obstruct ingress or egress to/from buildings,
driveways, access aisles, parking spaces, or other locations that
require access by vehicles or pedestrians.
(b)
For the purpose of ensuring adequate pedestrian movements, such
signs shall be required to be located so as to maintain a minimum
clear traveled way width of 48 inches.
5.
Placement restrictions.
(a)
Such signs shall not be permanently affixed, and shall be capable
of being removed on a daily basis.
(b)
Such signs shall not be chained, cabled, tied or otherwise attached
or connected to any tree, pole, hydrant, planter, container, chair,
bench, table or other item, but shall be wholly self-supporting.
(c)
Such signs shall be internally ballasted/weighted in such manner,
so as not to create or present a hazard to pedestrian safety and to
be secure in windy conditions and to prevent accidental relocation
by other means.
(d)
Such sign shall be placed within 10 feet of the main building
entrance to the business establishment and in no case shall a sign
be placed in front of a different business establishment.
6.
Removal during weather events.
(a)
Such signs shall be removed in the event of a weather forecast
for high winds, snow or ice. The signs may be returned to their compliant
location after the weather event has passed and, in the case of snow,
once snow removal from the street, sidewalks and other paved areas
in the immediate vicinity are complete.
7.
Prohibited content and design. The following content and features
shall be prohibited:
[1]
Editor's Note: See Schedule 5, Schedule of Permitted Business and Real Estate Signs, included as an attachment to this chapter.
[Ord. No. 2011-01 §§ 1
- 3]
a.
Preamble. The Municipal Council finds and determines that the unrestricted
placing of political signs on buildings, structures, trees, lawns,
poles, public properties and public rights-of-way causes the same
to be obstructed and defaced; interferes and obstructs traffic; and
the removal thereof by municipal personnel is time consuming and a
cost burden.
b.
POLITICAL SIGN
PUBLIC PROPERTY
Definitions.
Shall mean a sign which directs attention to candidacy of
any individual, group or party for election to office at any general,
primary or special election, including a Board of Education election,
or a sign having reference to the adoption or rejection of any public
question placed on the ballot, including public questions presented
by a Board of Education.
Shall mean all property owned by the Borough of Ringwood
or any other governmental entity, or any public utility, including,
but not limited to buildings, structures, streets, poles, rights-of-way,
public easements, recreation areas and parks.
c.
Regulations. Political signs shall comply with the following provisions:
1.
Shall not be placed or erected more than 30 days prior to the election
to which it applies.
2.
A setback of at least five feet from the paved portion of any street
must be maintained.
3.
May not be illuminated.
4.
Shall not exceed 32 square feet in area.
5.
Shall not be placed on, over or above any public property.
6.
Shall be removed not later than seven days after the election to
which the sign refers.
7.
The owner of the property on which the sign is placed shall be responsible
for its removal.
8.
A permit shall be required for any sign in excess of 10 square feet
in area along with an administrative fee in the amount of $25 to serve
as sufficient security to cover any cost the Borough may incur with
the removal of any sign.
[1985 Code § 22-6.2.8.1]
No dog runs or dog pens shall be permitted within 20 feet of
any side or rear property line and shall be prohibited within any
required front yard.
[1985 Code § 22-6.2.9]
Hoofed animals shall be permitted in all Residential and Conservation
Zones and every person who owns, keeps, harbors or maintains a hoofed
animal shall keep and maintain the property on which the animals are
kept and all buildings and facilities thereon in accordance with the
following regulations:
a.
Animal Shelter. Where all hoofed animals are kept, harbored or maintained,
there shall be provided a separate stable or building for the shelter
of the animal. The property shall also include a fully enclosed corral
or sty for the containment of the hoofed animal.
b.
Minimum Distances from Property Lines. For the maintenance of all
hoofed animals there shall be provided a corral (exercise area), which
shall not be less than 50 feet from all property lines. No stable
shall be located closer than 50 feet to any property line.
c.
Number of Hoofed Animals Limited. The number of hoofed animals permitted
shall be limited to one for all residential parcels of 40,000 square
feet of lot area, and one for each 30,000 square feet of lot area
in excess of one acre.
d.
Riding Stables, Academies, Riding Clubs. Riding stables, academies,
riding clubs and other similar activities shall be permitted in the
Conservation Zone where a minimum area of 10 acres is maintained for
these purposes and all buildings for the housing, feeding, exercise
or rental of such animals are maintained at least 300 feet from all
residential buildings, structures and property lines and are appropriately
screened and fenced.
e.
Other Requirements. All regulations of the Board of Health shall
be adhered to.
[1985 Code § 22-6.2.10; amended 12-15-2020 by Ord. No.
2020-12]
Such uses, where permitted, shall be governed by the following
provisions:
a.
Fencing and Setbacks. All outdoor storage facilities shall be enclosed by a fence, wall and/or landscaped area adequate to screen such facilities and the contents thereof from adjacent properties and the street and shall be subject to Subsection 40-8.4 herein.
b.
Deposit of Materials or Refuse. No material or refuse which might
cause fumes or dust or might constitute a fire hazard or may be edible
by or otherwise attractive to animals or insects shall be stored outdoors.
[1985 Code § 22-6.2.11]
Home occupations shall be permitted in Residential Zones provided
that no article is sold or offered for sale except as may be produced
by members of the immediate family residing in the dwelling and provided
no machinery or equipment is used which will cause electrical or other
interference with radio and television reception in adjacent residences
and provided that no more than one vehicle associated with the home
occupation may be stored outside of any principal or accessory building.
Licensed professional occupations such as, but not limited to, those
of a physician, surgeon, dentist, chiropractor, planner, architect,
engineer, attorney or similar professional person shall not be permitted
as a home occupation.
[1985 Code § 22-6.2.12]
a.
For purposes of this section, trailers shall mean any vehicles including
self-propelled vehicles which are used or can be used as a conveyance
upon public streets and which are so designed, constructed, reconstructed
or added to by means of accessories in such a manner so as to permit
occupancy as temporary quarters for any purpose, a temporary dwelling
or sleeping place.
b.
The outdoor storage or parking of trailers, boats or recreational
vehicles is prohibited in all districts except as follows:
1.
In Residential Districts, not more than one trailer or recreational
vehicle and not more than one boat can be stored or parked in the
side yard or rear yard of the premises upon which the owner of the
vehicle resides provided:
2.
Whenever a building or structure is destroyed or damaged by fire,
flood or other casualty and the building or structure is not habitable
for a period of time, and the owner thereof intends to immediately
repair, rebuild, or reconstruct the building or structure, then the
owner shall notify the Construction Official and Borough Clerk in
writing of the owner's intention, and the Construction Official is
hereby authorized to issue a Temporary Certificate of Occupancy to
the owner for a period not to exceed 90 days to permit the placement
of a trailer on the premises. The trailer shall be situated so as
not to be detrimental to adjoining properties and shall meet the health
regulations as to septic disposal and water supply. The Construction
Official may extend the Certificate of Occupancy for a period not
to exceed 90 days.
3.
A trailer may be used on a temporary basis when it is designed as
a temporary office for a construction or subcontracting company engaged
in the erection of buildings or structures or the installation of
improvements during the period that work is in process.
[1985 Code § 22-6.2.13]
a.
Lot Area. Property used for a Child Care Center shall conform to
the minimum area requirements of the zone district within which it
is located. The minimum lot size shall in no case be less than 40,000
square feet.
b.
The center or building in which it is located shall conform to all
bulk and yard requirements of the zone district within which it is
located.
c.
At least one on-site parking space shall be provided for each on-duty
staff person and one visitor space per each 10 children allowed by
license in the center.
d.
No designated area for active play or play structures shall be located
in a front yard or within 15 feet of a side or rear lot line.
e.
An on-site vehicle turnaround and passenger loading and unloading
area shall be provided. There shall be safe vehicular ingress and
egress, sight distance and access to the Child Care Center.
f.
A designated safe outdoor area for active play shall be provided.
It shall be enclosed by a security fence or barrier which is a minimum
of five feet in height.
g.
Signs shall conform to the sign regulations in subsection 40-8.7 and Schedule 5, Schedule of Permitted Business and Real Estate Signs.
h.
The property shall be landscaped to provide adequate buffering and
screening.
i.
No Certificate of Occupancy shall be issued until the Planning Board
has granted site plan approval or change of use approval.
j.
The Child Care Center shall not be located within 500 feet of any
place or location wherein toxic, hazardous or dangerous materials
are stored, assembled or produced.
k.
A Child Care Center is not a permitted use in any Residential Zone
District.
[1985 Code § 22-6.2.14]
a.
Lot Area. Property used for a Family Day Care Home shall conform
to the minimum area requirements of the zone district within which
it is located.
b.
The Family Day Care Home shall conform to all bulk and yard requirements
of the zone district within which it is located.
c.
At least one on-site parking space shall be provided for each on-duty
staff person and one visitor space.
d.
No designated area for active play or play structures shall be located
in a front yard or within 15 feet of a side or rear lot line.
e.
If a designated outdoor area for active play is provided, it shall
be enclosed by a security fence or barrier which is a minimum of five
feet in height.
f.
No sign advertising or identifying the Family Day Care Home use is
permitted.
g.
The site shall be landscaped in a manner compatible with adjacent
residences and shall provide adequate buffering and screening if necessary.
h.
No structural or decorative alteration that will alter the residential
character of an existing residential structure or property used for
a Family Day Care Home is permitted. Any new or remodeled structure
shall be designed to be compatible with the residential character
of the surrounding neighborhood.
i.
No Certificate of Occupancy shall be issued until the Planning Board
has granted site plan approval or change of use approval.
j.
There shall be safe vehicular ingress and egress, site distance and
access to the Family Day Care Home. A passenger loading and unloading
area must be provided.
[Ord. No. 2001-03 § 5; Ord. No. 2010-#15]
Residential storage sheds shall be allowed within the required
rear and side yard setbacks in all residential zones provided they
are no closer to the front lot line than the rear building wall line
of the residential structure and provided they are set back a minimum
distance of five feet from rear and side lot lines. Residential storage
sheds may be located closer to the front lot line than the rear building
wall line of the residential structure provided they do not encroach
upon the required side yard setback. Under no circumstances shall
they be permitted within the required front yard setback.
[1985 Code § 22-6.3.1]
Agricultural and Horticultural uses, including customary farm occupations and land which qualifies as farmland as defined in subsection 40-2.2 herein, where permitted, shall be subject to the following conditions:
a.
Building utilization for horticulture, for raising and housing agricultural
crops, livestock and poultry and for any other activity incidental
to agricultural and farming uses is permitted provided that no building
shall be nearer than 100 feet from any lot line except residential
buildings which may be located in conformity with the standards for
residences within those districts in which they are located.
b.
The display for sale of products grown or raised by the owner, tenant
or lessee shall only be permitted where:
[1985 Code § 22-6.3.2]
Animal kennels shall be located no closer than 100 feet to any
Residential Zone line. Such facilities shall be maintained in an enclosed
structure and shall be of soundproof construction and so operated
as to produce no objectionable odors at the lot line. Open kennels,
exercise pens or runways shall not be located closer than 100 feet
to any property line.
