Editor's Note: For regulations concerning Construction
of Driveways in Crescent Park, see Ordinance No. 372 as amended; Swimming
Pools, see Ordinance No. 288 as amended. For regulations concerning
grading certification, height certification, silt fence requirements,
on-site portable toilets, contractor's signs and permitted hours of
construction, see Ordinance #891.
[Ord. #579, A I, § 1]
This chapter shall be known and may be cited as the "Borough
of Sea Girt Zoning Regulations."
[Ord. #579, A I, § 2]
The purpose of this chapter is to encourage the most appropriate
use of land throughout the Borough; to conserve and stabilize the
value of property; to prevent the overcrowding of land and buildings;
to avoid undue concentration of population; to lessen congestion in
the streets; to secure safety from fire, panic and other dangers;
to provide adequate light and air and to promote the health, morals,
safety, comfort, convenience and general welfare of the people. For
these purposes, this chapter establishes precise and detailed regulations
designed to regulate and restrict the use of land and the location
and use of buildings and structures within specified zoning districts;
to promote orderly development; prohibit incompatible uses; regulate
the height, number of stories and size of buildings and other structures
hereafter erected or altered; regulate and determine the size of yards
and other open spaces and to regulate and limit the density of population.
It is the intent of this chapter to implement in an orderly manner
the provisions of the Master Plan for the Borough and to encourage
the established single family residential character of the Borough.
[Ord. #579, A I, § 3]
The provisions of this chapter shall be held to be minimum requirements.
Where this chapter imposes a greater restriction than is imposed or
required by other provisions of law or by other rules or regulations
or resolutions, the provisions of this chapter shall control.
[Ord. #579, A I, § 4; amended Ord.
No. 06-2018; 6-9-2021 by Ord. No. 07-2021]
a.
CANNABIS
CANNABIS CULTIVATOR
CANNABIS DELIVERY SERVICE
CANNABIS DISTRIBUTOR
CANNABIS ESTABLISHMENT
CANNABIS MANUFACTURER
CANNABIS RETAILER
CANNABIS WHOLESALER
Definitions. For purposes of this chapter, the following definitions
shall apply:
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 P.L. 2016, c.
16, for use in cannabis products as set forth in this act, but shall
not include the weight of any other ingredient combined with cannabis
to prepare topical or oral administrations, food, drink, or other
product. "Cannabis" does not include: medical cannabis dispensed to
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
al.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et al.); 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. 2001, 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 al.); 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 al.).
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.
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.
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment, and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities.
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
Any licensed person or entity that processes cannabis items
in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer.
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.
b.
Cannabis establishments, distributors and delivery services prohibited.
1.
Pursuant to Section 31b of the New Jersey Cannabis Regulatory, Enforcement
Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16),
all cannabis establishments, cannabis distributors or cannabis delivery
services are hereby prohibited from operating anywhere in the Borough
of Sea Girt, except for the delivery of cannabis items and related
supplies by a licensed cannabis delivery service based and initiated
from a cannabis delivery service licensed location outside of the
Borough of Sea Girt.
2.
This Subsection 17-1.4 is hereby amended by adding to the list of prohibited uses, the following: "All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in section 3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies by a licensed delivery service from outside the Borough of Sea Girt."
[Ord. #579, A II; Ord. #596; Ord. #621; Ord. #627; Ord. #749;
Ord. #755; Ord. #759; Ord. #825; Ord. #855; Ord. #892; New; Ord. #24-2013; Ord. No. 02-2016 § 1; Ord. No. 06-2017 § 2; Ord. No. 14-2017; Ord.
No. 17-2017; Ord. No. 17-2018; Ord. No. 19-2018 § 2; Ord. No. 20-2018 § 1; 7-12-2024 by Ord. No. 17-2024]
For the purposes of this chapter, certain terms and words are
herein defined as follows: The words "used for" include "designed
for" and vice versa; words used in the present tense include the future;
words used in the singular number include the plural number and vice
versa; the word "used" shall include arranged, designed, constructed,
altered, converted, rented, leased or intended to be used; the word
"building" includes the word "structure"; the word "dwelling" includes
the word "residence"; the word "lot" includes the word "plot" or "parcel"
and the word "shall" is mandatory and not discretionary. Any word
or term not defined herein shall be given its ordinary meaning. Definitions
of uses not permitted by this chapter are included and intended solely
for the purpose of clarification.
Shall mean a structure or building, the nature of which is
related to, incidental to and subordinate to the principal use of
the lot on which the accessory structure or building is located including
but not limited to garage structures, permitted storage structures,
mechanical equipment as referred to in Ordinance #855 (adopted 5-22-2002)
and other permitted accessory structures.
Shall mean any change in the supporting members of a building
such as walls, columns, beams and girders which would materially affect
the use of the structure.
Shall mean a room or suite of connected rooms for occupancy
as a single dwelling unit by one family in a building having two or
more of such dwelling units.
Shall mean a story having more than 50% of its height below
finished grade.
Shall mean any building, together with any related structure,
accessory building, any land appurtenant thereto, and any part thereof,
which contains two or more units of dwelling space arranged or intended
for single room occupancy, exclusive of any such unit occupied by
an owner or operator, and wherein personal or financial services are
provided to the residents, including any residential hotel or congregate
living arrangement, but excluding any hotel, motel or established
guest house wherein a minimum of 85% of the units of dwelling space
are offered for limited tenure only, any foster home as defined in
Section 1 of P.L. 1962, c. 137 (C.30:4C-26.1), any community residence
for the developmentally disabled as defined in Section 2 of P.L. 1977,
c. 448 (C.30:11B-2), any dormitory owned or operated on behalf of
any nonprofit institution of primary, secondary or higher education
for the use of its students, any building arranged for single room
occupancy wherein the units of dwelling space are occupied exclusively
by students enrolled in a full-time course of study at an institution
of higher education approved by the Department of Higher Education,
and any facility or living arrangement operated by or under contract
with, any State department or agency, upon the written authorization
of the commissioner.
Shall mean any structure with a permanent location and a
roof supported by columns, posts or walls and intended for the shelter,
housing or enclosing of persons, animals or property.
Shall mean the percentage of the lot area that is covered
by the building area plus any porches and/or area within the outside
dimensions of a covered or enclosed breezeway which may connect an
otherwise detached garage. Calculations of building coverage may exclude
area within the outside dimensions of an integral or attached garage
that are uncovered by upper stories.
Shall mean a line formed by the intersection of a horizontal
plane at average grade level and a vertical plane that corresponds
with the exterior surface of the building on any side and to any height.
In case of a cantilevered or projected section of a building, the
vertical plane will coincide with the most projected surface, however
cornices, eaves, gutters, rakeboards and roof over-hangs are allowed
to encroach into the yard but not to exceed 18 inches. All yard requirements
are measured to the building line.
All applicable provisions of the New Jersey State BOCA are
hereby adopted by reference regarding the setback of structural projections
to a building such as chimneys and steps. If there is a conflict between
BOCA and the ordinances of the Borough of Sea Girt the most restrictive
shall apply.
Is the maximum horizontal cross-sectional area of the principal
building or structures excluding cornices, eaves, gutters, rakeboard
or chimney not projecting more than 18 inches, and excluding any structure
the height of which is 16 inches or less above natural elevation.
Shall mean a building for civic, social, educational, cultural
and recreational activities of a neighborhood or community not operated
primarily for monetary gain.
Shall mean the vertical distance from the crown of the public
roadway, either improved or unimproved, fronting any property to the
top of the highest roof beam on a flat or shed roof, the deck level
on a mansard roof and the highest ridge level for gable, hip and gambrel
roofs. The maximum building heights permissible shall be 35 feet for
any principal structure; and 16 feet for any garage or any accessory
structures. Minimum roof pitch for all principal structures shall
be 30 degrees and shall be 25 degrees for all accessory structures.
Dormers on principle dwelling and mechanical platforms shall be exempt
from the minimum roof pitch requirements. In the event that property
does not front on an improved or unimproved public roadway, then the
property's building height shall be taken at the nearest access point
to an improved or unimproved public roadway. Any person obtaining
a building permit to construct a structure within the Borough of Sea
Girt shall obtain and submit to the Construction Official, at or before
the time of the framing inspection, a certification from a licensed
engineer, licensed architect or licensed surveyor indicating that
the structure under construction does not violate this chapter; the
person certifying shall provide the true and accurate measurement
of the height of the structure so constructed at the time of framing.
Shall mean an attached accessory building designated for the storage of motor vehicles and constructed primarily as an open building with only a roof and the necessary supporting columns, with its building coverage measured by the vertical projection to the horizontal plane of the roof. See subsection 17-5.1.
Shall mean a certificate issued by the Construction Official
upon completion of the erection of a building or upon the completion
of an erection, conversion or enlargement materially affecting the
use of the building, wholly or in part, or upon a change in the use
of a building which certifies that all requirements of this chapter
or such adjustments thereof which have been granted by the Board of
Adjustment and all other applicable requirements have been complied
with.
Shall mean a wooden floor outside a house, usually with railings
and without a roof installed over a pervious surface.
Shall mean any part of the territory of the Borough to which
certain uniform regulations and requirements of this chapter apply.
Shall mean a projection from a sloping roof that contains
a window which shall not exceed 10 feet in length measured along its
long wall and is set back a minimum of two feet from the exterior
vertical building wall beneath the dormer. An exception is made for
a dormer that results from stairs on an outside wall, which is permitted
to be flush with the exterior vertical building wall against which
stairs are constructed.
Shall mean a paved or unpaved surface not to exceed 14 feet
in width running from the street to a garage or parking area located
according to zoning regulations. There shall be no more than one driveway
per lot. Where the driveway connects to a garage (either attached,
detached or integrated), the driveway may be appropriately flared
to ensure that access to and from the garage may be safely accommodated.
Shall be defined by and constructed in accordance with the
New Jersey Stormwater Best Management Practices Manual Chapter 9.3
Standard for Dry Wells.
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DWELLING APARTMENT BUILDING - Shall mean a multi-family building
containing two or more dwelling units.
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DWELLING, MULTI-FAMILY - Shall mean a building containing three
or more dwelling units and occupied or designed for occupancy by three
or more families living independently of each other with their own
cooking, sanitary and sleeping facilities.
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DWELLING, SEMI-DETACHED - Shall mean a two-family dwelling with
one dwelling unit attached and located beside the other and separated
therefrom by a part or common wall, whether or not that wall is a
fire wall.
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DWELLING, SINGLE-FAMILY - Shall mean a building containing one
dwelling unit only and occupied or intended to be occupied exclusively
for residence purposes by one family.
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DWELLING, TWO-FAMILY - Shall mean a building containing two
dwelling units only and intended for residential occupancy by two
families each living independently of each other and each with its
own separate sleeping, cooking and sanitary facilities.
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DWELLING UNIT - Shall mean a building or part thereof having
cooking, sleeping, and sanitary facilities for one family.
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Shall mean a dwelling unit in an apartment house consisting
of one large room with bath and cooking facilities separated from
such room by a permanent wall or sliding doors.
Shall mean one or more persons, whether related or unrelated,
constituting a bona fide housekeeping unit maintaining a common household
or family type relationship on a permanent basis for an indefinite
period of time limited to the number of persons that the residential
premises may accommodate under applicable housing code provisions.
This definition does not include any society, club, fraternity, sorority,
association, lodge, or similar organization and any assembly of lodgers
occupying rented rooms in a boarding house, rooming house, hotel,
or other place of public accommodation. It does not include a group
of persons who intend to live together temporarily.
Shall mean any establishment whose principal business is
the sale of foods, frozen desserts or beverages to the customer in
a ready-to-consume state for consumption, either within the restaurant
building or for carry-out with consumption on or off the premises,
and whose design or method of operation may include all or some of
the following characteristics:
Foods, frozen desserts or beverages are usually served in edible
containers or in paper, plastic or other disposable containers.
A limited or specialized list of quickly prepared or pre-prepared
food items, utilizing mechanized standardized preparation and packaging
techniques, is offered for on and off the premises consumption.
Drive-in or outside ordering service via a separate drive-in
lane, call box and delivery window.
No table service.
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FIRST FLOOR AREA - Shall mean and shall be measured by using
the outside dimensions of the residential portion of the building
and shall include the area within the outside dimensions of a covered
or enclosed breezeway which may connect an otherwise detached garage.
The similarly measured area of an integral or attached garage is excluded
from the measurement of first floor area. For a split level or a tri-level
dwelling, the area for calculating building coverage shall be the
sum of the exterior bounded areas of adjoining levels.
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SECOND FLOOR AREA - Shall mean and shall be measured by using
the outside dimensions of the building above the level of the ceiling
of the first floor area.
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GARAGE, PARKING - Shall mean a building, or part thereof, other
than an accessory or repair garage used for the off-street storage
of passenger vehicles free of charge or at hourly, daily or monthly
rates and which may also include (a) servicing of the vehicles as
an incidental use, but not the repair thereof, and (b) keeping any
such vehicles for hire.
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GARAGE, PRIVATE - Shall mean a detached accessory building or
portion of a main building primarily used for the parking or temporary
storage of automobiles of the occupants of the main dwelling to which
the garage is an accessory.
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Shall mean the total square footage of all habitable floor
levels and shall be determined by measuring the outside dimensions
of the building at each floor level excluding an uncovered porch or
patio. The area of an attached garage is excluded except in those
cases where a habitable area of the second floor exists above the
garage.
See rooming house.
Shall mean the floor area within a residential structure
to be used for habitation excluding cellars, attics, utility (heating
and cooling) rooms and garages and open porches and, in apartment
houses, excluding common hallways.
Shall mean an office activity carried on for gain by a resident
in a dwelling unit as an accessory use.
Shall mean a building which (a) contains guest rooms, each
having its only access from a central interior corridor which are
designed or intended to be used, let, or hired out for compensation
(b) contains a public lobby serving the guest rooms (c) may contain
one or more dining rooms and (d) has a full-time on-site management.
Shall mean any building where congregations gather for prayer.
Is any surface impenetrable by water but not limited to building
and structures. Building and structures include, but are not limited
to, buildings, structures, dwellings, accessory buildings, garages,
storage sheds, tool sheds, recreational courts, including but not
limited to tennis and basketball courts, pools, pool houses, cabanas,
covered decks, patios, porches, driveways, walkways and all other
areas covered by pavers or impervious materials. For purposes of this
ordinance, porous pavers, porous concrete and asphalt shall be deemed
to be an impervious surface.
Is the percentage of the lot area that is covered by impervious
surface excluding building area and in-ground pools with coping on
all four sides.
Shall mean the same as habitable room area.
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LOT - Shall mean a tract or parcel of land, abutting a street,
the area of which is sufficient to provide the yard spaces and minimum
area requirements of this chapter.
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LOT, CORNER - Shall mean a lot at the junction of and abutting
two or more intersecting streets where the interior angle of intersection
does not exceed 135°. Corner lots shall have a front, a rear and
side yards. The front yard shall be the smaller of the two lot lines
coexistent with the street line. The rear yard shall be the side opposite
the front. The remaining sides shall be considered side lot lines.
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LOT, DEPTH - Shall mean the horizontal distance between the
front and rear lot lines, measured from the midpoint of the front
lot line to the midpoint of the rear lot line.
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LOT, INTERIOR - Shall mean a lot other than a corner lot.
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LOT LINE - Shall mean any line forming a portion of the exterior
boundary of a lot. The "lot line" is the same as the street line for
that portion of a lot abutting a street. "Lot lines" extend vertically
in both directions from ground level.
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Shall mean a building or group of buildings which (a) contains
guest rooms each with outside entrances which are designed or intended
to be used, let or hired out for compensation, (b) contains a public
lobby serving the guest rooms, (c) may contain one or more dining
rooms, and (d) has full-time, on-site management.
See dwelling.
Shall mean a lot the area, dimension or location of which
was lawful prior to the adoption of this or any prior zoning ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption.
Shall mean a structure the size, dimension or location of
which was lawful prior to the adoption of this or any prior zoning
ordinance, but which fails to conform to the requirements of a zoning
district in which it is located by reason of such adoption.
Shall mean a use or act which was lawful prior to the adoption
of this or any prior zoning ordinance, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption.
Shall mean a dwelling unit in an apartment containing not
more than one room designed, intended and devoted to sleeping purposes.
Shall mean any undeveloped part of a lot which is designed
to meet the side, rear or front yard requirements of this chapter,
or an open area of potential development use for park, recreational,
commercial, residential or industrial use.
Shall mean a parking space, other than a street, for the
parking of one or more motor vehicles.
Shall mean a space, not on a street, used for the parking
of motor vehicles and available to clients or customers for a fee
or free of charge.
Shall mean an area not less than 10 feet wide by 20 feet
in length either with a structure or in the open, exclusive of driveways,
aisles or access drives, for the parking of a motor vehicle, except
that nothing shall prohibit driveways for one-family dwellings from
being considered one off-street parking space per residence, provided
that no portion of such driveway within the right-of-way of the street's
intersection shall be considered off-street parking spaces.
Shall mean any use of the land or building as permitted by
this chapter.
Shall not be subject to the requirements of subsection 17-5.22 and shall mean those pools which are not otherwise permanently installed, do not require water filtration, circulation and purification, do not exceed two feet of water depth, and do not exceed a water surface area of 120 square feet.
Shall mean swimming pools or tanks, plastic or otherwise,
placed upon residential premises.
Shall mean a roofed entrance, piazza, or portico not more
than one story in height. A front "porch" shall not be enclosed permanently
or temporarily with any type of material nor shall there be any construction
between the roof and the floor of the porch except for columns or
posts necessary for the support of the roof or an open safety railing
which present no more than a minimal obstruction to view provided,
however, that an open wire mesh removable screening may be permitted
during the period of May 1 through October 31 of each year. Porches
shall be considered part of the principal building for the purpose
of calculating building coverage. Porches shall not be considered
habitable floor area.
Shall mean any establishment, however designated, where food
is sold for consumption on the premises excluding, however, a snack
bar or refreshment stand on property owned by the Borough or the Board
of Education.
Shall mean the land and space required on the surface, subsurface
and overhead for the construction and installation of materials necessary
to provide passageway for vehicular traffic, pedestrians, utility
lines, poles, conduits and mains, signs, hydrants, trees and shrubbery
and the proper amount of light and air.
See boarding house.
Shall mean institutions for the purpose of general academic
instruction and accredited by the New Jersey Department of Education
not operated for profit.
Shall mean land and building designed or used for the sale of fuel, lubricants or automotive accessories or providing maintenance and minor repairs for motor vehicles, but not including body repairs or, under any circumstances, the storage of inoperable or wrecked vehicles. See subsection 17-5.20.
Shall mean a line drawn to a street line or lot line and drawn through the point of a building nearest to the street line or lot line. The term "required setback" shall mean a line that is established a minimum distance from the street line or lot line and beyond which a building or part of a building is not permitted to extend in order to provide the required yards, except as provided in subsection 17-6.2.