[1985 Code § 22-6.3.3]
a.
Enclosed or Permanent Structures.
1.
Public Utility Services. Such uses shall include electric substations,
transformers, switches and auxiliary apparatus serving a distribution
area, and water and sewerage pumping stations in all zones and shall
be subject to the following regulations:
(a)
Such facility shall not be located on a residential street unless
no other site is available, and shall be so located as to draw a minimum
of vehicular traffic to and through such streets.
(b)
The location, design and operation of such facility may not
adversely affect the character of the surrounding residential area.
(c)
Adequate fences, barriers and other safety devices shall be
provided, and the area shall be adequately landscaped for screening.
b.
Open.
1.
Such uses shall be limited to the erection, construction, alteration
or maintenance by public utilities or municipal or other governmental
agencies, of electrical, gas, water transmission, distribution or
collection systems, communication, water supply or sewage treatment
and collection systems, including poles, wires, mains, drains, sewers,
pipes, conduits, cables, fire alarm boxes, police call boxes, traffic
signals, light stanchions, telephone lines, hydrants and other similar
equipment and accessories in connection therewith reasonably necessary
for the furnishing of adequate services by such public utilities or
municipal or other governmental agencies or for the public health,
safety or general welfare, but not including buildings.
2.
Adequate landscaping for screening shall be provided, where applicable.
[1985 Code § 22-6.3.4]
Fishing, hunting, picnicking and boating shall be permitted
in the Conservation Zone provided that the only motors permitted on
waters within the zone shall be electric motors.
[1985 Code § 22-6.3.5]
a.
All mechanical automobile washing establishments shall comply with
the area, bulk and yard regulations in Schedule 2 herein.
b.
Location. Such establishments shall not be located closer than 400
feet to any Residential Zone boundary line, school, hospital, nursing
home or other similar institutional or public use.
c.
Off-Street Parking. Such establishments shall provide a reservoir
parking area equal in number to seven times the maximum capacity of
the laundry for automobiles awaiting entrance to the premises and
1 1/2 times the maximum capacity of the laundry for automobiles
beyond the exit end of the equipment so situated as to be usable for
the hand-finishing of the washing process and which shall be no closer
than 50 feet to any street line. "Maximum capacity" in this instance
shall mean the greatest possible number of automobiles undergoing
some phase of laundering at the same time, which shall be determined
by dividing the equipment line by 20 feet.
d.
Performance Standards. Such establishments shall comply in all respects
with the performance standards herein.
[1985 Code § 22-6.3.6]
Public and private schools shall be permitted subject to the
following rules and regulations:
a.
The minimum lot area required for schools shall be based upon the
following formula:
|
Minimum Lot Area
|
=
|
Base acreage + 1 acre for each 100 students or portion thereof
|
|
Base Acreage
|
=
|
1 acre for a nursery school; 5 acres for an elementary school;
10 acres for a middle school; and 15 acres for a secondary school.
|
b.
The maximum capacity of any school shall be determined by certification
of same from the New Jersey Department of Education where applicable
or by computing the capacity under the applicable regulations of the
State Uniform Construction Code.
d.
Recreation and Open Space. The use shall provide appropriate recreation
and open space areas suitable for the students therein. The recreation
area shall be required to provide a buffer zone of no less than 25
feet in depth on the side or sides adjacent to a residential zone
or use.
[1985 Code § 22-6.3.7]
a.
Location of Gas Stations. No gas station shall be located within
1,000 feet of another gas station, a school, playground, house of
worship, hospital, library or institution for dependent children.
b.
Vehicular Access. Vehicular access to the above uses shall not be
closer to the intersection of any two streets than 50 feet, nor shall
any such use be located within 25 feet of any boundary line of any
residential district or residential use.
c.
Location of Fuel Pumps. Fuel pumps shall be permitted within the
required front yard but in no event shall be closer than 35 feet from
the street line.
[1985 Code § 22-6.3.8]
Subject to the terms and conditions of the Revised General Ordinances of the Borough of Ringwood, Chapter 24, Tree Preservation and Protection, tree harvesting shall be permitted as a conditional use in the specific enumerated zones herein subject to the following conditions:
a.
A minimum tract size of 25 acres used for the growing and harvesting
of forest crops and certified by the American Tree Farm System through
the New Jersey Tree Farm Committee shall be required.
b.
Tree harvesting shall be in accordance with a forest management plan prepared by the New Jersey Bureau of Forest Management or a consultant forester who is a graduate of an accredited school of forestry. The selection cut silvicultural method shall be used which is designed for a sustained yield. No clear cutting of trees shall be permitted. In no case shall more than 30% of the trees in any tree harvesting area be removed during any one tree harvesting operation. The forestry management plan shall contain all of the information required to be submitted for a tree-removal permit as specified in Chapter 24, Tree Preservation and Protection.
c.
No tree harvesting shall be permitted in areas where tree harvesting
has occurred in the past and the remaining trees have not reached
merchantable size as determined by the New Jersey Bureau of Forest
Management or a consultant forester who is a graduate of an accredited
school of forestry. No tree harvesting shall be permitted in areas
where existing access roads, skid trails, stream crossings, landings
and other disturbed areas have not been restored or replanted in conformance
with this chapter or prior approvals for tree harvesting.
d.
For the purpose of enforcement, the staging by area of a tree harvesting
operation may be required. All restoration requirements shall be completed
in one designated area before tree harvesting in a subsequent area
shall be permitted except that access roads to the subsequent area
may be preserved for the duration of that operation.
e.
The number and length of access roads and the number of stream crossings
shall be kept to a minimum clearance width and shall be curvilinear
in layout so as not to create an open corridor effect.
f.
Except where it is necessary to cross a stream, access roads shall
not be permitted within 200 feet of a stream, watercourse or wetland.
g.
Landings shall not be located in poorly drained areas or closer than
200 feet of any stream, watercourse or within 100 feet of a public
right-of-way.
h.
Tree harvesting shall not be permitted within 100 feet of a public
right-of-way, stream, watercourse or wetland, or within 50 feet of
a property line or on slopes in excess of 30%. Trees shall be directionally
felled away from such areas.
i.
No access roads shall be located on lands in excess of a 30% slope.
j.
Fire access roads shall be kept open at all times and no tree harvesting
shall be permitted on Class 5 or above Class 5 fire days. All power
equipment shall have spark arresters or mufflers.
k.
No tree harvesting shall be permitted on Sundays or legal New Jersey
holidays.
l.
All hangers shall be removed and no slash shall be left in areas
where tree harvesting is not permitted. All slash shall be cut to
be no higher than six feet from the ground.
m.
At the termination of tree harvesting, all access roads, stream crossings,
landings and primary skid trails shall be regraded and stabilized
with vegetation. Where necessary, drainage diversion devices and other
protective improvements shall be installed to prevent soil erosion,
and access roads shall be closed by boulders or otherwise to prevent
access by vehicles.
[1985 Code § 22-6.3.9]
Churches, synagogues and other places of worship shall be governed
by the following regulations:
a.
Area, Bulk and Yard Regulations.
1.
Minimum lot area: 100,000 square feet.
2.
Minimum lot width: 200 feet.
3.
Minimum lot depth: 300 feet.
4.
Minimum front, side and rear yard: In accordance with the district
regulations in which the property is located.
5.
Maximum lot coverage: 25%.
6.
Maximum improved lot coverage: 60%.
7.
Buffer zone: When abutting a residential use or zone, a minimum buffer
of 15 feet shall be provided.
b.
Any place of worship which maintains a school accredited by the State of New Jersey for elementary or secondary grades shall also provide, in addition to the minimum lot area standards for a place of worship, a minimum lot area as approved by the New Jersey State Board of Education or as provided in subsection 40-9.6 herein, if applicable.
[1985 Code § 22-6.3.10; Ord. No.
1997-08 § 1]
Hospitals, nursing homes and convalescent homes shall be governed
by the following regulations:
a.
Area, Bulk and Yard Regulations.
1.
Whichever is greater:
Minimum lot area: 160,000 square feet; or
Minimum lot area per patient bed: 1,000 square feet
2.
Minimum lot width: 200 feet.
3.
Minimum lot depth: 400 feet.
4.
Maximum lot coverage: 15%.
5.
Maximum improved lot coverage: 60%.
6.
Maximum building height: 3 stories and 35 feet.
7.
Minimum front, side and rear yard: In accordance with the district
in which the property is located.
8.
Buffer Zone: A minimum buffer of 25 feet shall be provided.
b.
Courts. Where a court is provided, it shall have dimensions the minimum
of which shall be 50 feet.
c.
Recreational Space. There shall be provided outdoor space on the
site of such development an area or areas of not less than 5,000 square
feet plus 50 square feet per patient bed which shall be utilized for
the recreational use of the patients therein.
[1985 Code § 22-6.3.12]
a.
Any commercial recreation use shall conform to the area, height and
bulk requirements established in Schedule 2, Area, Bulk and Yard Requirements
for the CR-800 Commercial Recreation Zone District.
b.
All other requirements in the chapter for the CR-800 zone district
shall apply.
d.
If lighting is provided for any recreational activities which are
used after dusk, the applicable setback shall be doubled. All outdoor
lighting shall be shielded and arranged in such a manner that the
direct source of light shall not be visible from any adjoining property.
e.
Outside public address systems or any other amplified sounds are
prohibited.
f.
The setback requirements for outdoor swimming pools shall be doubled.
[Ord. No. 1996-06 § 1]
a.
Conditional Use; Zones Permitted. Golf courses shall be permitted
as a conditional use in the following zones: C-200; R-40V; GB-80;
I-60 and RT-40.
b.
Permitted Accessory Uses to Golf Courses. The following uses shall
be permitted as accessory uses to a golf course:
Club house (including dining rooms, common rooms, pro shop,
social rooms, kitchen and locker rooms), snack bar/refreshment stands,
residences for employees engaged in the maintenance and operation
of the golf club facility, putting greens, practice range, cart paths,
parking lot, maintenance facility/garage, cart storage facility, water
supply impoundment/hazards, tennis and paddle tennis courts, swimming
pools, conference center, banquet facility and the general public.
c.
Bulk Controls.
1.
Minimum tract size: 150 acres.
2.
Minimum number of holes for golf course: 18.
3.
Minimum distance to external property lines:
(a)
Buildings: 100 feet (except guard houses and entrance shelters).
(b)
Parking lots: 50 feet (may be reduced to 25 feet if adjacent
to nonresidential zone).
(c)
Center lines of any golf tee, fairway or green: 100 feet.
(d)
Other recreational uses: 100 feet.
(e)
Maximum impervious surface: 15%.
(f)
Maximum gross floor area of all buildings: 200,000 square feet.
(g)
Maximum height of buildings: 2 1/2 stories or 35 feet.
d.