The natural configuration and elevation of the center of the front setback line shall mean the elevation above sea level noted by New Jersey licensed engineer's or surveyor's report on the survey as measured before the undeveloped lot surface has been altered, or the elevation at this point on a lot with an existing building. See subsection 17-6.2 and 17-7.1.
Shall mean and include every sign, billboard, ground sign,
roof sign, sign painted or printed on the exterior surface of a building
or structure, illuminated sign, temporary sign, awning, banner or
canopy, and shall include any announcement, declaration, demonstration,
display, illustration or insignia used to advertise or promote the
interests of any person or product or anything that calls attention
to the building in question when the same is placed out of doors in
view of the general public.
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STORY - Shall mean that part of any building where the height
between the floor of one level and the floor or roof next above it
exceeds seven feet six inches, provided, that wherever the height
exceeds 14 feet it shall be considered two stories, and provided further
that at least 50% of the height of the story is above finished grade
along the front of the building. A basement or cellar shall not be
considered a story.
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HALF STORY - Shall be defined as attic space above or second
story which shall have a pitched roof to begin within 12 inches of
the ceiling joists line of the story below. Such attic space shall
have a minimum vertical wall of five feet including deck and balcony
space not to exceed 50% of the second story living space in the case
of a 2 1/2 story structure. All applications for review where a half
story is proposed, there shall be a delineation line showing where
the five (5) foot ceiling height is located. Chimneys shall not be
elevated more than three feet above the established ridge height.
Decorative structures such as, but not limited to, railings, widow
walks, parapets, etc., are not allowed to be more than an additional
two feet above the established ridge height. Dormers attached to half-stories
must meet the setback requirements included in the definition of dormers.
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Shall mean a right-of-way which is open to public travel
which has been dedicated to the State of New Jersey, County of Monmouth
or the Borough for public use. The street shall include the paved
traversable portion of the roadway, drains, curbs, gutters, sidewalks
and other improvements or land within the total right-of-way width
incidental to the improvements and maintenance of such street.
Shall mean the dividing line between the street right-of-way
and a lot.
See alteration, structural.
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; a principal structure shall be a structure used to facilitate or otherwise carry on the principal use of the lot on which the principal structure is located. (See subsection 17-5.15, Principal Structure; Principal Use.)
See pool, portable and private residential.
Shall mean one single family unit in a line of three or more
connected dwellings whether or not each dwelling unit is separated
by a fire wall or whether it is a line of connected semi-detached
units. Each single family unit may have one or two stories, but nothing
in this definition shall be construed to allow one dwelling unit above
another.
Shall mean a vehicle or residence on wheels, skids or rollers
without motor power, designed to be used for human habitation or for
carrying persons or property, including a trailer coach or house trailer.
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USE, ACCESSORY - Shall mean a use which is customarily associated
with and subordinate or incidental to the principal use of a lot or
building, both of which are located on the same lot.
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USE, PRINCIPAL - Shall mean the specific purpose for which a parcel of land or a building or portion of a building is designed, arranged, intended, occupied or maintained. See subsection 17-5.15.
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Shall mean a departure from the terms of this chapter authorized
by the Board of Adjustment or the governing body, as the case may
be, in accordance with State statutes.
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YARD, FRONT - Shall mean an open space, extending across the
full width of the lot and lying between the street line and the front
building line. (The depth of the front yard shall be measured horizontally
at right angles from the street line, or radially on a curved street,
to the front building line.)
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YARD, REAR - Shall mean an open space extending the full width
of the lot and lying between the rear building line and the rear lot
line. (The depth of the rear yard shall be the mean distance from
the rear lot line or its vertical projection to the part of the rear
building line that is nearest thereto at any story level, and shall
be measured at right angles to the rear lot line.)
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YARD, SIDE - Shall mean an open, unoccupied space between the
side line of the lot and the nearest wall of the building or structure
and extending from the front yard to the rear yard. The width of a
side yard shall be measured at right angles to the side line of the
lot.
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[Ord. #579, A III § 1; Ord. No.
09-2008 § 1; amended 8-11-2021 by Ord. No. 15-2021]
For the purpose of this chapter, the Borough is hereby divided
into Use Districts as follows:
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Symbol
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District
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Zone
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|---|---|---|
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1E
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1 East
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Single Family
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1W
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1 West
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Single Family
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2E
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2 East
|
Convenience
Commercial
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2W
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2 West
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Convenience
Commercial
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3
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3
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Beach
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4
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4
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Recreational Open Space
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5
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5
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Affordable Housing
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[Ord. #579, A III § 2]
The boundaries of these districts are described in subsection 17-3.3. References therein to lot and block numbers are from "Tax Map of the Borough of Sea Girt, Monmouth County, N.J. prepared by Peter R. Avakian, P.E. & P.L.S., May 2003."
[Ord. #579, A III § 3]
The boundaries of these districts are described as follows:
a.
District 1, East. BEGINNING at a point in the centerline of Sea Girt
Avenue opposite the southwest corner of Lot 3, in Block 77 on the
Tax Map and continuing, thence;
1.
In a general easterly direction along the centerline of Sea Girt
Avenue to its point of intersection with the centerline of Ocean Avenue
as shown on "Tax Map of the Borough of Sea Girt, Monmouth County,
N.J. prepared by Peter R. Avakian, P.E. & P.L.S.," thence;
2.
In a northerly direction along the centerline of Ocean Avenue to
a point in the southerly line of Lot 1, Block 7 of the Tax Map, thence;
3.
In an easterly direction along the southerly line of Lot 1, Block
7 to a point in the southeast corner of Lot 1, thence;
4.
In a northerly direction along the easterly lines of Lots 1 through
11, Block 7, to a point in the northeast corner of Lot 11 thence;
5.
In a westerly direction along the northerly line of Lot 11, Block
7 to its point of intersection with the centerline of Ocean Avenue
as shown on Tax Map, thence;
6.
In a northerly direction along the centerline of Ocean Avenue to
a point opposite the easterly corner of Lot 16, Block 15, of the Tax
Map, thence;
7.
In a general northwesterly direction along the centerline of The
Terrace along the arc of a curve bearing to the left to a point opposite
the easterly line of Lot 1 in Block 16, thence;
8.
In a northerly direction long the easterly line of Lot 1 in Block
16 to a point, thence;
9.
In a westerly direction along the northerly line of Lot 1 in Block
16, to a point in the easterly right-of-way line of First Avenue,
thence;
10.
In a northerly direction along the easterly right-of-way line of
First Avenue to the centerline of Wreck Pond, thence;
11.
In a westerly direction along the centerline of Wreck Pond to a point
in the westerly line of the right-of-way of the N.J. Transit New York
and Long Branch Railroad Company, thence;
12.
In a southerly direction along the westerly line of the right-of-way
of the N.J. Transit New York and Long Branch Railroad Company to its
point of intersection with the centerline of Sea Girt Avenue, thence;
13.
In an easterly direction along the centerline of Sea Girt Avenue
to its point of intersection with the centerline of Sixth Avenue,
thence;
14.
In a northerly direction along the centerline of Sixth Avenue to
its point of intersection with the centerline of the south side of
Crescent Parkway, thence;
15.
In an easterly direction along the centerline of the south side of
Crescent Parkway to a point therein opposite the northwest corner
of Lot 11, Block 76, thence;
16.
In a southerly direction along the westerly line of Lot 11, to a
point at the northwest corner of Lot 6, thence;
17.
In an easterly direction along the northerly lines of Lots 6 through
1, Block 76 to a point in the centerline of Fifth Avenue, thence;
18.
In a southerly direction along the centerline of Fifth Avenue to
a point therein opposite the northeast corner of Lot 1, Block 77,
thence;
19.
In a westerly direction along the northerly lines of Lots 1 through
3, Block 77 to a point at the northwest corner of Lot 3, Block 77,
thence;
20.
In a southerly direction along the westerly line of Lot 3 to a point
in the centerline of Sea Girt Avenue said point being the point or
place of BEGINNING.
b.
District 1, West. BEGINNING at the point of intersection of the centerline
of Sea Girt Avenue and the centerline of Eighth Avenue, thence;
1.
In a northerly direction along the centerline of Eighth Avenue and
continuing along the centerline of N.J. State Highway #71 after its
junction with Eighth Avenue to the centerline of Wreck Pond, thence;
2.
In an easterly direction along the centerline of Wreck Pond to a
point in the westerly line of the right-of-way of the N.J. Transit
New York and Long Branch Railroad Company, thence;
3.
In a southerly direction along the westerly line of the right-of-way
of the N.J. Transit New York and Long Branch Railroad Company to its
point of intersection with the centerline of Crescent Place as extended
easterly across Bell Place and Lot 1, Block 91, thence;
4.
In a westerly direction across Bell Place and Lot 1, Block 91 to
the beginning of the centerline of Crescent Place, thence;
5.
In a westerly direction along the centerline of Crescent Place to
a point opposite the northwest corner of Lot 22, Block 105 of the
Tax Map, thence;
6.
In a southerly direction along the westerly line of Lot 22 to a point
at the southwest corner of Lot 22, thence;
7.
In an easterly direction along the southerly line of Lot 22 to a
point at the southeast corner of Lot 22, thence;
8.
In a southerly direction along the westerly line of Lot 1, Block
105 of the Tax Map to a point in the centerline of Sea Girt Avenue,
thence;
9.
In a westerly direction along the center line of Sea Girt Avenue
to the point or place of BEGINNING.
c.
District 2, East. BEGINNING at the point of intersection of the centerline
of Washington Boulevard and the centerline of Fifth Avenue, thence;
1.
In a northerly direction to a point in the centerline of Fifth Avenue
opposite the northeast corner of Lot 1, Block 76 of the Tax Map, thence;
2.
In a westerly direction along the northerly lines of Lots 1 through
6, Block 76, to a point at the northwest corner of Lot 6, thence;
3.
In a northerly direction along the westerly line of Lot 11, Block
76, to a point in the centerline of the southside of Crescent Parkway,
thence;
4.
In a westerly direction along the centerline of the southside of
Crescent Parkway to its point of intersection with the centerline
of Sixth Avenue, thence;
5.
In a southerly direction along the centerline of Sixth Avenue to
its point of intersection with the centerline of Sea Girt Avenue,
thence;
6.
In an easterly direction along the centerline of Sea Girt Avenue
to a point therein opposite the southwest corner of Lot 3, Block 77,
thence;
7.
In a northerly direction along the westerly line of Lot 3 to the
northwest corner of Lot 3, thence;
8.
In an easterly direction along the northerly lines of Lots 3 through
1, Block 77 to a point in the centerline of Fifth Avenue, thence;
9.
Northerly along the centerline of Fifth Avenue to the point or place
of BEGINNING.
d.
District 2, West. BEGINNING at the point of intersection of the centerline
of Sea Girt Avenue and the westerly line of the right-of-way of the
N.J. Transit New York and Long Branch Railroad Company, thence;
1.
In a westerly direction along the centerline of Sea Girt Avenue to
a point opposite the southwest corner of Lot 1, Block 105 of the Tax
Map, thence;
2.
In a northerly direction at right angles to the centerline Sea Girt
Avenue along the westerly line of Lot 1 to a point in the southerly
line of Lot 22, Block 105 of the Tax Map, thence;
3.
In a westerly direction along the southerly line of Lot 22 to a point
at the southwest corner of Lot 22, thence;
4.
In a northerly direction along the westerly line of Lot 22 to the
centerline of Crescent Place, thence;
5.
In an easterly direction along the centerline of Crescent Place to
a point in the westerly line of the right-of-way of the N.J. Transit
New York and Long Branch Railroad Company, thence;
6.
In a southerly direction along the westerly line of the right-of-way
line of the N.J. Transit New York and Long Branch Railroad Company
to the point or place of BEGINNING.
e.
District 3. All of the land east of the centerline of Ocean Avenue
as shown on "Zone Map of the Borough of Sea Girt prepared by Leon
S. Avakian, Inc., October, 2005" and as the line would extend to the
north and south boundaries of the Borough; and that parcel of land
bounded on the south by the centerline of The Terrace, on the west
by the easterly and northerly line of Lot 1 in Block 16, and on the
north by the centerline of Wreck Pond.
f.
District 4. All of the land of the Borough not included in District
1 through 3 and bounded as follows: On the north by the centerline
of Sea Girt Avenue, on the west by the west boundary of the Borough,
on the south by the south boundary of the Borough and on the west
by the west boundary of District 3.
g.
District
5. The properties designated as Block 76, Lot 1, Block 76, Lot 2 Block
77, Lot 16, and Block 77, Lot 17 on the Borough of Sea Girt’s
tax map.
[Added 8-11-2021 by Ord. No. 15-2021]
[1]
Editor's Note: The Tax Map referred to herein may be found
on file in the Borough Offices.
[Ord. #936, § 1; Ord. No. 09-2008]
The Boundaries of these districts are hereby established and
shown on the map entitled "Zone Map of the Borough of Sea Girt prepared
by Leon S. Avakian, Inc., June 21, 2008," which is hereby adopted
by reference and made a part of this chapter.
[1]
Editor's Note: The Zoning Map dated June 21, 2008 is included as an attachment to this chapter.
[Ord. #579, A III § 5]
District boundary lines are intended to follow street and watercourse
centerlines or property lines as they exist at the time of enactment
of this chapter. The exact location of any disputed boundary line
shall be determined by the Planning Board.
[Ord. #579, A III, § 7]
Where a vacated street is bounded on either side by different
districts the former center line of the vacated right-of-way shall
be considered the new district line.
[Ord. #579, A IV, § 1; Ord. #621, §§ 2,3;
Ord. #749, § 4; Ord. #755, § 14; Ord. #759, § 2;
Ord. #825, § 5; Ord. #855, § 3; Ord. No. 09-2008; Ord. No. 15-2014 § 1; Ord. No. 02-2016; Ord. No. 06-2017 § 3; Ord. No. 17-2018; Ord.
No. 19-2018 § 3; Ord.
No. 20-2018 § 2; 8-11-2021 by Ord. No. 15-2021]
The restrictions and controls intended to regulate construction and use of land or buildings in each zoning district are set forth in the "Schedule of Limitations" included as an attachment to this chapter.
[Ord. #579, A IV, § 2; Ord. #627, § 2]
No building or tract of land shall hereafter be used, erected,
altered, converted, reduced or enlarged, wholly or in part, except
in compliance with this chapter.
[Ord. #627, § 2]
No alteration of the existing natural configuration and elevation
of any lands or lots shall be made without the permission of the Borough
Engineer. Such permission shall be granted only where it is demonstrated
that by reason of exceptional topographical conditions or physical
features uniquely affecting a specific piece of property such alteration
is necessary for the exercise of a permitted use of such property.
Such permission will only be granted to the extent absolutely necessary
to render the premises suitable for such permitted use. The decision
of the Borough Engineer may be appealed to the Board of Adjustment
or to the Planning Board in connection with an application for subdivision
or site plan approval.
[Ord. #579, A IV, § 3]
Where a new lot is created out of a lot already occupied by
a building, such subdivision shall be effected so as not to violate
any of the requirements of this chapter with respect to each resulting
lot.
[Ord. #855, § 4-1; Ord. #892 § 1; Ord. No. 15-2014 § 2; Ord. No. 02-2016 § 3; Ord. No. 20-2018; amended 7-12-2024 by Ord. No. 17-2024]
b.
Each lot having a single-family dwelling thereon shall have a garage,
accessible by an automobile from the street, of no less than 275 square
feet nor greater than 500 square feet. There shall be no more than
one garage for each principal building. The garage shall be one of
the following:
1.
A freestanding garage no higher than 16 feet as measured pursuant
to the ordinances of the Borough of Sea Girt; or
2.
An attached garage no higher than 16 feet as measured pursuant to municipal ordinance and which meets all setback requirements for the principal building to which it is attached. An attached garage shall not be used in the calculation of building coverage pursuant to subsection 17-5.3, Building Coverage. No habitable space of any kind shall be permitted above an attached garage. The attached garage shall not extend beyond the building line of the principal building. Notwithstanding the foregoing, any attached garage, the doors of which face upon any street, improved or otherwise, shall be set back from the building line of the principal dwelling of which the attached garage forms a part by a minimum of five feet. A garage attached to the principal building by breezeway or other covered structure shall be considered as an attached garage.
3.
An integrated garage shall meet all of the setback requirements of the principal building of which it is a part. If a principal building contains an integrated garage, such garage shall be included in the calculation of lot coverage pursuant to subsection 17-5.3 Building Coverage. An integrated garage may have habitable space above. The integrated garage shall not extend beyond the building line of the principal building. Notwithstanding the foregoing, any integrated garage, the doors of which face upon any street, improved or otherwise, shall be set back from the building line of the principal dwelling of which the integrated garage forms a part by a minimum of five feet.
4.
Basement areas below accessory and/or garage structures are limited
to use as storage space only; garage basement dwelling units are not
permitted. Accessory and/or garage structures constructed with basement
areas shall be included in the lot coverage calculation.
c.
Additional Accessory Buildings. In addition to the garage as set forth in paragraph b above, each single-family dwelling may have one additional accessory building of no more than 120 square feet and no higher than eight feet in wall height. The additional accessory building may be freestanding or attached to, but shall not access, either the garage or the principal building. If attached to the principal building the additional accessory building shall not be included as part of the principal building's lot coverage pursuant to subsection 17-5.3, Building Coverage. Such additional accessory building shall be limited in use to a changing room, a bathroom, a storage shed, a pool equipment shed, or a combination thereof. The accessory building shall not be heated, shall not have any cooking facilities, and shall not be used for any other activity of daily living except as set forth herein.
d.
Location of Parking. An accessory building or a private parking area
shall not be located in any required front yard space, except that
nothing shall prohibit an owner of a home from counting his driveway
as a parking space. If located on a corner lot, an accessory building,
or a private parking area, shall be set back from the side street
to comply with the setback line applying to the principal building
for the side street.
e.
Distance from Adjacent Building and Property Line When a Garage Is
Freestanding and/or the Accessory Structure Is Not Attached to the
Principal Structure. The minimum distance of any detached accessory
structure, including a freestanding garage, from a side property line
and an adjacent building on the same residential lot shall be five
feet. The minimum distance of any detached accessory building, including
a freestanding garage, from a rear property line shall be three feet.
In case of a corner lot abutting two or more streets, no detached
accessory buildings, including freestanding garages, shall be erected
in violation of any side yard setback requirements. No accessory structures,
including freestanding garages, shall violate the front yard setback
requirements of any lot.
f.
Additional Accessory Buildings Specified in Paragraph c. Above as
Set Forth as Part of Principal Building. The accessory building pursuant
to paragraph c above may be erected as part of a principal building,
provided that all setback requirements of this chapter for the principal
building including the attached accessory building, are complied with.
g.
Accessory Buildings Not to Be Constructed Prior to Principal Building.
Notwithstanding any other provisions of this chapter, no building
permit shall be issued for the construction of an accessory building
prior to the issuance of a building permit for the construction of
the principal building to which the accessory building is accessory.
If construction of the principal building does not precede or take
place at the same time with the construction of the accessory building,
the Construction Official shall have cause to revoke the building
permit for the accessory building.
h.
Second Dwelling Prohibited. There shall not be more than one single
family residential building on a lot.
i.
Building coverage. The maximum permitted building coverage on any residential lot shall be the equivalent of 20% of lot size, calculated as described in the definition of building coverage as that term is defined in Section 17-2.
j.
Impervious Coverage. The maximum permitted impervious coverage on
any residential lot shall be the equivalent of 35% of lot size, including
all site features other than principal dwelling. Garage and accessory
structure, driveways, walkways, patios, covered decks, decks installed
over impervious materials, recreational facilities/courts, swimming
pools with installed coping on less than four sides, sheds, cabanas,
porches and all other areas covered by pavers or impervious material
are included in the calculation of impervious coverage.
k.
An uncovered deck installed over a pervious surface shall be excluded
from the calculation of impervious coverage.
l.
Dry Well(s) Requirement. Dry well(s) must be installed when a new
principal dwelling is being constructed on a residential property.
The dry well(s) must be designed to capture one gallon of roof run-off
for every seven square feet of the lot area, with a minimum dry well
to capture 1,100 gallons of roof runoff. The calculations for the
dry well(s) must be prepared by the property owner's professional
engineer and verified by the Borough Engineer prior to the granting
of any zoning or building permits.
A residential lot that is constructing improvements to the principal
dwelling that will exceed the maximum building coverage will require
a drywell(s). The drywell(s) must be designed to capture 0.6 gallons
of roof runoff for every square foot over the maximum building coverage
allowed. The calculations for the dry well(s) must be prepared by
the property owner's professional engineer and verified by the Borough
Engineer prior to the granting of any zoning or building permits.
[Ord. No. 14-2017 § 1;
prior history includes Ord. #855, § 4-1; Ord. No. 15-2014 § 3]
a.
BASEMENT OR CELLAR
Definition: For purposes of this section, the following definition
shall prevail:
Shall mean a story having more than 50% of its height below
finished grade.
b.
A grading and drainage plan shall
be submitted with the permit application which plan shall include:
a.
A full depth soil boring to the seasonal high groundwater table as
prepared by a fully licensed Professional Engineer.
b.
Location of existing and proposed grades.
c.
Groundwater conditions.
d.
Construction activities shall be undertaken in accord with all governmental
agencies including, but not limited to, the regulatory requirements
of the Freehold Soil Conservation District which include, but are
not limited to, the following: Stone Tracking Pad; Perimeter Silt
Fence; Hay Bale Inlet Protection; Zero Silt Runoff from Residential
Property; No off Site Discharge of Construction Dewatering Activities.
e.
Bottom elevation of the basement or cellar shall not be less than
two feet above the seasonal high groundwater elevation, as defined
by January 1 through April 1 of each year.
[Ord. No. 19-2018 § 4; Ord. No. 20-2018 § 3; prior history
includes Ord. #855, § 4-1; Ord. No. 15-2014 § 4]
a.
Home Office Use in Residential Zones:
Home office use, meaning an office activity carried on for gain
by a resident in a dwelling unit, shall be permitted accessory use
in residential zone districts, provided:
1.
The use is limited solely to office use;
2.
The use is operated by or employs in the residence only a resident
or residents who are permanent full-time residents of the dwelling
unit, and no other person;
3.
The use shall be located in only one room of the dwelling unit, which
shall not be served by an entrance separate from the household;
4.
Interior storage of materials shall only consist of office supplies;
5.
There shall be no change to the exterior of buildings or structures
because of the use, and no outside appearance of a business use, including,
but not limited to, parking, storage, signs or lights;
6.
The use operates no equipment or process that creates noise, vibration,
glare, fumes, odors or electrical or electronic interference, including
interference with telephone, radio or television reception, detectable
by neighboring residents;
7.
The use does not require any increased or enhanced electrical or
water supply;
8.
The quantity and type of solid waste disposal is the same as other
residential uses in the zone district;
9.
The capacity and quality of effluent is typical of normal residential
use, and creates no potential or actual detriment to the sanitary
sewer system or its components;
10.
Delivery trucks shall be limited to U.S. Postal Service, United Parcel
Service, Federal Express and other delivery services providing regular
service to residential uses in the zone district;
11.
All vehicular traffic to and from the home office shall be limited
in volume, type and frequency to what is normally associated with
other residential uses in the zone district.
b.
Schools, (as defined in § 17-2 Definitions) churches and similar places of worship, parish houses, convents, church schools and libraries that are owned and operated by duly incorporated religious organizations shall be permitted in all zones of the Borough of Sea Girt, subject to the following limitations and requirements:
1.
The minimum lot size shall be three-quarters of an acre for each
building and accessory buildings. One parish house, convent, church
school and church library may be constructed as part of a building
used as a church or similar place of worship or in combination or
singly as accessory buildings.
2.
The minimum front yard depth shall be 50 feet.
3.
The minimum side yard shall be 20 feet on both sides.
4.
The minimum rear yard depth shall be 50 feet.
5.
The minimum street frontage shall be 125 feet.
6.
The maximum building height shall be two stories, not to exceed 50
feet to the highest point of any building, exclusive of chimneys,
steeples and similar items.
7.
Parking areas shall be located only in the side yards and rear yard
and not in the buffer strips required by paragraph h below.
8.
Buffer strips 10 feet in width with planting, as indicated by the
location and existing trees and undergrowth, shall be maintained all
along the side lines and rear line. No trees shall be removed in the
buffer strips unless approved by the Planning Board.
9.
There shall be a minimum of one separate entrance and one separate
exit from and to a public street, collector road or arterial road.
10.
No building permit shall be issued unless a site plan has been approved
in writing by the Planning Board.
11.
The Planning Board, in making its determination, shall be guided
by the following standards in order that such uses may be properly
related to the orderly and harmonious development of the community.
(a)
The proper relationship of the particular structures and other
features shown on the site plan to one another and to present and
proposed structures and other features in the area.
(b)
The proper relationship of parking areas, driveways and approaches
to roadways and traffic flow on roadways and on private or public
property in the area.
(c)
The proper relationship of structures and other features to
the contours of the land.
(d)
The proper maintenance of natural features, trees and foliage.
(e)
The proper development of buffer strips as required by paragraph
8 above.
(f)
Such matters as relate to the planning and physical development
of the Borough of Sea Girt.
[Ord. #855, § 4-1; Ord. No. 20-2018; amended 10-26-2021 by Ord. No. 14-2021; 12-13-2023 by Ord. No. 11-2023]
a.
All exterior mechanical equipment, including units for heat, ventilation,
air-conditioning, pool pumps and accessories, heat pumps, other than
individual air-conditioners to serve a building property shall be
located in the rear yard and/or on the top story of either the principal
or accessory buildings, either inside or outside. If installed in
the yard, they shall comply with the rear yard and setback provisions.
If installed on the buildings they shall not be visible from the front
or side street or from ground level of immediately adjacent properties
and shall be located behind a solid non-transparent physical buffer
such as a parapet wall or solid short fence so as to dampen noise
effects on neighboring properties. Such wall or fence shall not be
higher than the ridgeline of the structure to which it is placed.
b.
Permanently installed generators shall be located in the rear yard,
and shall be installed at grade.
1.
In the event of permanently installed generators being installed
within a flood zone, they are permitted to be installed on a platform
no higher than one foot above the established base flood elevation
for the property, and shall be located behind a solid non-transparent
physical buffer to shield from view and to dampen noise effects on
neighboring properties.
[Ord. #855, § 4-2]
a.
In all residential districts, no building in which a permitted professional
office is located shall be altered in such a way as to make its exterior
design and appearance incompatible and inharmonious with a strictly
residential appearance. Commercial and store front designs are prohibited.
b.
Unfinished concrete block or cinder block wall surfaces are prohibited
in all districts.
[Ord. #855, § 4-2]
a.
A chimney shall not project more than 18 inches into any required
setback area. The projection of any chimney more than 18 inches shall
be considered part of the principal building and shall conform to
all setback requirements. Any chimney that has a parallel length along
its base on the outside wall of more than eight feet will have its
base area considered as part of the principal structure and will comply
with all setbacks and will be included in the square footage requirements
of that structure.
b.
Chimney construction material permitted will be of the following:
factory built units, masonry chimneys, or metal smoke stacks, all
of which may be covered with wood or synthetic siding conforming to
fire code requirements and dimensions. Chimney will have covered cleancuts
installed in the base to enable ash pits to be cleaned.
c.
The height of the chimney shall be measured from the center point
of the front setback line at natural elevation to the top of the cap.
Chimney height will project vertically a minimum of two feet, but
not more than four feet, above the highest covered point on the roof
it adjoins from which it protrudes. Vent systems and flues will be
installed so as to rise not more than one foot above the top surface
of the chimney. Flues and vents exhausting smoke, sparks or gases
generated by furnaces or heating units will be capped by a precipitation
or animal guard covered on each side by heavy duty metal mesh. The
cap will be included in the height consideration.
[Ord. #855, § 4-3]
All principal buildings in all districts shall be clearly identified
with a house number, legible and clearly visible from the abutting
street.
[Ord. #855, § 4-4]
Except as otherwise provided herein, it shall be unlawful to relocate, erect, construct, reconstruct, enlarge, structurally alter, or use any building, structure, or land, except in conformity with the regulations of the district in which such building or structure is located or in accordance with subsection 17-6.1 or 17-6.2. (See also subsection 17-5.12, Nonconforming Uses, Structures or Lots.)
[Ord. #855, § 4-5]
Except as hereinafter specified, any use, building or structure, lawfully existing at the time of the enactment of this and all prior Zoning Ordinances may be continued even though such use, building, or structure may not conform with the provisions thereof for the district in which it is located. (See subsection 17-5.12, Nonconforming Uses, Structures or Lots).
[Ord. #855, § 4-6]
The conversion of any existing nonresidential building in a
residential district to a dwelling shall be encouraged provided such
conversion shall conform with all the provisions of this chapter.
[Ord. #855, § 4-7; Ord. #892 § 2; Ord. No. 02-2016 § 3]
a.
Structural fences or line walls may be erected, altered or reconstructed
to a height not to exceed three feet above ground level when located
within the area bounded by the front building line as established
by this chapter and the front lot line for the full width of the lot.
In the case of a corner lot, except for fences that must meet all
governmental requirements for swimming pools, the height limitation
of three feet shall extend to the side yard area adjacent to the side
street bounded by the side building line, and the side lot line for
the full depth of the lot.
Structural fences or line walls may be erected, altered, or
reconstructed to a height not to exceed four feet above ground level
when located in any portion of a lot other than the areas described
above.
b.
For the purposes of a fenced patio and/or pool, structural fences
may be erected, altered, or reconstructed to a height not to exceed
six feet above ground level when located within that portion of the
rear yard bounded by the side lines of the building or structure as
extended to a point five feet from the rear property line and a line
parallel to the rear property line distant five feet therefrom.
c.
In the case of a corner lot, and for the purposes of a fenced patio
and/or pool, structural fences may be erected, altered, or reconstructed
to a height not to exceed six feet above the ground level when located
in either the rear yard or the lot or the side yard thereof having
but one street frontage. In either case, however, the location of
the structural fence shall be confined to that area bounded by the
side lines of the building or structure as extended to a point five
feet from the rear or side property line and a line parallel thereto
and five feet distant therefrom.
d.
The foregoing restrictions shall not be applied to prevent the erection,
alteration, or reconstruction of structural fences or line walls to
a height not exceeding five feet above ground level located on any
side or area lines of a lot abutting a public park.
e.
The owner of any residential use abutting a commercial use may construct
a six foot fence of solid construction, to shield the residential
use along the common property line adjoining such commercial use as
follows:
1.
Along the entire common rear property line; and/or
2.
Along the common side property line from a point even with the front
building line of the principal residential structure, back to the
rear property line of the residential structure. A residential property
running from one street back to another street, shall be deemed, for
the purpose of this subsection, to have two front yards and no rear
yard, so that the six foot solid fence permitted hereby may only run
the length of the building setback envelope from a point even therewith
along the common side property line.
f.
The following materials are prohibited in the construction of any
structural fences or line walls permitted by this chapter: barbed
wire, corrugated metal, expended metal, broken glass, spikes, sharp
pointed stones, sharp pointed metal of any description, electrified
wire.
g.
The placement of any signs, words, lettering or posters other than
initials, names, and/or addresses of the resident are prohibited on
any structural fences or line wall(s) permitted in this chapter.
h.
All fences shall be constructed so that the finished side of the
fence shall face the exterior property lines.
i.
Decks, patios, colonnades, arbors and similar structures without
roofs may be attached or detached from buildings. These structures
shall not be permitted in the front or side yards. The minimum distance
from the side lot line shall be five feet and from the rear lot line
shall be three feet. In the case of a corner lot abutting on two streets,
there shall be no invasion of yards adjacent to either street. Unless
specifically permitted elsewhere in this chapter, no structure of
any kind may be placed within the defined setback and side yard areas.
[Ord. #855, § 4-8]
a.
Except as otherwise provided herein, the lawful use of land or structures
prior to the effective date of this chapter[1] and all prior Zoning Ordinances of the Borough of Sea Girt may be continued although such use does not conform to the regulations set forth therein for the zone in which such land or structure is located; provided, however, that no such building, land or structures, shall be enlarged, extended, constructed, reconstructed, substituted, relocated, erected, converted to another use, or structurally altered, except in conformity with the regulations of this chapter for the district in which such land or structure is located except as allowed in Section 17-6, Exceptions and Modifications.
[1]
Editor's Note: Adopted by Ordinance No. 579 on May 12, 1987.
b.
Abandonment. A nonconforming use which has become conforming or has
been abandoned may not be resumed.
c.
Restoration of Nonconforming Structure. If any nonconforming structure
shall be destroyed or damaged by reason of windstorm, fire, explosion,
or other act of God, or by the intentional destruction of such nonconforming
structure by way of demolition, reconstruction, or otherwise by its
owner, or by one working under the authority of, or on behalf of its
owner, the nonconforming structure may be rebuilt, reconstructed,
or otherwise restored, if such destruction affects less than 50% of
the cubic footage of the structure as it existed before such destruction
occurred.
If the destruction to any nonconforming structure is 50% or
more of the cubic footage of the structure as it existed before such
destruction, then the entire structure shall only be rebuilt, reconstructed,
or otherwise restored in conformance with the municipal zoning ordinances
so that the structure shall no longer be nonconforming. Nothing in
this section shall prevent the strengthening or restoring to a safe
condition of any wall, floor, or roof, which has been declared unsafe
by the Construction Official.
When any building being utilized for a nonconforming use is
destroyed or damaged by any reason or cause so that such destruction
affects 50% or more of the cubic footage of such building, such nonconforming
use may not be resumed and the nonconforming use shall be deemed terminated.
The Borough Zoning Officer shall determine the extent of destruction
upon the owner's application for a Building Permit or upon Zoning
Officer's own inspection.
[Ord. #855, § 4-9]
All uses, whether permitted or granted by variance, shall comply
with the provisions of this section.
a.
Landscaping. Screen planting of a dense evergreen material shall be provided in any location where lights from vehicles in an off-street parking area designed for five or more vehicles may shine directly into windows of adjacent residential buildings. The height of such screen planting shall conform with the provisions of subsection 17-5.11.
b.
Lighting. Any lighting used to illuminate an off-street parking area
shall be arranged so that the light is directed or reflected away
from any residential premises and public streets.
c.
Setbacks. Parking areas for more than five vehicles shall be separated
from the street right-of-way or other property line by a setback of
sufficient distance to prevent any part of a vehicle from overhanging
the street right-of-way, property line, or internal sidewalks. No
parking area shall be an extension of a street right-of-way.
d.
Surfacing and Curbing.
1.
All driveways and off-street parking space shall be surfaced with
an asphalt or concrete material so as to be hard surfaced, susceptible
to effective drainage and dust free in accordance with the street
specifications of Land Subdivision, Chapter XVI.
2.
All off-street parking space, with the exception of single-family
residences, shall have curbing or concrete or Belgian Block set in
concrete to prevent vehicles from driving on required landscaped areas
and street right-of-way to insure that such parking area has controlled
entrances and exits.
3.
All off-street parking areas designed for five or more vehicles shall
have adequate designations to indicate traffic flow and parking spaces.
4.
Location of Parking. An off-street parking area for five or more
vehicles may occupy front, side, and rear yard areas. Nothing shall
prohibit driveways of one family dwellings from being considered as
one off-street parking space per family.
5.
Type of Facility. Parking spaces for commercial vehicles may be located
either on the surface of the ground or within the commercial building.
6.
Requirements to Be Met at Time of Construction. All minimum requirements
for off-street parking shall be met at the time of erection or enlargement
of any principal dwelling or structure and shall provide separate
provisions for adequate ingress and egress.
7.
The parking space provisions shall also include adequate driveway
and necessary turning areas for maneuvering the number of vehicles
for which provision is made. Aisles providing access to all parking
spaces shall be required and shall be at least 25 feet wide.
[Ord. #855, § 4-10]
Nothing in this chapter shall require any change in the plans,
construction, size, or designated use of any building, structure,
or part thereof for which any building permit has been granted before
the enactment of this chapter, provided that construction, based upon
plans, shall have commenced within 60 days of enactment of this chapter
and shall be diligently pursued to completion within the time limits
as prescribed by the Construction Code.
[Ord. #855, § 4-11]
[Ord. #579, A V, § 12]
No open space provided around any principal building for the
purposes of complying with the front, side, rear or other yard provisions
of this chapter shall be considered as providing open space for meeting
the same requirements for another principal building.
[Ord. #579, A V, § 13]
a.
No service station shall have an entrance or exit for vehicles within
200 feet, on the same side of the street, from a school building,
public playground, church, public building or institution except where
such property is on another street which the lot in question does
not abut. No service station shall be located on property the nearest
boundary of which would be within 1,000 feet of property upon which
another station is already located. The distance shall be measured
on a straight line from the nearest property line of one to the nearest
property line of the other.
b.
No service station oil draining pit or other structure or appliance
(other than gas and air pumps) shall be located within 20 feet of
any street line or within 50 feet of any residential district, unless
such appliance or pit is within a building. Gasoline pumps and air
pumps within the required front yard space shall be no closer than
15 feet to the front line.
c.
No unregistered or junked motor vehicle or part thereof, scrap metal
or motor vehicle incapable of normal operation upon the highways shall
be permitted on the premises of any service station. It shall be deemed
prima facie evidence of violation of this chapter if more than three
motor vehicles are located for a period of 24 hours upon any premises
not within a closed and roofed building.