Site Plan Approval.
1.
Anyone proposing a golf course shall be required to submit a site plan to the Planning Board for its review and approval in accordance with Chapter 38 Site Plan Review.
2.
In its review of a site, the Board shall be satisfied that the application
achieves the following:
(a)
The integration of the proposed golf course with the existing
development and land uses adjacent to the site, including safe locations
for golf holes (tees, holes and greens) and practice areas, as related
to adjacent roads, development and other neighboring site improvements.
(b)
Where a golf course is adjacent to, contains or is within floodplains,
open water, waterway corridors, hiking trails, flyways and associated
buffers, linkages and conservation areas, the applicant may be required
to provide and maintain an adequately designed walking/trail easement
within the property open to the public in furtherance of the Borough's
goal of linking open spaces within the community. The pedestrian easement
shall be located so it does not interfere with play and shall be appropriately
isolated from the general operation of the golf course. In the site
plan approval process, consideration shall be given to providing access
to any required walking/trail easements.
(c)
Assurances that the necessary infrastructure and utilities including
sanitary disposal system, potable water and irrigation water are available
from on-site, Borough or private systems. The provision of infrastructure
and utilities shall not have a detrimental effect on groundwater or
surface water resources.
(d)
The golf course shall have two safe and adequate access and
egress points from one or more public roads. One of the two accesses
may be provided for emergency access only. The two means of access
and egress shall be connected internally and may be achieved by use
of a stabilized surface sufficient to allow passage by emergency vehicles.
(e)
Adequate provisions shall be made for solid waste collection
and storage. All solid waste storage facilities shall be adequately
screened and buffered.
(f)
All lighting shall be designed to be directed downward and to
avoid glare and spillover on adjacent properties. The maximum height
of lighting standards shall not exceed 20 feet.
(g)
One identification sign not exceeding 40 square feet shall be
permitted at the entrance to the golf course. All other signs shall
be directional signs and shall not exceed four square feet. All signs,
including size, location, materials and design shall be approved as
part of site plan approval.
(h)
Amplifier systems shall be designed so as not to be heard beyond
the property lines.
e.
Parking Requirements. The number of parking spaces shall be as few as necessary to serve the golf course and accessory uses. The number shall be determined by a parking needs study to be conducted by the applicant and filed at the time of the application. Specific uses enumerated under subsection 38-3.2 and permitted as accessory uses as part of a golf course shall provide off-street parking as required in subsection 38-3.2.
f.
Buffers.
1.
A minimum buffer of 35 feet consisting of planted materials, trees,
berms, fences or combinations of the above shall be located between
buildings, parking, recreation facilities and the exterior property
line to shield and block buildings, parking and recreational uses.
2.
A vegetative buffer area shall be maintained between any turf area
which is to be chemically treated and any nonintermittent stream.
The buffer area shall be of sufficient size and design to protect
the stream from chemicals carried by stormwater runoff.
g.
Special Events. Special events, such as tournaments, shall be approved
by the Borough Council. There shall be assurances that adequate provisions
will be made by the golf course to handle the crowd generated by such
an event and to satisfactorily mitigate off-site impacts including
traffic management, transportation services, parking, trash removal
and waste disposal, security and safety and sanitary effluent treatment.
The golf course may be required to post a performance guarantee for
these purposes. All local permissions and permits now or hereafter
required for special events shall be obtained prior to the event.
h.
Clearance of Woodlands. The course shall be designed, to the extent
possible, to preserve existing woodlands and wooded corridors. Clearance
of mature woods shall not exceed 50% of the total acreage of land
within the tract.
i.
Turf Management and Water Quality Assurances.
1.
As part of the application for site plan approval, the applicant
shall submit an integrated turf management plan and an integrated
pesticide and pest management plan specific to the operation and maintenance
of the proposed golf course. These plans shall be prepared in accordance
with guidelines established by the New Jersey Department of Environmental
Protection (NJDEP) and shall also take into account guidelines promulgated
by the United States Golf Association. These plans will include best
management practices (BMP's) to prevent or minimize any adverse impacts
of chemical applications on the groundwater and surface water resources
associated with the golf course.
2.
Assurances shall be provided that any adverse impacts on groundwater
or surface water quality resulting from the golf course will be mitigated
by the owner. The applicant shall provide for the monitoring of water
quality of the groundwater and surface water resources associated
with the golf course. The monitoring program, including the timing
and frequency of testing and the identification of chemical parameters
to be tested, shall be established at the time the integrated turf
management plan and integrated pesticide and pest management plan
are approved as part of the conditional use application. The monitoring
program shall be consistent with the guidelines established for monitoring
plans by the New Jersey Department of Environmental Protection (NJDEP),
Bureau of Water Quality Analysis. The results and findings of any
water quality monitoring shall be submitted by the owner to the Borough
for information purposes.
j.
Compliance with Other Ordinances. In addition to obtaining site plan approval pursuant to Chapter 38 as provided in paragraph d above, golf course applicants shall comply with all other municipal land use and development ordinances including, but not limited to: Chapter 35, Land Use Provisions; Chapter 25, Soil and Soil Removal; Chapter 24, Tree Preservation and Protection and Chapter 27, Flood Management and Control.
k.
Compliance with Other Governmental Regulations. In addition to the
foregoing, golf course applicants shall comply with all other applicable
statutes, ordinances, resolutions, directives, rules and regulations.
[1]
Editor's Note: Former subsection 40-9.14, Communication Facilities
as a Conditional Use, previously codified herein and containing portions
of Ordinance Nos. 1996-07 and 1997-11, was repealed in its entirely
by Ordinance No. 2006-#23.
[Added 3-15-2022 by Ord. No. 2022-04]
a.
Conditional Use. The following types of cannabis establishments shall
be permitted as a conditional use in the I-60 Industrial, Office and
Research Zone, subject to the remaining terms and conditions of this
section:
b.
Accessory Uses Permitted.
1.
Storage, packaging, distribution and testing of cannabis and cannabis
products by a cannabis cultivator or cannabis manufacturer incident
to cultivation and manufacturing activities licensed by the State
of New Jersey.
2.
Renewable or sustainable energy equipment for use in conjunction
with the licensed activities of a cannabis establishment, including
but not limited to roof- or ground-mounted solar arrays, battery storage
and associated mechanical and electrical equipment.
c.
Eligible locations. 1,000 feet or more from any residential zone,
municipal park, school or house of worship.
d.
General Standards.
1.
The facility shall meet all of the requirements for licensure by
the New Jersey Cannabis Regulatory Commission and/or the New Jersey
Department of Health.
2.
Minimum lot size: 60,000 square feet.
4.
Buffers: A minimum landscaper buffer of at least 50 feet in width
shall be established and maintained between any building and the adjacent
roadway and neighboring properties.
5.
Enclosed building: All cannabis manufacturing, wholesaling, distribution
and cultivation shall be conducted in buildings enclosed by a roof
and solid walls on all sides, and shall not have sides of such building
or structure made of glass or other transparent or translucent material,
or fabric or light material. Hoop houses, green houses or any outdoor
growing facilities are not permitted.
6.
Fencing: All structures utilized for any cultivation, manufacturing,
wholesaling, or distribution of cannabis shall be enclosed by a fence
of at least eight feet high.
7.
Security: All structures shall be designed, using safety and security
barriers, to prevent the unlawful and unauthorized entry into the
structures as prescribed by state law.
8.
Video Monitoring: There shall be controlled access to the site, with
twenty-four-hour on-site video monitoring of the exterior and interior
of the building and premises, which video shall be retained and stored
for the period prescribed by state law, but in no case shall such
video be retained and stored for less than 30 days.
9.
Public Records. Plans and reports depicting or describing access
and security concerning the building and premises shall be deemed
and protected as confidential security documents exempt from disclosure
as public records.
10.
Noise. Noise from the building and premises shall operate in compliance
with state and local noise laws and regulations.
11.
Odor. The building shall provide an air treatment system with sufficient
odor-absorbing ventilation and exhaust systems such that any odor
generated inside the building is not detectable by a person of reasonable
sensitivity at the property line of the subject property. Odor from
the building shall be monitored on an annual basis at the discretion
of the Borough, by a licensed, qualified, contractor chosen by the
Borough.
12.
Emergency power. Cannabis establishments shall have a backup generator
capable of maintaining, at a minimum, all electronic security systems
in the event of a power failure.
13.
Signs. In addition to any other municipal regulation governing signage,
all permitted signs shall be limited to the name, address and contact
number of the cannabis establishment. Signage shall not promote the
use of cannabis, and shall not contain any symbols, pictures, graphics,
or the like.
14.
Lighting. No light generated by any cannabis establishment shall
result in measurable light changes at the nearest property boundary
to each structure.
15.
Consumption. The on-site consumption and/or retail sales of cannabis
in connection with any permitted cannabis conditional use authorized
herein is prohibited. No deliveries to consumers shall be permitted
from the property, whether by the cannabis establishment or by a third-party
cannabis delivery service.
16.
Site Plan. The applicant for a proposed cannabis establishment shall
submit a site plan for review and approval by the Planning Board and
shall include a security plan for the facility.
17.
State License. The cannabis establishment must have a valid license
to operate from the State of New Jersey. Proof of such license shall
be required at the time of the application to the municipality.
18.
Storage. All cannabis, in whatever form that is stored at the permitted
premises, shall be kept in a secure manner and shall not be visible
from outside the permitted building, nor shall it be grown, processed,
exchanged, displayed outside the permitted building.
19.
Visual Displays. No pictures, photographs, drawings, or other depictions
of cannabis or cannabis paraphernalia shall appear on the outside
of any permitted building or structure nor be visible outside of the
permitted premises on the permitted property.
20.
No vehicle may be used for the ongoing or continuous storage of cannabis,
but may only be used incidental to, and in furtherance of, the transportation
of cannabis and cannabis products.
21.
Vehicles used for the transport of cannabis shall not have exterior
markings, including the words "marijuana," "cannabis," or any similar
or slang words; pictures, or other renderings of the cannabis plant,
advertisements for cannabis or its sale, transfer, cultivation, delivery,
transportation or manufacture; or any other words, phrase or symbol
indicating or intending to indicate that the vehicle is transporting
cannabis.
22.
No person under the age of 18 shall be permitted to enter into the
permitted premises without a parent or legal guardian.
23.
Sales to the public, public consumption, or personal use of cannabis,
alcohol or other controlled substances on the permitted premises is
prohibited.
e.
Coordination of Safety and Security Measures. Any applicant for a
cannabis establishment shall coordinate with the Chief of Police,
or his/her designee, regarding the measures to be taken to ensure
the security of the facility and the safety of the public and facility
employees. Such measures may include, but are not limited to, facility
access controls, surveillance systems, and site lighting consistent
with the requirements of state law.
f.
Inspection. Subject to the requirements and limitations of state
law, the municipality shall have the reasonable right to inspect the
premises of any cannabis establishment to ensure compliance with local
ordinances and regulations.
g.