[Ord. #579, A V, § 14]
All uses, whether by variance or as a permitted use, shall comply with the provisions of this subsection. Signs shall be attached to buildings or, if free-standing, the setback shall be at least 10 feet and sufficient so as not to interfere with the public right-of-way. No sign of any type shall be permitted to obstruct driving vision, traffic signals and signs, and other places of business. See Schedule of Limitations included as an attachment to this chapter.
a.
Animated or Illusionary Signs. Signs using mechanical or electrical
devices to display movement or the illusion of movement are prohibited.
b.
Flashing Signs. Signs with flashing, rotating or otherwise animated
lights are prohibited.
c.
Illuminated Signs. Where permitted, illuminated signs shall be so
arranged as to reflect the light and glare away from adjoining premises
in any residential district or adjoining highway and shall not constitute
a nuisance. Illuminated signs shall comply with all Federal and State
Codes.
d.
Installation and Maintenance. Signs, together with all supports,
braces, guys and anchors, shall be constructed of durable materials
and maintained in good condition.
e.
Professional Signs. Where permitted, professional signs shall not
exceed two square feet in area per side except that a church, school
or other public or institutional building may have for its own use
an announcement sign or bulletin board not over 12 square feet in
area which, if not attached to the building, shall be at least 12
feet from all street lines.
f.
Real Estate Signs. Real estate signs advertising the sale, rental
or lease of the premises or portion thereof shall be set back at least
20 feet from all street lines and shall not exceed six square feet
in area.
g.
Removal of Signs. Signs shall be removed by the advertiser within
30 days after completion or termination of the purpose for which they
were erected.
h.
View. Signs and structures of all types shall be positioned to allow
a clear, unobstructed view from street intersection stop lines and
driveway and street intersections for a distance of 600 feet to the
right and left.
i.
Sign Area. The area of a framed sign shall be measured from the outward
edges of the frame. The area of a sign that is not framed shall be
measured from its outward edges. Signs with two exposures shall be
measured for area by using the surface dimensions of both sides of
the sign.
[Ord. #579, A V § 15; Ord. #755 § 12;
Ord. #23-2013; Ord. No. 02-2014; Ord. No. 18-2015]
a.
SWIMMING POOL
Definition: For purposes of this subsection, the following definition
shall prevail:
Shall mean any pool artificially constructed, any part of
which is more than 18 inches in depth designed, used, and maintained
for swimming and bathing purposes by an individual for use by members
of his or her household and guests located on a lot as an accessory
use to a conforming use, as now, or hereafter zoned.
b.
Regulations.
1.
It shall be unlawful to establish or construct or use a swimming
pool within the Borough of Sea Girt without first obtaining a permit
from the Zoning Officer and Construction Official in the manner hereinafter
prescribed.
2.
Permits. An application for a permit to construct a swimming pool
shall be accompanied by four sets of plans which shall adhere the
following:
(a)
A grading and drainage plan shall be submitted with the permit
application which plan shall include:
(1)
A full depth soil boring to the seasonal high groundwater table
as prepared by a fully licensed professional engineer.
(2)
Location of existing and proposed grades.
(3)
Groundwater conditions.
(4)
Dimensions and location of the proposed pool, including setback
requirements as per the Borough's ordinance.
(5)
Direction of run-off.
(6)
Direction of discharge from pool equipment.
(7)
Location of mechanical equipment.
(8)
Location and height of pool enclosure fencing with self- closing
and self-latching gates.
3.
All swimming pools shall be located in the rear yard area of the
property.
4.
Pools shall occupy no more than 800 square feet as measured along
the surface of the water.
5.
Bottom elevation of the pool structure shall not be less than two
feet above the seasonal high groundwater elevation, as defined by
January 1 through April 1 of each year.
6.
No portion of a swimming pool shall be closer than 10 feet to a property's
building line or any structure located on the premises.
7.
Where a pool will be constructed on a corner lot, no swimming pool
shall be located closer to the side street property line than the
setback requirement for that particular street in accordance with
the Borough's ordinance regarding same.
8.
Swimming pools may be constructed with underwater lighting systems
or exterior lights or both, provided that all exterior lights are
located so that the light is directed or shaded in such a manner that
no direct rays of light therefrom fall more than three feet upon any
adjacent lots, and such light is neither directed nor reflected in
such way as to cause a nuisance or annoyance to neighboring properties.
All swimming pool lighting shall be in conformance with State Electrical
Codes.
9.
Swimming pools shall be completely surrounded by protective fencing
with a minimum of four feet in height, but no more than six feet in
height, which fencing shall include self-closing and self-latching
gates. If pool fencing exceeds four feet in height, it shall be set
back from the rear lot line at least five feet, and bounded by the
side building lines. Such fences shall be suitably landscaped to minimize
the visual impact on adjacent residential uses.
10.
No sound amplifying systems shall be permitted in connection with
a swimming pool.
11.
Discharge System. No swimming pool shall be drained into or cause
to be overflowed into the municipal sanitary sewer system or into
the public streets of the municipality. No pool's filter system shall
be connected in any manner with the municipal sanitary sewer system.
12.
Swimming pools shall be constructed with an adequate system for surface
disposal by absorption upon the property of the owner, without drainage
onto any adjoining property. No such system shall be permitted to
allow drainage to pump back into the ground by a system through lines
other than the source of supply, or connected with the storm sewer
system, if an underground system must be constructed on site to control
runoff.
13.
No swimming pool shall be constructed except as an accessory use
to a dwelling on the same lot. The vertical walls of the pool shall
not be nearer to any street than that which is permitted by the relevant
setback requirements as per the Borough's ordinance. No swimming pool
shall be constructed within 10 feet of any rear or side property lot
line or any existing structure. No pool shall be constructed at an
elevation greater than 12 inches higher than the unaltered existing
ground elevation.
14.
No pool fence shall remain open, unlocked or unlatched, except when
said pool is in use.
15.
No pool shall remain with water therein or without an adequate and
safe cover for a period in excess of 30 days, unless the dwelling
house, to which it is an accessory use, is occupied.
16.
Construction activities shall be undertaken in accord with all governmental
agencies including, but not limited to, the regulatory requirements
of the Freehold Soil Conservation District which include, but are
not limited to, the following: Stone Tracking Pad; Perimeter Silt
Fence; Hay Bale Inlet Protection; Zero Silt Runoff from Residential
Property; No Off-Site Discharge of Construction Dewatering Activities.
17.
No Certificate of Occupancy shall be issued by the Construction Officer
until endorsed by the Zoning Officer certifying that the completed
construction and development complies with the requirements of this
chapter. Prior to such endorsement, the Zoning Officer shall have
been provided by the owner at the time of inspection, three raised
seal "As Built" surveys. These surveys shall clearly show all work
done and the Zoning Officer at his discretion may require additional
surveys.
c.
Exemption. Nothing herein shall be construed to allow the construction
of a swimming pool for public use within the Borough of Sea Girt.
d.
Enforcement.
1.
Every private swimming pool constructed, installed, and maintained
in the Borough shall, at all times comply with any and all governmental
regulations including, but not limited to, all State and local Health
Codes. Any nuisance or hazard to health that may exist or develop
in or in consequence of or in connection with any such private swimming
pool shall be forthwith abated and removed by the owner, lessees or
occupant of the premises on which the pool is located, upon receipt
of notice from the Code Enforcement Officer of the Borough.
2.
It shall be the duty of the Code Enforcement Officer to enforce the
provisions of this subsection. All complaints shall be filed with
the Code Enforcement Officer.
3.
The owner of any swimming pool within the Borough shall allow the
Code Enforcement Officer, Construction Official or other authorized
municipal official access to any swimming pool and appurtenances thereto
for the purpose of inspection to ascertain compliance with this subsection
and all other pertinent Borough ordinances, at all reasonable times.
[Ord. #632, § 1]
a.
Materials designated in the Sea Girt Recycling Ordinances shall be
separated from other solid waste by the generator and a storage area
for recyclable material shall be provided as follows:
1.
For each subdivision application for 50 or more single-family units,
the applicant shall provide a storage area of at least 12 square feet
within each dwelling unit to accommodate a four week accumulation
of mandated recyclables (including but not limited to: newspaper,
glass bottles, aluminum cans, tin and bi-metal cans). The storage
area may be located in the laundry room, garage, basement or kitchen.
2.
For each subdivision application for 25 or more multi- family units,
the applicant shall provide a storage area of at least three square
feet within each dwelling unit to accommodate a one week accumulation
of mandated recyclables (including but not limited to: newspaper,
glass bottles, aluminum cans, tin and bi-metal cans). The storage
area may be located in the laundry room, garage, or kitchen. Unless
recyclables are collected on a weekly basis from each dwelling unit,
one or more common storage areas must be provided at convenient locations
within the development.
3.
For each site plan application for commercial and industrial developments
that utilize 1,000 square feet or more of land, the applicant shall
provide the Municipal Agency with estimates of the quantity of mandated
recyclable materials (including but not limited to: newspaper, glass
bottles, aluminum cans, tin and bi-metal cans, high grade paper, and
corrugated cardboard) that will be generated by the development during
each week. A separate storage area must be provided to accommodate
a one to four week accumulation of recyclable material. The Municipal
Agency may require the location of one or more common storage areas
at convenient locations within the development.
[Ord. #22-2013]
a.
PORTABLE STORAGE UNIT
Definition: For purposes of this subsection, the following definition
shall prevail:
Shall mean any box-like container transported by truck or
trailer to a desired location for drop off with a storage capacity
of more than 1,024 cubic feet. A commonly accepted name for storage
units of this type is "PODS®," an acronym
for portable on-demand storage.
b.
Regulation of Portable Storage Units; Permit Required.
1.
The maximum allowable size for a portable storage unit in a residential
district shall be eight feet in height by eight feet in width by 16
feet in length.
2.
Not more than one portable storage unit shall be permitted and said
storage unit must be located on a paved surface.
3.
The placement of any portable storage unit must comply with the side
and rear lot set back line requirements in accordance with the applicable
Borough ordinance and shall be placed no closer than five feet from
any property line.
4.
A portable storage unit may be utilized on site for a period not
to exceed 15 days in any 365-day-period.
5.
A valid permit from the Borough Clerk's Office is required.
6.
All portable storage units shall be kept locked when not in use.
7.
In the event of storm warnings, portable storage units must be removed
from the premises immediately.
8.
It shall be the responsibility of the property owner to maintain
the portable storage unit and keep the unit clean, safe, and free
of graffiti.
c.
Exceptions; Permits.
1.
Extension of time. The Borough's Code Enforcement Office may grant
one fifteen-day extension permit for the placement of a portable storage
unit in a residential district beyond 15 days, provided that the property
owner has demonstrated that extenuating circumstances exist to justify
such an extension. Such determination shall be made in the discretion
of the Code Enforcement Officer. Extenuating circumstances shall include,
but are not limited to, natural disasters, fire damage or any such
circumstances beyond the control of the property owner.
2.
Validity. Permits under this subsection shall be valid for the period
specified on the permit from the date of issuance to the specific
name and approved location only.
3.
Fee Requirements. All initial applications for permits and requests
for extension of permits shall be accompanied by the appropriate fee
as set forth in paragraph d.
4.
Prohibitions.
(a)
Portable storage units shall not be allowed to be placed or
unloaded on any Borough street or right-of-way under any circumstances.
(b)
Placement of storage units on Borough streets and roadways is
prohibited.
(c)
No storage of living (or deceased) creatures of any kind.
(d)
No hazardous materials, firearms, illegal substances, construction
and/or demolition debris, business inventory, commercial goods.
d.
Fee Schedule.
Issuance: $25.
Extension beyond thirty-day permit: $25.
e.
Violations and Penalties. Any person who shall violate any of the provisions of this subsection shall, upon conviction, be subject to a fine of no less than $100 per violation, in accordance with the penalties as provided in Chapter I, Section 1-5 entitled "General Penalty." Each day of violation shall constitute a separate offense.
f.
All provisions of this subsection shall apply to all existing portable
storage units within the Borough of Sea Girt.
[Ord. No. 06-2017 § 4]
a.
CONSTRUCTION MATERIAL
DUMPSTER
Definition: For purposes of this section, the following definition
shall prevail:
Any material that is used in the construction of a structure
and its accessories.
Any container that has the ability to hold more than two
fifty-gallon trash cans of debris or any container used for the purpose
of holding construction debris.
b.
Regulation of Placement of Dumpster; Permit Required. No person or
company shall park any container, commonly known as a "roll-off dumpster:
or "roll-off container" for the collection of trash, debris or construction
material waste on or along a Borough roadway, private or public property,
without having obtained a permit from the Code Enforcement Officer
or his designee and paid the required fee.
1.
Not more than one dumpster at any one time shall be permitted upon
any construction site within the Borough of Sea Girt.
2.
When placed upon a construction site, the placement of any dumpster
must comply with the side and rear lot set back line requirements
in accordance with the applicable Borough Ordinance and shall be placed
no closer than five feet from any property line.
3.
When it is necessary to place a dumpster upon Borough streets, prior
permission must be obtained at least five working days in advance
before placement of the container to allow inspection of site on the
roadway by the Code Enforcement Officer or his designee and the Police
Department. In addition, a suitable matting or cover shall be placed
upon the surface of the roadway underneath said dumpster or container
to minimize damage. Under no circumstances shall a dumpster or container
be placed directly on the asphalt surface of the roadway.
4.
Any person given permission to place a dumpster or container on the
roadway shall deposit a maintenance bond in the form of a certified
or cashier's check in the amount of $1,000 with the Borough. The Zoning
Official, after consultation with the Police Department and the Department
of Public Works, will then determine if the placement of said dumpster
has caused any damage to the roadway. The cost of the repair will
be deducted from the maintenance bond, and if it exceeds said amount,
the permit holder will be responsible for the excess.
5.
A dumpster or container placed on a Borough street may remain in
the approved location for not more than 48 consecutive hours.
6.
A valid permit from the Code Enforcement Officer is required.
7.
All debris placed in the dumpster shall be contained below the top
rim of said dumpster.
8.
All dumpsters shall be kept covered in compliance with stormwater
regulations adopted by the State of New Jersey, County of Monmouth
or the Borough of Sea Girt.
9.
In the event of storm warnings and upon notification by the Borough
of Sea Girt Police Department, dumpsters must be removed from the
premises immediately.
10.
It shall be the responsibility of the property owner to maintain
the dumpster and keep the unit clean, safe, and free of graffiti.
c.
Markers and Warning Devices.
To warn the operators of vehicles of the presence of any roll-off
dumpster or roll-off container parked on or adjacent to any roadway,
dumpsters or containers shall be equipped with and display markers
consisting of all red and yellow reflective diamond- shaped panels
having a minimum size of 18 inches by 19 inches. These panels shall
be mounted at the edge of the dumpster or container at both ends nearest
the path of passing vehicles and facing the direction of oncoming
traffic. These markers shall have a minimum mounting height of three
feet from the bottom of the panels to the surface of the roadway.
In addition, traffic cones will be placed around the container. Additionally,
each dumpster or container will be marked with reflective tape, at
least six square inches in size, located along the top of each side
and between 36 and 48 inches above the bottom of the dumpster on each
corner of the dumpster.
d.
Container Identification.
Containers must be properly labeled with the name, address and
telephone number of the company supplying the container.
e.
Exceptions; Permits.
f.
Fee Schedule.
Issuance: $100.
h.
Failure to Remove; Removal by Borough; Cost to Be Lien.
1.
If the dumpster or other container for the collection of trash, debris
or construction material waste is not removed from private property
within 10 days of the completion of the project, the Code Enforcement
Official shall notify the owner that he has 10 days in which to have
the dumpster removed from the premises. In the event the owner fails
to comply and the dumpster or container is not removed, it shall be
deemed to have been abandoned and the Code Enforcement Official may
arrange for its removal and the disposal of the contents of the abandoned
dumpster or other container for the collection of trash, debris or
construction material waste. Any trash, debris or construction material
in the dumpster shall be presumed to have been from the subject property.
The costs associated with removal of the dumpster and the disposal
of its contents shall be a municipal lien against the property. A
detailed statement of the aforesaid costs shall be certified by the
Code Enforcement Official and forwarded to the Borough Council who
shall examine the certificate and, if found correct, shall cause the
same to be filed with the Tax Collector of the Borough and a copy
of the detailed statement shall be immediately forwarded to the property
owner by registered mail. This amount shall be charged against the
land and shall forthwith become a lien upon the land and shall be
added to and become and form part of the taxes next to be assessed
and levied upon the land and to bear interest at the same rate as
taxes and be collected and enforced by the same officers and in the
same manner as taxes, all as provided by the provisions of the statutes
of the State of New Jersey in such case made and provided.
2.
In the case of a dumpster or container placed upon a roadway is not
removed at the expiration of the permit, the maintenance bond shall
be forfeited and become the property of the Borough of Sea Girt.
[Added 3-13-2024 by Ord. No. 02-2024]
a.
Background. This subsection is required by the implementation of
the Settlement Agreement with Fair Share Housing Center in the matter
captioned In the Matter of the Application of the Borough of Sea Girt,
Superior Court of New Jersey, Law Division-Monmouth County, Docket
No. L-2312-2020.
b.
Affordable Housing Set-Aside. A mandatory 20% on-site affordable
housing set-aside requirement shall apply beginning with the effective
date of this subsection[1] to any residential development, including the residential
portion of a mixed-use project, which consists of five or more new
residential units at six units per acre or higher, or equivalent,
which results, in whole or in part, from: (i) a municipal rezoning
or zoning amendment adopted after the effective date of this subsection;
(ii) any variance pursuant to N.J.S.A. 40:55D-70(d), including but
not limited to any use variance or a density variance increasing the
permissible density; and (iii) the adoption of a new or amended redevelopment
plan or rehabilitation plan.
[1]
Editor's Note: This subsection was adopted March 13,
2024, by Ord. No. 02-2024.
c.
Other Terms Applicable. The following terms shall apply to any residential
development subject to the mandatory affordable housing set-aside:
1.
All subdivision and site plan approvals of qualifying developments
shall be conditioned upon compliance with the provisions of the mandatory
affordable housing set-aside.
2.
No subdivision shall be permitted or approved for the purpose of
avoiding compliance with the mandatory affordable housing set-aside.
A developer may not, for example, subdivide a project into two lots
and then plan each of them to produce a number of units below the
threshold. The approving authority may impose any reasonable conditions
to ensure such compliance.
3.
In the event the number of affordable housing units to be provided
includes a fraction, the number shall be rounded up if the fractional
amount is 0.5 or greater and rounded down if the fractional amount
is less than 0.5. For inclusionary projects, the developer shall provide
a payment in lieu of constructing affordable units for the fraction
of a unit less than 0.5. The payment in lieu shall be based on the
amounts established in N.J.A.C. 5:97-6.4(c).
4.
All affordable units created shall fully comply with the Uniform
Housing Affordability Controls, N.J.A.C. 5:80-26.1, et seq. ("UHAC"),
including but not limited to the required bedroom and income distribution,
with the sole exception that at least 13% of the affordable units
shall be required to be restricted for very-low-income households
earning 30% or less of the median income pursuant to the Fair Housing
Act, N.J.S.A. 52:27D-301, et seq. ("FHA").
5.
At least 50% of the affordable units within each bedroom distribution
shall be affordable to low-income households, inclusive of the at
least 13% of units affordable to very-low-income households.
6.
The very-low-income affordable units shall be proportionately distributed
within each bedroom distribution. In a family non-age-restricted development,
at no time shall the number of efficiency/one-bedroom very-low-income
units exceed the number of three-bedroom very-low-income units.
7.
Affordable units shall be integrated with the market-rate units on-site,
and the affordable units shall not be concentrated in separate building(s)
or in separate area(s) or floor(s) from the market-rate units. In
buildings with multiple dwelling units, this shall mean that the affordable
units shall be generally distributed within each building with market-rate
units. The affordable units shall also be of the same type as the
market-rate units (e.g., if the market-rate units are non-age-restricted
family units, the affordable units shall be non-age-restricted family
units as well). The residents of the affordable units shall have full
and equal access to all of the amenities, common areas, and recreation
areas and facilities as the residents of the market-rate units.
8.
Affordable units shall be subject to affordability controls of at
least 30 years from the date of initial occupancy and affordable deed
restrictions as otherwise provided for by UHAC, with the sole exception
that very low income shall be defined as at or below 30% of median
income pursuant to the Fair Housing Act, and the affordability controls
shall remain unless and until the municipality, in its sole discretion,
takes action to extend or release the unit from such controls after
at least 30 years. In the event the municipality chooses to release
the controls on rental affordable units after at least 30, the controls
shall remain in effect until the voluntary departure of the occupant
household in accordance with N.J.A.C. 5:80-26.11(b).
9.
Construction of the affordable and market units shall be phased in
compliance with N.J.A.C. 5:93-5.6(d).
10.
Affordable units shall be affirmatively marketed in accordance
with UHAC and applicable law. The affirmative marketing shall include
posting of all affordable units on the New Jersey Housing Resource
Center website in accordance with applicable law.
11.
The mandatory affordable housing set-aside shall not give any
developer the right to any rezoning, variance, redevelopment designation
or redevelopment or rehabilitation plan approval, or any other such
relief, or establish any obligation on the part of the municipality
to grant such rezoning, variance, redevelopment designation, redevelopment
or rehabilitation plan approval, or other such or further relief.
12.
No developer may make a payment in lieu of constructing affordable
units on site, except for fractional units as noted in paragraph 3,
above.
13.
Nothing in this subsection precludes the Borough of Sea Girt
from imposing an affordable housing set-aside in accordance with applicable
law in a development not required to have a set-aside pursuant to
this subsection in accordance with N.J.S.A. 52:27D-311(h) and applicable
law.
[Added 3-13-2024 by Ord. No. 04-2024]
a.
Purpose. The purpose of this subsection is to establish an Affordable
Housing Overlay Zoning Ordinance that imposes an overlay zone over
specific areas of the Borough. Given the built-out nature of the Borough,
an effective affordable housing overlay zone will produce affordable
units when suitable opportunities become available through redevelopment
or other planning mechanisms. This subsection will ensure that residential
affordable housing developments accompany major development on tax
lots included in the overlay zone. The specific areas included are
the portions of the Borough that is able to realistically accommodate
affordable housing development, which are in proximity to public transit
and the Borough's main mixed-use commercial thoroughfares.
1.
The subsection includes parcels fronting Washington Street for both
the 2 East and 2 West Zoning Districts as delineated in the Settlement
Agreement with Fair Share Housing Center. The list of specific tax
lots are identified as follows:
(a)
Block 76 Lot 1; Block 76 Lot 2; Block 76 Lot 3; Block 76 Lot
4; Block 76 Lot 6; Block 76 Lot 7; Block 76 Lot 8; Block 76 Lot 9;
Block 76 Lot 10; Block 77 Lot 4; Block 77 Lot 5; Block 77 Lot 6; Block
77 Lot 7.01; Block 77 Lot 7.02; Block 77 Lot 7.03; Block 77 Lot 7.04;
Block 77 Lot 7.05; Block 77 Lot 7.06; Block 77 Lot 7.07; Block 77
Lot 7.08; Block 77 Lot 7.09; Block 77 Lot 7.10; Block 77 Lot 7.11;
Block 77 Lot 7.12; Block 77 Lot 7.13; Block 77 Lot 7.14; Block 77
Lot 7.15; Block 77 Lot 7.16; Block 77 Lot 7.17; Block 77 Lot 7.18;
Block 77 Lot 7.19; Block 77 Lot 7.20; Block 77 Lot 8; Block 77 Lot
9; Block 77 Lot 10; Block 77 Lot 11; Block 77 Lot 12; Block 77 Lot
13; Block 77 Lot 14; Block 77 Lot 15; Block 77 Lot 16; Block 77 Lot
17; Block 92 Lot 1; Block 92 Lot 2; Block 92 Lot 3; Block 105 Lot
1; Block 105 Lot 20; Block 105 Lot 21; Block 105 Lot 22.
2.
The affordable housing overlay zone will regulate said developments
through bulk and design standards. However, the Borough's underlying
zoning will still be in effect. This will allow affordable housing
to be approved under local ordinance and regulations without detriment
to the existing Borough zoning plan and ordinance. This creates a
realistic opportunity to provide for the development of affordable
housing in accordance with the Fair Housing Act (N.J.S.A. 52-27D-301),
New Jersey Council on Affordable Housing ("COAH") prior round regulations,
and the Housing Element and Fair Share Plan prepared by the Borough
to address its Third-Round affordable housing obligation.
b.
Affordable Housing Overlay Zoning Provisions.
1.
Purpose. The purpose of the Affordable Housing Overlay Zone is to
provide an opportunity to develop affordable housing to meet present
and prospective housing needs, with particular attention to low- and
moderate-income housing, in conformance with the requirements of the
Court, the Fair Housing Act, and the Housing Element and Fair Share
Plan of Sea Girt. Permitted and conditional uses within the designated
Overlay Zone shall include all permitted and conditional uses in the
underlying zoning district in which the Overlay Zone is located and
allow for affordable housing development within the provisions of
this subsection.
2.
Affordable Housing Overlay Zone. Tax lots with frontage on Washington
Street within the Borough of Sea Girt shall be included in the overlay
zone and allow for affordable housing development with no affect to
any existing zoning district regulations or standards. A map is attached
to this subsection that delineates the overlay zone.[1]
[1]
Editor's Note: The map is on file in the Borough offices.
3.
Principal Permitted Uses.
(a)
All uses permitted within the underlying zoning district in
which the overlay zone is located.
(b)
Affordable housing development as defined in subsection 17-5.26.4.3 of the Affordable Housing Ordinance of the Borough Code as for sale or rental housing which may include the following uses:
(1)
Mixed Use Buildings that include commercial, restaurant, retail
or office space on the ground floor and residential development on
the second and third floors.
(c)
Permitted Accessory Uses. Uses that are customary and incidental
to multi-family housing, including, but not limited to:
(d)
Bulk Regulations. Pursuant to this subsection for purposes of
this subsection, Seventh Avenue (Route 71) shall be considered the
front yard and any intersecting street shall be considered the side
yard.
(1)
Minimum Lot Frontage (feet): 50.
(2)
Minimum Lot Depth (feet): 150.
(3)
Minimum Front Yard Setback (feet): 10.
(4)
Minimum Side Yard Setback: six.
(5)
Minimum Rear Yard Setback (feet): 20.
(6)
Maximum Height (stories/feet): 3/45.
(7)
Maximum Building Coverage (percent): 40%.
(8)
Maximum Improved Lot Coverage (percent): 85%.
(e)
Projections from buildings, such as, but not limited to balconies,
patios, chimneys and windows may extend into the building set-back
provided they shall be set-back a minimum of five feet from all property
lines.
(f)
All property lines abutting a residential use shall provide
a ten-foot landscaped buffer. Said buffer shall not be in addition
to the required setback.
(g)
Area, Yard and Bulk Requirements for Accessory Structures (including
parking) and Uses. Pursuant to this subsection, Washington Boulevard
is the front yard and Fifth Avenue is a side yard. No accessory structures
shall be permitted in the front yard set-back.
4.
Affordable Housing Requirement. A 20% set-aside with a minimum of
one unit. All affordable housing developments shall conform to the
standards found in the Borough of Sea Girt's Affordable Housing
Ordinance including provisions for affordability, very-low-income
units, and UHAC standards.
[Added 3-13-2024 by Ord. No. 03-2024]
a.
Purpose. The purpose of this subsection is to establish an Affordable
Housing Overlay Zoning Ordinance that places an overlay zone over
specific areas of the Borough. Given the built-out nature of the Borough,
an effective affordable housing overlay zone will produce affordable
units when suitable opportunities become available through redevelopment
or other planning mechanisms. This subsection would ensure that residential
affordable housing developments accompany major development on tax
lots included in the overlay zone. The specific areas included are
the portions of the Borough that can realistically accommodate affordable
housing development, which are in proximity to public transit and
the Borough's main mixed-use commercial thoroughfares.
2.
The affordable housing overlay zone will regulate developments on
these identified parcles through bulk and design standards. However,
the Borough's underlying zoning will still be in effect. This
will allow affordable housing to be approved under local ordinance
and regulations without detriment to the existing Borough zoning plan
and ordinance. This creates a realistic opportunity to provide for
the development of affordable housing in accordance with the Fair
Housing Act (N.J.S.A. 52-27D-301), New Jersey Council on Affordable
Housing ("COAH") prior round regulations, and the Housing Element
and Fair Share Plan prepared by the Borough to address its Third-Round
affordable housing obligation.
b.
Affordable Housing Overlay Zoning Provisions.
1.
Purpose. The purpose of the Affordable Housing Overlay Zone is to
provide an opportunity to develop affordable housing to meet present
and prospective housing needs, with particular attention to low- and
moderate-income housing, in conformance with the requirements of the
Court, the Fair Housing Act, and the Housing Element and Fair Share
Plan of Sea Girt. Permitted and conditional uses within the designated
Overlay Zone shall include all permitted and conditional uses in the
underlying zoning district in which the Overlay Zone is located and
allow for affordable housing development within the provisions of
this subsection.
3.
Principal Permitted Uses.
(a)
All uses permitted within the underlying zoning district in
which the overlay zone is located.
(b)
Affordable housing development for sale or rental housing may
include the following uses:
(1)
Mixed Use Buildings that include commercial, restaurant, retail
or office space on the ground floor and residential development on
the second and third floors.
(c)
Permitted Accessory Uses. Uses that are customary and incidental
to multi-family housing, including, but not limited to:
(d)
Bulk Regulations. Pursuant to this subsection for purposes of
this subsection, Seventh Avenue (Route 71) shall be considered the
front yard and any intersecting street shall be considered the side
yard.
(1)
Minimum Lot Frontage along Route 71 (feet): 50.
(2)
Minimum Lot Frontage along intersecting side street: 150.
(3)
Minimum Front Yard Setback (feet): 10.
(4)
Minimum Side Yard Setback: 10.
(5)
Minimum Rear Yard Setback (feet): 20.
(6)
Maximum Height (stories/feet): 3/45.
(7)
Maximum Building Coverage (percent): 40%.
(8)
Maximum Improved Lot Coverage (percent): 85%.
(e)
Projections from buildings, such as, but not limited to balconies,
patios, chimneys and windows may extend into the building set-back
provided they shall be set-back a minimum of five feet from all property
lines.
(f)
All property lines abutting a residential use shall provide
a ten-foot landscaped buffer. Said buffer shall not be in addition
to the required setback.
(g)
Area, Yard and Bulk Requirements for Accessory Structures (including
parking) and Uses. Pursuant to this subsection, Washington Boulevard
is the front yard and Fifth Avenue is a side yard. No accessory structures
shall be permitted in the front yard set-back.
4.
Affordable housing requirements. A 20% set-aside with a minimum of
one unit. All affordable housing developments shall conform to the
standards found in the Borough of Sea Girt's Affordable Housing
Ordinance including provisions for affordability, very-low-income
units, and UHAC standards.
[Added 3-13-2024 by Ord. No. 05-2024]
[Added 3-13-2024 by Ord.
No. 05-2024]
This subsection shall be known and may be cited as the "Affordable
Housing Ordinance of the Borough of Sea Girt".
[Added 3-13-2024 by Ord.
No. 05-2024]
a.
This subsection is intended to assure that low- and moderate-income
units ("affordable units") are created with controls on affordability
and that low- and moderate-income households shall occupy these units.
This subsection shall apply except where inconsistent with applicable
law.
b.
The Borough of Sea Girt Planning Board has adopted a Housing
Element and Fair Share Plan pursuant to the Municipal Land Use Law
at N.J.S.A. 40:55D-1, et seq. The Fair Share Plan has been adopted
by the Planning Board and endorsed by the Governing Body. The Fair
Share Plan describes how Sea Girt Borough shall address its fair share
for low- and moderate-income housing as documented in the Housing
Element and outlined in the terms of the settlement agreement between
the Borough and Fair Share Housing Center (FSHC).
c.
This subsection implements the Borough's Fair Share Plan,
addresses the requirements of the Court and the terms of the settlement
agreement.
d.
The Borough of Sea Girt shall track the status of the implementation
of the Housing Element and Fair Share Plan. Any plan evaluation report
of the Housing Element and Fair Share Plan shall be available to the
public at Borough Hall located on 556 Tinton Avenue, Sea Girt, NJ
07724.
[Added 3-13-2024 by Ord.
No. 05-2024]
The following terms when used in this subsection shall have
the meanings given in this subsection:
Means a self-contained residential dwelling unit with a kitchen,
sanitary facilities, sleeping quarters and a private entrance, which
is created within an existing home, or through the conversion of an
existing accessory structure on the same site, or by an addition to
an existing home or accessory building, or by the construction of
a new accessory structure on the same site.
Means the Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.)
Means constructed in compliance with the technical design
standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.
Means the entity responsible for the administration of affordable
units in accordance with this subsection, N.J.A.C. 5:96, N.J.A.C.
5:97 and N.J.A.C. 5:80-26.1 et seq.
Means a regional marketing strategy designed to attract buyers
and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
Means the average percentage of median income at which restricted
units in an affordable housing development are affordable to low-
and moderate-income households.
Means, a sales price or rent within the means of a low- or
moderate-income household as defined in N.J.A.C. 5:97-9; in the case
of an ownership unit, that the sales price for the unit conforms to
the standards set forth in N.J.A.C. 5:80-26.6, as may be amended and
supplemented, and, in the case of a rental unit, that the rent for
the unit conforms to the standards set forth in N.J.A.C. 5:80-26.12,
as may be amended and supplemented.
Means a housing development all or a portion of which consists
of restricted units.
Means a development included in the Housing Element and Fair
Share Plan, and includes, but is not limited to, an inclusionary development,
a municipal construction project or a 100% affordable development.
Means any mechanism in a municipal Fair Share Plan prepared
or implemented to address a municipality's fair share obligation.
Means a housing unit proposed or created pursuant to the
Act, credited pursuant to N.J.A.C. 5:97-4, and/or funded through an
affordable housing trust fund.
Means a housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
such that: (1) all the residents of the development where the unit
is situated are 62 years or older; or (2) at least 80% of the units
are occupied by one person that is 55 years or older; or (3) the development
has been designated by the Secretary of the U.S. Department of Housing
and Urban Development as "housing for older persons" as defined in
Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.
Means the New Jersey Housing and Mortgage Finance Agency
established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1, et seq.).
Means a facility licensed by the New Jersey Department of
Health and Senior Services to provide apartment-style housing and
congregate dining and to assure that assisted living services are
available when needed for four or more adult persons unrelated to
the proprietor and that offers units containing, at a minimum, one
unfurnished room, a private bathroom, a kitchenette and a lockable
door on the unit entrance.
Means a household that has been certified by an Administrative
Agent as a low- income household or moderate-income household.
Means the State of New Jersey Department of Community Affairs.
Means a housing unit with health and safety code violations
that require the repair or replacement of a major system. A major
system includes weatherization, roofing, plumbing (including wells),
heating, electricity, sanitary plumbing (including septic systems),
lead paint abatement and/or load bearing structural systems.
Means any person, partnership, association, company or corporation
that is the legal or beneficial owner or owners of a lot or any land
proposed to be included in a proposed development including the holder
of an option to contract or purchase, or other person having an enforceable
proprietary interest in such land.
Means the division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any use or change in the use of any
building or other structure, or of any mining, excavation or landfill,
and any use or change in the use of any building or other structure,
or land or extension of use of land, for which permission may be required
pursuant to N.J.S.A. 40:55D-1 et seq.
Means a development containing both affordable units and
market rate units. Inclusionary developments must have a 20% set aside
of affordable units if the development has five or more units. This
term includes, but is not necessarily limited to: new construction,
the conversion of a non-residential structure to residential and the
creation of new affordable units through the reconstruction of a vacant
residential structure.
Means a household with a total gross annual household income
equal to 50% or less of the median household income.
Means a restricted unit that is affordable to a low-income
household.
Means the primary structural, mechanical, plumbing, electrical,
fire protection, or occupant service components of a building which
include but are not limited to, weatherization, roofing, plumbing
(including wells), heating, electricity, sanitary plumbing (including
septic systems), lead paint abatement or load bearing structural systems.
Means housing not restricted to low- and moderate-income
households that may sell or rent at any price.
Means the median income by household size for the applicable
county, as adopted annually by the Department.
Means a household with a total gross annual household income
in excess of 50% but less than 80% of the median household income.
Means a restricted unit that is affordable to a moderate-income
household.
Means any sale or transfer of ownership other than the transfer
of ownership between husband and wife; the transfer of ownership between
former spouses ordered as a result of a judicial decree of divorce
or judicial separation, but not including sales to third parties;
the transfer of ownership between family members as a result of inheritance;
the transfer of ownership through an executor's deed to a class
A beneficiary and the transfer of ownership by court order.
Means a process by which currently income-eligible households
are selected for placement in affordable housing units such that no
preference is given to one applicant over another except for purposes
of matching household income and size with an appropriately priced
and sized affordable unit (e.g., by lottery).
Means the maximum housing value in each housing region affordable
to a four-person household with an income at 80% of the regional median
as defined by the Department's adopted Regional Income Limits
published annually by the Department.
Means the repair, renovation, alteration or reconstruction
of any building or structure, pursuant to the Rehabilitation Subcode,
N.J.A.C. 5:23-6.
Means the gross monthly cost of a rental unit to the tenant,
including the rent paid to the landlord, as well as an allowance for
tenant-paid utilities computed in accordance with allowances published
by DCA for its Section 8 program. In assisted living residences, rent
does not include charges for food and services.
Means a dwelling unit, whether a rental unit or ownership
unit, that is subject to the affordability controls of N.J.A.C. 5:80-26.1,
as may be amended and supplemented, but does not include a market-rate
unit financed under UHORP or MONI.