Public Nuisance Declared. Operation of any prohibited or unpermitted
cannabis business establishment within the municipality in violation
of the provisions of this subsection is hereby declared a public nuisance
and shall be abated pursuant to all available remedies.
h.
Enforcement. Violations of the provisions and requirements set forth, or referenced herein, may be enforced in any manner the municipality deems appropriate, including, but not limited to, bringing an appropriate ordinance enforcement action. When an ordinance enforcement action is brought, the general penalty (Section 1-5 et seq.) provisions of the Borough Code, as amended from time to time, shall apply. Each and every day in which a violation shall occur, or continue to exist, shall constitute a separate offense. In addition to any other remedies, the Borough may institute proceedings for injunction, mandamus, abatement, or other appropriate remedies to prevent, enjoin, abate or remove any violations of this subsection. The imposition of a fine or other penalty shall not exempt the violator from compliance with the provisions of this subsection.
i.
Governing Body Approval of Applications. Whenever the Cannabis Regulatory
Commission established by the Act (the "Commission") forwards to the
municipality any application for initial licensing or renewal of an
existing license for any cannabis establishment, or otherwise solicits
the position of the municipality on any matter related to cannabis-related
activities within the municipality, or upon the request of an applicant
for or holder of such license, the governing body shall determine
whether the application complies with the municipality's restrictions
on the number of cannabis establishments and on their location, manner,
or times of operation, and promptly inform the Commission, applicant
or holder of a license whether the application complies with same
and whether it either approves or denies each application or other
request for municipal authorization forwarded to it. Notwithstanding
the forgoing, nothing herein shall prohibit any elected or appointed
official or employee from expressing their opinions or views on cannabis-related
matters in their personal or individual official capacity, or endorsing
an applicant for or holder of a license issued by the Commission,
provided that such official shall not represent that their opinions
or views are those of the municipality unless based on a duly adopted
ordinance or resolution of the municipality, or other action of a
majority of the governing body.
j.
Transfer Tax Imposed. There is hereby imposed a transfer tax as follows:
k.
User Tax Imposed. In addition to the transfer tax imposed, a user
tax, or an equivalent transfer tax rate, is hereby established on
any concurrent license holder, as permitted by Section 33 of P.L.
2021, c. 16,[1] operating more than one cannabis establishment. The user
tax shall be imposed on the value of each transfer or use of cannabis
or cannabis items not otherwise subject to the transfer tax imposed
herein, from the license holder's establishment that is located
in the Borough of Ringwood to any of the other license holder's
establishments, whether located in Ringwood or another municipality.
[1]
Editor's Note: See N.J.S.A. 24:6I-46.
l.
Collection. Every cannabis establishment and/or licensee shall remit
transfer taxes and user taxes collected and due and owing on a quarterly
basis to the Municipal Chief Financial Officer, along with certified
copies of sales receipts and product transfer ledgers or documentation.
The dates of tax remission shall be on or before January 2, April
1, July 1 and October 1, or as established by the Chief Financial
Officer. Each licensee shall certify to the truth and accuracy of
the receipts and product transfer ledgers or documentation and shall
remit a return in a form determined by the Chief Financial Officer.
The transfer tax or user tax imposed herein shall be collected or
paid, and remitted to the Borough of Ringwood by the cannabis establishment
from the cannabis establishment purchasing or receiving the cannabis
or cannabis item as provided in N.J.S.A. 40:48I-1b(2).
m.
Tax Liability. Every cannabis establishment required to collect a
transfer tax or user tax imposed by ordinance pursuant to this section
shall be personally liable for the transfer tax or user tax imposed,
collected, or required to be collected under this section. In addition,
any unpaid balance and interest and penalties accruing thereon shall
constitute a lien on the real property on which the cannabis establishment
is located, and such lien shall be enforced in the same manner as
municipal tax liens.
n.
Delinquent Taxes. All unpaid taxes as required under this subsection
shall be subject to the accrual of interest and penalties at rates
and penalties set forth and established for delinquent real property
taxes within the Borough of Ringwood.
o.
Administration of Transfer Tax. The Chief Financial Officer is charged
with the administration and enforcement of the provisions of this
subsection and is empowered to prescribe, adopt, promulgate and enforce
rules and regulations relating to any matter pertaining to the administration
and enforcement of this subsection, including provisions for the reexamination
and corrections of declarations and returns, and of payments alleged
or found to be incorrect, or as to which an overpayment is claimed
or found to have occurred, and to prescribe forms necessary for the
administration of this subsection. Should a cannabis establishment
fail or refuse to provide adequate information to the Chief Financial
Officer to determine the amount of tax due, the Chief Financial Officer
may use information provided to the Chief Financial Officer from other
sources (i.e., the Commission or Department of Treasury) to determine
the amount of tax liability.
1.
It shall be the duty of the Chief Financial Officer to collect and
receive the taxes, fines, and penalties imposed by this subsection.
It shall also be the duty of the Chief Financial Officer to keep a
record showing the date of such receipt. The Chief Financial Officer
is authorized to enter into agreements with the State of New Jersey
to obtain information to facilitate administration of the tax. The
Chief Financial Officer is authorized to issue a ruling upon written
request of a taxpayer or upon its own volition.
2.
The Chief Financial Officer is hereby authorized to examine the books,
papers and records of any taxpayer to verify the accuracy of any declaration
or return, or if no declaration or return was filed, to ascertain
the tax due. Every taxpayer is hereby directed and required to give
to the Chief Financial Officer, or to any agent designated by him/her,
the means, facilities and opportunity for such examinations and investigations,
as are hereby authorized.
p.
Recordkeeping. Taxpayers liable for the transfer tax and user tax
are required to keep such records to enable the filing of true and
accurate returns, or the tax and such records shall be preserved for
a period of not less than three years from the filing date or due
date, whichever is later, in order to enable the Chief Financial Officer
or any agent designated by him to verify the correctness of the declarations
or returns filed. If records are not available in the municipality
to support the returns which were filed or which should have been
filed, the taxpayer will be required to make them available to the
Chief Financial Officer either by producing them at a location in
the municipality or by paying for the expenses incurred by the Chief
Financial Officer or his agent in traveling to the place where the
records are regularly kept.
q.
Confidentiality. The returns filed by taxpayers, and the records
and files of the Chief Financial Officer respecting the administration
of the transfer tax and user tax, shall be considered confidential
and privileged, and neither the municipality nor any employee or agent
engaged in the administration thereof or charged with the custody
of any such records or files, nor any former officer or employee,
nor any person who may have secured information therefrom, shall divulge,
disclose, use for their own personal advantage, or examine for any
reason, other than a reason necessitated by the performance of official
duties, any information obtained from the said records or files or
from any examination or inspection of the premises or property of
any person. Neither the Chief Financial Officer, nor any employee
engaged in such administration or charged with the custody of any
such records or files, shall be required to produce any of them for
the inspection of any person or for use in any action or proceeding
except when the records or files or the facts shown thereby are directly
involved in an action or proceeding under the provisions of the State
Uniform Tax Procedure Law or of the tax law affected, or where the
determination of the action or proceeding will affect the validity
or amount of the claim of the municipality under the tax provisions
of this subsection.
r.
Audit and Assessment. The Chief Financial Officer may initiate an
audit by means of an audit notice. If, as a result of an examination
conducted by the Chief Financial Officer, a return has not been filed
by a taxpayer or a return is found to be incorrect and transfer taxes
are owed, the Chief Financial Officer is authorized to assess and
collect any tax due. If no return has been filed and tax is found
to be due, the tax actually due may be assessed and collected with
or without the formality of obtaining a return from the taxpayer.
Deficiency assessments (i.e., where a taxpayer has filed a return
but is found to owe additional tax) shall include taxes for up to
three years to the date when the deficiency is assessed. Where no
return was filed, there shall be no limit to the period of assessment.
Failure to cooperate with the audit, or any misrepresentation or fraud
committed by the establishment or licensee, shall result in the immediate
suspension of the license.
[1985 Code § 22-6.4]
a.
Buffer zones shall be as provided in Schedule 6 attached to this chapter.
b.
Maintenance. Any fencing or landscaping installed in a buffer zone
shall be maintained in good condition to achieve the desired screening
effect. Failure to maintain fencing or to replace dead or diseased
landscaping or to remove any refuse which may collect in a buffer
zone shall be considered a violation of this chapter.
[1]
Editor's Note: See Schedule 6 Buffer Zone Requirements attached to this chapter.
[1985 Code § 22-7.1]
In all districts there shall be provided at the time any building, structure or use is erected, enlarged or increased in capacity, off-street parking and loading spaces for automobiles and other vehicles in accordance with the requirements set forth in Chapter 38 Site Plan Review, Section 38-3 of the Revised General Ordinances of the Borough of Ringwood. Such facilities shall be completed prior to the issuance of a Certificate of Occupancy. In cases where site plan approval is not required, the standards established herein shall prevail.
[1985 Code § 22-7.2]
Commercial vehicles with a gross vehicle weight exceeding 10,000
lbs. including buses used or designated for public conveyance of any
nature shall not be parked overnight or stored out-of-doors overnight
in any Residential Zone in the Borough.
Not more than one commercial vehicle may be kept outdoors on
any one-family or two-family lot. The one permitted vehicle shall
not exceed a weight of 10,000 lbs. and must be used by a resident
of the premises.
In nonresidential zones, any commercial vehicle which is parked
overnight shall be appropriately located so as not to be visible by
the general public.
[1985 Code § 22-7.3]
Every parcel of land hereafter used as a public or private off-street
parking or loading area shall be maintained in good condition, free
of hazards and deterioration. All pavement areas, sidewalks, curbs,
drainage facilities, lighting, bumpers, guardrail, markings, signs,
landscaping and other improvements shall be maintained in workable,
safe and good condition.
[1985 Code § 22-8.1]
A use, building or structure which is lawfully in existence
at the effective date of this chapter and shall be made nonconforming
at the passage of this chapter or any applicable amendment thereto
may be continued except as otherwise provided herein.
[1985 Code § 22-8.2]
No existing use, structure, building or premises devoted to
a nonconforming use shall be enlarged, extended, reconstructed, substituted
or structurally altered, except when changed to a conforming use or
when required to do so by law and as follows:
a.
Repairs. Normal maintenance and repair of a structure containing
a nonconforming use is permitted, provided that it does not extend
the area or volume of space occupied by the nonconforming use and
does not increase the number of dwelling units.
b.
Nothing in this chapter shall prevent the strengthening or restoring
to a safe or lawful condition any part of any building or structure
declared unsafe or unlawful by the Construction Official or other
authorized State or Borough Official.
c.
Change of title or ownership does not discontinue a nonconforming
use.
[1985 Code § 22-8.3]
A nonconforming use shall be considered to be abandoned if there
occurs a cessation of the use for a period of one year and/or if there
occurs a change of use to a more conforming use for any period of
time, and such nonconforming use shall not thereafter be revived.