Means the Department of Community Affairs of the State of
New Jersey, that was established under the New Jersey Fair Housing
Act (N.J.S.A. 52:27D-301 et seq.).
Means the Uniform Housing Affordability Controls set forth
in N.J.A.C. 5:80-26.1 et seq.
Means a household with a total gross annual household income
equal to 30% or less of the median household income.
Means a restricted unit that is affordable to a very-low-income
household.
Means building insulation (for attic, exterior walls and
crawl space), siding to improve energy efficiency, replacement storm
windows, replacement storm doors, replacement windows and replacement
doors, and is considered a major system for rehabilitation.
[Added 3-13-2024 by Ord.
No. 05-2024]
a.
Phasing. Inclusionary developments shall be subject to the following
schedule, except where an alternate phasing schedule has been incorporated
into a development or redevelopment agreement:
|
Minimum Percentage of Low- and Moderate-Income Units Completed
|
Maximum Percentage of Market-Rate Units Completed
|
|---|---|
|
0%
|
25%
|
|
10%
|
25% + 1 Unit
|
|
75%
|
75%
|
|
100%
|
90%
|
b.
Fractional Units. If 20% of the total number of units in a development
result in a fraction or decimal, the developer shall be required to
provide an additional affordable unit on site.
Example: an eight-unit development requiring an affordable housing
set-aside of 1.6 units is proposed. The developer is required to provide
two on-site affordable units.
c.
Design. In inclusionary developments, to the extent possible,
low- and moderate-income units shall be integrated with the market
units.
d.
Utilities. Affordable units shall utilize the same type of heating
source as market units within the affordable development.
[Added 3-13-2024 by Ord.
No. 05-2024]
The following general guidelines apply to all newly constructed
developments that contain low-and moderate-income housing units, including
any currently unanticipated future developments that will provide
low- and moderate-income housing units.
a.
Low/Moderate Split and Bedroom Distribution of Affordable Housing
Units:
1.
The fair share obligation shall be divided equally between low-
and moderate-income units, except that where there is an odd number
of affordable housing units, the extra unit shall be a low income
unit.
2.
In each affordable development, at least 50% of the restricted
units within each bedroom distribution shall be low-income units including
that 13% shall be very low income. If there is only one affordable
unit it must be a low-income unit.
3.
Thirteen percent of all affordable units in the Borough within
each bedroom distribution shall be designated as very-low-income households
at 30% of the median income, with at least 50% of all very-low-income
units being available to families. If an inclusionary development
proposes less than 10 total units, a payment in lieu of a very-low-income
unit shall be deposited into the Borough's Affordable Housing
Trust Fund based on the difference in cost between providing a very-low-income
unit and the region's affordability average. Inclusionary developments
of 10 or more total units shall be required to provide a minimum of
one very-low-income unit. Very-low-income units shall be considered
low-income units for the purposes of evaluating compliance with the
required low/moderate income unit splits, bedroom distribution, and
phasing requirements of this subsection.
4.
Affordable developments that are not age-restricted shall be
structured in conjunction with realistic market demands such that:
(a)
The combined number of efficiency and one-bedroom units shall
be no greater than 20% of the total low- and moderate-income units;
(b)
At least 30% of all low- and moderate-income units shall be
two-bedroom units;
(c)
At least 20% of all low- and moderate-income units shall be
three-bedroom units; and
(d)
The remaining units may be allocated among two- and three-bedroom
units at the discretion of the developer.
5.
Affordable developments that are age-restricted shall be structured
such that the number of bedrooms shall equal the number of age-restricted
low- and moderate-income units within the inclusionary development.
The standard may be met by having all one-bedroom units or by having
a two-bedroom unit for each efficiency unit.
b.
Accessibility Requirements:
1.
The first floor of all restricted townhouse dwelling units and
all restricted units in all other multistory buildings shall be subject
to the technical design standards of the Barrier Free Subcode, N.J.A.C.
5:23-7.
2.
All restricted townhouse dwelling units and all restricted units
in other multistory buildings in which a restricted dwelling unit
is attached to at least one other dwelling unit shall have the following
features:
(a)
An adaptable toilet and bathing facility on the first floor;
(b)
An adaptable kitchen on the first floor;
(c)
An interior accessible route of travel on the first floor;
(d)
An interior accessible route of travel shall not be required
between stories within an individual unit;
(e)
An adaptable room that can be used as a bedroom, with a door
or the casing for the installation of a door, on the first floor;
and
(f)
An accessible entranceway as set forth at P.L. 2005, c. 350
(N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C.
5:23-7, or evidence that the Borough of Sea Girt has collected funds
from the developer sufficient to make 10% of the adaptable entrances
in the development accessible:
(1)
Where a unit has been constructed with an adaptable
entrance, upon the request of a disabled person who is purchasing
or will reside in the dwelling unit, an accessible entrance shall
be installed.
(2)
To this end, the builder of restricted units shall
deposit funds within the Borough's Affordable Housing Trust Fund
sufficient to install accessible entrances in 10% of the affordable
units that have been constructed with adaptable entrances.
(3)
The funds deposited under paragraph (2) above shall
be used by the Borough of Sea Girt for the sole purpose of making
the adaptable entrance of any affordable unit accessible when requested
to do so by a person with a disability who occupies or intends to
occupy the unit and requires an accessible entrance.
(4)
The developer of the restricted units shall submit
a design plan and cost estimate for the conversion from adaptable
to accessible entrances to the Construction Official of the Borough.
(5)
Once the Construction Official has determined that
the design plan to convert the unit entrances from adaptable to accessible
meet the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7,
and that the cost estimate of such conversion is reasonable, payment
shall be made to the Borough's affordable housing trust fund
where the funds shall be deposited into the affordable housing trust
fund and appropriately earmarked.
(6)
Full compliance with the foregoing provisions shall
not be required where an entity can demonstrate that it is site impracticable
to meet the requirements. Determinations of site impracticability
shall be in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7.
c.
Maximum Rents and Sales Prices.
1.
In establishing rents and sales prices of affordable housing
units, the administrative agent shall follow the procedures set forth
in UHAC utilizing the regional income limits established by the New
Jersey Department of Community Affairs (DCA) or other agency as required
by the Court.
2.
The maximum rent for restricted rental units within each affordable
development shall be affordable to households earning no more than
60% of median income, and the average rent for restricted low- and
moderate-income units shall be affordable to households earning no
more than 52% of median income.
3.
The developers and/or municipal sponsors of restricted rental
units shall establish at least one rent for each bedroom type for
both low-income and moderate-income units.
(a)
At least 13% of all low- and moderate-income dwelling units
shall be affordable to households earning no more than 30% of median
income.
4.
The maximum sales price of restricted ownership units within
each affordable development shall be affordable to households earning
no more than 70% of median income, and each affordable development
must achieve an affordability average of 55% for restricted ownership
units; in achieving this affordability average, moderate-income ownership
units must be available for at least three different prices for each
bedroom type, and low-income ownership units must be available for
at least two different prices for each bedroom type.
5.
In determining the initial sales prices and rents for compliance
with the affordability average requirements for restricted units other
than assisted living facilities, the following standards shall be
used:
(a)
A studio shall be affordable to a one-person household;
(b)
A one-bedroom unit shall be affordable to a one- and one-half-person
household;
(c)
A two-bedroom unit shall be affordable to a three-person household;
(d)
A three-bedroom unit shall be affordable to a four and one-half
person household; and
(e)
A four-bedroom unit shall be affordable to a six-person household.
6.
In determining the initial rents for compliance with the affordability
average requirements for restricted units in assisted living facilities,
the following standards shall be used:
7.
The initial purchase price for all restricted ownership units
shall be calculated so that the monthly carrying cost of the unit,
including principal and interest (based on a mortgage loan equal to
95% of the purchase price and the Federal Reserve H.15 rate of interest),
taxes, homeowner and private mortgage insurance and condominium or
homeowner association fees do not exceed 28% of the eligible monthly
income of the appropriate size household as determined under N.J.A.C.
5:80-26.4, as may be amended and supplemented; provided, however,
that the price shall be subject to the affordability average requirement
of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
8.
The initial rent for a restricted rental unit shall be calculated
so as not to exceed 30% of the eligible monthly income of the appropriate
household size as determined under N.J.A.C. 5:80-26.4, as may be amended
and supplemented; provided, however, that the rent shall be subject
to the affordability average requirement of N.J.A.C. 5:80-26.3, as
may be amended and supplemented.
9.
The price of owner-occupied low- and moderate-income units may
increase annually based on the percentage increase in the regional
median income limit for each housing region. In no event shall the
maximum resale price established by the administrative agent be lower
than the last recorded purchase price.
10.
The rent of low- and moderate-income units may be increased
annually based on the percentage increase in the Housing Consumer
Price Index for the United States. This increase shall not exceed
9% in any one year. Rents for units constructed pursuant to low-income
housing tax credit regulations shall be indexed pursuant to the regulations
governing low-income housing tax credits.
11.
Utilities. Tenant-paid utilities that are included in the utility
allowance shall be so stated in the lease and shall be consistent
with the utility allowance approved by DCA for its Section 8 program.
[Added 3-13-2024 by Ord.
No. 05-2024]
a.
The Borough of Sea Girt shall adopt by resolution an Affirmative
Marketing Plan, subject to approval of the Court, compliant with N.J.A.C.
5:80-26.15, as may be amended and supplemented.
b.
The affirmative marketing plan is a regional marketing strategy
designed to attract buyers and/or renters of all majority and minority
groups, regardless of race, creed, color, national origin, ancestry,
marital or familial status, gender, affectional or sexual orientation,
disability, age or number of children to housing units which are being
marketed by a developer, sponsor or owner of affordable housing. The
affirmative marketing plan is also intended to target those potentially
eligible persons who are least likely to apply for affordable units
in that region. It is a continuing program that directs all marketing
activities toward Housing Region 4 and covers the period of deed restriction.
c.
The affirmative marketing plan shall provide a regional preference
for all households that live and/or work in Housing Region 4.
d.
The Administrative Agent designated by the Borough of Sea Girt
shall assure the affirmative marketing of all affordable units consistent
with the Affirmative Marketing Plan for the municipality.
e.
In implementing the affirmative marketing plan, the Administrative
Agent shall provide a list of counseling services to low- and moderate-income
applicants on subjects such as budgeting, credit issues, mortgage
qualification, rental lease requirements, and landlord/tenant law.
f.
The affirmative marketing process for available affordable units
shall begin at least four months prior to the expected date of occupancy.
g.
The costs of advertising and affirmative marketing of the affordable
units shall be the responsibility of the developer, sponsor or owner,
unless otherwise determined or agreed to by the Borough.
[Added 3-13-2024 by Ord.
No. 05-2024]
a.
In referring certified households to specific restricted units,
to the extent feasible, and without causing an undue delay in occupying
the unit, the Administrative Agent shall strive to:
b.
Additional provisions related to occupancy standards (if any)
shall be provided in the municipal Operating Manual.
a.
Control periods for restricted ownership units shall be in accordance
with N.J.A.C. 5:80-26.5, as may be amended and supplemented, and each
restricted ownership unit shall remain subject to the requirements
of this subsection until the Borough of Sea Girt elects to release
the unit from such requirements however, and prior to such an election,
a restricted ownership unit must remain subject to the requirements
of N.J.A.C. 5:80-26.1, as may be amended and supplemented, for at
least 30 years.
b.
The affordability control period for a restricted ownership
unit shall commence on the date the initial certified household takes
title to the unit.
c.
Prior to the issuance of the initial certificate of occupancy
for a restricted ownership unit and upon each successive sale during
the period of restricted ownership, the administrative agent shall
determine the restricted price for the unit and shall also determine
the non-restricted, fair market value of the unit based on either
an appraisal or the unit's equalized assessed value.
d.
At the time of the first sale of the unit, the purchaser shall
execute and deliver to the Administrative Agent a recapture note obligating
the purchaser (as well as the purchaser's heirs, successors and
assigns) to repay, upon the first non-exempt sale after the unit's
release from the requirements of this subsection, an amount equal
to the difference between the unit's non-restricted fair market
value and its restricted price, and the recapture note shall be secured
by a recapture lien evidenced by a duly recorded mortgage on the unit.
e.
The affordability controls set forth in this subsection shall
remain in effect despite the entry and enforcement of any judgment
of foreclosure with respect to restricted ownership units.
f.
A restricted ownership unit shall be required to obtain a Continuing
Certificate of Occupancy or a certified statement from the Construction
Official stating that the unit meets all code standards upon the first
transfer of title that follows the expiration of the applicable minimum
control period provided under N.J.A.C. 5:80-26.5(a), as may be amended
and supplemented.
[Added 3-13-2024 by Ord.
No. 05-2024]
Price restrictions for restricted ownership units shall be in
accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented,
including:
a.
The initial purchase price for a restricted ownership unit shall
be approved by the Administrative Agent.
b.
The Administrative Agent shall approve all resale prices, in
writing and in advance of the resale, to assure compliance with the
foregoing standards.
c.
The method used to determine the condominium association fee
amounts and special assessments shall be indistinguishable between
the low- and moderate-income unit owners and the market unit owners.
d.
The owners of restricted ownership units may apply to the Administrative
Agent to increase the maximum sales price for the unit on the basis
of capital improvements. Eligible capital improvements shall be those
that render the unit suitable for a larger household or the addition
of a bathroom.
[Added 3-13-2024 by Ord.
No. 05-2024]
a.
Buyer income eligibility for restricted ownership units shall
be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented,
such that low-income ownership units shall be reserved for households
with a gross household income less than or equal to 50% of median
income and moderate-income ownership units shall be reserved for households
with a gross household income less than 80% of median income.
b.
The Administrative Agent shall certify a household as eligible
for a restricted ownership unit when the household is a low-income
household or a moderate-income household, as applicable to the unit,
and the estimated monthly housing cost for the particular unit (including
principal, interest, taxes, homeowner and private mortgage insurance
and condominium or homeowner association fees, as applicable) does
not exceed 33% of the household's certified monthly income.
[Added 3-13-2024 by Ord.
No. 05-2024]
a.
Prior to incurring any indebtedness to be secured by a restricted
ownership unit, the administrative agent shall determine in writing
that the proposed indebtedness complies with the provisions of this
section.
b.
With the exception of original purchase money mortgages, during
a control period neither an owner nor a lender shall at any time cause
or permit the total indebtedness secured by a restricted ownership
unit to exceed 95% of the maximum allowable resale price of that unit,
as such price is determined by the administrative agent in accordance
with N.J.A.C. 5:80-26.6(b).
[Added 3-13-2024 by Ord.
No. 05-2024]
a.
Control periods for restricted rental units shall be in accordance
with N.J.A.C. 5:80-26.11, as may be amended and supplemented, and
each restricted rental unit shall remain subject to the requirements
of this subsection until the Borough of Sea Girt elects to release
the unit from such requirements pursuant to action taken in compliance
with N.J.A.C. 5:80-26.1, as may be amended and supplemented, and prior
to such an election, a restricted rental unit must remain subject
to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented,
for at least 30 years.
b.
Deeds of all real property that include restricted rental units
shall contain deed restriction language. The deed restriction shall
have priority over all mortgages on the property, and the deed restriction
shall be filed by the developer or seller with the records office
of the County of Monmouth. The deed shall also identify each affordable
unit by apartment number and/or address and whether that unit is designated
as a very- low-, low- or moderate-income unit. Neither the unit nor
its affordability designation shall change throughout the term of
the deed restriction. A copy of the filed document shall be provided
to the Administrative Agent within 30 days of the receipt of a Certificate
of Occupancy.
c.
A restricted rental unit shall remain subject to the affordability
controls of this subsection, despite the occurrence of any of the
following events:
[Added 3-13-2024 by Ord.
No. 05-2024]
a.
A written lease shall be required for all restricted rental
units, and tenants shall be responsible for security deposits and
the full amount of the rent as stated on the lease. A copy of the
current lease for each restricted rental unit shall be provided to
the Administrative Agent.
b.
No additional fees or charges shall be added to the approved
rent (except, in the case of units in an assisted living residence,
to cover the customary charges for food and services) without the
express written approval of the Administrative Agent.
c.
Application fees (including the charge for any credit check)
shall not exceed 5% of the monthly rent of the applicable restricted
unit and shall be payable to the Administrative Agent to be applied
to the costs of administering the controls applicable to the unit
as set forth in this subsection.
[Added 3-13-2024 by Ord.
No. 05-2024]
a.
Tenant income eligibility shall be in accordance with N.J.A.C.
5:80-26.13, as may be amended and supplemented, and shall be determined
as follows:
1.
Very-low-income rental units shall be reserved for households
with a gross household income less than or equal to 30% of median
income.
2.
Low-income rental units shall be reserved for households with
a gross household income less than or equal to 50% of median income.
3.
Moderate-income rental units shall be reserved for households
with a gross household income less than 80% of median income.
b.
The Administrative Agent shall certify a household as eligible
for a restricted rental unit when the household is a very-low-income,
low-income household or a moderate-income household, as applicable
to the unit, and the rent proposed for the unit does not exceed 35%
(40% for age-restricted units) of the household's eligible monthly
income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended
and supplemented; provided, however, that this limit may be exceeded
if one or more of the following circumstances exists:
1.
The household currently pays more than 35% (40% for households
eligible for age-restricted units) of its gross household income for
rent, and the proposed rent will reduce its housing costs;
2.
The household has consistently paid more than 35% (40% for households
eligible for age-restricted units) of eligible monthly income for
rent in the past and has proven its ability to pay;
3.
The household is currently in substandard or overcrowded living
conditions;
4.
The household documents the existence of assets with which the
household proposes to supplement the rent payments; or
5.
The household documents proposed third-party assistance from
an outside source such as a family member in a form acceptable to
the Administrative Agent and the owner of the unit.
c.
The applicant shall file documentation sufficient to establish
the existence of the circumstances in b1 through b5 above with the
Administrative Agent, who shall counsel the household on budgeting.
[Added 3-13-2024 by Ord.
No. 05-2024]
a.
The position of Municipal Housing Liaison (MHL) for the Borough
of Sea Girt is established by this subsection. The Borough shall make
the actual appointment of the MHL by means of a resolution.
1.
The MHL must be either a full-time or part-time employee of
Sea Girt.
2.
The person appointed as the MHL must be reported to the Court
and thereafter posted on the Borough's website.
3.
The MHL must meet all the requirements for qualifications, including
initial and periodic training.
4.
The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for the Borough
of Sea Girt, including the following responsibilities which may not
be contracted out to the Administrative Agent:
(a)
Serving as the municipality's primary point of contact
for all inquiries from the State, affordable housing providers, Administrative
Agents and interested households;
(b)
The implementation of the Affirmative Marketing Plan and affordability
controls.
(c)
When applicable, supervising any contracting Administrative
Agent.
(d)
Monitoring the status of all restricted units in the Borough's
Fair Share Plan;
(e)
Compiling, verifying and submitting annual reports as required;
(f)
Coordinating meetings with affordable housing providers and
Administrative Agents, as applicable; and
(g)
Attending continuing education opportunities on affordability
controls, compliance monitoring and affirmative marketing as offered
or approved by the Affordable Housing Professionals of New Jersey
(AHPNJ).
b.
The Borough of Sea Girt shall designate by resolution of the
Borough Council, subject to the approval of the Court, one or more
Administrative Agents to administer newly constructed affordable units
in accordance with N.J.A.C. 5:91, N.J.A.C. 5:93 and UHAC.
c.
An Operating Manual shall be provided by the Administrative
Agent(s) to be adopted by resolution of the governing body. The Operating
Manuals shall be available for public inspection in the Office of
the Municipal Clerk and in the office(s) of the Administrative Agent(s).
d.
The Administrative Agent shall perform the duties and responsibilities
of an administrative agent as are set forth in UHAC, including those
set forth in N.J.A.C. 5:80-26.14, 16 and 18 thereof, which includes:
1.
Attending continuing education opportunities on affordability
controls, compliance monitoring, and affirmative marketing as offered
or approved by the Affordable Housing Professionals of New Jersey
(AHPNJ);
2.
Affirmative Marketing;
3.
Household Certification;
4.
Affordability Controls;
5.
Records retention;
6.
Resale and re-rental;
7.
Processing requests from unit owners; and
8.
Enforcement, though the ultimate responsibility for retaining
controls on the units rests with the municipality.
9.
The Administrative Agent shall have authority to take all actions
necessary and appropriate to carry out its responsibilities, hereunder.
[Added 3-13-2024 by Ord.
No. 05-2024]
a.
Upon the occurrence of a breach of any of the regulations governing
the affordable unit by an Owner, Developer or Tenant the municipality
shall have all remedies provided at law or equity, including but not
limited to foreclosure, tenant eviction, municipal fines, a requirement
for household recertification, acceleration of all sums due under
a mortgage, recoupment of any funds from a sale in the violation of
the regulations, injunctive relief to prevent further violation of
the regulations, entry on the premises, and specific performance.
b.
After providing written notice of a violation to an Owner, Developer
or Tenant of a low- or moderate-income unit and advising the Owner,
Developer or Tenant of the penalties for such violations, the municipality
may take the following action against the Owner, Developer or Tenant
for any violation that remains uncured for a period of 60 days after
service of the written notice:
1.
The municipality may file a court action pursuant to N.J.S.A.
2A:58-11 alleging a violation, or violations, of the regulations governing
the affordable housing unit. If the Owner, Developer or Tenant is
found by the court to have violated any provision of the regulations
governing affordable housing units the Owner, Developer or Tenant
shall be subject to one or more of the following penalties, at the
discretion of the court:
(a)
A fine of not more than $10,000 or imprisonment for a period
not to exceed 90 days, or both. Each and every day that the violation
continues or exists shall be considered a separate and specific violation
of these provisions and not as a continuing offense;
(b)
In the case of an Owner who has rented his or her low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment into the Borough of Sea Girt Affordable Housing Trust
Fund of the gross amount of rent illegally collected;
(c)
In the case of an Owner who has rented his or her low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment of an innocent tenant's reasonable relocation
costs, as determined by the court.
2.
The municipality may file a court action in the Superior Court
seeking a judgment, which would result in the termination of the Owner's
equity or other interest in the unit, in the nature of a mortgage
foreclosure. Any judgment shall be enforceable as if the same were
a judgment of default of the First Purchase Money Mortgage and shall
constitute a lien against the low- and moderate-income unit.
c.
Such judgment shall be enforceable, at the option of the municipality,
by means of an execution sale by the Sheriff, at which time the low-
and moderate-income unit of the violating Owner shall be sold at a
sale price which is not less than the amount necessary to fully satisfy
and pay off any First Purchase Money Mortgage and prior liens and
the costs of the enforcement proceedings incurred by the municipality,
including attorney's fees. The violating Owner shall have the
right to possession terminated as well as the title conveyed pursuant
to the Sheriffs sale.
d.
The proceeds of the Sheriff's sale shall first be applied
to satisfy the First Purchase Money Mortgage lien and any prior liens
upon the low- and moderate-income unit. The excess, if any, shall
be applied to reimburse the municipality for any and all costs and
expenses incurred in connection with either the court action resulting
in the judgment of violation or the Sheriff's sale. In the event
that the proceeds from the Sheriff's sale are insufficient to
reimburse the municipality in full as aforesaid, the violating Owner
shall be personally responsible for and to the extent of such deficiency,
in addition to any and all costs incurred by the municipality in connection
with collecting such deficiency. In the event that a surplus remains
after satisfying all of the above, such surplus, if any, shall be
placed in escrow by the municipality for the Owner and shall be held
in such escrow for a maximum period of two years or until such earlier
time as the Owner shall make a claim with the municipality for such.
Failure of the Owner to claim such balance within the two-year period
shall automatically result in a forfeiture of such balance to the
municipality. Any interest accrued or earned on such balance while
being held in escrow shall belong to and shall be paid to the municipality,
whether such balance shall be paid to the Owner or forfeited to the
municipality.
e.
Foreclosure by the municipality due to violation of the regulations
governing affordable housing units shall not extinguish the restrictions
of the regulations governing affordable housing units as the same
apply to the low- and moderate-income unit. Title shall be conveyed
to the purchaser at the Sheriff's sale, subject to the restrictions
and provisions of the regulations governing the affordable housing
unit. The Owner determined to be in violation of the provisions of
this plan and from whom title and possession were taken by means of
the Sheriff's sale shall not be entitled to any right of redemption.
f.
If there are no bidders at the Sheriff's sale, or if insufficient
amounts are bid to satisfy the First Purchase Money Mortgage and any
prior liens, the municipality may acquire title to the low- and moderate-income
unit by satisfying the First Purchase Money Mortgage and any prior
liens and crediting the violating owner with an amount equal to the
difference between the First Purchase Money Mortgage and any prior
liens and costs of the enforcement proceedings, including legal fees
and the maximum resale price for which the low- and moderate-income
unit could have been sold under the terms of the regulations governing
affordable housing units. This excess shall be treated in the same
manner as the excess which would have been realized from an actual
sale as previously described.
g.
Failure of the low- and moderate-income unit to be either sold
at the Sheriff's sale or acquired by the municipality shall obligate
the Owner to accept an offer to purchase from any qualified purchaser
which may be referred to the Owner by the municipality, with such
offer to purchase being equal to the maximum resale price of the low-
and moderate-income unit as permitted by the regulations governing
affordable housing units.
h.
The Owner shall remain fully obligated, responsible and liable
for complying with the terms and restrictions of governing affordable
housing units until such time as title is conveyed from the Owner.
[Added 3-13-2024 by Ord.
No. 05-2024]
Appeals from all decisions of an Administrative Agent designated
pursuant to this subsection shall be filed with the Superior Court
of New Jersey, Monmouth County.
[Added 3-13-2024 by Ord. No. 06-2024]
[Added 3-13-2024 by Ord.
No. 06-2024]
a.
In Holmdel Builder's Association v. Holmdel Township, 121
N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory
development fees are authorized by the Fair Housing Act of 1985 (the
Act), N.J.S.A. 52:27D-301 et seq., and the State Constitution, subject
to the Council on Affordable Housing's (COAH's) adoption
of rules.
b.
Pursuant to P.L.2008, c.46 section 8 (N.J.S.A. 52:27D-329.2)
and the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1
through 8.7), COAH is authorized to adopt and promulgate regulations
necessary for the establishment, implementation, review, monitoring
and enforcement of municipal affordable housing trust funds and corresponding
spending plans. Municipalities that are under the jurisdiction of
the Council or court of competent jurisdiction and have a COAH or
court approved spending plan may retain fees collected from non-residential
development.
c.
In Re: Adoption of N.J.A.C. 5:96 and 5:97 by the New Jersey
Council on Affordable Housing, 221 N.J. 1 (2015), also known as the
Mount Laurel IV decision, the Supreme Court remanded COAH's duties
to the Superior Court. As a result, affordable housing development
fee collections and expenditures from the municipal affordable housing
trust funds to implement municipal Third Round Fair Share Plans through
July 1, 2025, are under the Court's jurisdiction and are subject
to approval by the Court.
d.
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 section shall be used for the sole purpose of providing
very low-, low- and moderate-income housing. This section shall be
interpreted within the framework of COAH's rules on development
fees, codified at N.J.A.C. 5:97-8.
[Added 3-13-2024 by Ord.
No. 06-2024]
As used in this subsection of the Borough Code of the Borough
of Sea Girt, the following terms 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 J: 1.as had primary jurisdiction for the administration
of housing obligations in accordance with sound regional planning
consideration in the State.
Shall mean money paid by a developer for the improvement
of property as permitted in N.J.A.C. 5:978.3. "Developer" 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 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.
[Added 3-13-2024 by Ord.
No. 06-2024]
[Added 3-13-2024 by Ord.
No. 06-2024]
a.
Imposed Fees.
1.
Within all zoning districts, residential developers, except
for developers of the types of development specifically exempted below,
shall pay a fee of 1.5% of the equalized assessed value for residential
development provided no increased density is permitted.
2.
When an increase in residential density pursuant to N.J.S.A.
40:55D-70d(5) (known as a "d" variance) has been permitted, developers
shall be required to pay a development fee of 6% of the equalized
assessed value for each additional unit that may be realized. However,
if the zoning on a site has changed during the two-year period preceding
the filing of such a variance application, the base density for the
purposes of calculating the bonus development fee shall be the highest
density permitted by right during the two-year period preceding the
filing of the variance application.
b.
Eligible exactions, ineligible exactions and exemptions for
residential development.
1.
Affordable housing developments, developments where the developer
is providing for the construction of affordable units elsewhere in
the municipality, and developments where the developer has made a
payment in lieu of onsite construction of affordable units if permitted
by ordinance shall be exempt from development fees.
2.
Developments that have received preliminary or final site plan
approval prior to the adoption of a municipal development fee ordinance
shall be exempt from development fees, unless the developer seeks
a substantial change in the approval. Where a site plan approval does
not apply, a zoning and/or building permit shall be synonymous with
preliminary or final site plan approval for this purpose. The fee
percentage shall be vested on the date that the building permit is
issued.
3.
Owner occupied residential structures demolished and replaced
as a result of a fire, flood, or natural disaster shall be exempt
from paying a development fee.
4.
Development fees shall be imposed and collected when an existing
structure undergoes a change to a more intense use, is demolished
and replaced, or when the square footage is increased by the creation
of a new bedroom. The development fee shall be calculated on the increase
in the equalized assessed value of the improved structure.
5.
The Fire Department and nonprofit organizations which have received
tax exempt status pursuant to section 501(c)(3) of the Internal Revenue
Code, providing current evidence of that status is submitted to the
Municipal Clerk, together with a certification that services of the
organization are provided at reduced rates to those who establish
an inability to pay existing charges, shall be exempted from paying
a development fee.
6.
Federal, state, county and local governments shall be exempted
from paying a development fee.
[Added 3-13-2024 by Ord.
No. 06-2024]
a.
Imposed fees.
1.
Within all zoning districts, non-residential developers, except
for developers of the types of development specifically exempted,
shall pay a fee equal to 2.5% of the equalized assessed value of the
land and improvements, for all new non-residential construction on
an unimproved lot or lots.
2.
Non-residential developers, except for developers of the types
of development specifically exempted, shall also pay a fee equal to
2.5% of the increase in equalized assessed value resulting from any
additions to existing structures to be used for non-residential purposes.
3.
Development fees shall be imposed and collected when an existing
structure is demolished and replaced. The development fee of 2.5%
shall be calculated on the difference between the equalized assessed
value of the preexisting land and improvement and the equalized assessed
value of the newly improved structure, i.e., land and improvement,
at the time final certificate of occupancy is issued. If the calculation
required under this section results in a negative number, the non-residential
development fee shall be zero.
b.
Eligible exactions, ineligible exactions and exemptions for
non-residential development.
1.
The non-residential portion of a mixed use inclusionary or market
rate development shall be subject to the 2.5% development fee, unless
otherwise exempted below.
2.
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.
3.
Non-residential developments shall be exempt from the payment
of nonresidential development fees in accordance with the exemptions
required pursuant to P.L. 2008, c. 46, as specified in the Form NRDF
"State of New Jersey Non-Residential Development Certification/Exemption"
Form. Any exemption claimed by a developer shall be substantiated
by that developer.
4.
A developer of a non-residential 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 non-residential development
fee, in that event, within three years after that event or after the
issuance of the final certificate of occupancy of the non-residential
development, whichever is later.
5.
If a property which was exempted from the collection of a non-residential
development fee thereafter ceases to be exempt from property taxation,
the owner of the property shall remit the fees required pursuant to
this section within 45 days of the termination of the property tax
exemption. Unpaid non-residential development fees under these circumstances
may be enforceable by Sea Girt as a lien against the real property
of the owner.
[Added 3-13-2024 by Ord.
No. 06-2024]
a.
Upon the granting of a preliminary, final or other applicable
approval, for a development, the applicable approving authority shall
direct its staff to notify the construction official or Zoning Officer
responsible for the issuance of a building permit.
b.
For non-residential developments only, the developer shall also
be provided with a copy of Form NRDF "State of New Jersey Non-Residential
Development Certification/Exemption" to be completed as per the instructions
provided. The developer of a non-residential development shall complete
Form NRDF 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 NRDF. The Tax assessor
shall verify exemptions and prepare estimated and final assessments
as per the instructions provided in Form NRDF.
c.
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.
d.
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.
e.
The construction official responsible for the issuance of a
final certificate of occupancy shall notify the local assessor of
any and all requests for the scheduling of a final inspection of property
which is subject to a development fee.
f.
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.
g.
Should Sea Girt 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).
h.
One hundred percent of the development fee shall be collected
at the issuance of the certificate of occupancy.
[Added 3-13-2024 by Ord.
No. 06-2024]
a.
A developer may challenge residential development fees imposed
by filing a challenge with the County Board of Taxation. Pending a
review and determination by the Board, collected fees shall be placed
in an interest-bearing escrow account by Sea Girt. Appeals from a
determination of the Board may be made to the tax court in accordance
with the provisions of the State Tax Uniform Procedure Law, N.J.S.A.
54:48-1 et seq., within 90 days after the date of such determination.
Interest earned on amounts escrowed shall be credited to the prevailing
party.
b.
A developer may challenge non-residential development fees imposed
by filing a challenge with the Director of the Division of Taxation.
Pending a review and determination by the Director, which shall be
made within 45 days of receipt of the challenge, collected fees shall
be placed in an interest-bearing escrow, account by Sea Girt. Appeals
from a determination of the Director may be made. to the tax court
in accordance with the provisions of the State Tax Uniform Procedure
Law, R.S.54:48-1 et seq., within 90 days after the date of such determination.
Interest earned on amounts escrowed shall be credited to the prevailing
party.
[Added 3-13-2024 by Ord.
No. 06-2024]
a.
There is hereby created a separate, interest-bearing affordable
housing trust fund to be maintained by the chief financial officer
for the purpose of depositing development fees, collected from residential
and non-residential developers and proceeds from the sale of units
with extinguishing controls.
b.
The following additional funds shall be deposited in the Affordable
Housing Trust Fund and shall at all times be identifiable by source
and amount:
1.
Payments in lieu of onsite construction of affordable units
if permitted by ordinance.
2.
Developer contributed funds to make 10% of the adaptable entrances
in a townhouse or other multistory attached development accessible.
3.
Rental income from municipally operated units.
4.
Repayments from affordable housing program loans.
5.
Recapture funds.
6.
Proceeds from the sale of affordable units; and
7.
Any other funds collected in connection with Sea Girt's
affordable housing program.
c.
In the event of a failure by Sea Girt to comply with trust fund
monitoring and reporting requirements or to submit accurate monitoring
reports; or a failure to comply with the conditions of the judgment
of compliance or a revocation of the judgment of compliance, or a
failure to implement the approved Spending Plan and to expend funds
within the applicable required time period as set forth in re Tp.
of Monroe, 442 N.J. Super. 565 (Law Div. 2015) (aft.'d 442 N.J.
Super. 563); or the expenditure of funds on activities not approved
by the Court; or for other good cause demonstrating the unapproved
use(s) of funds, the Court may authorize the State of New Jersey,
Department of Community Affairs, Division of Local Government Services
(LGS), to direct the manner in which the funds in the Affordable Housing
Trust Fund shall be expended, provided that all such funds shall,
to the extent practicable, be utilized for affordable housing programs
within Sea Girt, or, if not practicable, then within the County or
the Housing Region.
d.
Any party may bring a motion before the Superior Court presenting
evidence of such condition(s), and the Court may, after considering
the evidence and providing the municipality a reasonable opportunity
to respond and/or to remedy the non-compliant condition(s), and upon
a finding of continuing and deliberate noncompliance, determine to
authorize LGS to direct the expenditure of funds in the Trust Fund.
The Court may also impose such other remedies as may be reasonable
and appropriate to the circumstances.
e.
All interest accrued in the affordable housing trust fund shall
only be used on eligible affordable housing activities approved by
the Superior Court.
[Added 3-13-2024 by Ord.
No. 06-2024]
a.
The expenditure of all funds shall conform to a spending plan
approved by the Superior Court. Funds deposited in the affordable
housing trust fund may be used for any activity approved by the Superior
Court to address Sea Girt's fair share obligation and may be
set up as a grant or revolving loan program. Such activities include,
but are not limited to: preservation or purchase of housing for the
purpose of maintaining or implementing affordability controls, rehabilitation,
new construction of affordable housing units and related costs, accessory
apartment, market to affordable, or regional housing partnership programs,
conversion of existing non-residential buildings to create new affordable
units, green building strategies designed to be cost saving and in
accordance with accepted national or state standards, purchase of
land for affordable housing, improvement of land to be used for affordable
housing, extensions or improvements of roads and infrastructure to
affordable housing sites, financial assistance designed to increase
affordability, administration necessary for implementation of the
Housing Element and Fair Share Plan, or any other activity as permitted
pursuant to N.J.A.C. 5:97-8.7 through 8.9 and specified in the approved
spending plan.
b.
Funds shall not be expended to reimburse Sea Girt for past housing
activities.
c.
At least 30% of all development fees collected and interest
earned shall be used to provide affordability assistance to very low-,
low- and moderate-income households in affordable units included in
the municipal Fair Share Plan. One third of the affordability assistance
portion of development fees collected shall be used to provide affordability
assistance to those households earning 30% or less of median income
by region.
1.
Affordability assistance programs may include down payment assistance,
security deposit assistance, low interest loans, rental assistance,
assistance with homeowners' association or condominium fees and
special assessments, and assistance with emergency repairs.
2.