[1985 Code § 22-8.4]
Any nonconforming residential building or structure lawfully
under construction on the effective date of this chapter, pursuant
to plans filed with and approved by the Construction Official and
approved by all other municipal boards and agencies as required under
law, may be completed and may be used for the nonconforming use of
which it was designed, to the same extent as if such building had
been completed and has been in use on the effective date of this chapter,
provided that such building or structure shall be completed within
two years after the effective date of this chapter.
[1985 Code § 22-8.5; Ord. No. 1999-07 § 1]
Building permits for the construction of an addition to an existing
one-family dwelling or for an accessory structure located on a lot
deficient in area, width, depth, frontage or any combination thereof
shall be issued without the requirement of obtaining a variance provided:
a.
The new construction violates no other regulations of the Zoning
chapter other than as provided in this section; and
b.
The new construction does not increase any existing violation of
the maximum disturbed area, lot coverage or improved lot coverage
requirements of this Zoning chapter; and
c.
The new construction violates side and/or rear yard setback requirements
but does not extend beyond the projected building lines of the existing
structure or where the proposed new construction is a vertical addition
utilizing the same building footprint, provided, however, that the
new construction is no closer to the side and rear lines than as indicated
in the table below:
|
Zone
|
Side
|
Rear
|
|---|---|---|
|
R-20
|
10 feet
|
20 feet
|
|
R-40, RT-40
|
20 feet
|
35 feet
|
|
Decks shall be considered new construction and shall not be
exempted from this section.
|
[1985 Code § 22-9.1]
All uses, either existing or proposed, shall be subject to the
following performance standards.
[1985 Code § 22-9.2]
a.
Prior to Commencement of Construction and/or Operation. Any application
for a Building Permit or Certificate of Occupancy which is for a use
which shall be subject to performance standards shall be accompanied
by a sworn statement by the owner of subject property that the use
shall be operated in accordance with the performance standards set
forth herein.
b.
Continued Compliance. Continued compliance with performance standards
shall be required and the enforcement of continued compliance with
these performance standards shall be enforced by the Construction
Official, Borough Engineer, Health Officer, and Fire Prevention Bureau.
[1985 Code § 22-9.3]
The location where determinations are to be made for measurement
of performance standards shall be made as follows:
[1985 Code § 22-9.4]
a.
Vibration. No vibration shall be permitted which is detectable without instruments at points of measurement specified in subsection 40-14.3 herein.
b.
Glare. No direct or sky-reflected glare shall be visible at the points of measurement specified in subsection 40-14.3 herein.
c.
Smoke.
1.
The emission standards of this chapter or as promulgated by the New
Jersey Department of Environmental Protection, whichever is more restrictive,
shall pertain.
2.
No emission shall be permitted, from any chimney or otherwise, or
visible gray smoke of a shade equal to or darker than No. 1 on the
Power's Micro-Ringelmann Chart, published by McGraw Hill Publishing
Company, Inc., copyright 1954 being a direct facsimile reduction of
a standard Ringelmann Chart as issued by the United States Bureau
of Mines.
3.
The provisions of this subsection shall not apply to:
(a)
Visible gray smoke of a shade not darker than No. 2 of the chart
may be emitted for not more than four minutes in any 30 minute period.
(b)
Smoke resulting from any fire ignited solely for the purpose
of training or research in fire prevention or protection.
(c)
Smoke from locomotives the shade or appearance of which is equal
to but darker than No. 3 of the Power's Micro-Ringelmann Chart for
a period or periods aggregating no more than 30 seconds in any three
consecutive minutes, or smoke of the density for a period aggregating
no more than four minutes in any 15 consecutive minutes when building
a new fire.
(d)
Household fireplaces.
d.
Odors. There shall be no emission of odorous gases or other odorous
matter in such quantities as to be offensive as measured at the property
lines of the use creating such odor.
e.
Fly Ash and Dust. No emission of any fly ash or dust shall be permitted
to be discharged from any stack, chimney or by other means into the
open air in excess of the quantity set forth in regulations promulgated
by the New Jersey Department of Environmental Protection.
f.
Noise. There shall be no noise from any source, other than transportation
facilities or temporary construction work which shall exceed the values
given in the following table in any octave band or frequency. The
sound pressure level shall be measured with a sound level analyzer
that conforms to the specifications published by the "American Standard
Sound Level Meters for Measurement of Noise and Other Sounds" Z24.
3-1944, American Standards Association, Inc., New York, N.Y. and "American
Standard Specifications for an Octave-Band Filter Set for the Analysis
of Noise and Other Sounds" Z24. 10-1953, American Standards Association,
Inc., New York, N.Y. shall be used.
|
Frequency Bank In Cycles Per Second
|
Sound Pressure Level Decibels Re 0.0002 dyne-cm (2)
|
|---|---|
|
0-75
|
65
|
|
75-150
|
50
|
|
150-300
|
44
|
|
300-600
|
38
|
|
600-1,200
|
35
|
|
1,200-2,400
|
32
|
|
2,400-4,800
|
29
|
|
Above 4,800
|
26
|
|
If objectionable noises due to intermittence, beat frequency
or hammering exist or if the noise is not smooth and continuous, corrections
shall be made to the above tables by subtracting five decibels from
each decibel level given.
|
g.
Radioactivity or Electrical Disturbance. No activities shall be permitted
which emit dangerous radioactivity. No activities shall be permitted
where electrical disturbances adversely affect the operation of any
equipment. All applicable Federal and State regulations shall be complied
with.
h.
Fire and Explosion Hazard. All activities involving and all storage
of flammable and explosive materials shall be provided with adequate
safety devises against the hazard of fire and explosion and adequate
fire-fighting and fire suppression equipment and devices standard
in this industry. Burning of waste materials in open fires is prohibited.
The relevant provisions of State and local laws and regulations shall
also apply.
All raw materials, fuel, and finished products shall be stored
within an entirely closed building. Liquids may be stored in underground
tanks. The storage of crude oil or any other volatile or inflammable
liquid in aboveground tanks with individual capacity greater than
500 gallons is prohibited.
i.
Liquids or Solid Waste. There shall be no discharge of any wastes
of any kind into any reservoir, pond or lake. The discharge of untreated
wastes into streams shall also be prohibited. All methods of sewage
and industrial waste treatment and disposal shall be approved by the
Borough and New Jersey State Department of Environmental Protection.
|
Effluent from a treatment plant shall at all times comply with
the standards of the New Jersey Department of Environmental Protection
or the following regulations, whichever is more restrictive.
| |
|
Maximum five day biochemical oxygen demand
|
Five parts per million
|
|
Maximum quantity of effluent
|
10% of minimum daily stream flow
|
|
Maximum five day biochemical oxygen demand after dilution (B.O.D.
of effluent multiple by quantity divided by quantity of stream flow)
|
0.25 part per million
|
|
Maximum total solids
|
5,000 parts per million
|
|
Maximum Phenol
|
0.01 parts per million
|
|
No effluent shall contain any other acids, oils, dust, toxic
metals, corrosive or other toxic substances in solution or suspension
which would create odors, discolor, poison, or otherwise pollute the
stream in any way.
| |
[Ord. No. 1997-29 § A]
This section of the Borough of Ringwood Code sets forth regulations
regarding low and moderate income housing units in the Borough of
Ringwood that are consistent with the provisions of N.J.A.C. 5:93
et seq. as effective on June 6, 1994. These rules are pursuant to
the Fair Housing Act of 1985 and the Borough of Ringwood's constitutional
obligation to provide for its fair share of low and moderate income
housing.
[Ord. No. 1997-29 §§ 1–14]
a.
The Borough of Ringwood's new construction or inclusionary component
will be divided equally between low and moderate income households
as per N.J.A.C. 5:93-2.20.
b.
Except for inclusionary developments constructed pursuant to low
income tax credit regulations:
1.
At least 1/2 of all units within each inclusionary development will
be affordable to low income households; and
2.
At least 1/2 of all rental units will be affordable to low income
households; and
3.
At least 1/3 of all units in each bedroom distribution pursuant to
N.J.A.C. 5:93-7.3 will be affordable to low income households.
c.
Inclusionary developments that are not restricted to senior citizens
will be structured in conjunction with realistic market demands so
that:
1.
The combination of efficiency and one bedroom units is at least 10%
and no greater than 20% of the total low and moderate income units;
and
2.
At least 30% of all low and moderate income units are two bedroom
units; and
3.
At least 20% of all low and moderate income units are three bedroom
units; and
4.
Low and moderate income units restricted to senior citizens may utilize
a modified bedroom distribution. At a minimum, the number of bedrooms
will equal the number of senior citizen low and moderate income units
within the inclusionary development.
d.
In conjunction with realistic market information, the following criteria
will be used in determining maximum rents and sale prices:
1.
Efficiency units will be affordable to one person households; and
2.
One bedroom units will be affordable to 1.5 person households; and
3.
Two bedroom units will be affordable to three person households;
and
4.
Three bedroom units will be affordable to 4.5 person households;
and
5.
Median income by household size will be established by a regional
weighted average of the uncapped Section 8 income limits published
by HUD as per N.J.A.C. 5:93-7.4(b); and
6.
The maximum average rent and price of low and moderate income units
within each inclusionary development will be affordable to households
earning 57.5% of median income; and
7.
Moderate income sales units will be available for at least three
different prices and low income sales units will be available for
at least two different prices; and
8.
For both owner-occupied and rental units, the low and moderate income
units will utilize the same heating source as market units within
an inclusionary development; and
9.
Low income units will be reserved for households with a gross household
income less than or equal to 50% of the median income approved by
COAH; moderate income units will be reserved for households with a
gross household income less than 80% of the median income approved
by COAH as per N.J.A.C. 5:93-9.16; and
10.
The regulations outlined in N.J.A.C. 5:93-9.15 and 5:93-9.16 will
be applicable for purchased and rental units.
e.
For rental units, developers and/or municipal sponsors may:
1.
Establish one rent for a low income unit and one for a moderate income
unit for each bedroom distribution; and
2.
Gross rents, including an allowance for tenant-paid utilities, will
be established so as not to exceed 30% of the gross monthly income
of the appropriate household size as per N.J.A.C. 5:93-7.4(a). The
tenant-paid utility allowance will be consistent with the utility
allowance approved by HUD for use in New Jersey.
f.
For sale units:
1.
The initial price of a low and moderate income owner-occupied single-family
housing unit will be established so that after a down payment of 5%,
the monthly principal, interest, homeowner and private mortgage insurances,
property taxes (based on the restricted value of the low and moderate
income unit) and condominium or homeowner fees, does not exceed 28%
of the eligible gross monthly income; and
2.
Master deeds of inclusionary developments will regulate condominium
or homeowner association fees or special assessments of low and moderate
income purchasers at 50% of those paid by market purchasers. This
50% is consistent with the requirement of N.J.A.C. 5:93-7.4(e). Once
established within the master deed, the 50% will not be amended without
prior approval from COAH; and
3.
The Borough of Ringwood will follow the general provisions concerning
uniform deed restriction liens and enforcement through Certificates
of Occupancy or Reoccupancy on sale units as per N.J.A.C. 5:93-9.3;
and
4.
The Borough of Ringwood will require a Certificate of Reoccupancy
for any occupancy of a low or moderate income sales unit resulting
from a resale as per N.J.A.C. 5:93-9.3(c); and
5.
Municipal, State, nonprofit and seller options regarding sale units
will be consistent with N.J.A.C. 5:93-9.5-9.8. Municipal rejection
of repayment options for sale units will be consistent with N.J.A.C.
5:93-9.9; and
6.
The continued application of options to create, rehabilitate or maintain
low and moderate income sale units will be consistent with N.J.A.C.
5:93-9.10; and
7.
Eligible capital improvements prior to the expiration of controls
on sale units will be consistent with N.J.A.C. 5:93-9.11; and
8.
The regulations detailed in N.J.A.C. 5:93-9.12-9.14 will be applicable
to low and moderate income units that are sale units.
g.
In zoning for inclusionary developments, the following is required:
1.
Low and moderate income units will be built in accordance with N.J.A.C.
5:93-5.6(d):
|
Minimum % of Low/Moderate Income Units Completed
|
% of Market Housing Units Completed
|
|---|---|
|
0
|
25
|
|
10
|
25 + 1 unit
|
|
50
|
50
|
|
75
|
75
|
|
100
|
90
|
|
100
|
2.
A design of inclusionary developments that integrates low and moderate
income units with market units is encouraged as per N.J.A.C. 5:93-5.6(e).
h.
To provide assurances that low and moderate income units are created
with controls on affordability over time and that low and moderate
income households occupy these units, the Borough of Ringwood will
designate the Department of Community Affairs with the responsibility
of ensuring the affordability of sales and rental units over time.
The Department of Community Affairs will be responsible for those
activities detailed in N.J.A.C. 5:93-9.1(a).
1.
In addition, the Department of Community Affairs will be responsible
for utilizing the verification and certification procedures outlined
in N.J.A.C. 5:93-9.1(b) in placing households in low and moderate
income units; and
2.
Newly constructed low and moderate income sales units will remain
affordable to low and moderate income households for at least 30 years.
The Department of Community Affairs will require all conveyances of
newly constructed units to contain the deed restriction and mortgage
lien adopted by COAH and referred to as Technical Appendix E as found
in N.J.A.C. 5:93; and
3.
Housing units created through the conversion of a nonresidential
structure will be considered a new housing unit and will be subject
to thirty-year controls on affordability. The Department of Community
Affairs will require COAH's appropriate deed restriction and mortgage
lien.
i.
Regarding rehabilitated units:
1.
Rehabilitated owner-occupied single-family housing units that are
improved to code standard will be subject to affordability controls
for at least six years; and
2.
Rehabilitated renter-occupied housing units that are improved to
code standard will be subject to affordability controls for at least
10 years; and
j.
Regarding rental units:
1.
Newly constructed low and moderate income rental units will remain
affordable to low and moderate income households for at least 30 years.
The Department of Community Affairs will require the deed restriction
and lien and deed of easement referred to as Technical Appendix H
as found in N.J.A.C. 5:93; and
2.
Affordability controls in accessory apartments will be for a period
of at least 10 years, except if the apartment is to receive a rental
bonus credit pursuant to N.J.A.C. 5:93-5.13, then the controls on
affordability will extend for 30 years; and
3.
Alternative living arrangements will be controlled in a manner suitable
to COAH that provides assurances that such a facility will house low
and moderate income households for at least 10 years except if the
alternative living arrangement is to receive a rental bonus credit
pursuant to N.J.A.C. 5:93-5.13, then the controls on affordability
will extend for 30 years.
k.
Section 14(b) of the Fair Share Housing Act N.J.S.A. 52:27D-301 et
seq. incorporates the need to eliminate unnecessary cost generating
features from the Borough of Ringwood's Land Use Ordinances. Accordingly,
the Borough of Ringwood will eliminate development standards that
are not essential to protect the public welfare and to expedite or
fast track municipal approvals/denials on inclusionary development
applications. The Borough of Ringwood will adhere to the components
of N.J.A.C. 5:93-10.1-10.3.
l.
The Borough of Ringwood has a fair share obligation of 59 units of
which 40 are new construction. This section will apply to all developments
that contain proposed low and moderate income units that are listed
below and any future developments that may occur:
|
Franciscan Sisters Senior Citizen Rental Units
|
15
|
|
Spectrum for Living-Group Homes
|
16
|
|
Borough Property-Family Housing Units
|
9
|
1.
The affirmative marketing plan is a regional marketing strategy designed
to attract buyers and/or renters of all majority and minority groups,
regardless of sex, age or number of children, to housing units which
are being marketed by a developer/sponsor, municipality and/or designated
administrative agency of affordable housing. The plan will address
the requirements of N.J.A.C. 5:93-11. In addition, the plan prohibits
discrimination in the sale, rental, financing or other services related
to housing on the basis of race, color, sex, religion, handicap, age,
familial status/size or national origin. The Borough of Ringwood is
in the housing region consisting of Housing Region 1, Sussex, Passaic,
Bergen and Hudson Counties. The affirmative marketing program is a
continuing program and will meet the following requirements:
All newspaper articles, announcements and requests for applications
for low and moderate income units will appear in the following daily
regional newspapers/ publications:
|
The Trends
|
|
North Jersey Herald and News
|
2.
The primary marketing will take the form of at least one press release
sent to the above publications and a paid display advertisement in
each of the above newspapers. Additional advertising and publicity
will be on an "as needed" basis.
3.
The advertisement will include a description of the:
Street address of units;
Direction to housing units;
Number of bedrooms per unit;
Range of prices/rents;
Size of units;
Income information; and
Location of applications including business hours and where/how
applications may be obtained.
4.
All newspaper articles, announcements and requests for applications
for low and moderate income housing will appear in the following neighborhood-oriented
weekly newspapers, religious publications and organizational newsletters
within the region:
|
Church Newsletters
|
|
Chamber of Commerce Newsletter
|
5.
The following regional radio and/or cable television stations will
be used:
|
The Trends
|
|
North Jersey Herald and NewsTCI of Northern New Jersey
|
6.
The following is the location of applications, brochure(s), sign(s),
and/or poster(s), used as part of the affirmative marketing program
including specific employment centers within the region:
|
Municipal Administrative Building
|
|
Municipal Library
|
|
Developer's Sales Office
|
|
Major Employers in Region
|
7.
The Borough Manager or his/her designee will be the community contact
person(s) in Passaic County that will aid in the affirmative marketing
program with particular emphasis on contacts that will reach out to
groups that are least likely to apply for housing within the region.
8.
Quarterly flyers and applications will be sent to each of the following
agencies for publication in their journals and for circulation among
their members: Board of Realtors in Sussex, Passaic, Bergen and Hudson
counties.
9.
Applications will be mailed to prospective applicants upon request.
10.
Additionally, quarterly informational circulars and applications
will be sent to the chief administrative employees of each of the
following agencies in the counties of Sussex, Passaic, Bergen and
Hudson:
|
Welfare or Social Service Board
|
|
Rental Assistance Office (local office of DCA)
|
|
Office on Aging
|
|
Housing Agency or Authority
|
|
Library
|
|
Area Community Action Agencies
|
11.
The following is a description of the random selection method that
will be used to select occupants of low and moderate income housing:
as per the Department of Community Affairs guidelines and regulations.
12.
The Department of Community Affairs is the agency under contract
with the Borough of Ringwood to administer the affirmative marketing
program. The Department of Community Affairs has the responsibility
to income qualify low and moderate income households; to place income
eligible households in low and moderate income units upon initial
occupancy; to provide for the initial occupancy of low and moderate
income units with income qualified households; to continue to qualify
households for reoccupancy of units as they become vacant during the
period of affordability controls; to assist with advertising and outreach
to low and moderate income households; and to enforce the terms of
the deed restriction and mortgage loan as per N.J.A.C. 5:93-9.1. The
Borough Manager or his/her designee within the Borough of Ringwood
is the designated housing officer to act as liaison to the Department
of Community Affairs. The Department of Community Affairs will 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.
13.
Households who live or work in the COAH-established housing region
may be given preference for sales and rental units constructed within
that housing region. Applicants living outside the housing region
will have an equal opportunity for units after regional applicants
have been initially serviced. The Borough of Ringwood intends to comply
with N.J.A.C. 5:93-11.7.
14.
All developers of low and moderate income housing units will be required
to assist in the marketing of the affordable units in their respective
developments.
15.
The marketing program will commence at least 120 days before the
issuance of either temporary or permanent Certificates of Occupancy.
The marketing program will continue until all low and moderate income
housing units are initially occupied and for as long as affordable
units are deed restricted and occupancy or reoccupancy of units continues
to be necessary.
16.
The Department of Community Affairs will comply with monitoring and
reporting requirements as per N.J.A.C. 5:93-11.6 and 5:93-12.1.
m.
The Borough of Ringwood will undertake a rehabilitation program to
rehabilitate seven substandard housing units occupied by low and moderate
income households. The Borough of Ringwood has designated the Department
of Community Affairs to administer the rehabilitation program. The
Department of Community Affairs will prepare a marketing plan for
the rehabilitation program. The rehabilitation program will be consistent
with N.J.A.C. 5:93-5.2(b) through 5.2(1).
n.
The following sites have been designated to meet the Borough of Ringwood's
inclusionary component outlined in the Housing Element and Fair Share
Plan which was adopted by the Planning Board on March 6, 1995. The
following zones are applicable to the designated sites:
[Ord. No. 2008-#27 § 1]
a.
Purpose.
1.
In Holmdel Builder's Association V. Holmdel Township, 121 N.J. 550
(1990), the New Jersey Supreme Court determined that mandatory development
fees are authorized by the Fair Housing Act of 1985 (the Act), N.J.S.A.
52:27d-301 et seq., and the State Constitution, subject to the Council
on Affordable Housing's (COAH's) adoption of rules.
2.
Pursuant to P.L. 2008, c.46 section 8 (C. 52:27D-329.2) and the Statewide
Non-Residential Development Fee Act (C. 40:55D-8.1 through 8.7), COAH
is authorized to adopt and promulgate regulations necessary for the
establishment, implementation, review, monitoring and enforcement
of municipal affordable housing trust funds and corresponding spending
plans. Municipalities that are under the jurisdiction of the Council
or court of competent jurisdiction and have a COAH-approved spending
plan may retain fees collected from nonresidential development.
3.
This subsection establishes standards for the collection, maintenance,
and expenditure of development fees pursuant to COAH's regulations
and in accordance P.L. 2008, c.46, Sections 8 and 32-38. Fees collected
pursuant to this subsection shall be used for the sole purpose of
providing low- and moderate-income housing. This subsection shall
be interpreted within the framework of COAH's rules on development
fees, codified at N.J.A.C. 5:97-8.
c.