Affordability assistance to households earning 30% or less of
median income may include buying down the cost of low- or moderate-income
units in the municipal Fair Share Plan to make them affordable to
households earning 30% or less of median income.
3.
Payments in lieu of constructing affordable units on site and
funds from the sale of units with extinguished controls shall be exempt
from the affordability assistance requirement.
d.
Sea Girt may contract with a private or public entity to administer
any part of its Housing Element and Fair Share Plan, including the
requirement for affordability assistance, in accordance with N.J.A.C.
5:96-18.
e.
No more than 20% of all revenues collected from development
fees and interest, 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 and interest 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 the court's
monitoring requirements. Legal or other fees related to litigation
opposing affordable housing sites or objecting to COAH's regulations
and/or action are not eligible uses of the affordable housing trust
fund.
[Added 3-13-2024 by Ord.
No. 06-2024]
a.
Sea Girt shall provide annual reporting of trust fund activity
to the New Jersey Department of Community Affairs ("DCA"), COAH, or
other entity designated by the State of New Jersey, with a copy provided
to Fair Share Housing Center and posted on the municipal website,
using forms developed for this purpose by COAH, the Special Master
or FSHC. This reporting shall include an accounting of all housing
trust fund activity, including the collection of development fees
from residential and nonresidential developers, payments in lieu of
constructing affordable units on site, funds from the sale of units
with extinguished controls, barrier free escrow funds, rental income,
repayments from affordable housing program loans, and any other funds
collected in connection with Sea Girt's housing program, as well
as the expenditure of revenues and implementation of the plan approved
by the Court.
[Added 3-13-2024 by Ord.
No. 06-2024]
a.
The ability for Sea Girt to impose, collect and expend development
fees shall expire with its Judgment of Compliance and Repose. If Sea
Girt fails to renew its ability to impose and collect development
fees prior to the expiration of its Judgment of Compliance and Repose
it may be subject to forfeiture of any or all funds remaining within
its municipal trust fund. Any funds so forfeited shall be deposited
into the "New Jersey Affordable Housing Trust Fund" established pursuant
to section 20 of P.L. 1985, c. 222 (C. 52:27D-320). Sea Girt shall
not impose a residential development fee on a development that receives
preliminary or final site plan approval after the expiration of its
Judgment of Compliance and Repose, nor shall Sea Girt retroactively
impose a development fee on such a development. Sea Girt shall not
expend development fees after the expiration of its Judgment of Compliance
and Repose.
[Ord. #579, A VI, § 1]
Any parcel of land with a lot depth or lot area less than that
required by this chapter may be used as a lot for any purpose permitted
in that District provided that:
a.
The parcel of land was under one ownership at the date of adoption
of this chapter and all prior Zoning regulations of the Borough.
b.
The owner does not own any contiguous land which when combined with
the subject parcel would result in a greater parcel complying with
the terms of this chapter.
c.
The parcel was either created by a subdivision duly approved prior
to the effective date of this chapter or is described on a map entitled
"Map of Sea Girt, Sincerbeaux, Moore & Shinn, July 1927."
d.
All other requirements of this chapter and all prior Zoning regulations
of the Borough are complied with.
[Ord. #579, A VI, § 2]
When more than 50% of the street frontage in any block is developed,
the required front yard for any building to be erected shall have
a depth not less than the average depth of the front yards of all
existing buildings in the block, but in no case shall the setback
requirement be greater than 40 feet.
[Ord. #579, A VII, § 1; Ord. #755, § 13;
Ord. #02-2006, § 1; Ord. No. 17-2017; Ord. No. 02-2018]
Zoning permits shall hereafter be secured from the Zoning Officer
prior to the issuance of a Building Permit for construction, erection
or alteration of any structure or land. Prior to issuing a Zoning
Permit, the Zoning Officer shall ascertain that all conditions and
prerequisites of the Zoning Ordinance will be met. The survey submitted
as part of these prerequisites shall note the elevation above sea
level of the center of the front setback line. Zoning Permits shall
expire one year after issuance if the use or substantial construction
has not commenced.
a.
Schedule of Application Fees for review of initial plan submission
and one subsequent plan review, if necessary:
1.
New structures or additions exceeding 750 square feet in area: $0.75
per square foot, maximum fee of $3,000.
2.
(a)
Engineering Review Escrow for new structures or additions from
750 square feet through 2,499 square feet, inclusive (unexpended balance
of escrow to be refunded): $1,500.
(b)
Engineering Review Escrow for new structures or additions 2,500
square feet or greater (unexpended balance of escrow to be refunded):
$3,000.
3.
Pools: $1,000.
4.
Engineering Review Fee for pools, escrow, unexpended balance refunded
to property owner: $1,500.
5.
Additions and renovations under 750 square feet (including garages
and additional accessory structures): $750.
6.
Incidental structures (includes sheds, driveways, sidewalks, walkways,
patios, hardscape, trellis, arbors, colonnades, fences, and line walls
and similar structures, as determined by Zoning Official): $250.
7.
Plan review, three or more submissions; fees shall not exceed the
fee for the initial submission: $500 each.
b.
Annual Permit and Fee Required in conjunction with new construction
and construction of additions over 750 square feet in area on property
accessed from the unpaved roads in the Borough, that is, The Terrace
west of First Avenue to Fifth Avenue and Carriage Way from Trenton
to Philadelphia Boulevards: $5,000, payable each year.
1.
Permits will be valid for one year from date of issue and must be
renewed annually no less than 30 days prior to the expiration of the
current permit and until a final Certificate of Occupancy is received
from the Construction Office.
2.
The proceeds of all permit fees collected by the Borough pursuant
to paragraph b above will be reserved for future maintenance of the
unpaved roads.
[Ord. #579, A VII, § 2]
Building permits shall hereafter be secured from the Construction
Official prior to the construction, erection or alteration of any
structure, but only after a zoning permit has first been secured from
the Zoning Officer. Prior to issuing a building permit, the Construction
Official shall ascertain that all conditions and requirements of the
State Uniform Construction Code will be met. Building permits shall
expire one year after issuance if substantial construction has not
been commenced. A fee in the amount indicated in the State Uniform
Construction Code shall accompany each application for a building
permit.
[Ord. #579, A VII, § 3]
It shall be unlawful to use or permit the use of any structure
or premises or part thereof hereafter created, located, erected, changed,
converted or enlarged, wholly or partly, until a Certificate of Occupancy
has been issued by the Construction Official certifying compliance
with all provisions of the State Uniform Construction Code, or requirements
of the Planning Board, and any conditions previously imposed by the
Planning Board or Board of Adjustment.
No Certificate of Occupancy shall be issued by the Construction
Official until endorsed by the Zoning Officer certifying that the
completed construction, building or development complies with the
requirements of this chapter, the requirements of the Board of Adjustment
and/or Planning Board, if applicable. Prior to such endorsement, the
Zoning Officer shall have been provided by the owner at the time of
the foundation inspection, with a location survey, made and dated
at the time of the foundation inspection. The survey shall clearly
show all of the work to be done and the Construction Official at his
discretion may require additional surveys.
[Ord. #579, A VII, § 4]
The provisions of this section shall be administered and enforced
by the Zoning Officer and Construction Official. It shall also be
the duty of the Police Department and the Fire Department to report
any violations of the provisions of this section in writing to the
Zoning Officer and, at the same time, send a copy of such report to
the Borough Clerk. It shall be the duty of the Zoning Officer and
Construction Official upon the filing with either of them of an application
for a zoning permit or Certificate of Occupancy for any structure
or use which does not conform with all provisions of this section,
to notify the applicant in writing to that effect, stating in what
respect such structure or use is nonconforming.
(Reserved)
[1]
Editor's Note: For the establishment of the Planning Board
and dissolution of the Zoning Board of Adjustment, see Chapter XV,
Land Use Procedures.
[Ord. #579, A IX, § 1; New: Ord.
No. 947; Ord. No. 15-2014; Ord. No. 13-2015]
Any person who violates any provision of this chapter shall, upon conviction, for each and every violation be subject to the penalties stated in Section 15-6, Land Use Volume General Penalty.
[Ord. #579, A X, § 1]
This chapter may be amended in accordance with the New Jersey
Municipal Land Use Law, Sections 40:55D-1 through 40:55D-99. In the
event of conflict between the provisions of this chapter and the case
and statutory law of New Jersey, the latter shall be applied.
[Ord. #2007-02 § 17-11; Ord. #16-2008 § 17-11; Ord. No. 15-2014; Ord.
No. 13-2015; Ord.
No. 14-2020; amended in entirety 4-10-2024 by Ord. No. 12-2024]
[Amended 4-10-2024 by Ord. No. 12-2024]
a.
Policy Statement.
Flood control, groundwater recharge, and pollutant reduction
shall be achieved through the use of stormwater management measures,
including green infrastructure Best Management Practices (GI BMPs)
and nonstructural stormwater management strategies. GI BMPs should
be utilized to meet the goal of maintaining natural hydrology to reduce
stormwater runoff volume, reduce erosion, encourage infiltration and
groundwater recharge, and reduce pollution. GI BMPs should be developed
based upon physical site conditions and the origin, nature and the
anticipated quantity, or amount, of potential pollutants. Multiple
stormwater management BMPs may be necessary to achieve the established
performance standards for green infrastructure, water quality, quantity,
and groundwater recharge.
b.
Purpose.
The purpose of this section is to establish minimum stormwater
management requirements and controls for "major development," as defined
below in Section II.
c.
Applicability.
1.
This section shall be applicable to the following major developments:
2.
This section shall also be applicable to all major developments undertaken
by Borough of Sea Girt.
3.
Applicability of this section to major developments shall comply
with last amended N.J.A.C. 7:8-1.6, incorporated herein by reference.
d.
Compatibility with Other Permit and Ordinance Requirements.
Development approvals issued pursuant to this section are to
be considered an integral part of development approvals and do not
relieve the applicant of the responsibility to secure required permits
or approvals for activities regulated by any other applicable code,
rule, act, or ordinance. In their interpretation and application,
the provisions of this section shall be held to be the minimum requirements
for the promotion of the public health, safety, and general welfare.
This section is not intended to interfere with, abrogate, or
annul any other ordinances, rule or regulation, statute, or other
provision of law except that, where any provision of this section
imposes restrictions different from those imposed by any other ordinance,
rule or regulation, or other provision of law, the more restrictive
provisions or higher standards shall control.
[Added 4-10-2024 by Ord.
No. 12-2024]
For the purpose of this section, the terms, phrases, words and
their derivations shall have the meanings stated herein unless their
use in the text of this section clearly demonstrates a different meaning.
When not inconsistent with the context, words used in the present
tense include the future, words used in the plural number include
the singular number, and words used in the singular number include
the plural number. The word "shall" is always mandatory and not merely
directory. The definitions used in this section shall be the same
as the last amended Stormwater Management Rules at N.J.A.C. 7:8-1.2,
incorporated herein by reference.
[Added 4-10-2024 by Ord.
No. 12-2024]
This section establishes design and performance standards for
stormwater management measures for major development intended to minimize
the adverse impact of stormwater runoff on water quality and water
quantity and loss of groundwater recharge in receiving water bodies.
Design and performance standards for stormwater management measures
shall comply with last amended N.J.A.C. 7:8-5, incorporated herein
by reference.
[Added 4-10-2024 by Ord.
No. 12-2024]
a.
Site design features identified under § 17-11.3 above, or alternative designs in accordance with § 17-11.3 above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see § 17-11.4a2 below.
1.
Design engineers shall use one of the following grates whenever they
use a grate in pavement or another ground surface to collect stormwater
from that surface into a storm drain or surface water body under that
grate:
(a)
The New Jersey Department of Transportation (NJDOT) bicycle
safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle
Compatible Roadways and Bikeways Planning and Design Guidelines; or
(b)
A different grate, if each individual clear space in that grate
has an area of no more than seven square inches, or is no greater
than 0.5 inches across the smallest dimension. Note that the Residential
Site Improvement Standards at N.J.A.C. 5:21 include requirements for
bicycle safe grates.
|
Examples of grates subject to this standard include
grates in grate inlets, the grate portion (non-curb-opening portion)
of combination inlets, grates on storm sewer manholes, ditch grates,
trench grates, and grates of spacer bars in slotted drains. Examples
of ground surfaces include surfaces of roads (including bridges),
driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields,
open channels, and stormwater system floors used to collect stormwater
from the surface into a storm drain or surface water body.
|
(c)
For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces, shall have
an area of no more than seven square inches, or be no greater than
two inches across the smallest dimension.
2.
The standard in § 17-11.4a1 above does not apply:
(a)
Where each individual clear space in the curb opening in existing
curb-opening inlet does not have an area of more than nine square
inches;
(b)
Where the municipality agrees that the standards would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets;
(c)
Where flows from the water quality design storm as specified
in the last amended Stormwater Management rules at N.J.A.C. 7:8 et
seq. are conveyed through any device (e.g., end of pipe netting facility,
manufactured treatment device, or a catch basin hood) that is designed,
at a minimum, to prevent delivery of all solid and floatable materials
that could not pass through one of the following:
(1)
A rectangular space 4.625 inches long and one and 1.5 inches
wide (this option does not apply for outfall netting facilities);
or
(2)
A bar screen having a bar spacing of 0.5 inches.
Note that these exemptions do not authorize any infringement
of requirements in the Residential Site Improvement Standards for
bicycle safe grates in new residential development (N.J.A.C. 5:21-4.18(b)2
and 7.4(b)1).
(d)
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars, to the elevation of the
Water Quality Design Storm as specified in N.J.A.C. 7:8; or
(e)
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register listed historic property.
[Added 4-10-2024 by Ord.
No. 12-2024]
a.
This section sets forth requirements to protect public safety through
the proper design and operation of stormwater management basins. This
section applies to any new stormwater management basin. Safety standards
for stormwater management measures shall comply with last amended
N.J.A.C. 7:8-6, incorporated herein by reference.
b.
Safety Ledge Illustration.
|
Elevation View -Basin Safety Ledge Configuration
 |
[Added 4-10-2024 by Ord.
No. 12-2024]
a.
Submission of Site Development Stormwater Plan.
1.
Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at § 17-11.6c below as part of the submission of the application for approval.
2.
The applicant shall demonstrate that the project meets the standards
set forth in this section.
b.
Site Development Stormwater Plan Approval.
The applicant's Site Development project shall be reviewed
as a part of the review process by the municipal board or official
from which municipal approval is sought. That municipal board or official
shall consult the municipality's review engineer to determine
if all of the checklist requirements have been satisfied and to determine
if the project meets the standards set forth in this section.
c.
Submission of Site Development Stormwater Plan.
The following information shall be required:
1.
Topographic Base Map.
The reviewing engineer may require upstream tributary drainage
system information as necessary. It is recommended that the topographic
base map of the site be submitted which extends a minimum of 200 feet
beyond the limits of the proposed development, at a scale of one inch
equals 200 feet or greater, showing two-foot contour intervals. The
map as appropriate may indicate the following: existing surface water
drainage, shorelines, steep slopes, soils, erodible soils, perennial
or intermittent streams that drain into or upstream of the Category
One waters, wetlands and flood plains along with their appropriate
buffer strips, marshlands and other wetlands, pervious or vegetative
surfaces, existing man-made structures, roads, bearing and distances
of property lines, and significant natural and manmade features not
otherwise shown.
2.
Environmental Site Analysis.
A written and graphic description of the natural and man-made
features of the site and its surroundings should be submitted. This
description should include a discussion of soil conditions, slopes,
wetlands, waterways and vegetation on the site. Particular attention
should be given to unique, unusual, or environmentally sensitive features
and to those that provide particular opportunities or constraints
for development.
3.
Project Description and Site Plans.
A map (or maps) at the scale of the topographical base map indicating
the location of existing and proposed buildings roads, parking areas,
utilities, structural facilities for stormwater management and sediment
control, and other permanent structures. The map(s) shall also clearly
show areas where alterations will occur in the natural terrain and
cover, including lawns and other landscaping, and seasonal high groundwater
elevations. A written description of the site plan and justification
for proposed changes in natural conditions shall also be provided.
4.
Land Use Planning and Source Control Plan.
This plan shall provide a demonstration of how the goals and
standards of Section III is being met. The focus of this plan shall
be to describe how the site is being developed to meet the objective
of controlling groundwater recharge, stormwater quality and stormwater
quantity problems at the source by land management and source controls
whenever possible.
5.
Stormwater Management Facilities Map.
The following information, illustrated on a map of the same
scale as the topographic base map, shall be included:
(a)
Total area to be disturbed, paved or built upon, proposed surface
contours, land area to be occupied by the stormwater management facilities
and the type of vegetation thereon, and details of the proposed plan
to control and dispose of stormwater.
(b)
Details of all stormwater management facility designs, during
and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention and emergency
spillway provisions with maximum discharge capacity of each spillway.
6.
Calculations.
(a)
Comprehensive hydrologic and hydraulic design calculations for
the pre-development and post-development conditions for the design
storms specified in Section III of this section.
(b)
When the proposed stormwater management control measures depend
on the hydrologic properties of soils or require certain separation
from the seasonal high-water table, then a soils report shall be submitted.
The soils report shall be based on onsite boring logs or soil pit
profiles. The number and location of required soil borings or soil
pits shall be determined based on what is needed to determine the
suitability and distribution of soils present at the location of the
control measure.
7.
Maintenance and Repair Plan.
The design and planning of the stormwater management facility shall meet the maintenance requirements of § 17-11.7.
8.
Waiver from Submission Requirements.
The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in § 17-11.6c1 through § 17-11.6c6 when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
[Added 4-10-2024 by Ord.
No. 12-2024]
b.
General Maintenance.
1.
Maintenance for stormwater management measures shall comply with
last amended N.J.A.C. 7:8-5.8, incorporated herein by reference.
2.
The following requirements of N.J.A.C. 7:8-5.8 do not apply to stormwater
management facilities that are dedicated to and accepted by the municipality
or another governmental agency, subject to all applicable municipal
stormwater general permit conditions, as issued by the Department:
(a)
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners'
association) as having the responsibility for maintenance, the plan
shall include documentation of such person's or entity's
agreement to assume this responsibility, or of the owner's obligation
to dedicate a stormwater management facility to such person under
an applicable ordinance or regulation; and
(b)
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases
the entire residential development or project. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
of the maintenance required.
3.
In the event that the stormwater management facility becomes a danger
to public safety or public health, or if it is in need of maintenance
or repair, the municipality shall so notify the responsible person
in writing. Upon receipt of that notice, the responsible person shall
have 14 days to effect maintenance and repair of the facility in a
manner that is approved by the municipal engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or County may immediately proceed to do so and shall
bill the cost thereof to the responsible person. Nonpayment of such
bill may result in a lien on the property.
c.
Nothing in this subsection shall preclude the municipality in which
the major development is located from requiring the posting of a performance
or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
[Added 4-10-2024 by Ord.
No. 12-2024]
Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this section shall be subject to the penalties stated in Section 15-6, Land Use Volume General Penalty.