Definitions.
1.
AFFORDABLE HOUSING DEVELOPMENT
COAH OR THE COUNCIL
DEVELOPER
DEVELOPMENT FEE
EQUALIZED ASSESSED VALUE
GREEN BUILDING STRATEGIES
The following terms, as used in this subsection, shall have the following
meanings:
Shall mean a development included in the Housing Element
and Fair Share Plan, and includes, but is not limited to, an inclusionary
development, a municipal construction project or a 100% affordable
development.
Shall mean the New Jersey Council on Affordable Housing established
under the Act which has primary jurisdiction for the administration
of housing obligations in accordance with sound regional planning
consideration in the State.
Shall mean the legal or beneficial owner or owners of a lot
or of any land proposed to be included in a proposed development,
including the holder of an option or contract to purchase, or other
person having an enforceable proprietary interest in such land.
Shall mean money paid by a developer for the improvement
of property as permitted in N.J.A.C. 5:97-8.3.
Shall mean the assessed value of a property divided by the
current average ratio of assessed to true value for the municipality
in which the property is situated, as determined in accordance with
sections 1, 5, and 6 of P.L. 1973, c. 123 (C.54:1-35a through C.54:1-35c).
Shall mean those strategies that minimize the impact of development
on the environment, and enhance the health, safety and well-being
of residents by producing durable, low-maintenance, resource-efficient
housing while making optimum use of existing infrastructure and community
services.
d.
Nonresidential Development Fees.
1.
Imposed Fees.
(a)
Within all zoning districts, nonresidential developers, except
for developers of the types of development specifically exempted,
shall pay a fee equal to 2.5% of the equalized assessed value of the
land and improvements, for all new nonresidential construction on
an unimproved lot or lots.
(b)
Nonresidential developers, except for developers of the types
of development specifically exempted, shall also pay a fee equal to
2.5% of the increase in equalized assessed value resulting from any
additions to existing structures to be used for nonresidential purposes.
(c)
Development fees shall be imposed and collected when an existing
structure is demolished and replaced. The development fee of 2.5%
shall be calculated on the difference between the equalized assessed
value of the pre-existing land and improvement and the equalized assessed
value of the newly improved structure, i.e. land and improvement,
at the time final certificate of occupancy is issued. If the calculation
required under this section results in a negative number, the nonresidential
development fee shall be zero.
2.
Eligible Exactions, Ineligible Exactions and Exemptions for Nonresidential
Development.
(a)
The nonresidential portion of a mixed-use inclusionary or market
rate development shall be subject to the 2.5% development fee, unless
otherwise exempted below.
(b)
The 2.5% fee shall not apply to an increase in equalized assessed
value resulting from alterations, change in use within existing footprint,
reconstruction, renovations and repairs.
(c)
Nonresidential developments shall be exempt from the payment
of non-residential development fees in accordance with the exemptions
required pursuant to P.L. 2008, c.46, as specified in the Form N-RDF
"State of New Jersey Non-Residential Development Certification/Exemption"
Form. Any exemption claimed by a developer shall be substantiated
by that developer.
(d)
A developer of a nonresidential development exempted from the
nonresidential development fee pursuant to P.L.2008, c.46 shall be
subject to it at such time the basis for the exemption no longer applies,
and shall make the payment of the nonresidential development fee,
in that event, within three years after that event or after the issuance
of the final Certificate of Occupancy of the nonresidential development,
whichever is later.
(e)
If a property which was exempted from the collection of a nonresidential
development fee thereafter ceases to be exempt from property taxation,
the owner of the property shall remit the fees required pursuant to
this subsection within 45 days of the termination of the property
tax exemption. Unpaid nonresidential development fees under these
circumstances may be enforceable by the Borough of Ringwood as a lien
against the real property of the owner.
e.
Collection Procedures.
1.
Upon the granting of a preliminary, final or other applicable approval,
for a development, the applicable approving authority shall direct
its staff to notify the construction official responsible for the
issuance of a building permit.
2.
For nonresidential developments only, the developer shall also be
provided with a copy of Form N-RDF "State of New Jersey Non-Residential
Development Certification/Exemption" to be completed as per the instructions
provided. The developer of a nonresidential development shall complete
Form N-RDF as per the instructions provided. The construction official
shall verify the information submitted by the nonresidential developer
as per the instructions provided in the Form N-RDF. The Tax Assessor
shall verify exemptions and prepare estimated and final assessments
as per the instructions provided in Form N-RDF.
3.
The Construction Official responsible for the issuance of a building
permit shall notify the local tax assessor of the issuance of the
first building permit for a development which is subject to a development
fee.
4.
Within 90 days of receipt of that notice, the municipal tax assessor,
based on the plans filed, shall provide an estimate of the equalized
assessed value of the development.
5.
The Construction Official responsible for the issuance of a final
certificate of occupancy notifies the local assessor of any and all
requests for the scheduling of a final inspection on property which
is subject to a development fee.
6.
Within 10 business days of a request for the scheduling of a final
inspection, the Municipal Assessor shall confirm or modify the previously
estimated equalized assessed value of the improvements of the development;
calculate the development fee; and thereafter notify the developer
of the amount of the fee.
7.
Should the Borough of Ringwood fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in subsection b of section 37 of P.L.2008, c.46 (N.J.S.A. 40:55D-8.6).
8.
50% of the development fee shall be collected at the time of issuance
of the building permit. The remaining portion shall be collected at
the issuance of the Certificate of Occupancy. The developer shall
be responsible for paying the difference between the fee calculated
at building permit and that determined at issuance of Certificate
of Occupancy.
9.
Appeal of Development Fees.
(a)
A developer may challenge nonresidential development fees imposed
by filing a challenge with the Director of the Division of Taxation.
Pending a review and determination by the Director, which shall be
made within 45 days of receipt of the challenge, collected fees shall
be placed in an interest bearing escrow account by the Borough of
Ringwood. 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.
f.
Affordable Housing Trust Fund.
1.
There is hereby created a separate, interest-bearing housing trust
fund to be maintained by the Chief Financial Officer for the purpose
of depositing development fees collected from residential developers
and proceeds from the sale of units with extinguished controls.
2.
The following additional funds shall be deposited in the affordable
housing trust fund and shall at all times be identifiable by source
and amount:
(a)
Payments in lieu of on-site construction of affordable units;
(b)
Developer contributed funds to make 10% of the adaptable entrances
in a townhouse or other multistory attached development accessible;
(c)
Rental income from municipally operated units;
(d)
Repayments from affordable housing program loans;
(e)
Recapture funds;
(f)
Proceeds from the sale of affordable units; and
(g)
Any other funds collected in connection with the Borough of
Ringwood's affordable housing program.
3.
Within seven days from the opening of the trust fund account, the
Borough of Ringwood shall provide COAH with written authorization,
in the form of a three-party escrow agreement between the municipality,
a bank selected by the Governing Body and COAH to permit COAH to direct
the disbursement of the funds as provided for in N.J.A.C. 5:97-8.13(b).
4.
All interest accrued in the housing trust fund shall only be used
on eligible affordable housing activities approved by COAH.
g.
Use of Funds.
1.
The expenditure of all funds shall conform to a spending plan approved
by COAH. Funds deposited in the housing trust fund may be used for
any activity approved by COAH to address the Borough of Ringwood's
fair share obligation and may be set up as a grant or revolving loan
program. Such activities include, but are not limited to: preservation
or purchase of housing for the purpose of maintaining or implementing
affordability controls, rehabilitation, new construction of affordable
housing units and related costs, accessory apartment, market to affordable,
or regional housing partnership programs, conversion of existing nonresidential
buildings to create new affordable units, green building strategies
designed to be cost saving and in accordance with accepted national
or State standards, purchase of land for affordable housing, improvement
of land to be used for affordable housing, extensions or improvements
of roads and infrastructure to affordable housing sites, financial
assistance designed to increase affordability, administration necessary
for implementation of the Housing Element and Fair Share Plan, or
any other activity as permitted pursuant to N.J.A.C. 5:97-8.7 through
8.9 and specified in the approved spending plan.
2.
Funds shall not be expended to reimburse the Borough of Ringwood
for past housing activities.
3.
At least 30% of all development fees collected and interest earned
shall be used to provide affordability assistance to low- and moderate-income
households in affordable units included in the municipal Fair Share
Plan. One-third of the affordability assistance portion of development
fees collected shall be used to provide affordability assistance to
those households earning 30% or less of median income by region.
(a)
Affordability assistance programs may include down payment assistance,
security deposit assistance, low interest loans, rental assistance,
assistance with homeowners association or condominium fees and special
assessments, and assistance with emergency repairs.
(b)
Affordability assistance to households earning 30% or less of
median income may include buying down the cost of low or moderate
income units in the municipal Fair Share Plan to make them affordable
to households earning 30% or less of median income. The use of development
fees in this manner may entitle the Borough of Ringwood to bonus credits
pursuant to N.J.A.C. 5:97-3.7.
(c)
Payments in lieu of constructing affordable units on site and
funds from the sale of units with extinguished controls shall be exempt
from the affordability assistance requirement.
4.
The Borough of Ringwood may contract with a private or public entity
to administer any part of its Housing Element and Fair Share Plan,
including the requirement for affordability assistance, in accordance
with N.J.A.C. 5:96-18.
5.
No more than 20% of all revenues collected from development fees,
may be expended on administration, including, but not limited to,
salaries and benefits for municipal employees or consultant fees necessary
to develop or implement a new construction program, a Housing Element
and Fair Share Plan, and/or an affirmative marketing program. In the
case of a rehabilitation program, no more than 20% of the revenues
collected from development fees shall be expended for such administrative
expenses. Administrative funds may be used for income qualification
of households, monitoring the turnover of sale and rental units, and
compliance with COAH's monitoring requirements. Legal or other fees
related to litigation opposing affordable housing sites or objecting
to the Council's regulations and/or action are not eligible uses of
the affordable housing trust fund.
h.
Monitoring.
1.
The Borough of Ringwood shall complete and return to COAH all monitoring
forms included in monitoring requirements related to the collection
of development fees from residential and nonresidential developers,
payments in lieu of constructing affordable units on site, funds from
the sale of units with extinguished controls, barrier free escrow
funds, rental income, repayments from affordable housing program loans,
and any other funds collected in connection with Ringwood's housing
program, as well as to the expenditure of revenues and implementation
of the plan certified by COAH. All monitoring reports shall be completed
on forms designed by COAH.
i.
Ongoing Collection of Fees.
1.
The ability for the Borough of Ringwood to impose, collect and expend
development fees shall expire with its substantive certification unless
the Borough of Ringwood has filed an adopted Housing Element and Fair
Share Plan with COAH, has petitioned for substantive certification,
and has received COAH's approval of its development fee ordinance.
If the Borough of Ringwood fails to renew its ability to impose and
collect development fees prior to the expiration of substantive certification,
it may be subject to forfeiture of any or all funds remaining within
its municipal trust fund. Any funds so forfeited shall be deposited
into the "New Jersey Affordable Housing Trust Fund" established pursuant
to section 20 of P.L. 1985, c.222 (N.J.S.A. 52:27D-320). The Borough
of Ringwood shall not impose a residential development fee on a development
that receives preliminary or final site plan approval after the expiration
of its substantive certification or judgment of compliance, nor shall
the Borough of Ringwood retroactively impose a development fee on
such a development. The Borough of Ringwood shall not expend development
fees after the expiration of its substantive certification or judgment
of compliance.
[1985 Code § 22-10.1]
a.
The Administrative Officer, Construction Official, Zoning Officer
and the Borough Engineers are hereby given the duty, power and authority
to respectively enforce the provisions of this chapter under their
separate powers and authority as provided by law. They shall examine
all applications under their jurisdiction, shall approve all permits
and other approvals required by law and shall make all required inspections
to insure compliance with this chapter.
b.
The Construction Official and the Zoning Officer of the Borough shall administer and enforce this chapter in accordance with the provisions of the Uniform Construction Code of the Borough, the Residential Lot Plan Ordinance, Chapter 38 Site Plan Review and Chapter 36 Land Subdivision, this chapter and all other applicable laws. In no case shall a permit be granted for the construction, reconstruction or alteration of any building or for the occupancy thereof where the proposed construction, reconstruction, alteration or use thereof would be in violation of any provision of this chapter, except upon written order of the Board of Adjustment, Planning Board or Governing Body, as the case may be, granting approval of a variance from this chapter.
c.
The Zoning Officer or the duly authorized agents of the Zoning Officer
may cause any buildings, plans or premises to be inspected and examined
and to order, in writing, the remedying of any conditions found to
exist in violation of any provisions of this chapter.
d.
The Zoning Officer or the duly authorized agents of the Zoning Officer
shall have the right, consistent with law, in the execution of the
duties authorized herein to enter any building or premises during
the daytime.
[1985 Code § 22-10.2]
a.
Purpose. To ensure compliance with the provisions of this chapter,
no person shall erect, alter or convert any structure or building
or part thereof or alter or expand the use of any land subsequent
to the adoption of this chapter until a Building Permit has been issued
by the Construction Official.
b.
Application for Permit. Every application for a Building Permit shall
be accompanied by plans, in duplicate; drawn in ink or in blueprint,
showing:
1.
The actual shape and dimensions of the lot to be built upon.
2.
The exact location, size and height of the buildings and accessory
buildings existing.
3.
The lines within which the building or structure is to be erected
or altered.
4.
The existing or intended use of each building or part of a building.
5.
The number of families or housekeeping units the building is designed
to accommodate.
6.
The number and location of off-street parking spaces and off-street
loading areas.
7.
Such other information, with regard to the lot and neighboring lots
as may be necessary to determine and provide for the enforcement of
this chapter.
|
One copy of the plans shall be returned to the owner when they
have been approved by the Construction Official, together with such
permit as may be granted.
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c.
Issuance of Permit. It shall be the duty of the Construction Official
to issue a Building Permit provided that the Construction Official
is satisfied that the structure, building and proposed use conforms
with all requirements of this chapter and that all other reviews and
actions, if any, called for in this chapter or any other Borough Ordinances
have been complied with and all necessary approvals secured therefor.
All Building Permits shall be issued in duplicate and one copy shall
be kept conspicuously on the premises affected and protected from
the weather whenever construction work is being performed thereon.
No owner, contractor, workman or other person shall perform any building
operations of any kind unless a Building Permit covering such operation
has been displayed as required by this chapter, nor shall anyone perform
building operations of any kind after notification of the revocation
of the Building Permit.
d.
All dimensions shown on the plan referred to in paragraph b of this
subsection relating to the location and size of the lot to be built
upon shall be based on an actual survey. The lot and the location
of the building thereon shall be staked out of the ground before construction
is started.
e.
Denial of Permit. When the Construction Official is not satisfied
that the applicant's proposed development shall meet the provisions
of this chapter, or of any other applicable ordinance of the Borough,
or any other law, the Construction Official shall deny issuance of
the Building Permit. This denial shall be prepared in writing, in
duplicate, outlining in detail the basis of determination for the
denial and a copy submitted to the applicant for the Building Permit.
f.
Revocation of Permit. If it appears at any time, to the Construction
Official, or the duly authorized agents of the Construction Official
or of the Borough, that the application or accompanying plan is in
any respect false or misleading, or that work is being done on the
premises differing from that called for in the applications filed
under existing laws or ordinances, the Construction Official may forthwith
revoke the Building Permit. The notice of revocation shall be prepared
in writing, in duplicate, outlining in detail the basis of determination
for the revocation and a copy submitted to the holder of the Building
Permit. Upon notice of revocation of a Building Permit, it shall be
the duty of the person holding the same to surrender it and all copies
thereof to the Construction Official. After the Building Permit has
been revoked, the Construction Official may, before issuing a new
Building Permit, require the applicant to file guarantees in favor
of the Borough of Ringwood with sufficient surety, conditioned for
the compliance with this chapter and all laws and ordinances then
in force, and in a sum sufficient to cover the cost of removing the
building or structure if it does not so comply.
[1985 Code § 22-10.3; Ord. No.
1997-24 §§ 1, 2]
a.
Certificate Required. No owner shall use or permit the use of any
structure, or part thereof, created, erected, changed, converted or
enlarged, wholly or partly, after June 18, 1961, until a Certificate
of Occupancy shall have been issued by the Construction Official;
such Certificate of Occupancy shall specifically indicate the proposed
use and shall show that the building, or part thereof, and the proposed
use thereof are in conformity with the provisions of this chapter.
The Construction Official shall issue a Certificate of Occupancy provided
that the building or a part thereof, and the proposed use thereof
conform with all the requirements of the chapter.
b.
Reissuance of Certificate of Occupancy. The Borough of Ringwood does
not have a local maintenance code nor does the Borough of Ringwood
require the reissuance of a Certificate of Occupancy upon the resale
or refinance of any existing dwelling(s).
Any open construction permits are the responsibility of the
present owner and the responsibility will transfer to the new owner.
A letter to this effect shall be issued upon written request
containing the following information: Address of dwelling, name and
address of present owner, name and address of applicant and a $15
fee payable to the Borough of Ringwood.
c.
Application for Certification. Any building, structure or improvement
to realty, other than those used for residential purposes shall require
a Certificate of Occupancy for any new tenant using or occupying such
building. Prior to the issuance of the Certificate of Occupancy, the
owner or proposed tenant shall submit to the Construction Official
a certificate of approval from the Ringwood Fire Prevention Bureau.
A Certificate of Occupancy, either for the whole or part of
a building, shall be applied for concurrently with application for
a Building Permit and shall be issued immediately after the erection
or alteration or such building, or part, shall have been completed
in conformity with the provisions of this chapter.
d.
Denial of Certification. In the event the Construction Official denies
issuance of a Certificate of Occupancy, the denial shall be prepared
in writing, in duplicate, outlining in detail the basis of determination
for the denial and a copy submitted to the applicant for the Certificate
of Occupancy.
e.
Certificate for Pre-Existing Uses. Upon written request from an owner
or tenant, the Construction Official shall issue a Certificate of
Occupancy for any building or use of land existing on July 18, 1961.
The Construction Official may require a hearing with notice, certifying,
after inspection, the extent and kind of use made of the building
and whether such use conforms to the provisions of this chapter.
f.
Record to be Kept. A record of all Certificates of Occupancy shall
be kept on file by the Construction Official, and copies shall be
furnished to any person having a proprietary or tenancy interest in
the building in question. A monthly report of the Certificates of
Occupancy issued shall be filed with the Borough Tax Assessor.
g.
Records Search. A records search for construction permits requires
a written request listing address of construction, name and address
of present owner, name and address of applicant, date range of information
sought, and a fee of $25 payable to the Borough of Ringwood.
h.
Temporary Certificate. The Construction Official may issue a Temporary
Certificate of Occupancy for a use of land or building which is related
to the development of the property for its permitted use. Such permits
may be issued for a six-month period, and no more than one six-month
extension may be granted.
[1985 Code § 22-10.4]
a.
Referral from Board of Adjustment. The Board of Adjustment may refer
to the Planning Board any application or appeal for its report.
b.
Report to Board of Adjustment. The Planning Board shall report its
findings to the Board of Adjustment within 35 days of receipt of request.
Such report shall state all recommended conditions and modifications
and the reasons for recommending approval or disapproval.
[1985 Code § 22-10.5]
a.
Complaints of Violations. Any person may file a complaint if there
is any reason to believe a violation of this chapter exists. All such
complaints must be in writing and shall be filed with the Zoning Officer,
who shall properly record such complaint and immediately investigate.
b.
Procedures for Abatement of Violations.
1.
In case any building or structure is erected, constructed, reconstructed,
altered, repaired, converted or maintained or any building, structure
or land is used in violation of this chapter or of any ordinance or
regulation made under authority conferred hereby, the Zoning Officer
or other proper official, in addition to other remedies, may institute
any appropriate legal action or proceedings to prevent such unlawful
erection, construction, reconstruction, alteration, repair, conversion,
maintenance or use; to restrain, correct or abate such violation;
to prevent the occupancy of the building structure or land; or, any
illegal act, conduct, business or use about such premises.
2.
A violation of any of the terms of this chapter shall be abated immediately,
or within as reasonable a time as may be determined, after written
notice has been served, either by mail or personal service.
c.
Penalties. Any person, firm or corporation violating any provision
of this chapter shall, upon conviction, be subject to a fine not exceeding
$1,250 for each offense or imprisonment not exceeding 90 days, or
both, in the discretion of the Court imposing sentence pursuant to
N.J.S.A. 40:49-5. Each day that a violation occurs or is committed
shall constitute a separate offense. In addition, the property Certificate
of Occupancy may be rescinded after an appropriate hearing before
the Zoning Officer upon 10 days' notice to the owner and occupant
of the property.
[1985 Code § 22-11.1]
All amendments to this chapter and to the Zoning Map, which
forms a part hereof, shall be adopted in accordance with the provisions
of New Jersey Law.
[1985 Code § 22-11.2]
In the interpretation and the application of the provisions
of this chapter, these regulations shall be held to be the minimum
requirements for the promotion of health, safety, morals and general
welfare. It is not intended to interfere with or abrogate or annul
other rules, regulations or ordinances, provided that where this chapter
imposes greater restrictions, the provisions of this chapter shall
apply.
[1985 Code § 22-11.3]
If any section, subsection, sentence, clause or phrase of this
chapter is for any reason held by a court of competent jurisdiction
to be invalid, such a decision shall not affect the validity of the
remaining portions of this chapter. The Governing Body of the Borough
of Ringwood hereby declares that it would have passed this chapter
and each section or part thereof irrespective of the fact that any
one or more sections or parts thereof be declared invalid.
